Terms and Conditions
The Parties
These terms and conditions (Terms) are a contract between Lext Playbooks Pty Ltd ACN 669 759 693 trading as Lext Playbooks ABN 76 669 759 693 (Playbooks, we, us, or our) and you, meaning the person accessing or using the website located at lext.com.au and the associated app at app.lext.com.au or anywhere the application known as ‘Playbooks’ is available (App). Each of you and us is a Party to these Terms. These Terms also incorporate our Privacy Policy. You acknowledge and agree to be bound by the Terms and the Privacy Policy.
Account
If you are using the App on behalf of anyone else, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of that other person or entity and where necessary to bind the entity and the entity’s personnel to these Terms.
You must provide accurate and complete information to register for an account.
You may not make your access credentials or account available to others, and you are responsible for all user activities that occur using your account.
Usage
You must not:- use the App in a way that infringes, misappropriates, or violates any person’s rights;
- reverse assemble, reverse compile, decompile, translate, or otherwise attempt to discover the source code or underlying components of the App or its models, algorithms, or architecture; or
- use any automated or programmatic method to extract data or output from Playbooks, including scraping, web harvesting, web data extraction, or unauthorised API calls.
When using the App and any related products or services, you agree to comply with all applicable laws and regulations. You will not use the App and any related products or services for any unlawful or unauthorised purposes. You are solely responsible for your conduct while using the App and any related products or services.
Data security
We have implemented robust security measures to safeguard your personal information that you disclose during your use of the App. However, please note that no system is completely immune to potential security breaches or unauthorised access. To the maximum extent permitted by law, we disclaim all liability for loss or damage suffered by you as a result of unauthorised or malicious access or activity to our App or its associated services by a third party.
Content
The App is designed to provide general legal information and assistance about legal documents and legal issues. However, it does not constitute legal advice. You acknowledge and agree that:- we are not a law firm;
- the information and answers the App provides do not constitute legal advice.
We recommend consulting a qualified legal professional for specific legal advice tailored to your situation.
The answers produced by the App do not take into account your specific needs, objectives, or circumstances and are not a substitute for legal advice.
Answers produced by the App are based on the instructions provided by the user; the nature and the quality of the instructions provided by the user may influence the accuracy or reliability of answers produced by the App.
While we make reasonable attempts to ensure the accuracy and completeness of the answers provided, to the extent permitted by law, we make no representation or warranty regarding the accuracy of the answers produced by the App. You should always check the references that accompany answers produced by the App to independently verify the answer.
Subscription Fee
Playbooks allows you to access certain features in consideration for you paying a subscription fee (Subscription Fee). The Subscription Fee is paid through a third-party service called Stripe. You consent to our use of Stripe, or any similar third-party payment processing service, for the purposes of processing your Subscription Fee payment. The amount of the Subscription Fee is disclosed to you at the time you register to use Playbooks. We may change the Subscription Fee from time to time.
For Subscription Fees that are paid annually, unless you request that we cancel your subscription at least 14 days before the next anniversary of the date on which you subscribed, the annual Subscription Fee will be automatically charged to the most recent credit card details provided by you.
In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honored by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.
Intellectual Property
All Intellectual Property Rights related to our App and any related products or services are owned by us or our licensors. You may not use, reproduce, or distribute any content from our App and any related products or services other than as provided for by features within the App.
Termination
We may terminate or suspend your access to the App without prior notice or liability for any reason, including if you violate these Terms.
Dispute Resolution
If you have a dispute regarding these Terms, you will first inform us in writing of that dispute. If the dispute cannot be resolved in correspondence, the parties must first attend and participate in good faith in a mediation conducted by a jointly appointed mediator, or if the parties are unable to jointly selected a mediator, by a mediator selected by The Resolution Institute.
Limitations on Liability
Despite anything to the contrary, to the maximum extent permitted by law:- our Liability is limited to an amount equal to the Subscription Fee paid by you in the 12 months immediately preceding the event giving rise to the liability;
- We will not be liable for Consequential Loss; and
- our Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your personnel).
General
- Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
- Email and Text Message: You agree that we may send electronic mail and text messages to you at any email address or telephone number which you nominate in writing. You release us from any Liability you may suffer as a result of any unauthorised copying, recording, reading, or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
- Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
- Governing Law: These Terms governed by the laws of New South Wales and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
- Notices: Any notice given under these Terms must be in writing addressed to us at the email address at the end of these Terms or to you at the aemail address specified in your Account. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 4 business days in the case of post, or at the time of transmission in the case of transmission by email.
- Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment, or agency relationship (except to the extent set out in the Payment clause as a limited payment collection agent) between the Parties.
- Severance: If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Definitions
- Consequential Loss: includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
- Intellectual Property: means all intellectual property, and includes any domain names, know-how, inventions, processes, trade secrets, confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements, or modifications of, the foregoing.
- Intellectual Property Rights: means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of the Intellectual Property.
- Liability: includes any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding, or judgment (whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
Contact Us
If you have any further questions or concerns about these Terms and Conditions, please contact us at the following address:
Lext Playbooks
Level 3, 156 Clarence St, Sydney, 2000, Australia.
Email: support@lext.com.au
Effective: 10 September 2024