My Law Tutor – Terms & Conditions

IMPORTANT! PLEASE READ THIS LEGAL STATEMENT CAREFULLY, ESPECIALLY THE LIABILITY AND DISCLAIMERS, BEFORE USING THIS WEBSITE OR BEFORE USING ANY OF MY LAW TUTOR SERVICES.

Welcome to the My Law Tutor website (“Website”). This Website is owned and operated by My Law Tutor (ABN 39 130 670 032) (“My Law Tutor”). It is intended to provide you with information on My Law Tutor and our products and services.

Your use of this Website and the information available (the “Material”) on this Website, and also your use of any of our products and services, is subject to the following terms and conditions. Please ensure that you read this carefully, especially the disclaimers and limitations of liability, as in using the Website or any of our products and services, you will be taken to have agreed with these terms and conditions.

My Law Tutor does not intend to make changes to these terms and conditions often, but may change them at any time without notice. You should check whenever you use this Website to ensure that you have read and agree with the most current terms and conditions.

Disclaimers

Access to the Website - My Law Tutor does not warrant that access to this Website will be uninterrupted, or that the services offered on the Website will be error-free. We reserve the right to change or discontinue any feature on this Website, hours of availability and equipment or software required for access.

Reliance on information - The information on this Website is provided in good faith and My Law Tutor has used its best efforts to ensure its accuracy. You should not rely on it without making your own independent assessment of the information. My Law Tutor does not guarantee the accuracy, currency, reliability or completeness of any information provided on the Website.

Security - My Law Tutor has taken reasonable steps to protect the information on this Website from illegal, harmful or inappropriate use, modification or alteration.

Links - The inclusion of links in this Website is not intended as an endorsement or recommendation of any linked website or the content of such websites, and My Law Tutor accepts no liability for loss of any kind arising from the information on any linked website. You should read carefully the terms and conditions that appear on any website linked to the My Law Tutor Website as My Law Tutor is not responsible for any practices on linked websites.

Liability

No Liability – To the extent permitted by law, My Law Tutor and everyone who helped develop, create and produce or deliver the material and information, disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by you using this Website (or inability to use this Website), or relying on anything contained in or omitted from this Website, unless they acted wilfully or with gross negligence. This exclusion applies even if the loss or liability arises from a negligent act or omission or has been notified to us. The exclusion will not cover liability for death or injury caused by our negligence nor any other liability where that liability may not be lawfully excluded.

No Warranties - The Website and Material are provided on an as is basis without any warranties of any kind. My Law Tutor, to the fullest extent permitted by law, disclaims all warranties. The Trade Practices Act 1974 (Cth) and all corresponding state and territory legislation implies terms, conditions and warranties into some contracts for the supply of goods and services and prohibits the exclusions, restriction and modification of such terms (“Prescribed Terms”). Except as provided by the Prescribed Terms, all warranties express or implied by law in any way relating to access to, or non access to, the Website or the use of or reliance upon the Website or the Materials are excluded. My Law Tutor does not warrant that the Website will operate error free or that this Website and its servers are free of computer viruses and other harmful data, code, components or other material. Nor does My Law Tutor warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or will give notice of such use, modification or alteration

If My Law Tutor or anyone who developed, created or produced the Website breaches any Prescribed Term, their liability for a breach of the applicable Prescribed Term (other than a warranty implied by section 69 of the Trade Practices Act 1974 (Cth) or corresponding state legislation) is limited to, at My Law Tutor’s election the resupply of the relevant advice, service, recommendation or information; or the payment to you of the cost of having the relevant advice, service, recommendation or information supplied again.

Intellectual Property

Copyright - The content of this Website and the Material is owned by, or used under licence by, My Law Tutor. No part of this Website or the Material may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed for any commercial purpose whatsoever without My Law Tutor's prior written permission unless expressly permitted under the Copyright Act 1968 (Cth).

Trademarks - All names, logos and trademarks are the property of My Law Tutor or the third parties who have contributed to this Website. Nothing on the Website should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without the express written agreement of My Law Tutor or the relevant contributor. Nothing displayed on the Website should be construed as granting any licence or rights to use any name, logo or trademark without the express written permission of My Law Tutor, or the relevant third party contributor.

If you have any questions or queries, or if you have any suggestions or problems, please send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Other

Currency and GST – All prices are displayed in Australian dollars and are exclusive of Goods and Services Tax (GST). Pricing and Availability of Products and Services – Although My Law Tutor makes every effort to ensure that products or services sold online are in stock when so indicated and that information and prices concerning products and services listed on the Website are accurate, the prices and availability of products are subject to change without notice. Similarly the times, dates and locations of programs, seminars and events listed on the Website are also subject to change without notice, however My Law Tutor will endeavour to contact customers to inform them of any changes prior to the event.

Ordering Products and Services – You may place an order by following the instructions on the Website ("Book Now"). Orders (the offer) will be deemed to have been received by My Law Tutor at the time My Law Tutor sends an order confirmation to your nominated email address. You may cancel all or part of your order if you contact us before you receive the confirmation email. If a product has been listed at an incorrect price, or for any other reason, My Law Tutor reserves the right to refuse or cancel your order for that product even if your order has been confirmed. In the event of My Law Tutor cancelling an order any payments processed will be promptly refunded. Importantly, by placing an order through the My Law Tutor website does not guarantee that we will be able to provide that service, even if the service has been paid for. This is because a website booking does not check the availability of tutors/editors or the time period the student has left us to complete the work. As a result, My Law Tutor does not accept your offer to complete the booked services until we have arranged a tutor/editor to complete the booked work. If in the case where a service has been booked through the website, but we are not able to do this work due to time restraints or other restraints, then we will refund the money you have paid for the service. The contract between the client and My Law Tutor is not formed until we have confirmed a tutor's/editor's availability and that we will be able to provide the service for you. Receiving a confirmation email (which is a tax invoice) of an online booking is not acceptance of your offer, merely a receipt recognising your offer and your payment.

Returns, Refunds and Exchanges – My Law Tutor has a no return, refund or exchange policy once an order confirmation email has been sent by My Law Tutor for any products or services purchased through the Website. In some cases, however, My Law Tutor may credit the customer’s account, but this is at My Law Tutor’s discretion. Regarding products or services ordered through My Law Tutor but not from the Website, My Law Tutor also has a no return, refund or exchange policy, but again may credit the customer’s account, but solely at My Law Tutor’s discretion.

Payment – Products purchased through this Website must be paid by any payment method specified and available through the Website. If using a credit card (if available through the Website), My Law Tutor accepts Visa, MasterCard, American Express, and bank transfers. All of this is undertaken via the secure PayPal payment system on the Book Now page of the website. My Law Tutor accepts no liability for any mistake made by PayPal. You must provide My Law Tutor with a valid credit card that you are authorised to use. You authorise My Law Tutor to debit the specified amount from your nominated credit card. Credit cards will be charged at the time the order is dispatched. If the payment is declined My Law Tutor will not be able to guarantee the delivery or performance of the products or services, and may contact you to make alternative payment and delivery arrangements.

Security – While My Law Tutor employs advanced data encryption technology when interfacing with users via the Website, users should be aware that there is a minimal inherent risk in transmitting any data electronically which is inherent in all internet dealings. My Law Tutor thus cannot ensure or warrant the security of any information transmitted to or from its Website, and users do so at their own risk.

Use of Website from Outside Australia - The information on this Website and the terms and conditions have been prepared in accordance with Australian law. If you are residing in or accessing this Website from a country other than Australia (“the User Country”) the information and the terms and conditions may not satisfy the laws of the User Country. Should the information and the terms and conditions not satisfy the laws of the User Country, this Website is not intended for your use, and you are not entitled to rely on the information. If you do so, you agree to indemnify My Law Tutor for any loss or damage, which may be incurred by My Law Tutor as a consequence.

Severability – If any provision of these terms and conditions is found to be void, unlawful or unenforceable for any reason, that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these terms and will not otherwise affect the validity and enforceability of any remaining provisions.

Governing Law – The terms and conditions are to be governed by and construed in accordance with the laws of Queensland, Australia. You and My Law Tutor submit to the exclusive jurisdiction of the courts of Queensland and Australia.

General – This Agreement and any other policies or guidelines on the Website are incorporated herein by reference and comprise the entire agreement between you and My Law Tutor and supersede all prior agreements between the parties regarding the subject matter hereof. Any provision hereof that is held to be void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions. Headings are for reference purposes only and in no way define or limit the scope of a section. My Law Tutor's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Website you consent to receiving electronic communications from My Law Tutor including notices about your account and information concerning or relating to My Law Tutor's products, services, newsletters and events.

Services – Liability, Warranties, Plagiarism

No Liability – My Law Tutor provides tutoring and editing services to students and other related clients. In providing such services, My Law Tutor will make comments, suggestions, and provide advice to students on legal matters pertaining to their law studies. This is the nature of the tutor-student relationship. However, any such comment, suggestion or advice is in no way intended to be legal advice. As such, and to the extent permitted by law, My Law Tutor and any of its employees, contractors or agents, disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered as a result of using these services, unless they acted wilfully or with gross negligence. This exclusion applies even if the loss or liability arises from a negligent act or omission or has been notified to us. The exclusion also applies to a student’s academic results, or any loss, damage or inconvenience suffered as a result of using any My Law Tutor service. My Law Tutor is in no way liable for a student’s academic results or any consequences thereof. In addition, from time to time we may not be able to complete a service for reasons such as a tutor/editor becoming unavailable at the last minute or becoming otherwise indisposed. Thus My Law Tutor accepts no liability for not being able to complete a task, and we are not responsible for the effects of not being able to provide that service to you. The student alone is responsible for their academic results, and for ensuring their assessments are handed in on time. My Law Tutor accepts no liability concerning these things.

No Warranties - The My Law Tutor services are provided on an as is basis without any warranties of any kind. My Law Tutor, to the fullest extent permitted by law, disclaims all warranties. The Trade Practices Act 1974 (Cth) and all corresponding state and territory legislation implies terms, conditions and warranties into some contracts for the supply of goods and services and prohibits the exclusions, restriction and modification of such terms (“Prescribed Terms”). Except as provided by the Prescribed Terms, all warranties express or implied by law in any way relating to access to, or non access to, the My Law Tutor services are excluded. My Law Tutor does not provide any warranties regarding any student’s academic results as a result of using any My Law Tutor services.

Plagiarism – Every university has a plagiarism policy for its students. Before using any My Law Tutor service, all students must ensure they are familiar with their university's policy on plagiarism (which we are not familiar with) and that there is no conflict with that policy in using any My Law Tutor service. If, after considering their university's plagiarism policy, a student believes they will be in breach of such a policy by using any My Law Tutor service, the student should not proceed with the My Law Tutor service. My Law Tutor exists to assist students throughout their legal studies, and My Law Tutor in no way encourages or endorses students to engage in plagiarism of any kind. In providing its tutoring and editing services, My Law Tutor assists students by providing suggestions for improvement as part of the tutor-student relationship. On some occasions, as part of the tutor-student relationship, My Law Tutor may actually write example responses to a particular question by way of a model answer in order to show the student how to approach answering such a question. Such writing is always undertaken by way of suggestion only, and the student is advised never to submit work that is not their own and which may breach their university's plagiarism policy.

Feedback, Questions or Problems

My Law Tutor welcomes any feedback you may have regarding our Website or these terms and conditions. If you have any questions or queries, or if you have any suggestions or problems, please send an e–mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Personal Information Management Policy

1. Introduction

My Law Tutor respects and upholds your rights to privacy protection under the National Privacy Principles contained in the Privacy Act 1988. The National Privacy Principles apply to us from their introduction in late 2001.This policy describes how we manage any personal information we have about you.

2. What personal information about me does My Law Tutor hold?

My Law Tutor may hold the following information about you:

· Name
· Occupation
· Contact details (telephone number(s), address, email address)
· Any information you provided to us in the online employment application form, your resume or covering letter
· Any information provided to us as part of us providing any services
· Any information provided to us through our Website including on our online “contact” forms or our online “ask a question” forms, or other similar forms (or boxes) on the Website
· Any information provided to us through customer surveys and newsletters

Our internet service provider may collect information when you access the Website including, your internet protocol address, your top level domain name, pages you accessed, previous Websites you have visited, the type of browser you are using when you visit our web Website, for statistical purposes.

This Website does not provide facilities for secure transmission of information across the internet. The user should understand that there are inherent risks in transmitting personal information across a public network.

3. What does My Law Tutor do with my personal information?

We use personal information about you:

· to assist in providing services to you that are relevant to employment positions and recruitment generally;
· to assist with the reply of any calls you made to us during non–business hours;
· for our internal administrative, marketing, planning, product development and research requirements;
· to communicate promotional offers and special events;
· for purposes of compiling industry data.

My Law Tutor will not disclose personal information about you to any person except on a confidential basis to agents that we use in the ordinary operation of our business, such as for data processing, printing or mailing.

At any time you may opt out of receiving any communications from us (other than as required for the operation of our business, eg regarding payment of your account).

4. Openness

You may request access to personal information we hold about you by emailing “The Privacy Manager” at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You do not have to provide a reason for requesting access. Where we hold information that you are entitled to access, we will endeavour to provide you with a suitable range of choices as to how you access it (eg emailing or mailing it to you).

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request amendment of it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.

Any questions about this policy, or any complaint regarding treatment of your privacy by My Law Tutor, should also be made in writing to the address below.

Our contact details are as follows:

My Law Tutor

PO Box 1064
Townsville QLD 4810

Mobile: +61 (0)405 475 083

Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

5. Miscellaneous

In this policy “personal information” has the same meaning as under the Privacy Act. References to “My Law Tutor” are to My Law Tutor (ABN 39 130 670 032), who has issued this policy. This policy represents our policy as at 19 November 2009. We may change this policy from time to time. Although we intend to observe this policy at all times, it is not legally binding on My Law Tutor in any way. From time to time we may regard it as necessary or desirable to act outside the policy. My Law Tutor may do so, subject only to any statutory rights you have under the Privacy Act or other applicable legislation.