IMPORTANT -- READ CAREFULLY: This end-user agreement (this "Agreement") is a legally binding agreement between you, an individual User or a single entity, and taLaw.com Pty Ltd ACN 006 372 265 ("taLaw.com") covering your use of the document sharing cloud solution known as eBrief (“Service"). We will refer to ourselves in this Agreement as "taLaw.com", "we" or "us".
Your use of the Service is conditional on your acceptance of the terms set forth in this Agreement. By using or continuing to use our Services, you agree to be bound by this Agreement.
You must read this Agreement carefully before accessing or using our Services.
Last updated 30 November 2016.
1.1 Eligibility for Service
You may not use the Service and may not accept the terms set forth in this Agreement if you are barred by law from receiving the Service.
1.2 The Service
We will provide you with access and use of the eBrief system by allowing you to create an account if you meet the requirements set out in this Agreement.
In this Agreement, barristers, advocates, solicitors, clients, experts, court reporters and any other category of users are collectively referred to as “Users”. Users must have an account to access the eBrief system.
The eBrief system assists barristers and advocates manage their cases by allowing Users to create a matter for each case, upload documents related to the case and share these documents with other Users. Users are able to share the matter folder with other Users and give access to other Users to upload documents and manage the matter. The documents are saved as part of the matter on a taLaw.com server, allowing searching, downloading and extraction at a later date.
To use the Services, you must have a computer [or mobile device] with an up-to-date operating system and web browser, and a fast internet connection.
3.1 Agreement applies to all Users
This Agreement applies to all Users of the Service, including if you are using our Services on behalf of an organisation or on your own behalf.
We may also have other agreements with you (or the organisation who you represent) which apply in addition to this Agreement, including cloud services agreements which relate to certain cloud services for diary, accounting, CRM and mailroom systems. To the extent that there is any inconsistency between this Agreement and another agreement between you and us, this Agreement will prevail in relation to the Services unless the other agreement expressly states otherwise.
3.2 Corporations or law firms
If you are a corporation, law firm, or have entered into this Agreement on behalf of a corporation or law firm, the corporation or law firm is responsible for ensuring that all of its partners, employees and agents comply with the terms of this Agreement.
4.1 In the Service
Copyright and other intellectual property laws and treaties protect the Service. We own all right, title and interest in and to the Service (and each portion of the Service), and all associated copyright and other intellectual property rights in and to the Service (excluding the content that you upload to the Service).
4.2 In the content you upload
Unless clause 4.3 applies, we acknowledge and agree that as between you and us, you own all intellectual property rights in the content that you upload to the eBrief system or otherwise provide to us for the purpose of us performing the Services.
You grant us a limited, non-exclusive, perpetual, revocable, royalty-free and non-transferable licence to use the intellectual property rights in any content you upload or provide to use to the extent necessary for us to perform the Services or to otherwise exercise our rights or to comply with our obligations under this Agreement or any other agreement we have with you.
We may sub-licence this licence to third party service providers who assist us in providing the Services, and to other Users who access and use the Services.
4.3 Your obligations
You are responsible for ensuring that you do not, in using the Service, infringe or violate any other person’s intellectual property or privacy rights or misappropriate confidential information.
You represent to us that you are using the Service for the purposes of a judicial proceeding or for the purpose of the giving or receiving of professional advice by a legal practitioner, patent attorney or trade marks attorney.
taLaw.com disclaims responsibility if you fail to comply with any of 4.2(a) to 4.2(d) above.
From time to time, you or your employees or agents may send to taLaw.com suggestions, materials, information, ideas or concepts relating to the Service or any other matters ("Ideas"). You hereby grant to taLaw.com a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) to use such Ideas as taLaw.com sees fit, without payment of a fee. Without limiting the foregoing, no Idea will be subject to any confidentiality obligation..
5.1 Your account
5.2 Your obligations
When you create an account, you agree to:
purchase extra storage space; or
create extra space on your account by deleting documents from your account.
5.4 Use of the Service
You must use the Service in a responsible and reasonable manner. You must not use the Service in a way that is against the law or that harms us or our partners, affiliates, customers and/or suppliers. You must not, for example:
You have no right to use the Service for any purpose other than as specified in this Agreement. The rights granted to you in this Agreement are your only rights in relation to the Service.
5.6 Your warranties and representations
You warrant and represent that:
5.7 Your liability
You are liable for any loss or damage directly or indirectly caused by any breach of your obligations under this Agreement..
5.8 Your indemnity
You agree to indemnify taLaw.com for all losses, liabilities, damages and costs and expenses (including without limitation reasonable legal and attorneys’ fees) that taLaw.com may suffer or incur arising out of or relating to your use or misuse of the Service or breach of this Agreement, or in respect of any claim made or legal or regulatory action brought against taLaw.com arising out of or relating to your conduct or your use or misuse of the Service or breach of this Agreement.
5.9 Our legal relationship with Users
Nothing contained or implied in this Agreement means a User is a partner, agent or legal representative of us for any purpose, or creates any partnership, agency or trust. No User has any authority to bind us in any way. Any relationship we have with Users is as a service provider, and you acknowledge that we do not employ you.
5.10. Cancellation of your account
6.1 Provision of the Services
We provide the Services strictly on an “as-is” and “as available” basis and to the maximum extent permitted by law, we exclude all warranties, terms, conditions or undertakings whether express or implied, statutory or otherwise, including that the Services will be:
6.2 Limitation of Services
We may limit your access to or use of the Services at any time and for any reason, including for any breach of this Agreement or misuse of the Services
We may change, modify or remove some or all of the Services at any time and at our sole discretion.
This Agreement does not grant you any right to enhancements or updates to the eBrief system although taLaw.com may make available such enhancements or updates to the eBrief system as it sees fit in its absolute discretion. Where taLaw.com chooses to make any patches, updates, add-ons or hot-fixes to the eBrief system available, this Agreement also applies to these changes unless they are accompanied by separate terms.
6.4 Storage of content
We are not legally required to back-up, store, maintain or provide you a copy of any content. However, where we create a back-up copy of your content, we may provide you with a copy upon request subject to your payment of any additional costs we may charge. We are not responsible or liable for any loss of data or content resulting from your use of the Services.
6.5 User generated content
We are not responsible or liable for any content that is created by or uploaded to the eBrief system by other Users. Specifically, we do not warrant or represent that any content uploaded by Users:
If you believe any content or information infringes your rights or is otherwise unlawful, please contact us on the details at the end of this Agreement.
6.6 Limitation of Liability
If taLaw.com is found to be liable to you (including in contract, tort (including negligence) or otherwise), taLaw.com's liability is limited in all circumstances to one of the following options, as selected by taLaw.com:
6.7 Liability cap
Notwithstanding clause 6.7, to the fullest extent permitted by applicable law, taLaw.com’s total cumulative liability to you in connection with this Agreement, whether in contract or tort (including negligence) or otherwise, will not exceed AUD $500.00
7.1 Internet Connection
You are fully responsible for all third party costs associated with accessing the Service, including without limitation all fees charged by your internet service provider.
We reserve the right to modify, change, suspend, limit or discontinue any aspect, feature or functionality of or relating to the Service at any time, without notice. Without limiting the foregoing, we have the right to interrupt the Service from time to time, as and when we deem appropriate, to perform maintenance relating to the Service.
In the event that any disputes arise in relation to the Services or this Agreement, you agree to:
Nothing in this clause 10 prevents you or us from seeking urgent injunctive relief from a court.
11.1 'as is'
The Service is provided on an "as is" basis and, to the fullest extent permitted by applicable law, taLaw.com hereby expressly disclaims all warranties, whether express, implied or statutory, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, reliability, accuracy, completeness and quiet enjoyment. You may have additional consumer rights under your local laws that this Agreement cannot change. Any implied warranties that cannot be excluded are limited to 30 days or the shortest period permitted by applicable law, whichever is greater.
11.2 Security and access
11.3 Consequential Loss
To the fullest extent permitted by law, you cannot recover from us any special, incidental, indirect, punitive or consequential damages, including without limitation, any damages for loss of profits, revenues, time, money, privacy, or confidential or other information, arising out of or relating to your use or inability to use the Service. Without limiting the foregoing, to the fullest extent permitted by law, you cannot recover from us any special, incidental, indirect, punitive or consequential damages for any losses arising from or relating to:
Some jurisdictions do not allow the exclusion of incidental, consequential or other damages, so the above limitation may not apply to you.
Where we are required or permitted to give you information (eg a notice), we may do so in any way, including by:
Where we give you information in person or by telephone, it is taken to be received by you at the time we give it. Where we give you information by mail, it is taken to be received by you on the third day after posting. Where we give you information by email, it is taken to be received by you when the email is sent, regardless of any response to the email. Where we make information available on our website, it is taken to be received by you at the time the information is made available on the website.
taLaw.com can be contacted at:
Level 10, 555 Lonsdale Street
Telephone: +61 3 9020 4456
90 Long Acre
London, WC2E 9RZ
Telephone: +44 20 8798 0230