Terms of Use

The Wise Owl Legal Software is the copyrighted work of Wise Owl Legal Pty Ltd, ACN 154 769 141 ("Wise Owl"). Use of the Software is governed by the terms of the end user License agreement which accompanies or is included with the Software (“License Agreement”).

This License agreement applies to Wise Owl Legal, products and services. You are bound by the terms and provision of this agreement by accessing and using this Software. By accessing this Software’s particular features and services you shall be subject to any standards or rules that regulate such services which could be amended from time to time.

This is a contract between Wise Owl Legal and you. By using this Software supplied with this document, and the related user guides and materials (together with the Software), you agree to be bound by the terms of this License. This License covers copies of the Software provided for evaluation or trial purposes, subscription versions and non-subscription or full versions of the Software.

ANY PARTICIPATION IN THIS SITE WILL ESTABLISH ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THE SITE.

Important

There are numerous technical aspects within the Software that may influence your ability to continue to use the Software. An overview of these features is provided below:

You are purchasing the right to use the Software (Wise Owl Legal), not to own it;
If you have been provided access to a Trial Version, you may only use the Software on a temporary basis to evaluate the Software’s functionality and usefulness for your needs;
To protect against illegal copying the Software contains registration and activation processes which need to be complied with;
To continue using the Software, those processes require you to verify your compliance with the terms under which you are Licensed to use the software (for example: the number of computers on which the Software is installed) and to permit continued reactivation of the Software from time to time. This involves, in all versions, periodically verifying your License details, and in the subscription version, renewing your subscription when it falls due. Wise Owl Legal may also verify subscription customers during a subscription period and not only at renewal. You will also need to reactivate your Software if you want to reinstall it (for example, if you upgrade your computer or if you have a hard drive failure, and you may incur a technical support cost for this);
When you purchase the Software or during the course of your subscription you will be provided with an installation key code (“IKC”). Please keep the installation key code in a safe place. You may need it when you first install or re-install (if permitted) the Software and to reactivate the Software. Please note if you lose your installation key code that it will not be replaced by Wise Owl Legal and you will not be able to install or reactivate the Software;
If you do not renew your subscription, which also requires you to install and use the updated Software or if you do not verify your License details (as applicable) within the required period, the Software may continue to operate but with impaired functionality or you may not be able to access the Software at all (including printing out or viewing any of your data or records);

Use of Software is not provision of professional advice:

The information contained in the Software may contain features designed to assist you in complying with the requirements of relevant legislation;
In providing you with information which may relate to relevant legislation, Wise Owl Legal is not engaged in rendering legal, accounting or other professional services and that nothing in the Software constitutes taxation, financial, wealth management, superannuation or other professional advice. Legal, accounting or other relevant professional advice should be obtained before taking any action in reliance on this Software;
While relevant reports produced using the Software will be compliant with legal requirements at time of release, as these requirements may change from time to time, you should confirm compliance with your professional adviser before relying on any such reports;
The help contained in this Software is not a substitute for obtaining the appropriate independent professional advice. If legal advice or other expert assistance is required, you should seek the service of the appropriate competent professional.
Liability: To the maximum extent permitted by any law, including the Competition and Consumer Act 2010 (Cth), will not be liable responsible for delays, non-performance, failure to perform, processing errors nor will the liability of Wise Owl Legal include or extend to any special or consequential loss or damage suffered by you, except where required by the Consumer Guarantees.
Limitation of implied terms: In relation to goods or services not ordinarily acquired for personal, domestic or household use, Wise Owl Legal's (and its distributors') liability for breach of any guarantees, implied conditions or warranties that cannot be excluded is limited, to the extent permitted by law and at the option of Wise Owl Legal, to repair the goods, or the cost of repairing the goods, to replacing or re-supplying the goods or services or their equivalent again or the payment of the cost of having the goods or services or their equivalent replaced or supplied again. You acknowledge that this clause, and any reliance on it by Wise Owl Legal, is fair and reasonable.

Wise Owl's Contact details:

Wise Owl Legal Pty Ltd
PO Box 2557
MANSFIELD BC, QLD 4122

wiseowl@wiseowllegal.com.au

Subscription:

This is a subscription to use the Services for a minimum of 12 months. The Subscription Fee for the initial 12 months is non-refundable. After the initial 12 month Subscription you may choose to pay for a further 12 month subscription or monthly subscription at the applicable rates. If after the initial 12 months, you do not renew your subscription or your subscription expires or is terminated, you will no longer have access to the Services, and your data will be destroyed within 30 days from the expiry of your subscription.

Your Permitted use of the Software:

If you have purchased a single user License, you may install the Software once, on one computer only. Subject to any multi-user Licenses that you have obtained, if more than one person is to use the Software at the same time; or the Software is to be installed on more than one computer then you must obtain an additional License for each additional person or computer.

General Restrictions:

You must not:

Use or rely upon the Software for any purpose or in any manner for which the Software is not warranted;
copy, reproduce, translate, adapt, vary, merge or modify or create any derivative work based on the Software;
Reverse engineer, decompile, disassemble, reconfigure or otherwise attempt to discover the source code of the Software; or
sell, market, network, transfer, lease, license, sub-license, rent, lend or otherwise dispose of or distribute the Software or use the Software to provide any Internet based services, including a bureau or hosting service.

Upon written request from Wise Owl Legal, including by e-mail, you agree to provide Wise Owl Legal with a signed certificate:

verifying that the Software is being used fully in accordance with this License, including user and machine limitations, and
Listing locations, types and serial numbers of equipment on which the Software is run. You agree to allow Wise Owl Legal to use and disclose any personal details provided to Wise Owl Legal in connection with this License in accordance with Wise Owl Legal’s then current privacy policy displayed on Wise Owl Legal’s website.

Access to the Services:

Use of the Services is solely verified by user login and password. You are entirely responsible for maintaining the confidentiality of all access details of every user of your Account. Wise Owl Legal does not accept any responsibility for breaches of your security.

Use of the Services:

You will not yourself or allow others to engage in any unlawful or prohibited use. You are responsible for any and all activities that occur under your Account by any person. Wise Owl Legal will not be liable for any loss that you may incur as a result of unauthorised use. You may be held responsible for losses incurred by Wise Owl Legal or any third party due to any unauthorised use of your Account.

Limited Warranty:

This clause is subject to the consumer guarantees regime as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (also referred to as the Australian Consumer Law), and the Consumer Guarantees Act 1993 (NZ), as amended from time to time, or other similar legislation of a state or territory of Australia or NZ respectively ("Consumer Guarantees").

In Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. In New Zealand, these guarantees cannot be modified nor excluded by any contract, except in those circumstances contemplated by section 43(2) of the New Zealand Consumer Guarantees Act.

Software provided on an 'as is' basis

Except as required by the Consumer Guarantees, Wise Owl Legal provides the Software to you on an "as is" basis and without any representations by Wise Owl or any of its authorised distributors regarding the use, performance or results of the use, of the Software.

Defects in media

In addition to any rights and remedies you have under the Consumer Guarantees, Wise Owl Legal warrants that the media on which the Software is recorded is free from defects in manufacture for a period of 90 days from the date of delivery (for on-line purchases) or 90 days from the date of purchase (for in-store purchases). During this period, subject to clause (c), Wise Owl Legal will replace any defective media on which the Software was supplied and any Software on that media, free of charge, unless you caused damage to the media due to poor handling.

To make a claim under clause (b), you must:

(i) email Wise Owl Legal with the subject line 'warranty claim', and include the following: (A) in the body of the email, provide the IKC, detail the fault and whether a workaround has been provided by a member of Wise Owl Legal's support team; and (B) provide a copy of the receipt or proof of purchase and payment. Once Wise Owl Legal receives the information, Wise Owl Legal will provide a preliminary assessment of the claim and contact you to advise Software assessed on a preliminary basis to be defective by Wise Owl Legal will be replaced by Wise Owl Legal and sent to you at Wise Owl Legal’s cost.

No guarantee that Software will be error free or that its use will be uninterrupted

While Wise Owl Legal has endeavoured to make sure that the Software works substantially as per the specifications published by Wise Owl Legal from time to time, except as required by the Consumer Guarantees, Wise Owl Legal does not guarantee that the Software will work on all computer hardware platforms or configurations and makes no warranty that the Software will be error free or that its use will be uninterrupted.

Internet access, telecommunications networks, firewalls and security:

You acknowledge and agree that use of the Services requires internet access which may be affected by factors beyond the control of Wise Owl Legal. Any access to the internet and storage of data on servers may involve risks and that while as far as possible Wise Owl Legal will try to, it cannot guarantee security. Submissions made via email are not protected by encryption and may be vulnerable to interception during transmission. Wise Owl Legal does not guarantee the uninterrupted availability of the Services, its website, applications hosted by the website, its servers (or the servers of third parties, which Wise Owl Legal may engage to provide the whole or part of the Services) including connections to its online activation server because these may be dependent upon third party networks and security measures over which Wise Owl Legal has no control.

Back up & Data Retention:

You should ensure you conduct regular backups of your data. Except as required by the Consumer Guarantees, Wise Owl Legal on behalf of itself and/or any of its distributors and associates, does not assume any liability with regard to your use of the Software, including but not limited to, loss of data. In addition, you should confirm your data retention requirements for tax and compliance purposes with your professional adviser.

Subscription Terms:

If you have purchased a subscription version of the Software, the following will apply.

Entitlement to Upgrades and Updates:

During the period for which you have paid subscription fees you will receive, included in the cost of the subscription, all Upgrades and/or Updates of the Software, via Internet download.

No extension of License term:

Your right and entitlement to use the Software, as enhanced by any Upgrades and/or Updates, concludes at the end of the term of the License (subject to payment of an annual subscription fee) and is not linked to the dates of release, registration or provision by Wise Owl Legal of any Upgrades and/or Updates.

This License prevails:

If you have purchased this Software as an Upgrade to an earlier version of the Software, this License shall supersede any previous License agreement.

Not all Upgrades included:

Your subscription to the Software and any Upgrades and/or Updates under this License does not grant you the right to receive special versions of the Software created for certain customers or market segments, even though they may contain similar features or functions. Versions of the Software which may from time to time be offered in retail or other channels in different configurations as special promotions are not included as part of the subscription.

No obligation on Wise Owl Legal to upgrade:

Upgrades and/or Updates will be developed and released by Wise Owl Legal in its sole discretion, and Wise Owl Legal does not warrant or represent that it will develop or release any Upgrades and/or Updates during the term of the subscription period or License. Furthermore, Wise Owl Legal does not warrant that the Upgrades and/or Updates will be provided to you or made available within any specified time period following the commercial release of such Upgrades and/or Updates.

Early termination:

If you wish to terminate your subscription early, you must do so by giving Wise Owl Legal no less than one calendar month notice to that effect.

Trial License:

If you have been provided with a Trial Version of the Software, the following terms will apply to your use of the Trial Version.

Your License to use the Trial Version:

permits you to evaluate the Software's functionality and suitability for your requirements;
Is for the number of users set out in the material accompanying your copy of the Trial Version;

You acknowledge that your License to use the Trial Version will only apply for the Evaluation Period. At the end of the Evaluation Period:

you must not and will not be able to continue to access the Trial Version, including any data that you have entered into the Trial Version; and
If you wish to use the Software you must purchase a full version or subscription version of the Software.

You:

Are not entitled to Upgrades or Updates (or any other software other than the Trial Version); and
may be required to pay for any technical support that you may require in relation to the Trial Version in accordance with Wise Owl Legal's then current charges.

Definitions:

Trial Version means Software that has been provided to you on a temporary basis in order to carry out a trial of that Software to determine whether you wish to use the Software on an ongoing basis.

Upgrade means a new version of the Software which contains additional functionality or other enhancements. Wise Owl Legal will determine whether a new version constitutes an Upgrade or an Update. Update means a new version of the Software which contains minor enhancements.

Applicable Laws:

License is governed by the laws of the State of Queensland, Australia and by agreeing to be bound by the terms of this Agreement you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.

Variation of this Agreement:

To the extent permitted by law, Wise Owl Legal may vary any of the terms and conditions of this License upon providing you with thirty (30) days’ notice in writing and a copy of the replacement terms and conditions. No new terms will come into force until the commencement of your renewed Subscription Period. Wise Owl Legal will display any new terms and conditions on the Website and you should check the website regularly.

Disclaiming Accuracy of Information

This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site. The site shall not be responsible or liable for any error or omissions in that information.

Intellectual Property Rights

This site has made every effort to acknowledge all owners of copyright. In the event that a third party or owner of copyright believes their intellectual rights have been infringed upon please contact: wiseowl@wiseowllegal.com.au