This website (Site) is operated by Emma Heuston trading as The Remote Expert (we, our or us). It is available at: www.theremoteexpert.com and may be available through other addresses or channels.
We are committed to protecting your privacy. We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date, and we are not liable if any Content is inaccurate or out-of-date.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Site
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
THIRD PARTY SITES
Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
WARRANTIES AND DISCLAIMERS
To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free or free from viruses; or
(c) our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and it continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Your use of our Site and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
DOWNLOAD OF TEMPLATES FROM THE PLATFORM AND PURCHASE OF BRONZE, SILVER AND GOLD PACKAGES AND OTHER PRODUCTS FROM SERVICE PROVIDERS
The online platform (Platform) used to sell products on our Site is operated by The Remote Expert or its successors and assignees (we, our or us). It is available at www.theremoteexpert.com and may be available through other addresses or channels.
The word Platform refers to our marketplace of products and services offered on our Site regardless of how you access it. The Platform connects a Seller or Service Provider (Service Providers) with Customers (Customers) by facilitating introductions between Service Providers and Customers.
By accessing and/or using our Platform to purchase goods and services, you; each person, entity or organisation using our Platform (referred to as you) (i) warrant to us that you have reviewed these terms and conditions, (Terms), with your parent or legal guardian (if you are under 18 years of age); (ii) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and (iii) agree to use the Platform in accordance with these Terms.
If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
These Terms supplement and incorporate our policies and terms and conditions posted on the Platform.
(a) Bronze Package purchases - with respect to the Bronze Package you are buying a template and not obtaining legal services in any capacity.
(b) Silver Package purchases – with respect to the Silver Package you are buying a template and not obtaining legal services with respect to the content of the template and we make no warranty as to the fitness of purpose for the template with respect to your needs. If you require legal services, please obtain a quote for a customised document. With respect to the document checking services:
I. For Australian customers you will be provided legal services by way of the document checking service via The Remote Expert ABN 84 560 133 795 noting that any such document checking services are limited by the New South Wales Professional Standards Scheme.
II. For Canadian customers you will be taken off the Platform to finalise the document checking services in accordance with paragraphs (c) below.
(c) Gold Package Purchases and Canadian Silver Document Checking Services - With respect to the Gold Package and the Canadian document checking services, the Platform provides an introductory service for Service Providers and Customers. Once the introduction to the Service Provider has been made, that Service Provider will enter into a contract with you.
(d) A Customer with a requirement for a service to be provided for a Gold Package makes a request for quote or booking (Booking Request) which is sent to the Service Provider through the Platform.
(e) If a Service Provider desires to provide services to a Customer, the Service Provider may provide a quote and, if the Customer accepts the quote accept the Booking Request (which becomes a Booking). By accepting a Booking Request, the Service Provider confirms that s/he is legally entitled to and capable of supplying the services described in the Listing.
(f) A Service Provider with an ability supply products posts an accurate and complete description of the products to be supplied (including the fee or price to be paid by the Customer, applicable delivery fees and GST payable) (Listing). By creating a Listing for products, the Service Provider confirms that s/he is legally entitled and capable of supplying the products described in the Listing.
(g) A Customer wishing to purchase products reviews the Listings uploaded by Service Providers and places an order with the relevant Service Provider through the Platform (Order).
(h) The Service Provider and Customer can communicate with one another with respect to product offerings in relation to the Australian products and Canadian products.
(i) Once a Service Provider has provided the products or services requested by a Customer, the Service Provider and the Customer must provide notice that the Booking is complete.
(j) If a Customer wants to raise a dispute regarding a Booking, the Customer must contact us within [48 hours] of the scheduled start time of the Booking.
(k) You understand and agree that:
I. Subject to clause (k)(ii), with respect to the Bronze and Silver Packages that the Platform to provide legal information and downloadable templates only facilitating the user functionality and availability of the Platform. We are not an employment agency or labour hire business and Service Providers are not our employees, contractors, partners or agents.
II. With respect to the Gold Packages and the legal checking service in the Silver Package, the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform. We are not an employment agency or labour hire business and Service Providers are not our employees, contractors, partners or agents.
(l) We are not a party to any agreement entered into between a Service Provider and a Customer for Gold Packages and take no liability of the Silver document checking service. We have no control over the conduct of Service Providers, Customers or any other users of the Platform.
(m) We accept no liability for any aspect of the Customer and Service Provider interaction, including but not limited to the description of products and services offered, the performance of services and the delivery of goods. We do not assist or involve ourselves in any way in any dispute between a Customer and a Service Provider.
(b) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Registration and Profiles
(a) You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform.
(b) You must provide basic information when registering for an Account including name, email address, and location. Any username you choose to use the platform must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
(c) If you are a Service Provider, we will review your request for an Account or to be featured on the Platform before approving the request. We may request additional information, including details of your drivers’ licence, evidence of any public liability insurance and details of your technical expertise such as your legal practising certificate. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information that indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
(d) Once you have registered an Account, your account information will be used to create a profile that you may then curate (Profile). Your Profile is personal and you must not transfer it to others, except with our written permission.
(e) You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
(f) You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.
(g) You will immediately notify us of any unauthorised use of your Account.
(h) At our sole discretion, we may refuse to allow any person to register or create an Account.
Fees and Payments
(a) Any payments will be made through our third party payment processor, currently Stripe, or by any other payment method set out on the Platform.
(b) Our fees for the Bronze, Gold or Silver Packages are non refundable.
(c) For Bronze and Silver Packages, a Customer must pay the relevant fees set out in the Listing (Listing Fees) at the time s/he makes a Booking Request.
(d) For Gold Packages, the Service Provider will correspond directly with the Customer providing a costs disclosure and invoice for payment directly outside of the Platform.
(g) We set out a number of payment methods on the Platform. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor; please review these terms and conditions before using your selected payment method.
(h) The payment method you select may affect how quickly you receive any payment from us (if this is applicable).
Refund and Cancellation Policy
Any cancellation, exchange or refund of Fees for Products on the Platform is strictly a matter between the Service Provider and the Customer. The terms and conditions agreed to between the Service Provider and the Customer should be set out clearly in respect of the Product.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using our Platform to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using our Platform;
(d) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
(e) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
(f) using our Platform to find a Customer or Service Provider and then completing a Booking or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;
(g) as a Service Provider, offering any services that you do not intend to honour or cannot provide;
(h) as a Customer, making any offers to Service Providers that you do not intend to offer;
(i) using our Platform to send unsolicited email messages; or
(j) facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors
You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:
(1) altering or modifying any of the Content;
(2) causing any of the Content to be framed or embedded in another website; or
(3) creating derivative works from the Content.
(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
(b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
(c) The goods and services provided by a Service Provider might also confer you certain Statutory Rights.
Warranties, disclaimers and indemnity
To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Service Providers, Customers, products, services or Listings including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(a) access will be uninterrupted, error-free and free from viruses;
(b) our Platform will be secure;
(c) our products or services will be requested by Customers or that Customers will find desirable products or services; and
(d) our products or services are of a particular standard of workmanship or meet the Listing description.
You read, use, and act on our Platform and the Content at your own risk.
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:
(a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability; and
(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated 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.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
(1) loss of, or damage to, any property, or any injury or loss to any person;
(2) failure or delay in providing the Platform or our services; or
(3) breach of these Terms or any law,
where caused or contributed to by any:
(4) event or circumstance beyond our reasonable control;
(5) a fault , defect, error or omission in your computing environment; or
(6) act or omission of you or your related parties,
(7) and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
(d) You acknowledge and agree that (i) you use the Platform or our services at your own risk, (ii) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
(e) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
(f) Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
(g) This clause will survive the termination or expiry of these Terms.
(a) Disputes: We encourage Service Providers and Customers to attempt to resolve disputes (including claims for returns or refunds) with other users directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
We recommend that Service Providers obtain appropriate insurance for supplying their goods or services. If you are a Service Provider and you obtain an insurance policy, please review any relevant insurance documentation carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.
Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform. By continuing to use the Platform after such modification or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.
Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Platform and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
QUESTIONS & NOTICES
For any questions and notices, please contact us at:
The Remote Expert [ABN: 84 560 133 794]