Online
legal is operated and owned by
Australian Nursing and Education Trust (hereinafter called ANET)
trading as agency assist and is operated under licence by Cost
effective Lawyers.
ANET is committed to protecting
your
privacy and your personal information. The aforesaid privacy policy
is adopted unless expressly excluded or contradicted hereinafter.
Information, personal or otherwise
refers inter alia to the name address and email and contact details
that can identify an individual or company.
ANET is a licensor, for any concerns
or additional information contact us on medihome@aapt.net.au.
You may browse the internet sites
that
ANET operates or licences without collecting any personal information
or providing any personal information. If you agree to providing us
with personal information then you are agreeing for that to be stored
in Australia or on “cloud “ servers operated under their policies
of privacy and storage and in respect of the countries in which that
data id stored under their laws.
ANET will explicitly ask when
it needs
information of a personal nature. This may include credit card
information and pay pal information and email addresses. Licensee
operators and experts and qualified individuals may ask for
additional information. Other data including signatures and user
profiles may be provided on request.
Information provided by you in
the
context of the questions and answers are not private or confidential
but have the same solicitor / client privilege that extends both at
law and by statute. This is an internet based forum and as such, like
a radio or television or conference or Skype call and their
information submitted may be read collected, interpreted or viewed by
others and ANET or its licensees are not responsible for it Protect
you anonymity by not giving your real name or full name in the live
chat forum. Your IP address browser type internet service provider
or server referring/ exit pages data collection programs or coding,
statistics and analytics may be collected by third parties and ANET
or its licensees are not responsible for this. This may include
cookies and this is best explained at Wikipaedia which we adopt.
Online Solicitor is intended for
those
over the aged of 18 years or majority and information may be
exchanged between third parties. We will not disclose your personal
information unless acting under a court order or law requiring
disclosure of such information or when ANET and its licensees in its
sole opinion considers it necessary for the protection of property or
life. Should the company be sold then you expressly authorise that
your personal information may be taken over by the purchaser but
under the same terms and conditions as set out herein
. You may periodically receive
updates
or promotions or further requests, special offers or services which
you agree to accept but can elect to opt out of by informing us in
writing via email. We will make commercial efforts to remove you from
the database and remedy such matters as you set out in your email as
prudently as possible. Secure encryption security is used and will be
used in the future included certificates and software to authenticate
credit card and other payments This protects the parties from
unauthorised access other than those intended. Our servers are
hosted by leading Australian internet provider and Google Inc. The
environment is extremely secure. All information is backed up and
stored in our offices or that of the provider directly and are locked
and have security systems in place. In the case of all computer
networks connected to the internet and we therefore cannot guarantee
the security of your personal information and will not be responsible
for the breaches of security.
If you do not agree to the terms
of
this policy do not use this site or any of the licensees sites. These
policy may be amended from time to time and it is up to you to
regularly check those updates. Policies are updated without notice.
TERMS AND CONDITIONS
OF SERVICE OF
ONLINE SOLICITORS ADVICE.
The above is owned and operated
and
operated by licence to its provider experts or qualified
practitioners. By ticking I agree to the terms and conditions on the
original application form you are agreeing to comply with and be
bound by those terms and conditions as set out in this site to which
your registration relates. You must not use this site or the other
sites in which registration occurs if you do not agree to be so
bound.
Any reference to you, the client,
the
customer or the user howsoever described or such legal entity refers
to the person who asks the question and completes the registration
process. The expert is the person who answers the question or
provides the advice or assistance as required. When you visit our
sites howsoever described via electronically, through the internet or
the use of email or other mode of communication you consent to
receive communication from us being ANET Australian education and
nursing trust trading as agency assist You agree to provide us with
update information on your profile should we need to contact you. We
reserve the right to modify or change these terms and conditions
without notice. You accept that whatever the form of communication
between us, that this satisfies the requirement that it be I
writing.. Your continued use of the site or service is an
acknowledgement that you agree to the changes.
Online legal is a informational,
educational and knowledge exchange service. ANET is not involved in
the hosting, conversation, personal identification and information of
the client with the expert in any way other than as a conduit to the
licence by hosting credit facilities and as a marketing body. It in
no way endorses changes checks modifies the content or answers of the
expert and cannot guarantee that the client or the expert will
complete a transaction Nor do we endorse or accept the accuracy or
suitability of the advice or answers or whether the expert has
exercised due care and skill other than endorsing that the
credentials and appropriate licences and registrations have been
checked and are current since the last check.
The clients, customers and experts
must
read and adopt all those matters raised in the privacy statement and
proceeding to use this site signifies that same has been agreed to.
We reserve the right to refuse, remove any content at our sole
discretion. Any emergency situation should be dealt with by the
appropriately qualified emergency response unit or by calling 000.
There is no professional / client
relationship between ANET and the customer formed on this or other
licensed sites. Communications on the site are not confidential as a
face to face meeting can be. Before you interact with the expert you
will be required to agree to the disclaimer herein concerning these
fundamental terms and conditions. You agree that the information
provided by you is not misleading deceptive fraudulent or false in
any material aspect and does not contravene any of the relevant laws
within the jurisdictions and you must not endorse or encourage and
must otherwise warn or advise if the transaction is likely to
contravene any laws, rights, privacy copyright, statute, legislation
otherwise howsoever described, threatening harassing harmful to
adults and children or infringes any laws. You are prohibited from
canvassing any experts on this site for any other purpose than the
answering of prescribed questions. ANET has the right to cancel
suspend modify or terminate any or all of the service and advice at
any time without notice or explanation. If you wish to cancel you
must provide written notice to do so and any accrued fees are payable
and deemed expended. This service operates on good faith and if you
pose a question and it is answered and you simply refused to accept
the advice because you do not wish to pay then you must enter into
mediation using the service of Cost effective Lawyers or one of your
choosing and mediate an outcome. If the matter is still unresolved we
will provide you with a refund at our discretion provided you provide
us with a written explanation as to why you cannot accept the advice.
You will give us an opportunity to remedy such concerns before a
refund is made.
With the quote for the answer
to your
problem provided you will be asked after the deposit in good faith is
paid, whether you accept that advice. You must not unreasonable
refuse such a request. You will be given an opportunity to ask
further questions with your expert and you agree that the expert can
cannot you via any method provided in the personal information you
have provided to us. We may hold your funds for 90 days whilst we
investigate any matter of a commercial nature involving your
transaction. Customers are responsible for their own acts and
omissions on the sites and for the accuracy of the information
provided. ANET reserves the propriety right in the content provided
howsoever described. You may not modify upload copy transmit
republish post or copy or remove code from this website. No waiver
unless expressly obtained by consent and accordingly released. We do
not content the material emanating from any licensed site and caution
needs to be exercised at all times concerning the content and whether
it is fraudulent offensive or illegal or otherwise. All these terms
and conditions shall apply save that they are inconsistent with any
law at any site location in which event it shall prevail. No
warranties are created and use of the site is at the customers sole
risk. Liabilities are limited and any recoverable sum shall not
exceed that of the money received form you. This limitation of
damages is a FUNDEMENTAL term of the contract between the customer
and ANET. IF you do not agree do not use this site. You agree to
indemnify ANET and its licensees from any damage arising out of your
conduct in using this site. The legal jurisdiction is agreed between
the parties as the State of Queensland in Australia. For the purposes
of court proceedings and mediation. Mediation between the parties
must occur prior to commencement of proceeding. Mediation is
described on the respective sites. You agree ANET may assign any
terms to any other entity of its choosing without notice.
CONVEYANCING MATTERS AND QUOTES
The aforesaid terms and conditions are adopted to apply herein
In all conveyancing matters, quotations for search fees and outlays are for estimates
only and errors and omissions are excepted. All professional fees and outlays are payable up front. Should you not agree to
fund the conveyance in a timely manner then you expressly agree that we may cease acting for you and render our account
for work done on your behalf to date. You expressly acknowledge that stamp duty is payable before settlement and should you
not be able to pay that settlement you will not hold your Solicitor liable for any consequences flowing from your default.
We advise that we do not have to accept your instructions and provide you with a reason for our decision.. You agree that
you will co-operate with your Solicitor working on your behalf and this includes providing contact details, making yourself
contactable at all times and return material to your solicitor in a timely manner.We advise that we use an external search
provider and your searches may be subject to GST.
Delivery: Our services indicated
on this site are subject to standard delivery time frames.Where your account is not paid prior to
settlement in accordance with the terms of the conveyancing quote you irrevocably
authorise us to deduct the funds from the settlement proceeds. We need to have Solicitors easily accessible to attend a settlement
when a circumstance dictates. To achieve this instead of having a town agent / clerk attend an out of Brisbane settlement,
you agree as part of the conduct of the conveyance that we can elect to negotiate with the other party to effect settlement
wherever a Solicitor can easily attend a settlement. This is at no additional cost to you and you irrevocably authorize us
to do this .
Where we need to contact
you and you cannot be contacted then in certain circumstances where we need to protect your interests, you irrevocably
authorize us to make a decision in your best interests until such time as you are contactable and we can seek your instructions.
Our retainer does not extend to matters which are
beyond the attendances which are usual and necessary in the conveyancing
process. A reference to pre-contract advice on the website extends only to the
REIQ contract and specifically excludes "off the plan", installment contracts or matters drafted outside of the preprinted
REIQ contract or special purpose contracts. An additional fee at an hourly rate is payable for precontract advice in relation
to the aforesaid. Ask us for the rate. A list of the matters we do not
consider to be usual and necessary as part of the conveyancing process are included
in the Booklet. Files are destroyed after 7 years with the exception of
documents held in safe custody and certain types of files.In relation to outlays for searches, you are required to pay the sum asked for immediately
so we can
undertake the necessary searches in order for adjustments to be made at
settlement otherwise you will have to bear any losses for non-adjustments. We do not finance your searches and they will not
be conducted unless paid upfront.
From time to time
services may not be available, or availability means that items can not be provided within the normal time frame. If this
occurs we will endeavour to contact you to arrange alternative arrangements, or if the service is not available a credit or
refund may be provided.
Refunds: Any request for a refund
should be made by either phoning directly, or emailing us. Your request should be made immediately. Unfortunately we can not
refund any deposit if the service is to be carried out on the same day as the request to refund has been made.
In any case a small administrative fee
may be deducted from your deposit if refunded.
Limit of Service: If CEL determines
that it can not complete your service within the time frame requested or agreed to, or if the work is outside our resources
and we can not organise an alternative, we may cancel the job by refunding any deposit made and contacting you that this has
occurred. Photos on our website are for advertising purposes only and are not representations of fact.
We reserve the right to impose additional
professional fees (over and above the quoted fee) for any sale or purchase where the sale or purchase price exceeds $800,000.00.
or is off the plan or is a mortgagee sale or on contract review, exceeds the requirements of a normal sale. Where excessive
photocopying, phone calls or other incidentals are incurred beyond a normal conveyance we reserve the right to charge for
these outlays at cost. We will notify you of these extra costs for your decision on whether to proceed or not. Where our trust
account is used as a stakeholder for a vendor then you agree to an additional fee of $40.00 to cover our additional fees.
where a quote is given for a 30 day contract and in fact the contract is received under that 30 day period or is in fact a
shoerter period than 30 days then an urgency fee is payable due the limited time frames. Currently that fee is $99.00
If there are additional attendances
beyond the standard conveyancing service, which include but are not limited to extensions of time of finance, building and
pest, settlement and any special conditions; negotiations on purchase price or variations to the Contract; preparation of
ancillary contracts or deeds and providing advice as to your rights and obligations in connection with the contract; any attendance
associated with any refinance, there may be additional costs changed to you. Mortgage documentation is not part of a standard
conveyance and incurs an additional fee
Outlays including search fees and
disbursements are passed on at cost to you without mark-up. It does not apply to any due diligence
work (searches) undertaken before or after the signing of the contract.Where searches beyond the basic searches are required
a $25.00 fee is payable for accessing an external provider service in addition to the cost of the search. Where funds for
settlement are required beyond the borrowed funds and those funds cannot be placed in the advancing mortgagees account for
us to access with authority, then they are required to be transferred to our Brisbane based Trust Account at least 2
clear days before settlement. if this is not done and settlement occurs outside of Brisbane then courier fees are payable
by the client to get the cheque(s) to our agent in time for settlement.
Where your quote refers to "no charge" should the contract collapse, that is deemed to refer
to the collapse related to the building inspection or finance clauses not being satisfied. It does not apply to any other
circumstance including but not limited to the Vendor or purchasers failure to complete, for whatever reason where the work
has been performed by the Firm due payment is expected and or including on a quantum merit basis.
Our quote attachs a schedule of standard
and optional searches under the Queensland Conveyancing Protocol
together with their estimated cost, for you to indicate which
searches are to be undertaken. Please note that the search costs shown are
estimates only and subject to change and GST as applicable. If any additional
searches or lodgements are required by your financier, these are passed on at
cost. Additional fee of $50.00 is payable for drawing up any of the Banks documents and for lodging at the titles office.
Anything related to the Mortgage is not considered part of the standard conveyance and additional fees are payable if you
require us to advise etc. If you are not borrowing money then you will need to pay title
registration fees and a agent lodgement fee. You specifically agree in accepting this quote that we may interim bill your
account at our discretion for the work done to date on your file.
Our 'fair use' policy means that our professional services do
not include considering or advising on family law or spousal implications. A professional family lawyer should be appointed
for this advice.
Our 'fair use' policy means that our professional services do
not wholesale negotiations of changes to the contract (other than trivial corrections or minor alterations). Example of trivial
corrections - are typographical errors on the contract, or missing middle names. Examples of minor alterations are a single
change to a due date (eg building or finance) by no more than two weeks. When there are multiple changes, then additional
legal fees will have to apply as part of the "fair use" policy of our firm.
Our
'fair use' policy means that our professional services do not include entering into negotiations with or starting litigation
against a party to the contract who has defaulted or otherwise breached the contract.
Our
'fair use' policy means that our professional services do not include considering or taking into account possible future development
or improvement of the property. For this - a separate professional (eg town planner) should be employed.
Our 'fair use' policy means that our professional services do not include advising or reminding clients
of the terms that they have agreed to (eg that a Buyer has to actually apply for finance, if they are getting finance, and
appoint a Building inspector - if they want a building inspection).
Our 'fair
use' policy means that our professional services do not include attending at the property itself, or knowing about the physical
condition or location of the property (these things are unknowable). Relevant professionals should be appointed - such as
surveyors (for location and boundaries), building and pest inspectors, builders, and town planners (for lawful use and lawful
future development).
