DIY Kits – Terms and Conditions

1. General

This Agreement sets out the terms upon which any DIY Kit is provided by Magnum IP Legal Services (ABN 71 569 375 610). It represents the entire understanding between the Parties, and – except for those terms implied by law and which cannot be excluded – no other terms apply.

2. Consent

You signify your consent to this Agreement by purchasing any DIY Kit from the Web Site. We do alter this Agreement from time to time, and you must review this document before each purchase. This document was last changed on 1 September 2009.

3. Purpose and nature of our DIY Kits

1. Not legal advice: Each DIY Kit is necessarily general in nature, and cannot cover every situation that might arise. While we do list situations in which each DIY Kit should not be used, this list is not definitive. No DIY Kit should be relied upon as a substitute for legal advice. You should seek specific, tailored legal advice if you are unsure about whether the DIY Kit applies to your circumstances, or if you do not understand any of the included information.
2. Jurisdictional limitations: Each DIY Kit is based on Australian (and specifically Victorian) laws, conditions and experiences, which are not necessarily applicable to other jurisdictions. We cannot guarantee that the DIY Kit will be applicable to your particular jurisdiction, and you should seek specific legal advice before acting or relying on information we provide.

4. Our legal relationship with you and others

1. No duty of care: We assume no duty of care in relation to any third party by providing the DIY Kit to you.
2. No solicitor/client relationship: The Purchase of any DIY Kit is not intended to, and does not, create a solicitor-client relationship between you and us. If we accept a retainer from you to act as your solicitor, we will provide further terms and conditions that will govern our relationship.

5. Liability

1. Exclusion: We exclude, to the maximum extent permitted by law, any liability (whether any indirect, incidental, special or consequential loss or damage or otherwise, including loss of business or other profits) which is related in any way to your use of the DIY Kit.
2. Limitation: Where liability cannot be excluded, any liability incurred by us in relation to the use of the DIY Kit is limited (at our discretion) to either the supply of an equivalent agreement, document or service by us or the payment of the reasonable cost having an equivalent agreement, document or service supplied to you.

6. Rights to use the DIY Kit

1. Licence: Upon receipt of fully cleared funds into our bank account, and subject to the limitations in this Clause 6, we agree to provide you with a non-exclusive, worldwide, royalty-free licence to copy, use, and modify the DIY Kit for your own personal or business use.
2. No right to transfer etc: The licence provided under Clause 6(a) does not include the right to transfer, sub-licence or re-distribute the DIY Kit (whether by way of sale or otherwise) to any third Party.
3. No right to publish etc: Except where published by a governmental agency pursuant to law, the publication or communication to the public of the whole, or any part, of the DIY Kit without our written consent is not permitted, and will be regarded as an infringement of copyright.
4. Use by competitors: The DIY Kit licensed under Clause 6(a) must not be used by any legal practitioner, trade mark attorney or other adviser or service
   provider to assist in the provision of services to their clients. Breach of this term entitles us to obtain common law and equitable damages (including an account of profits).

7. Satisfaction Guarantee

If -

1. you purchase any DIY Kit that is expressed to come with a “Satisfaction Guarantee” or a “Money Back Guarantee”;
2. you are not completely satisfied with the DIY Kit for any reason; and
3. we receive a written request for a refund from you during the period specified on this Web Site as being the guarantee period;

then we agree to provide you with a refund of the full purchase price of that DIY Kit, except where any of the following apply:

4. in the case of a DIY Kit to assist in the making of an application, you have submitted the application;
5. in the case of a DIY Kit to assist in the making of a statutory declaration, you have sworn the declaration; or
6. in the case of a DIY Kit to assist in the drafting of a deed, agreement or undertaking, you have executed that agreement or undertaking.

8. Governing law

This Agreement is governed by the laws in force in the State of Victoria, and you submit to the jursidiction of the courts in that State.

9. Definitions

In this document and the documents incorporated by reference, the following terms have the following meanings unless the context clearly requires otherwise:

“Agreement” means the terms and conditions of purchasing any DIY Kit as set out in this document and the documents incorporated by reference; and

“Web Site” means the web site located at the domain “magnumip.com.au” and on all sub-domains, folders and sub-folders on that domain.

10. Interpretation

In this document, unless the context clearly requires otherwise:

1. The terms “we”, “us” and “our” are references to Magnum IP Legal Services (ABN 71 569 375 610), our successors and assignees;
2. Words defined in the singular have the corresponding meaning in the plural;
3. Reference to a “person” includes a reference to a corporation, association or other entity; and
4. Reference to a “written request” means a request submitted to us by email, by post, by fax or using the “contact us” form on the Web Site.
5. Reference to the “Parties” means both you and us.