Terms and Conditions

Application

These terms and conditions are a legally binding agreement between you and BMR Corporate Solutions. These terms apply when you purchase a Product through our online facility and also apply to your use of our Products. The terms and conditions should be read in conjunction with our privacy statement and refund policy.

Definitions

  • "Australian Consumer Law" means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth).
  • "BMR" means BMR Corporate Solutions.
  • "Consequential Loss" includes loss of profits, loss of revenue, loss of data, legal costs and any other loss caused by events that were not reasonably foreseeable by, or that were outside of the control of BMR, including malfunction in equipment or software, internet access difficulties or delay or failure of email delivery.
  • "Online Facility" means our in-built website purchasing facility.
  • "Product" means a product that we have provided for purchase through the online facility.
  • "Intellectual Property" means all current and future registered and unregistered rights in respect of patents, copyright, designs, trademarks, trade secrets, know-how, and confidential information.

The singular includes the plural and the plural includes the singular.

Products

Our online facility provides the ability to purchase Products that have been prepared by legal firms for the stated specific purpose. These documents are pro-forma documents and have not been tailored specifically to your needs or requirements.

The online facility will prompt you to enter your details to be incorporated into the Product being purchased. Our Products are created with and specifically tailored to the information entered by you into the online facility. You are responsible for correctly entering all the required information. If incorrect information is entered it may result in you receiving and being liable to pay for unwanted Products.

Payment

Your order for our Products must be accompanied by full payment of the specified purchase price. A GST compliant tax invoice will be prepared for all purchases and emailed to the purchaser.

Delivery of Products

Once the purchase is confirmed from our online facility the products will be delivered via email or are available to be re-delivered to the user's specified email address. The product will not be delivered until we have received full payment.

Use of our Products

The Products and other documents purchased from our online facility are for your sole use and are to be used by you for the stated purpose only. You will not copy the Product in whole or part without our prior written consent. The Product is provided on the basis that it is used once and is not to be copied to create a similar Product or other document. The Product is not to be modified in any way after purchase.

You obtain no Intellectual Property Rights with respect to any Product. All of the Products are protected by copyright. No user is permitted to remove any copyright, trade mark or other notices of Intellectual Property Rights either included in or accompanying the Produt, or any attribution notices, logos or other branding incorporated into the Products.

No Advice Provided

BMR is not a legal firm and is unable to give any legal advice. By purchasing Products through our online facility we are not providing any legal advice to you. BMR also does not provide any financial, accounting or taxation advice. Before using our online facility you should obtain your own independent advice in relation to what Products are suitable for your personal situation.

You acknowledge and agree that:

  • The supply of Products does not constitute legal advice, and does not create a lawyer and client relationship.
  • You are not relying upon any representations with respect to the Products.
  • There is no obligation to provide any advice, assistance, support or information in relation to Products, or to supply any updates or revised versions of any Products (even if required as a result of any change in law).
  • Except for the consumer guarantees in the Australian Consumer Law that cannot be excluded, to the extent permitted by applicable law, any condition or warranty which could otherwise be implied in connection with any Product, or any information provided in relation to any Product, are excluded.

Indemnity

To the extent permitted by the Australian Consumer Law and any other applicable law:

  • Neither BMR, nor any legal firm involved in the preperation of the pro-forma documents, is responsible for any liability, loss or damage arising from or in connection with your use of the Products we offer.
  • You agree to jointly and severally indemnify BMR, and any legal firm involved in the preperation of pro-forma documents, in relation to liability resulting from your use of the Products, your failure to obtain independent legal, financial and taxation advice prior to purchase of any Product, or your breach of any of these terms and conditions.

BMR cannot be responsible for legislative changes that occur after the purchase of the Product that may affect the ongoing suitability of the Product for the originally intended purpose.

Our Liability

Except for losses attributable to breaches of the consumer guarantees in the Australian Consumer Law, there is no acceptance of any liability for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may incur or suffer in connection with any Product, or any information provided in relation to any Product. If you are deemed to be a consumer for the purposes of the Australian Consumer Law, and BMR supplies the relevant Product to you other than for personal, domestic or household use or consumption, liability for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may incur or suffer in connection with the Product, or any information provided in relation to the Product, is limited to (at BMR’s election) one or more of the following:

  • supply of an equivalent Product or service; or
  • the payment of the cost of replacing the Product or services or of acquiring equivalent Product or services.

General

The agreement covered by these terms is governed by the laws in force in the Australian Capital Territory. You agree to submit to the laws of the Australian Capital Territory for all disputes and proceedings relating to these terms. If there is any conflict between anything in these terms and conditions and anything in the rest of the BMR website, these terms and conditions will prevail.

Updates to our Terms

These terms and conditions were last modified in July 2014.

Further Information

Please contact admin@bmrcorp.com.au