PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
The following terms of service (“Terms of Service”), govern :
- your access to and use of the AFLAS Site and mobile application, including any content, functionality and services or Legal Documents offered on or through www.AFLAS.com.au or the AFLAS mobile application (“Site”) ;
- or any discussions, conversations of any kind in any form – whether in writing or verbal, or any other form of interaction by you with any employee or contractor of AFLAS or of any subsidiary of AFLAS (“Engagement”);
In each case provided by Australian Family Law Advisory Services Pty Ltd ABN 24 661 745 606 and its subsidiaries.
Australian Family Law Advisory Services Pty Ltd and its subsidiaries are collectively referred hereto as “AFLAS”, “we” or “us” and “you” or “user” means you as a user of the Site.
Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service and acknowledge and agree to the Legal Disclaimer, found here which are each incorporated herein by reference.
This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission.
If you are under 13 you are not permitted to use the Site or the AFLAS services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
As a user this Site is intended to give you general information, not legal advice. The law is different from jurisdiction to jurisdiction, and even similar laws may be interpreted differently in different courts or in different places.
The law is a complicated and personal matter, and no general information like the kind we provide can fit every circumstance, so you should consult a lawyer in your area to get specific advice for your problem. In short, nothing on this Site should be considered legal advice. AFLAS is not a law practice.
AFLAS is not responsible for any loss, injury, claim, liability, or damage related to your use of the Site, whether from errors or omissions in the content of this Site or any other linked sites, from the Site being down or from any other use of the Site. In short, your use of this Site is at your own risk.
The legal documents on this Site (in whatever form they appear including but not limited to any documents found in the Download sections of the Site) (“Legal Documents”) and the related document input questions, hints and logic flow (“Questions”) are authored and controlled by law firms and not AFLAS.
Further, all Legal Documents descriptions are provided by the specific law practices that put up the Legal Documents or materials. These law practices are not part of AFLAS. They are not employees of AFLAS. AFLAS is not the author of any legal materials, Legal Documents on its Site. AFLAS has no editorial control over the content of these Legal Documents. They are under the full editorial control of each particular law practice. AFLAS itself is not a law firm.
Whilst the law firm that has put up the Questions in relation to Legal Documents has endeavoured to make them easy to follow, no warranties are made as to the correct completion of the questions by you, the user. If your Legal Documents is based on incorrect answers, then you may not get the Legal Documents that you wanted or the outcome that you desired.
Please read our Legal Disclaimer found here carefully.
The information found on this Site, and any Engagement does not constitute legal or any other professional advice including but not limited to any financial, tax or health or personal related advice . It is not intended to be used in the course of any adviser-client discussion.
Instead, any Engagement is intended to, and shall only be accepted by you, as to provide only general information and general administrative assistance with respect to common legal, professional and personal issues and general administrative assistance in coordinating the provision of relevant Designated Services by third party Service Providers – See below .
The materials in this Site are provided “as is” and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, AFLAS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. AFLAS does not warrant that the functions contained in the materials will be uninterrupted or error-free, or that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. AFLAS does not warrant or make any representations regarding the use or the results of the use of the materials in this Site in terms of their correctness, accuracy, reliability, or otherwise.
AFLAS is a specialist marketplace, that provides connection to a range of industry sector focused service providers who can provide certain specialist services to assist you in managing different aspects of your family and relationship matters that you require assistance with (“Service Providers”).
Service Providers are required to give AFLAS certain information which supports their areas of expertise, current licensing and compliance with regulatory approval and other necessary information. ALFAS undertakes a series of checks to satisfy itself as to the capacity, eligibility and quality of each Service Provider who seeks to join our platform.
In assisting you manage the complex issues of dealing with family and relationship matters, we rely on both verbal and written personal, financial and other information you provide to us during your Engagement (“Information”).
It is core to the successful operation of ALFAS that any Information you give us is correct, accurate, not misleading, incomplete, or false in any way. We gather parts of the Information from you during our Engagement with you during a dedicated 45 – 60 minute (“Triage”) call or ZOOM meeting which is prearranged with you. Further Information may be provided verbally or in written format post Triage.
Post Triage and based on the Information we have at that time; we will provide you with a “Journey Map” that outlines a course of action for you to pursue. This will assist you through the journey you are dealing with, as we understand it from the Information provided by you and in our possession, at that time. This document is indicative only, is a general guide to be used as a prompt or for administrative purposes only, is not to be used or assumed to be any form of professional advice, legal advice or financial or tax advice and is for general information only and is subject to change.
We use the Information to determine appropriate Service Providers to reach out to and secure their level of interest in providing the necessary Designated Service.
A “Designated Service” means a specified category or classification of service for which a Service Provider represents to AFLAS that they have the necessary skills, experience, authorities, approvals, and ability to provide to you as a consumer in order to assist you in dealing with the issues you have raised with us during Triage and contained in the Information.
We match your needs, based on the Information provided by you, to a Service Provider . The match is based on a range of variables under the AFLAS Matching Service (“AMS”).
The AMS seeks to match you with a relevant Service Provider on the basis of a range of facts and Information including but not limited to your stated budgets, the advised fees charged by the Service Provider for the Designated Services, your personality type, your preferred form of interaction and the Service Provider’s Service Rating.
A “Service Rating” is a rating assigned to a Service Provider by AFLAS based on feedback and reviews by consumers for whom they have performed a Service, their Service Standards and their overall engagement with AFLAS.
We monitor “Service Standards” through assessing a range of criteria set by AFLAS from time to time which are used by AFLAS to assess the efficiency, timeliness, and quality of the Service Provider’s engagement with AFLAS, any consumer referrals we send to them and how they actually perform the Services for our consumers.
You have the ability and right to contract with or not as the case may be, and on any terms you agree, with any selected Service Provider to provide a Designated Service that we match you with via the AMS, once you have spoken with or otherwise engaged with those Service Providers and you have secured all of the necessary information your require or request from those Service Providers. You will contract directly with the Service Provider via entering into a verbal or written contract with them (Service Contract).
You undertake to us that you will provide AFLAS with a copy of any Service Contract you enter into with a Service Provider.
IMPORTANT: You acknowledge and agree that AFLAS does not supervise, direct, control, or monitor any Service Provider in the performance of any obligations they may have under a Service Contract and agree that:
- AFLAS is not responsible for ensuring the accuracy, quality, appropriateness or legality of any information or advice provided by a Service Provider, for which they are solely responsible;
- AFLAS is not responsible for the actual offering or performance of Designated Services by a Service Provider,
- AFLAS does not make any representations about or guarantee any particular Service Providers Designated Services;
- you and not AFLAs is responsible for paying any and all fees due to a Service Provider in the provision of any Designated Services; and
- nothing will create an employment, agency, or joint venture relationship between AFLAS and any Service Provider.
You further acknowledge and agree that you and not AFLAS, are solely responsible for
- evaluating and determining the suitability of any Service Provider;
- assessing whether to enter into a Service Contract with any Service Provider and for verifying any information about any Service Provider;
- deciding whether to enter into a Service Contract as well as the contract terms, and
- negotiating, agreeing to, and monitoring the performance of any terms or conditions of the Service Contracts. All Service Contracts between you and any Service Providers are directly between the you and that Service Provider and AFLAS is not a party to those contracts.
AFLAS may change fees to you for access to any Legal Documents on the terms set out on the Site from time to time.
AFLAS is entitled to charge you, and you agree to pay a Triage Fee, for the Triage and Journey Map which we provide. This fee is required to be paid in full prior to the Triage taking place. The Triage Fee is non-refundable once the Triage is booked in. The Triage fee, unless otherwise agreed with AFLAS, is $135 + GST + Online Processing Fee.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall AFLAS be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, or in relation to any Designated Services provided by a Service Provider, even if AFLAS has been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall AFLAS’ total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, for accessing this Site and always exclusive of any fees paid or payable to any Service Provider.
This Site is controlled and operated by AFLAS from its offices within the State of Victoria, Australia. AFLAS makes no representation that materials on the Site are appropriate or available for use in other locations unless specifically stated. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms and conditions are effective until terminated by either party.
You may terminate these terms and conditions at any time by destroying all materials obtained from any and all Sites and all related Legal Documentation and all copies and installations thereof, whether made under the terms of these terms and conditions or otherwise.
Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of these terms and conditions or otherwise.
Copyright – Restrictions on use of Materials
This site is operated by AFLAS and its affiliates, (collectively referred to as “AFLAS,” “we,” “us,” or “our” herein).
No material from AFLAS, this Site or any Site owned, operated, licensed, or controlled by AFLAS may be copied, reproduced, republished, uploaded, reposted, transmitted, or distributed in any way.
You may, however, download one copy of the Legal Documents on any single computer for your personal use only.
All copyright and other proprietary notices must be kept intact. Modification of the materials or Legal Documents or use of the materials or Legal Documents for any other purpose is a violation of AFLAS copyright and other proprietary rights. The use of such material on any other Site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to AFLAS.
If you download software from the Site, all software, including any files, images incorporated into or generated by the software, and data accompanying the software (collectively, the “Software“) are licensed to you by AFLAS. AFLAS does not transfer title to the Software to you. AFLAS retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Victoria, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state or federal courts located in Victoria and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining terms and conditions.
Date 15 May 2023