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Cleardocs Terms and Conditions
Introduction
The Cleardocs Service ("the Service") is provided to you by Thomson Reuters. If you use the Service in any
way, you will do so on the basis of the disclaimers on the relevant pages that you use to access the Service
and the then current version of these Terms and Conditions ("Terms"). By using the Service in any way, you
accept these Terms, so please read them carefully. If you accept them, you may use the Service, including to
order a document or an ancillary service. If you reject them, you must not use the Service. When you place
your order for any document or ancillary service; you agree that you accept the version of these Terms that
apply at the time of order.
Licence and fees
Thomson Reuters agrees to provide you with a licence to order documents or related services from the
Service on the condition that you accept these Terms and pay our fees in the way required. The licence is
not exclusive and is not transferable. The licence begins on the day you use the Service and ends in
accordance with these Terms (see below).
Thomson Reuters acknowledgements
Thomson Reuters agrees that:
it has taken all reasonable steps to engage an appropriately qualified professional adviser both to
prepare the master documents, to ensure that they are accurate and appropriate for the type of
document or related services that you order, and to provide all information, commentary, advice and
other documents (including sample letters), subject to these Terms;
all your personal and billing information that is identifiable to you will be kept confidential and
will be protected by security identification particulars. We will not disclose that information (in
a way that makes the information identifiable to you) to anyone else without your consent unless
required to do so by law; and
the documents you order through the Service will, if relevant, be delivered electronically to you on
the earlier of when you download them or when you click to have us send them to you by email to the
email address you have nominated. If you order our printing, binding, and courier delivery service,
then the package should be delivered as set out on this page
https://www.cleardocs.com/resources-printing-binding-courier-delivery.html.
Consumer Law
These Terms do not, and do not purport to, restrict or modify or have the effect of excluding, restricting
or modifying any laws, rights or remedies imposed and required to be binding by statute or law, including
the Competition and Consumer Act 2010 (Cth).
Privacy
Your Privacy
You acknowledge that Personal Information collected, used and disclosed may be used for a variety of
purposes including:
to supply the Service;
to monitor use of the Service for the purposes of further development and to ensure the
Service meets your needs and interests;
to administer your account (where applicable) and to enforce these Terms;
for marketing purposes which may include disclosure of your information to other members of
the global Thomson Reuters group of companies; and
other purposes as described in our Privacy Statement.
A copy of our Privacy Statement can be viewed at Thomson Reuters
Privacy Statement. It tells you more about the types of organisations to which we usually
disclose Personal Information. We will comply with our Privacy Statement and the Privacy Act in
relation to your Personal Information.
You agree to advise us in writing if you do not want us to use Personal Information disclosed by you
to us for marketing purposes.
You expressly acknowledge and consent to:
us transferring and disclosing Personal Information provided by you to us to our third party
service providers located outside of Australia (including, but not limited to India and the
United States) to the extent required in providing access to, maintaining and supporting the
Service as part of our information technology arrangements; and
such third-party service providers storing and processing such Personal Information provided
by you on servers outside of Australia (including, but not limited to servers located in the
United States).
If you fail to provide any Personal Information requested by us, we may be unable to supply the
products that you order or request.
If you apply to us for credit terms we may give certain information about you including identity
particulars to a credit reporting agency and we will tell you separately about other uses and
disclosures of your Personal Information relevant to your application for, or our provision of,
credit.
You agree that if you use the Service to upload Personal Information or Sensitive Information about
another individual, you will ensure that that individual is aware:
that you have uploaded such information to the Service and the reason;
has provided their explicit written consent to such disclosure; and
of the details in this clause 5 that apply to information disclosed.
You are responsible for ensuring that if a third party is required to disclose Personal Information
to us for the purposes of these Terms on your behalf or at your request, such disclosure by the
third party complies with the Privacy Act.
If we are required to retain any Personal Information by law:
you warrant that you have taken all steps to ensure that we are permitted to do so; and
on reasonable notice, and the payment of a reasonable charge, we will make such information
available for inspection by you and your auditors.
You acknowledge and understand that, while the Service is used on a transactional basis and can
involve intermittent use, we will not retain the Personal Information or Sensitive Information you
upload to the Service indefinitely. If you are not actively using your account on a regular basis,
you should ask us to delete any such information that you have uploaded to the Service.
You acknowledge and understand that:
the Service is not a document repository and it is your responsibility to save copies of all
documents and other information generated or entered via the Service in your own document
repository; and
we may periodically delete Personal Information or Sensitive Information you have uploaded
to the Service and/or your account if there is no activity on the account after providing
written notice to you that we intend to delete the relevant information and/or account.
If we are required to retain any Personal Information by law:
you warrant that you have taken all steps to ensure that we are permitted to do so; and
on reasonable notice, and the payment of a reasonable charge, we will make such information
available for inspection by you and your auditors.
Limits on your use of the Service
Thomson Reuters agrees that you will have a licence to use the documents that you order when using the
Service.
In relation to your use of the Service and the documents you order, you agree that:
you must not use any part of the documents in connection with creating another document;
you must not use any part of the documents for any purpose except the specific purpose for which
they were ordered;
you must not copy any part of the documents for any purpose except in relation to the transaction
for which they were ordered;
you must not modify the documents in any way after they are sent to you;
you must not interfere with, alter or attempt to copy or reproduce any part of the Service or the
documents that you order while using them;
you must not incorporate any part of the Service in any other program, system or document creation
package;
you must not represent that the documents ordered using the Service were created by your own
resources, or those of a third party (other than our resources or those of anyone else who signs-off
and endorses for us the master documents from which your documents are generated); and
your account and the associated data you upload to the Service will be deleted if your account
remains inactive for a period of time. We will provide you with written notice before we delete your
account.
We do not give legal, tax, accounting, commercial or other professional advice
You agree that:
we cannot, and do not, give you legal, tax, accounting, commercial or other professional advice;
Thomson Reuters is not a professional services firm;
the Service provides information to help you answer the questions and to order a document and that
the information contained in the documents is information only, not advice;
we cannot and do not warrant that a document you decide to order is appropriate or suits your
needs;
we cannot and do not warrant that your use of the Service is appropriate or suits your needs;
the legal, taxation, accounting and commercial effects of a document vary and a document's
suitability will therefore vary according to particular circumstances;
only you know the purpose for which you intend to apply a document that you order and that we are
not responsible for the choice you make regarding the document that you order;
you must consult with a lawyer, taxation adviser, accountant, or commercial or other appropriately
qualified professional adviser (not Thomson Reuters) for advice concerning the suitability of a
document that you order using the Service;
the master documents are general only and prepared by the person named as the author on the relevant
page of our website (not Thomson Reuters) and that Thomson Reuters does not endorse and disclaims
responsibility for them;
Unless expressly stated otherwise, Thomson Reuters does not provide the information, commentary,
advice and other documents (including sample letters) which appear on our website. Instead, all of
that material is provided by the person named as the author on the relevant page of our website —
Thomson Reuters does not endorse that information, commentary or advice;
Thomson Reuters does not retain copies of documents generated using the Service. Whilst you may
regenerate a copy of a document previously generated by using information you have previously
uploaded in using the Service, Thomson Reuters does not warrant that an exact copy of the original
document will and is not responsible for any errors or differences between the originally generated
document and a subsequent version you elect to generate using the data previously uploaded;
Thomson Reuters disclaims responsibility for the information, commentary, advice and other documents
(including sample letters) referred to in these Terms; and
Thomson Reuters is not aware of any reason to doubt the accuracy or the quality of the work of any
author of the master documents and associated information referred to in these Terms for any of our
documents. Even so, Thomson Reuters is not a professional adviser and does not endorse that work.
Thomson Reuters' only responsibility is to engage a person with the relevant expertise, to draft the
relevant document which it does on the basis that you will seek appropriate advice in making use of
that document in your particular circumstances.
The document you order depends on your answers
You agree that:
certain information and particular clauses from the master documents are included in the documents
you order as a result of the answers you provide to questions you answer when using the Service;
certain information is included in the documents that you order as a result of the answers you
provide to questions you answer when using the Service;
you are fully and solely responsible for the information included as a result of the answers you
give to the questions; and
we are not responsible for any mistake that you make in understanding the questions or how to answer
them.
Accuracy of information provided
You warrant that all of the information which you provide to Thomson Reuters, including particulars as to
your personal and contact details or details of other persons, is accurate and correct and that you have
fully and accurately disclosed your identity.
We are not responsible for your mistakes or personal and sensitive information you upload to the Service —
you indemnify us
Except for any cost, loss, liability or damage directly caused or contributed to by Thomson Reuters, you
agree that you indemnify us in relation to any cost, loss, liability or damage that any of you, your client,
or a third party suffers:
because the document that you order is not suitable for its intended purpose or does not suit the
relevant circumstances;
because you fail to obtain formal advice from an appropriately qualified professional adviser
concerning whether the document you choose is suitable for its intended purpose or is suitable for
particular circumstances;
because of the answers you provide to questions asked of you when using the Service;
because you do not answer all questions completely and accurately;
because you modify the documents after they are provided to you by us;
because you fail to delete or ask us to delete Personal or Sensitive Information from the Service
that you have uploaded to the Service on behalf of a client of yours where you no longer have a
legitimate reason to retain this information on the Service; or
because you breach these Terms in some other way.
You agree that you continually indemnify us against any cost, loss, liability, or damage that we incur as a
result of your use of the Service except for any cost, loss, liability or damage directly caused or
contributed to by Thomson Reuters.
Our partners
Thomson Reuters may promote to you, or refer you to, products or services of a third party (Partner).
A Partner may (but will not necessarily) hold an Australian Financial Services Licence under the
Corporations Act (Cth), depending on the nature of products or services the Partner offers. A Partner may
from time to time pay fees to Thomson Reuters in return for this promotion or referral. The fee may depend
on whether you agree to obtain products or services from the Partner.
A Partner may provide products or services that are complementary to the Service — for example, in relation
to a cash management account, trademark products or actuarial products. You are not compelled to acquire
those products or services from the Partner. Regardless of whether or not you acquire those products or
services from the Partner, Thomson Reuters will still provide our Service to you to the extent that we can
without those complementary services — for example, by allowing you to use our website, interface and user
system to register as a customer and to record your answers and by storing your answers and sending you
newsletter updates, etc.
When you use a Partner's complementary products and services:
Thomson Reuters is not responsible for those products and services;
Thomson Reuters provides access to those products and services for convenience only and does not
endorse the Partner or the products and services available from that Partner;
you access those products and services at your own risk;
it is for you to decide whether you will, or should, rely on the Partner's products and services;
and
you agree with Thomson Reuters that you acknowledge the disclaimers made by that Partner and that
you will comply with any separate Terms which the Partner applies, and requires you to consent to,
in respect of those products and services.
When you use a Partner's website, or products and services available from that website:
Thomson Reuters is not responsible for any information or hyperlinks contained on that website;
Thomson Reuters provides access to that website for convenience only and does not endorse the
Partner, the Partner's website or the products and services available from that website;
you access that website, and products and services available from that website, at your own risk;
it is for you to decide whether you will, or should, rely on the Partner's website, or products and
services available from that website; and
you agree with Thomson Reuters that you acknowledge the disclaimers that appear on those websites
and that you will comply with the terms that you agree to at the time you use the products and
services available from those websites.
Our website and other websites
You agree that:
each time you order a document from us, you agree to the then current version of these Terms. When
you create an account or place your order, we will provide a link to, or show you the current
version of these Terms and you must use the indicated method to evidence your acceptance of that
version of the Terms;
we do not warrant the accuracy or appropriateness of the contents of our website;
the information and commentary on our website is general only and is prepared by the person named as
the author on the relevant page of our website (not Thomson Reuters, unless expressly stated
otherwise) and that Thomson Reuters does not endorse it and disclaims responsibility for it;
our website may contain hyperlinks and pointers to other websites and that we are not responsible
for any information or other hyperlinks accessible via such websites;
we provide the hyperlinks and pointers to you simply for your convenience and we are not endorsing
any of them;
you access these other websites you do so at your own risk; and
it is for you to decide whether these other websites should be relied on.
Our liability is limited
You agree that if we are prohibited by law from excluding all implied warranties and conditions, then our
liability will be limited to, at our option:
replacing the document you used the Service to order;
supply of some equivalent document;
amendment of the document; or
the payment of the cost of such replacement, supply or amendment.
You agree that:
to the extent that we are not prohibited by law from limiting our liability, then our liability is
limited in the same manner as provided under clause 19 , including in respect of any liability that
arises as a consequence of our negligence;
subject to law including the Australian Consumer Law, our liability to you for any matter related to
the subject matter of these Terms will not include any special, indirect, incidental or
consequential damages or loss of profits and will not exceed the cost to you for the particular
transaction which has caused you the loss or damage; and
subject to law including the Australian Consumer Law, we do not warrant that the operation of the
Service will be uninterrupted or that the Service is virus free or error free.
Our intellectual property is not diminished
You agree that:
we or our licensors remain the owner of all the intellectual property and know-how that resides in
the documents and the Service;
you are licensed to use the Service for the sole purpose of ordering documents; and
you get no property right whatsoever in relation to the Service, and no ownership in the copyright
of the documents that you order.
Recovering revenue lost through misuse or breach
If we discover that we have lost revenue through your breach of these Terms, then you agree that we may
recover from you each of the following:
the revenue we have lost;
our costs of discovering our loss and the extent of it;
our costs of recovering the revenue; and
default interest on any amount owing under this clause.
Also, if we can show that we have lost revenue through your breach of these Terms, then you agree that we
have the right to audit your operations (at your reasonable cost) to determine the extent of our loss.
Clauses 23 and 24 do not limit in any way the recovery by Thomson Reuters of all other amounts from you
which are recoverable at law in respect of any breach of these Terms by you.
The licence ends when you have ordered your document
You agree that:
the licence to you is limited to the creation of the documents for which you have paid and that once
those documents have been ordered, the licence ends;
your licence will also end if you breach any material obligations contained in these Terms; and
if you breach any material obligation contained in these Terms, then we may deny you any further
access to the Service.
How you pay us
Our standard arrangement is for you to pay us online by credit card through our designated bank's online
payment system. Our system will transfer you to that site when you click the relevant button. Our bank's
system should return you to the relevant page on our website at the relevant time.
However, if you are a high-volume user, then we may — at our absolute discretion — agree to allow you to pay
on invoice (instead of by credit card). If we do agree to that, then the following rules apply:
At the time you order, we electronically provide you with a tax invoice for our fees. You can
download the invoice from our website or click to have us email it to you at the email address you
provide. You must pay all Thomson Reuters' fees (including printing and binding fees, and company
seal fees etc.) within 7 days after you order.
At the time you place an order through our website to apply for any government registration etc.
(for example, a company registration application or a trademark application), we electronically
provide you with our invoice for any government fees etc. that we pay (or arrange to be paid) on
your behalf as part of lodging your application. You can download the invoice from our website or
click to have us email it to you at the email address you provide. You must pay us the amount of
those government fees etc. within 24 hours after you order.
If you do not pay on time, then we may — at our absolute discretion, and without giving you notice —
do any one or more of the following:
end the arrangement by which you pay on invoice (so that you must pay by credit card);
use amounts you pay us to pay-off any amount you owe at our choice — for example, we may
first pay-off any amount you owe us in respect of government fees we have paid;
set our system so that you no longer have access to document packages you have ordered from
us in the past (regardless of whether you have paid for them);
charge default interest on any amount you owe us.
Refunds, returns, exchanges
Our liability to refund, return or exchange is limited to the circumstances set out in these Terms and is
otherwise entirely at our discretion. In order to expeditiously process your claim for a refund, return or
an exchange, we request that you send all claims to the following email support@cleardocs.com and include:
the intended purpose to which the documents were to be applied;
the identity and contact details of the person for whom you purchased the document (we may contact
that person to discuss, and request copies of, the documents you have provided to them);
the reasons that you want a return, a refund, or an exchange;
copies of the materials or documents you have provided to that person in place of the Cleardocs
document in relation to which you now want a refund, a return, or an exchange; and
any other information or materials we ask for that we believe is relevant to our decision.
Severability
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to
that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the
remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other
jurisdiction.
Jurisdiction
These Terms are governed by and are to be read and interpreted according to the laws of New South Wales.
Each of Thomson Reuters and you irrevocably and unconditionally submit to the exclusive jurisdiction of the
courts in that jurisdiction. You may not argue, on the basis of the doctrine of forum non conveniens or any
other basis, that the courts of that jurisdiction should not exercise jurisdiction.
Definitions and interpretation
In these Terms:
'Thomson Reuters' means Thomson Reuters (Professional) Australia Limited ABN 64 058 914 668, its
agents, officers, successors, authors, licensors and advisers and 'we', 'our' and 'us' have a
corresponding meaning;
'the Service' includes the Cleardocs website, the interface, user system, and document merging
engine and (where applicable), the menu of legal clauses that is used to generate documents you
order, and the services which we provide to you which are ancillary to these services, including
telephone and email helplines;
'default interest' means interest on amounts owing calculated at the rate set from time to time
under section 22 of the Taxation Administration Act 1996 (NSW);
'document' means a document you order which is generated by the Service;
'lawyer' means an Australian legal practitioner as defined under section 6(1) of the Legal
Profession Uniform Law (NSW) or under any corresponding law in any other jurisdiction;
'Personal Information' has the meaning given to that term in the Privacy Act.
'Privacy Act' means the Privacy Act 1988 (Cth).
'master documents' means the master documents on which the documents you order are based, being the
full library of possible text that could be included in your document depending on the information
you provide when using the Service;
'professional adviser' means a lawyer concerning whether a document or the Service is appropriate or
suits your needs or its legal and taxation implications, a registered tax agent concerning a
document's taxation, accounting and/or commercial implications or a licensed financial planner
concerning a document's financial planning implications or such other professional adviser as is
appropriate or suits your needs concerning a document's legal, taxation, accounting and commercial
implications;
'you' means the person using the Service, including a person using the Service as agent of another
person in which case 'you' means the agent or the agent's principal, or both the agent and the
agent's principal;
the singular includes the plural and vice versa; and
a reference to currency is a reference to Australian dollars.
You agree that each of these definitions has the same meaning wherever they appear on our website.