Welcome to MyTribe. This page (together with the documents referred to in it) tells you the terms (Terms) which apply when you purchase an estate planning package (Product) by making a booking (Booking) on our my-tribe.com.au website and related services (Website).
Please read these Terms carefully before making a Booking on our Website. If you have any questions relating to these Terms, please contact support@mytribe.com.au before you make a Booking.
If you are a consumer, you have certain legal rights when you make a Booking. You can find more information about these rights at: https://www.accc.gov.au/consumers/consumer-rights-guarantees. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By creating your MyTribe account, you confirm that you accept these Terms.
1. ABOUT US
my-tribe.com.au is operated by Elysium Pty Ltd ACN 627 988 363, an Australian incorporated legal practice, whose registered office is at Level 3, 1 Palmerston Crescent, South Melbourne, Victoria 3205. The terms “we” or “us” or “MyTribe” in these Terms refer to Elysium Pty Ltd. In either case you may contact us at support@mytribe.com.au, by phone on [TBC].
2. PURPOSE
Our objective is to allow you to make a Booking to meet with one of our lawyers (Lawyers) at a time and place nominated by you. Our Lawyers will provide you with advice in relation to your selected Product and prepare the documents contained in the relevant Product description (Services). We will manage your experience from our Website throughout the Booking process until the Services are provided and your Product is complete. Once you have made your Booking, you will be allocated a Lawyer who will meet you at the time and place specified in your Booking. Depending on the Product you have selected, during the meeting, the Lawyer will either:
- take your instructions, provide you with advice and prepare the documents contained in the Product description to be left with you (Same Day Packages); or
- take your instructions, provide you with advice and within 7 days of the meeting prepare the documents contained in the Product description and send them to the address registered to your MyTribe account (Seven Day Packages).
3. DISCLOSURE OBLIGATIONS
Division 3 of Part 4.3 of the Legal Profession Uniform Law Application Act 2014 (Uniform Law) requires us to make certain disclosures to you. This document contains the disclosures that we are required to make. These Terms therefore form the agreement between us as the law practice and you as the client. It also confirms how we will charge you. Again, by creating your MyTribe account you confirm that you accept these Terms.
4. YOUR ACCOUNT
To purchase a Product and make a Booking using our Website, you need to create a MyTribe account. When you create an account, you must designate a username and password, and will also have to provide credit card details. You must keep any password you create, secret, and prevent others from accessing your email account. If another person uses these methods to access your account, you will be responsible to pay for any Product they purchase, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.
You may close your account at any time by requesting to do so in your account section of our Website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account before your Booking (at least 24 hours before the meeting) we will refund any payment you have made using the Website by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
5. PURCHASES
When you make a Booking through our Website, it needs to be accepted by us and a Lawyer needs to be assigned to your job before it is confirmed. We will send you a notification if your order has been accepted (Confirmation Notice). The contract for the supply of the Product you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Products ordered using your account, and for complying with these Terms, even if you have ordered the Product for someone else.
6. BOOKINGS AND PRODUCTS
When you receive a Confirmation Notice in connection with a Booking the Services will be provided on the date specified in the Confirmation Notice and the Product will be supplied in accordance with the description of the package contained on our Website.
Unfortunately, despite our best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent our Lawyer from arriving on time. If our Lawyer is more than 15 minutes late, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address).
7. REFERRERS
If you create a Referrer account on our Website, you can make Bookings and purchase Products and Services on behalf of other people. The Terms apply to you in the same way that they apply to a person making a Booking and purchasing a Product and Service directly.
8. YOUR RIGHTS
You have a legal right to receive goods which match their description, which are of acceptable quality, and which comply with any specific requirements you tell us about (and we agree to) before you make your Booking. If you believe that the Product you have received does not comply with these legal rights, please let us know as you have a legal right to have the issue remedied. We will remedy any failure in accordance with your legal rights. This may include providing a refund or account credit, unless we have reasonable cause to believe that the problem was caused after the Product is supplied.
Prior to processing your refund or account credit, we may take into account relevant factors including the details of the Booking, your account history, what happened on the day of the meeting and information from our Lawyer who attended the meeting and provided the Services when determining the remedy that will apply in the circumstances.
9. CANCELLATION
You may cancel your Booking without charge at least 24 hours before your meeting with our Lawyer (Proceeding Booking). If you wish to cancel a Booking before it becomes a Proceeding Booking, please contact us immediately, via our Website. If the Booking is not a Proceeding Booking, we will refund your payment using the same payment method as you used to originally pay for the Product. If you cancel your Booking after it becomes a Proceeding Booking, you will be charged fifty percent (50%) of the full price of the Product.
We may notify you that a Booking has been cancelled at any time. You will not be charged for any Booking cancelled by us, and we will reimburse you for any payment already made using the same method you used to pay. We may also apply credit to your account to reflect the inconvenience caused.
10. CHANGES
If you need to change your Booking before it becomes a Proceeding Booking, we may be able to change the type of Product as well as the date, address and time of your Booking using our Website. If we cannot change the Booking as requested, you have the option to cancel the Booking and clause 8 will apply.
If you need to change your Booking after it becomes a Proceeding Booking, you will need to cancel your Booking and re-book in accordance with clause 8.
11. PRICES AND PAYMENT
Under Division 3 of Part 4.3 of Uniform Law, we must disclose how our charges are calculated. You will be charged on a fixed fee basis for the Product and the Services as detailed in the descriptions on our Website.
Pursuant to s. 174(2) of the Uniform Law, we must also advise you that you have the following rights:
- You may want to seek independent legal advice before agreeing to the legal costs we propose to charge;
- you have a right to receive a bill of costs from us;
- you have a right to request an itemised bill of costs within 30 days after receiving a bill that is not itemised, or is only partially itemised, from us;
- you have a right to be notified of any significant change to the basis on which legal costs will be calculated or any significant change to the estimate of costs; and
- you have the right to seek the assistance of the designated local regulatory authority (Victorian Legal Services Commissioner) in the event of a dispute about legal costs.
Prices contained on our Website include GST. You confirm that you are using our Services for personal, non-commercial use.
If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the Booking at the original price or cancelling the Booking without charge and with a full refund of any money already paid.
The total price of your Product will be disclosed when you submit your Booking request on our Website, including the prices of Products, Services and taxes.
Payment for all Products can be made on our Website by credit or debit card, or other payment method made available by MyTribe. Once your Booking has been confirmed your credit or debit card will be authorised and charged as follows:
- the full price for a Same Day Package at the time of making a Booking; and
- 50% of the full price for the Seven Day Packages at the time of making a Booking and the final 50% on the day the Product is supplied (being the date 7 days after your meeting with our Lawyer).
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE THAT YOU SUFFER
We acknowledge that the Competition and Consumer Act 2010 (Cth) and other legislation implies or imposes statutory consumer guarantees, warranties and conditions into contracts for the supply of goods and services to consumers that can’t be excluded. Nothing in these Terms is intended to exclude or restrict the application of such non-excludable terms to these Terms.
Accordingly, nothing in these Terms affects any rights that you may have which we can’t by law exclude. If MyTribe breaches a non-excludable term or condition, it will be liable for that breach.
However, to the extent permitted by law, any liability of MyTribe is limited to the re-supply of the relevant Product, or payment of the cost of re-supplying the relevant Product or Service again.
Subject to the information set out above in this clause 11, and to the maximum extent permitted by law:
- we expressly disclaim any and all guarantees, conditions, warranties and liabilities with respect to type, acceptability, the fitness for purpose of our Products, Services, the Website and its contents;
- we make no representation or warranty of any kind regarding the availability, correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Products, Services or the Website or its contents. Your use of the Website is at your own risk;
- we will not be liable to you or any other person in connection with the Products, Services, the Website or any Product obtained through them for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, loss of actual or anticipated savings, loss of revenue, expectation, business, savings, data or unavailability of systems, other economic loss or other losses, whether arising under contract, statute, tort (including negligence) or otherwise;
- we will not be liable for any use of or access to, or any inability to use or access, the Website, the Product or the Services, unless such loss arises as a result of our own negligence or wilful misconduct.
Our liability to you for any loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage whether our liability is in contract, tort (including negligence), under any statute or otherwise.
The personal liability of the director Elysium Pty Ltd and the Lawyers is limited by a scheme approved under Professional Standards Legislation.
To the extent permitted by law, you agree that to the extent that any loss or damage suffered by you is attributable to fault, negligence, or lack of care on your part or on the part of any person for whom you are responsible including, without limitation, any other advisors engaged by you, we (and our directors and employees) are not liable (in tort, contract or otherwise) for the loss or damage to the extent caused or contributed to by you, your advisors or by any person for whom you are responsible.
13. DATA PROTECTION
All personal information that you supply in connection with the Website will be collected, used, disclosed and managed by us in accordance with our Privacy Policy which can be found at https://www.my-tribe.com.au/privacy. You consent to My Tribe dealing with your personal information in accordance with the Privacy Policy.
14. OTHER TERMS
If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it,or waives their right to enforce it in any instance. If a court decides that any part of these Terms is unenforceable, illegal or void, the rest of the terms will be unaffected and will remain in force.
We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Product or Services, we will take steps to notify you (for example, by posting an updated version of the terms on the Website). Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice.
These Terms are governed by the laws of the state of Victoria and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.