These terms and conditions (Terms) apply to your use of Sierra Legal's online document generation system (Arreis Platform) made available to you by Sierra Legal Pty Ltd ACN 140 725 060 (together, Sierra Legal, we, us or our).
Each reference in these Terms to User, you or your is a reference to the individual, company or organisation that has visited, read or is using the Arreis Platform and/or its associated services.
1 Arreis Platform and Licence
The Arreis Platform has been designed to allow Users to access and generate legal documents from template documents made available to you on the platform (Services).
Sierra Legal has taken all reasonable steps to prepare those templates to ensure that they are accurate and appropriate for the type of document that you generate, subject to these Terms. The legal, taxation, accounting and commercial effects of a document vary and a document's suitability will therefore vary according to particular circumstances.
The Services do not include any review by Sierra Legal of the documents that you generate using the Arreis Platform. While the Arreis Platform is designed to make the process of generating documents much easier for Users and to reduce human error, it is always good practice to proof-read documents after they are generated to check for errors and check that the relevant documents are suited for their intended use case. You acknowledge and agree that you are responsible for checking all documents that you generate using the Arreis Platform and considering the suitability of those documents for their intended use case, and seeking legal, taxation and/or accounting, where appropriate.
We can provide you with specific legal advice tailored to your circumstances if requested by you and subject to additional terms of engagement.
When you sign up and accept these Terms, Sierra Legal grants to you a licence to access and use the Arreis Platform and generate legal documents from the Arreis Platform in accordance with these Terms (Licence). The Licence is revocable by Sierra Legal, non-exclusive and must not be transferred or sub-licensed by you.
2 Acceptance of Terms
Please read these Terms carefully.
These Terms form a binding agreement between you and Sierra Legal. You are taken to have read, acknowledged and accepted these Terms by doing any one or more of the following:
- accepting or consenting to these Terms electronically through the Arreis Platform (e.g. by clicking "I Agree");
- logging into the Arreis Platform; or
- using the Arreis Platform (including generating any document).
If you do not agree to these Terms, you must cease using the Arreis Platform and any associated Services immediately.
Sierra Legal uses certain third party platforms in order to operate and make the Arreis Platform available. Some of these third party providers require us to include certain additional provisions in these Terms (Third Party Terms). These are set out in the Appendix at the end of these Terms, and we may notify you of other additional Third Party Terms that apply from time to time. Where other Third Party Terms become applicable, Sierra Legal will use reasonable endeavours to notify you by email, through the Arreis Platform or via other electronic means.
Your use of the Arreis Platform is subject to these Third Party Terms. You are taken to have read, acknowledged and accepted these Third Party Terms by doing any one or more of the actions listed above. If you do not agree to any additional terms or Third Party Terms, you must cease accessing or using the Arreis Platform.
If there is any inconsistency between these Terms and the Third Party Terms, these Terms prevail to the extent of that inconsistency.
3 Privacy and your personal information
We recognise the importance of your privacy and understand your concerns about the security of your personal information. Our approach in relation to the treatment of personal information is set out in our Privacy Policy found at https://www.arreis.com.au/privacy. You are taken to have accepted the Privacy Policy when you agree to these Terms.
When you access and use the Arreis Platform, we may collect your personal information, such as your name, email address and phone number.
You acknowledge that personal information collected, used and disclosed may be used for a variety of purposes including:
- to supply the Services;
- to monitor use of the Arreis Platform and Services (including for the purposes of further development);
- to administer your User Account;
- to enforce these Terms;
- for marketing purposes; and
- other purposes as described in our Privacy Policy.
We may also create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.
In relation to any personal information you provide to us (whether your own or that you have collected from a third-party), you warrant that you have taken all steps to ensure that we are permitted to use and disclose that information as set out in these Terms and our Privacy Policy.
4 Signing up
To use the Arreis Platform, you must create a User Account.
Users must:
- not create multiple User Accounts;
- not share User Account login credentials with anyone else; and
- be an individual that is at least 18 years of age.
When you register for a User Account, you will be asked to complete or provide some details which may include (but not necessarily be limited to) your name and email address, and you must create a password (together, User Details).
If you become aware that a User Account for your company/organisation has been created without the requisite authority (including circumstances where it appears that another person is seeking to impersonate your company/organisation), you must report that activity to us and we will investigate the matter further.
By creating a User Account, you acknowledge and agree that you are:
- responsible and liable for the acts and omissions of any person that has access to or accesses your User Account, as if they were your acts and omissions (including in circumstances of unauthorised sharing of login credentials); and
- where applicable, responsible and liable for all charges associated with all services ordered by any person through your User Account (regardless of whether or not the relevant User had your authorisation to place those orders),
other than through any unauthorised use resulting from any negligent act or omission legally attributable to us.
5 Account security
You must always keep your password secure and confidential. You are the only person authorised to use your User Account and, accordingly, you must not disclose your password to anyone else. You must also ensure that all devices exit or log off from the Arreis Platform at the end of each session. We may introduce new security features to make your User Account more secure, such as two-step authentication, and we may require you to use those new security features.
If you believe that your User Details or the device that you use to access the Arreis Platform have been lost or stolen (or you become aware of any unauthorised use of your User Account), you must take each of the following steps:
- reset your password (passwords must include at least three of the following: uppercase letters, lowercase letters, numbers, or symbols and be between 8 and 64 characters long); and
- notify us immediately at: info@arreis.com.au.
Where we think there has been unauthorised access to data inside your User Account, we will let you know and give you information about what has happened.
Depending on the nature of the unauthorised access, and if required by law, we may need to report the unauthorised access to relevant government authorities and the individuals whose personal information may have been compromised.
We are not responsible for any unauthorised access that occurs as a result of any of your devices or computer systems being hacked.
6 Fees
Your access to the Arreis Platform may start with free-trial access. Sierra Legal determines free trial eligibility at our sole discretion and may limit access, eligibility or duration. We reserve the right to terminate the free trial at any time.
Any fees payable in connection with your use of the Arreis Platform or provision of the Services will be detailed in a separate legal cost agreement.
7 Your use of the Arreis Platform
Your right to access and use the Arreis Platform is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Arreis Platform for lawful purposes. In particular, you must not:
- use the Arreis Platform in any manner that is illegal or breaches any applicable law or regulation;
- provide any information to us that is untrue, inaccurate, misleading or deceptive;
- attempt to modify, copy, adapt or reproduce any part of the Arreis Platform except as necessary to use it for normal operation;
- attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the code for the Arreis Platform or any technology features or measures in the Arreis Platform;
- take any action that interferes in any manner with our rights with respect to the Arreis Platform;
- attempt to undermine the security or integrity of the Arreis Platform;
- use the Arreis Platform to transmit, publish or communicate material which is, or could reasonably be considered to be, abusive, harassing, defamatory, obscene, indecent, menacing, threatening, discriminatory, offensive or which violates, or could violate, the intellectual property rights of any person;
- use the Arreis Platform in any way that could damage, disable, overburden, or impair any server, or the network(s) connected to any server;
- use any data mining, robots, or similar data gathering or extraction methods in connection with the Arreis Platform;
- attempt to gain unauthorised access to any part of the Arreis Platform, other accounts, computer systems or networks connected to any server, through hacking, password mining, or any other means;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Arreis Platform; or
- use the Arreis Platform for the purpose of designing or developing a competing product or service.
8 Accessibility
We strive to maintain the availability of the Arreis Platform 24 hours a day. However, your access and use of the Arreis Platform may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Arreis Platform or other actions that we, in our sole discretion, may elect to take. To the maximum extent permitted by law, we are not liable to you or any other person or entity for any loss, cost or damage that results from any scheduled or unscheduled downtime of the Arreis Platform.
9 Use with your device
Use of the Arreis Platform will be available through a compatible web browser and/or mobile apps, and will require the use of the internet, network access and certain types of software on your device. You agree that you are solely responsible for ensuring that your hardware and/or systems meet any technical requirements needed to operate the Arreis Platform, including any applicable changes, updates, security, maintenance and fees as well as the terms of your agreement with your device and telecommunications provider.
10 Sierra Legal's intellectual property rights
Copyright in documents generated by the Arreis Platform remain the property of Sierra Legal. The source code used to automate a template document remains the property of Sierra Legal and you are not entitled to receive a copy of that source code. In addition, all intellectual property rights in the Arreis Platform, and in any content within the Arreis Platform (including the "look and feel", text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our technology partners/licensors.
Except as expressly permitted by these Terms, you must not use or permit the use of any of our intellectual property rights for any purpose other than to enable you to use the Arreis Platform in accordance with these Terms. You must not reproduce, exploit or use any part of the documents generated from the Arreis Platform for the purpose of re-sale or to offer or make available products or services similar to Sierra Legal.
11 Disclaimers
The Services do not include any review by Sierra Legal of the documents that you generate using the Arreis Platform. We can provide you with specific legal advice tailored to your circumstances if requested by you and subject to additional terms of engagement. In addition, the Arreis Platform is not a document repository and it is your responsibility to save copies of all documents and other information generated or entered via the Arreis Platform in your own document repository.
We make no representation, warranty or guarantee as to:
- the suitability of any document that you generate via the Arreis Platform;
- the Arreis Platform being free of any viruses or other code or software that may contaminate, infect, corrupt, destroy or otherwise adversely affect any other software or operating system on any device used to access or use the Arreis Platform; or
- the future performance of any upgrades made to the Arreis Platform.
The operation of the Arreis Platform is dependent on telecommunications services, computer networks and the internet, which can be unpredictable and may from time to time interfere with the use of the Arreis Platform. In addition, Sierra Legal does not control these telecommunications services, computer networks and the internet services that are required to access the Arreis Platform from your device. Accordingly, Sierra Legal is not responsible for the security of any information that you choose to communicate with us or the Arreis Platform while it is being transmitted (or for any information lost during transmission).
The Arreis Platform also uses third party platform or application providers and third party hosting services (Third Party Products or Services) which may be provided without any sort of warranties. To the maximum extent permitted by law or unless otherwise expressly agreed by Sierra Legal, we are not responsible for any Third Party Products or Services and we do not guarantee that they will be continuously available or free from defects. If at any time any Third Party Product or Service becomes unavailable to Sierra Legal, you acknowledge and agree that Sierra Legal may cease to provide the Arreis Platform via that Third Party Product or Service.
12 Limitations on liability
To the maximum extent permitted by law, our liability for any work performed in relation to the Services or your use of the Arreis Platform, whether it arises in tort (including negligence), contract or otherwise, must not exceed the lesser of:
- the amount to which our liability is limited by a scheme approved under Professional Standards Legislation; and
- a total of 3 times the total fees received by us in relation to the Services (exclusive of GST).
You agree to release Sierra Legal from all claims arising in connection with the Services or your use of the Arreis Platform (whether in tort (including negligence), contract or otherwise) to the extent our aggregate liability in respect of those claims exceeds the maximum liability calculated under the previous paragraph.
To the maximum 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, Sierra Legal is not liable (in tort, including negligence, contract or otherwise) for the loss or damage.
13 Account suspension or termination
We may, at any time, terminate the Services or suspend your access to the Arreis Platform under these Terms if:
- you have breached any provision of these Terms (or acted in a manner inconsistent with these Terms);
- we, in our sole discretion, believe we are required to do so by law; or
- we decide to discontinue the Service.
We may also temporarily suspend your User Account if we suspect that it is being used in connection with unauthorised, fraudulent or unlawful activities or that the security of your User Account has been compromised.
Both you and us have the right to terminate the Services at any time by giving 30 days' written notice.
If the Services are terminated we will not incur any liability as a result.
14 Changes to these Terms and the Arreis Platform
Sierra Legal may change these Terms at any time by giving you at least 14 days' written notice (which may be by email, through the Arreis Platform or other electronic means). You may refuse to accept any revised Terms by giving written notice to Sierra Legal within that 14-day notice period, in which case you must cease to access and use the Arreis Platform. If you do not make such an election within that 14-day notice period or if you continue to access or use the Arreis Platform after that 14-day notice period, you are taken to have accepted and agreed to be bound by the revised Terms.
We reserve the right to change the design, features and/or functionality of the Arreis Platform at any time.
15 General
These Terms are governed by and must be construed in accordance with the laws in force in Queensland, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms.
Any failure or delay by Sierra Legal to exercise any right conferred by these Terms will not be considered as a waiver of those rights.
Any provision of these Terms that is held to be invalid or unenforceable in any jurisdiction must:
- to the extent it is capable of being read down in that jurisdiction, be read down in that jurisdiction to the minimum extent necessary to achieve validity or enforceability in that jurisdiction; and
- to the extent not capable of being read down in that jurisdiction, be severed from these Terms in that jurisdiction,
without invalidating or affecting the remaining provisions of these Terms or the validity or enforceability of that provision in any other jurisdiction.
These Terms constitute the entire agreement between Sierra Legal and you relating to the use of the Arreis Platform and the Services. However, if you have a legal costs agreement with Sierra Legal relating to paid Services on the Arreis Platform, this paragraph does not apply and that legal costs agreement will apply to the extent of any inconsistency with these Terms.
In these Terms, "related body corporate" and "related entity" have the meaning given in the Corporations Act 2001 (Cth).
To the extent that a provision of these Terms is expressed to be for the benefit of one or more persons or entities (other than Sierra Legal and you), such as related entities, employees, agents or contractors of Sierra Legal, Sierra Legal enters into the agreements incorporating these Terms in its own capacity and in its capacity as trustee and agent for those persons or entities, and Sierra Legal is entitled to enforce that provision for the benefit of itself and those persons and entities.
16 Contact us
If you have any questions about these Terms, please contact us at info@arreis.com.au.
Appendix
Sierra Legal uses third party software to provide the Arreis Platform. Before using the Arreis Platform, Users must read and agree to the third party terms and conditions which can be accessed via the links below.
1. Documate, Inc (trading as Gavel) https://www.gavel.io/terms