General website terms

1. IMPORTANT

By browsing, opening, accessing, or otherwise using this site you agree to our privacy policy and to the following general website terms. These terms constitute a legally enforceable agreement. If you don't agree with any part of these terms, then you must leave this site now.

2. Ownership

Serenson Pty Ltd (ABN 41 123 214 200) owns and runs this site. When we say ‘we’, ‘our’, or ‘us’ in these terms, we mean Serenson Pty Ltd.

3. Change

Sometimes we may change these terms to keep current with laws and policies. So you must read these terms periodically to make sure you agree to and understand the latest terms. By continuing to use this site, you agree to the latest terms.

4. Not legal advice

We're NOT a law firm. We do NOT provide legal advice. We provide everything on this site for INFORMATION ONLY. This includes the tips we give on legal research, legal writing, persuasion, legal systems, plain legal language, and everything else. You must ALWAYS get professional legal advice rather than relying on any information that we, or anyone else, provide on this site.

5. Intellectual property

What we own

We own at least the following parts of this website:

  • all the copyright in the text we've written for this site, including these terms;
  • Win More Cases: The Lawyer’s Toolkit;
  • the registered trademark Serenson® (we reserve all rights over it and to other trademarks we own);
  • drawings of the ‘Inner-net’, ‘Intra-net’, ‘Inter-net’, ‘Extra-net’, and ‘Inter-not’ in Step 5;
  • the photographs of Serenson's owners and the author of Win More Cases: The Lawyer’s Toolkit; and
  • improvements to this site and to future products and services that your ideas and comments might inspire; if needed, you must perfect our title in the suggestions and improvements, for example by executing relevant documents.

What we do NOT own

We do NOT own copyright in Edwin Abbott, How to Write Clearly (1883). We can reproduce that work because it has entered the public domain in Australia. We reproduce that work only for people from countries where the work has entered the public domain (which, to the best of our knowledge, also includes the US and the UK). You should check your local copyright laws to make sure you are allowed to download and view the work. You mustn't take us to be authorizing infringement of intellectual property rights by our uploading a copy of the work.

We do not own the fonts, icons, and photos that third parties created; but these third parties have licensed to us their relevant intellectual property rights.

Third parties may own other product names and company names on this site. Like us, you must properly observe and respect third-party intellectual property rights, including ownership of copyright and trademarks.

Examples of what you CAN do with our material

You can do the following with our material. You can:

  • link to our material, subject to the clauses below about illegal and offensive sites; and
  • use Win More Cases: The Lawyer’s Toolkit, but only in strict accordance with the WMC License Agreement (below).

Examples of what you CANNOT do with our material

Unless we expressly approve it in writing or the Copyright Act 1968 (Cth) allows it, you MUST NOT:

  • use our trademarks;
  • frame this site or embed it in another website; or
  • infringe the WMC License Agreement (below).

6. Spam

We've put a contact form on this site to help our visitors contact us. We DO NOT consent to receiving spam. If you use this site or use our email addresses to spam us, then, without limiting our rights at law and your legal obligations to comply with laws prohibiting the use of spam (such as the Spam Act 2003 (Cth)), we'll charge you AU $500 an hour for removing the spam from our system and for administration.

7. Linking to this site (legal, non-pornographic, non-gambling, and inoffensive sites)

If your site is legal and has no pornographic or other offensive material, and isn't an online gambling site, then we encourage you to link to this site, and you don't need our permission. But you must remove the link if we ask you to. If you want banners to use as links to our site, then please contact us.

8. Linking to this site (illegal, pornographic, online gambling, and offensive sites)

If your site is illegal, contains pornographic or other offensive material, or is an online gambling site, you MUST NOT link to this site and MUST NOT link to the sites that monitor our web statistics. If you ignore this notice, and you impermissibly put a link to or from our sites, then, without limiting our rights at law, you'll pay us AU $1,000 for each link you put to and from our sites. You agree to pay this sum because you are compensating us for the estimated time it will take us to repair the damage you have caused to our brands and to compensate us for the goodwill and custom we're likely to lose.

9. Misusing our trade names

If you impersonate Serenson or otherwise misuse our trade names, for example for telemarketing or for spamming others, you'll pay us AU $500 an hour for the time it takes us to answer complaints that people mistakenly direct to us. We'll pursue and enforce any other remedies available to us.

10. Privacy

Our privacy policy (below) governs this site.

11. No warranties

We provide this site ‘as is’ without express or implied warranties. While we take all due care and precautions, we make no warranty or representation that the content on this site, and content accessible through this site, is free from viruses or other defects and harmful components. We don't warrant that access to, or use of, this site will be uninterrupted or error-free. We don't warrant the quality, completeness, accuracy, timeliness, suitability, physical state, reliability, or a particular purpose of the content on this site or content accessible through this site.

12. Capacity

You promise us that you are 18 or older, or your parent or guardian has consented to your using this site and they agree to these terms for you.

13. Links to other sites

This site links to third-party websites. We don't control those sites and we're not responsible for them. We don't endorse the content of those sites. You use third-party websites at your risk. We can't promise that third-party websites do not infringe someone else’s intellectual property rights. So, you mustn't take us to be authorizing infringement of the intellectual property rights by our linking to those sites. We're also not responsible for the privacy practices of third-party sites and we don't know if those third-party sites use cookies or other tracking devices. If your privacy worries you, you should find out the privacy policies of those third-party sites.

14. Waiver

If we don't strictly enforce these terms, then it won't be a waiver of our right to strictly enforce these terms later.

15. Limit of liability

You accept all risks and responsibility for all loss, costs, damage, and other consequences of using this site or the content or material on or accessible through this site.

We will not be liable for any loss at all (including, without limitation, special, indirect, incidental, or consequential loss, or loss of profits), damage, expense, or injury that is suffered (however so caused) in connection with your using this site or the content or material of this site (including linked websites), except for liability that we cannot legally exclude. Where we cannot legally exclude liability, our liability is limited to our minimum obligations required by law, which may include, at our election, our replacement of the goods, supply of equivalent goods, re-supply of the services, payment of the cost of having the goods or services replaced or re-supplied, the repair of goods, or the cost of having the goods repaired.

16. Indemnity

By using this site, you indemnify us against all costs (including legal costs on a full indemnity basis), claims, awards, demands, judgments, damages, proceedings, and any other liability whatsoever, wholly or partly arising from your using or accessing this site and its content or breaching these terms.

17. Severability

If a term is invalid or unenforceable, then that term will be ‘read down’ (if it can) so that it will be valid and enforceable. If that isn't possible, then the term will, so much that it is capable, be severed from the rest of the terms to the extent of the invalidity or unenforceability, without affecting the remaining terms.

18. Governing law

These terms will be subject to and interpreted according to the laws of the Australian Capital Territory (ACT). If a dispute arises between you and us, then you will submit to the non-exclusive jurisdiction of the ACT’s courts.

Privacy policy

1. Introduction

We (Serenson Pty Ltd, ABN 41 123 214 200) are committed to Australia’s 10 privacy principles. The main principles that apply to us are collection, use and disclosure, data quality, data security, openness, and access and correction.

2. Collection

We collect personal information only when we need that information to run our business. We collect personal information only through fair, lawful, and non-intrusive ways. You can get a copy of the information we have about you by emailing us. We collect the following information for the following purposes:

(a) When you visit this site

When you visit this site, our service provider records your visit and logs the following information for statistical purposes: your server address, your top level domain name (for example, .com, .gov, .au, .uk), the date and time of your visit to this site, the pages you accessed, the link and search terms you used to find this site, and your browser.  Google, as a third-party vendor, uses cookies to serve ads on our site. Google's use of the ‘DART’ cookie enables it to serve ads to our users based on your visit to our site and other sites on the Internet. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy. We will not try to identify you except, in the unlikely event of an investigation, a law enforcement agency exercises a warrant to look at our service provider's logs.

(b) If you win a competition

If you win a competition, we will ask you for your full name, address, and phone numbers. We will use these details to send you your prize.

(c) When you buy Win More Cases: The Lawyer’s Toolkit™

If you buy Win More Cases: The Lawyer’s Toolkit, then may collect your name, address, and email address. We may also ask for your credit card details. But we don’t store your credit card details. Your credit card details are sent to a secure credit card processor, e-way. E-way processes your credit card with our bank. E-way uses your details for only one transaction, and then removes the credit card details from their system.

3. Use and disclosure

We would use your personal information for a secondary purpose only if you consented to such use, or where you would reasonably expect us to use or disclose the information, or where we are required or authorised by law.

4. Data quality

The currency, accuracy, and completeness of the personal information we collect about you is limited only by the currency, accuracy, and completeness of the personal information you give us.

5 Data security

Access to your personal information is restricted to a handful of employees who need access to the information to do their jobs. They, too, are committed to our privacy and security policies. We protect your personal information by firewall, encryption, antivirus, and other security software. If we no longer need your personal information, or if you withdraw your consent to our using your personal information, we will destroy or de-identify the personal information.

6. Openness

We explain our policies on managing personal information in documents such as this one, which we update on this site. If you have questions about the personal information we hold, the purposes for which we hold the information, and how we use, collect, and disclose that information, just email us.

7 Access and correction

If you ask us, we will show you the information we have about you (we may ask you to supply reasonable proof of identity so that we know it is really you who is accessing the information). You can correct that information any time. The only exceptions are those exceptions under the privacy principles. In such exceptional cases, we will tell you why we have denied access or refused to correct the personal information, as the privacy principles require.

8. Further information

If you have questions about this policy, or suggestions for improving it, please email us.

LICENSE, READ THIS AGREEMENT CAREFULLY

Serenson Pty Ltd ABN 41 123 214 200 (We, Us, or Our) provides you Win More Cases: The Lawyer's Toolkit on the following terms. You may use Win More Cases: The Lawyer's Toolkit (html, pdf, or hard copy) only if you agree to these terms.

Copyright under Australian law, the laws of other countries, and international law, protect Win More Cases: The Lawyer's Toolkit (The Toolkit). We own and reserve all relevant rights in The Toolkit. We permit you to use The Toolkit only in accordance with this License Agreement. Using The Toolkit for any other purpose, without the copyright owner’s express permission, may infringe copyright.

1. Warning

If you do not agree with the terms and conditions of this License Agreement, then do not use, download, or install The Toolkit.

2. Acknowledgment

If you use, download, or install The Toolkit, then you are deemed to:

(a) have read this License Agreement;

(b) fully understand this License Agreement;

(c) agree to be bound by the terms of this License Agreement; and

(d) understand that this License Agreement is an enforceable legal agreement.

3. License

3.1 We grant you a personal, non-exclusive, and non-transferable single-user license to use, download, and install The Toolkit in accordance with the terms in this Agreement.

3.2 You must use The Toolkit only in accordance with the license granted under Clause 3.1 and subject to all the other obligations arising under or in connection with this License Agreement.

3.3 You must make sure that anyone you allow to use the permitted copies of The Toolkit also complies fully with this License Agreement.

3.4 To install and to use the pdf version of The Toolkit, you must:

(a) have a validly licensed and functional copy of PDF reader software from Adobe Systems Inc (Adobe Software); and

(b)comply with the terms and conditions of the corresponding Adobe Software License.

4. Intellectual Property

4.1 The Toolkit mentions software, product names, company names, and other trademarks that third parties own. Like us, you must properly observe and respect third-party intellectual property rights (IPRs), including ownership of copyright and trademarks.

4.2 Third parties created The Toolkit’s fonts, icons, graphics, and drawings, but these third parties have licensed or assigned to us their IPRs.

4.3 We own all other relevant IPRs in The Toolkit.

4.4 Nothing in this License Agreement gives you any ownership rights in The Toolkit. Your rights in relation to our IPR are limited to what we have said you can do under this License Agreement.

4.5 Nothing in this License Agreement amounts to consent in terms of the author’s moral rights in the literary work.

5. Copies

5.1 Subject to the conditions expressly stated under the rest of this clause 5, you may:

(a) transfer 1 copy of The Toolkit to 1 other personal computer (desktop or laptop) for you to use on that second personal computer; and

(b) print 1 hard copy of The Toolkit for your private use.

5.2 Without seeking to exclude or limit the application of Division 4 of the Copyright Act 1968 (Cth), you must not otherwise copy The Toolkit, either in whole or part.

5.3 You must maintain records of all copies of The Toolkit you have made and the place where you keep those copies. You must provide us with these records on reasonable notice.

5.4 You must notify us immediately on becoming aware of any unauthorized use or copying of the whole or any part of The Toolkit.

5.5 You must delete The Toolkit, including all copies you possess or control, whether in their original form or as modified, immediately upon termination of this License Agreement.

6. Risk

6.1 You use the Toolkit at your sole risk.

6.2 We provide The Toolkit ‘as is’ and for information only.

6.3 We do not provide or hold out The Toolkit as legal advice.

7. Liability

7.1 Nothing in this License Agreement excludes, restricts, or changes any term, warranty, right, or remedy implied or imposed by legislation that we cannot lawfully exclude, restrict, or change, which may include Part V of the Trade Practices Act 1974 (Cth) and equivalent State and Territory laws.

7.2 To the maximum extent permitted under applicable law, we exclude all other express or implied warranties, representations, and terms not found in this License Agreement.

7.3 If the Trade Practices Act 1974 (Cth) or equivalent State or Territory laws imply a term or warranty into this License Agreement that we cannot exclude, then to the maximum extent the law allows, we limit our liability for breaching the term or warranty to one or more of the following (at our choice)—

(a) paying the cost of replacing the goods or equivalent goods, or paying the cost of repairing the goods; or

(b) for services: resupplying the services, or paying the cost of resupplying the services.

7.4 Subject to clause 7.3, our maximum aggregate liability for all claims relating to this License Agreement or its subject matter (including Support), whether in contract, tort (including negligence), or equity, or under statute or an indemnity, or on any other basis, is limited to an amount equal to the fees, if any, that you have paid us under this License Agreement. We are not liable for, and no measure of damages will under any circumstances include:

(a) special, indirect, consequential, incidental, or punitive damages; or

(b) economic loss, loss of profits, revenue, goodwill, bargain, anticipated savings, or loss or corruption of data, whether in an action in contract, or tort (including negligence), under product liability, statute or an indemnity, or on any other basis, whether foreseeable or not, and even if we advised you of the possibility of the loss or damage happening.

8. Indemnities

8.1 If you willfully, negligently, or unlawfully do or fail to do something that breaches this License Agreement, then you indemnify us against any liabilities, losses, and costs (including reasonable legal fees) that your breach causes.

8.2 You indemnify us and hold us harmless in relation to any malfunction or failure to operate The Toolkit arising from or connected to third party software, including but not limited to Adobe Software.

8.3 Clauses 7 and 8 survive the termination of this License Agreement.

9. Term

9.1 This License Agreement continues until such time as it is terminated under this clause.

9.2 You may terminate this License Agreement any time by deleting The Toolkit including all copies you possess or control, whether in their original form or as modified.

9.3 Upon termination of this License Agreement, you will not be entitled to a refund of any amounts you have paid for The Toolkit except as provided for by our refunds policy.

9.4 We may terminate this License Agreement if you breach a term of this License Agreement.

9.5 Terminating this Agreement will be additional to our other remedies.

10. Support

10.1 We may, at our sole discretion, elect to provide you with customer support and updates, enhancements, or modifications for The Toolkit (collectively, 'Support'). We may terminate such Support at any time without notice to you.

10.2 If we do provide Support, then it will specifically exclude:

(a) fixing defects you have caused in breach of this License Agreement; and

(b) fixing defects that we cannot control, including without limitation defects in Adobe Software or other third party software.

10.3 If we provide Support, then we will provide the Support with due care and skill. However, to the maximum extent permitted, we hereby disclaim all other express and implied warranties, including warranties as to merchantability and fitness for purpose.

10.4 To the extent (if any) that we provide Support, for the avoidance of doubt, we exclude all responsibility and liability in relation to any errors or problems arising in relation to Adobe Software or other third party software.

11. Entire agreement

This License Agreement is the entire agreement between you and us and replaces all previous agreements, understandings, representations, and warranties. You promise that you have not relied on any other representations or warranties.

12. Variation

We may change this License Agreement when we like by telling you in writing directly, or in other ways, including putting the new terms on our website (www.win-more-cases.com). Use of The Toolkit after such a change constitutes acceptance of such changes. You must check our website regularly for changes. You can always find the most recent version of this License Agreement at our website.

13. Waiver

A failure of us to insist on strict performance of any of the provisions contained in this License Agreement will not constitute a waiver of our rights.

14. Assignment

You must not assign this License Agreement without our written consent, which we may withhold at our complete discretion.

15. Capacity and third party rights

15.1 If you are under 18, then you must have a parent or guardian enter into this License Agreement on your behalf. A parent or guardian who accepts this License Agreement on behalf of a minor is responsible for ensuring the minor’s compliance in full with the terms of this Agreement.

15.2 Otherwise, you promise you have legal capacity to enter into and be bound by this License Agreement. If you are a natural person, then you promise you are at least 18.

15.3 You execute this License Agreement solely in your own legal capacity and not as an agent or trustee for, or a partner of, any other entity.

15.4 Only the person who executes this License Agreement has a right or benefit under it.

16. Severability

If any part of this License Agreement is or becomes invalid, then that part will be removed so the invalidity will not affect the validity of the rest of this License Agreement.

17. Law

The law of Australian Capital Territory (ACT) govern this License Agreement and the parties submit to the exclusive jurisdiction of the ACT’s courts and tribunals.

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