Terms & Conditions

These Terms of Use (“Terms”) govern your use of this software application (“App”) and form a binding contractual agreement between you, the user of the App and us, Legal Check Pty Ltd care of Level 4, 200 Adelaide Terrace, East Perth, WA, Australia. By downloading or using the app (or using this website), these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app.

Any reference to the app also includes a reference to this website.

You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions.

The app itself, and all the trade marks (including the Resolvy trademarks), copyright, database rights and other intellectual property rights related to it, still belong to Legal Check Pty Ltd.

MKI Legal is an Australian law firm owned by MKI Legal Pty Ltd. This App is owned and operated by Legal Check Pty Ltd. Legal Check is not a law firm but a legal technology company. Legal Check is an associated entity of MKI Legal.

Although this agreement is with Legal Check Pty Ltd, MKI Legal may rely on these terms in any dealings with you.

Legal Check Pty Ltd is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

This app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the this App won’t work properly or at all.

The app does use third party services that declare their own Terms and Conditions.

Link to Terms and Conditions of third party service providers that may be used by the app

• Google Play Services
• Google Analytics for Firebase
• Firebase Crashlytics
• Expo
• Segment
• Mixpanel

You should be aware that there are certain things that Legal Check Pty Ltd will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Legal Check Pty Ltd cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, Legal Check Pty Ltd cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Legal Check Pty Ltd cannot accept responsibility.

With respect to Legal Check Pty Ltd’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Legal Check Pty Ltd accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Legal Check Pty Ltd does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

The information on this app is provided for general information purposes only and should not be relied on as legal advice or as a substitute for legal advice. Nothing on this App, including all our dealings with you, including but not limited to the creation of any documents, should be taken as giving rise to a lawyer-client relationship between you and us, or any other party. No legal advice is provided to you in relation to anything arising from the App. We make no representation or warranty:

• (1)That the material on this App is free from viruses or other defects;
• (2)to the accuracy of the information on this App;
• (3)To the accuracy of the information on any third party Apps that we may link to; and
• (4)That we endorse, sponsor or approve any information on third party Apps that we may link to.

To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

• (1) In the case of goods: the replacement of the goods or the supply of equivalent goods; or the repair of the goods; or the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of having the goods repaired, and
• (2)In the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.

You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.

If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

These Terms will be governed by the laws of Western Australia and the parties agree that they will submit to exclusive jurisdiction of the courts of Western Australia and courts entitled to hear appeals from those courts.

No variation or waiver of, or any consent to any departure by a party from a provision of this agreement is of any force or effect unless it is confirmed in writing signed by that party and then that variation, waiver or consent is effective only to the extent for which it may be made or given.

A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it.

Headings are for reference purposes only and do not affect interpretation.

Any reference to a party to this document includes its successors and permitted assigns.

We have different commission arrangements in place with each of our service providers, such as mortgage brokers and real estate agents. We only receive payment should you decide to use their services. This fee is paid by our service providers and not by you. This arrangement offsets the cost of providing our services to you.

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. We may update these terms without notice to you.

These terms and conditions are effective as of 8 August 2021

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at help@familylawassist.com.au.