Terms of Use
These terms are between you and Doconade Lawyers (ACN 143 027 810)
These are the terms on which Doconade permits users (referred to as you or your) to:
- access and use the Doconade website and its subdomains at https://www.doconade.com, and Doconade’s services and functionality made available through the Website;
- Make a booking for online consultation at iLawyer that is a subdomain of https://www.doconade.com
- view and interact with any content, Information, communications, advice, text or other material, and online legal services provided by Doconade;
- upload content, including information, content, text or other material to the Website (User Content);
- communicate with Doconade Lawyers.
You agree to be bound by these terms when you use, browse, make a booking, or access any part of the Website.
Doconade may from time to time review and update these terms including to take account of new laws, products or technology. Your use of the Website will be governed by the most recent terms posted on the Website and provided to you via the Website. By continuing to use the Website and order the services from the Website, you agree to be bound by the most recent terms.
I. Overview
- Doconade will not be liable for any damages (including direct, indirect, consequential, incidental and exemplary) in the event that this site is unavailable to users (by virtue of interruption, suspension or termination) for any reason, including due to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities.
- To the maximum extent permitted by law, Doconade will be under no liability to users in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of your use of the Website (including services and functionality made available through the Website, the Website Content or User Content), including loss caused by Users’ failure to provide all the information required if applicable.
- Although you may browse and make a booking on the Website without creating an account or providing your details, in order to access certain features and functionality of the Website, you may have to register as a user and obtain an account (Account) by providing all of the information required at registration (including your personal details) and agreeing to these terms. You warrant that you are of legal age to form a binding contract in the place where you are accessing the Website.
- Doconade accepts no liability whatsoever for the misuse of users’ passwords and Accounts. You agree to notify Doconade if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise compromised. You agree that you are entirely responsible for any and all activities that occur under your Account.
- Users shall not:
- bypass (or attempt to bypass) any security mechanisms imposed by the Website;
- damage or tamper with the operation of the Website;
- remove, modify or obscure any copyright, trade mark, or other proprietary right notices that appear on the Website;
- use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights.
- Any personal information submitted by you (whether personal information of you or another individual which you have the necessary consents to provide) to Doconade is subject to and may be handled in accordance with Doconade’s Privacy Policy. You agree that, by using the Website or communicating, make a booking for legal service with Doconade, you have read the Privacy Policy, understood its contents and consented to its requirements.
- You must not upload any personal Information of another individual to the Website unless you first make them aware of Doconade’s Privacy Policy and have their consent to upload such personal information.
- Doconade does not provide and has no control over communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
- Doconade will not be liable for any loss caused by your failure to complete an application for our services via the Website.
- These Terms and Conditions are subject to change at the sole discretion of Doconade Lawyers.
- Users warrant that all information they provide on the site is accurate, does not breach any law or the rights of any person.
- All intellectual property rights including copyright in the Website and Website Content is owned or licensed by Doconade or any of its related entities. You may not sell or modify the material or reproduce, display, distribute, or otherwise use the Doconade Content on this Website in any way for any public or commercial purpose without the express written authorization of Doconade.
- You will not copy or adapt the code or software that Doconade creates to generate its pages.
- You shall not ‘frame’ or ‘mirror’ any materials or third-party content contained on or accessible from the Doconade site on any other server or internet-based device without the advanced written authorization of Doconade.
- Doconade will not be liable for any damages (including direct, indirect, consequential, incidental and exemplary), if a user is not given, or does not obtain a job for any reason or if there is any deficiency or inaccuracy in the Website attributable to a lack of maintenance of the site or in relation to the accuracy, sufficiency or otherwise of your application for our professional services via the Website or your application for employment with Doconade, which may be advertised on our Website sometime.
- All users warrant that they have not relied on any representation made by Doconade which has not been expressly stated in these terms and conditions, or upon any descriptions, illustrations or specifications contained in any document including publicity material produced by Doconade.
- On lodging material, users indemnify Doconade and its officers, employees and agents against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) made against or suffered by any of those indemnified arising, in whole or in part, as a result of your application, or any activity that is expressed in these terms and conditions to be the responsibility of the user, or breach of these Terms and Conditions.
- Doconade does not monitor your data or transmissions, yet, Doconade does actively monitor accounts for system utilisation. Upon any breach of these terms, or inappropriate use of Doconade’s services and the Website as determined by Doconade in its sole discretion, Doconade reserves the right to terminate your Account. Doconade’s preferred course of action is to advise you of your inappropriate use or breach of these terms and recommend any necessary corrective action.
- The Website may contain links to other websites. We have not reviewed all of the third-party websites linked on the Website and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). Doconade provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.
- Facebook, LinkedIn, Twitter, Instagram, YouTube and other third-party websites which are linked to the Website, are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these third party linked sites, you do so at your own risk. Doconade is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. Doconade is not responsible for and will not be liable in respect of any incorrect link to an external website.
- We make no representation or warranty that any offering or content accessible through the Website is appropriate or available for use in locations outside Australia. If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access the Website from any location where doing so would be illegal.
- You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia, you will be responsible for checking whether such restrictions apply before using the Website, downloading Doconade Content or uploading User Content. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.
- These terms are governed by and must be construed in accordance with the laws in force in Australia. The parties 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, its performance or subject matter.
II. Privacy Policy
1. Kinds of information we receive
We collect, receive, use, disclose and manage the following types of information:
‘Personal data‘ or ‘personal information‘ which is information or an opinion about an identified natural person or reasonably identifiable natural person, whether true or not and whether it is recorded in a material form or not. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Examples include: an individual’s name, date of birth, signature, address and contact details, occupation, employment history, family situations, bank account details, credit or debit cards, Paypal account, financial and tax information, IP address.
‘Sensitive information‘ is a sub category of personal information and includes information or opinion about an individual’s racial or ethnic origin, political opinions and affiliations, religious or philosophical beliefs, membership of professional or trade associations or of a trade union, sexual orientation or practices, criminal record, health information including information about physical and mental health, notes on symptoms, diagnosis, disability and treatment, information about suitability for work and other health related information.
‘Government Related Identifiers‘ (‘GRI’) are numbers, letters or symbols assigned by a State or Territory authority or agency to identify an individual or verify identity.
Examples are Tax File Numbers, Medicare Numbers, Centrelink References, Driver’s License Numbers and Passport details. We only collect, receive, use, disclose or manage GRI in accordance with the law.
The words ‘information about you’ refers to personal and sensitive information (or special categories of information) and GRI managed by us.
2. Why we collect and process information about you
We collect, receive, use, disclose and otherwise process the kinds of personal information set out above only where it is reasonably necessary for us to do so. The general purposes for processing your personal information, the main consequences (if any) if the information is not provided and the legal basis for such processing are set out below:
If you are a client or prospective client we collect, receive, use, generate, disclose and otherwise process information about you that is reasonably necessary for the primary purpose of providing legal services.
If we are required to process special categories of personal information in order to provide legal services to you (for example, your medical records), we will obtain your consent prior to doing so.
If you are a visitor of our website, we collect, receive, use, generate, disclose, it is in our legitimate interest to use your personal information in order to provide legal services and conduct and manage, and improve our legal services business.
We also process information about you for the following related purposes:
- determining if we are able to assist you with your legal matter;
- assessing and processing inquiries and requests for legal services;
- securing litigation and/or disbursement funding;
- market research and analysis;
- recovering moneys that you may owe us; and
- to inform you about any relevant legal services provided by us.
We will process your information where necessary to comply with a legal obligation to which we are subject.
You are not obligated to provide the requested information about you. However, if it is not given we will be unable to provide the legal services you require.
It is in our legitimate interests to engage third party service providers to administer and manage our legal services business.
Where you provide us with personal information about someone else, you must have their consent to provide their personal information to us based on this privacy policy.
3. How we collect the information about you
Most information about you is collected directly from you and with your authority:
- Directly from you
- In writing either by papers or electronics
- From phone calls between you and us
- From documents provided by you
- Data from our website and the internet as a result of receiving bookings, contact forms, or emails.
4. Usual use or disclosure of information about you
We disclose information about you to the following third parties or entities outside of Dev Smith Nguyen where it is reasonably necessary for the purposes set out in Section 2 above:
- courts, tribunals, ombudsmen, commissions and regulatory authorities (information provided to courts and tribunals may be made available to other parties to the litigation and will be on the public record);
- other parties involved in your matter and their solicitors (for example, counter parties to litigation or a transaction);
- third parties or entities who assist us in providing legal services or who provide services to you, or who provide services to us including recruitment services, data storage, distribution and mailing services, direct marketing, technology support services, and business development services;
- insurers;
- litigation and disbursement funders;
- unions;
- market researchers and analysts;
- any entity or person with your authority.
We have contractual arrangements with our service providers which require them to protect your personal information in accordance with the Privacy Laws, including that they only use it for the purpose for which it is disclosed.
5. Additional uses of information about you
We may also use information about you to inform you of matters that may be of interest to you, such as direct marketing information to inform you of improvements or expansion of services we provide, changes to the law or potential legal claims that you may have. Your name and address may be provided to a mailing house for those purposes. If you do not want us to use information about you in this way, please advise the lawyer handling your matter or emailing support@doconade.com.au
We will only process your information in this way if you have provided consent and have not unsubscribed from our email marketing service.
We may also use information about you within Dev Smith Nguyen to help enhance the quality of legal services we offer to other clients or to the wider community.
III. iLawyer – Online Consultation
Payment
You book the appointments for the online consultations with our lawyers via iLawyer, using the buttons, forms, and functions from the Website. Doconade partners with Payment Services Providers (Stripe and PayPal) for purposes of collecting all payments from online bookings. In most locations, bookings on Doconade can be made by using one of the following payment methods: Credit Card, PayPal. To protect against fraud, unauthorized transactions, claims or other liabilities, payment information in connection with online service is collected by either Doconade or Doconade’s Payment Services Providers (Stripe and PayPal). Payment Services Providers (Stripe and PayPal) may also collect such other information as necessary for proposes of processing payments. Doconade is not exposed to the payment information provided to Payment Services Providers (Stripe and PayPal), and this information is subject to the privacy policy applicable to the Payment Service Provider. By using any payment method and/or providing payment details for bookings on Doconade, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Doconade; and (d) such actions do not violate any applicable law.
Local Currencies – You may pay on Doconade Website for online service in several different currencies. All currency exchange services in connection with payments in local currencies are performed by Doconade’s Payment Services Providers (Stripe and PayPal). In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
Taxes – You may be charged with indirect taxes (such as VAT or GST) depending on your residency, location and any applicable law, in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to you before payment. You agree that you are responsible to comply with all tax requirements applicable to you, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on our website are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.
Handling Online Bookings
When you make a booking for online consultation, you are notified by the emails for confirmation scheduling, scheduling reminders for 3 hours before your appointment started, or rescheduling confirmation if you choose rescheduling your appointment.
You also receive the receipt of your payment as soon as your payment is successfully processed.
You are required to meet the appointment time that you have chosen when you are on your booking process. Failing to do so will allow Doconade to cancel your booking.
You must describe the exactly your legal issues or send related documents that you intend to book an online consultation with Doconade
If you upload your documents, you are responsible for scanning all transferred files for viruses and malware. Doconade will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
Online Consultation
Reviews
Doconade will send an email to ask for your feedback reviews after completing a legal service.
Feedback reviews provided by Doconade after completing a legal service is an essential part of Doconade’s professional system. Reviews demonstrate the client’s overall experience with Doconade. Clients are encouraged to communicate to Doconade any concerns experienced in regards to the service provided by Doconade.
Leaving your feedback is your choice. Feedback reviews will not be removed unless there are clear violations of our Terms & Conditions and/or our Community Standards.
Feedback comments given by clients are publicly displayed on our Website and our Google Business Page.
Cancellation & Rescheduling
5.1. Cancellation
An online appointment is not subjected to cancel if that appointment is scheduled and confirmed.
All payments are made for online consultation services are non-refundable. If clients do not meet the appointment time, their appointment will be automatically cancelled and Doconade will not refund the amount of money that clients paid while they are made a booking on Doconade’ Website.
In rare circumstances where Doconade finds the appointments that are violated with our Terms & Conditions, Privacy Policy, Community Standards, or against Australian Law, we may cancel those appointments without notify you before cancellation. In such cases, the amounts paid for that appointment will be returned to the client’s payment method after deducting fee and cost arisen from the whole process that Doconade has been incurred.
5.2. Reschedule Your Appointment
Though clients can not be cancelled their appointments, they can reschedule their appointment to another convenient time.
Clients use the Reschedule button on their confirmation email to reschedule their appointment to another convenient time.
Reschedule appointment is not allowed later 12 hours before the original appointment is started.
Clients can reschedule their appointment to another time but new appointment must be the exact service and fee that is from the original appointment.
Each appointment is allowed to reschedule for one time. This means, you will not be able to reschedule your appointment in case of your appointment already rescheduled.
