Terms of Use

Welcome to Document Wizard

This webpage sets out our Terms of Use, which, together with our Privacy Policy, govern your use of the Document Wizard platform. If you are a lawyer admitted to practice law in your jurisdiction, subject to your compliance with these Terms of Use, you may use Document Wizard to create online instruction instructions forms ("instructions forms") for you or your clients to complete solely to generate draft documents using the responses provided to the instructions forms (each such document is described in these Terms of Use as a "Document") that you have been engaged by your client to draft. We do not provide legal advice or legal services. Our facilitation of the creation of an online instruction instructions form or the generation of a Document is not legal advice or a legal service.

In this Terms of Use, references to "we", "us" and "our" are references to DocuStream Pty Limited (ABN 18 602 580 290) of Level 2, 151 Macquarie Street, Sydney NSW 2000 Australia and references to "Document Wizard", this platform" or "the platform" are to this website and any online instructions form created using this website. The term "Intellectual Property Rights" means all registered and unregistered intellectual property rights throughtout the world, including but not limited to copyright, patents, trade marks and and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation and all rights to enforce any of the aforementioned rights. We can be contacted using the following details:

DocuStream Pty Limited
Level 2, 151 Macquarie Street
SYDNEY NSW 2000

DocuStream Pty Limitd is not a law firm and does not provide legal advice or legal services of any kind.

About these Terms of Use

You may only access, browse and use Document Wizard if you accept these Terms of Use. By accessing, browsing and/or using Document Wizard, you confirm that you have read and understand and wholly and unconditionally agree to be legally bound by these Terms of Use. We may modify and/or replace these Terms of Use from time to time without notice. We will upload the latest version to this webpage.

It is your responsibility to check these Terms of Use each time you access, browse and/or use Document Wizard to ensure that you have read and understand the latest version of these Terms of Use. If you do not wish to accept these Terms of Use, you must not access, browse and/or use Document Wizard at any time or for any purpose.

Intellectual Property Rights in Document Wizard

As between you and us, the Intellectual Property Rights in Document Wizard are owned exclusively by us and our licensors. Nothing in these Terms of Use assigns any Intellectual Property Rights in Document Wizard to you. Furthermore, you do not own any Intellectual Property Rights in any Documents or instructions forms. Nothing in these Terms of Use assigns any Intellectual Property Rights in any Documents or instructions forms to you.

You hereby assign all and any Intellectual Property Rights that you may have in any improvement or enhancement suggestions that you may make at any time with respect to Document Wizard. This assignment is effective immediately upon you disclosing each such suggestion to us. You consent to our infringement of any Moral Rights (as that term is defined in the Copyright Act 1968 (Cth)) that you may have in any such suggestions.

You have no right to scrape, mirror, duplicate, adapt, publish, store, data mine or create any derivative works from any content and/or graphics and/or other information and/or source code contained on or in Document Wizard, except as expressly permitted by these Terms of Use.

Use prohibited by other precedent and document automation providers

If you sell legal precedents, legal document precedents or provide software (online or otherwise) that can be used to generate legal documents, you are expressly prohibited from accessing, using and browsing Document Wizard.

Limited licence

Subject to the foregoing provisions, if you are a lawyer admitted to practice law in your jurisdiction, subject to your compliance with these Terms of Use, we hereby grant you:

(1) a non-exclusive, non-assignable, non-sublicensable right to access, browse and use Document Wizard to create instructions forms for you or your clients to complete solely to generate Documents that you have been engaged by your client to draft; and

(2) a non-exclusive, non-assignable, non-sublicensable right to download, copy and modify Documents for your own use only.

(collectively, the "Licence").

In consideration for the grant of the Licence to you by us, you agree to comply with these Terms of Use and pay us for each instructions form that is completed by you or any of your clients.

You may not make any use of Document Wizard except as expressly permitted by the Licence and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with our Intellectual Property Rights. Without limiting the foregoing provisions, you agree and acknowledge that except as expressly permitted under the Licence in paragraphs (1) and (2) above, you must not and shall not, and will not permit any person to:

(a) licence, sublicence, resell, assign, transfer, distribute, or provide others with access to, Document Wizard or any part of Document Wizard;

(b) “frame”, “mirror” or serve any part of Document Wizard oon any web server or other computer server over the Internet or any other network;

(c) link to Document Wizard or any part of it without our prior written consent; or

(d) resell any Document, or copy, alter, modify, create derivative works from, reproduce, resell, distribute, transfer to a third party, reverse assemble, reverse engineer, scrape, reverse compile or enhance Document Wizard or any part of it (or the layout, design, look and feel or other component of Document Wizard (except as may be expressly permitted by the Copyright Act 1968 (Cth)).

DIY Document Generation

Document Wizard provides lawyers with a "Do-It-Yourself" (DIY) service, that allows them to generate Documents using our document automation technology platform. The responsibility for the accuracy, enforceability, legality and effect of the Documents generated lies solely with you. Lawyers must review each Document generated on Document Wizard to ensure that they are comfortable with its content before providing the Document to any client. We do not warrant that the Documents will be suitable for you clients' requirements. We do not provide any opinion as to the suitability of a particular Document for your clients. Any information provided on Document Wizard (including any questions or hints provided in any instructions form) is general information only and is not a substitute for your client obtaining legal advice. You are solely reponsible for ensuring that the Documents are suitable and meet your clients' specific commercial, technical, legal and other requirements and that all necessary legal advice has been provided to your clients.

What is included in the fees payable on Document Wizard?

It doesn't cost anything for you to create the instructions form or send a instructions form to a client. Payment is only required following completion of the instructions form. We charge a flat fee of $29.95 + GST to access a report with the responses to the instructions form and the generated Document. We don't charge any fee for the client to complete the instructions form. You can charge your client whatever price you negotiate with your client to draft a document.

Single use only

Each Document generated may only be used by you for one client's matter. You cannot use a Document that is generated on Document Wizard for more than one client. Each time you have a client that you wish to generate a Document for using Document Wizard, you must create and pay for a separate instructions form.

Accessing the instructions forms

The instructions forms are used to tailor the Documents generated on Document Wizard. You must only enter information into the instructions forms that you have a legal right to enter ("your content"). You hereby grant us a non-exclusive licence to use your content as necessary for us to facilitate your generation of Documents on Document Wizard. You indemnify us in relation to any claims that may be made against us relating to your content, including, but not limited to, claims that your content infringes the rights of any person.

Assisting clients who cannot complete the instructions forms

From time to time, clients may be unable to answer questions because they need your help or because they don't yet have the required information. Only mandatory questions (marked with an asterisk) need to be completed. Clients can leave comments for any question that they need help completing. If a client leaves a comment for you, you will be sent an email with a report highlighting those questions with the client's comments and a link that allows you to complete the instructions form for the client.

Amending the Documents

The Documents that are generated on Document Wizard using the responses provided to the instructions forms are made available to you in Microsoft Word format so that you can amend them in any way you deem appropriate.

No legal, tax or financial advice

We are not lawyers, accountants or business advisors. We do not provide legal advice or legal services. We do not provide accounting advice or tax advice, including but not limited to advice regarding GST, income tax, PAYG, stamp duty, capital gains tax or any other taxes or duties. We do not provide any financial advice. It is your responsibility to ensure that the Documents are suitable for your clients' requirements.

Limitation of liability

Our liability with respect to any instructions form created and for any Document generated using Document Wizard is limited to the amount that you pay us following completion of the instructions form to access a report with the responses to the instructions form and the generated Document.

In addition, if the Australian Consumer Law ("ACL") implies any consumer guarantee into these Terms of Use and the ACL enables us to limit our liability in relation to any breach of such guarantee, we limit our liability, at our option as follows: in the case of goods to: (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired; and, in the case of services we limit our liability, at our option to: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again.

To the extent permitted by law, we are not liable for indirect, consequential or incidental or special loss or damage, including but not limited to, liability for loss of profits, loss of revenue, loss of data or for any claims made by any third party in connection with any document you provide to them or for their use of Document Wizard.

Payments

Payments are processed on Document Wizard using a payment gateway provided by Stripe Australia Pty Limited (“Stripe”). We do not retain any credit card details(other than the last 4 digits of the card). To read about Stripe, please see https://stripe.com/au

Termination, discontinuance, suspension

We may need to take Document Wizard offline from time to time to conduct maintenance. We reserve the right to terminate, suspend or discontinue the operation of Document Wizard at any time. We reserve the right to refuse orders placed on Document Wizard by any person including any person who is in breach of the terms and conditions set out on this webpage.

Amendments to these Terms of Use

If we decide to change these Terms of Use, we will send you a copy or link to our revised Terms of Use or publish a copy on this webpage.