Hearsay is a podcast for lawyers and anyone interested in the law. Hearsay offers audio and multimedia content to help you to meet the requirements of the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015, or the equivalent continuing professional development rules which apply to any practising certificate that you hold (CPD Rules).
These terms and conditions (Terms) are a contract between Lext Australia Pty Ltd ACN 634 540 864 trading as Hearsay the Legal Podcast (Hearsay, we, us or our) and you, meaning the person accessing or using the Platform. Each of you and us is a Party to these Terms. These Terms also incorporate our Privacy Policy, which you can access and read here[link].
We provide a platform where listeners can access educational multimedia content including audio recordings, infographics, transcripts and summary papers (Content), and track the Content they have accessed for the purpose of recording their compliance with the CPD Rules (Platform). The Platform is available for access at www.htlp.com.au.
If you are using the Platform on behalf of your employee, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
Acceptance
You accept these Terms by clicking “I accept” when registering to use the Platform, or by using the Platform or our services.
If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf. If you are a parent or legal guardian allowing a minor to access and/or use the Platform, you agree to: (1) supervise the minor’s use of the Platform; (2) assume all risks associated with, and liabilities resulting from, the minor’s use of the Platform; (3) ensure that the Content on the Platform is suitable for the minor; (4) ensure all information submitted to us by the minor is accurate and (5) provide the consents, representations and warranties contained in these Terms on the minor’s behalf.
We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms by emailing us at enquiries@htlp.com.au and requesting in writing that we delete your Account.
Annual Subscription Fee
The Platform allows you to access Content, and track the Content you have accessed, in consideration for you paying an annual subscription fee (Annual Subscription Fee).
The Annual Subscription Fee is paid through a third-party service called Stripe. You consent to our use of Stripe, or any similar third-party payment processing service, for the purposes of processing your Annual Subscription Fee payment.
The amount of the Annual Subscription Fee is disclosed to you at the time you register to use the Platform. We may change the Annual Subscription Fee from time to time.
Unless you request that we cancel your subscription at least 30 days before the next anniversary of the date on which you subscribed (Subscription Date), the Annual Subscription Fee will be automatically charged to the most credit card details provided by you on each anniversary of the Subscription Date. For example, if you subscribe as a sole practitioner on 1 November, the Annual Subscription Fee will be automatically charged to your nominated account on 1 Novemeber each year thereafter, unless cancelled before 2 October.
In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.
Self-assessment of CPD compliance
If you are an Australian legal practitioner (as that term is defined under the Legal Profession Uniform Law 2015 (NSW), you:
- acknowledge and agree that:
- you are personally responsible for ensuring that you comply with the CPD Rules;
- you are personally responsible for self-assessing that accessing Content extends your knowledge and skills in areas that are relevant to your practice needs or professional development, such that you are entitled to claim a Continuing Professional Development unit under the CPD Rules;
- release us from, and indemnify us and must keep us indemnified in connection with, all claims, losses, liabilities and costs of any kind suffered or incurred by you as a result of any failure by you to comply with CPD Rules.
We give no warranty that accessing the Content will cause or permit you to meet the applicable requirements of the CPD Rules.
Accounts
You must register on the Platform and create an account (Account) to access the Platform’s features. You may only have one Account on the Platform.
You must provide certain basic personal information when registering for an Account including your name, your business name (if any), your mobile telephone number, your billing address and your email address, and you must choose a password. Any information you provide to us will be treated in accordance with our Privacy Policy[link].
You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.
Your Account is personal and you must not transfer it to others or allow others to access it, except with our written permission. If a legal entity such as a company has created an Account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.
You are responsible for keeping your Account details and password confidential and you will be liable for all activity on your Account. You agree to immediately notify us of any unauthorised use of your Account.
Communication
We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as by text message or email. You consent to us contacting you by these means.
Content
In consideration for payment of the Annual Subscription Fee, we will allow you to access Content on the Platform.
Unless otherwise indicated, we own all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms: (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform on your devices and access and view any Content, in accordance with these Terms. All other uses are prohibited without our prior written consent.
Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.
The Content is not comprehensive and is for general information purposes only. The content is not legal advice. The Content does not take into account your specific needs, objectives or circumstances. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Warranties
You represent, warrant and agree that:
- you will not use our Platform, including the Content, in any way that competes with our business;
- there are no legal restrictions preventing you from entering into these Terms;
- all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
- you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes) unless expressly stipulated in these Terms; and
- you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform.
Australian Consumer Law
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).
If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
This clause will survive the termination or expiry of these Terms.
Exclusions to liability
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
- your or your personnel’s acts or omissions;
- any use or application of the Platform by a person or entity other than you, or other than as reasonably contemplated by these Terms;
- any works, services, goods, materials or items which do not form part of the Platform (as expressed in these Terms), or which have not been provided by us;
- any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
- the Platform or Content being unavailable, or any delay in us providing the access to the Platform or the Content to you, for whatever reason; and/or
- any event outside of our reasonable control.
This clause will survive the termination or expiry of these Terms.
Limitations on liability
Despite anything to the contrary, to the maximum extent permitted by law:
- we will not be liable for Consequential Loss;
- our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your personnel); and
- our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us repaying you the amount of the Annual Subscription Fee paid by you to us.
This clause will survive the termination or expiry of these Terms.
Termination
Your Account and these Terms may be terminated by you at any time, by emailing enquiries@htlp.com.au and asking us to delete your Account.
We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience).
We may suspend your Account or terminate these Terms immediately upon written notice to you, if:
- you (or any of your personnel) breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
- there is any reason outside our control which has the effect of compromising our ability to provide you with access to the Platform; or
- you are unable to pay your debts as they fall due.
These Terms will terminate immediately upon written notice by you, if we:
- are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
- are unable to pay our debts as they fall due.
Upon expiry or termination of these Terms:
- we will remove your access to the Platform;
- you agree that other than where termination is due to our Termination for Convenience any payments made by you to us are not refundable to you;
- where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our additional costs arising from, or in connection with, such termination.
Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
This clause will survive the termination or expiry of these Terms.
General
Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
Email and text message: You agree that we are able to send electronic mail and text messages to you and receive electronic mail and text messages from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
Governing law: These Terms governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 4 business days in the case of post, or at the time of transmission in the case of transmission by email.
Online execution: These Terms may be executed by means of such third party online document execution service as we nominate subject to such execution being in accordance with the applicable terms and conditions of that document execution service.
Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Definitions
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Intellectual Property means all intellectual property, and includes any domain names, know-how, inventions, processes, trade secrets, confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of the Intellectual Property.
Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any enquiries about these Terms, please contact us at:
Hearsay, the Legal Podcast
Email: enquiries@htlp.com.au
Last update: August 2020