Terms & conditions

_{Last updated: 14 July 2020}

The services are provided by Trade Promotions and Lotteries Pty Ltd (ACN 601 297 330) through the website www.tpal.com.au.

Please read these user terms carefully before using our service

These terms and conditions apply to the use of this website including the purchase of services. This Agreement contains the complete terms and conditions that apply to users and others who interact with TPAL. By using or accessing TPAL, which you may access in several ways, including but not limited to the web, mobile phones and tablets, constitutes your acceptance of and agreement to all of these terms and conditions and the privacy policy, and your representation that you are eighteen (18) years of age or older and capable of entering into legally binding contracts.

If you object to anything in these terms and conditions or the privacy policy, you are not permitted to use the website and the services offered by TPAL.

These terms and conditions apply whenever you access the website, regardless of how you access the website. By using the service, you agree to be legally bound and to abide by the terms and conditions, just as if you had signed this agreement. If you do not comply and/or continue to comply with the terms and conditions, TPAL may terminate your right to access the service.

Definitions and interpretation

In these terms and conditions:

"TPAL" means Trade Promotions and Lotteries Pty Ltd (ACN 601 297 330), its agents, officers, employees, contractors, successors and advisers;
"We" and "us" refer to TPAL and "our" has a similar meaning;
"Content" means any and all data, text, document, software, images, audio or video material and other content, in any medium, provided by TPAL to you;
"Document" means a document you order which is generated by our service;
"Lawyer" means an Australian legal practitioner as defined under the Legal Profession Act 2004 (NSW) or under any corresponding law in any other jurisdiction;
"Master documents" means the master documents on which the documents you order are based, depending on the information you provide when using our service;
"Product" means a document or other service which you order using our service;
"Professional adviser" means a lawyer concerning whether a document or product is appropriate or suits your needs or its legal implications
"Service" includes any information on our website including Content, the interface, user system, and document merging engine and the menu of legal documents you order, and the services which we provide to you which are ancillary to these services, including telephone or email helplines;
"You" means the person using our service, including a person using our service as agent of another person in which case 'you' means the agent or the agent's principal, or both the agent and the agent's principal.

The singular includes the plural and vice versa.

A reference to currency is a reference to Australian dollars.

You agree that each of these definitions has the same meaning wherever they appear on our website.

Accessing or using the website

You acknowledge and agree that although we will use all reasonable efforts to ensure that the services are available, temporary interruptions of the services available through the website may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.

All content and services provided on or through this website are provided "AS IS" and "AS AVAILABLE" for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this website is solely at your risk.

We reserve the right to withdraw or amend the services and Content we provide on the website without notice. We may restrict access to some parts of or the entire website, from time to time. Agreement posted on TPAL reflects the latest agreement and you should carefully review the same before you use our website.

If you wish to become a member or user(s) of TPAL, please read these terms and conditions of use carefully before using and placing an Order for the services offered by TPAL.

You understand and agree, however, that you will use TPAL including its tools and services with full responsibility and in a manner that is consistent with these terms and conditions and in such a way as to ensure compliance with all applicable laws and regulations.

If you use our service in any way, you will do so on the basis of the disclaimers on the relevant pages and the following terms and conditions as they apply at the time. Please read them carefully. At the end of these terms and conditions, you will be given the choice of accepting or rejecting the terms and conditions. If you accept them, you may use our service, including to order a product. If you reject them, you will not be able to use our service in that way. When you place your order for any product, you agree to have read the relevant terms and conditions carefully.

Scope of services

TPAL is a facilitator who carries out the services for its users.

The services allow for users to:

Place orders for permit application service,
Auto-generate and download promotion Terms and conditions based on user inputs and TPAL document templates,
Submit a request for TPAL to perform random draw(s),
Submit a request for TPAL to manage, as an authorised agent, the application process, based on information provided by the user via the online form, with the relevant government (state or territory) department on the applicant and/or user's behalf,
Receive certain email reminders of specific events,
Receive certain suggestions for compliance events

Use of service

TPAL is not a government or regulatory body, law firm or permit application provider.

TPAL facilitates the connection between users/applicants and relevant State/Territory government or regulatory body processing, approving or granting the license or permits for promotions and lotteries conducted by users/applicants.

TPAL acts as an Authorised Agent to submit the application form, filled in by the user/applicant, to the state/territory regulatory body nominated by the user/applicant. TPAL offers information and method to connect to relevant state regulatory body to submit permit applications. TPAL reserves the right to submit the application for a permit application, using any method deemed suitable.

TPAL agrees to provide you with a licence to order products from our service on the condition that you accept these terms and conditions and pay our fees in the way required. The licence is not exclusive and is not transferable. The licence begins on the day you use our service, and ends in accordance with these terms and conditions (see below).

Order process

TPAL generates the relevant State/Territory permit applications forms on the website.

If you are interested in placing an order, then you can place an order through the website.

You must register an account on the website to place an order.

Place the order for permit application, appointing TPAL as an authorised agent of the user/applicant to submit, withdraw or manage including re-submission or attending to information requests related to the permit application with the relevant state regulatory body, or
Add an order for TPAL to assist with the promotion's random draw, or
Add an order for auto-generated Terms and conditions

Payment for the Order must be made through the website, at the time of placing the Order if paid via credit card, or via BPAY/EFT which will defer the delivery of the submission or download of the datafilled application forms.

You agree that you are solely responsible in verifying the data filled in or submitted to the relevant regulatory body.

If you ask TPAL to perform a random prize draw, we will base the draw on the entries you provide and will therefore assume that all entries to the competition have been treated equally and that no person has received an unfair advantage or unfair gain prior to the draw. It is your responsibility to provide a complete and unbiased set of entries to us.

You agree that by using TPAL, you understand and acknowledge that TPAL provides you with an online platform to submit permit applications to relevant regulatory bodies via TPAL or any other Service from time to time on or for your benefit and therefore TPAL:

does not warrant or guarantee that you will find suitable services for your specific requirements.
does not accept responsibility for any of the information submitted to any regulatory body,
will not be liable for any and all injuries, illnesses, damages, claims, liabilities, losses and costs suffered by or related to any services ordered by the user/applicant data inputs.

Order payments and TPAL fees

TPAL uses third party merchant facilities to process payments. TPAL is not responsible or has any control over any third party merchant facilities. users/applicants acknowledge and agree that TPAL will not be liable for any loss or damage arising out of their use of a third party payment gateway.

All prices shall be shown in AUD excluding GST where applicable, and/or delivery costs.

Users/applicants acknowledge and agree that they are liable to pay the state/territory regulatory application fees, which shall be transferred into the TPAL account at the time of placing the order if TPAL is acting as the authorised agent.

TPAL service fees shall be as follows:

$215 to $290, if TPAL submits, withdraws or manages or attending to information requests related to the permit application with the relevant regulatory body on behalf of the user/applicant, or
$215, if TPAL re-submits, withdraws or manages or attending to information requests related to the permit application with the relevant regulatory body on behalf of the user/applicant, or
$150 for a random draw, or
$245 to auto-generate a single use Terms and conditions document that cannot be modified or used for any future promotions.

You can not cancel an order once it has been submitted through our website.

Acknowledgements

TPAL agrees that:

it has taken all reasonable steps to prepare the master documents, to ensure that they are accurate and appropriate for the type of document you order, and to provide all information, commentary, advice and other documents (including sample letters), subject to these terms and conditions;
all your personal and billing information that is identifiable to you will be kept confidential. We will not disclose that information (in a way that makes the information identifiable to you) to anyone else without your consent unless required to do so by law; and
the products you order through our service will, if relevant, be delivered electronically to you on the earlier of when you download them or when you click to have us send them to you by email to the email address you have nominated.

Registration and account security

As users of TPAL you commit to us relating to registering and maintaining the security of your account:

You will not provide any false personal information on TPAL, or create an account for anyone other than yourself without permission.
You will not create more than one personal profile.
If we disable your account, you will not create another one without our permission.
You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
You will keep your contact information accurate and up-to-date.
You will not do anything that might jeopardize the security of your account.
You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.

Limitations on use

TPAL agrees that you will have a licence to use the products that you order using our service.

In relation to your use of our service and the products you order, you agree that:

you must not use any part of the documents in connection with creating another document;
you must not use any part of the products for any purpose except the specific purpose for which they were ordered;
you must not copy any part of the documents for any purpose except in relation to the transaction for which they were ordered;
you must not modify the products in any way that may compromise TPAL after they are sent to you;
you must not interfere with, alter or attempt to copy or reproduce any part of our service or the products you order while using them; you must not incorporate any part of our service in any other program, system or document creation package; and
you must not represent that the documents ordered using our service were created by your own resources, or those of a third party (other than our resources or those of anyone else who signs-off and endorses for us the master documents from which your documents are generated).

No legal advice

You agree that:

we cannot, and do not, give you legal advice;
the company that owns and operates www.tpal.com.au (Trade Promotions and Lotteries Pty Ltd) is not a law firm;
our service provides information to help you answer the questions and to order a product and that that information is information only, not advice;
we can not and do not warrant that a product you decide to order is appropriate or suits your needs;
we can not and do not warrant that your use of our service is appropriate or suits your needs;
the legal and commercial effects of a product vary and a product's suitability will therefore vary according to particular circumstances;
only you know the purpose for which you intend to apply a product you order and that we are not responsible for the choice you make regarding the product that you order;
you must consult with a lawyer for advice concerning the suitability of a product you order using our service;
TPAL does not warrant accuracy for the information, commentary, advice and other documents (including sample letters) which appear on our website; and
TPAL disclaims responsibility for the information, commentary, advice and other documents (including sample letters) which appear on our website

Generated documents depends on your answers

You agree that:

certain information and particular clauses from the master documents are included in the documents you order as a result of the answers you provide to questions you answer when using our service;
certain information is included in the products you order as a result of the answers you provide to questions you answer when using our service;
you are fully and solely responsible for the information included in a product as a result of the answers you give to the questions; and
we are not responsible for any mistake that you make in understanding the questions or how to answer them.

Indemnity

You agree that you indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or a third party suffers:

because the product you order is not suitable for its intended purpose or does not suit the relevant circumstances;
because you fail to obtain formal advice from a professional adviser concerning whether the product you choose is suitable for its intended purpose or is suitable for particular circumstances;
because of the answers you provide to questions asked of you when using our service;
because you do not answer all questions completely and accurately;
because you modify the products after they are provided to you; or
because you breach these terms and conditions in some other way. You agree that you continually indemnify us against any cost, loss, liability, or damage incurred as a result of your use of our service.

Our partners

TPAL may promote to you, or refer you to, products or services of a third party (Partner).

When you use a Partner's website, or services available from that website:

TPAL is not responsible for those services or any information or hyperlinks contained on that website;
TPAL provides access to those services for convenience only and does not endorse the Partner or the services available from that Partner's website;
you access that website, and services available from that website, at your own risk;
it is for you to decide whether you will, or should, rely on the Partner's services; and
you agree with TPAL that you acknowledge the disclaimers made by that Partner and that you will comply with any separate terms and conditions which the Partner applies, and requires you to consent to, in respect of those services.

Website contents

You agree that:

each time you order a product from us you agree to the then current version of these terms and conditions
we do not warrant the accuracy or appropriateness of the contents of our website;
the legal information and commentary on our website is general only and that TPAL does not endorse it and disclaims responsibility for it;
our website may contain hyperlinks and pointers to other websites and that we are not responsible for any information or other hyperlinks contained in these websites;
we provide the hyperlinks and pointers to you simply for your convenience and we are not endorsing any of them;
you access these other websites at your own risk; and
it is for you to decide whether these other websites should be relied on.

Termination

We may terminate your access or use or account for any reason at any time. If you are using a paid version of the service and we terminate your access or use of the service because you have breached this Agreement, you will not be entitled to any refund of unused fees.

If you violate these terms and conditions, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of TPAL to you. We will notify you by email or at the next time you attempt to access your account. You may terminate your access, or delete your account or disable your application for any reason at any time. Even after your account is terminated, certain sections of this Agreement will remain in effect.

Disputes

The parties shall first attempt to resolve any claim, cause of action or dispute ("claim") arising out of or relating to these terms and conditions, in an amicable manner by mediation with a mutually acceptable mediator based in Sydney, Australia prior to commencing any legal action. The laws of the State of New South Wales, Australia will govern these terms and conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in the State of New South Wales, Australia for the purpose of litigating all such claims.

TPAL will use reasonable endeavours to mediate any disputes concerning the services, excluding disputes arising with the relevant regulatory bodies. If you raise a dispute as to the quality of the services, then we may contact you to get further information and carry out investigation and notify you about the outcome of the investigation.

If anyone brings a claim against us related to your actions, content or information on TPAL, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

Exclusion

You use TPAL at your own risk. We provide the service on a “as is” basis without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for particular purpose, and non-infringement. We do not guarantee that TPAL will be safe or secure. TPAL is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with these terms and conditions or your use of the services offered by TPAL or the liability or fitness of any regulatory body, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this terms and conditions or TPAL will not exceed the greater of $215 or the amount you have paid us for carrying out the services.

Where the above limitation or exclusion of liability, or incidental or consequential damages is not permitted by law including under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified, then such provision shall be deemed severable from this agreement and the other provisions shall remain in full force and effect, and TPAL excludes all rights, liabilities, remedies, conditions and warranties in respect of goods or services from your use of TPAL whether based in statute, common law or otherwise to the fullest extent permitted by applicable law.

As a condition of your access to and use of the services, you agree to indemnify TPAL and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:

your access to and use of the services; or
your breach of these terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Limited liability

You agree that if we are prohibited by law from excluding all implied warranties and conditions, then our liability will be limited to, at our option:

replacing the document you used our service to order;
supply of some equivalent document;
amendment of the document; or
the payment of the cost of such replacement, supply or amendment.

You agree that:

to the extent that we are not prohibited by law from limiting our liability, then our liability is limited, including in respect of any liability that arises as a consequence of our negligence;
our liability to you for any matter related to the subject matter of these terms and conditions will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage; and
we are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our service.

We do not warrant that the operation of our service will be uninterrupted or that our service is virus free or error free.

Intellectual property

You agree that:

we remain the owner of all of our interest in the intellectual property and know-how that resides in the documents and our service; (b) you are licensed to use our service for the sole purpose of ordering documents and other specific services outlined on the website; and
you get no property right whatever in relation to our service, and no ownership in the copyright of the documents that you order.

TPAL owns all of the rights, title and interest in relation to the user content and information you post through the website, or through the Service or application and you automatically assign all rights, title and interest, absolutely in the content and information you post and share through TPAL.

Recovery for breach

If we discover that we have lost revenue through your misuse of our service or your breach of these terms and conditions, then you agree that we may recover from you each of the following:

the revenue we have lost;
our costs of discovering our loss and the extent of it;
our costs of recovering the revenue; and
default interest on any amount owing under this clause.

Also, if we can show that we have lost revenue through your misuse of our service or breach of these terms and conditions, then you agree that we have the right to audit your operations (at your cost) to determine the extent of our loss.

This clause does not limit in any way the recovery by TPAL of all other amounts from you which are recoverable at law in respect of any breach of these terms and conditions by you.

Licence (end)

You agree that:

the licence to you is limited to the creation of the documents for which you have paid and that once those documents have been ordered, the licence ends;
your licence will also end if you breach any material obligations contained in these terms and conditions; and
if you breach any material obligation contained in these terms and conditions, then we may deny you any further access to our service.

Payments

Our standard arrangement is for you to pay us online by credit card through an online payment system set up through our website, or via BPAY/EFT. The Merchant is Trade Promotions and Lotteries Pty Ltd of Level 2, 11 York Street, Sydney NSW 2000 Australia.

At the time you place an order through our website to apply for any government registration etc. (for example, a permit application), we electronically provide you with our invoice for any government fees etc. that we pay (or arrange to be paid) on your behalf as part of lodging your application. You must pay us the amount of those government fees etc. at the time of lodgement of your order.

If you do not make payments at the time of lodgement of your order, then we may — at our absolute discretion, and without giving you notice — do any one or more of the following:

suspend or terminate the order;
use amounts you pay us to pay-off any amount you owe at our choice — for example, we may first pay-off any amount you owe us in respect of government fees we have paid;
set our system so that you no longer have access to document packages you have ordered from us in the past (regardless of whether you have paid for them);
charge default interest on any amount you owe us.

Refunds, returns, exchanges

You agree that because of the nature of our products, we are most unlikely to allow any refunds, returns, or exchanges and that we provide refunds at our absolute discretion, in exceptional circumstances.

You agree that to apply for a refund, a return, or an exchange, you must write to us setting out:

the intended purpose to which the documents or service were to be applied;
the identity and contact details of the person for whom you purchased the product (we may contact that person to discuss, and request copies of, the documents you have provided to them);
the reasons that you want a return, a refund, or an exchange;
copies of the materials or documents you have provided to that person in place of the TPAL product in relation to which you now want a refund, a return, or an exchange; and
any other information or materials we ask for that we believe is relevant to our decision.

Jurisdiction

These terms and conditions are governed by and are to be read and interpreted according to the laws of the State of New South Wales. Each of TPAL and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in that jurisdiction. You may not argue, on the basis of the doctrine of forum non conveniens or any other basis, that the courts of that jurisdiction should not exercise jurisdiction.

If you want to set up an account at TPAL, you must agree to our terms and conditions. If you don't agree, then you can't buy anything through our system.

Other

These terms and conditions is an agreement between you and TPAL. These terms and conditions and privacy policy collectively makes up the entire agreement between the parties regarding TPAL, and supersedes any prior agreements. If any portion of these terms and conditions is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these terms and conditions, it will not be considered a waiver. Any amendment to or waiver of these terms and conditions must be made in writing and signed by us. You will not transfer any of your rights or obligations under these terms and conditions to anyone else without our consent. All of our rights and obligations under these terms and conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these terms and conditions shall prevent us from complying with the law. These terms and conditions does not confer any third party beneficiary rights. You will comply with all applicable laws when using or accessing TPAL. This agreement will remain in full force and effect while you use TPAL. TPAL reserves the right to change and update these terms and conditions without any notice to you. Continued use of the Website will be deemed to constitute your acceptance of those changes.

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