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Terms & Conditions

  1. INTRODUCTION
    1. Welcome to the SnapLaw website located at www.snaplawonsentencing.com.au (“Website”) which is owned and operated by Ashley Halphen (ABN 37 068 667 287) T/A SnapLaw on Crime (“SnapLaw”, “Us”, “We”, “Our”).
    2. The Website is an online platform based in Australia that offers its Subscribers (as defined herein) legal information services, including but not limited to case law digests and other associated legal information such as legislation, case law, statistics, snapshots and practice notes (“Services”).
    3. Please read these Terms & Conditions carefully. By accessing and using the Website, you become user of the Website (“User”, “you”, “your”) and you agree to be bound by these Terms & Conditions and our Privacy Policy located at www.snaplawonsentencing.com.au/privacy-policy. These Terms & Conditions constitute a legally binding agreement between you and SnapLaw (“Agreement”).
    4. SnapLaw reserves the right to alter, modify, add to or change in any way, any provision of these Terms & Conditions without giving prior notice to Users. It is your responsibility to check the Terms & Conditions each time you use the Website.
    5. The Website is hosted by WP Engine. Your use of the Website may be subject to WP Engine’s Terms of Service which may be read here: https://wpengine.com/legal/terms-of-service/.
  2. DEFINITIONS

    1. For these Terms & Conditions the following definitions apply:

      “Account” means an account registered with the Website in accordance with Clause 3.2;
      “Agreement” has the meaning set out in Clause 1.3;
      “Anniversary Date” means the anniversary date (either annual or monthly) of the first Fee payment for a Subscription;
      “Billing Cycle” means the frequency (either annual or monthly) that the Fee will be payable to SnapLaw from and after the Anniversary Date as determined in Clause 3.4(b);
      “Checkout” means the process set out in Clause 3.4;
      “Data” means any data or information inputted by a User into the Website;
      “Fee” means the fees payable by a User to SnapLaw in order to purchase and maintain a Subscription (as defined herein);
      “Services” has the meaning set out in Clause 1.2;
      “SnapLaw”, “Us”,
      “We”, “Our” has the meaning set out in Clause 1.1;
      “SnapLaw Materials” has the meaning set out in Clause 10.1;
      “Subscriber” means a User that has purchased a Subscription (as defined herein) and created an Account as set out in Clause 3.1;
      “Subscription” means a periodic subscription (either annual or monthly as determined by the Billing Cycle) to the Website in order to access the Services; and
      “User”, “you”, “your” has the meaning set out in Clause 1.2.

  3. ACCOUNT, SUBSCRIPTION & CHECKOUT
    1. To become a Subscriber and access our Services, you must purchase (and pay all on-going Fees) for the Service. On providing your contact and billing information and paying for the Service in accordance with Clause 3.4, an Account will automatically be created that will contain a username and password. You will receive an email containing this information.
    2. You may create an Account at any time while using the Website or during Checkout. You are solely responsible for maintaining the confidentiality of your Account and Account password.
    3. The type of Subscription listed on the Website will specify the type of Services available, the Fee payable and any other relevant information in connection with that particular Subscription.
    4. To purchase a Subscription, you must complete the “Checkout” process whereby you must:
      1. select the Subscription type;
      2. enter your contact and billing information;
      3. agree to the Terms and Conditions and Privacy Policy; and
      4. submit the Fees payable via Stripe.
    5. Once Checkout is complete and the full Fees have been received by SnapLaw, the Services shall be made available via your Account in accordance with your purchased Subscription.
  4. RESERVATION OF RIGHTS
    1. SnapLaw reserves the right to change or cancel any of the Services and/or Subscription details offered, including but not limited to the applicable Fee and Services offered.
    2. For the avoidance of doubt, SnapLaw shall not be liable for any loss or damage resulting from any changes to or cancellations of the Services or Subscriptions.
  5. FEES & PAYMENT
    1. All Fees shall be paid via Stripe, such payment is subject to Stripe’s User Agreement which can be read here: https://stripe.com/en-au/checkout/legal
    2. After the first payment for the Subscription, the Fee payable for the following Billing Cycle will be automatically deducted on the Anniversary Date, unless cancelled in accordance with Clause 6.1.
    3. SnapLaw is not responsible for any payment processed (or not processed) and may offer other methods for payment from time to time.
    4. If SnapLaw does not receive the applicable Fee in full and on time, SnapLaw may cancel a Subscriber’s Subscription.
  6. CANCELLATIONS
    1. You can cancel your Subscription at any time via your Account, and you will continue to have access to the Services up until the end of your paid Billing Cycle. For the avoidance of doubt, your Subscription shall only be cancelled after your current Billing Cycle ends.
    2. To the fullest extent permitted by law, all Fees paid are non-refundable including for any unused periods in your Billing Cycle.
  7. DISCLAIMER
    1. The case digests on the Website do not replicate word for word the content found in the corresponding cases.
    2. These digests are summaries of relevant information and have been depicted in a way to maximise simplicity and brevity.
    3. The written information included in the case digests is believed to be reliable in the opinion of SnapLaw. However, no warranty or representation of reliability as to such information is given, and no responsibility is accepted by SnapLaw for loss arising in any way from or in connection with errors or omissions in information provided via the Website.
  8. WAIVER
    1. You agree the Services (including all information and other content therein) shall not constitute legal advice and no legal relationship is formed by your use and access to the Services. The Services are not intended to replace or substitute a legal professional’s independent judgment and advice.
    2. For the avoidance of doubt, SnapLaw is not liable (directly or indirectly) for any loss or damage that may occur in connection with your use of the Services.
  9. USER WARRANTIES
    1. AS A USER, YOU MUST NOT (AND MUST NOT ALLOW ANY THIRD PARTY TO):
      1. SHARE OR ALLOW OTHERS TO ACCCESS YOUR ACCOUNT OR SUBSCRIPTION;
      2. USE THE WEBSITE IN ANY MANNER THAT COULD DAMAGE, DISABLE, OVERBURDEN OR IMPAIR THE WEBSITE;
      3. ATTEMPT TO GAIN UNAUTHORISED ACCESS TO ANY PARTS OF THE WEBSITE;
      4. INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THE WEBSITE’S SOFTWARE;
      5. USE ANY ROBOT, SPIDER, SCRAPER OR OTHER AUTOMATED MEANS TO GAIN UNAUTHORISED ACCESS WITHOUT EXPRESS WRITTEN PERMISSION FROM SNAPLAW;
      6. ANALYSE, REVERSE ENGINEER, ATTEMPT TO REPLICATE THE UNDERLYING IDEAS, ALGORITHMS, AND SOURCE CODE OF THE WEBSITE;
      7. TRANSMIT ANY VIRUSES, WORMS, DEFECTS, TROJAN HORSES, MALWARE OR OTHER COMPUTER PROGRAMMING THAT MAY DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM OR DATA OF THE WEBSITE; AND/OR
      8. USE THE WEBSITE OR AGREE TO THESE TERMS & CONDITIONS ON BEHALF OF ANOTHER PERSON OR ENTITY INCLUDING BUT NOT LIMITED TO A COMPANY OR OTHER ORGANISATION, SOLICITOR OR BARRISTER, UNLESS THAT USER HAS THE POWER AND AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THE TERMS OF THIS AGREEMENT.
  10. INTELLECTUAL PROPERTY RIGHTS
    1. Except for third party data or otherwise stated, all other aspects of the Website are owned or controlled by SnapLaw, including but not limited to all case digests, the Website index texts, digests, trademarks, graphics, logos, underlying software, footage, sound recordings, videos, user interfaces, computer code, and other files and content of the Website and the Services (“SnapLaw Materials”).
    2. All rights are reserved. Subject to Clause 10.3, no SnapLaw Materials may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part.
    3. A User may reproduce any part of the case digests that SnapLaw makes available on the Website, without the prior written consent of SnapLaw, for the purposes of legal research undertaken by the User or for written plea submissions prepared by the User, provided that the User’s Account has not been terminated.
  11. TERMINATION & SUSPENSION
    1. If SnapLaw determines that an Account holder is in breach of this Agreement, SnapLaw, in its sole discretion and without notice, has the right to limit access, suspend or terminate the Account and refuse any and all current or future use of the Account and the Services. Such termination shall not release an Account holder of any obligations existing at the time their Account is terminated. In addition to terminating the Agreement, SnapLaw will be regarded as discharged from any further obligations under this Agreement and may pursue any additional or alternative remedies provided by law or subject to penalty.
    2. An Account holder has the right to terminate or suspend their Account via their Account’s page.
    3. If an Account is terminated, suspended or otherwise limited by SnapLaw, all Services associated with that Account will no longer be available to that Subscriber.
    4. The following sections of these Terms & Conditions will survive termination: Fees & Payment; Disclaimer; Waiver; Termination & Suspension; User Warranties; Intellectual Property Rights, but excluding Clause 10.3; Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.
  12. INDEMNITY
    1. A User hereby indemnifies SnapLaw and its employees against any and all costs, loss or damage suffered or may incur by reason of any Data imported into the Website, the access and use of the Website, and/or any breach or alleged breach of this Agreement by the User.
    2. Should SnapLaw, in its sole discretion, determine that the User has breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.
  13. NO WARRANTIES AND LIMITATION OF LIABILITY
    1. The Website is provided on an “as is” basis and without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of the Website for a particular use, accessibility or warranties that access to or use of the Website will be uninterrupted or error-free. SnapLaw does not represent that Website will be secure or free of viruses or other harmful material or elements, or that any SnapLaw Materials (or other information contained on the Website) will be correct, accurate, timely or complete.
    2. SnapLaw has no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with the Website, including but not limited to any loss or damage arising from the lack of access to any Service, Account and/or other Data provided to SnapLaw, the termination or suspension of the Account or any errors made in Checkout.
  14. ASSIGNMENT
    1. The User acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of SnapLaw. SnapLaw reserves its right to assign the provisions of this Agreement at any time.
  15. GOVERNING LAW AND JURISDICTION
    1. These Terms & Conditions and the access and use of the Website shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Website, the User accepts that any dispute under these Terms & Conditions or arising out of access and/or use of the Website shall be subject to the exclusive jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Website, the User hereby submit to the jurisdiction of such courts for such purpose.
    2. Users are solely responsible for compliance with any applicable laws of the country from which they access the Website.
  16. GST
    1. All amounts payable under these Terms & Conditions are deemed to be inclusive of any applicable goods and services tax unless otherwise stated.
  17. ENTIRE AGREEMENT
    1. This Agreement shall constitute the entire agreement and understanding between the User and SnapLaw concerning the subject matter hereof.
    2. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
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