DIY Document Shop Disclaimer

Thank you for accessing Mountains Lawyers DIY Document Shop.

Mountains Lawyers Pty Ltd trading as “Mountains Lawyers Legal Solutions” (ABN 72 104 243 816) (“we”, “us” or the “Company”), is a leading boutique law firm providing quality legal advice, services, and representation in Commercial Law, Corporate and Business Law, Contract Law, Criminal Law, Disputes and Litigation, Wills and Estate Planning, and Deceased Estates. We also provide a DIY Document Shop for the purchase of do-it-yourself documents created by an online document builder embedded in our website.

Our website is located on the web via the domain https://www.mountainslawyers.com.au/ and includes all of the files located in that domain (“the website”), our DIY Document Shop is located at https://www.mountainslawyers.com.au/onlineservices/ (“the DIY Document Shop”), and the Company’s physical offices for legal services are located at Unit 42/60 Kent Street Rockingham WA 6168, and Shop 4, 20-24 Sholl Street Mandurah WA 6210.

DIY Document Shop Terms of Use

Website Terms of Use

Use of our DIY Document shop constitutes goods and services provided through our website. By accessing the website, you agree to be bound by our website terms of use (“Website Terms of Use”) (located at https://www.mountainslawyers.com.au/terms-of-use/). The Website Terms of Use also constitute a binding agreement between you and the Company and govern your use of the website and the DIY Document Shop contained therein.

Privacy Policy

Your use of our DIY Document Shop is also subject to our Privacy Policy (located at https://www.mountainslawyers.com.au/privacy-policy/), which is incorporated by reference into our Website Terms of Use.

Legal capacity to transact

If you are under 18 years of age, you cannot use the DIY Document Shop or place orders through our website. By using the DIY Document Shop, or placing any order for goods and services through our website you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

WARNING Limitations Disclaimer

DIY Documents not legal services

Documents produced through the DIY Document shop are generated using a template document builder and are not drafted or reviewed by a lawyer.

No legal services or advice are provided with the purchase of DIY Documents.

Limitations to accuracy and effectiveness

The accuracy and completeness of the documents are limited by the information input by you. Incomplete or inaccurate information, along with insufficient understanding with respect to proper application of the documents or related legal requirements may significantly impact the effectiveness of the DIY Document.

No Liability

The Company not guarantee the legal sufficiency, accuracy, or applicability of the DIY Documents for your specific circumstances.

The Company shall not be liable for any errors, omissions, or inaccuracies in the DIY Documents, including with respect to fitness for your specific purpose, or for any decision made on the basis of DIY Documents.

You are strongly encouraged to seek qualified legal advice before creating, using, or relying on any legal document, including those generated through the DIY Document Shop.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE COMPANY, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of goods or services available through our website, or any of its content, and in particular do not represent, warrant or guarantee that:

• the use of our website will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• our website or any goods or services ordered or purchased through our website will meet your requirements or expectations;
• anything on our website, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
• the quality of any products, services, information or other material purchased or obtained through our website will meet any particular requirements or expectations;
• errors or defects will be corrected; or
• our website or the servers that make it available are free of viruses or other harmful components.

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, the use of any Discount by you or any other person.

Risks with DIY Documents

Using legal documents generated by a template document builder without seeking qualified legal advice or review by a lawyer carries several potential risks:

1. Inaccuracy: The documents may contain errors or omissions due to the limitations of the template and the accuracy of the information input by you. This can result in documents that do not fully address the legal requirements or your specific needs.
2. Non-Compliance: Legal documents must comply with relevant laws and regulations, which can vary by jurisdiction, frequently change, and may be varied by your specific circumstance or intended purpose or application of the document. Without qualified legal advice, there is a risk that the documents may not meet these legal standards, potentially leading to legal issues or disputes.
3. Lack of Customisation: While some customisation is available through our DIY Document template builder, the template builder is limited in customisation options and documents are designed to be generic. These documents may not account for your unique circumstances or requirement, or may not be best suited to achieve your intended goals. This lack of customisation can result in documents that are not fully suitable for your specific situation.
4. Unintended Consequences: Without professional legal advice, you may not fully understand the implications of the terms and conditions in the documents. This can lead to unintended legal consequences or obligations that you may not be aware of as well as increase the risk of a dispute between the contracting parties.
5. Inconsistency: Without professional legal advice, you may not fully understand how the DIY Document may impact other documents or contracts you may have in place or your surrounding circumstances. This can lead to unintended inconsistencies and undermine the effectiveness of not just the DIY Document, but the other preexisting documents or processes you may have in place.
6. Enforceability Issues: If the documents are not properly drafted, they may be challenged in court and found to be unenforceable. This can undermine your legal position and result in additional legal costs and complications.
7. Missed Legal Protections: A suitably experienced lawyer can identify and include important legal protections and clauses to address your specific circumstances and intentions that may be missing from a document generated through a template document builder. Without these protections, you may be exposed to greater legal risks.
8. Changes in Law: Laws and regulations can change over time. A template document may not reflect the most current legal standards, best practice in your particular industry, or considerations related to you or the contracting parties involved, leading to potential non-compliance and legal issues.

To mitigate these risks, you are strongly encouraged to seek qualified legal advice regarding you circumstances and you legal document needs before using any documents generated using a template document builder. Best practice is always to ensure that you have detailed qualified advice and that documents you rely on are accurate, compliant, and tailored to your specific needs and circumstances, and further, that you have a detailed understanding of the documents and their future application.

Higher risk DIY Documents

While the risks outlined above apply to all legal transactions and documents, there are some transactions or circumstances where it can be particularly risky to engage in without obtaining qualified legal advice or using documents generated through a template document builder such as the following specific scenarios:

1. Complex Business Agreements: When drafting complex business agreements, such as partnership agreements, shareholder agreements, or joint venture agreements, the specific terms and conditions need to be tailored to the unique circumstances of the parties involved. A template document is extremely unlikely to cover all necessary provisions and deal with the circumstances relevant to the particular parties, industry specifics, and other interests. This can lead to potential governance and compliance issues, costly disputes, and other legal issues.
2. Employment Contracts: Employment contracts must comply with employment laws and regulations, which can vary by jurisdiction, industry, business size, and individual factors related to employees. A template document, especially if the person imputing the information into the template document builder, may not address specific legal requirements, employee rights, or company policies, leading to potential legal disputes and liabilities.
3. Estate Planning: Wills, trusts, and other estate planning documents need to be precise and legally sound to ensure that the individual’s wishes are carried out. A template may not account for unique family dynamics, tax implications, or specific bequests, potentially resulting in contested wills or unintended distributions. This is especially true where the person completing the template document does not have a strong understanding of the intricacies of testate law.
4. Intellectual Property Agreements: Licensing agreements, non-disclosure agreements (NDAs), and other intellectual property-related documents require careful drafting to protect the rights of the parties involved. A template may not provide adequate protection or address specific legal nuances relevant to the particular intellectual property, leading to potential infringement or loss of rights.
5. Litigation and Dispute Resolution: Documents related to litigation, such as settlement agreements, consent orders, or pleadings, need to be accurate and comply with court rules and procedures. A template may not be sufficient to address the specific legal issues and procedural requirements, potentially jeopardising the outcome of the case or resulting in unintended consequences such as, unintended admissions or costs orders.
6. Regulatory Compliance: Many industries, including but not limited to healthcare, finance, and environmental services are subject to strict regulatory requirements. Using a template for compliance-related documents without qualified legal advice can result in non-compliance, fines, and legal penalties.

In these scenarios, the risks of using documents generated through a template document builder include non-compliance with laws, missing critical provisions, unintended legal consequences, and potential disputes. Seeking qualified legal advice ensures that documents you are accurate, legally sound, and tailored to the specific needs and circumstances of the parties involved.