docushop Terms of Service

SECTION 1. INTRODUCTION

The docushop is a service of Conceptual Corporate Consulting Pty Ltd. (“docushop”) that enables authorised users (“You,” or collectively, the “Users”) to buy sample and actual forms, checklists, template, business documents and legal documents (collectively, the “Documents”) through the websites located at docushop.com.au  (the “docushop Platform”).

By signing up for the docushop, or otherwise using or benefiting from the docushop, You acknowledge that You have read, understood and that you agree to be bound by these docushop Terms of Service (the “Agreement”) and the docushop Terms of Service and all of the conditions therein.

SECTION 2. ELIGIBILITY

In order to use the docushop as a Document Publisher (a "Document Publisher" is a User who subscribes to the docushop and uploads Documents to the docushop Platform sale or licensing (the words "sale," "purchase," and "license" or "licensing" are used and intended to be used interchangeably) through the docushop), 

You must:

1. Register for a docushop account on the docushop Platform (Your “docushop Account”);
2. Be at least 18 years of age or older and, if You are using the docushop on behalf of an organisation, You must be an authorised representative of such organisation with the authority to bind such organization to the terms of this Agreement and agree to such terms on behalf of such organisation; and
3. Your docushop Account must be active and in good standing.

docushop reserves the right to refuse participation to any applicant or participant at any time, for any reason or for no reason, in its sole discretion.

SECTION 3. INCORPORATION BY REFERENCE

This agreement is incorporated by reference into the docushop terms of service. Further, the docushop terms of service are incorporated into this agreement by reference. Your participation in and use of the docushop service is subject at all times to the terms, conditions, and provisions of this agreement and the docushop terms of service.

For information regarding how docushop collects, uses and discloses Your personal information, please see the docushop Privacy Policy as well as Section 5 of this Agreement.

When using the docushop Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features, which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into this Agreement.

Capitalised terms not otherwise defined herein have the same meaning as in the docushop Terms of Service.

In the event of any conflict between this Agreement and the docushop Terms of Service, the terms of this Agreement shall take precedent.

SECTION 4. MODIFICATION OF TERMS

docushop may make changes to the content and services offered on this site at any time. docushop can change these terms at any time by posting updated terms of service on this site and/or by sending registered users an email notice of the changes. Additionally, we may notify you through the docushop announcements area. If any modification is unacceptable to you, you shall cease using this site. If you do not cease using this site, you will be conclusively deemed to have accepted the change. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, “writing” does not include an email message and a signature does not include an electronic signature.

SECTION 5. PRIVACY

docushop reserves the right to share Your contact information, including but not limited to, Your email address, Your postal address and Your telephone numbers, with certain providers of Documents, whose Documents You have purchased on, or downloaded through, the docushop (the “Document Providers” or “Document Publishers”). You acknowledge that the Document Providers or Document Publishers with whom docushop has shared Your contact information may use Your personal information to notify You about products and promotional offers that may or may not be of interest to You. If You wish to unsubscribe from the mailing list of any Document Provider of Document Publisher, please contact that Document Provider or Document Publisher directly.

SECTION 6. CERTAIN RIGHTS BELONGING TO DOCUSHOP

docushop will solely control the docushop and all features and functionality thereof and will have the right to modify, change, or amend the same at all times, in its sole discretion. docushop reserves the right to exercise whatever lawful means it deems necessary to prevent or rectify unauthorized use (including the distribution of unauthorised content) on the docushop, including, but not limited to, technological barriers, IP mapping, directly contacting Your Internet Service Provider (ISP) regarding such unauthorised use, and seeking legal action against You.

docushop reserves the right to remove or delete any Document from the docushop and/or the docushop Platform at any time, in its sole discretion, for any reason or for no reason, and without notice to You. If docushop removes or deletes a Document that You have purchased as a docushop User or gained access to as a docushop Pro subscriber, docushop reserves the right to revoke Your purchase. If docushop revokes your purchase, docushop may elect, at docushop’s sole discretion, to provide a refund to You. If docushop removes any Document that you have purchased, docushop may elect, at docushop’s sole discretion, to provide You a limited window of time during which You may download such removed Document.

SECTION 7. YOUR COVENANTS, REPRESENTATIONS, WARRANTIES, AND AGREEMENT TO CONDITIONS; PROHIBITED USES OF THE DOCUSHOP SERVICE

In addition to the prohibited conduct that You have agreed to as described in the docushop Terms of Service, Your use of the docushop Platform and the docushop service is conditioned upon Your agreement to all of the terms of this Agreement, and You hereby agree, represent and warrant the following:

1. You shall not, and shall not authorise or encourage any third party to share, copy, adapt, redistribute, reconfigure, modify, create derivative works from, resell, profit from, or otherwise exploit any Documents purchased or obtained on or through the docushop other than as permitted by docushop;
2. All Documents are available to You through this limited, personal, non-exclusive and non-transferable license to use and to display the Documents and to use the services of this Site solely for Your own personal or business use. Except for the license set forth herein, You acknowledge and agree that You may have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance or in any way exploit any of the Documents in any manner, depending upon the terms of the license specified by the Document Publisher who has made the Document available or the creative commons license type selected by the Document Publisher who has made the Document available, except possibly for fair use rights. In many instances You will have the right to modify, edit, reproduce, alter and use the Document Publisher Document for Your personal use or for business use. Unless specifically authorized by the Document Publisher You are prohibited from reselling, re-licensing, or distributing Document Publisher Documents. This limited license terminates automatically, without notice to You, if You breach any of these Terms. Upon termination of this limited license, You agree to immediately destroy any downloaded or printed Documents and all copies thereof, including backup or archival copies. Except as stated herein, You acknowledge that You have no right, title or interest in or to the Site or the Documents;
3. With regard to any Documents that You upload You shall not use any deceptive, inaccurate, or false titles, tags, keywords, descriptions, or other techniques or tactics intended to or having the effect of causing Users to view or download such Document;
4. You shall not attempt to upload any part of any Document that was previously rejected or removed by docushop unless the cause of the rejection or removal has been corrected;
5. You shall not share Your docushop Account login information with any third-party or provide any third-party with access to Your docushop Account for the purpose of allowing such third-party to download a Document You have purchased or gained access to as a docushop Pro subscriber on or through the docushop. Any evidence of such conduct shall be grounds for the immediate termination of Your docushop Accounts;
6. You shall not act in any way that violates any Guidelines, or any other agreement between docushop and You, or engage in any action or practice that disparages or devalues docushop’s, rights, reputation or goodwill;
7. All of the information that You provide to docushop under this Agreement is current and accurate and will remain current and accurate and when there are any changes You will immediately update Your account to reflect as much;
8. You have all necessary rights, power and authority to enter into and to perform under this Agreement;
9. You have not entered into any other agreement that is in conflict with the terms of this Agreement;
10. You shall comply with all applicable laws and regulations;
11. You acknowledge that any attempted or actual violation of any of the terms, conditions, covenants, warranties or representations is a material breach of this Agreement and that docushop may pursue any and all applicable legal and equitable remedies against You, including but not limited to, an immediate suspension or termination of Your docushop, docushop Pro, and docushop Accounts docushop, termination of this Agreement, and the pursuit of all available civil or criminal remedies.

SECTION 8. REFUND POLICY

docushop offers the 100% guarantee on select purchasable documents. The 100% guarantee shall only apply to such documents that expressly provide notice of the guarantee on the document purchase page and/or the billing information page. If a document does not expressly provide for the 100% guarantee it will not be subject to a refund under the 100% guarantee.

If and only if the 100% guarantee is expressly stated a refund will be contingent on the following:

1. You must submit your refund request to hello@docushop.com.au within thirty (30) calendar days of Your purchase;
2. You must provide docushop with a valid reason for your refund request. It shall be at the sole discretion of docushop to determine whether such reason is valid and ultimately, whether the refund will be issued;
1. You will not have further access to any document for which a refund has been issued to you;
2. You are limited to a maximum of five (5) refunds in any given calendar year (the “Maximum Refund Quota”);
3. You may not create multiple docushop Accounts for the purpose of evading the Maximum Refund Policy. Should docushop suspect You of any such conduct (as determined at the sole discretion of docushop), docushop will immediately terminate Your docushop, docushop Pro, and docushop Accounts.

As a Document Publisher You agree that if a buyer requests a refund docushop has the right to make such a refund and deduct the amount paid or otherwise due the Document Publisher then or in the future in connection with the Document(s) upon which the buyer(s) received refund(s), and if no amount is due the Document Publisher or the amount due the Document Publisher is less than the amounts refunded to Document buyers the Document Publisher will within 30 calendar days reimburse docushop the amount paid the Document Publisher in connection with the Document.

SECTION 9. RELATIONSHIP OF PARTIES

1. The relationship of docushop and Document Publishers is that of independent contractors. Nothing contained in this Agreement and no action by either Party shall be deemed to constitute any Party or any of such Party’s employees or agents to be an employee or agent of the other Party or shall be deemed to create any partnership, joint venture, association, syndicate among or between any of the Parties, or shall be deemed to confer on any Party any express or implied right, power or authority to enter into any agreement or commitment, express or implied, or to incur any obligation or liability on behalf of the other Party not explicitly set forth in this Agreement. Neither Party will hold itself out as being in an agency relationship, or imply, or fail to correct a misunderstanding, that there is an agency relationship.
2. Non-Exclusive Relationship. Document Publishers and docushop enjoy a non-exclusive relationship in all respects. Document Publishers acknowledge that docushop may sell documentation products developed and owned by third-parties, or documentation products developed and owned by docushop, the content of which may be similar to the Documents posted by Document Publisher. docushop acknowledges that Document Publishers may sell Documents and other documentation products directly or by licensing others to do so, however, Document Publishers agree that they will not use the docushop Platform to direct or steer Users to any channel other than the docushop Platform for the sale or licensing of any documents or documentation products.

SECTION 10. TERM TERMINATION

The term of this Agreement will begin on the date You sign up for a docushop Account, or use the docushop service, on the docushop Platform and shall continue until terminated in accordance with the provisions set forth herein. docushop may, in its sole discretion, without cause, for any reason or no reason, and without liability or prior notice to You, immediately terminate this Agreement, Your docushop, docushop Pro and/or docushop Accounts, and suspend or terminate Your participation in the docushop and the docushop Platform at any time. Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

If Your account has been terminated You are prohibited from signing up for another docushop account, under any name.

SECTION 11. FORMS, AGREEMENTS AND DOCUMENTS

Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness.

The documents are provided “as is,” “as available,” and with “all faults,” and docushop and any document provider fully disclaim any and all warranties, including but not limited, to the warranties of merchantability and fitness for a particular purpose.

You acknowledge that Documents may be inappropriate for Your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure Your desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for Your particular transactions, as the Documents are only samples and may not be applicable to Your particular situation. Some Documents are public domain forms or may be available from public records, however, You will not upload or otherwise make available for sale any Documents that are public domain forms or may be available from public records, unless You create derivative works or make material modifications or adaptations and have the right to do so and do not otherwise infringe upon the rights of anyone else.

You understand that when using the Site You will be exposed to User Content from a variety of sources, and that docushop is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against docushop with respect thereto. docushop does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and docushop expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to these Terms, docushop may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice.

docushop is not responsible for the language used in the Document, e.g., if You thought the Document was written entirely in English and it contains a language You can not read docushop is not responsible. docushop may hold the Document Publisher responsible, however, and if docushop does issue any refunds then the provisions of Section 8 shall apply and docushop may deduct the amount paid or otherwise due the Document Publisher then or in the future in connection with the Document(s) upon which the buyer(s) received refund(s), and if no amount is due the Document Publisher or the amount due the Document Publisher is less than the amounts refunded to Document buyers the Document Publisher will within 30 calendar days reimburse docushop the amount paid the Document Publisher in connection with the Document. Further, if it is repeatedly misleading as to what languages are in the Document docushop may terminate Your Account.

SECTION 12. NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP

Information or Documents contained on or made available through the docushop are not intended to, and do not constitute, legal advice, recommendations, or counseling under any circumstance, and no attorney-client relationship is formed. docushop and all Document Providers disclaim any warranties or guarantees as to, among other things, the accurateness, completeness, adequacy or currency of the information contained in Documents available through the docushop Platform, including for purchase or by way of Your docushop Pro subscription through the docushop or through any Document Provider’s web site. Your use of the Documents, the information on the docushop Platform, or the materials linked to the docushop Platform, is entirely at Your own risk. docushop is not a law firm and the docushop Platform is not a lawyer referral service.

SECTION 13. PRICING

Each Document Publisher shall have the right to establish the initial price point of each of his or her own Documents, as agreed to by docushop, provided docushop may subsequently modify Document prices in line with commercially reasonable business practices.

SECTION 14. ADVERTISING

docushop has the right to display any advertising or promotions, including for docushop or third parties, over, near, or around any Document Publisher Document, and You waive any claims or rights in association therewith, including claims to any remuneration, regarding moral rights, complaints about implicit endorsement or association, or the like. You are notified and agree that anything at all placed over, near, or around any Document is not an endorsement by or an association with docushop..

SECTION 15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless docushop, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, contractors, agents, attorneys, and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debts and expenses (including attorney’s fees and costs) arising out of, related to or which may arise from:

(i) Your use or misuse of the docushop;

(ii) Your breach or other violation of this Agreement including any representations, warranties and covenants herein;

or (iii) Your violation of the rights of any other person or entity. docushop reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify, defend or hold us harmless, and You agree to cooperate with our defense of these claims.

You agree not to settle any matter without the prior written consent of docushop. docushop will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

SECTION 16. DISCLAIMER; LIMITATION OF DAMAGES

The information, content and documents from or provided through the docushop platform, including but not limited to the docushop, are provided “as-is,” “as available,” with “all faults,” and all warranties, express or implied, are disclaimed (including but not limited to any implied warranties of merchantability and fitness for a particular purpose, noninfringement and warranties arising out of the course of dealing or performance). The information and services may contain bugs, errors, problems or other limitations. docushop and docushop affiliated parties, including but not limited to, the document providers, have no liability whatsoever for your use of any document, information, service, or the docushop platform.

In particular, but not as a limitation thereof, docushop, document providers, docushop affiliated parties, contractors, employees, agents, directors, officers, attorneys, or third-party partners, licensors, or suppliers, are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, arising out of or relating to 

(1) this agreement, 

(2) any errors in or omissions from our site or from any services, products, or documents obtainable therefrom, 

(3) the unavailability or interruption of our site or any features therefrom, 

(4) your use or your inability to use the documents or the docushop service, 

(5) the content contained on our site, even if docushop has been advised of the possibility of any such damages.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in this agreement apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located, if the laws of the jurisdiction where you are located apply at all.

The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between docushop and you. This site and the products, services, documents and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from docushop through the docushop platform or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.

All responsibility or liability for any damages caused by viruses contained within or linked from the electronic file containing a document is disclaimed.

SECTION 17. LIMITATION OF DAMAGES

The aggregate liability of docushop and any docushop affiliated party, contractors, employees, agents, directors, officers, attorneys, or third-party partners, licensors, or suppliers in connection with any claim arising out of or relating to the docushop platform and/or the products, information, documents and services provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party.

SECTION 18. ASSIGNMENT; ENTIRE AGREEMENT; APPLICABLE LAW AND VENUE; HEADINGS; SEVERABILITY; NO WAIVER

docushop may freely assign this Agreement at any time without notice to You. You may not transfer, sell, or assign Your rights or obligations under this Agreement and any attempt to do so shall be void. Subject to the foregoing, this Agreement inures to the benefit of and shall be binding on the parties’ permitted assignees, transferees and successors.

This Agreement, including all agreements and Guidelines incorporated by reference herein, sets forth the entire agreement and understanding of the parties with respect to the subject matter hereto, and supersedes all prior and contemporaneous agreements relating thereto, written or oral, between the parties.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without reference to its choice of law doctrine. The parties agree that the federal and state courts in Los Angeles County, California will have exclusive jurisdiction and venue over this Agreement, and the parties hereby agree to submit to such jurisdiction and venue exclusively.

Section or paragraph headings used in this Agreement are for reference purposes only, and may not be used in the interpretation hereof.

In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provision is held invalid by a court with jurisdiction over the parties to this Agreement,

(i) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law,

and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect.

A waiver of any provision of this Agreement will only be valid if provided in writing and will only be applicable to the specific incident and occurrence so waived. The failure by either party to insist upon the strict performance of this Agreement, or to exercise any term hereof, will not act as a waiver of any right, promise or term, which will continue in full force and effect.

SECTION 19. SURVIVAL

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections regarding proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and damages and all general provisions shall survive any termination of these Terms.

SECTION 20. CUSTOMER SERVICE; SUPPORT

The docushop is a distribution network by which Documents are made available to Users for purchase. docushop does not guarantee the Documents for their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. For assistance, questions or support regarding the content of any of the Documents, please refer to legal/counsel.

For assistance with or questions regarding this Agreement, You can send us an email at hello@docushop.com.au . Responses to emails will be provided as soon as possible.