LC&R has developed the Products based on extensive experience in the provision of allied health services. However, whilst the Products are informed by best practice guidance, professional ethics and regulatory requirements, LC&R is not a law firm and every practice is different so any information or Products obtained from or provided by LC&R should be treated as general information and not legal advice. You should always seek legal advice from a legal professional before using or relying on the Products to achieve a specific outcome or meet or discharge any regulatory or legal duty.

Supply of products

Supply

LC&R will supply and the Customer will buy the Products in accordance with these Terms and Conditions.

Acceptance and Engagement

By submitting an Order the Customer will have been taken to have read and accepted these Terms and Conditions which apply to all current Orders and future Orders unless otherwise agreed by the Parties.

Exclusion of all other terms and conditions

These Terms and Conditions: Applies to the exclusion of all other terms and conditions and supersedes all terms and conditions previously issued by LC&R or otherwise agreed between the Parties, and all prior discussions, representations and arrangements relating to the supply of the Products;

• applies to all Orders accepted by LC&R; and
• overrides any terms of purchase used by the Customer to purchase the Products.
• No variation of these Terms and Conditions is binding unless expressly agreed in writing by an authorised representative of LC&R.

These Terms and Conditions may be amended from time to time but any amendments will not apply to Orders that have been made by the Customer prior to being notified of such amendments.

Products

Price of Products

The Purchase Price of the Products will be specified in the applicable Order.

Unless expressly stated otherwise, the Purchase Price is exclusive of GST and all other taxes, duties or government charges levied in respect of the Products.

Subject to clause 2.1(d), LC&R reserves the right to change the Purchase Prices for its Products in its absolute discretion.

Once an Order has been accepted by LC&R the Purchase Price specified in the Order will be binding on the parties.

Ordering

Once accepted by LC&R, Orders cannot be cancelled or varied by the Customer without the written approval of LC&R. LC&R reserves the right to charge a reasonable cancellation fee, which may include an amount for loss of profit.

LC&R reserves the right to refuse or cancel an Order under the following circumstances:

• where the refusal or cancellation is due to the availability of the Products;
• where there are errors in the Order; or
• where a fraudulent, unauthorised or illegal transaction is suspected.
• Obligations owed to the Customer only

The Products will be provided solely for the benefit and use of the Customer. LC&R accepts no liability or responsibility to any third party in respect of the Products.

Payment

Details in Invoice 

All invoices issued by LC&R will include details of the Purchase Price and any other costs and charges payable by the Customer in accordance with these Terms and Conditions.

Payment of Purchase Price

Unless otherwise agreed in writing, the payment of the Purchase Price must be made prior to the Products being delivered or made available to the Customer.

GST 

If GST is imposed on any supply made under or in accordance with these Terms and Conditions, the recipient of the supply (Receiving Party) must pay to the supplier an additional amount equal to the GST payable on the supply, subject to the Receiving Party receiving a valid tax invoice, or a document that the Commissioner will treat as a tax invoice, in respect of the supply at or before the time of payment.  Payment of the additional amount will be made at the same time and in the same manner as payment for the supply is required to be made in accordance with these Terms and Conditions.

Use of Products

Products

Once purchased, the Products will be made available to the Customer to download in Word/ Google Docs format. Once downloaded the Customer must review the content and ensure that the Customer amends any content they need to in order to make the Product suitable for their practice and intended purpose.

Grant of Licence

Subject to these Terms and Conditions and compliance by the Customer with these Terms and Conditions, LC&R grants to the Customer a limited, personal, non-exclusive, non-transferable and non-sublicensable license to:

• use the Products solely and exclusively for the Permitted Purpose; and
• make, alter or amend the Products exclusively for the Permitted Purpose.

Customer warranty 

The Customer warrants to comply with any and all directions, instructions and specifications regarding the use of the Products given by LC&R. The Customer will only copy, reproduce, translate, adapt, vary or modify Products and create any derivative works in accordance with these Terms and Conditions.

Disclaimer 

LC&R will not be responsible for any Liabilities resulting directly or indirectly from:

• failure by the Customer to use the Products in accordance with directions provided by LC&R; or
• any modifications of the Products by the Customer.
• Copyright and Intellectual Property RIGHTS

Copyright 

The Products are subject to copyright and are protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Products is owned or controlled for these purposes, and are reserved by LC&R.

Except as expressly authorised by these Terms and Conditions, the Customer must not, without the prior written permission of LC&R and the permission of any other relevant rights owners, reproduce, transmit, republish or prepare derivative works of the Products or the content thereof.

Ownership of Intellectual Property Rights

The Customer acknowledges and agree that:

• nothing in these Terms and Conditions or the use of the Products transfers or assigns any Intellectual Property Rights to the Customer;
• LC&R owns and retains all Intellectual Property Rights in the Products, including any modifications or enhancements thereof, other than the right to use the Products granted to the Customer pursuant to these Terms and Conditions; and
• the Customer has no Intellectual Property Rights or other rights in any part of the Products other than in respect of the Customer’s data and any further edits processed by the Customer, provided that such edits are processed for the Permitted Purpose.

General disclaimer

Warranties and conditions 

All implied guarantees, warranties and conditions (including warranties as to the quality or fitness for purpose of Products) are excluded to the maximum extent permitted by law. LC&R does not warrant the accuracy, adequacy, reliability, or completeness of the Products and expressly disclaims liability for any errors or omissions.

No warranty is given by LC&R that any Products supplied are fit for any particular purpose and the Customer buys the Products in reliance on its own judgement.

Use of the Products is at the Customer’s own risk. Everything in relation to the Products is provided to the Customer “as is” without warranty or condition of any kind.

LC&R is not a law firm, is not engaging in legal practice and does not offer any legal services. Nothing provided by LC&R is legal advice and the Customer cannot rely on it. The Customer should always consult a Legal Professional to ensure certainty of your legal rights and obligations. LC&R is not a clinic and does not engage clients nor provide therapeutic treatment and none of its Products may be construed as such.

The outcomes of using the Products will vary and will require the Customer to use their professional judgment in any circumstance in which they are applied.

Limitation of liability

To the maximum extent permitted by law:

• LC&R will not be liable for any Liability (including Consequential Loss) to any property or person resulting from the provision of the Products.
• LC&R’s liability to the Customer in relation to a failure of the Products to comply with an applicable consumer guarantee is limited at the option of LC&R to:
• supplying the Products again; or
• the payment of the cost of having the Products supplied again.
• LC&R excludes all liability to the Customer or any other person for any Consequential Loss arising directly or indirectly out of, or in connection with, the Products (including the use by the Customer or any other person of any Products), even if LC&R has been advised of the possibility of such Consequential Loss.

Apportionment of liability

If the Customer makes any claim against LC&R for any Liability arising out of, or in connection with the Products, or these Terms and Conditions and some or all of that Liability was due to, or contributed to by the Customer or another third party, LC&R will be liable only for that proportion of the Liability which its acts and omissions bear in relation to the total conduct of all persons causing or contributing to that Liability.

Indemnity

The Customer indemnifies LC&R against any Liabilities which LC&R suffers, incurs or is liable for as a result, directly or indirectly, of:

• any breach of these Terms and Conditions by the Customer;
• any negligent act or omission by the Customer;
• any misuse of the Products by the Customer; or
• the use of any Intellectual Property Rights in breachof these Terms and Conditions.

Assignment

The Customer must not assign or deal with the Agreement or any rights under the Agreement without the prior written consent of LC&R.

General provisions

Notice 

A notice to be given by a party to another party under the Agreement must be in writing and sent to the address previously nominated by that party and will be deemed to be duly given:

• in the case of hand delivery, on the day of delivery;
• three Business Days after the date of posting by pre-paid registered post; or
• if sent by email, when sent.

Governing Law 

These Terms and Conditions is governed by the Law applicable in the State of Victoria, and the parties consent to the exclusive jurisdiction of the courts of the State of Victoria.

Time 

Time is not of the essence except in relation to payment.

Waiver 

The failure of a party at any time to require performance of any obligation under the Agreement is not a waiver of that party’s right:

• to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; or
• at any other time to require performance of that or any other obligation under the Agreement.
• Unenforceable provision

Where a clause in these Terms and Conditions is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms and Conditions.

Definitions

Unless otherwise inconsistent with the context:

Consequential Loss means any loss or damage suffered by any person which is indirect or consequential; or which is by way of loss of revenue, loss of profits, loss of goodwill or credit, loss of business reputation, future reputation or publicity, loss of use, loss of interest, damage to credit rating, or loss or denial of opportunity.

Customer means a customer supplied or to be supplied Products by LC&R.

Product means any product supplied by LC&R to the Customer.

GST means any goods and services tax or similar tax.

Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application, in all parts of the world.

LC&R means Lawson Consulting & Research Pty Ltd (ACN 649 775 226).

Liabilities means all damages, losses, liabilities, costs, charges, expenses, outgoings or payments (whether direct or indirect, consequential or incidental) including any damages, losses, liabilities, costs, charges, expenses, outgoings or payments in respect of any damage to property or injury to, or death of, any person.

Order means an order for Products placed by the Customer.

Permitted Purpose means the bona fide use by the Customer of the Products in the operation and management of the Customer’s allied health practice.

Purchase Price means the price payable by the Customer to LC&R for the Products.

Terms and Conditions means these Terms and Conditions of trade.

Download T&Cs as a PDF.