Terms and Conditions | Immerse Legal

Terms & Conditions of Use

IMMERSE WEBSITE
TERMS AND CONDITIONS OF USE

1. Acceptance of Terms

Hola, mi amigos! Welcome to the website of Immerse (“we“, “us“, “our“, or “Immerse”) located at www.immerselegal.com (the “Site”), powered by Lazarus Legal Group Pty Limited (ABN 55 072 964 008) (Lazarus Legal).

Please read these Site Terms and Conditions of Use (“Terms”) carefully, along with any other policies or notices and our Privacy Policy located at www.immerselegal.com/privacy, as they set out the rules, terms, and guidelines for you to follow when using and accessing our Site and other materials made available to you.

These Terms govern your use of the Site and Products and constitute a legally binding agreement between each user (“you“, “your“, or “User“) and Immerse.

We know terms and conditions can be wordy, so we will do our best to keep things as clear and concise as possible.

By simply accessing this Site and other materials made available to you, including, for example, our Tailored Solutions, Templates, Trade, Mark Application, Consultations, Resources and Guides (collectively the “Products”), you agree to be bound by these Terms, so please read carefully.

In addition, any time you visit the Site or use any of the features on the Site, you agree to be bound by these Terms.

2. Definitions and Interpretation

Definition

2.1 In these Terms, unless elsewhere defined herein:

Consultation means a 15, 30 or 60 minute consultation with one of our kick-ass Immerse advisors that can be booked via our Site.

Force Majeure Event means any circumstance not within a party’s reasonable control including, without limitation:

Acts of God, flood, storm, drought, earthquake or other natural disaster. Getting dumped may feel like an act of God, but it doesn’t count as a force majeure event;
Epidemic or pandemic, including any industrial action or circumstances where there is Government enforced prohibition due to COVID-19 or any other pandemic or epidemic restricts the parties from fulfilling their obligations of this Agreement;
Terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
Nuclear, chemical or biological contamination or sonic boom;
Any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; and
Collapse of buildings, breakdown of plant or machinery, fire, explosion or accident.

Guides means our action-packed guides, bursting with information to set you on the right path to smashing your business goals, which can be downloaded via our Site.

Immerse Member Account means an account that you may be required to create on our Site in order to unlock some of the cool features and benefits you get (only if you are lucky enough to become an account holder), including access to various Products.

Privacy Policy means our privacy policy available here.

Resources means our supercharged resources designed to provide maximum value at super low prices, which can be purchased via our Site.

Services means all the services we provide, including but not limited to Products, advice, Consultations and documents.

Templates means our awesome ‘plug and play’ templates for you to complete, negotiate and sign that can be purchased via our Site.

Tailored Solutions includes our Tailored Reviews and Tailored Drafting located on our Tailored Solutions page on the Site.

Trade Mark Application means our super simple trade mark application process located on our trade marks page on the Site.

Interpretation

2.2 In these Terms, the following rules of interpretation apply unless the context requires otherwise:

headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms & Conditions;
where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
a reference to a document (including these Terms) is a reference to that document (including any schedules and annexures) as amended, consolidated, supplemented, novated or replaced;
an expression importing a natural person includes any individual, corporation or other body corporate, partnership, trust or association and any governmental agency and that person’s personal representatives, successors, permitted assigns, substitutes, executors and administrators;
a reference to writing includes any communication sent by post, facsimile or email;
a reference to time refers to time in Sydney, New South Wales and time is of the essence;
all monetary amounts are in Australian currency;
the word “month” means calendar month and the word “year” means 12 calendar months;
the meaning of general words is not limited by specific examples introduced by “include”, “includes”, “including”, “for example”, “in particular”, “such as” or similar expressions;
a reference to a “party” is a reference to a party to these Terms, and a reference to a “third party” is a reference to a person that is not a party to these Terms;
a reference to any thing is a reference to the whole and each part of it;
a reference to a group of persons is a reference to all of them collectively and to each of them individually;
words in the singular include the plural and vice versa; and
a reference to one gender includes a reference to the other genders.

3. Can you legally order a Mojito?

If you don’t have to use fake ID at a bar, you can place orders through this Site. By using this Site, you represent and warrant to Immerse that you are over the age of 18 years. Should Immerse 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 the minor’s parents or guardians. We may, in our sole discretion, refuse to offer our Products to any person or entity and we may change our eligibility criteria at any time. By using the Site you warrant the above to us. If the above conditions are not satisfied, please cease using the Site immediately.

4. Information on this Site is not legal advice

Immerse is not a law firm and is not registered or regulated by the Law Society of New South Wales or any other law society or institute in any other State or Territory within Australia.

All content contained on this Site, on our social media channels, or otherwise provided to you as part of the Products, including any Consultations, is intended to be of general information only.

The content does not constitute legal (or other) advice and should not be relied upon as such. While we use reasonable effort to ensure that our content is accurate, current and complete, we do not represent, warrant or guarantee its accuracy, currency or completeness (to the maximum extent permitted by law).

Our relationship has no label. Let’s keep this casual – using our Site or Products, or any steps taken by you or on your behalf after having accessed our Site or Products does not create a solicitor-client, agency, partnership, joint venture, employment, or franchisee relationship with us. No confidential, fiduciary, contractually implied, or other relationship is created with us other than pursuant to these Terms.

To reiterate, we are not your lawyers. No solicitor-client relationship is established by:

your use of the Site and the Products;
your use of other materials made available to you by using our Site; or
information via our social media channels or newsletters.

Consultations. If you book a Consultation, you acknowledge and agree (as a binding contractual agreement between you and us) that all information you receive from us is intended to be of general information only, in summary form on legal and/or other topics and does not constitute legal (or other) advice – therefore, it should not be relied upon as such, but keep reading!

Obtain your own legal or other professional advice. You should obtain specific legal or other professional advice before relying on any content contained on this Site, our Products and our social media channels. Don’t worry, our relationship isn’t exclusive – we don’t mind if you have wandering eyes, but come back to us, because we know you’ll think we’re awesome!

Want to make it official? If you need legal advice specific to your needs, get in touch with our awesome partner law firm, Lazarus Legal separately and they can provide legal advice to you once you have accepted their terms. Any other information, Consultations, documents or advice we provide you is not legal advice. Sorry we are hammering this home, but we trust you get the message!

5. Immerse Products

Templates

You are the captain of your own ship. You are solely responsible for the completion and use of the Templates. While we think they’re awesome (and hope you feel the same way), Immerse does not provide any warranties or guarantees regarding our Templates.

You are solely responsible for determining if any Template you purchase is fit for your specific circumstances and meets your legal or other requirements. You should carefully review any Templates accessed through the Site to ensure that they do not contain any mistakes, inaccuracies, or errors. If you have any questions or concerns regarding the use or legal enforceability of a Template, you must seek independent legal advice. If you don’t already have legal advisors on tap, we would recommend getting in touch with our pals at Lazarus Legal.

This isn’t Netflix, don’t share the goods. When you access any Templates, you are granted a non-exclusive, non-transferable, limited licence to access and use the Template for your own personal use. What this means is, you must not copy, produce, sell, or distribute the Templates to third parties for commercial purposes. Unlike when you’re fine tuning your photos for Instagram or editing your TikTok videos, you must not remove or modify anything, including copyright notices, licence notices or other notices contained in our Templates.

Tailored Solutions

Want something bespoke and tailored to your needs, or simply want us to review a document you have received and to tweak it to protect your interests? Well, then check out our Tailored Solutions page located on our Site at [insert link]. What’s on offer is a specific tailored solution (either tailored reviews or tailored drafting) starting from $385 including GST for Tailored Reviews and $605 including GST for Tailored Drafting.

We have kept these prices super low to ensure a smooth and seamless process with minimal amendments. If, however, you require the documents to be turned around in record time, or should you have complex amendments or suggestions that require some focussed brain power, or should you require us to negotiate these tailored documents with third parties and there are back-and-forth negotiations, then there will be a further fixed fee. But don’t worry, we will agree this fee with you in writing before we proceed any further, so you can always budget accordingly.

Oh, and before we forget, all of our Tailored Solutions will be drafted and/or reviewed by our experienced legal gurus at Lazarus Legal but will be charged to you via our Site at the super affordable rates offered by Immerse.

Trade Mark Application

Our Trade Mark Application process makes it so easy to apply for a word mark, logo mark or tagline/slogan. All you need to do is click on our Trade Mark Application page, fill out our simple Trade Mark Application form, pay the fees and lock in a Consultation.

We will then get in contact with you to clarify any information you have provided to us before we get the ball rolling.

What’s included and excluded from the application process is located on our Site, and also via our FAQs and in our trade marks guide.

The fees include our Immerse fees plus third-party government (IP Australia) fees, but exclude any opposition fees, amendments or additions to marks or classes, or and any adverse findings. These additional fees will be discussed with you in writing at the suitable time and we will not conduct any further work without receiving your formal instructions in writing.

One last point! Should you require any specific legal advice in respect to your trade mark Application, this will be provided by our partners over at Lazarus Legal.

6. Registration and security

Requirement for registration

Immerse reserves the right to make any parts of this Site accessible only to Users who have registered an Immerse Member Account – this is our coveted VIP list.

Username and password

Upon registration with this Site, you will be issued with a username and password to access your Immerse Account. Guard this with your life because you only have a few turns to get it right before your crypto millions are lost forever! Just kidding, but you are still responsible for maintaining the security of your password for this Site. Immerse will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Immerse will be entitled to assume that any person using this Site with your username and password is you or your authorised representative.

You must notify Immerse immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

In order to register an Immerse Member Account with this Site, you must agree to these Terms and provide Immerse with:

a valid email address;
accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator);
any other information that may be required by Immerse during the registration process; and
and your blood type (again, just kidding – just wanted to make sure you’re still reading).

You must promptly update this information to maintain its accuracy at all times.

You represent and warrant to Immerse that all information provided to us by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.

Multiple accounts and automated account opening

One person may not maintain more than one Immerse Member Account with this Site. Immerse Accounts registered by “bots” or other automated methods are not permitted.

Approval of registrations

Immerse reserves the right to accept or reject any application for registration of an Immerse Member Account with this Site at its sole discretion.

7. Orders

Order constitutes offer

By placing an order through this Site, you make an irrevocable offer to us to purchase the Products that you have selected pursuant to these Terms. Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any Products to you – however, Immerse will endeavour to supply your selected Products to you.

We will not commence processing any order made through this Site unless and until:

payment for the order has been received by us in full; and
the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

We reserve the right at our discretion to:

at any time prior to your order being accepted in accordance with these Terms, cancel all or part of your order and;
at any time
Refuse to provide products to you at any time;
Terminate your access to this Site at any time; and/or
Remove or edit any content on this Site.

Acceptance of orders:

Acceptance of each order will occur when:
- In the case of digital items:
  - Immerse sends the requested items to you at the time they are sent; or
  - Notifies you in writing that the requested items are available for download, at the time the notification is sent.
  - Title to and risk in the items will pass from Immerse to you at that time.
- In the case of services:
  - Immerse provides the services to you during the time it commences providing the services; or
  - Notifies you in writing that your order has been accepted, at the time at which such notification is sent by Immerse.

8. Prices

Immerse reserves the right to change the prices for Products displayed on this Site at any time before you place an order without providing any advanced notice. But don’t worry, we always have you in mind when it comes to pricing, and the price you pay is the price you pay. If we need to increase our prices at a later stage, rest assured it will all be worth it!

9. Payment methods

GST

Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Products and Products Tax) Act 1999 (Cth). Payment for orders placed through this Site may be made:

by credit card processed online using the secure Stripe payment gateway;
using a Stripe account; or
via direct bank deposit by electronic funds transfer (EFT).

Stripe secure payment gateway

Immerse uses the third-party Stripe payment gateway provided by Stripe Australia Pty Limited (ABN 93 111 195 389) for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and Privacy Policy, links to which are provided from the Stripe checkout pages. For more information about Stripe, see the Stripe website (http://www.stripe.com). Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (e.g., your name, email address and billing address).

Credit and debit card payments

It is not necessary to have a Stripe account in order to make a purchase on this Site. Stripe accepts all major credit and debit cards. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.

Payment by EFT

If you elect to pay for an order by direct deposit using EFT, after your order has been submitted, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.

Refunds and other remedies

Our Templates are pretty great, and we’re confident you will agree. That being said, unless expressly provided otherwise in these Terms, all amounts paid through this Site are non-refundable. In other words, if you purchase any Templates and then for some reason decide you don’t need or want them or they are not what you had anticipated, then it’s on you, pal! Just like you don’t buy a pair of Nike Air Jordans, wear em’ around for a bit, and then decide that they aren’t for you, so you try get a refund – our Products work the same way. However, we are so confident that our Products are the ‘Air Jordans’ in this space, we hopefully only will be hearing from you again because you want more! Regardless, any further information regarding the steps Immerse will take to remedy any breach of a non-excludable condition, warranty or guarantee is provided under the heading “Remedies limited” in these Terms.

Security

While Stripe and our Site hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other Immerse.

Immerse may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as Immerse considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

10. Intellectual Property

Copyright

In these Terms, the term “Proprietary Content” means:

this Site;
the Products;
all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and
all software, systems and other information owned or used by Immerse in connection with the Products offered through this Site (whether hosted on the same server as this Site or otherwise).

All Proprietary Content is the property of Immerse or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms or with the prior written consent of Immerse or other copyright owner (as applicable). You may download and print out content from this Site only for your own personal and non-commercial use, provided that you do not remove or modify any copyright, trade mark or other proprietary notices.

Trade marks

Immerse’s name and logo are trade marks of Immerse – these are ours, so hands off The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trade marks, service marks and/or trade dress of Immerse. These trade marks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without our prior written consent.

You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 10 and that equitable or injunctive relief may be necessary.

11. User Feedback, Comments and Other Submissions

Basically, we want to feature your obviously glowing reviews. Unless they suck, in that case they’ll never see the light of day.

In these Terms, the term “User Content” means any and all content that is submitted, posted or otherwise added to this Site by any User, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

This Site contains some features that enable you and other Users to upload User Content. Immerse reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

represent and warrant to Immerse that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
grant to Immerse a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Immerse’s absolute discretion.

Copyright claims

If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that Users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material, and further give particulars of the alleged infringement.

In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

12. Third party sites

This Site may contain links to websites that are owned and operated by third parties. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.

You acknowledge and agree that when you access a third-party website available via a link contained on the Site:

you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website;
we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and
you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Site.

13. Restrictions on use

Prohibited conduct

Your use of this Site and the Products is subject to the following ground rules:

Don’t attempt to interfere with the working of the Site. You must not use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site. You also agree not to engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
Don’t use this Site to break the law. You must not use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
‘Do anybody make real shit anymore’ – Kanye West, Stronger. You must not reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
No hacker sh*t. You must not use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site. Further, you must not reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site. You must not use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network (that said, if you do have this skill set do contact our IT department);
Don’t access the Site through any automated means. You must not use this Site by any automated means;
No junk in the trunk. You must not use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
Don’t use this Site to populate any database. You must not access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
Don’t interfere with advertisements on the Site. You must not interfere with the display of any advertisements appearing on or in connection with this Site;
Don’t falsely imply you are associated with us. We have an exclusive inner circle, so sorry you can’t sit with us. You must not falsely imply that any other website is associated with this Site
Respect our IP. You must not do anything that leads, or may lead, to a decrease in the value of Immerse’s intellectual property rights in this Site;
Competitors. Dear Competitors, we know we’re living in your head rent free, but you must not use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
Get our permission for publicity. You must not release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Immerse without our prior written consent;
Don’t use the Site to transmit information. You must not use this Site to transmit any information or material that is, or may reasonably be considered to be:

- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring Immerse or any of its staff into disrepute.

14. Violations of these Terms

Have you been good or bad? Don’t get on our bad list or else without limiting any other remedies available to us at law or in equity, we reserve the right to, without notice:

temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide products or our Products to you if;

– you breach any provision of these Terms;
– Immerse is unable to verify or authenticate any information that you provide to us; or

– Immerse believes that your actions may cause damage and/or legal liability to us, any of our customers or suppliers or any other person; and

remove or block access to any information and/or materials (in whole or in part) that Immerse, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Site Terms. Unlike your ex, we won’t be unblocking you on a lonely winter’s night.

15. Indemnity

You indemnify and hold harmless Immerse and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

any material or information that you submit, post, transmit or otherwise make available through this Site;
your use of, or connection to, this Site;
or your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.

16. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMMERSE 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 THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. (Is your internal monologue screaming too?)

Ahh back to lowercase. This Site is provided strictly on an “as is” basis. To the maximum extent permitted by law, Immerse 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 this Site or any of its content, and in particular do not represent, warrant or guarantee that:

the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
this Site will meet your requirements or expectations;
anything on this Site, 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 this Site will meet any particular requirements or expectations;
errors or defects will be corrected; or
this Site or the servers that make it available are free of viruses or other harmful components.

17. Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, Immerse 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, these Terms or the use of this Site by you or any other person.

Remedies limited

To the maximum extent permitted by law, Immerse and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Immerse’s sole discretion):

in the case of goods, to any of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired (unlikely because we aren’t a smash repairs business now are we); and
in the case of Services:

○the supply of the Services again; or
the payment of the cost of having the Services supplied again.

Release

You agree that your use of this Site is at your own discretion and risk. You agree to release Immerse and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this Site by you or any other person. Immerse may plead this release as a bar and complete defence to any claims or proceedings.

Force Majeure

To the maximum extent permitted by law, and without limiting any other provision of these Terms, Immerse excludes liability for any delay in performing any of its obligations under these Terms where such delay is caused by a Force Majeure Event, and Immerse shall be entitled to a reasonable extension of time for the performance of such obligations.

18. General

We may slide into your DMs if these Terms change

Immerse may provide any notification for the purposes of these Terms by email and/or by adding the notification into your User control panel.

Costs

Except as specifically provided in these Terms, each party must bear its own legal, accounting and other costs associated with these Terms.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without Immerse’s prior written consent. Your registration with this Site is personal to you and may not be sold or otherwise transferred to any other person.

Immerse may assign, transfer or sub-contract any of its rights or obligations under these Terms at any time without notice to you.

No waiver

Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Immerse to act with respect to a breach by you or others does not waive Immerse’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

Cheeky comments aside, the provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.

Variation

Immerse reserves the right to amend these Terms and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the Products or Services offered through this Site.

You may only vary or amend these Terms by written agreement with Immerse.

Governing law and jurisdiction

Yeah, we’re online, so technically our Site can be accessed by anyone from anywhere around the world. If you are sitting at your desk in London staring out over the River Thames while browsing through our Products, you are absolutely entitled to purchase them. However, until our Site and Products are specifically tailored for multiple jurisdictions (hopefully this won’t be long), we do not represent that our Site complies with any intellectual property or privacy requirements outside of Australia. If you want to take advantage of our Products or Services wherever you are based, you do so at your own risk and you will need to satisfy yourself when it comes to compliance of any laws in the jurisdiction in which you access our Site! Hope we didn’t scare you – phew!

For now, we are Bondi based, the influencer mecca of Australia, so our Terms will be governed in all respects by the laws of New South Wales, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

Now aren’t you good!

Well, well. You made it to the end. Got to be honest, didn’t think you would. After all, reading legal documents is like watching paint dry or perhaps like pulling teeth. That’s why we’re here! This stuff is boring as bat sh*t, but absolutely needed!

Because you got this far, we can only conclude that you actually enjoy reading legal documents, which means we need to get in touch, cause maybe, just maybe, we might want to recruit you to come and work for us! Just kidding… or are we?

Contact Us

Got any questions regarding these Terms, including how to apply for a job, get in touch via our “Contact Us” page here or via email at info@immerselegal.com.

Now get out there and smash it!!

Last Updated: 13th April 2023