Website Terms of Use

 

Copyright © Enforce Recoveries All rights reserved.

Copyright in the content of the Website is owned by Enforce Recoveries unless otherwise indicated.  To the extent where Enforce Recoveries owns the copyright in the material published on this website, Enforce Recoveries grants you a licence to copy any such material for non-commercial use only, provided that any copied material from the website retains all copyright or other proprietary notices and any disclaimer contained thereon.  Any infringement of our rights will result in appropriate legal action. Enforce Recoveries disclaims any and all liability which may result from any unauthorised reproduction or use of the information on this site.

Links to other websites from this Website via hyperlinks are in no way are meant to imply that Enforce Recoveries endorses, sponsors, promotes or is affiliated with the owners of or participants in those sites, or endorses any information contained on those sites, unless expressly stated. Enforce Recoveries does not assume any liability for the accuracy of any information in these sites, the content or presentation of linked sites.

Thank you for visiting https://enforcerecoveries.com.au (“the Website”).  We are committed to protecting the privacy of users of our website. We understand that visitors to and users of this website are concerned about their privacy and the security of any information that they may provide.

These Terms of Use govern your use of our Website and form a binding contractual agreement between you, the user of the website and Williams Love & Nicol Lawyers Pty Ltd trading as Enforce Recoveries (“our” or “we” or “us”).   You acknowledge that you have read and you agree to these Terms and our Privacy Policy (“Privacy Policy”).

We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with these Terms.

You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for your own personal, non-commercial use.

You acknowledge and agree that:

– we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and

– the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes.

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.

The information on the Enforce Recoveries Website is provided for information purposes only. It is not intended to be comprehensive and it does not constitute legal advice. While we endeavour to ensure that the information contained in the Website is up-to-date, accurate and complete, we make no representations or warranties that the information contained in the Website is up-to-date, accurate, complete, comprehensive or useful for the purpose for which it is obtained. The information is provided on the basis that readers will be responsible for making their own assessment of the content presented.  The information is provided on the basis that all persons accessing the Website undertake the responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk. We strongly recommend that you seek legal or other professional advice before acting or relying on any information on the Website.

Enforce Recoveries does not accept liability to any person for the information or advice provided on this Website, or incorporated into it by reference.  Enforce Recoveries does not accept liability for loss or damages incurred as a result of reliance upon the material contained in this Website or any other information incorporated by reference.

Enforce Recoveries makes no warranties that the information on this Website is free of infection by computer viruses or other contamination.

In no event shall Enforce Recoveries be liable (including liability for negligence) for any damages (including without limitations, direct, indirect, punitive, special or consequential) whatsoever arising out of a person’s use of, access to or inability to use or access this site or any internet site linked to this site.

If you do not agree to these Terms or our Privacy Policy we ask you to cease using the Website immediately.

We reserve the right to change these Terms of Use from time to time, and at any time, and you agree to be bound by any such changes when they are posted on the Website.

1.1 Contract

a. You agree that by clicking to accept, or ticking the box and signing under, “I have read and agree to the Terms and Privacy Policy of Enforce Recoveries”, you are making an offer to enter into a contract with Williams Love & Nicol Lawyers Pty Ltd trading as Enforce Recoveries (“our” or “we” or “us”).

b. You agree that the contract between you and Enforce Recoveries is formed when we communicate acceptance of your offer either by phone or email, this may be in the form of a ‘confirmation of order’.

1.2 Updates

We reserve the right to change these Terms of Purchase from time to time, and at any time, and you agree to be bound by any such changes when they are posted on https://enforcerecoveries.com.au (“the Website”). This version of the Terms of Purchase is effective from 1 April 2019.

2.1 Creation of a Customer Account

a. To purchase our Services you must create a customer account online by following the instructions under “Register” on the Website (the Customer Account).

b. With respect to your Customer Account, you warrant and represent that:

i. you will only submit accurate information (including information about you, the identified debtor, and the debt);

ii. you will keep your information up to date and accurate at all times;

iii. you will not upload or allow to be uploaded any computer viruses or malicious code; and

iv. you will choose an appropriate password (having regard to any password criteria posted on the Website).

c. If you choose to give access to your Customer Account to third parties, any details provided therein must be accurate, and we disclaim any liability in connection with a third party abusing or misusing your Customer Account as a result of your granting that access.

d. We reserve the right to suspend your Customer Account pending an investigation and resolution if any security violations are believed to have occurred in association with your Customer Account.

e. We reserve the right to terminate your Customer Account, block future access to the Website and your Customer Account if you violate any of these Terms or the Terms of Use of our Website.

3.1 Sale and Purchase

Subject to the remainder of these Terms, and in consideration for the payment of the Price, we agree to prepare one letter of demand to your identified debtor, sent by Bradley Allen Love Lawyers (our “debt recovery legal partner”) (“the Service”).

3.2 Orders

a. Orders can be placed with Enforce Recoveries online by following the instructions under “Submit New Matter” in your Customer Account.

b. Enforce Recoveries engages our debt recovery legal partner to send the letter of demand. Therefore our debt recovery legal partner must first conduct a “conflict check” to ensure they do not already act for the debtor.

c. Enforce Recoveries will reject any Order where our debt recovery legal partner has a conflict of interest with the identified debtor. If this occurs, you will receive a full refund of the Price within 5 Business Days.

d. Once an Order has been received and accepted by us, an order confirmation will be sent to your nominated email address.

e. Enforce Recoveries reserves the right to accept or reject (in whole or in part) any Orders placed.

f. If Enforce Recoveries rejects an Order we will notify you at your nominated email account within 2 Business Days. If Enforce Recoveries rejects an Order due to a failure by you to upload complete or accurate information a refund of the Price will not be provided.

g. You may cancel your Order only if we have not yet provided the Service.

h. If you wish to cancel your Order, please contact administrator@enforcerecoveries.com.au. We will notify you of the outcome of your cancellation via an email to your nominated email address. If you successfully cancel your Order we will organise a full refund of the Price already paid.

3.3 Payment

a. The price of all Services, delivery, and any other fees or charges that may apply (“the Price”) must be paid in full at the time you place an Order.

b. Payments may be made by credit card (Visa, Mastercard, Bankcard) or by some other means permitted by us from time to time as nominated on our payment page.

c. All Prices appear in Australian dollars and are inclusive of GST (where applicable).

d. Prices are correct at the time of display on the Website, although they are subject to change.

e. You are not entitled to set off the Price against any sums owed or claimed to be owed by either us or the identified debtor to you.

3.4 Security of Payment

a. Enforce Recoveries uses WooCommerce and Westpac PayWay for its online credit card transactions.   All online credit card transactions performed on the Website are secured payments.

b. The following information applies to payments received by Enforce Recoveries via the Website:

i. Payments are fully automated with an immediate response;

ii. Your complete credit card number cannot be viewed by Enforce Recoveries or any outside party;

iii. All transactions are performed under SSL Certificate;

iv. All transaction data is encrypted for storage within bank-grade data centres, further protecting your credit card data; and

v. WooCommerce and Westpac PayWay advise that they meet the PCI-DSS compliance standards.

c. If you have questions about security of payment through our Website, you can email us at enforce@ballawyers.com.au.

3.5 Delivery

a. The Price must be received in full before any Services are provided.

b. If your Order is submitted before 11am on a Business Day, and there is no conflict of interest, then we will send the letter of demand to the identified debtor by 5pm on the same Business Day.

c. If your Order is submitted after 11am on a Business Day, and there is no conflict of interest, then we will send the letter of demand to the identified debtor by 5pm on the next Business Day.

d. We will send a copy of the letter of demand to your nominated email address once it has been sent to the identified debtor.

e. Whilst we will use our best endeavours to meet the timeframes stated for delivery, please note that many factors can affect these timeframes and cannot guarantee that timeframes will always be met.

f. We are not liable for any costs, losses, damages or expenses arising from a failure to deliver the Services in the estimated timeframes.

4.1 Website information not legal advice

The information on the Enforce Recoveries Website is provided for information purposes only. It is not intended to be comprehensive and it does not constitute legal advice. While we endeavour to ensure that the information contained in the Website is up-to-date, accurate and complete, we make no representations or warranties that the information contained in the Website is up-to-date, accurate, complete, comprehensive or useful for the purpose for which it is obtained. The information is provided on the basis that readers will be responsible for making their own assessment of the content presented.  The information is provided on the basis that all persons accessing the Website undertake the responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk. We strongly recommend that you seek legal or other professional advice before acting or relying on any information on the Website.

4.2 General Liability

a. In no event will Enforce Recoveries be liable (including liability for negligence) for any loss or damage (including death, personal injury, or property loss or damage) whatsoever arising out of:

i. a person’s reliance upon the material contained in the Website or any other information incorporated by reference; or

ii. a person’s use of, access to or inability to use or access the Website or any internet website linked to the Website. This includes but is not limited to the transmission of any computer virus.

b. To the extent permitted by law, Enforce Recoveries specifically disclaims all warranties whether express, implied, statutory or otherwise relating in any way to these Terms, including, without limitation, any warranty about the Website or any of its content.

c. Where liability cannot be excluded, any liability incurred by us in relation to the use of this Website or the purchase of the Services is limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). To the extent permitted by law, we will not be liable for any indirect, incidental, special or consequential loss.

5.1 Ownership of IP

a. Unless otherwise specified, Enforce Recoveries owns all intellectual property rights (including but not limited to copyright, trademarks and designs) in the Website including all materials and related content. Some of the intellectual property rights may be owned by third parties and is included on the Website under a license or agreement.

b. We (or our licensors) retain all right, title, and interest in the Website and all related content, and nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you.

c. Except as provided in these terms and conditions, permission to reprint or electronically reproduce information on the Website (whether in whole or in part) for any purpose is expressly prohibited, unless it is for your personal educational use or you obtain our prior written consent. None of the Website (including any materials or content) may be reproduced on any other webpage.

5.2 Editorial Content & Uptimes

a. You acknowledge and agree that:

i. we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and

ii. the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes.

5.3 Third party websites

a. Enforce Recoveries may provide access to information, products or services offered on websites that are owned and operated by other companies (“third-party websites”). We can provide this access through the use of hyperlinks that may automatically remove you from the Website to the third-party website. Enforce Recoveries offers you links on an “as is” basis.

b. When you visit a third-party website by using a link on the Website, you will no longer be protected by the Privacy Policy or security practices. The data, use and protection practices of the linked site may differ from the practices of Enforce Recoveries. You should familiarise yourself with the privacy policy and security practices of the linked website. Enforce Recoveries is not responsible for the content or accuracy of any third-party websites. Enforce Recoveries is not responsible for any loss or damage of any sort resulting from the use of the link on its websites nor will it be liable for any failure of products or services advertised or provided on these sites.

6.1 Authority

You warrant that you have the authority to obtain, collect, and submit any personal information delivered to us in connection with the use of the Website (whether about you or the identified debtor).

6.2 Consent to Privacy Policy

By using the Website, you consent to your personal information being collected, used and disclosed in accordance with these Terms and the Privacy Policy. A copy of the Privacy Policy is contained here.

7.1 Definitions

Business Day” means a day on which trading banks are open for ordinary business in the Australian Capital Territory.

Order” means an order placed for the Service for each identified debtor when you “Submit a Matter” through our Website.

7.2 Damages

Enforce Recoveries reserves all of its rights to recover any loss or damage incurred as a result of your breach of these Terms.

7.3 Severability

If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.

7.4 Governing law

You agree that all matters relating to the use of the Website and purchase of any Services from the Website, including all disputes, are governed by the law of the Australian Capital Territory and the Commonwealth of Australia, and you unconditionally submit to the non-exclusive jurisdiction of their courts.