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TERMS AND CONDITIONS OF USE AND SERVICE:

WRITE MY LETTER (“WE” “US” “OUR” etc) PROVIDES THIS WEBSITE TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE AND SERVICE (THE “Ts & Cs”). PLEASE READ THESE Ts & Cs CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE Ts & Cs AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE Ts & Cs, DO NOT USE THIS WEBSITE.

 

Dear Write My Letter user,

Thank you for visiting Write My Letter, an online company doing business at http://www.writemyletter.com.au and owned and operated by Jason Themistoklis (ABN 40 334 330 043), trading as Write My Letter. The Terms of Use which include the Privacy Policy and Frequently Asked Questions (FAQ), set out the terms and conditions that control the use of this website by any user (“you”).

 

IMPORTANT: While you should read the entire contents of these Ts & Cs, we would like to highlight the following information:

  1. WE ARE NOT AN INCORPORATED LAW FIRM AND WE DO NOT PROVIDE LEGAL ADVICE OR FINANCIAL ADVICE;

  2. Our services and products are created by using the information you supply to us through our website or other communication, and are signed off by you (WE DO NOT SEND LETTERS OR ANY CORRESPONDENCE ON YOUR BEHALF); - please see our Speak For Yourself™ Policy for more information.

  3. We strongly recommend you seek legal advice before sending a letter that threatens legal action; and

  4. All credit card transactions performed on our website are performed using PayPal, a free secure online merchant with privacy and security of the utmost importance – if you suspect an error or fraudulent transaction we encourage you to contact your financial institution immediately and to notify us immediately. Before using this website, you should ensure that your system is installed with the latest anti-virus/anti-spyware software.

 

These Ts & Cs have been written in a way that helps to ensure that you, the customer, will understand them. We have tried to avoid technical sounding words wherever possible.

 

DEFINITIONS OF WORDS AND TERMS USED IN THESE Ts & Cs:

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  • “Communication” – means any method of communication or correspondence entered into between us and you – including, but not limited to: emails, telephone, regular mail, and the form submission on our website.

  • “Convey” – reference to this word means that a message will be understood by the receiver based on the instructions and the message you ask us to write.

  • “Customer” or “Client” – means you, or the person, company or organisation that uses and purchases our products and services.

  • “Product” or “Products” – means the final, completed product of any of our services: usually this will be in the form of a .RTF (Rich Text Format) or a .DOCX format (file types that will allow you to view, edit, print and use the product for any purpose you may have).

  • “Service” or “Services” – means any service(s) offered by us, and any service(s) you may ask us to perform for you, and any service that we have provided a quote to you for.

  • “Us” or “We” etc – means WRITE MY LETTER:

  1. Address:

13 Hartley Crescent, Greenvale, Vic, 3059

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  • Solet-trader/Owner:               Jason Themistoklis

  • “User” – any person who visits the website or uses the website to purchase a service or product.

  • “Website” – unless otherwise stated, means our website (www.writemyletter.com.au) and all of its associated pages, forms and sub-pages, links and advertisements.

  • “You” – means you, or the person, company or organisation that uses and purchases our products and services or the person company or organisation that visits our website.

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  1. Acceptance and Terms of Use:

 

By using this website (which includes visiting the website whether or not purchasing any products or services) you agree to the Ts & Cs set out below and provided by Write My Letter and to follow all regulations that apply to this website. If you do not agree to the Ts & Cs, you must stop using this website.

 

  1. Conditions:

 

Write My Letter reserves the right to make changes to these Ts & Cs and/or our Privacy Policy and other policies as we deem necessary or desirable, and without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges to any of our products or services. There are no hidden costs, in that every transaction will clearly indicate what you are paying for and how much you are paying for it.We suggest that all users re-read the Ts & Cs and Privacy Policy and other Policies, from time-to-time to be aware of any such changes. We endeavour to clearly advertise on our website any major changes to these documents.

 

  1. USE OF THIS WEBSITE:

 

You must not use this website for any manner or purpose, or in any manner or purpose, which is unlawful or contrary to these Ts & Cs. We reserve the right to reject in our absolute discretion, any order you place to purchase a product or service, or to deny access to this website, for any conduct that we believe may breach the law or any of these Ts & Cs.

 

Content on this website, such as graphics, logos, information, text, material or advertisements is protected by Australian and international copyright and trademark law.Content on this website must not be modified, copied, reproduced, republished, posted, transmitted or distributed in any way except as expressly authorised in writing by us.

 

  1. YOUR PERSONAL INFORMATION:

 

You should read our , which includes important information about how we may retain and use personal information about you gathered in the course of your use of this website or purchase of any product or service from this website.

 

By using this website or purchasing any product or service from this website, you consent to us retaining and using your personal information in accordance with the .

 

We will not, and do not, sell your personal information. Your personal information consists of the information you supply to us in the course of purchasing a product or service and your personal information is not used for any marketing nor is it resold to third parties for marketing purposes without your express permission.

 

Some information submitted to us is hosted on external servers at www.wufoo.com. Our agreement with them is that they will not use any information exchanged through their servers for sale or distribution to any third-parties without OUR express permission.

 

Use of online payment facilities are hosted through PayPal servers at www.paypal.com.au. Users are encouraged to read the relevant Terms and Conditions for using this service.

 

  1. CREDIT CARD INFORMATION: We do not store or have access to any of your credit card details.

 

  1. OTHER PAYMENT OPTIONS: Depending on your chosen method of payment, including electronic funds transfer from a bank account, we may have access to your bank details, including the normal information that would normally be available to an individual after receiving an electronic funds transfer, including BSB, account number, and account name.  This information is used for record keeping only and is not used for any unlawful purpose and is subject to our Privacy Policy and any applicable laws of Australia.

 

  1. LINKS AND ADVERTISEMENTS:

This website may include links to other websites. Unless otherwise stated at those websites, those websites are not controlled by us. By using those links, you acknowledge and agree:

 

  1. We are not responsible for the availability of, or in relation to, content located on or through another website;

 

  1. Links to another website on this website does not imply any endorsement by us of the linked website;

 

  1. Links to another website on this website does not imply any connection or relationship between us and the owner of any linked websites; and

 

  1. You use any links to another linked website at your own risk.

 

  1. WHAT WE DO (WHAT YOU ARE PAYING FOR):

 

  1. Letter Writing Services:

 

Mainly we provide a letter writing service which begins by you telling us what kind of letter you need to send. The list of letters we provide (as listed on our website) are intended as a guide only. THESE ARE NOT TEMPLATE LETTERS (STANDARD FORM) – WHICH MEANS, OUR LETTERS ARE NOT PRE-WRITTEN.

 

Each letter you request is prepared by us. This does not include any legal documents that you ask us to source for you from a service provider who is authorised to provide that service. This may include contracts and terms and conditions. We consult with you and use the information you provide to us to source a document for you which is intended to meet your needs.  Any document you receive from us (whether prepared by us or not) IS NOT LEGAL ADVICE AND IS IN NO WAY INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WE STRONGLY RECOMMEND YOU OBTAIN INDEPENDENT LEGAL ADVICE BEFORE USING ANY PRODUCT OR SERVICE FROM US.

ALL letters are signed off by you. We will never provide you with a service or product that is signed off by us, or appears or holds itself out to be a letter from us to the intended receiver.  Please see our Speak For Yourself™ Policy for more information.

 

  1. Other Services:

 

We provide a range of other writing services. These services are limited by whatever projects you may request us to undertake. If there is a task or project that we do not specifically list on our website, we encourage you to contact us about the task or project and we will provide you with a written quote.

 

All of our services (whether commissioned by you or otherwise) are subject to these Ts & Cs and are protected by the same limitations of liability.

 

  1. All Services:

 

All products and services are provided in accordance with our Speak For Yourself™ Policy. As such, you may request any changes to your product or service to ensure the product or service accurately reflects or conveys your intended message.

 

All products and services are delivered to you in a format via your chosen email contact. If you are having trouble opening or reading any documents we have sent you, please contact us for assistance and we will help resolve the problem.

 

Rich Text Format is a universal format which can normally be viewed by most systems.

 

  1. Same day or Next Day Delivery (Express Service):

We offer an Express Service by express written agreement only.

 

  1. For all Express Service requests, we reserve the right to refuse any Express Service request.

 

  1. All Express Service requests are subject to a maximum 50% surcharge. Where 35% surcharge is advertised or offered, this is only in relation to those orders received before 12pm on any given day and those orders we agree to provide an Express Service at this rate for. Factors influencing the 35% to 50% surcharge range include the overall length and complexity of the request.

 

  1. Where an Express Service request is not fulfilled by the agreed time and where time is indicated as being 'of the essence' by the customer at the time of placing the quote, a maximum refund of the Express Service surcharge only applies. We reserve the right to refund any other portion we deem fair and equitable in the circumstances.

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  1. WE DO NOT PROVIDE LEGAL ADVICE FOR ANY SERVICE.

 

While the finished product you receive has been prepared by a legal practitioner, Write My Letter is not a legal practitioner and it is NOT an incorporated legal practice. Other services provided include obtaining documents that are prepared by legal practitioners which we source for you based on our consultation(s) with you. We do not prepare legal documents of any kind, nor do we take any responsibility for the fitness for purpose of any legal document we obtain on your behalf. We strongly encourage you to obtain independent legal advice before using any letter or document, either prepared by us or not.

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Our services are strictly limited to providing you with a refined, edited and “polished” version of your own story and/or intended message.

       

THIS WEBSITE IS NOT INTENDED OR DESIGNED TO PROVIDE YOU WITH LEGAL ADVICE OR TO PROVIDE YOU WITH ANY LEGAL SERVICES.

 

Our website and our information gathering practices and procedures are intended to be a guide only. We can only guarantee that the finished product you receive is as accurate and relevant to your personal circumstances as the information you have supplied to us.

 

  1. SEEK LEGAL ADVICE:

 

We are NOT a law firm. Before using any product or service that you have received from us, we strongly encourage you to obtain legal advice. We will only prepare a letter or service based on the information you have supplied to us, as such, we can only guarantee that the finished product will accurately contain and convey your message.

 

  1. LIMITATIONS ON OUR LIABILITY/RESPONSIBILITY:

 

While we will physically write most letters for you, the message and content of any product is yours and yours exclusively, and once you receive any drafts or final copies of any product or service, you have the sole discretion to do what you want with it. Other services provided include obtaining documents that are prepared by legal practitioners which we source for you based on our consultation with you. We do not prepare legal documents of any kind, nor do we take any responsibility for the fitness for purpose of any legal document we obtain on your behalf. We strongly encourage you to obtain independent legal advice before using any letter or document, either prepared by us or not.

 

We do not take any responsibility for any claims, damages, loss, death or injury arising from the use (or misuse) or reliance on our products and services. In short, you ultimately decide to send a letter or use a product or service that we have provided and therefore you forever and completely indemnify (protect) us from any claims, damages, loss, death or injury however and whenever it may arise. We strongly recommend you seek legal advice before using this service. We do not provide legal advice.

 

  1. CONSUMER PROTECTIONS/GUARANTEES:

 

As we are a business owned and operated in Melbourne, Victoria, Australia, we are subject to any and all applicable laws, both Commonwealth and Victorian. You agree that if any dispute or cause of action were to arise between us and you, regardless of your locality, you irrevocably and completely submit to the laws of Australia and the jurisdiction of Victorian courts and/or Tribunals.

 

As per the Schedule 2, Part 3.2once you receive a draft or finished product or service from us, ownership of that product transfers completely to you. In other words, you are responsible for the use (and/or misuse) of any product, and we are not responsible for any loss, damage, death or injury, you (or another person or entity) may suffer, from your use (or misuse) of this site, howsoever such loss, damage, death or injury may arise. You agree that use of this website is done so at your own risk.

 

  1. Competition and Consumer Act 2010 (Cth) (the “Act”): We provide all of the Consumer Guarantees as contained in the Act to the extent to which they apply to these Ts & Cs and between you and us. These Ts & Cs are subject to any applicable Consumer Guarantees as contained in the Act. Where there has been a breach (by us) of the Consumer Guarantees, we rely on Section 64A of the Act which means our liability to you for any breach of a Consumer Guarantee is limited to: -

 

  1. Where there is a supply of goods, to the replacement or resupply of equivalent goods, or the payment to you of the cost of replacing the goods or acquiring equivalent goods.

 

  1. Where there is a supply of services, to the supply to you of the services again or the payment of the costs of having the services supplied to you again.

 

  1. Express Disclaimers: Subject to the Act, we completely disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. For example, if you ask us to create a letter to demand money from someone, and that person never actually pays you the money owed, we do not provide any warranty or guarantee that your letter  or document will achieve the intended result. We provide no warranty or guarantee that products or services we provide to you will be free of errors – however we do guarantee that any errors brought to our attention before you have used the product, will be fixed or corrected at no charge to you. We do not warrant or guarantee that our website is free of viruses or other harmful components and we strongly recommend you use our website with the latest anti-virus/anti-spyware software installed on your system. Our systems are constantly updated with the latest anti-virus/anti-spyware software.

 

  1. REFUNDS/CANCELLATIONS/CHANGES:

 

  1. Refunds:

Due to the type of services we provide, we are unable to offer full refunds once a draft has been submitted to you for review. Once we have sent a draft version of any service or product you have ordered, you will be unable to get a refund if you change your mind, or are unhappy with the service or product (please refer below).

 

Full refunds will only be given in the following circumstances:

 

  1. BEFORE a draft version has been submitted to you if and only if you communicate to us that you want a refund for a particular service or product.

 

  1. Full refunds will be given if we decide, at our discretion, to cancel, or refuse to complete your order.  If we decide to cancel your order, or if we refuse to complete your order, we will notify you as soon as possible. We do not have to tell you why a specific order has been cancelled or refused, but in most cases we will try to fully inform you why a particular decision has been made.

 

  1. If we fail to uphold our promise to send the first draft version of your chosen product or service WITHIN twenty-four (24) hours of your order being processed, we will refund you the full amount of your purchase (for that product or service that is guaranteed in accordance with section 7(d) – 24-Hour T-Around Guarantee in these Ts & Cs – above).

 

  1. Cancellations:

Cancellation requests must be made either in writing, or by calling us, and must be made BEFORE a draft version has been submitted to you for review and must be made in writing within from the date of payment for that job. PLEASE NOTE: if a cancellation request is received AFTER a draft version has been submitted to you for review, at our discretion, we may refund you 50% of your purchase price at our sole discretion and depending on the circumstances.

We reserve the right to refuse to do or cancel, at our absolute discretion, any request for any service, for any reason. If we decide to cancel an order, and you have already paid for that order, we will refund the full purchase amount.

 

  1. Changes:

At ANY time during the creation of your product or service, you may request changes, and/or alterations. These changes and alterations are done so in accordance with our Speak For Yourself™ Policy and are ABSOLUTELY FREE OF CHARGE. Once a draft version of the letter has been sent to you for review, you may make any changes/alterations you like. You may make changes yourself, or you may ask us to do it, you can even request a completely new re-write/style.

 

  1. Suspended orders and / or cancelled orders:

If at any time you ask us to suspend work or cancel an order, you will have exactly seven (7) days from the date of that request to notify us to resume work to complete the order. Should you fail to instruct us to resume work within seven (7) days, we will deem the order as cancelled entirely and you will not be entitled to any refunds for that work. We may or may not decide to send you any partially completed work, at our sole discretion.

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