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Cherrypicka Pty Ltd ACN 655 750 584 as trustee for the Cherrypicka Unit Trust, (We, Our or Us) operates the website at www.Cherrypicka.com.au (Website). Access to and use of the Website and the purchase of legal templates available through the Website (Templates) is subject to the following terms.
By using the Website, you are agreeing to these terms and our Privacy Policy (available on the Website) as may be updated by us from time to time (Terms and Conditions).
If you do not agree with the Terms and Conditions, that’s alright, but you must stop accessing and using our Website and you must not purchase any Templates through our Website.
By using this Website and purchasing any Templates you warrant that you are over 18 years old or have obtained the consent of your parent or guardian if you are under 18 years of age, and have the capacity to enter into a legally binding contract with us. If you access our Website from outside Australia, you do so at your own risk and you are responsible for following applicable laws where you access our Website.
The Templates sold by us are sold on these Terms and Conditions and any additional terms and conditions which may be notified to you at the time of placing your order, for example, promotional terms and conditions.
If you set up an account to purchase Templates, it is your responsibility to keep your account details and password private. You must not use another person’s account without our, and/or the other person’s express permission.
Important: Not legal advice
The Templates sold on the Website and any advice or other materials available on the Website or sent by email to you is not legal advice and should not be relied upon as legal advice. The Templates and other materials are based on Australian law and are not suitable for use outside of Australia.
We are not a law firm. No client / solicitor relationship is formed between you and us when you purchase and use the Templates or materials made available to you by us. The Templates do not cover every situation or law that applies to you or your specific circumstances. If you have any questions, concerns or are unsure whether the Template is right for you or your business, you must see a qualified lawyer before using the Template. The Templates are not intended to be a substitute for legal advice.
The Templates and information made available to you are current as at the time of purchase. Please refer to the Guidance Notes which is supplied to you with the purchase of each Template for further information on how to use the Templates.
We are not liable or responsible (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information we provide on our Website, including our Templates, unless otherwise required by law.
We have invested a lot of time and resources into creating our Templates and packs so please respect this and use our documents fairly. The Templates that you purchase from the Website are provided to you on the basis of a limited, non-exclusive licence for non-commercial use. This means that you can use the Templates in whole or in part to enable to you create legal contracts and documents for your own business. You can use and reuse the Product within your business as many times as you like, however, you must not share the Templates with any third party, publish or reproduce the Templates transfer, licence or distribute the Templates.
To be able to buy Templates you must:
You will be directed to the checkout page where you will be provided details of your order including the price for the products ordered, including any Goods and Services Tax (GST) and any other charges. You should review your order carefully, check the total price and the other information you have provided to ensure it is all correct.
Once you have submitted and confirmed your order using the Website, we will send an email to your nominated email account containing a link to download the Templates, as well as a separate email containing an invoice. Please make sure that the email address you provide is correct.
We may choose in our absolute discretion not to accept your order for any reason including if we hold any reasonable suspicion that your order is fraudulent, or would be in breach of these terms or any applicable law.
A contract between us for the purchase of the Templates will not be formed until your payment has been approved by us and your credit or debit card has been debited.
You must pay for the order in full at the time of ordering by using one of the payment methods available on the Website. Each payment methods are also subject to the terms and conditions of the payment processor, and by proceeding with an order on the Website you expressly warrant you have read, understand and agree to those terms (Processor Terms). We are not a party to the Processor Terms and are not liable to you in any way as a result of the Processor Terms.
By placing an order on our Website, you consent to us performing any reasonable security, credit, and other checks including by transmitting details about you to or from third parties to verify the information provided and your compliance with these terms, to facilitate the purchase, and to prevent fraudulent use of the Website.
If a payment cannot be processed, you will be notified. You will then need to contact the card issuer or payment processor directly and endeavour to resolve the issue directly.
If we do not receive the authorisation that the payment has been processed, we will cancel your order.
Delivery of the Templates will be to your nominated email address with a link to download the Templates. You can also access your Templates through your online portal.
If you are unhappy with the Templates please contact us within 14 days of purchase and we will work with you to understand your concerns. If we are unable to address your issues, we are happy to offer you a refund for the Template to which your concern relates.
Please send us an email to [email protected] to discuss a return.
To avoid doubt, nothing restricts your ability to make a claim that may be available to you for failure to comply with a guarantee under the Australian Consumer Law.
We may amend these Terms of Use from time to time with or without further notice to you and without giving you any explanation or justification for such change. Amendments will be effective immediately upon being published on this Website.
You should check this page regularly to ensure you are aware of our current Terms of Use.
Your continued use of this Website constitutes your acceptance to these Terms, including any amended Terms as and when they are published on this Website.
Access to this Website is permitted on a temporary basis. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website for business or operational reasons.
You may only use this Website for lawful purposes and in accordance with these Terms and Conditions. You must not misuse this Website and you agree that you will not:
This Website may contain links to other websites (Linked Sites), which are not operated by us. We do not control the Linked Site and we are not responsible for the information on any Linked Site. The existence of a link to other sites does not imply any endorsement by us of the contents of the linked site. You must decide if the Linked Sites are suitable for you.
If you wish to establish a link to this Website, you must first seek our approval. If we agree to your proposed link, you must comply with any terms and conditions imposed by us as a condition of such agreement.
Unless you tell us otherwise, we will assume that any material you post, upload, publish, submit or transmit to us on or via the Website (User Content) is not confidential or proprietary in nature.
This includes any data, reviews, questions, comments, suggestions, ideas, or other information. You allow us to use any User Content that you submit for any purpose without compensation to you, including the right to reproduce, copy, adapt or change the User Content.
Where you submit any material to us, you warrant that you are authorised to provide the material, that the material is not fake, obscene or defamatory, does not infringe any third party intellectual property rights or rights of any person or corporation, and is not unlawful in either Australia or any other country where the material is or will be available electronically to users of this Website.
By uploading any User Content to the Website, you warrant you are authorised to, and do, grant us a perpetual, non-exclusive and payment-free licence throughout the world to:
(a) reproduce, use, modify, publish, sub-licence to others and otherwise exploit the User Content; and
(b) modify or remove any part of the User Content at any time.
You also consent to the infringement of your moral rights in the User Content.
We reserve the right to remove any User Content at any time for any reason including if it breaches these Terms and Conditions.
We are not responsible for any loss you or any third party may suffer as a direct or indirect result of uploading User Content. This includes if we remove any of your User Content from this Website.
Unless we state otherwise, we own or licence all intellectual property rights on our Website and using our Website does not transfer any of these rights to you. The Website content, including the Templates, is protected by intellectual property laws and treaties around the world. All such rights are reserved by us and our licensors.
You use and access our Website at your own risk. To the maximum extent allowed by law, we make no representations or warranties about our Website or the content of the Website including:
To the maximum extent permitted by law, we are not responsible, and exclude any liability to you or anyone else suffered in connection with the use of this Website, Templates or any of its content.
Certain laws such as the Australian Consumer Law contain guarantees that protect the purchasers of goods and services in certain circumstances (“non-excludable consumer guarantees”). Nothing in these Terms and Conditions alters any protection available to you under the Australian Consumer Law.
Our liability to you under or in connection with these Terms and Conditions; the Website; the Templates (whether arising in contract, tort, negligence, breach of statutory duty or otherwise), or a breach of any non-excludable consumer guarantee is limited, at our option, to resupplying the goods or re-performing the services or the cost of resupplying the goods or performing the affected part of the services again. Where the Australian Consumer Law applies and there is a major failure in the goods or services, we will provide you with another remedy as required by the Australian Consumer Law. To the extent permitted by law, we will not be responsible for any consequential or indirect loss suffered by you.
To the maximum extent permitted by law, you must indemnify us for any loss or damage you cause us arising out of or relating to your breach of these Terms and Conditions or your use of the Website, Templates or any applicable laws.
We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination.
We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any loss arising as a consequence of terminating access to the Website.
For any questions about these Terms and Conditions, please contact us at:
These Terms of Use were last updated on 24 August 2022