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This Client Portal Agreement ("Agreement") is made by and between Shine Lawyers Pty Ltd ("Shine") and the registered user effective on the date the site registration is completed ("you") with the following terms and conditions ("Terms and Conditions"):
Shine provides a voluntary client portal (secure internet site) to permit easy and secure electronic transfer of documents between you and Shine as well as ongoing client access to certain documents (which may include confidential documents) created or maintained by Shine ("Client Portal"). Shine has sole discretion to decide which types of documents can be uploaded or viewed on the Client Portal.
Acceptance of Terms and Conditions
The Client Portal is offered to you conditional upon your acceptance of the Terms and Conditions. By using the Client Portal you agree to these Terms and Conditions. Shine may modify, suspend, discontinue or restrict the use of any portion of the Client Portal, including the availability of any portion of the content at any time, without notice or liability.
Description of Service
The Client Portal provides you with access to information displayed on the Client Portal for deliveries of documents and communications for your account only. The information, documents, and communications on the Client Portal are provided as a convenient resource to you and may be used for information purposes only. The information contained on this site should NOT be used as a substitute for consultation with professional accounting, tax, legal, or other competent advisors.
The Client Portal provides the ability for two-way communication between you and Shine and serves exclusively as a secure environment to transmit documents back and forth. Documents being transmitted from you to Shine will remain available on the site until the applicable engagement or project is completed, at which time they will be removed.
Shine will use its best efforts to provide 24-hour daily availability of the Client Portal. However, Shine makes no representation or warranty that 24-hour service will be available. You agree and acknowledge that the Client Portal will, at times and without notice, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures.
Shine shall not be responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to the Client Portal. Shine is not responsible for any problems or technical malfunctions of any telephone or fibre network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail to be received by Shine on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to your computer or peripherals related to downloading any materials from the Client Portal.
User Password and Security
Using the Client Portal and its related services requires the use of a user name and password. The confidentiality of the user name, password and account itself are your responsibility. Any activities that occur under your account are your responsibility. You agree to notify Shine immediately of any unauthorised use of accounts or any other breach of security. The use of another person's username and password is expressly prohibited.
You acknowledge that the use of username and password is an adequate form of security. You are solely responsible for (1) authorising, monitoring, controlling access to and maintaining strict confidentiality of your user name and password, (2) not allowing another person to use your username or password, (3) any changes or damage that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly informing Shine in writing of any need to deactivate a username due to security concerns or otherwise.
Shine is not liable for any harm related to the misuse or theft of usernames or passwords, disclosure of usernames or passwords, or your authorisation to allow another person or entity to access and use the Client Portal using your username or password. You shall immediately notify Shine of any unauthorised use of your username or password and any breach of confidentiality. Until Shine receives this notification from you, you will be liable for any harm arising from the use of your username on the Client Portal.
Shine will use its best efforts to make the Client Portal secure from unauthorised access. The Client Portal will require industry standard 128bit encryption on all communications between your device and the Client Portal server. The Client Portal server operating system and applications software will be updated and virus-scanned regularly. However, you recognise that no completely secure system for electronic data transfer has yet been devised. Virus scanning of your device remains your responsibility.
SHINE MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EFFICACY OF THE SECURITY OF THE CLIENT PORTAL AND SHALL NEVER BE LIABLE FOR ANY CLAIMED ACTUAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY BREACH OR ALLEGED BREACH OF SECURITY OF THE CLIENT PORTAL.
Termination of Logon
Account You agree to notify Shine immediately when your account is to be terminated. Shine will make every effort to terminate access immediately. However, you cannot be assured that access has been terminated until you receive confirmation of the termination from Shine.
Accuracy of Content and Liability Disclaimer
To the maximum extent permitted by applicable law, all such information, software, documents, and communications are provided "as is" without warranty or condition of any kind. Shine and its employees, officers and representatives hereby disclaim all warranties and conditions with regard to such information, software, documents, and communications, including without limitation, all implied warranties or conditions of merchantability, fitness for a particular purpose, titleor non-infringement.
To the maximum extent permitted by applicable law, in no event shall Shine, or its employees, officers or representatives, be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages whatsoever, including without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with your use or the performance of the Client Portal, with the delay or inability to use the Client Portal or related services, whether based in contract, tort, negligence, strict liability, or otherwise, even if Shine or any of its employees, officers or representatives has been advised of the possibility of damages. Given the changing nature of federal and state laws and the inherent hazards of electronic communication, there may be delays, omissions, or inaccuracies in information contained in the Client Portal. As such, no information on the Client Portal or related sites should be used as a substitute for consultation with professional accounting, tax, legal, or other competent advisors.
If you are dissatisfied with any portion of the Client Portal, information, documents, or communications on the Client Portal, or with any of these Terms and Conditions, your sole and exclusive remedy is to cease using the Client Portal and the information, documents, or communications you obtained from the Client Portal.
Icons, Logos, and Other Proprietary Material
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Client Portal are registered and common law trademarks of Shine. Nothing contained on the Client Portal should be construed as granting, by implication, or otherwise, any licence or right to use any of the Trademarks displayed on the Client Portal without the written permission of Shine. Your use of any of the Trademarks displayed on the Client Portal or displayed on any content on the Client Portal is strictly prohibited.
You should assume that everything you see or read on the Client Portal is copyrighted and is a trade secret and may not be used except as provided in these Terms and Conditions or in the text on the Client Portal without the written permission of Shine.
Changes to Terms and Conditions
Shine reserves the right to modify the Terms and Conditions under which the Client Portal is offered. Your continued use of the Client Portal after the posting of any amended Terms and Conditions shall constitute your agreement to be bound by any such changes.
Confidentiality, Information Protection, and Protection of Data
Notwithstanding any existing legal or contractual obligations regarding confidentiality between you and Shine, you undertake to treat all knowledge relating to the business of Shine or any related body corporate of Shine, which come into your possession, as confidential. You shall ensure that any data, which comes into your possession through the use of the Client Portal, is not transmitted to any unauthorised person. In partial consideration of the opportunity to access the resources of the Client Portal concerning your account, you agree to maintain the strict confidentiality of access to the Client Portal and its data to you and your authorised employees and to indemnify and hold harmless Shine and its officers, shareholders, and employees and their heirs, successors, and assigns from and against any and all claims, actions, demands, losses, damages, judgments, costs, and expenses, including without limitation, reasonable legal fees and liabilities of every kind that may arise from your or your employees' use of the Client Portal or because of violation of these Terms and Conditions.
No Unlawful or Prohibited Use
You are prohibited from using the Client Portal to damage, disable, or overburden Shine's servers or network or impair the Client Portal or interfere with any other party's use of the Client Portal. Hacking, password mining, or any other means to gain unauthorised access to the Client Portal, portal accounts, computers, or network is prohibited. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law is also prohibited. Shine will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information and materials.
This is the entire agreement between Shine and you regarding its subject matter. This Agreement does not modify or affect any existing or future engagement letter or agreement between Shine and you.
Term and Termination
This Agreement and the services contemplated by it may be terminated by Shine with or without notice at any time. Shine may at any time terminate in whole or in part the Client Portal without notice or liability.
By completing the site registration, you acknowledge that you have read the Terms and Conditions portion of this Agreement and that you agree to these Terms and Conditions. This Agreement does not modify or affect any existing or future engagement letter or agreement between you and Shine.