Terms & Conditions

You are encouraged to read these Terms & Conditions before you use, communicate, or make a booking through our Site.

Updated on 05.05.2020 to current

These terms are between you and Dev Smith Nguyen Lawyers (ACN 630 960 600).

These are the terms on which Dev Smith Nguyen permits users (referred to as you or your) to:

  • access and use the Dev Smith Nguyen website and its subdomains at https://www.devsmithnguyen.com.au, and Dev Smith Nguyen’s services and functionality made available through the Website;
  • Make a booking for online consultation at iLawyer that is a subdomain of  https://www.devsmithnguyen.com.au
  • view and interact with any content, Information, communications, advice, text or other material, and online legal services provided by Dev Smith Nguyen;
  • upload content, including information, content, text or other material to the Website (User Content);
  • communicate with Dev Smith Nguyen Lawyers.

You agree to be bound by these terms when you use, browse, make a booking, or access any part of the Website.

Dev Smith Nguyen may from time to time review and update these terms including to take account of new laws, products or technology. Your use of the Website will be governed by the most recent terms posted on the Website and provided to you via the Website. By continuing to use the Website and order the services from the Website, you agree to be bound by the most recent terms.

I. Overview

  1. Dev Smith Nguyen will not be liable for any damages (including direct, indirect, consequential, incidental and exemplary) in the event that this site is unavailable to users (by virtue of interruption, suspension or termination) for any reason, including due to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities.
  2. To the maximum extent permitted by law, Dev Smith Nguyen will be under no liability to users in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of your use of the Website (including services and functionality made available through the Website, the Website Content or User Content), including loss caused by Users’ failure to provide all the information required if applicable.
  3. Although you may browse and make a booking on the Website without creating an account or providing your details, in order to access certain features and functionality of the Website, you may have to register as a user and obtain an account (Account) by providing all of the information required at registration (including your personal details) and agreeing to these terms. You warrant that you are of legal age to form a binding contract in the place where you are accessing the Website.
  4. Dev Smith Nguyen accepts no liability whatsoever for the misuse of users’ passwords and Accounts. You agree to notify Dev Smith Nguyen if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise compromised. You agree that you are entirely responsible for any and all activities that occur under your Account.
  5. Users shall not:
        • bypass (or attempt to bypass) any security mechanisms imposed by the Website;
        • damage or tamper with the operation of the Website;
        • remove, modify or obscure any copyright, trade mark, or other proprietary right notices that appear on the Website;
        • use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights.
  1. Any personal information submitted by you (whether personal information of you or another individual which you have the necessary consents to provide) to Dev Smith Nguyen is subject to and may be handled in accordance with Dev Smith Nguyen’s Privacy Policy. You agree that, by using the Website or communicating, make a booking for legal service with Dev Smith Nguyen, you have read the Privacy Policy, understood its contents and consented to its requirements.
  2. You must not upload any personal Information of another individual to the Website unless you first make them aware of Dev Smith Nguyen’s Privacy Policy and have their consent to upload such personal information.
  3. Dev Smith Nguyen does not provide and has no control over communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
  4. Dev Smith Nguyen will not be liable for any loss caused by your failure to complete an application for our services via the Website.
  5. These Terms and Conditions are subject to change at the sole discretion of Dev Smith Nguyen Lawyers.
  6. Users warrant that all information they provide on the site is accurate, does not breach any law or the rights of any person.
  7. All intellectual property rights including copyright in the Website and Website Content is owned or licensed by Dev Smith Nguyen or any of its related entities. You may not sell or modify the material or reproduce, display, distribute, or otherwise use the Dev Smith Nguyen Content on this Website in any way for any public or commercial purpose without the express written authorization of Dev Smith Nguyen.
  8. You will not copy or adapt the code or software that Dev Smith Nguyen creates to generate its pages.
  9. You shall not ‘frame’ or ‘mirror’ any materials or third-party content contained on or accessible from the Dev Smith Nguyen site on any other server or internet-based device without the advanced written authorization of Dev Smith Nguyen.
  10. Dev Smith Nguyen will not be liable for any damages (including direct, indirect, consequential, incidental and exemplary), if a user is not given, or does not obtain a job for any reason or if there is any deficiency or inaccuracy in the Website attributable to a lack of maintenance of the site or in relation to the accuracy, sufficiency or otherwise of your application for our professional services via the Website or your application for employment with Dev Smith Nguyen, which may be advertised on our Website sometime.
  11. All users warrant that they have not relied on any representation made by Dev Smith Nguyen which has not been expressly stated in these terms and conditions, or upon any descriptions, illustrations or specifications contained in any document including publicity material produced by Dev Smith Nguyen.
  12. On lodging material, users indemnify Dev Smith Nguyen and its officers, employees and agents against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) made against or suffered by any of those indemnified arising, in whole or in part, as a result of your application, or any activity that is expressed in these terms and conditions to be the responsibility of the user, or breach of these Terms and Conditions.
  13. Dev Smith Nguyen does not monitor your data or transmissions, yet, Dev Smith Nguyen does actively monitor accounts for system utilization. Upon any breach of these terms, or inappropriate use of Dev Smith Nguyen’s services and the Website as determined by Dev Smith Nguyen in its sole discretion, Dev Smith Nguyen reserves the right to terminate your Account. Dev Smith Nguyen’s preferred course of action is to advise you of your inappropriate use or breach of these terms and recommend any necessary corrective action.
  14. The Website may contain links to other websites. We have not reviewed all of the third-party websites linked on the Website and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). Dev Smith Nguyen provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.
  15. Facebook, LinkedIn, Twitter, Instagram, YouTube and other third-party websites which are linked to the Website, are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these third party linked sites, you do so at your own risk. Dev Smith Nguyen is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. Dev Smith Nguyen is not responsible for and will not be liable in respect of any incorrect link to an external website.
  16. We make no representation or warranty that any offering or content accessible through the Website is appropriate or available for use in locations outside Australia. If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access the Website from any location where doing so would be illegal.
  17. You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia, you will be responsible for checking whether such restrictions apply before using the Website, downloading Dev Smith Nguyen Content or uploading User Content. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.
  18. These terms are governed by and must be construed in accordance with the laws in force in Australia. The parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these terms, its performance or subject matter.

II. iLawyer - Online Consultation

1. Payment

You book the appointments for the online consultations with our lawyers via iLawyer, using the buttons, forms, and functions from the Website. Dev Smith Nguyen partners with Payment Services Providers (Stripe and PayPal) for purposes of collecting all payments from online bookings. In most locations, bookings on Dev Smith Nguyen can be made by using one of the following payment methods: Credit Card, PayPal. To protect against fraud, unauthorized transactions, claims or other liabilities, payment information in connection with online service is collected by either Dev Smith Nguyen or Dev Smith Nguyen’s Payment Services Providers (Stripe and PayPal). Payment Services Providers (Stripe and PayPal) may also collect such other information as necessary for proposes of processing payments. Dev Smith Nguyen is not exposed to the payment information provided to Payment Services Providers (Stripe and PayPal), and this information is subject to the privacy policy applicable to the Payment Service Provider. By using any payment method and/or providing payment details for bookings on Dev Smith Nguyen, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Dev Smith Nguyen; and (d) such actions do not violate any applicable law.

Local Currencies – You may pay on Dev Smith Nguyen Website for online service in several different currencies. All currency exchange services in connection with payments in local currencies are performed by Dev Smith Nguyen’s Payment Services Providers (Stripe and PayPal). In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.

Taxes – You may be charged with indirect taxes (such as VAT or GST) depending on your residency, location and any applicable law, in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to you before payment. You agree that you are responsible to comply with all tax requirements applicable to you, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on our website are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.

2. Handling Online Bookings

When you make a booking for online consultation, you are notified by the emails for confirmation scheduling, scheduling reminders for 3 hours before your appointment started, or rescheduling confirmation if you choose rescheduling your appointment.

You also receive the receipt of your payment as soon as your payment is successfully processed.

You are required to meet the appointment time that you have chosen when you are on your    booking process. Failing to do so will allow Dev Smith Nguyen to cancel your booking.

You must describe the exactly your legal issues or send related documents that you intend to book an online consultation with Dev Smith Nguyen 

If you upload your documents, you are responsible for scanning all transferred files for viruses and malware. Dev Smith Nguyen will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

3. Online Consultation

4. Reviews

Dev Smith Nguyen will send an email to ask for your feedback reviews after completing a legal service.

Feedback reviews provided by Dev Smith Nguyen after completing a legal service is an essential part of Dev Smith Nguyen’s professional system. Reviews demonstrate the client’s overall experience with Dev Smith Nguyen. Clients are encouraged to communicate to Dev Smith Nguyen any concerns experienced in regards to the service provided by Dev Smith Nguyen.

Leaving your feedback is your choice. Feedback reviews will not be removed unless there are clear violations of our Terms & Conditions and/or our Community Standards.

Feedback comments given by clients are publicly displayed on our Website and our Google Business Page.

5. Cancellation & Rescheduling

5.1. Cancellation

An online appointment is not subjected to cancel if that appointment is scheduled and confirmed.

All payments are made for online consultation services are non-refundable. If clients do not meet the appointment time, their appointment will be automatically cancelled and Dev Smith Nguyen will not refund the amount of money that clients paid while they are made a booking on Dev Smith Nguyen’ Website.

In rare circumstances where Dev Smith Nguyen finds the appointments that are violated with our Terms & Conditions, Privacy Policy, Community Standards, or against Australian Law, we may cancel those appointments without notify you before cancellation. In such cases, the amounts paid for that appointment will be returned to the client’s payment method after deducting fee and cost arisen from the whole process that Dev Smith Nguyen has been incurred.

5.2. Reschedule Your Appointment

Though clients can not be cancelled their appointments, they can reschedule their appointment to another convenient time.

Clients use the Reschedule button on their confirmation email to reschedule their appointment to another convenient time.

Reschedule appointment is not allowed later 12 hours before the original appointment is started.

Clients can reschedule their appointment to another time but new appointment must be the exact service and fee that is from the original appointment.

Each appointment is allowed to reschedule for one time. This means, you will not be able to reschedule your appointment in case of your appointment already rescheduled.

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