Website terms
and conditions.

Welcome to our website. In these Terms, ‘Us’, ‘We’, ‘Our’ and ‘Bare Law’ means Bare Law Pty Ltd (ABN 94 647 562 810) and our related bodies corporate.

Bare Law is an Incorporated Legal Practice for the purposes of the Legal Profession Uniform Law Application Act 2014 (Victoria) (Uniform Law), governed by Part 3.7 of the Uniform Law. This means we are entitled to provide both legal services and other services.

Bare Funeral Group Pty Ltd (ABN 57 635 013 286) is our affiliated company, trading as Bare Cremation, which provides end of life services including pre-paid cremations, direct cremations and free end of life planning support (Bare). Bare is not an incorporated legal practice and does not provide legal advice. It is a technology platform that enables you to do your own estate planning using free forms and information.

If you are unsure if the Bare Cremation estate planning service is right for you, we suggest seeking independent legal advice or using the legal services offered by Bare Law or another law firm.

Agreement to website terms of use

Our website is located at www.barelaw.com.au. Bare Law permits users (referred to as ‘You’ or ‘Your’) to:

(a) access and use our website www.barelaw.com.au, including any subdomains (Website), and any of our services, products or functionality made available through the Website from time to time

(b) view and interact with any content, information, communications, advice, text or other material provided by Us;

(c) upload content, including information, content, text or other material to the Website; and

(d) communicate with Us.

You agree to be bound by these Terms and our Privacy Policy when you use, browse or access any part of the Website. The Privacy Policy can be found on our website and is incorporated by reference into these Terms.

We 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, and provided to you via, the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. We reserve the right to change these Terms at Our sole discretion.

By using the Website, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.

We reserve the right to restrict, suspend or terminate without notice Your access to this Website, any content, Services or any feature of this Website at any time without notice. We will not be responsible for any loss, cost, damage or liability that may arise or You may suffer as a result.

If we allow You to post any information to our Website, we have the right to take down this information at Our sole discretion and without notice.

Website accuracy, completeness

We may, from time to time and without notice, change or add to the Website or the information, products or Services described in it. However, We do not undertake to keep the Website updated. We are not liable to You or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

We will not be liable for any damages (including direct, indirect, consequential, incidental and exemplary) in the event that this Website is unavailable to You or other 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.

Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, We do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Verification of identity

We take reasonable steps to verify Your identity (VOI) as our client in line with our common law obligations and Bare Law’s VOI policy, as updated from time to time.  

You agree the information provided by You in the VOI process is genuine, true and accurate and acknowledge that We rely on this information. We are not liable for any loss caused by Your failure to comply with the VOI or any breach or fraud by You.  

Warranties

While We use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, We make no warranty regarding the information on this Website. You must determine if the Website and Services are suitable for your individual requirements.

To the maximum extent permitted by law, We (including all of Our officers, employees, agents, consultants, licensors, partners and affiliates):

1. expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this Website and any products and/or Services obtained through this Website, including any implied warranty/guarantee of merchantability, fitness for a particular purpose or non-infringement;
2. make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Website or any of its content, and in particular do not represent, warrant or guarantee that:
   1. the use of this Website will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
   2. this Website will meet your requirements or expectations;
   3. anything on this Website, or on any third-party website referred or linked to in this Website, is reliable, accurate, complete or up-to-date;
   4. the quality of any products, Services, information or other material purchased or obtained through this Website will meet any particular requirements or expectations;
   5. errors or defects will be corrected;
   6. this Website or the servers that make it available are free of viruses or other harmful components; or
   7. the Will or estate document plan will not be challenged by Your estate or any beneficiary of Your estate.

Nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.

User warranties

You represent and warrant that:

1. You are over 18 years of age and have the necessary legal capacity to use the Website, procure the Services and enter into these Terms;
2. all information that You provide on the Website is accurate, does not breach any law or the rights of any person;
3. You have not relied on any representation made by Us which has not been expressly stated in these Terms, or upon any descriptions, illustrations or specifications contained in any document including publicity material produced by Us; and
4. You will not upload any personal information of another individual to the Website unless You first make them aware of Our Privacy Policy and have their consent to upload such personal information.

Indemnity & Limitation of Liability

Without limiting the above, Our total aggregate liability for any claim or loss suffered by You whatsoever is limited to AUD$1,500. Bare Law will not be liable for any indirect or consequential loss whatsoever nor any loss caused by your failure to complete an application or required task to obtain the Services via the Website.

You indemnify Us and Our officers, employees, agents, consultants, licensors, partners and affiliates (Indemnified Parties) from and against any loss or damage (including actual, special, indirect and consequential loss or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred in relation to (directly or indirectly):

1. any material or information that You submit, post, transmit or otherwise make available through this Website;
2. your use of this Website;
3. your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person or third party;
4. Your breach or any fraud in relation to VOI;
5. any claim brought by any third party, including any claim brought by your Estate for expenses and/or losses incurred by the Estate and any Beneficiary of your Estate; and
6. the provision of the Services, your use of your Will, and/or the enforceability of your Will.‍

‍Intellectual property

Unless otherwise indicated, We own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content).

Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. We grant you a licence to access the Website and view the Content on these Terms and, where applicable, as expressly authorised by Us and/or Our third party licensors.

You may not sell or modify the material or reproduce, display, distribute, or otherwise use any content on this Website in any way for any public or commercial purpose without the express written authorisation of Us.

You consent to any act or omission which would otherwise constitute an infringement of Your moral rights, and if you add any content in which any third party has moral rights, You must also ensure that the third party also consents in the same manner.

General

Assignment & Novation – You may not assign Your rights or novate/delegate Your duties under these Terms without Our prior written consent.

Waivers – Any failure by Us or a third party to enforce a right or provision of these Terms will not constitute a waiver of or of the right to enforce it at a later time.

Entire agreement – These Terms constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.

Governing law – Your use of the Website and these Terms are governed by the law of Victoria and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria.

If you wish to notify us about anything relating to these Terms, please contact us at estates@barelaw.com.au

We reserve the right to change these Terms from time to time. We will change these terms and conditions at any time by posting the updated Terms on our Website. It is your responsibility to be aware of any changes to these Terms.