You must be a client of Shine
You cannot be a registered user and will not be issued with a username and password unless you are a client of Shine. This Agreement applies in addition to any Conditional Cost Agreement you enter into with Shine relating to the legal work that Shine will perform. To the extent anything in this Agreement contradicts or is inconsistent with the Conditional Cost Agreement, the Conditional Cost Agreement prevails. We may suspend your access to the Case Tracker and/or terminate this Agreement at any time if you do not enter into a Conditional Cost Agreement with Shine or if the Conditional Cost Agreement is terminated for any reason.
When this Agreement starts and ends
This Agreement takes effect immediately when you complete and sign the registration application to use the Case Tracker and applies until this Agreement is terminated.
Acceptance of Terms and Conditions
By signing the registration application and using the Case Tracker you agree to these Terms and Conditions. Shine may modify, suspend, discontinue or restrict the use of any portion of the Case Tracker, including the availability of any portion of the content at any time, without notice or liability.
Purpose
Shine provides the Case Tracker to permit easy and secure electronic transfer of documents between you and Shine as well as ongoing client access to certain documents relevant to you (which may include confidential documents) created or maintained by Shine. Shine has sole discretion to decide which types of documents can be uploaded or viewed on the Case Tracker. You acknowledge that your use of the Case Tracker is voluntary and you may always provide and receive communications and documents to and from Shine without using the Case Tracker.
You agree that Shine is entitled to assume that communications received via the Case Tracker using your account have been sent by you and Shine is entitled to act on any instructions or information contained in that communication.
You must not use the Case Tracker for any other purpose.
Description of Service
The Case Tracker provides you with access to information displayed on the Case Tracker for deliveries of documents and communications for your account only. The information, documents, and communications on the Case Tracker are provided as a convenient alternative to other ways of sharing these information, documents and communications.
The Case Tracker 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 for access via the Case Tracker until the applicable engagement or project is completed, at which time they will be removed.
Service Availability
Shine will use its best efforts to provide 24-hour daily availability of the Case Tracker. However, Shine makes no representation or warranty that 24-hour service will be available. You agree and acknowledge that the Case Tracker will, at times and without notice, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures.
Subject to any rights you may have under consumer law (see below), Shine accepts no liability for any loss or liability you incur as a result of the Case Tracker being unavailable for any reason. If you are unable to send a document to Shine because the Case Tracker is unavailable, you may at all times (and must, if time is critical) send it to Shine via other transmission methods.
User Password and Security
Using the Case Tracker and its related services requires the use of a username and password.
The confidentiality of the username, password and account itself are your responsibility. Any activities that occur under your account are your responsibility. You agree to notify Shine immediately if you become aware of any unauthorised use of accounts or any other breach of security. The use of another person's username and password and allowing another person to use your 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 username 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.
Subject to any rights you may have under consumer law, Shine is not liable for any loss, damage or harm you suffer 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 Case Tracker 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 and acknowledges receipt of this notification from you, you will be liable for any harm arising from the use of your username on the Case Tracker.
Shine will use its best efforts to make the Case Tracker secure from unauthorised access.
The Case Tracker will require industry standard 128bit encryption on all communications between your device and the Case Tracker server. The Case Tracker 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.
Liability
To the maximum extent permitted by law and subject to any rights you may have under consumer law (see below), Shine excludes all warranties, express or implied, relating to the provision of the Case Tracker (including its security) and your use of the Case Tracker and excludes all liability to you (and third parties claiming through you) relating to the Case Tracker, whether arising in contract, tort (including negligence) or under statute, including any indirect, special or consequential loss or damages.
Consumer Law Rights
Nothing in this Agreement is intended to exclude or limit any implied warranty or statutory guarantee that applies to the provision of goods or services by Shine and which it is illegal to exclude or limit, including the consumer guarantees under the Australian Consumer Law.
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 as soon as is reasonably practicable. However, you cannot be assured that access has been terminated until you receive confirmation of the termination from Shine.
Icons, Logos, and Other Proprietary Material
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Case Tracker are registered and common law trademarks of Shine. Nothing contained on the Case Tracker should be construed as granting, by implication, or otherwise, any licence or right to use any of the Trademarks displayed on the Case Tracker without the written permission of Shine. Your use of any of the Trademarks displayed on the Case Tracker or displayed on any content on the Case Tracker is strictly prohibited.
You should assume that everything you see or read on the Case Tracker 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 Case Tracker without the written permission of Shine.
The provisions of the Conditional Costs Agreement between you and Shine govern the intellectual property rights in Shine’s materials and Shine’s use of materials you provide to Shine.
Changes to Terms and Conditions
Shine reserves the right to modify the Terms and Conditions under which the Case Tracker is offered from time to time as reasonable and necessary to protect Shine’s legitimate interests. Shine will use reasonable endeavours to draw any changes to your attention (e.g. through a communication in the Case Tracker or a link on the login screen of the Case Tracker), but will not provide you individually with notice of changes. Your continued use of the Case Tracker after the posting of any amended Terms and Conditions shall constitute your agreement to be bound by any such changes. If you do not agree to any changes to the Terms and Conditions, you may cease using the Case Tracker and notify Shine to terminate your access at any time.
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 or any of their officers, employees, consultants or representatives, which come into your possession, as confidential. You shall ensure that any data, which comes into your possession through the use of the Case Tracker, is not transmitted to any unauthorised person. In partial consideration of the opportunity to access the resources of the Case Tracker concerning your account, you agree to maintain the strict confidentiality of access to the Case Tracker and its data to you and your authorised employees and to indemnify and hold harmless Shine and its officers, employees, consultants or representatives 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 their use of the Case Tracker or because of violation of these Terms and Conditions.
In particular, you acknowledge that information, documents and communications sent and received using the Case Tracker relate to the provision to you of legal advice and/or preparation for litigation and may be protected by client legal privilege. Any disclosure of this information, documents and communications by you to third parties (including allowing others to use your username and password) could result in the loss of client legal privilege in those documents, and mean that they might have to be disclosed in litigation with potential adverse consequences for you and your matter.
No Unlawful or Prohibited Use
You are prohibited from using the Case Tracker to damage, disable, or overburden Shine's servers or network or impair the Case Tracker or interfere with any other party's use of the Case Tracker. Hacking, password mining, or any other means to gain unauthorised access to the Case Tracker, 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 (except in the limited circumstances where you are transmitting a document to us in the context of our providing legal services to you). 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.
Miscellaneous
This is the entire agreement between Shine and you regarding its subject matter. This Agreement does not modify or affect any other agreement between Shine and you (including any Conditional Costs Agreement or other engagement letter or agreement).
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 Case Tracker without notice or liability.
Privacy
Please refer to the Privacy Policy on the Shine Lawyers website in relation to the treatment of personal information.
