Website Terms of Use

About myBFA

myBFA is a technology platform that allows you to create your own Binding Financial Agreement. myBFA is not a law firm and does not provide legal, financial, taxation or other advice. If you are unsure whether our Agreements are suitable for your personal circumstances, legal advice should be sought from a Lawyer.

This website is operated by myBFA Pty Ltd ACN 696 722 335 (“myBFA”, “we”, “us”, “our”).

By accessing, browsing or otherwise using this Website or platform, you agree to be bound by these Terms of Use, our Privacy Policy, and any other policies or notices published on the Website, as amended from time to time.

If you do not agree to these Terms, you must not use this Website. We reserve the right to amend, suspend or withdraw any part of the Website or these Terms at any time without notice.

The documents, templates, tools and content available on this platform are provided for informational and self-help purposes only. Nothing on this Website or platform constitutes:

• legal advice
• financial advice
• taxation advice
• a solicitor-client relationship, or
• any other form of professional advice.

You are strongly encouraged to seek independent legal advice from a qualified lawyer before entering into any Binding Financial Agreement (BFA). The suitability of any agreement depends on your individual circumstances, which myBFA is not qualified to assess.

Your use of this Website or platform, or the receipt of any information from us, does not create a solicitor-client relationship or any other professional relationship between you and myBFA.

Permitted Use of the Website

You may use this Website only for lawful purposes and in accordance with these Terms. You must not:

• misuse, interfere with, disrupt or damage the Website or its functionality
• use the Website in a fraudulent, misleading or deceptive manner
• attempt to gain unauthorised access to any systems, data or user accounts
• reproduce, modify, distribute or otherwise exploit any content on the Website except as expressly permitted under these Terms
• use the platform for any purpose other than the creation of your own Binding Financial Agreement for personal use
• upload, submit or transmit any unlawful, harmful, defamatory or offensive content

We may suspend or terminate your access to the Website, with or without notice, if we reasonably believe that you have breached these Terms or engaged in conduct that may cause harm to us, other users or third parties.

Fair Use and Abuse Prevention

myBFA is designed for individuals creating Binding Financial Agreements for their own personal circumstances. To ensure the platform is used fairly and as intended:

• We may place limits on the number of BFAs or documents a single user account can generate within a given period.
• If your account displays patterns of activity that suggest automated use, misuse, commercial exploitation, bulk generation of documents, or other suspicious behaviour, we reserve the right to flag, suspend or permanently terminate your account without notice. In addition, in our absolute discretion and without notice, we may take any one or more of the following actions to prevent or stop the suspected misuse:
  1. block or restrict access from one or more IP addresses associated with the suspected misuse;
  2. suspend or terminate any duplicate or additional accounts that we reasonably believe have been created by, or are controlled by, the same user;
  3. suspend or terminate accounts belonging to other users that we reasonably believe are associated with the same business, organisation or entity;
  4. suspend or terminate any other accounts that we reasonably believe are linked to or associated with the relevant account, including accounts that share the same address, device, network, payment details or other identifying information; and
  5. take any other reasonable steps necessary to prevent, limit or stop the suspected misuse.
• Examples of suspicious behaviour include, but are not limited to, generating a high volume of BFAs in a short period, accessing the platform using automated scripts or bots, or creating multiple accounts to circumvent usage limits.
• We are not obliged to provide reasons for account suspension or termination in cases of suspected misuse.

Any attempt to exploit, abuse or circumvent the platform’s intended use may also constitute a breach of Australian law, including the Criminal Code Act 1995 (Cth), and may be reported to relevant authorities.

Eligibility and Right to Refuse Access

myBFA is designed for and targeted at individuals located in Australia. By using this Website, you represent that:

• you are at least 18 years of age
• you are located in Australia, or you are an Australian resident accessing the platform from overseas
• you have legal capacity to enter into agreements under Australian law

We reserve the right, in our absolute discretion, to refuse or revoke access to the Website or platform to any person, including but not limited to:

• individuals who are located outside of Australia and who do not have a connection to Australia for the purpose of a Binding Financial Agreement
• individuals who we reasonably believe are misusing or attempting to misuse the platform
• individuals who have previously breached these Terms
• individuals whose use of the platform may expose myBFA to legal, regulatory or reputational risk
• individuals whose requirements or requested agreement fall outside the scope of what the platform is designed to provide, including where the relevant circumstances are too complex for, or otherwise unsuited to, a self-service Binding Financial Agreement

We are not required to provide reasons for any refusal of access.

Lawyer Recommendations and Commercial Relationships

myBFA may suggest or recommend lawyers or law firms to assist you with reviewing or certifying your Binding Financial Agreement. You should be aware that:

• myBFA may receive a financial referral fee, commission or other form of compensation from lawyers or law firms in connection with referrals made through the platform. For example, a lawyer may pay myBFA a referral fee for each user connected to them through the platform.
• The order in which lawyers appear in any recommended or suggested list on the platform may be influenced by commercial arrangements with those lawyers, including the payment of fees to myBFA.
• The inclusion of a lawyer in our platform does not constitute an endorsement of their services, qualifications or suitability for your particular circumstances.
• You should conduct your own due diligence before engaging any lawyer, and you are not obliged to use any lawyer recommended through our platform.

myBFA makes no representations or warranties about the quality, suitability or competence of any lawyer listed or recommended on the platform.

Pricing

The fees for creating a Binding Financial Agreement are the fees displayed on the Website at the relevant time (the “current price”). We do not provide individual quotes. All prices are in Australian dollars and, unless stated otherwise, exclude GST. Any referral discount you have validly applied is reflected in the price payable by you.

When you start a Binding Financial Agreement, the current price at that time is recorded as your “start price”. If you pay for that Agreement within 60 days of starting it, the amount payable by you is the lower of your start price and the current price at the time of payment. If you pay after that 60-day period, the current price at the time of payment applies.

Once you make a payment towards an Agreement, the price for that Agreement is fixed and is not affected by any later change to our prices, subject to the section below. Where the cost of an Agreement is shared between two parties, the price is fixed when the first payment is made, and each party’s share is calculated by reference to that fixed price.

Changes to a fixed price

Payment alone does not complete your Agreement. To finalise an Agreement you must complete the full process on the Website, including the independent legal advice and signing.

Because our cost of providing an Agreement may increase over time, where more than 90 days have passed since you started an Agreement, we may, in our absolute discretion, vary the price of that Agreement — including if a payment has been made towards the agreement, or that remains subject to a price hold — to the then-current price or to another reasonable amount. Any amount you have already paid will be credited towards the varied price, so that you pay only the difference.

Refunds

myBFA’s refund policy is as follows:

• myBFA does not provide refunds.
• No refund will be provided where you have already downloaded, accessed or used the document you purchased.
• No refund will be provided where your access has been terminated due to a breach of these Terms.
• Refunds will not be issued solely because you are dissatisfied with the Binding Financial Agreement or because a lawyer has advised that your personal circumstances warrant an amendment being made to the agreement.

myBFA’s refund policy operates in addition to, and does not limit, any statutory rights you may have under the Australian Consumer Law.

Marketing and Communications

By creating an account or purchasing a service on the myBFA platform, you consent to receiving marketing and promotional communications from us, including by email.

You may opt out of marketing communications at any time by:

• clicking the unsubscribe link in any marketing email we send you, or
• contacting us directly using the details on the Website.

Please note that even if you unsubscribe from marketing communications, we may still send you transactional or service-related emails (such as receipts, account notifications and platform updates) that are necessary for the operation of your account.

Limitation of Liability

General Limitation

To the extent permitted by law, we exclude all warranties, representations or guarantees relating to the Website, the platform or its content, and we are not liable for any loss, damage, cost or expense (including indirect or consequential loss) arising from your use of, or inability to use, the Website or platform.

Data Breaches Caused by User Error

myBFA will not be liable for any loss, damage or harm arising from a data breach or unauthorised access to your account or documents where such breach is caused or contributed to by your own error, negligence or failure to take reasonable precautions. Examples of user-caused incidents include, but are not limited to:

• entering an incorrect email address when inviting another party to access or sign a BFA, resulting in a third party gaining access to your documents
• sharing your login credentials with a third party
• failing to log out of your account on a shared or public device
• inviting the wrong person to access your BFA

You are responsible for ensuring that all email addresses and contact details you enter into the platform are accurate and belong to the intended recipient. myBFA is not responsible for the consequences of you inviting or granting access to the wrong person.

No Liability for Third-Party Actions

myBFA is a technology platform and is not responsible for the conduct, advice, actions or omissions of any third parties who access or use the platform, including:

• lawyers or law firms listed or recommended on the platform
• other users of the platform, including the other party to your BFA
• payment processors, email service providers or other third-party service providers

Any dispute you have with a third party arising from your use of the platform should be directed to that third party. myBFA is not a party to any agreement between you and a third party.

Data Loss

myBFA takes reasonable steps to protect your data, but we are not liable for any loss of data arising from:

• your own error, including entering incorrect information or deleting documents
• failure of your own devices, systems or internet connection
• circumstances beyond our reasonable control

We may also delete or remove your data, documents or account at our discretion where we reasonably believe that your account is no longer in use, or that your Binding Financial Agreement has been finalised or handed off to your lawyers for review, certification or completion. We are not obliged to retain your data indefinitely, and we will not be liable for any loss arising from deletion in these circumstances. For this reason, you should download and securely save copies of your documents as soon as they are created.

We strongly recommend that you download and securely save copies of any documents you create on the platform.

Intellectual Property

All content on this Website, including text, graphics, logos, trade marks, software, document templates, layout and design (Content), is owned by or licensed to myBFA or its related entity and is protected by Australian and international intellectual property laws.

You may view, download and print Content for your personal, non-commercial use only. You must not copy, reproduce, distribute, publish, transmit, adapt, sell or otherwise use any Content without our prior written consent, except as permitted by law.

The BFA documents you create using our platform are generated using our templates and tools. You are granted a personal, non-exclusive, non-transferable licence to use those documents for your own personal purposes. You must not on-sell, re-purpose or commercialise our templates.

Third-Party Websites and Services

This Website may contain links to third-party websites or services that are provided for convenience only. myBFA does not control, monitor or endorse any third-party websites and makes no representations or warranties regarding their content, accuracy, availability, security or privacy practices.

Accessing third-party websites is entirely at your own risk, and you should review the applicable terms and conditions and privacy policies of those third parties before using their websites or services.

Website Availability and Security

We do not warrant or guarantee that the Website will be available at all times or that access will be uninterrupted, timely, secure or error-free. We also do not warrant that the Website, its servers or any content available through it are free from viruses, malware or other harmful components, or that any defects will be corrected promptly or at all.

You are responsible for taking appropriate precautions to protect your devices, systems and data when accessing or using the Website, including the use of up-to-date security software.

Privacy

We collect, use and disclose personal information in accordance with our Privacy Policy. By using this Website, you consent to the handling of your personal information as described in our Privacy Policy, including the sharing of your data with analytics providers, tracking services and operational service providers as described in these Terms.

Governing Law

These Terms of Use are governed by the laws of the State of Queensland and the Commonwealth of Australia. You submit to the non-exclusive jurisdiction of the courts of that State.

Complaints and Disputes

If you have a complaint relating to the Website or the platform, please contact us using the details published on the Website. We will endeavour to respond to complaints within a reasonable time.

Changes to These Terms

We may update these Terms of Use at any time. The current version will be published on the Website and will apply from the date of publication. Continued use of the Website after any update constitutes your acceptance of the revised Terms.