Terms of Service
Effective Date: 1 January 2025
1. About Us
These Terms of Service (“Terms”) govern the provision of services by Clearview Associates Pty Ltd trading as Clearview FOI (“Clearview FOI”, “we”, “us”, or “our”). By accessing our website or engaging our services, you acknowledge and agree to be bound by these Terms. If you do not agree, you must not use our website or services.
2. Nature of Services
(a) Clearview FOI provides administrative assistance and strategic support in relation to Freedom of Information (FOI) processes across Australia.
(b) Unless expressly agreed in writing, we do not provide legal advice or legal representation. If legal advice is required, we may refer you to an independent legal practitioner.
(c) Our services may include reviewing instructions, preparing FOI applications, internal review requests, appeals, and responses to agency decisions.
3. Eligibility
You warrant that you are at least 18 years of age and have full legal capacity to enter into these Terms on your own behalf or on behalf of the entity you represent.
4. Fees and Payment
(a) Fees will be communicated prior to commencement of services. We may charge fixed fees or hourly rates depending on the matter.
(b) Payment is due upon invoice unless otherwise agreed in writing.
(c) We may withhold or discontinue services if payment is not received when due.
(d) Refunds will only be issued where required by the Australian Consumer Law (ACL).
5. Your Responsibilities
You agree to:
(a) Provide complete and accurate information and instructions;
(b) Respond to communications in a timely manner; and
(c) Not use our services for unlawful, misleading, fraudulent, or unethical purposes.
We accept no responsibility for delays, refusals, or adverse outcomes arising from incomplete, inaccurate, or misleading information provided by you.
6. Outcomes
While we will act with reasonable care and skill, you acknowledge that FOI outcomes are determined by government agencies or review bodies, and we make no guarantee as to the success of any application, review, or appeal.
7. Intellectual Property
All materials, templates, and written content created by or on behalf of Clearview FOI remain our exclusive intellectual property unless otherwise agreed in writing. You must not copy, distribute, reproduce, or use our materials without our prior written consent.
8. Privacy and Confidentiality
We will handle personal information in accordance with our Privacy Policy. We will not disclose your information except:
(a) With your consent;
(b) Where required by law; or
(c) To third-party service providers bound by confidentiality obligations.
9. Limitation of Liability
(a) To the fullest extent permitted by law, Clearview FOI excludes all warranties, representations, guarantees, and conditions, whether express or implied.
(b) We are not liable for any indirect, incidental, special, or consequential loss, including loss of opportunity, profits, revenue, or data.
(c) Our aggregate liability to you, whether arising in contract, tort (including negligence), equity, statute, or otherwise, is limited to the total fees actually paid by you to us for the relevant services giving rise to the claim.
(d) Nothing in these Terms limits your rights under the ACL where such rights cannot lawfully be excluded.
10. Termination
(a) We may terminate or suspend the provision of services at any time if you:
(i) Breach these Terms;
(ii) Fail to provide required information or payment; or
(iii) In our opinion, your matter is inappropriate for our services.
(b) You may terminate our engagement by written notice at any time. You remain liable for all fees and disbursements incurred up to the date of termination.
11. Website Use
You must only use our website for lawful purposes. You must not attempt to gain unauthorised access, interfere with, or disrupt the operation of our website or servers. We may suspend or restrict access in the event of misuse.
12. Governing Law
These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.
13. Changes to These Terms
We may amend these Terms from time to time by publishing an updated version on our website. Your continued use of our services constitutes acceptance of any amended Terms.
Contact Us
If you have any questions or concerns, contact: