Australian Legal Practitioner has the meaning given to that term in the Uniform Legal Profession Law of Victoria (or equivalent legislation regulating the legal profession in other States and Territories of Australia).
Barrister has the meaning given to that term in the Uniform Legal Profession Law of Victoria (or equivalent legislation regulating the legal profession in other States and Territories of Australia).
Claim includes any claim, action, demand or proceeding.
Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than cost of repair), loss of opportunity or expectation loss and any form of consequential, special, indirect, punitive or exemplary loss or damages.
Intellectual Property Rights means all intellectual property rights of whatever nature anywhere in the world conferred under statute, common law or equity and includes rights in respect of or in connection with copyright, whether or not registered or registrable, and includes the right to apply for or renew the registration of such rights.
Lawyer refers to a person who is either an Australian Legal Practitioner, a Barrister, a Trade Marks Attorney, a
Patent Attorney or a Licensed Conveyancer and has registered as a “lawyer” with the website with a valid practising certificate in one of the Australian States or Territories or another person qualified to give the assistance required.
Licensed Conveyancer means a person licensed or registered as a conveyancer by the Business Licensing Authority of Victoria (or the equivalent governing body in other States and Territories of Australia).
Loss includes any loss, liability and expense (including legal costs) on a complete indemnity basis.
client means a person who has created a The Law App Online account on The Law App Online website.
client Account means the account created on The Law App Online website.
Patent Attorney means a person registered as a patent attorney under the Patents Act 1990 (Cth).
Published Material means material, articles published previously (in journals, blogs or otherwise) that a lawyer wishes to add to their profile.
The Law App means “The Law App Online” (ABN: 26 613 953 110) and its officers, employees, representatives and contractors, as appropriate.
Trade Marks Attorney means a person registered as a trade marks attorney under the Trade Marks Act 1995 (Cth).
Website means the online platform available at www.thelawapp.com.au and the services offered by that website.
You means users of the website, including but not limited to clients and lawyers.
1. Using The Website
1.1. The Law App provides various services via the website pursuant to the terms of this User Agreement.
1.2. By continuing to access the website, you agree to be bound by the terms outlined below and any additional terms relating to any additional services that you may access.
1.3. If you do not agree with any of the terms of this User Agreement, you must discontinue to access the website and its services.
2. Site Content
2.1. you may read and copy the information on The Law App for your own needs but you may not publish, resell or sub-licence it. The Law App makes no guarantees, representations or warranties about the accuracy or legal correctness of any of the information on The Law App.
2.2. The Law App links to and advertise several partners and affiliates whose websites are displayed on The Law App website and are controlled by parties other than The Law App (each being a “Third Party Site”).
The Law App is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites.
The Law App makes no guarantees about the content or quality of the products or services provided by such sites.
2.3. Certain services made available on The Law App website are delivered by third parties. By using any product, service, or functionality originating from The Law App website, you are allowing The Law App to share information with any third party with whom The Law App has a relationship – any information necessary to facilitate its provisions of products, services, or functionality to you.
3. Services Available
3.1. The website is an online marketplace / platform for you to provide or access various services relating to legal information, professional legal services, contacting lawyers, and such other services that The Law App may decide to make available to you from time to time.
3.2. Any legal services facilitated by the website are between clients and lawyers directly and their relationship is bound by the terms the lawyer sees fit to impose. The Law App is not a party to any transaction between a client and a lawyer. The Law App is a market place which may facilitate a separate relationship formed between lawyers and clients only.
3.3. The Law App does not own, acquire, sell, licence or sub-licence any interest in any legal services facilitated by the website.
3.4. Any lawyer using the website is an independent agent, not employed by The Law App. Any statements, representations, opinions or advice of a lawyer made via the website are the lawyer’s own and do not necessarily represent the views or opinions of The Law App.
4. Registration As Lawyer
4.1. Australian Legal Practitioners, Barristers, Trade Marks Attorneys, Patent Attorneys and Licensed Conveyancers may apply (by creating an online account for “lawyers”) to be a lawyer registered with the website. A lawyer cannot transfer their registration with the website to another person.
4.2. The Law App reserves the unrestricted right to reject any application to be a lawyer registered with the website and to suspend, terminate or limit a lawyer’s use of the website at any time without notice and for any reason, including breach of this User Agreement.
4.3. Each lawyer is responsible for maintaining the accuracy or currency of their personal details that are registered with the website. The Law App is not liable for any loss or damage suffered as a result of the inaccuracy or otherwise of any information associated with a lawyers registered personal details.
5. Registration As A Client
5.1. A person may apply (by creating an online account for “clients”) to be a client of the website. If The Law App accepts a person’s application to be a client, that person acquires an account. Accounts are not transferrable.
5.2. The Law App reserves the unrestricted right to refuse an account to any person and to suspend, terminate or restrict a client’s use of the website at any time without notice for any reason, including breach of this User Agreement.
5.3. Each client is responsible for maintaining the accuracy or currency of their account details via the website. The Law App is not liable for any loss or damage suffered as a result of the inaccuracy or otherwise of any information associated with a client’s account.
6. Client Accounts
You must complete the registration process by providing The Law App with your name, address, email address, phone number and location. you will also need to generate a password and username. you are responsible for maintaining the confidentiality of your client account and all the activities under your account.
You agree to notify The Law App immediately following any unauthorised use of your account.
7. Initial Contact With Lawyer Following Deposit And Prior To Agreement For Lawyer To Represent You
Once you have accepted a proposal by a lawyer based on their estimated quote you are entitled to a free consultation with your chosen lawyer for up to half an hour by telephone, in person at an agreeable location or by online video conference (by use of The Law App online video service, Skype or similar).
Should you or the chosen lawyer not be satisfied with the scope of work proposed or for any other reason be dissatisfied with proceeding with the agreement reached through The Law App you will be entitled to receive the entirety of your money held in The Law App’s account less an administrative fee to process.
Competitors, including companies offering online legal services or documents of any kind, are not permitted to access or use any services, information or documents on our The Law App website.
This agreement will be enforced to the fullest extent permitted by applicable law. If anything in this agreement is unenforceable, illegal or void then it is severed and the rest of the agreement remains in force.
9. 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.
If you wish to notify us about anything relating to this agreement, please contact us firstname.lastname@example.org
Either you or The Law App may terminate this agreement immediately at any time by email, electronic method through the website, telephone message, regular mail or any other form of regular communication used between the client or lawyer and The Law App that has been used previously or suggested by the lawyer or client as a means of communication.
11. Governing Law
12. Publishing Material To Your Profile
12.1. Lawyers and clients may submit to The Law App for publication on the website (Published Material). Clients publish material relevant to their legal problem so that lawyers can view the material to give their best estimated quote.
Lawyers can publish material such as articles and blogs they have written to increase their appeal and marketability to clients.
12.2. Published Material does not constitute legal advice and should only be relied on by users as general information.
12.3. The Law App reserves the right to revise, edit, delete or amend any Published Material.
12.4. The Law App does not guarantee, make representation or warranty as to the accuracy or legitimacy of any information contained in any Published Material.
13. Engaging A Lawyer For Legal Services
13.1. A lawyer who prepares an estimated quote or otherwise tenders for, to avail their legal services to the prospective client using the website. The lawyer is responsible for undertaking their own conflict check with respect to any potential client. The Law App is not responsible for any Loss incurred for failing to recognise a conflict of interest between any client and any lawyer or potential client of the lawyer chosen by the client.
13.2. A client may engage a lawyer who has an estimated quote for the provision of legal services. The Law App does not regularly check or amend any information that a client provides to lawyers by way of information to lawyers for the provision of an estimated quote (other than as to assist in any dispute resolution, or to assist clients in obtaining an estimated quote from lawyers). lawyers must assess the case of the client and provide an estimated quote based on that information.
13.3. A client’s engagement of a lawyer via the website is a direct contractual relationship between the client and the lawyer, to the exclusion of The Law App.
13.4. All retainers or contractual agreements established between a client and a lawyer as a result of accepting a working agreement between a client and a lawyer through the use of the website exists independent of The Law App and the website has no legal effect on this User Agreement or the Terms and Conditions of use.
14. Features For Lawyers
14.1. Subject to clause 3, a lawyer may access any paid or unpaid features that are available on the website from time to time.
14.2. The Law App reserves the right to change, suspend or terminate any paid or unpaid features available to lawyers at any time without notice for any reason.
15.1. The Law App may charge a fee to lawyers for access to the website and its features.
15.2. The Law App may charge a fee to a lawyer who is chosen by a prospective client via the website to be engaged by a client to provide legal services. This fee is charged and deducted from the funds provided to The Law App by the client on acceptance of an estimated quote by a lawyer and prior to the lawyer receiving their share of such agreed estimated quote. The lawyer is then obliged to provide a no obligation consultation with the client via telephone, online video or in person (as can be mutually agreed between the client and the lawyer) prior to final agreement on the estimated quote and engagement of the lawyer by the client. The funds are then apportioned to the lawyer in the percentage of 90% to the lawyer and to The Law App in the percentage of 10%, as an administration fee.
15.4. Should a prospective client not agree to engage with a lawyer who has provided an agreed estimated quote, after the initial consultation with the lawyer. The Law App reserves its right to charge an administrative fee.
15.4. The Law App reserves the unrestricted right to determine and change any fees associated with usage of or access to the website and its features as it sees fit.
16.1. Unless expressly stated otherwise, all amounts payable under this User Agreement are exclusive of GST.
16.2. If GST is payable on any supply of goods or services agreed under this User Agreement for which the consideration is not expressly stated to include GST, you agree to pay The Law App an additional amount equal to the GST payable at the same time that the consideration for the supply, or the first part of the consideration for the supply (as the case may be), is to be provided. If however, an adjustment event arises in respect of the supply, the additional amount must be adjusted to reflect the adjustment event and you or The Law App (as the case may be) must make any payments necessary to reflect the adjustment.
16.3. If a party is required under this agreement to indemnify another party, or pay or reimburse costs of another party, that party agrees to pay the relevant amount less any input tax credits to which the other party is entitled.
17. Limitation Of Liability And Indemnity
17.1. The Law App is not liable for any action, statement, representation, inducement, undertaking or advice, or the accuracy of or reliance on such matters, made, provided or published by a lawyer or client via the website or otherwise.
17.2. The Law App is not liable for any infringement of Intellectual Property Rights that arises as a result of content (including within an estimated quote or Published Material) submitted to The Law App for publication on or transmission via the website by you.
17.3. You will not hold The Law App liable for any Loss or damage suffered as a result of your use of the website, whether or not that Loss or damage was caused by The Law App or another user of the website.
17.4. You indemnify The Law App (and its officers, employees, representatives, agents and contractors) from and against any Loss suffered or incurred by, and any Claim made by, any party, arising from or in connection with your use of the website, or your (or any other persons) breach of this User Agreement.
17.5. You unconditionally release The Law App (and its officers, employees, representatives and contractors) from any liability or obligation (known and unknown) relating to or in connection with any dispute you may have with another user of the website.
17.6. To the extent legally permitted, The Law App disclaims all warranties, representations, conditions, guarantees and terms other than those expressly set out in this User Agreement, express or implied. In the event that The Law App is found liable to any party under or in connection with this User Agreement or the website, its aggregate liability to that party is limited to the amount that party has paid to The Law App for the service that gave rise to the claim during the 12 months preceding the claim.
17.7. The Law App does not guarantee continuous, error-free access to the website. The Law App reserves the right to suspend access to the website for critical maintenance without notice.
17.8. To the extent legally permitted, The Law App (and its officers, employees, representatives, agents and contractors) will not be liable for any Consequential Loss under or in connection with the website or this User Agreement.
17.9. To the extent that the indemnities in this clause 17 are in favour of The Law App’s officers, employees, representatives, agents or contractors, The Law App contracts as trustee of the rights of those other persons under those indemnities.
17.10. This clause 17 survives the termination or expiry of this User Agreement.
18. Rules Of Use
18.1. you must comply, and procure that any person to whom you give access to the website complies, with this clause 18.
18.2. You are responsible for ensuring your use of the website complies with all relevant laws and regulations.
18.3. You must not disclose to any person any username or password that you may use to access the website. You must immediately notify The Law App of any unauthorised access to the website that you become aware of.
18.4. You must not use the website to upload, post, transmit or otherwise make available any material (or hyperlinks to such material) that:
• 18.4.1. infringes the Intellectual Property Rights of another person;
• 18.4.2. could reasonably be expected to be threatening, defamatory, abusive, indecent or otherwise unlawful; or
• 18.4.3. you know or suspect (or ought reasonably to have known or suspected) is false, misleading or deceptive.
18.5. By uploading, posting, transmitting or otherwise making available material via the website, you grant The Law App a non-exclusive, worldwide, royalty-free, perpetual licence to use, publish, reproduce and otherwise exploit the material in any form for any purpose and you unconditionally waive any moral rights [as defined in the Copyright Act 1968 (Cth)] that you might have in respect of the material.
18.6. A client must not sell, re-sell, licence or sub-licence any information contained on the website.
18.7. You will not use the website to send, allow to be sent, or assist in the sending of one or more unsolicited commercial electronic messages or otherwise breach the Spam Act 2003 (Cth) and accompanying regulations.
18.8. You will not distribute viruses or other malicious software to or through the website, impose an unreasonable load on the servers of the website, use a robot, spider or scraper to harvest material (including email addresses) from the website or bypass any measure used to prevent and control access to the website.
18.9. you are responsible for all taxes or levies that arise as a result of using the website.
19.1. If any provision of this User Agreement is held to be invalid or unenforceable, such a provision will be severed and the remaining provisions will continue in force.
19.2. Delay or failure by The Law App to enforce a provision of this User Agreement or any other right does not constitute a waiver of that provision or right.
19.3. The Law App may amend this User Agreement at any time. The amended terms take effect when you next access the website or after 30 days, whichever is sooner. If you do not agree with the updated terms you are then permitted not to continue to use the website.
19.4. The Law App may assign the benefit of this User Agreement without limitation.