Lawyer Member and Partner Terms of Use

  1. Introduction
    • Legally Yours Pty Ltd (ACN: 641 814 931) (“Legally Yours”, “we”, “us”) is a community, marketplace and a platform for innovative lawyers in all states and territories in Australia. We empower lawyers and connect them to more work and more opportunities while helping all Australians access better legal services.
    • We provide an easy and convenient way for our Lawyer Members (defined below) to form relationships with clients who are seeking access to fixed-fee legal services. We are not a pitching platform.
    • By paying your membership fee you agree to be bound by these Membership Terms and Conditions.
  2. Definitions
  • Account means that part of the Website which provides the Lawyer Member with access to a personalised portal for the purposes of Legally Yours providing the Legally Yours Services.
  • Australian Lawyer means a person admitted to practice in the Supreme Court of each state or territory holding a current practicing certificate in the relevant jurisdiction.
  • Confidential Information means:
    1. all information which is not in the public domain, and which is disclosed by Legally Yours in whatever form (whether before or after the date of this agreement) to the Lawyer Member or Channel Partner or which is otherwise acquired by the Lawyer Member or Channel Partner directly or indirectly from Legally Yours including, without limitation:
      A.  information concerning the business, assets, liabilities, and financial position of Legally Yours;
      B.  information regarding Legally Yours’ customers, pricing policies, marketing strategies, proposed business plans and business generally whether disclosed by Legally Yours or any other person;
    2. any material brought into existence by the Lawyer Member or Channel Partner when performing the Legal Services or otherwise carrying out his obligations under this agreement;
    3. any material provided or made available by or on behalf of Legally Yours to the Lawyer Member or Channel Partner;
    4. any other information acquired or produced by the Lawyer Member or Channel Partner in connection with the Legal Services which is not in the public domain and which by its nature is confidential or which is identified by Legally Yours (acting reasonably) to be confidential.
  • Converted Customer has the meaning provided to it in clause 9.
  • Intellectual Property Rights or IPR means all intellectual property rights including the following:
    1. patents, copyright, rights in circuit layouts, designs, trade and service marks (including the goodwill in those marks), domain names and trade names and any right to have Confidential Information kept confidential;
    2. any application or right to apply for registration of any of the rights referred to in paragraph (i);
    3. all rights of a similar nature to any of the rights in paragraphs (i) and (ii) that may subsist anywhere in the world (including Australia),

whether or not such rights are registered or capable of being registered.

  • Lawyer Member means an Australian Lawyer who has created an Account and paid the relevant Membership Fee.
  • Legally Yours Services means the services provided by Legally Yours to you in accordance with these Terms and Conditions and your Membership Level.
  • Membership Fee means the fees and costs payable by Lawyer Members and Partners depending upon the Lawyer Membership Level or Partner Membership Level as stated on the membership fee page on the Website at https://legallyyours.com.au/become-a-member/ and https://legallyyours.com.au/become-a-partner.
  • Lawyer Membership Level means:
    1. Community;
    2. Bronze;
    3. Silver; and
    4. Gold.

and the entitlements associated with each of those Lawyer Membership Levels as stated at https://legallyyours.com.au/become-a-member/

  • Partner means a business that supports, educates, provides strategy or collaborates on joint events with Legally Yours and Lawyer Members.
  • Partner Membership Level means:
    1. Business Support;
    2. Education and Strategic; and
    3. Events.

and the entitlements associated with each of those Partner Membership Levels as stated at https://legallyyours.com.au/become-a-partner/

  • Platform Marketing Contribution means the agreed contribution by Lawyer Members to Legally Yours to meet Legally Yours’ costs associated with converting Customers.
  • Preferred Payment Method
  • Start Date means the date the Lawyer Member creates their Account.
  1. Term of Agreement
    • Initial term
      • This agreement begins on the Start Date and ends:
        • if the Lawyer Membership Level is Community, one month later;
        • if the Lawyer Membership Level is Bronze, Silver or Gold, 12 months later, (each a Term).
  • Renewal term
    • For all 12 month Terms, you will receive a notice 30 days prior to the anniversary of the Start Date notifying you that your Lawyer Membership Level will renew for a 12 month Term unless we receive notice from you.
    • For all month-to-month Terms, your Lawyer Membership Level will renew automatically monthly until we receive notice from you.
    • You authorise Legally Yours to charge your Preferred Payment Method on each Renewal Date for your Membership Fees.
  1. Legally Yours Website
    • Our Website contains an online database of Lawyer Members, which potential clients can browse by:
      • Practice area;
      • Location;
      • Legal expertise;
      • Number of years experience;
      • Legal information written or co-authored by our Lawyer Members in the news section of the Website, and connect with those Lawyer Members they choose by providing basic contact details.
  • Lawyer Members and Partners can log into their Account on the Website and update:
    • Their contact details;
    • Their invoicing details;
    • Their Preferred Payment Method;
    • Converted Customers.
  1. Becoming a Lawyer Member
    • Before you become a Lawyer Member you must register an Account with us. Your Account must contain:
      • an Account username and password;
      • your email address;
      • mobile telephone number; and
      • any other information reasonably required by us in relation to your Account.
    • We may accept or reject any application to register an Account.
    • Becoming a Lawyer Member requires the provision of information reasonably required to ensure that you are currently entitled to practice law in Australia (except in the case of a Community Member).
    • You are required to provide the following:
      • Personal details including:
        • Full name;
        • Date of birth;
        • Email address;
        • Telephone number (preferably your mobile number);
        • Photographic identification documentation (Australian Passport or Driver Licence);
        • Current individual practicing certificate; and
        • your Preferred Payment Method.
      • Employer or business details including:
        • Company, business or partnership name;
        • Australian Company Number;
        • Australian Business Number;
        • ASIC Extract;
        • Evidence of right to practice law as a business;
        • Current principal practicing certificate.
      • Upon providing your basic personal details to us, you will be prompted to select a Lawyer Membership Level.
      • Each Membership Level has different rights, opportunities, incentives and monthly costs these are detailed at https://legallyyours.com.au/become-a-member/ and are subject to change at the sole discretion of Legally Yours.
      • You may change your Membership Level at any time by logging into the Website and choosing to change your Membership Level.
      • In the event the rights, opportunities, incentives or monthly costs change during the Term you will be provided with the opportunity to:
        • Upgrade your membership; or
        • Be grandfathered for the remainder of the Term.
      • You are responsible for any activity that occurs under or through your Account and you must maintain the confidentiality of your Account username and password. You must notify us immediately of any actual or suspected unauthorised use of your Account or breach of your Account security.
      • You represent and warrant that all information provided under your Account is complete and accurate. If there is a change to any information relating to your Account, you must update your Account or notify us as soon as possible.  If we suspect that any information provided by you is incomplete or inaccurate, we may suspend or terminate your Account.
      • We are not liable for any loss or damage arising from or in connection with your failure to comply with the requirement in this paragraph 5.
  2. Monthly Membership Fees
    • If your Membership Level incurs a Membership Fee, you authorise us to charge you automatically each month until you cancel.
    • The Membership Fee for Legally Yours and any other charges you may incur in connection with your Membership (for example taxes), but excluding the Platform Marketing Contribution, will be charged to your Preferred Payment Method on the specific billing date indicated on your “Account” page. The length of your billing cycle may depend on your Membership Level, but otherwise will be monthly.
    • To use the Legally Yours Service, you must provide one or more Preferred Payment Methods. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Preferred Payment Method. For some Preferred Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Preferred Payment Method. Local tax charges may vary depending on the Preferred Payment Method used. Check with your Preferred Payment Method service provider for details.
    • You may at any time update your Preferred Payment Methods and we will use the updated Preferred Payment Method for each payment due thereafter.
  3. Potential Customers
    • Potential customers can access the Website and use the “Find a Lawyer” functionality.
    • Depending upon a Lawyer Member’s Membership Level, they will be displayed differently through the “Find a Lawyer” function and may appear in any number of areas depending upon a series of pre-determined variables.
    • A potential customer may, by selecting a Lawyer Member, review details about the Lawyer Member including their professional experience, practice areas and location.
    • If the potential customer wishes to engage with a Lawyer Member, they click the https://legallyyours.com.au/talk-to-a-lawyer/, fill out their details, create an account and then submit their inquiry form.
    • Once the inquiry form is clicked, the potential customer’s details are provided to the relevant Lawyer Member and the potential customer is deemed to be a Connected Customer.
  4. Legally Yours Services
    • We have offered, and you have accepted by agreeing to these Terms and Conditions, that we will provide you with the Legally Yours Services in accordance with the Membership Level you have selected.
    • In exchange, you have agreed:
      • to make contact with a Connected Customer within 2 Business Days of receiving their contact details (the “Initial Contact”);
      • to offer fixed-fee or agreed upfront fee legal services to each Connected Customer;
      • to make prompt payment of the Platform Marketing Contribution for every Connected Customer subject to clause 1.
  1. Converted Customers
    • Unless:
      • the works required by the Connected Customer are not within your practice area (or another lawyer of your firm’s area of expertise);
      • the Connected Customer does not require legal services;
      • the Connected Customer does not respond to you following the Initial Contact;
      • you are unable to provide the Connected Customer with legal services; or
      • the Connected Customer does not accept your fixed fee quote,

the Connected Customer is deemed to be a Converted Customer.

  • Upon a Connected Customer becoming a Converted Customer you must log onto the Website and update the Connected Customer’s details and confirm they are a Converted Customer within 7 days.
  • In the event a Lawyer Member fails to update the details of the Converted Customer on the Website, Legally Yours may market other Lawyer Members to the Connected Customer.
  • Once you confirm that the Connected Customer is now a Converted Customer, you must pay the Platform Marketing Contribution.
  1. Payment of the Platform Marketing Contribution
    • On the first day of each calendar month we will:
      • create a report from the Website confirming the number of Converted Customers for the preceding calendar month;
      • multiply the number of Converted Customers by the Platform Marketing Contribution;
      • add GST; and thereafter
      • render an invoice to you.
    • Unless otherwise agreed, invoices issued by us are due for payment from 14 days after issue (the “Invoice Due Date”).
    • In the event you do not pay an invoice on the Invoice Due Date, we:
      • charge interest at the rate set by the Penalty Interest Rates Act 1983 (Vic);
      • may recover the value of the Invoice as a liquidated debt; and
      • in the event you are in default of your obligation to pay and the overdue account is then referred to a debt collection agency, and/or law firm for collection you shall be liable for the recovery costs incurred and if the agency charges commission on a contingency basis you shall be liable for this amount as a liquidated debt. In the event where we or our agency refers the overdue account to a lawyer you shall also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on the indemnity basis.
    • Upon the receipt of an Invoice, you must review the Invoice and no later than 7 days following the date the relevant invoice was issued, inform us:
      • if you disagree with the number of Converted Customers;
      • or otherwise dispute the Invoice.
  2. Provision of Services
    • Lawyer Members must provide the Services in accordance with this agreement, including by:
      • making contact with a Connected Customer no later than two Business Days following receipt of the Connected Customer’s details;
      • determining whether the legal services sought by the Connected Customer are within your area of expertise or the area of expertise of another lawyer at your firm (if applicable);
      • if the legal services are within your area of expertise, providing a fixed-fee quote for your legal services.
  1. Partners
    • Partners provide background Partner Services to the Lawyer Members of Legally Yours.
    • Legally Yours reserves the right to review each Partner to ensure that:
      • the Partner Membership Level is appropriate for the Partner Services provided by that Partner;
      • there are not too many Partners offering the similar or identical Partner Services;
    • Each Partner warrants:
      • to the extent the Partner is required to be registered with a regulatory board or professional organisation, that the Partner is so registered;
      • to the extent the Partner is required to have certain insurances, that the Partner has such insurances;
      • that the Partner has the skills, knowledge, training, qualifications and experience represented to Legally Yours;
      • that the Partner has the lawful right and ability to enter into this Agreement.
    • If Legally Yours determines, acting reasonably, that the Partner cannot meet any of its warranties in clause 12(c), Legally Yours may immediately cancel, suspend or terminate this Agreement.
  2. Personnel
    • You must ensure that the legal services are provided by the Lawyer Member or their employee. You must not replace the Lawyer Member without our prior written approval except if the relevant person is unable to provide the Services due to ill health, incapacity or the Lawyer Member has left your employ.
    • Where you replace (or are required to replace) any Lawyer Member you must do so promptly with another suitably qualified, skilled and experience person acceptable to us.
  3. Compliance with Laws
    • You must at all times and at your own cost:
      • Comply with:
        • All Laws including, to avoid doubt:
        • Relevant local legal practice laws and regulations;
        • All industry codes of conduct;
        • Occupational health and safety Laws;
        • Privacy and data protection Laws; and
        • Our reasonable directions concerning the interpretation of Laws,
      • Ensure that you do not perform the Services in a manner that causes us to breach any Law;
      • Advise us if you believe any aspect of the Legally Yours Services breach or contravene any Law or would cause you to breach or contravene any Law; and
      • Obtain and maintain all licences, certificates, authorisations, consents, approvals, permits and insurances that are required by Law to be obtained by you to enable us to receive the full benefit of the Services under this agreement.
    • You acknowledge that if your local legal practice laws require, you must notify the Connected Customer or Converted Customer of the payment to us of the Platform Marketing Contribution.
  1.  Delays
    • Notification
      • If there is an actual or anticipated delay in meeting the deadline (Delay), you must:
        • Immediately notify us;
        • Immediately notify the Connected Customer; and
        • Take all steps reasonably required to prevent, limit or rectify the Delay.
    • Consequences
      • Without limiting the other rights or remedies we may have against you in connection with a Delay, to the extent a Delay is caused by you, we may do any of the following:
        • Remove you as a Lawyer Member; and/or
        • Market a different Lawyer Member to the Connected Customer
      •  Taxes
          • GST
            • Words or expressions used in this paragraph 3 which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this paragraph.
            • Any consideration payable or to be provided for a supply made under or in connection with this agreement, unless specifically described in this agreement as ‘GST inclusive’, does not include any amount on account of GST. If GST is payable on any supply made under or in connection with this agreement (not being a supply the consideration for which is specifically described in this agreement as ‘GST inclusive’), the recipient of the supply must pay to the supplier, an additional amount equal to the GST payable on the supply provided that the supplier gives the recipient a tax invoice for the supply.
            • If a payment to a party under this agreement is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party, or the representative member of the GST group that party is a member of (as the case may be), is entitled for that loss, cost or expense.
          • Other Taxes
            • Subject to clause 15, all Taxes imposed or levied in connection with this agreement or any transaction contemplated by this agreement will be borne by you.
  2. Information protection
    • Ownership
      • Your Intellectual Property Rights already existing as at the Start Date (your Pre-Existing IPR) will remain vested in you. To the extent that we need to use your Pre-Existing IPR to receive the benefit of the Services or Deliverables, you grant to us a worldwide, perpetual, irrevocable, fully paid-up, transferable, non-exclusive licence (including the right to sub-license) to use, reproduce, modify, adapt and communicate your Pre-Existing IPR.
      • You agree that we retain all rights, title and interest (including all Intellectual Property Rights) in and to the Legally Yours Material. We grant you a non-exclusive, non-transferable, royalty-free licence (including the right to sub-license solely to any subcontractor approved by us under this agreement) to use the Legally Yours Material solely for the purpose and to the extent necessary for you to provide the Services.
    • Confidential Information
      • A Receiving Party:
        • may use Confidential Information of the Disclosing Party only for the purposes of this agreement; and
        • must keep confidential all Confidential Information of the Disclosing Party except:
        • for disclosures permitted under paragraph (b); and
        • to the extent (if any) the Receiving Party is required to disclose any Confidential Information by Law.
      • A Receiving Party may disclose Confidential Information of the Disclosing Party to persons who:
        • have a need to know for the purposes of this agreement (and only to the extent that each has a need to know); and
        • before disclosure have been directed by the Receiving Party to keep confidential all Confidential Information of the Disclosing Party (Direction).
      • A Receiving Party must:
        • ensure that each person to whom it discloses Confidential Information of the Disclosing Party under paragraph (b) complies with its Direction; and
        • notify the Disclosing Party of, and take all steps to prevent or stop, any suspected or actual breach of a Direction.
  3. Developed Member Intellectual Property
    • Notwithstanding any other provision to the contrary in these Terms and Conditions, to the extent that your Membership Level grants you the right to use Member Intellectual Property developed by Legally Yours for the Term you are granted a world-wide, limited, non-exclusive, revocable and non-perpetual licence to use, modify, share and distribute the Member Intellectual Property using any channels, mediums or methods.
    • Legally Yours may in its sole discretion revoke this licence at any time and for any reason or for no reason at all.
    • For the purposes of this clause 18, Member Intellectual Property means:
      • any video;
      • photograph; or
      • article including blog post, developed by Legally Yours which relates to the Lawyer Member and which the Lawyer Member is provided access to in accordance with the Lawyer Member’s Membership Level.
  4. Warranties
    • You warrant and represent throughout the Term that:
      • you:
        • are an Australian Lawyer if you are a Lawyer Member with a Lawyer Membership Level of Bronze, Silver or Gold;
        • have the necessary experience, skill, knowledge and competence and all necessary rights to perform legal services;
        • have insurance required by your local regulatory authority.
      • the legal services provided under this agreement will be fit for their intended purpose as described in this agreement or otherwise notified to you by us;
      • the provision of the legal services under this agreement, will not infringe the Intellectual Property Rights or other rights of any person;
      • you will perform the legal services in accordance with all Laws and the reasonable directions provided by us from time to time; and
      • you have the requisite power and authority to enter into this agreement and to carry out the obligations contemplated by this agreement.
  5. Insurance and indemnity
    • Insurance
      • You must maintain the insurances as required by your local regulatory authority.
    • Indemnity
      • You agree to indemnify us (and our officers, employees, agents, contractors, successors and assigns), and to keep all of us indemnified, from and against any Loss incurred by any of us in connection with any Claim, including any Claim by any Connected Customer or Converted Customer.
  6. Termination
    • Termination for convenience
      • We may, in our absolute discretion, terminate this agreement (in whole or in part, including, to avoid doubt, any individual order issued by us) at any time, for convenience, by giving notice to you.
    • Termination for cause
      • We may terminate this agreement by giving notice to you if:
        • you breach a provision of this agreement;
        • you become insolvent or bankrupt; or
        • where relevant, if there is any change in your direct or indirect ownership or control.
      • You may terminate this agreement by giving notice to us if:
        • we fail to pay any amount owing under this agreement by a period of more than 60 days, provided that you have given us written notice:
          1. specifying the failure;
          2. giving us at least a further 30 days to pay the amount owing; and
          3. specifying that you intend to terminate this agreement if we fail to pay that amount; or
        • we become insolvent or bankrupt.
      • Consequences of expiry or termination
        • On expiry or termination of this agreement for any reason, you must:
          • cease using the Legally Yours Branding; and
          • at our direction, either return to us, or destroy and certify in writing to us the destruction of, all of our Confidential Information in your (or your Personnel’s) possession or control.
        • If this agreement is terminated under clause 1, you will pay us for those Legally Yours Services that have been duly rendered to you in accordance with this agreement up to the effective date of termination.
        • Termination of this agreement does not affect any accrued rights or remedies of either of us.
  7. Notices
    • Service of notices
      • Where a party is required to give another party a notice, demand, consent, approval or communication under this agreement (Notice), such Notice must be given either by hand delivery, prepaid post, facsimile or (except for notices of breach or termination) email, to the recipient’s address for Notices specified in your Account.
    • Effective on receipt
      • A Notice given in accordance with clause 1 takes effect when taken to be received (or at a later time specified in it), and is taken to be received:
        • if hand delivered, on delivery;
        • if sent by prepaid post, on the second Business Day after the date of posting (or on the seventh Business Day after the date of posting if posted to or from a place outside Australia);
        • if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the entire Notice unless, within eight business hours after the transmission, the recipient informs the sender that it has not received the entire Notice; or
        • if sent by email:
            1. at the time shown in the delivery confirmation report received by the sender at the time that the email was delivered to the addressee, unless the sender receives a delivery failure notification indicating that the email has not been delivered to the addressee; or
            2. four hours after the time sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered, but if the delivery, receipt or transmission is not on a Business Day or is after 5.00pm on a Business Day, the Notice is taken to be received at 9.00am on the next Business Day.
  8. General
    • Any indemnity or any obligation of confidence under this agreement is independent of, and survives termination or expiry of, this agreement. Any other term by its nature intended to survive termination or expiry of this agreement survives termination of this agreement.
    • We may assign our rights and/or transfer our obligations under this agreement, to any person, without your prior written consent. You must do all things (including execute all documents) necessary to give effect to this paragraph(b).
    • If any part of this agreement is held to be invalid, illegal, or unenforceable, that part will be severed and the remaining parts of this agreement will continue in force.
    • A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy.  A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
    • This agreement does not create a relationship of employment, trust, agency or partnership between you and us.
    • This agreement is governed by the law of the State of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.