- Nature of our Services.
- Legally Yours (ABN 13 167 375 448) (LY) is a legal marketplace whereby users can access legal services from Australian Lawyers (“our Service”).
- All legal services are provided independently of LY. LY is not a law firm and we do not provide legal advice or services.
- All services are provided electronically unless otherwise agreed, in which case additional fees may apply where personal attendance is required.
- The Service is only available if you accept these Terms.
- You agree that by clicking “Sign Up”, “Login”, “Request Quote”, “Send Quote” or accessing, registering or using our Service in any way you are entering into a legally binding agreement with LY.
- Australian Legal Services.
- The laws governing the provision of legal services in Australia vary between the Australian States.
- To check the registration of a lawyer you should refer to the relevant legal institute or legal services board in the State where the lawyer is situated.
- Unless otherwise stated, lawyers available through the Service practice in Australian law.
- You must register an account to use this Service.
- It is your obligation to keep your username and password secure as LY is not liable for unauthorized access to your account.
- If you are registering an account on behalf of a third party, you warrant and represent to LY that you have authority to bind that third party as a principal to these Terms.
- The Service is only available to users above the age of 18 years old. By registering to use the Service you represent and warrant to LY that you are aged 18 years or older.
- Using the Service.
- You must only provide factually correct information and you represent and warrant to LY that all information you provide through the Service is true and correct.
- You must not provide information that violates the rights of any third-party.
- You agree to only use this Service for the purpose of being matched with a suitable lawyer(s) to obtain professional legal services.
- The content that you provide when you request a quotation through the Service must have sufficient information to enable the lawyer to respond accurately.
- You may only request one match per legal issue at a time. Once you request a match, you will be restricted from requesting a further match until the Lawyer replies or you reject the quote.
- At the end of your interaction with the lawyer, we provide you with the opportunity to give the Lawyer a rating. The rating relates to your experience with the Lawyer in consideration of price transparency and service delivery. Our Service defaults to a five star rating (meaning you are satisfied). Your ratings will be made public and the lawyer will also see them. All content submitted by you must be truthful and accurate and made in accordance with our website user agreement. LY retains the discretionary right to remove ratings where comments could be considered defamatory or unsubstantiated.
- Confidential Information.
- You acknowledge that through using this Service you may be provided with Confidential Information including or not limited to the price a lawyer charges for legal services.
- You agree to keep all Confidential Information you obtain through the Service in confidence and not to disclose any Confidential Information to any third party, unless required by law, and you agree not to use or exploit the Confidential Information for any purpose other than using this Service.
- If you are a business, you will use all reasonable efforts to ensure that your employees (including third party contractors) comply with this term.
- The obligations in this clause survive termination of this Agreement except to the extent that the Confidential Information becomes generally available to the public other than as a result of your breach of this clause.
- All communications that flow through the LY Service will be kept confidential by LY.
- LY may times discuss client matters with an LY Lawyer where considered necessary for the purposes of providing our Service to you.
- Fixed Fee Services.
- LY in all cases encourages LY Lawyers to offer services at fixed fee rates.
- Certain limited exclusions may apply where the progress and scope of the matter is unable to be estimated. In such cases LY Lawyers will always discuss this with you first.
- At times LY Lawyers may be required to pay funds to third party providers in the course of providing services to you. These are called ‘disbursements’ and include but are not limited to things such as filing or search fees. These are separate to legal fees, and the precise cost is not always known in advance, but every attempt will be made by the LY Lawyer assigned to your matter to provide you with an estimate of these costs. You agree to pay LY Lawyers any disbursements that are incurred in the course of providing the legal services to you.
- Payment Terms.
- The engagement of a lawyer through this Service is an agreement between the Client and the Lawyer, to which LY is not a party.
- Payment terms between Clients and Lawyers are as agreed between you.
- Unless otherwise provided, all prices are quoted in Australian Dollars.
- Services provided by lawyers through this Service are likely to incur GST.
- As Legally Yours is not a law firm, all LY Lawyers are independent from each other.
- This means that it is not a conflict for two different LY Lawyers to represent different Clients involved in the same matter.
- The obligation is on a LY Lawyer to you if there is a conflict of interest in assisting you, in which case you may refer your matter to a different LY Lawyer.
- Dispute Resolution.
- Your concerns are important to us. We strive to provide you with a professional service and an enjoyable experience. If however, a dispute arises between Legally Yours and the Client, our goal is to resolve the matter quickly and effectively.
- All LY Lawyers are required by law to provide you with information about your rights. If you have a dispute about the services you have received from a LY Lawyer you should express your concerns with the LY Lawyer directly. For more information about your rights to complain about a Lawyer, you should contact the Office of the Legal Services Commissioner (or equivalent) in the State where the lawyer is situated.
- In the event of any dispute, claim, question, or disagreement arising out of or relating to this Agreement or the breach thereof, the Parties hereto shall use their best efforts to settle such disputes, claims, questions, or disagreement. To this effect, they shall consult and negotiate with each other, in good faith and, recognising their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties.
- Limitation of Liability.
- LY is a service provider for the purposes of the Competition and Consumer Act 2010.
- To the extent permitted by law LY excludes all conditions, warranties, representations and guarantees not expressed in these Terms.
- To the extent permitted by law, any liability of LY arising in connection with the Services is limited to providing the services again or paying the cost of having the services supplied again.
- You may terminate this agreement at any time without notice to LY without cause.
- Upon termination you will no longer have access to your account, and you will need to register with the Service again to use the Services.
- LY may terminate or suspend your access to the Service if we suspect that you have breached these Terms.
- These Terms are governed by the laws of Victoria Australia, and the Parties agree to the jurisdiction of the Victorian Courts.
- A delay or favour of a Party to exercise a right under these Terms should not constitute a waiver of that right or preclude that right being exercised in the future.
- If any provision or part of a provision of these Terms is deemed invalid, illegal or unenforceable by a Court of competent jurisdiction it should deemed modified to the extent required to make it valid, legal or enforceable. The modification or deletion of a provision or part of a provision under this clause does not affect the validity and enforceability of the remainder of the Terms.
- Nature of our Services.
Legally Yours (ABN 13 167 375 448) (LY) is an online legal marketplace whereby users can access legal services from Australian Lawyers. LY is not a law firm and we do not provide legal advice or services. All services provided by LY are provided electronically unless otherwise agreed. Using the search fields in the LY Platform, Clients will be able to filter their search for a lawyer by expertise, country or language and find one within the LY Platform that may suit their legal needs.
“Agreement” means these Terms which form an agreement between LY and the LY Lawyer.
“Business Day” means Monday to Friday excluding public holidays that apply to the state where the Lawyer is situated.
“Client” means any person or entity referred to a Lawyer through the LY platform.
“Lawyer or Lawyers” means a lawyer or law practice that is authorised to practice law in Australia.
“LY Lawyer” means a Lawyer or other professionals of a legal discipline that have registered to use the Service
“Parties” means Legally Yours, and the LY Lawyer.
“Platform” means the website hosted at www.legallyyours.com.au and attached software
“Service” means the online legal marketplace provided by LY through the Platform
“You, your” means the LY Lawyer
- Acceptance. Lawyers are required to accept these Practitioner Terms before accessing and using the Services. By accessing and/or registering to use the Services, you are consenting to be bound by these Practitioner Terms. You agree that by clicking “Sign Up”, “Register”, “Accept Request” or similar buttons, accessing, registering or using the Service in any way, you are entering into a legally binding agreement with LY.
- Fixed Fees. LY Lawyers agree to the condition that all legal services provided or offered to Clients must be provided on a fixed fee basis. This is an essential term.
- Subscription. Clients do not pay to access the Service. To use the Service LY Lawyers must purchase a 12-month subscription. LY Lawyers agree to pay one up-front annual subscription of $1,000.00 plus GST per year. LY in its sole discretion may elect to alter the payment terms to regularly scheduled payments after discussion with a lawyer. LY will notify you 30 days prior to the cessation of the subscription period which will include notification of any increase in the subscription fee.
- Eligibility. By registering to use the Service you warrant and represent to LY that you are the holder of a current practising certificate permitting you to practice Australian law, or that you satisfy any other requirements applicable to eligibility to practice in your legal discipline, and that you hold and will maintain current Professional Indemnity Insurance.
- Registration and Profile Creation. To register with the Service, you must provide LY with your headshot, bio and other relevant information in order for LY to create a profile for matching on the LY marketplace. Only one profile is permitted per individual. When providing the information to set up your profile to use the Service you agree to provide LY with true, accurate, current and complete information. You also agree to keep the information in your profile up to date by letting LY know of any changes to your information.
- Quotes. Clients can use the Service to request Quotes from LY Lawyers. Payment terms between LY Lawyers and with Clients are within the LY Lawyers discretion on the condition that all Quotes are fixed fee.
- Provision of Legal Services. The Client will authorise the LY Lawyer directly to provide legal services. It is the responsibility of the LY Lawyer to ensure its own onboarding processes are undertaken and that all cost disclosure and other such requirements are complied with. LY Lawyers agree to provide the legal services in accordance with the scope and quote provided to the Client. If the scope changes, or something occurs impacting on the quote given to the Client, the LY Lawyer must notify the Client as soon practicable.
- Service Levels. LY Lawyers agree to comply with all relevant laws, rules and regulations (including conduct rules and codes of ethics) that govern the provision of the legal services in the jurisdiction where the LY Lawyer operates from. LY Lawyers indemnify and promise to keep LY and any of LY’s affiliates, officers, agents, partners and employees indemnified against any losses, damages, costs, liabilities and expenses incurred or suffered by LY in connection with legal services rendered by LY Lawyers to Clients.
- Ratings. It is a requirement for using the Service that Clients must give the LY Lawyer a rating of up to five stars. All LY Lawyers are given a default rating of five stars upon registration. Clients are encouraged to provide a five-star rating to the LY Lawyer upon completion of the process, in consideration of service delivery and price transparency. LY retains the discretion to remove ratings provided by Clients where comments could be considered defamatory or unsubstantiated. Lawyers also have the ability to rate Clients, such ratings and feedback are not made public, but are available for viewing by other LY Lawyers if the same Client requests a Quote from that LY Lawyer. Your comments about a client may fall within the definition of ‘personal information’ for the purposes of the Privacy Act 1988 Cth, and LY may be obliged to grant a Client access to the information. All content submitted to the Platform must be submitted in accordance with the LY Website User Agreement.
- Content Requirements. It is a condition of using the Service that each LY Lawyer will submit a minimum of three (3) articles or blogs, written by the LY Lawyer for publication on the Platform. You are solely responsible for and assume all risks for any content posted or supplied by you through the Service. The LY Lawyer agrees to indemnify LY and keep LY indemnified against all claims arising against LY in connection with the content submitted by the LY Lawyer for publication on the Platform. You must ensure compliance with the Privacy Act 1988 (Cth) requirements when transmitting personal information electronically and outside of Australia (as applicable).
- No Guarantees. LY does not guarantee that an LY Lawyer will receive Clients through the Service. LY does not offer a payment guarantee. Where a client fails to pay, the LY Lawyer has the rights existing under the Cost Agreement, Client Authority or other such document of engagement agreed to by the Client. LY will use our best endeavours to ensure that the Platform is available at all times. Notwithstanding the foregoing, LY does not warrant that your use of the Service will be uninterrupted or error-free; or that the Service will meet your requirements. LY is also not responsible for any delays delivery failures or interruptions that arise as a result of circumstances outside of LY’s control. You acknowledge that the Services may be subject to limitations, delays and problems inherent in the use of electronic communication facilities.
- Limitation of Liability. To the extent permitted by law, LY excludes all conditions, warranties, representations or other terms whether express or implied. To the extent permitted by law, LY will not be liable for:
- any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever;
- loss of profits, sales, revenue, data, use, goodwill, or other intangible losses;
- damages relating to your access to, use of, or inability to access or use the Services;
- damages arising out of your relationship with any Client found through the Service and/or the legal provided to services provided because of the Service.
To the extent permitted by law, LY’s total liability for any claim under these Practitioner Terms, is limited to the cost paid for the Services by the LY Lawyer or the cost of providing the Services again.
- Confidentiality & Privacy. All communications and information flowing between LY and the LY Lawyer are confidential. By agreeing to the LY Client Terms, Clients have consented to the LY Lawyer communicating with the Client through the Platform.
- Participation and Marketing. LY may provide LY Lawyers with the opportunity to speak at events or produce material for marketing legal services, such as blogs or other content (“Participation”). Generally, there will be no fee paid to the Lawyer for Participation, however LY agrees to refer all clients that arise from the Participation to the LY Lawyer.
- Complaints. LY Lawyers must provide Clients with information about their rights and complaints process. Where LY receives a complaint from a Client we will contact the LY Lawyer, setting out the details of the complaint and asking the Lawyer to respond with a proposed solution. Where LY receives three complaints about a Lawyer, which appear subjectively justified, we may remove the LY Lawyer from the panel.
- Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising out of or relating to this Agreement or the breach thereof, the Parties hereto shall use their best efforts to settle such disputes, claims, questions, or disagreement. To this effect, they shall consult and negotiate with each other, in good faith and, recognising their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If the Parties do not reach such solution within a period of sixty (60) days, then upon notice by either Party to the other, disputes, claims, questions, or differences shall be finally settled by mediation. If the Parties cannot agree on who the mediator should be, the Parties agree that the Law Institute of Victoria shall appoint an appropriate mediator.
- Termination. Either party may terminate this Agreement without cause any time. LY Lawyers agree that all Client matters that are ongoing as at the date of termination will be finalised in accordance with the LY Lawyer’s usual obligations.
- Severability. If a provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Whole Agreement. LY and the LY Lawyer jointly and separately acknowledge to each other that all prior agreements or understandings have not been relied upon and these terms represent the entire of all agreements between LY and the Lawyer.
- Law and jurisdiction. This Agreement (and any further rules, polices, or guidelines incorporated by reference) will be governed by and construed in accordance with Victorian law, and any disputes arising out of or about this Agreement will be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.