These terms and conditions (terms) are an agreement between you and Legally Yours Pty Ltd (ACN: 641 814 931) of Level 3, 162 Collins Street, Melbourne VIC 3000 (“Legally Yours” “us” or “we”) and apply to your use of the Service (defined below) made available by us through our website at ([www.legallyyours.com.au) (Website).
By registering an account with us (Account), you represent and warrant that you are at least 18 years old, and you agree to be bound by and abide by these terms.
- How Legally Yours works
- The Service
- The service (Service) comprises the online directory of third-party lawyers (Lawyer Members) on our Website, through which you can browse and contact Lawyer Members who are able to provide legal services including but not limited to:
- legal advice;
- representation; and
- drafting of documentation,
(collectively the “Legal Services”)
- Subject to you complying with these terms, we will provide the Service to you as set out in these terms.
- Legally Yours is not a provider of Legal Services and no information contained on the Website should be construed as the provision of Legal Services.
- Lawyer Members
- All Legal Services are provided by Legally Yours’ Lawyer Members who are Australian lawyers and law firms with whom we have referral relationships. We use reasonable endeavours to ensure that the Lawyer Members are able to provide you with the Legal Services.
- In addition to these terms, in accordance with the relevant local legal practice legislation you may be required to sign additional engagement documentation with the Lawyer Member.
- In accordance with our agreement with the Lawyer Member, the Lawyer Member:
- pays a fee for the Lawyer Member to be listed on the Website; and
- makes a contribution to the cost of marketing for each customer connected to the Lawyer Member by Legally Yours.
- We do not provide Legal Services and are not responsible for the conduct of Legal Services by the Lawyer Member.
- Contacting a Lawyer Member
- To assist us in showing you Lawyer Members who are best placed to assist you, we will ask you a number of questions, including:
- whether the Legal Services you require are for you personally or your business;
- where in Australia you reside or require the Legal Services;
- the nature of the Legal Services you require;
- your preferred method of contact and your general contact details;
- whether you would like to receive relevant legal information from Legally Yours;
- to provide feedback of your experience with Legally Yours and the Lawyer Members.
- We then provide you with a number of Lawyer Members who are best placed to provide you with the Legal Services based upon your answers to the questions in 1.3(a) (Recommended Lawyer Members).
- You are able to browse the Recommended Lawyer Members and access information through the Service about the Recommended Lawyer Members.
- If you would like to contact a Recommended Lawyer Member you can do so by clicking the “Contact Member” button and you will be prompted to provide your contact details.
- You will then receive a confirmation of your inquiry from Legally Yours and we will prompt your selected Recommended Lawyer Member to contact you.
- If your selected Recommended Lawyer Member has not notified us that they have contacted you within a reasonable period of time, we may recommend a different Lawyer Member.
- If upon selecting a Recommended Lawyer Member, you wish to cancel your request to be contacted you may send an email to Legally Yours at firstname.lastname@example.org advising that you are no longer seeking a legal connection.
- If you wish to unsubscribe to legal information you may receive from Legally Yours, you may send an email to email@example.com and request to unsubscribe.
- Your obligations
- Before you can fully unlock your Recommended Lawyer Members, you must log into or 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.
- 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 1.
- Prohibited acts
You must not:
- access or use the Service or Website:
- in a way that violates these terms;
- for unlawful or dangerous activities or purposes;
- in a way that is fraudulent, inaccurate, false, misleading or deceptive;
- in a way that violates any applicable law (including, without limitation, applicable privacy laws); or
- in a way that infringes the rights (including the Intellectual Property Rights, as defined below in paragraph 1) of any other person; or
- Your relationship with the Lawyer Member
- The Lawyer Member may, in accordance with the relevant legislation, require you to enter into a costs agreement and disclosure to engage the Lawyer Member to provide Legal Services.
- Legally Yours is not and will not be a party to any agreement between you and the Lawyer Member.
- You acknowledge and agree that you have been notified that Legally Yours may, in accordance with its agreement with the Lawyer Member, collect a fee for referring you to the Lawyer Member.
- Information protection
- Meaning of ‘Intellectual Property Rights’
In these terms, ‘Intellectual Property Rights’ means all intellectual property rights, including the following rights:
- patents, copyright, rights in circuit layouts, designs, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;
- any application or right to apply for registration of any of the rights referred to in paragraph (a); and
- all rights of a similar nature to any of the rights in paragraphs (a) and (b) that may subsist anywhere in the world (including Australia),
whether or not such rights are registered or capable of being registered.
- As between you and us, all rights, title and interest (including Intellectual Property Rights) in the Website are owned by us (and our third party licensors).
- All rights, title and interest (including Intellectual Property Rights) in each Product is owned by the applicable Supplier (and/or their third party licensors).
While we use reasonable endeavours to ensure the Website, and any transactions conducted through the Service are secure, you acknowledge that the security of information and payments transmitted through the internet can never be entirely secure or error free. We are not liable for any loss or damage suffered by you or anyone else due to a failure, delay, interception or manipulation of an electronic communication caused by a third party.
- Liability and indemnity
- Subject to paragraph 2 we:
- make no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Website or the Service, and we are not liable to you if the Service is unavailable for any reason; and
- make no representations, warranties or guarantees in relation to the reliability, accuracy, quality, or currency of the Legal Services which may be provided to you by the Lawyer Member.
- Non-excludable Obligations
- To the extent that you acquire goods or services from us as a ‘consumer’ (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
- Nothing in this clause 5 operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute, the exclusion, restriction or modification of which would:
- contravene that statute; or
- cause any term of these terms to be void,
- Exclusions and limitations
Except in relation to Non-excludable Obligations:
- all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are expressly excluded under these terms;
- our liability to you arising directly or indirectly under or in connection with these terms or the performance or non-performance of these terms and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:
- we will have no liability whatsoever to you for any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any other economic, special, indirect or consequential loss, harm, damage, cost or expense (including legal fees) incurred by you or anyone else under or in connection with this Website or the provision of the Service or any Products; and
- our total aggregate liability to you is otherwise limited to an amount not exceeding the total amounts paid by you for the Product.
You indemnify us against any loss or damage we suffer (including any claim made by a third party) arising from or in connection with your breach of these terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of any third party.
- Links to other websites
- The Website may contains links to third party websites which are not under our control. These links are in the Website for your convenience.
- We make no representations or warranties as to the accuracy or any other aspect of the information on any linked third party website and the inclusion of any link does not imply endorsement, recommendation or support by us of that website or its contents. You acknowledge and agree that any access and use of linked third party websites is at your own risk.
- We are not responsible for:
- the contents of any linked third party website or any link contained on a linked third party website, or any changes or updates to such sites; and
- any losses suffered by you in connection with accessing or using any linked third party websites.
- These terms do not extend to the use of linked third party sites. We recommend that you review the terms and conditions of a linked third party websites before using that website.
- Changes to terms
- We reserve the right to revise and amend these terms in our discretion, as follows:
- if we consider that the change is likely to benefit you or have a neutral or minor detrimental impact on you, it may make any changes immediately without notifying you except by publishing the amended terms (as applicable) on the Website;
- if we consider that the change is likely to have a significant detrimental impact on you, it will make the change after it has notified you of the change (solely by using the email address you have provided) and will display a notice on the Website describing the change.
- Your continued use of the Website and/or Service after an amendment will mean that you agree to that amendment. You must stop using the Website and the Service if you do not agree to an amendment.
Any indemnity or any obligation of confidence under these terms is independent of, and survives termination or expiry of, these terms. Any other term by its nature intended to survive termination or expiry of these terms survives termination of these terms.
If any part of these terms is held to be invalid, illegal, or unenforceable, that part will be severed and the remaining parts of these terms 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.
These terms do not create a relationship of employment, trust, agency or partnership between you and us.
- Governing law and jurisdiction
These terms are 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.
These terms set out the entire agreement between you and us in relation to your use of the Website and the Service.