1. Nature of our Services.
1. 1. Legally Yours (ABN 13 167 375 448) (LY) is a legal marketplace whereby users can access legal services from Australian Lawyers (“our Service”).
1. 2. All legal services are provided independently of LY. LY is not a law firm and we do not provide legal advice or services.
1. 3. All services are provided electronically unless otherwise agreed, in which case additional fees may apply where personal attendance is required.
2. 1. The Service is only available if you accept these Terms.
2. 2. 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.
3. Australian Legal Services.
3. 1. The laws governing the provision of legal services in Australia vary between the Australian States.
3. 2. 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.
3. 3. Unless otherwise stated, lawyers available through the Service practice in Australian law.
4. 1. You must register an account to use this Service.
4. 2. It is your obligation to keep your username and password secure as LY is not liable for unauthorized access to your account.
4. 3. 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.
4. 4. 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.
5. Using the Service.
5. 1. 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.
5. 2. You must not provide information that violates the rights of any third-party.
5. 3. You agree to only use this Service for the purpose of being matched with a suitable lawyer(s) to obtain professional legal services.
5. 4. The content that you provide when you request a quotation through the Service must have sufficient information to enable the lawyer to respond accurately.
5. 5. 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.
5. 6. 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.
6. Confidential Information.
6. 1. 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.
6. 2. 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.
6. 3. If you are a business, you will use all reasonable efforts to ensure that your employees (including third party contractors) comply with this term.
6. 4. 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.
6. 5. All communications that flow through the LY Service will be kept confidential by LY.
6. 6. LY may times discuss client matters with an LY Lawyer where considered necessary for the purposes of providing our Service to you.
7. Fixed Fee Services.
7. 1. LY in all cases encourages LY Lawyers to offer services at fixed fee rates.
7. 2. Certain limited exclusions may apply where the progress and scope of the matter is unable to be estimated (such as litigation). In such cases LY Lawyers will always discuss this with you first.
7. 3. 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.
8. Payment Terms.
8. 1. The engagement of a lawyer through this Service is an agreement between the Client and the Lawyer, to which LY is not a party.
8. 2. Payment terms between Clients and Lawyers are as agreed between you.
8. 3. Unless otherwise provided, all prices are quoted in Australian Dollars.
8. 4. Services provided by lawyers through this Service are likely to incur GST.
9. 1. As Legally Yours is not a law firm, all LY Lawyers are independent from each other.
9. 2. This means that it is not a conflict for two different LY Lawyers to represent different Clients involved in the same matter.
9. 3. 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.
10. Dispute Resolution.
10. 1. Your concerns ae 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.
10. 2. 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.
10. 3. 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.
11. Limitation of Liability.
11. 1. LY is a service provider for the purposes of the Competition and Consumer Act 2010.
11. 2. To the extent permitted by law LY excludes all conditions, warranties, representations and guarantees not expressed in these Terms.
11. 3. 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.
12. 1. You may terminate this agreement at any time without notice to LY without cause.
12. 2. 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.
12. 3. LY may terminate or suspend your access to the Service if we suspect that you have breached these Terms.
13. 1. These Terms are governed by the laws of Victoria Australia, and the Parties agree to the jurisdiction of the Victorian Courts.
13. 2. 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.
13. 3. 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.