Site User Agreement
This is an important document which sets out the terms and conditions on which Legally Yours Pty Ltd (ABN 13 167 375 448) offers you access to our services.
The terms “Legally Yours”, “us”, “we” or “our” refer to Legally Yours Pty Ltd (ABN 13 167 375 448), and the terms “you”, “your”, “user” or“users” refer to anyone accessing or using the Site, collectively the “Parties” and each a “Party”.
The terms “LY Lawyer” or “LY Lawyers” refers to any solicitor or solicitors who have registered to become part of the Legally Yours network of solicitors.
Acceptance of Site User Agreement
We may amend or modify this Agreement at any time by posting an amended Agreement to the Site.
Nature of our Services
Legally Yours is a legal referral service whereby we introduce you to our LY Lawyers who may provide legal services to you or your business independently of us. We are not a law firm and we do not provide legal advice or services. Legal advice and services are provided by LY Lawyers. If and when you engage a LY Lawyer, please ask that LY Lawyer to provide you with the terms and conditions that are applicable to your relationship with them.
We are not responsible, nor liable, for any information or legal advice provided to you by a LY Lawyer, nor are we responsible for any information provided by a LY Lawyer and posted on our Site. Any use of or reliance on any information, legal or otherwise, received on or through our Site is received solely at your own risk.
We make no representation, guarantee or warranty (express or implied) in relation to the qualifications, experience, or competency of any LY Lawyer.
Lawyer Fees and Payments
Legally Yours offers a referral service in order to provide qualified leads directly to LY Lawyers (the Service). LY Lawyers are able to access and quote on leads for free (a LY Quote). There are no advertising or registration fees to become a LY Lawyer.
Legally Yours provides the Service to LY Lawyers in all States and Territories in Australia other than Western Australia and Tasmania.
In order to provide the Service, we charge a referral fee (the Fee) if and when a LY Quote is accepted by a user. Each LY Lawyer agrees that upon acceptance of the LY Quote the Fee becomes due and payable, and is paid by the user on behalf of the LY Lawyer. Upon acceptance of the LY Quote and payment by the user of the Fee the contact details of the user become available to the LY Lawyer. The lawyer-client relationship can then be formed and legal services provided to the user.
Each LY Lawyer agrees that all LY Quotes must be inclusive of the Fee and that the LY Quote shall not be increased to cover payment of the Fee.
Each LY Lawyer agrees that the Fee is payable payable in respect of all fees invoiced to or paid by a user during a 6 month period from the date on which a user engages a LY Lawyer through the Site (the Period). Any Fee not paid by a user during the Period will be due and payable by the LY Lawyer.
Legally Yours aims to provide affordable fixed-fees for legal services to individuals and businesses in Australia. We operate with honestly and integrity. As such, LY Lawyers are prohibited from under-bidding on matters in an attempt to negotiate fees privately with users or avoid fees associated with the use of our Service. Each LY Lawyer agrees not to under-bid on legal matters in an attempt to negotiate fees privately or avoid the Fee.
User Fees and Payments
We do not charge you a fee to submit your legal matter, review responses from LY Lawyers or review the information posted on the Site.
All LY Quotes are in Australian dollars and are inclusive of our Fee charged to the LY Lawyers. If you choose to accept a LY Quote, or seek further assistance from a LY Lawyer who has contacted you through the Site, you agree to pay the Fee using the payment mechanism provided on this Site. Please note that the Fee forms part of the LY Quote and does not increase the LY Quote. Any balance of the LY Quote is payable to the LY Lawyer whom you engage.
You agree that you will, if requested by us, confirm the amount of legal fees invoiced by the LY Lawyer during the Period.
If you choose to purchase one of our Packages advertised on the Site, you pay an upfront payment to us using the payment mechanism provided on this Site. Part of that payment is paid to us, and the remainder is paid to the LY Lawyer who provides you with the legal advice and/or documents in respect of the package you have purchased.
Regardless of any payments made to us, whether through this Site or otherwise, your lawyer-client relationship is with the LY Lawyer who assists you, not with us.
Any information posted on the Site in relation a LY Lawyer is not an endorsement of the LY Lawyer, nor a representation as to the qualifications, experience or reputation of the LY Lawyer.
We act only as a platform on which you are provided with quotes from LY Lawyers. It is your responsibility to independently verify the qualifications, experience and reputation of any LY Lawyer you engage through the Site.
At the point of registration to be a LY Lawyer, and every day during which such lawyer remains a LY Lawyer, each LY Lawyer warrants:
(a) that he or she is legally qualified and holds an appropriate Australian practising certificate in the jurisdiction in which he or she practises law;
(b) that he or she is complying with any and all conditions relating to the LY Lawyer’s practising certificate;
(c) that he or she is of reputable character; and
(d) that he or she maintains or is covered by professional indemnity insurance.
If any of the above ceases to be true, each LY Lawyer agrees to contact us by email to firstname.lastname@example.org to inform us of the change in circumstances, following which we reserve the right to immediately suspend or cancel such LY Lawyer’s membership to the Site.
Each LY Lawyer agrees:
(a) that any Site content, whether relating to a prospective client or otherwise, will not be redistributed in any way by him or her, including but not limited to the sub-contracting of legal work to a non LY Lawyer;
(b) that all quotes offered to users of the Site by him or her will be ‘fixed-fee’ in nature, or where the matter is complex, fixed in relation to stages of work (acknowledging that hourly billing is not accepted); and
(c) to inform us if any fixed-fee quote is subsequently is amended due to the scope or nature of the work changing after a lawyer-client relationship is formed.
Although we reserve the right to do so, we do not:
(a) select, screen or approve users or LY Lawyers; or
(b) review, remove, edit or monitor the content posted by users or LY Lawyers to the Site,
accordingly we do not offer any warranty or guarantee in relation to users, LY Lawyers or Site content.
Users will be able to register on the Site and post legal matters on which the LY Lawyer will be entitled to bid on.
Each user agrees:
(a) not to post false, misleading or inappropriate content on the Site;
(b) not to post any content which contains any viruses or other computer programming routines which is intended to damage or interfere with the Site;
(c) to provide information that is true, accurate and complete in all respects;
(d) that any content posted on the site by you will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right of another person or entity;
(e) that all information posted on the Site by you is provided to us so that we may provide the Service to you, and that you grant us an irrevocable right and license to use any and all intellectual property owned by you do so;
(f) not to create multiple user accounts on the Site;
(g) that all matters posted on the Site by them are posted with them intention of selecting a LY Lawyer to complete the work; and
(h) not to engage a LY Lawyer through information obtained from the Site with the intention of avoiding the Fee.
Restriction and Cancellation
We reserve the right, at any time and for any reason, to restrict or cancel your access to out Site without notice.
In the event of cancellation, users or LY Lawyers found in violation of this Agreement will not receive any credit or payment from us.
Errors and omissions
Whilst we make every effort to ensure information contained on the Site is accurate, up-to-date and complete, we make no representation or warranty as to the nature or reliability of the Site content.
License to use Site
Unless otherwise stated, we own the intellectual property rights in the Site and material on the Site. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Site for your own personal use, subject to the restrictions set out below and elsewhere in this Agreement.
You must not:
- republish material from this Site (including republication on another Site);
- sell, rent or sub-license material from the Site;
- show any material from the Site in public;
- reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial purpose;
- edit or otherwise modify any material on the Site; or
- redistribute material from this Site except for content specifically and expressly made available for redistribution.
You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Site without our express written consent.
You must not use this Site to transmit or send unsolicited commercial communications.
You must not use this Site for any purposes related to marketing without our express written consent.
Access to certain areas of this Site is restricted. We reserve the right to restrict access to other areas of this Site, or indeed this entire Site, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of this Site or other content or services, you must ensure that the user ID and password are kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
In this Agreement, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Site, for whatever purpose.
You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this Site, or stored on our servers, or hosted or published upon this Site.
Notwithstanding our rights under this Agreement in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this Site.
This Site is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this Site or the information and materials provided on this Site.
Without prejudice to the generality of the foregoing paragraph, We do not warrant that:
- this Site will be constantly available, or available at all; or
- the information on this Site is complete, true, accurate or non-misleading.
Nothing on this Site constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal matter you should consult an appropriate professional.
Limitations of liability
We will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Site:
- to the extent that the Site is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Nothing in this Site disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Site disclaimer will exclude or limit our liability in respect of any:
- or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislationdeath or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation on the part of us; or
- matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability, including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.
By using this Site, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable.
If you do not think they are reasonable, you must not use this Site.
You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Site.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Site disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as us.
If any provision of this Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of this Agreement, or arising out of any claim that you have breached any provision of this Agreement.
Breaches of this Agreement
Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.
We may revise this Agreement from time-to-time. A revised Agreement will apply to the use of this Site from the date of the publication of the revised Agreement on this Site. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under this Agreement without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Agreement.
Goods & Services Tax
To the extent that any supply made in connection with this Agreement is a taxable supply,
the GST exclusive consideration to be paid for that taxable supply is increased by the
amount of any GST payable in respect of that taxable supply.
Your concerns are important to us. We strive to provide you with a professional service and an enjoyable experience on the Site. If however, a dispute arises between the Parties, our goal is to resolve the matter quickly and effectively.
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. The mediator will determine the time and place of the mediation.
The Parties must then attend the mediation and negotiate with each other in good faith.
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.
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 in connection with this Agreement will be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Last update: 17 November 2016