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

The website www.legallyyours.com.au (the Site) is offered to you conditionally on your acceptance of of our Terms and Conditions (Terms and Conditions) this site user agreement (the Agreement) and the Privacy Policy which together, constitute the entire agreement between you and us in relation to your use of this Site, and supersede all previous agreements in respect of your use of this Site (“Terms of Use”).
You must review and consider carefully when choosing whether to use the Site.  By accessing the Site, and where applicable, receiving or registering to use any of the services offered on the Site, you become a user of the Site and agree to, and are bound by, our Terms of Use.

Eligibility
If you do not agree to our Terms of Use you are not 18 years or older, or you are unable to form legally binding contracts, please immediately cease to use this Site. You must use your real name when using this Service. If you are using the Site or services on behalf of a business entity (be it a sole proprietorship, partnership, company etc) you represent and warrant that you have authority to bind that business to this Agreement and our Terms and Conditions, and your agreement will be treated as the agreement of that business entity.

Restriction and Cancellation

We reserve the right, at any time and for any reason, to restrict or cancel your access to the Site without notice.

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. Our services are provided through the use of a platform owned by Interstellar Group Pte, which is a company incorporated in Singapore. We are authorized by Interstellar Group Pte to provide this license to you. 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.

Acceptable use

  1. You will not use the services other than in accordance with our Terms of Use;
  2. You will not copy the content or use the services for any other purpose save for the specific purpose of searching for and/or connecting with suitable lawyer(s) to furnish professional legal advice.
  3. You will not copy or use the content in connection with a service deemed competitive by us.
  4. You will not copy, modify or create derivative works of our content and/or services.
  5. You will not send spam or other unwelcomed communications to others, or act in an unlawful, defamatory, libellous, abusive, discriminatory or otherwise objectionable manner as determined by us, through the use of our services.
  6. You will not disclose information that you do not have the right to disclose (for example, your employers’ Confidential Information).
  7. You will not use any device, software, or routine that interferes with any application, function, or use of the services, or is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication.
  8. You will not sell, sublicense, time-share, or otherwise share the Site or the services with any third party.
  9. You will not frame or mirror the Site or the Services.
  10. You will not decompile, disassemble or reverse-engineer the underlying software or application that is part of the Site, the services or otherwise attempt to derive its source code.
  11. You will not use the services either directly or indirectly to support any activity that is illegal and/or amoral including but not limited to violating our Intellectual Property Rights or that of others.
  12. You will not access the Site or the services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
  13. You will not override any security feature of the Site; and
  14. You will not authorize any third parties to do any of the above.


Restricted access

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.

User content

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.

When you provide, submit or transmit information for the purpose of our services (including messages and sharing of information with third parties), you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, host, store, cache, reproduce, publish, display, distribute, transmit, modify, adapt, and create derivative works of your content, without further consent, notice and/or compensation to you or others, subject to the relevant laws. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You may terminate the non-exclusive licence for your content by deleting it from the Site, or do so generally by closing your account and by terminating this Agreement, except (a) to the extent that your content has already been shared with others as part of the service and they copied or stored it and (b) for a reasonable period of time we require to remove the information from backup and other systems.

You must ensure that all content provided is timely, true, complete, current and accurate and complies with the relevant laws and/or regulations of the relevant jurisdictions. The content you provide when you request for quotations must have sufficient information to enable the lawyer to respond accurately. You will not provide, submit or transmit any content through our Services that is false, intentionally misleading, defamatory, offensive, violates third party rights or contains Content that is unlawful or violates any law. You also warrant that (i) you are the sole legal and beneficial owner of and own all rights and interests in your Content and (ii) no third party has any rights, title and interests, including all intellectual property rights in your Content.

You undertake to keep us and our affiliates, officers, agents, partners, and employees 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 your content you provide or submit to or transmit through the Site, or your violation of any rights of another as a result of the provision, submission of transmission of your content through the Site.

You are solely responsible for and assume all risks for any content posted or supplied through the Site and you agree that we have no control over the content and its veracity. Save for personal information required from you for purposes of the registration of your account and for the request of quotations, you must ensure that all content provided by you does not contain any information that personally identifies third parties without their consent and complies with the relevant data privacy laws of the relevant Territories including but not limited to the Privacy Act 1988 (Cth),

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.

Confidential Information received by you

You acknowledge that as a result of using the services provided through the Site, you may from time to time, gain access to confidential information, including but not limited to the prices for paid services, quotes from lawyers etc.

You agree to hold any and all confidential information you obtain as a result of using the services in confidence and, unless required by law, not to make the confidential information available to any third party or to use or exploit the confidential information for any purpose other than in accordance with the Terms of Use.

You warrant that you will protect confidential information from unauthorised use, access, or disclosure by third parties and apply the same security measures and degree of care to the confidential information as you would use to protect your own confidential and proprietary information of a similar nature. If you are a business entity, you warrant that you will take all reasonable steps to ensure that confidential information is not disclosed or distributed by your employees or agents in violation of our Terms of Use.

Your obligations in this clause shall remain in effect and shall survive termination of our Terms of Use, except to the extent that (a) such confidential information becomes generally available to the public other than as a result of unauthorised disclosure by you, (b) such confidential information has been released by us or such other relevant disclosing party to another person or entity without restriction or (c) such confidential information is required to be released by law, pursuant to an order of court, provided that you notify us in writing as soon as reasonably possible.

No warranties

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. You acknowledge that this Site may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

Limitations of liability

Nothing in this Agreement excludes or limits our liability for any liability that cannot be excluded or limited by law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to:

  • the Site or any content on it, whether express or implied;
  • the quality, reliability, timeliness or accuracy of services provided by or through third party service providers; and
  • any aspect of legal services and/or advice of any lawyer whose profile was accessed by you through the Site, including the quality of such legal services and/or advice.

To the extent permitted by law, we shall not be liable for (a) any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever; (b) loss of profits, sales, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Site, our website and/or mobile application ; (d) damages arising out of your relationship with any lawyer found through the Site and/or the legal services or advice obtained from said lawyer, including but not limited to any and all malpractice claims; (e) damages relating to your access to, use of, or inability to access or use services provided by or via any third party service provider, including but not limited to any misappropriation and/or misuse of your content and/or other information by any third party service provider; and/or (f) damages in any manner relating to any Content.

To the extent permitted by law, our total liability for any claim under these our Terms of Use, including for any implied warranties, is limited to the greater of AUD$200 or the amount you paid to use the applicable Services.

Reasonableness

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.

Other parties

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.

Unenforceable provisions

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.

Indemnity

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 our Terms of Use , or arising out of any claim that you have breached any provision of our Terms of Use .

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.

Variation

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.

Assignment

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.

Dispute Resolution

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.

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.

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: February 2018