LawCafe is a public self-service online platform which connects customers to contributors and provides education on a variety of topics in a secure environment.
These Contributor Terms and Conditions are the rules by which you need to agree to and comply with in order to be a Contributor on the LawCafe platform. If you have questions, please get in touch with us via email: admin@lawcafe.com.au. Please note you must comply with the latest Terms and Conditions at all times.
Definitions:
– “Site” means www.lawcafe.com.au;
– “us”, “we” or “our” means LawCafe;
– “you” means “Contributors”
– “Contributor” means any person registered on the LawCafe platform that submits content to be published on the LawCafe website.
– “User” and “Users” means all visitors to the LawCafe Site/Platform.
– “Your Material” and “Your Content” means any material you produce for inclusion on the LawCafe platform, whether that be an article, video, infographic, audio file, or any other medium.- “Customer” means a user of the platform;
– “Platform” means the LawCafe website platform, including the access you have once you log on to www.lawcafe.com.au as a Contributor;
– “including” and similar words do not imply any limit or restriction;
– “loss” means loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own-client basis;
– “Personal Information” means any information about an identifiable living person;
It is important that you understand these terms and conditions which relate to your ongoing use of the www.lawcafe.com.au, once you have logged in, and any future platforms we create to enhance your user experience (the “Site, Platform”).
If you have any questions, please contact us via email: admin@lawcafe.com.au.
Agreement
1. By accessing and using the Site/Platform, you agree to be bound by the Contributor Terms and Conditions, our Privacy Policy, and any other terms and conditions, notices and disclaimers displayed elsewhere on the Site/Platform.
2. We may change any of the terms and conditions in clause 1 above at any time without notice to you, or your consent. If we do change any terms, an amended version of the Terms of Use will be posted on the Site/Platform and we will endeavour to email a copy to you however are not obliged to. You are responsible for ensuring that you regularly review the Contributor Terms and Conditions, and other disclaimers, privacy policy etc noted in Clause 1, and your continued use of the Site/Platform after any changes are made to these will be deemed to constitute your acceptance of those changes. If you object to any changes, or otherwise become dissatisfied with your membership of, or association with, the Site/ Platform, your only remedy is to immediately:
(a) discontinue your use of the Site/Platform
(b) terminate your membership.
3. You must:
(a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Site or any underlying system within the Platform, or otherwise attempt to damage or interfere with the Site/ Platform or any underlying system within the Site/Platform; and
(b) unless with our agreement, access the Site/Platform via standard web browsers only and not by any other method, such as scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4. We own all proprietary and intellectual property rights in the Site/Platform (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel) excluding your material, and the underlying systems which support the Site/Platform.
5. While we use reasonable endeavours to ensure that the Site/Platform are available 24 hours a day, we do not make any representations or warranties that your access and ability to use all functions of the Site/Platform will be uninterrupted or error-free. Access to the Site/Platform may be suspended temporarily without notice in the case of system failure, upgrade, maintenance, repair, any potential cyber or security threat or any reason we had not anticipated whether or not within or beyond our control.
6. To the extent permitted by law, we have no liability or responsibility to you or any other person for any Loss in connection with:
(a) the Site/Platform =being unavailable (in whole or in part) or performing slowly;
(b) any error in, or omission from, any information made available through the Site/Platform;
(c) advice provided by a Contributor;
(d) documents you created using the system where you did not seek advice on the suitability of the document;
(e) advice you have provided to a LawCafe user which has caused, or has the potential to cause, an issue for your (or your employer’s) professional indemnity insurance or reputation, or some other injury, loss or exposure to you, an associate of yours or any law firm you were or are now associated to or connected with;
(f) any exposure to viruses or other forms of interference which may damage your electronic device, phone or computer system, or expose you to fraud when you access or use the Site/Platform. To avoid doubt, you are responsible for ensuring the process by which you access and use the Site/Platform protects you from this and that you keep your password and access to your email account linked to the Platform secure at all times; and
(g) any site linked from the Site/Platform . Any link on the Site/Platform to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
7. We make no representation or warranty that the Site/Platform is appropriate or available for use in all states, territories within Australia, or other countries or that the content satisfies the laws of all states, territories within Australia countries. You are responsible for ensuring that your access to and use of the Site/Platform is not illegal or prohibited, and for your own compliance with applicable local laws.
8. To the maximum extent permitted by law:
(a) you access and use the Site/Platform at your own risk; and
(b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Site/Platform, or your access and use of (or inability to access or use) the Site/Platform. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise; and
(c) our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Site/Platform purchased by you during the term of your membership; and
(d) under no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
Contributor Membership and Subscription
9. You must become and remain approved by us to be a Contributor in the Platform.
10. When registering as a Contributor on the Site/Platform, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information, including the status the currency of your practicing certificate or any other license or qualification you are required to hold to provide advice you give in the platform. You may update us at any time via email to: admin@lawcafe.com.au.
11. You agree to ensure that you have provided correct information in your Contributor profile including but not limited to, the type of legal expertise you can provide advice on, the States in which you can provide that type of advice in, your background and experience and any other information you provide or choose to omit will not mislead customers.
12. All personal information you provide to us will be treated in accordance with our Privacy Policy.
13. Other law firms, lawyers, businesses, individuals, and entities with a direct or indirect competitive interest are prohibited from copying or using the material on the Site/Platform for commercial purposes, such as setting up an online platform, without our consent. They are also forbidden from enticing Customers away from the Platform using any method, including the chat function or recorded video call sessions. Using our precedents within your own law firm for your Customers is permitted; however, copying the precedents to avoid using the Platform or copying the human guide and rebranding it as your own will be considered a violation of our intellectual property rights and the IP Licence granted to you for using the material.
Contributor Membership Payment
14. Contributor membership is being provided on a free basis for a limited period of 6 months. After the 6 month period is over, LawCafe reserves the right to charge a fee of AUD50 + GST per month, per contributor. We will notify you when your Contributor membership is due to change to a paid membership.
15. You may cancel subscriptions up to one day before they renew to maximize your subscription time. However, it is solely your responsibility to turn off or cancel the subscription. You will not be entitled to a refund as full access to the subscription will remain available until you cancel it.
Termination and Suspension
16. You may terminate your membership of the Site/Platform for any reason by providing written notice to us. Notice of termination can be provided by:
(a) emailing us at: admin@lawcafe.com.au; or
(b) messaging us via the Contact Us page on the Site.
17. We reserve the right to take any of the following actions regarding your membership:
(a) suspend your accreditation as a Contributor;
(b) permanently or temporarily hide all or part of your Contributor profile;
(c) modify your Contributor profile;
(d) terminate your membership at the end of your current billing cycle for any reason by providing prior notice to you;
(e) terminate your membership immediately without notice if you have breached the Terms and Conditions;
(g) permanently or temporarily block your access to all r part of the Site/Platform.
Content
18. Any images, or text (Content) that you upload to the Site/Platform must be complete, legally correct, and accurate.
19. You agree not to post or transmit on the Site/Platform, or to any other user or member of the Site/Platform, Content that:
(a) is unlawful, obscene, defamatory, indecent, offensive, or inappropriate;
(b) is false or misleading;
(c) infringes the rights of any third party;
(d) you do not have the right to make available under any law or contractual obligation;
(e) is sexually explicit or contains sexual references/innuendo;
(f) pertains to group sexual activity or soliciting contact for extra-marital encounters;
(g) contains restricted or password-only access pages, or hidden content; or
(h) contains viruses or other harmful computer codes.
32. You must not transmit or post on the Site/Platform, or to any other member of the Site/Platform, any images that contain:
(a) images of any person other than yourself without their consent;
(b) material, cartoons, pictures, or text that is offensive or potentially offensive, discriminatory, defamatory, or likely to cause social concern; or
(c) images you do not have the right/licence to use; by uploading images, you are consenting that you have the right to use that image and are not breaching any Intellectual Property rights.
(c) nudity.
20. You are solely responsible and legally liable for Content you transmit or post on the Site/Platform, or to any member of the Site/Platform.
21. We are not responsible for, and accept no liability with respect to, any Content transmitted or posted on the Site/Platform, or to any user or member of the Site/Platform, by any person.
22. We reserve the right, but are not obligated, to review Content transmitted or posted on the Site/Platform, or to any member of the Site/Platform.
23. We reserve the right to modify and/or remove any Content that, in our opinion, violates the Advisor Terms of Use or has the potential to harm, endanger, or violate the rights of any person.
24. You warrant the accuracy, reliability, and completeness of any Content posted or transmitted on the Site/Platform, or to any member of the Site/Platform.
25. We do not endorse any opinion, advice, or statement made by any person other than us. We do not accept liability for any loss, damage, cost, or expense resulting from reliance on Content posted or transmitted on the Site/Platform, or to any member of the Site/Platform.
Intellectual Property
26. We own and retain all proprietary rights in and related to the Site/Platform, excluding Your Material. Proprietary rights related to the Site/Platform must not be used without our prior written consent.
27. You warrant that any Content you post or transmit on the Site/Platform, or to any member of the Site/Platform, will not infringe the intellectual property rights of any third party.
28. Subject to our obligations under the Privacy Policy, you grant us the right to use, reproduce, publish, store, modify, or transmit, in any form or by any means, in whole or part, your Content for any purpose. You warrant that you have the right to grant us these rights.
29. No person may use, reproduce, publish, store, modify, or transmit, in any form or by any means, in whole or part, any Content posted or transmitted on our Site/Platform, or to any member of our Site/Platform, other than their own Content, without the express written permission of the relevant owner.
30. If you believe that any Content has been posted or transmitted on the Site/Platform, or to any member of our Site/Platform, in violation of your rights, please contact us via the Contact Us page.
Liability & Indemnity
31. You hold us harmless, provide us with an indemnity, and assume full liability for any advice you give, or fail to give where a competent lawyer would have given that advice, in any Content on the Site/Platform that is accessed by a user.
32. You hold us harmless for any system or technical issues with the Site/Platform.
33. If an issue arises and we receive a user complaint, we will contact you to address the issue directly with the user.
34. You are prohibited from sharing your password with any other person or entity and are liable for any loss or damage this causes to a customer, us, an associate of ours, or any third party as a result of another person accessing your profile.
General
35. No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Site/Platform.
36. The Terms of Use represent the entire agreement between you and us regarding your use of the Site/Platform.
37. If any provision of the Terms of Use is held to be invalid, the remainder of the Terms of Use shall continue in full force and effect.
38. Any delay in exercising a right that we have under this Agreement does not constitute a waiver of that right or any related right.
39. You agree that the Terms and Conditions will be governed by the laws of Queensland and submit exclusively to that jurisdiction.
