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 Terms Of Use apply to all visitors to the LawCafe website. By visiting lawcafe.com.au you agree to these Terms Of Use If you have questions or concerns, please get in touch with us via email: admin@lawcafe.com.au.
Definitions:
– “Site” means www.lawcafe.com.au;
– “us”, “we” or “our” means LawCafe;
– “you” , “users”, “visitors”, “customer(s)” and “audience” means ” all visitors to the LawCafe website”
– “Contributor” means any person registered on the LawCafe platform that submits content to be published on the LawCafe website.
– “Contributor Material”, “Material” and “Content” means any material included on the LawCafe platform, whether that be an article, video, infographic, audio file, or any other medium.
– “Platform” means the LawCafe website platform;
– “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 (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, you agree to be bound by these Terms of Use, our Privacy Policy and any other terms and conditions, notices and disclaimers displayed elsewhere on the Site relating to your use of the Site, Platform &/or App (“Terms of Use”).
2. We may change any of the terms noted 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. You are responsible for ensuring that you regularly review the Terms of Use and your continued use of the Site after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes. If you object to any changes to the Terms of Use, or otherwise become dissatisfied with your membership of, or association with, the Site, your only remedy is to immediately:
(a) discontinue your use of the Site; and/or
(b) terminate any subscription in accordance with the Terms of Use.
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 Site, or otherwise attempt to damage or interfere with the Site or any underlying system within the Site; and
(b) unless with our agreement, access the Site via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4. We (and/or our licensors) own all proprietary and intellectual property rights in the Sit (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the underlying systems which supports the Site, excluding any articles, videos, infographics, or material of any other medium which is owned by the lawyer, law firm or entity noted as the author on such material (“Contributor Material”).
5. We will use best endeavours to monitor the Contributor Material, and request any materials are updated as the laws change, however you are encouraged at all times to seek proper legal advise with a practising and licenced legal professional, when you have a legal issue and not just rely on the general information (“Material”) provided by us on the Site, which has not been drafted in a way to consider your personal situation. Such information is only general in nature to give you information about that field of law so you have a better understanding when you seek advice on your situation.
6. While we use reasonable endeavours to ensure that the Site, are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the Site may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control, and you hold us harmless where we experience any of these issues, or any delay of access to the Site causes an issue for you or another person.
7. To the extent permitted by law, we and our Contributors have no liability or responsibility to you or any other person for any Loss in connection with:
(a) the Site being unavailable (in whole or in part) or performing slowly;
(b) any error in, or omission from, any information made available through the Site;
(c) advice provided by an Contributor, whether through Content on the Site, or provided to you direct by a Contributor, or an associate of that Contributor, whom you were connected with or made aware of (directly or indirectly) via the Site;
(d) documents you created using the system where you did not seek advice on the suitability of the document;
(e) all Content on the site, is provided by as general information only, and not intended to be personalised legal advice;
(f) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Site. To avoid doubt, you are responsible for ensuring the process by which you access and use the Site protects you from this; and
(g) any site linked from the Site. Any link on the Site to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
8. We make no representation or warranty that the Site is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Site is not illegal or prohibited, and for your own compliance with applicable local laws.
9. To the maximum extent permitted by law:
(a) you access and use the Site and all Content 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, or your access and use of (or inability to access or use) the Site. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
Subscription
10. You must be 18 years of age or older to become a subscriber of the Site, even if you have express parental or guardian consent to join. If you are under 18 years of age, you will require an adult to set up an account in their own name and to help you in finding the advice you need whilst in their care as you are unable to enter into an agreement to the terms as a minor (under 18 years of age).
11. When registering as a subscriber of the Site, 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. You may do this at any time by emailing us at: admin@lawcafe.com.au.
12. As a subscriber of the Site, you are granting us permission to send you marketing and promotional material, including but not limited to email newsletters and updates
13. All personal information you provide to us will be treated in accordance with our Privacy Policy.
14. You understand and accept that the information provided in the Site provides general information only and does not consider your personal circumstances. You must seek legal advice on your particular circumstances by engaging the services of a legal professional, which can include a LawCafe Contributor, if you wish to rely on such information.
15. Should you rely on the general information and suffer loss, you hold us completely harmless for any loss or damage. No legal insurance attaches to any free information in the Site including but not limited to the Advisor Material, any material we provide and any other information you obtain from the Site.
16. Other law firms, lawyers, businesses, individuals and entities with a direct or indirect competitive interest are prohibited from copying and/or using the material on the Site for commercial purposes including but not limited to setting up an online platform, without our consent, and from luring Users, or Contributors within the Site, away using any means including but not limited to contacting Contributors via email or other contact information. Using our precedents for Users or customers within your own business or law firm is an acceptable use however copying the precedent (in whole or in part, even if you amend it slightly) to avoid use of the platform or copying the human guide (in whole or in part) and applying your own branding will be considered an abuse of our intellectual property rights and the IP Licence provided to you to use the material.
Service and Features
17. You may become a User or Subscriber of the Site at no cost, however this will entitle you to have access to the free Material available on the Site only.
18. Should we choose in the future to implement a chargeable service or feature, we reserve the right to implement and change the pricing for any chargeable service or feature on the Site. If you are unhappy with a change of pricing, you are entitled to discontinue your use of the Site in accordance with the Terms of Use. We reserve the right to gate and make Content on the Site chargeable at any time.
19. Further details and any additional terms and conditions relating to any future features and services (including pricing for any future chargeable services) will be made available on the Site. Any such additional terms and conditions form part of the Terms of Use.
20. We reserve the right to change or discontinue any service or feature of the Site in whole or in part any time.
Content
21. We are not responsible for, and accept no liability with respect to, any Contributor Material on the Site, or otherwise transmitted to any member of the Site by any other means, by any person.
22. We reserve the right, but have no obligation, to review Content transmitted or posted on the Site, or (where possible) otherwise transmitted to any member of the Site by any other means.
23. We reserve the right to modify and/or remove any Content that, in our opinion, violates the Terms of Use or otherwise has the potential to harm, endanger or violate the rights of any person, but are not in any way obliged to do so.
24. We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on the Site, or otherwise transmitted to any other member of the Site by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person, including Contributors. We do not accept any liability for any loss, damage, cost or expense resulting from anyone’s reliance on Content posted or transmitted on the Site, or otherwise transmitted to any other member of the Site by any other means.
Use of the Site and prohibited activities
25. You agree not to use the Site (or contact any other Contributor of our Site) to:
(a) defame, abuse, harass, stalk, threaten or otherwise offend others;
(b) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
(c) impersonate or create a profile for any person or entity;
(d) promote, or provide information about, illegal activities or conduct;
(e) promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
(f) exploit any person under the age of 18, or to solicit information from anyone under 18; or
(g) solicit money, passwords or personal information from any person.
26. You also agree not to:
(a) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Site;
(b) “frame” or “mirror” any part of the Site without our prior written authorisation;
(c) use code or other devices containing any reference to the Site to direct other persons to any other web page;
(d) except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or cause any other person to do so.
27. We have no obligation to monitor any visitor use of our Site, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
Safe interaction, complaints and disputes
28. Unfortunately, it is possible that other users or Contributors of the Site may use the Site in violation of the Terms of Use.
29. We urge you to be cautious when interacting with other user of Contributors of the Site.
30. If you are experiencing problems with any other users or Contributors of the Site and would like to make a complaint, please send us an email to admin@lawcafe.com.au.
31. We may record and store any information relating to any complaint made against you.
32. We reserve the right, but have no obligation, to monitor disputes between users or Contributors of the Site.
33. You agree to hold us harmless in connection with any dispute or claim that you make against any other user or Contributor of the Site.
Intellectual property
34. We own and retain all proprietary rights in and relating to the Site. Proprietary rights in and relating to the Site must not be used in any way without our prior written consent.
35. You warrant that any Content on the Site that you post, share, or otherwise transmit to any other platform, will not infringe the intellectual property rights of any third party.
36. 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 such rights.
37. 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, or otherwise transmitted to any member of our Site, other than their own Content, without the express written permission of the relevant owner.
38. If you believe that any Content has been posted or transmitted on the Site, or otherwise transmitted to any member of our Site by any other means, in violation of your rights, please send us an email via email to: admin@lawcafe.com.au.
External activities
39. From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (“External Activities”).
40. External Activities may be subject to separate terms and conditions.
41. You acknowledge that you participate in any External Activities entirely at your own risk.
42. In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.
43. In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.
Third party websites and advertising
44. From time to time, the Site may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Site and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third-party websites you leave the Site entirely at your own risk.
45. From time to time, the Site may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
Limitation of liability and indemnity
46. You acknowledge that you use the Site and all Content at your own risk and hold us harmless for any system or technical issues with the Site, or any damage or loss that occurs as a result of Content on Site.
47. You acknowledge that we are not responsible for, and accept no liability in relation to, users or Contributors use of and conduct in connection with the Site, or any other members’ or third-party suppliers’ use of or conduct in connection with the Site, in any circumstance.
48. To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your use of the Site. In particular, we do not make any representations or warranties that the Site will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the Site.
49. To the extent that our liability cannot be excluded by law, 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 purchased by you during the term of your membership.
50. In 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.
51. You hold us harmless, provide us with an indemnity and assume full liability for any advice you obtain, or fail to obtain, through any Content on the Site, or through any Contributor services you engage from of the Site.
52. In the event that an issue arises, and you make a User complaint, we will contact you about this to make direct contact with the Contributor so that you can resolve the issue directly with them and access their professional indemnity insurance if necessary and appropriate in the circumstances.
General
53. 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.
54. The Terms of Use represent the entire agreement between you and us regarding your use of the Site.
55. 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.
56. 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.
57. You agree that the Terms of Use will be governed by the laws of Queensland you and agree to submit exclusively to that jurisdiction.
