LEGALER TERMS OF SERVICE
Effective Date: March 28th, 2015.
Last Updated: February 15th, 2016.
1.1 By using:
(a) the Legaler.com website and any of its associated services and functionality you acknowledge and agree to be bound by these terms and conditions (“Agreement”).
1.2 Please read this Agreement carefully before using the Website. If you do not agree to any terms and conditions of this Agreement, you must not use the Website.
1.3 This Agreement is formed between you and Legaler Pty Ltd (“We”, “Us” and “Our”).
1.4 Anyone who uses the Website is referred to in this Agreement as “You” and “Your”.
1.5 We reserve the right to make changes to this Agreement from time to time at Our sole discretion. By continuing to use the Website, You agree to be bound by the changes.
1.6 We will endeavour to alert You to any significant changes to this Agreement the next time You log into Your account or the next time You use the mobile application, but We are under no obligation to do so. You should regularly check this Agreement to make sure You are familiar with the most current version.
2. Not a Lawyer Referral Service, No Legal Advice and No Lawyer-Client Relationship
2.1 The Website provides functionality that facilitates collaboration and communication between legal professionals and clients. The Website is not a lawyer referral service.
2.2 The Website is not a lawyer or law firm and does not provide legal advice.
2.3 Your use of the Website or the receipt of any information from Us is not intended to create nor does it create a lawyer-client relationship between You and Us.
2.4 Your use of the Website or the receipt of any information from a lawyer or law firm (“Lawyer”) listed on the Website is not intended to create nor does it create a lawyer-client relationship (also known as a solicitor-client relationship or attorney-client relationship) between You and the Lawyer, unless agreed in writing or other means between You and the Lawyer directly.
2.5 This Website is not intended to be, nor should it be relied on as, a substitute for legal or other professional advice.
3.1 You must be a registered member to access some features of the Website.
3.2 When registering and activating Your account, You must provide Us with personal information, including, but not limited to, Your current and active email address. You must ensure this information is accurate and kept up to date.
3.3 Your account for Your sole use and is not transferable without Our prior written consent.
4. User Representations
4.1 You represent and warrant that:
(a) You are at least eighteen (18) years of age;
(b) You possess the legal right and ability to enter into a legally binding agreement with Us; and
(c) You will use the Website in accordance with this Agreement.
5. Your Use of the Website
5.1 The only authorised access point to the Website is via http://legaler.com and associated mobile applications.
5.2 You agree to use the Website only for purposes that are permitted by:
(a) this Agreement; and
(b) any applicable law or regulation.
5.3 You must not (or attempt to):
(a) access any part of the Website by any means other than through the interface provided by Us;
(b) use any robot, spider, scraper or other automated means to access the Website for any purpose without Our express written permission;
(c) engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website;
(d) interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website;
(e) use, copy, or distribute content except as permitted by this Agreement, by law or with Our prior written consent;
(f) use the Website to upload, transmit or otherwise contribute content that infringes on another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;
(g) use the Website to upload or publish any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains malware, or is otherwise objectionable as reasonably determined by Us;
(h) use the Website for any fraudulent or inappropriate purpose;
(i) use browser plugins or third-party services to block or circumvent advertisements displayed on the Website;
(j) use the Website to send unsolicited or spam messages to any third-party;
(k) use the Website to impersonate another user or person;
(l) use the Website to register multiple accounts in Your own or any other person’s name;
(m) use the Website to use multiple accounts in Your own or any other person’s name; or
(n) use another user’s account.
5.4 You understand and agree that if You engage in any suspected fraudulent, abusive or illegal activity We may, at Our discretion, provide Your details and details of Your conduct to law enforcement authorities without Your knowledge or consent.
5.5 You must keep Your account password secure and are solely responsible for the activity that occurs via Your account. We cannot be held responsible for any unauthorised activity via Your account.
5.6 If You suspect or become aware of any unauthorised use of your account or that Your password is no longer secure, You must notify Us immediately and take immediate steps to re-secure Your account (including by changing Your password).
6. Termination of Services
6.1 We may stop (temporarily or permanently) providing You with access to the Website at Our sole discretion without prior notice or explanation to You.
6.2 We may terminate Your account or restrict Your access to the Website if we deem it necessary or appropriate. If We do this, You may be prevented from accessing all or parts of the Website, logging in to Your account or specific content contained in Your account.
6.3 We will not be liable to You or any third-party in the event of Us taking action under clauses 6.1 and 6.2.
7. Changes to the Website
7.1 We aim to provide a positive experience for You. We reserve the right to change the Website at any time. We do not guarantee that You will be able to access the Website in the same way or with the same technology that You used before the change.
8. Information on this Website
8.1 We do not pre-screen all contributed content or regularly review all contributed content, but we reserve the absolute right (though not the obligation) to remove, without notice, any content published.
8.2 You understand and agree that except where required by law, We are not responsible for inaccuracies or errors caused by incorrect information supplied to Us.
8.3 You agree to make Your own enquiries to verify the accuracy and/or suitability of any information contained on this Website.
9. Disclaimer and Liability
9.1 We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
9.2 We aim to keep the content as accurate, useful and error-free as possible, however, except where We are not permitted to do so by law, We exclude all liability to You or anyone else for loss or damage of any kind or nature relating in any way resulting from Your use of, or reliance upon, information contained on the Website including, but not limited to, loss or damage You might suffer as a result of:
(a) errors, omissions or inaccuracies on the Website;
(b) You acting or not acting, on any information contained on or referred to on the Website and/or any linked Website;
(c) personal injury or property damage of any nature resulting from Your access to or use of the Website;
(d) any unauthorised access to or use of Our secure servers and/or personal data and/or financial information stored on those servers;
(e) any interruption or cessation of transmission to or from the Website;
(f) any malware which may be transmitted to or through our Website by any third-party; and/or
(g) the quality of any product or service of any linked website.
9.3 Where liability cannot be excluded, any liability incurred by Us in relation to the use of this Website is limited by the Competition and Consumer Act 2010 (Cth).
9.4 We will never be liable for any indirect, incidental, special or consequential loss arising out of the use of the Website, including loss of business profits even if You tell us of the extent of potential loss or damage before using the Website.
10.1 You understand and acknowledge that You, as a user of this Website, are responsible, and are personally liable for, any content that You contribute and actions that you perform on this Website. You will at all times indemnify, and keep indemnified, Us, Our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by Us arising from any claim, demand, suit, action or proceeding by any person against Us where such loss or liability arose out of, in connection with or in respect of Your conduct or breach of this Agreement.
11. Intellectual Property
11.1 We reserve all of our intellectual property rights, including but not limited to, copyright in content and/or services provided by Us. Nothing in this Agreement gives You a right to use any of Our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
11.2 You may not:
(a) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website or any content appearing on the Website.
11.3 We respect the intellectual property of others. Trade marks used on the Website that belong to third parties remain the intellectual property of the respective owner. It is Our policy to respond promptly to claims of intellectual property infringement. Intellectual property rights holders alleging an infringement of their intellectual property rights must email email@example.com with particulars of their allegation together with supporting information showing their rights to, or ownership of, the IP being infringed.
11.4 If You contribute content to the Website or communicate or correspond with Us, You automatically grant to Us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, display and distribute the content and/or any part of Your correspondence or communication (the “Material”) and to prepare derivative works of the Material or incorporate the Material into other works in order to publish or promote the Website or its content content. This may include, but is not limited to, publishing testimonials on the Website, promoting the Website through means other than the Website (whether or not those means have been invented or are to be invented in the future) and developing Your ideas and suggestions for improved products or services we provide. Where We use your material, You acknowledge and agree that You are not entitled to be paid a fee, royalty or any other form of consideration by Us for doing so.
12. Transfer and Assignment
12.1 You agree and acknowledge that, if We merge, sell or otherwise change control of Our company or sell, lease, licence or otherwise transfer control of the Website to a third-party:
(a) We may without giving notice or seeking prior consent from You, disclose Your personal information and other data we may have collected from You to the third-party; and
(b) We are entitled to assign the obligations and benefits of any agreements We may have with you to the third-party.
13.1 We will not be liable for any delay in performing any of Our obligations under this Agreement if such delay is caused by circumstances beyond Our reasonable control.
13.2 This Agreement will be governed by and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts and tribunals of New South Wales, Australia and to those courts entitled to review their decisions.
13.3 If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severed from this Agreement and will not affect the validity and enforceability of the remaining provisions.
13.4 If We do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any right or provision under this Agreement will only be effective if it is in writing and signed by Us.
14. Lawyer and Law Firm Reviews and Ratings
14.1 We may moderate a review at any time without prior notice at Our sole discretion (though do not have the obligation to moderate). If We have published rules relating to the posting of reviews or conduct of members, these may form the basis of Our decision, but not exclusively so. We reserve the right to make and amend rules as a guide for Users.
14.2 Reviews submitted by You must reflect your personal experience with the lawyer and/or law firm. The information or comment You provide should be of a kind that a reasonable person would find useful when searching for a lawyer or law firm.
14.3 Your review must be factually accurate and must not defame, exaggerate or misrepresent your experience. Comments must be based on fact and not based on gossip, rumour or without a proper basis. You must be able to support all statements You make. We are not responsible for verifying or investigating reviews.
14.4 Only review the lawyer and/or law firm of which You have direct experience. Your perspective on someone else’s experience is solely Your perspective and without more, the making of comments on another person’s experience is not permitted.
Legaler Subscription Agreement for Lawyers, Law Firms and Other Subscribers
1.1 This Agreement governs Your Paid Subscription and/or Time-Limited Trial Subscription to the Services.
1.2 If You do not agree to the terms and conditions of this Agreement, You must not accept this Agreement and must not use the Services.
1.3 If You are a direct competitor of Ours or provide a similar service to Ours, You must not access the Services, without Our prior written consent.
1.4 If You are accessing the Services for the purposes of monitoring their availability, performance or functionality, or any other benchmarking or competitive purpose, You must not access the Services, without Our prior written consent.
(a) “Account Administrator” means the person named as Your primary contact in relation to Your Account.
(b) “Account User” means a named user with authority to access Your Account.
(c) “Agreement” means this Subscription Agreement together with Our Terms of Service.
(d) “Business day” means a day on which major banks are open to the public in Sydney, New South Wales, Australia. Any reference to time is a reference to the time current in Sydney, New South Wales, Australia.
(d) “Credentials” means a username, password and/or security token associated to log in and access the Services.
(e) “Malware” means viruses, worms, time bombs, Trojan horses, keystroke loggers and other harmful or malicious code, files, scripts, agents or programs.
(f) “Paid Subscription” means a fee-based subscription to the Services.
(g) “Services” means the Website features provided by Us, including, but not limited to online legal booking service and legal directory.
(h) “Time-Limited Trial Subscription” means a time-limited trial subscription to the Services.
(i) “We”, “Us” or “Our” means Legaler Pty Ltd, an Australian proprietary company.
(j) “Website” means http://legaler.com (including any sub-domain), any other domain name or mobile application made publicly available by Us to access the Services.
(k) “You” or “Your” means the lawyer, law firm or other subscriber who enters into this Agreement with Us.
(l) “Your Account” means the Time-Limited Trial Subscription or Paid Subscription registered to You.
(m) “Your Data” means all electronically stored information submitted or uploaded by You, either directly or programmatically authorised by You, to the Website or Services.
(n) “Data Related to Your Data” means all electronically stored information submitted or uploaded by a third-party, to the Website or Services about You or Your Account, including, but not limited to, client reviews.
3. Time-Limited Trial Subscription
3.1 We will make the Website and Services available to You on a time-limited trial basis until the earlier of:
(a) the day after the number of days set out as part of Your Time-Limited Trial Subscription after Your acceptance of this Agreement; or
(b) the start date of any Paid Subscription purchased by You.
3.2 At the end of Your Time-Limited Trial Subscription Your Account will be automatically renewed as a Paid Subscription and subject to pricing in accordance to prior usage of the Website and Services at the time of renewal.
4. Paid Subscription
4.1 We will make the Website and Services available to You in accordance with Your Paid Subscription and this Agreement.
4.2 You acknowledge and agree that the content and functionality of the Website and Services are those in existence at the time of you taking out a subscription, and there is no promise by Us or expectation by You of any future functionality or features.
4.3 You agree to pay all agreed fees, including any and all applicable taxes, relating to your Paid Subscription in advance for the type of subscription purchased (e.g. monthly, annually, etc.).
4.4 You may cancel your subscription by providing not less than 45 days’ written notice to Us.
4.5 Fees already paid will not be refunded, except where We are required to do so by law.
4.6 Your Data may be permanently deleted upon expiry or termination of Your Paid Subscription. You are solely responsible for retrieving any of Your Data held by us before expiry or termination of your subscription. Data Related to Your Data may also be permanently deleted at this time.
5. Use of the Services
5.1 We will maintain appropriate administrative, physical and technical safeguards for the protection of the security, confidentiality and integrity of Your Data.
5.2 We will not disclose Your Data except where compelled by law or expressly permitted in writing by You.
5.3 We will only access Your Data to provide the Services or prevent or address service or technical problems, or at Your request in connection with technical support matters.
5.4 You will be responsible for Your Account Users’ compliance with this Agreement.
5.5 You are solely responsible for the accuracy, quality, integrity and legality of Your Data.
5.6 You must not use the Services for an unlawful purpose. You understand that unauthorised access to, or misuse of the Services, or data contained within it, may result in civil action and/or criminal prosecution.
5.7 You must ensure that Your access to the Services, or access by those You give authority, is made from a computer system that is subject to appropriate security controls. At a minimum, your system should possess active and current safeguards against Malware.
5.8 You must ensure that Your Credentials are stored securely, used only by authorised Account Administrators or nominated Account Users associated with Your Paid Subscription.
5.9 If You become aware of any anticipated, actual or apparent security breach relating to the Website, Services or data contained within it, You must immediately notify Us.
5.10 As between Us and You, You exclusively own all rights, title and interest in and to all of Your Data.
5.11 We have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by You, including Account Users, in relation to the Services.
6. Technical Support
6.1 We will provide You with basic technical support via phone and email for Your Paid Subscription.
6.2 We will use commercially reasonable efforts to acknowledge each received technical support request within 48 hours.
6.3 When lodging a support request, You must provide Us with sufficient detail to understand and replicate any problem You might be experiencing.
6.4 You are responsible for consulting our FAQ and Support pages for any known problems or solutions associated with Your support request before sending a technical support request to Us.
7. Availability of the Services
7.1 We will use commercially reasonable efforts to make Your Paid Subscription available to You, 24 hours a day, seven days (7) a week, except for scheduled downtime which shall not drop below 99% of the time, and downtime beyond Our reasonable and lawful control.
7.2 We will use commercially reasonable efforts to communicate downtime via email to the listed Account Administrator for Your Paid Subscription.
8.1 You understand that Your Paid Subscription will not commence or be renewed if We have not received your payment before the start of the relevant subscription period. Your Data may and can be removed seven days after the due date for payment.
8.2 You understand that Your Paid Subscription will be cancelled automatically if:
(a) We give You written notice of a material breach of this Agreement by You; and
(b) that breach is not resolved within 14 days of Us giving You notice.
9.1 We are not responsible to You or anyone else for any loss suffered in connection with the use of the Services.
9.2 We make no warranties or representations about the Services. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of Your use of the Services.
9.3 Where liability cannot be excluded, any liability incurred by Us in relation to Your use of the Services is limited at our option to the remedies provided in section 64A of the Australian Consumer Law.
9.4 We are not liable for any indirect, incidental, special or consequential loss arising out of Your use of the Services, including loss of business profits irrespective of whether you have informed us of this possibility, or the quantum in advance. Our maximum liability will not exceed the amount paid by You for Our Services.
9.5 You agree to submit the governing law of the State of New South Wales, Australia without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts.
10.1 You must give written notice to Us via email and registered postal mail as follows:
(a) Postal Mail: The Proper Officer, Legaler Pty Ltd, PO Box 3105, Bellevue Hill, New South Wales, Australia 2023
(b) Email: firstname.lastname@example.org
10.2 We will give written notice to You via email and/or postal mail information as supplied by the Account Administrator of Your Account.
10.3 Notices sent to us:
(a) by pre-paid registered post from within Australia will be deemed received by Us five (5) business days after date it was lodged with the postal service.
(b) from outside Australia must be sent by pre-paid priority post and will be deemed received by us fourteen (14) days after the date it was lodged with the postal service.
(c) by email will be deemed delivered when it reaches our internal email system, except when it reaches us after 4:00pm or on a public holiday, in which case it will be deemed delivered at 9:00am on the next working day.
11.1 This Agreement is effective between You and Us as at the date We accept and execute this Agreement.
11.2 We may change the terms of this Agreement at our discretion. Where such change adversely affects your material rights, you may terminate this agreement by giving Us 30 days’ notice in writing, and any unused portion of your subscription may be refunded.
11.3 A version of the current Agreement will be available on the Website, at all times. By continuing to use the Website and Services you acknowledge and accept the terms of this Agreement as amended from time to time. The Agreement is in no way limited or altered by any other terms or conditions on this Website. Where there is an inconsistency between this Agreement, our Terms of Service and any policies or rules, they shall be interpreted and take priority in that sequence.
12.1 You may not assign any of Your rights or obligations under this Agreement whether by operation of law or otherwise, without Our prior written consent (not to be unreasonably withheld).
12.2 We may assign any of Our rights or obligations under this Agreement at our discretion and ensure that any assignee undertakes to comply with the terms of Agreement between You and Us as at the date of assignment.
13. Dispute Resolution
13.1 No Proceedings – A Party must not start court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of this Agreement (“Dispute”) unless it has complied with this Clause.
13.2 Notification of Dispute – A Party claiming that a Dispute has arisen must notify the other Party to the Dispute giving written details of the Dispute.
13.3 Best Efforts to Resolve Dispute – During the ten (10) day period after a notice is given under Clause 13.2 (or longer period unanimously agreed in writing by the Parties to the Dispute) (“Initial Period”) each Party to the Dispute (“Disputant”) and their respective Managing Directors or Managing Partners must meet in good faith and use their best efforts to resolve the Dispute.
13.4 Termination of Dispute Resolution Process – After the Initial Period, a Disputant that has complied with Clause 13.3 may terminate the dispute resolution process by giving written notice to the other Disputant.
13.5 Breach of this Clause – If in relation to a Dispute, a Disputant breaches any provision of this Clause 13, the other Disputant need not comply with Clauses 13.2 to 13.6 in relation to that Dispute.
13.6 Appointment of Experts – Should the Parties opt for a mediation session in an attempt to settle the Dispute, an independent mediator may be appointed. If the Parties cannot agree on a mediator, then either Party may request that a practising barrister or solicitor appointed by the President of The Law Society of New South Wales having at least five (5) years current and continuous standing be appointed to resolve the dispute.
13.7 Variation of Process – The Disputants may agree to vary the dispute resolution procedure as outlined above if they all agree in writing.
Legaler Legal Notice
Legaler Pty Ltd (“Legaler”, “We”, “Our”, “Us”) has made all reasonable efforts to ensure that information on this website is accurate at the time of publication, but We provide no guarantees, warranties or undertakings that the information contained on this website is accurate, complete or up-to-date. Certain content is provided by third parties that may contain errors for which We disclaim all liability to the maximum extent permitted by law.
Copyright in the information and material on this website is vested in Legaler under the Copyright Act 1968 (Cth), the laws of other countries and international treaties. Legaler reserves all intellectual property and other rights in relation to the information and material on this website. This website displays a number of logos, trade marks and other intellectual property. Logos and trade marks are the property of their respective owners and are used by Legaler under licence. Your Access to this website does not constitute a licence to use or copy any logos, trade marks or other intellectual property appearing on this Website. No logo, trade mark or other intellectual property belonging to Legaler, any related entity or third-party may be used as a hyperlink or in any other way without the owner’s express and prior written permission.
Advertising and links to other websites
This website contains links to third-party websites. These linked websites are not under our control and therefore we cannot be held responsible for the content of any linked website or any hyperlink contained in a linked website. We provide links as a convenience only and the inclusion of any link does not imply any endorsement by Legaler of the linked website. Your visit to any linked website is entirely at your own risk.
This website is not guaranteed to be free of viruses or anything else that may interfere with or damage the operations of your computer systems. Your use of this website is at your own risk.