1. Introduction
1.1 Welcome to www.lawyerlookup.com.au, the content of which is amended from time to time (Website). This Website is owned, maintained, and operated by 671 749 018 Pty Ltd (ACN 671 749 018) (we, us, or our).
1.2 By accessing, using, or browsing on this Website, you expressly accept and agree to be bound by these terms and conditions, our Privacy Policy, and any other terms, conditions, notices, or disclaimers displayed on our Website (Terms). The Terms will govern the use of this Website. You should review our Terms carefully and immediately cease using our Website if you do not agree to the Terms.
1.3 We reserve the right to review and amend our Terms at any time. Your continued use of the Website after we make any amendments to the Terms posted on the Website will constitute your acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Website immediately.
1.4 Where the provisions of any consumer protection law or other mandatory legislation that cannot be legally excluded apply, the Terms will be read subject to the application of that law, and in the case of any conflict, the provisions of that law will apply.
1.5 Unless otherwise indicated, all rights, title, and interest (including copyright, designs, patents, trademarks, and other intellectual property rights) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements, and interactive features) made available on this Website or otherwise made available by us to you (Content) are owned or controlled (including any license from third parties) for these purposes, and are reserved, by us or our contributors.
2. Services
2.1 This Website is a platform that provides services to you including, but not necessarily limited to, providing access to a legal directory of solicitors, barristers, and law practices in Australia (Legal Professionals) and/or any other Content, function, feature, or service made available by us from time to time on the Website or otherwise to you (Services).
2.2 Legal Professionals are independent entities or individuals and are not related bodies corporate, affiliates, officers, employees, agents, corporate partners, or licensors of us. By connecting people and businesses seeking legal services with Legal Professionals, we operate only as an online marketplace that connects customers with Legal Professionals who require legal services.
2.3 We are not a Legal Professional and we are not engaging in legal practice or providing any legal services. Nothing provided by us is legal advice and you cannot rely on it. Any use of our Services is not intended to, and does not, create a lawyer-client relationship and is not bound by legal professional privilege.
3. Responsible Use
3.1 You agree to comply with all applicable laws in relation to your use of this Website or any transaction or arrangement entered into using this Website or the Services. You will not impede the use of the Website by any person.
3.2 You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way or for any purpose which is unlawful, illegal, fraudulent, or harmful or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
3.3 You must not use this Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer viruses, or any malicious computer software.
3.4 Without limiting any of our other rights, we reserve the right to restrict, suspend, or terminate without notice your access to this Website, the Services, any Content, or any feature of this Website at any time without notice and/or take any other action against you and we will not be responsible for any claim, cost, damages, debt, expense, tax, liability, loss, allegation, suit, action, demand, cause of action, proceeding, or judgment of any kind (Claim) that may arise as a result.
4. Accuracy, Completeness, Timeliness, and Currency of Information
4.1 The information on the Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy, completeness, timeliness, and currency of the information on our Website, to the extent permitted by law, we make no warranty and accept no responsibility regarding the information, the Services, and the Content on the Website (including without limitation the pricing). Some information on the Website may be inaccurate, incomplete, or not current, including that not all Legal Professionals may be on the Website, some Legal Professionals listed on the Website may not be practicing or operational (as relevant), the search functionality on the Website may not always be accurate, and the pricing may not be current. The pricing on the Website is an estimate only and is subject to change from time to time. You should monitor any changes to the information contained on the Website.
4.2 No information provided on the Website purports to be financial, legal, investment, or other advice of any kind. You should not rely on information provided by the Website in making or recommending any decision and should use other sources to confirm the quality, relevance, timeliness, and accuracy of the information on the Website. You should undertake and rely on your own enquiries, inspections, and searches and should obtain independent financial, legal, investment, and other advice (as relevant).
4.3 Information provided by Legal Professionals may not necessarily be accurate, reflect our views, or indicate a commitment to a particular course of action. No statement on the Website or a linked website is an endorsement, referral, or recommendation of any particular Legal Professional, product, and/or service. The Website may refer to a person or an organization and this does not form any endorsement, referral, or recommendation by us of the products or services provided by that person or organization.
5. No Representations and Warranties
5.1 To the maximum extent permitted by law, we make no representation or warranty relating to the Website, the Services, or the Content on the Website, other than those expressly stated in the Terms and we exclude and disclaim all other express, implied, and statutory warranties and conditions except those that cannot be excluded by law.
5.2 Our related bodies corporate, affiliates, officers, employees, agents, corporate partners, or licensors make no express or implied representation or warranty about the Website, the Services, or the Content on the Website.
5.3 We do not warrant or represent that the information contained on this Website is free from errors or omissions or is suitable for your intended use or that the Website and its server are free from computer viruses or other harmful mechanisms.
5.4 We make reasonable efforts to ensure that our Website is available for you when required and we will use commercially reasonable endeavors (taking into account our internal standards, written or otherwise) to maintain the performance of this Website where this is within our direct control. However, we do not warrant or represent that our Website and/or the Services will be continuously available or uninterrupted.
5.5 Subject to any negligence or breach of law by us or circumstances within our reasonable control, we will not be liable or responsible for any Claim you experience as a result of any of the following in connection with the Website, the Services, or the Content:
(a) any error, omission, or suitability;
(b) any unavailability and/or failure of performance of the Website;
(c) deletion, defect, failure to correct defects, delay in operation or transmission, loss of data, communication line failure, interruption, computer virus, or other harmful component, unlawful third party conduct, theft, destruction, alteration, or unauthorized access to records;
(d) the accuracy, completeness, timeliness, or currency of any information on the Website, the Service, or any of the Content;
(e) any costs incurred as a result of you using the Website or the Services;
(f) the Content (including any linked Websites); or
(g) any defamatory, threatening, offensive, or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
6. Limitation of Liability
6.1 Without excluding, restricting, or modifying the rights and remedies to which you may be entitled under the Competition and Consumer Act 2010 (Cth) and any other applicable consumer protection laws (collectively, Australian Consumer Laws), or our liabilities under those laws:
(a) you acknowledge and agree that we will not be liable to you or any other person for any loss unless such loss is caused by our fraud, breach of the Terms, breach of law, negligence, or wilful misconduct;
(b) you acknowledge and agree that in no circumstances will we be liable to you or any other person for any indirect or consequential loss (including loss of profits, failure to realize expected profits or savings, loss of opportunity, loss or corruption of data, loss of goodwill, or loss of contract), which may be suffered or incurred or which may arise from or in connection with the Terms or transactions under them.
6.2 We acknowledge and agree that:
(a) you will not be liable to us or any other person for any loss unless such loss is caused by your fraud, breach of the Terms, breach of law, negligence, or wilful misconduct; and
(b) in no circumstances will you be liable to us or any other person for any indirect or consequential loss (including loss of profits, failure to realize expected profits or savings, loss of opportunity, loss or corruption of data, loss of goodwill, or loss of contract), which may be suffered or incurred, or which may arise from or in connection with the Terms or transactions under them.
6.3 Without excluding, restricting, or modifying the rights and remedies to which you may be entitled under Australian Consumer Laws, or our liabilities under those laws, and without limiting any of the other provisions under the subheading “Limitation of Liability,” you acknowledge and agree that our aggregate liability to you for any Claim against us under or in connection with the supply of Services under the Terms (other than to the extent such Claims arise from our fraud or wilful misconduct) will be limited to the greater of the following amounts:
(a) $5,000; or
(b) the amount we recover in connection with your Claim under any insurance policy held by us which provides coverage in respect of your Claim.
6.4 Our related bodies corporate, affiliates, officers, employees, agents, corporate partners, or licensors in no circumstances will be liable to you or any other person for any indirect or consequential loss (including loss of profits, failure to realize expected profits or savings, loss of opportunity, loss or corruption of data, loss of goodwill, or loss of contract), which may be suffered or incurred, or which may arise from or in connection with the Terms or transactions under them.
6.5 We will not be liable in any manner for the Content or other content posted on the Website or in connection with the Services, whether posted by us or any other third parties.
6.6 We are not liable for any error, action, or omission of any Legal Professional performing services to you. Any Claim you have arising out of the legal advice or services obtained from a Legal Professional is to be brought against the Legal Professional not us and you release and indemnify us from all Claims arising from any and all disputes between you and a Legal Professional.
6.7 We use reasonable efforts to verify that the Legal Professionals have valid practicing certificates in their relevant jurisdiction(s). However, we do not make any warranty, guarantee, or representation as to the legal ability, competence, quality, or qualifications of any Legal Professional. We encourage you to make all necessary enquiries as to whether the Legal Professional meets your requirements and objectives.
7. Intellectual Property
7.1 The Content, Website, and Services are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties.
7.2 We retain all rights, title, and interest (including copyrights, patents, and trademarks) in and to the Website, the Services, the Content, and all related content therein. Your use of and access to this Website, the Services, and the Content does not grant or transfer any rights, title, or interest to you in relation to this Website, the Services, or any Content.
7.3 All other use, copying, or reproduction of this Website, the Services, the Content, or any part of it is prohibited, except to the extent permitted by law or the specific written permission by us.
8. Privacy Policy
Our Privacy Policy is available on the Website at [insert hyperlink] and details how we collect, use, manage, and disclose personal information.
9. Security
9.1 We cannot guarantee the Website and/or its links are virus free. It is your own responsibility to ensure you scan for any viruses and/or faults before allowing such viruses/faults into your system.
9.2 We take all reasonable steps to ensure the security of our systems. Any information which we hold for you is stored on secure servers. In addition, our employees and the contractors who provide services relating to its information systems (as applicable) are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for any loss that may arise from unauthorized access to your personal information subject to our negligence, breach of the Terms, or breach of law.
9.3 We exercise all due care to ensure that your information is secure on its system. However, the possibility exists that the information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud-based servers. We accept no liability (subject to any negligence or breach of law on behalf of us) that may arise if any other persons obtain the information you submit to the Website.
10. Linked Websites
10.1 We may provide links to other websites maintained and operated by third parties. These linked websites are not under the control of us. We provide these links to you as a convenience only, and the inclusion of any link does not imply any endorsement, referral, or recommendation of the linked website by us, our related bodies corporate, affiliates, corporate partners, or licensors. You access such websites entirely at your own risk and we make no guarantee about the content or quality of the products or services provided by such third-party websites.
10.2 We are not liable for any privacy practices, products, services, content, or information such third-party websites contain. We accept no responsibility for any liability that may arise from your use of a third-party website.
10.3 Certain services made available on the Website may be delivered by third parties. By using the Services and the Website, you are allowing us to share information that is necessary to facilitate the provision of our Services to you with any third party that we have a pertinent contractual relationship.
11. Breach of Terms
If you breach the Terms, we may take any action that we deem to be appropriate to deal with the breach, without notice or explanation to you. Such action may include, but is not limited to one or more of the following:
11.1 restricting your access to the Website;
11.2 contacting your internet service provider to request they block your access to the Website; and
11.3 commencing legal proceedings against you.
12. General
12.1 The Terms are subject to, do not purport to exclude, restrict, or modify and do not have the effect of excluding, restricting, or modifying, any laws which cannot be excluded, restricted, or modified, and the Terms will be read and applied accordingly.
12.2 If any provision of the Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions.
12.3 To the extent that any Terms are inconsistent with any other terms displayed on individual pages of our Website (other terms), the other terms will govern to the extent of the inconsistency only.
12.4 Any personal information collected by us through this Website will be handled in accordance with our Privacy Policy.
12.5 If any provision of the Terms is invalid or unenforceable in a jurisdiction, the provision should be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability. It will not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions.
12.6 The Terms are governed by the law of South Australia. You and we irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia and waive, without limitation, any claim or objection to the jurisdiction of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.