Our Terms with You:
These Terms of Service (“Terms”) dated 9 November 2022 are between LawConnect Pty Ltd of Level 38, Two International Towers, 200 Barangaroo Ave, Barangaroo NSW 2000 Australia] (“We”, “Our” and “Us”) and any lawyer or law firm user who uses the Service that is not a: (a) General User; or (b) LEAP User (“Professional User”, “You” and Your”), and sets out how You may interact with the Services. If You are using the Services on behalf of a legal entity then “You” shall be taken to mean that legal entity. For the avoidance of doubt, if you are a LEAP customer, please refer to the LawConnect LEAP User Terms of Service.
Understanding these Terms is important because by using the Services You are agreeing to the version of these Terms posted on Our Website and any service-specific terms that may apply at the time You access the Services.
Part 1 – Definitions
Affiliates means a corporation that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control by or with Us.
Australian Consumer Law means the Schedule II to the Competition and Consumer Act 2010 (Cth).
Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales.
Cookie Policy means the LawConnect cookie policy available at https://www.leaplegalsoftware.com/cookies.
Force Majeure Event means a failure or delay caused by any circumstance beyond Our reasonable control, including acts of God, floods, fire, earthquake, explosion, epidemic, pandemic, war, terrorism, invasion, riot or other civil unrest, embargo, blockade, national emergency, strike, labour stoppage or slowdown, industrial disturbance or any action taken by a government or other public authority, including the imposition of any sanction, embargo or import or export restriction.
General User means a user that is not a Professional User or a LEAP User.
Intellectual Property Rights or IP means all data, software, inventions, ideas, patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer programs, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
LawConnect Acceptable Use Community Standard means the standard with that name as made available here.
LawConnect Content means any data, record or information, including but not limited to any, marketing content, names, logos, corporate imagery, these Terms, any policies or other materials We upload, submit, store, send, share or otherwise make available within any part of the Services.
LawConnect LEAP User Terms of Service means the applicable terms of service available here.
LEAP means LEAP Legal Software Pty Ltd (ABN 68 085 029 885) of Level 38, Two International Towers, 200 Barangaroo Ave, Barangaroo NSW 2000 Australia and its associated entities.
LEAP Customer Agreement means Your LEAP Supply and Support Terms and Conditions, as may be amended from time to time.
LEAP User means person or entity that has a current LEAP Customer Agreement in place.
Paid Subscription means a subscription that is not a Limited Trial.
Paid Subscription Requirements means the additional terms and conditions communicated to You via the self-service sign-up portal on our Website or by other means We nominate from time to time setting out commercial terms for a Paid Subscription including but not limited to, number of User Accounts and associated fees and charges.
Personal Information has the meaning given to it in the Privacy Policy.
Privacy Policy means the LawConnect Privacy Policy made available https://www.leaplegalsoftware.com/privacy.
Related Bodies Corporate has the meaning given to it in the Corporations Act 2001 (Cth).
Relevant Laws means all applicable laws, codes, rules, orders and/or regulations applicable to the use of the Services and these Terms.
Services as defined in Part 2 of this Agreement “Our Services”.
Support means technical and non-technical support We offer in relation to Our Services.
Terms means these LawConnect Professional User Terms of Service.
Third-Party Content means any content provided to You by a third party.
User Account means a user account to access and use the Services.
User Content means user-generated data, commentary, testimonials, feedback, links to third-party websites and any other information, documents, data or records You or another General User or Professional User uploads, submits, stores, sends, shares or otherwise makes available within any part of the Services.
Website means https://www.lawconnect.com.
Part 2 – Our Services
The services subject to these Terms, include:
- this Website;
- legal professional directory;
- appointment booking and payments platform,
- document sharing service;
- and any future services We may make available to you, as determined in Our sole discretion.
(together, the “Services”).
Part 3 – General Disclaimers
By accessing and using the Services, You warrant and represent that: (I)You are not a competitor of Ours or of Our Affiliates; (II) You will not use the Services (or any part thereof) for any competitive or benchmarking purpose; (III) Your use of the Services will be entirely for the purpose of interacting with General Users to enable those General Users to procure legal services from You; (IV) Neither You, nor any person who you cause to use the Services as a Professional User, has been banned or suspended from practice as a legal professional by any licensor or regulatory authority; and (V) You have not otherwise been banned from using Our Services by Us or Our Affiliates.
You further acknowledge and accept that any legal services offered by You using the Services will be pursuant to Your own terms and conditions and that neither We, nor any of Our Affiliates, are a party to any such terms.
Our Services provide General Users with the ability to leave reviews about You and Your work product. We do not pay-for, manufacture or endorse any User Content. We may, but are not obliged to, publish, check or verify this User Content. We accept no liability for any damage that may arise to You (reputationally or otherwise), from any User Content. Your sole remedy, and our entire liability, is to remove User Content that is not aligned with the LawConnect Acceptable Use Community Standard.
Nothing in these Terms constitutes any representation or warranty in respect of the operation of the Services, including any representation that the Services will be uninterrupted or ‘error-free’. The Services, including any LawConnect Content, are provided ‘as-is’. To the fullest extent permitted under applicable law, We, together with any of Our Affiliates, disclaim any implied or statutory warranty, including any implied warranties for accuracy of data, merchantability or fitness for a particular purpose. We, together with any of Our Affiliates take no responsibility for network or service outages or latency caused by third parties or Your systems, equipment, internet browser, data plan or internet service provider.
Your use of the Services is also subject to Our Cookie Policy and Privacy Policy, which covers how We collect, use, share and store Personal Information. We will be the controller and You will be processor of any Personal Information We collect directly from You when using the Services (for example Personal Information regarding Your employees). You will be the controller and We will be processor of any Personal Information of a third-party (for example: General User content) provided to Us in connection with Your use of the Services. You may, at any time, request that We amend or delete Personal Information You or any person You cause to use the Services provides, or that is otherwise collected or processed when using the Services by emailing Us at support@lawconnect.com.
We may modify these Terms, the LawConnect Acceptable Use Community Standard, Our Cookie Policy or Our Privacy Policy from time to time. If We make material changes to any of these terms, We will notify You on Our Website or by other means so that You may review those terms before they become effective. You may cease using Our Services by notifying us at support@lawconnect.com where You object to any changes.
Where You have pre-paid for an annual subscription and You choose to terminate for reason of a change to our terms, You may submit a request for consideration of a refund of any pre-paid amount by emailing us at the above address. Your continued use of the Services after the date any updated terms come into effect will constitute Your acceptance of those updated terms.
Part 3 – Trial Subscriptions
We may, subject to these Terms, make Services (or any part thereof, as specified) and Support, available to You on a limited basis (a, “Limited Trial”) until the earliest of: (a) the date We specify in any communication we provide to You regarding a Limited Trial; (b) the commencement date of any Paid Subscription; or (c) termination of the Limited Trial by either Party at any time and for any reason.
We will retain any review left by a General User about You after the conclusion of a Limited Trial. You may apply to have this removed. We are not obliged to remove this User Content, however, we may do so entirely at our discretion.
Part 4 – Paid Subscriptions
(a) Fees, Tax & Penalties
We shall provide You access to Services through a Paid Subscription in accordance with these Terms. A Paid Subscription is paid by You on either a monthly or annual basis or such other period we nominate in advance of Your use of the Services. Where You elect for a monthly subscription, You must subscribe for a minimum period of three (3) months or such other period we nominate (the “Minimum Monthly Subscription”) after which You will be charged in accordance with these Terms.
You will pay the fees for the Services in accordance with the Paid Subscription Requirements. Unless otherwise specified in these Terms or as required by Relevant Law, Your purchase of a Paid Subscription is non-refundable. You will be liable to pay Us for any relevant government tax, duty or levy (such as General Sales Tax (GST) as provided for in A New Tax System (Goods and Services Tax) Act 1999 (Cth)) where those taxation charges apply, as specified by the Paid Subscription Requirements. You further agree to notify Us as soon as reasonably practicable if any of Your payment details change.
You must, after agreeing to the Paid Subscription Requirements, immediately pay Us by credit or debit card via the self-service sign-up portal the required amount to commence the Paid Subscription (the “Initial Subscription Payment”). If any amounts become due and payable after the Initial Subscription Payment and that amount owing is not received by Us by the date such amounts fall due, then at Our sole discretion (and without limiting Our rights and remedies under these Terms) We may suspend Your Paid Subscription and charge interest on the overdue amount at the rate of ten percent (10%) per annum calculated daily from the date such amounts were due.
(b) Paid Subscription Order Auto-Renewal
A Paid Subscription will automatically renew from the day after Your annual subscription or Minimum Monthly Subscription ends unless You provide Us with forty-five (45) days’ written notice of Your intention to terminate.
In the case of a monthly subscription, following the Minimum Monthly Subscription the subscription will auto-renew for a period of one calendar month at a time. Your subscription will continue to be charged monthly in accordance with Part 4(a) until such time as you terminate or otherwise in accordance with these Terms.
Part 5 – User Licences & Audits
Our Services are offered to You on a per user basis. You may only operate a single User Account unless You are a legal entity, in which case You may operate several User Accounts as per Paid Subscription Requirements. With regards to the latter, You may not cause or permit more than one individual to use or access a User Account. Where You are licenced to operate multiple User Accounts, You may at any time and by written request, apply to Us to transition a User Account to a new individual (for example: by reason of staff turnover). We may, in our sole discretion, refuse any such request.
In order to verify Your compliance with this Part 5, We may, at Our sole discretion and upon providing you with three (3) Business Days’ prior written notice, audit Your use of the Services. You will provide all reasonable assistance to Us in connection with any such audit. If the results of an audit reveal underpayment (for example: more than one person is using a User Account), We may, at Our sole discretion, charge You for the additional number of Users revealed by the audit at the then current User fee plus a ten percent (10%) penalty fee or terminate Your usage of Our Services.
Part 6 – Document Sharing Services
Our document sharing service provides You and any General User whom You cause to use or access the Service with the ability to share, store and review documents, data and records pertinent to a legal engagement between You and such General User. It is Your responsibility to ensure only those required to have access to this Service have such access. You therefore agree that You are solely responsible for the use and misuse of the Service for both You, and any General User whom You cause to use or access the relevant Service, including any User Content provided by that General User. Use of this Service must only be in accordance with these terms, the LawConnect Acceptable Use Community Standard and any Relevant Law.
We are not responsible for any User Content uploaded or otherwise made available using this Service. We will only have cause to access any User Content associated with this Service to prevent or address technical problems, or at your request to provide Support. We may also review User Content for compliance with these terms and the LawConnect Acceptable Use Community Standard. If You become aware of any actual, anticipated or threatened breach of these Terms or the LawConnect Acceptable Use Community Standard, You are required to notify us immediately in writing.
Part 7 – Service Availability
We will use commercially reasonable efforts to make the Services associated with your Paid Subscription are available twenty-four (24) hours a day and seven (7) days a week.
We will use every reasonable effort to notify You where we undertake scheduled maintenance that results in downtime of Our Services. However, We reserve all rights to perform immediate maintenance, without prior notification, should it be necessary (as determined by Us in Our sole discretion) to resolve a high-priority issue, e.g. one related to security or availability of the Services.
Part 8 – Content Rights
We reserve all Intellectual Property Rights in the Services, including but not limited to, any LawConnect Content. Nothing in these Terms provides You with any right to use any of Our (or Our Affiliates) business name(s), name(s), trademarks, logos or domain names or other distinctive brand features.
Some of Our Services give You access to User Content that belongs to other people or organisations, for example: General Users. You may not make use of that content without that third party’s permission, or as otherwise allowed by law. Nothing in these Terms automatically assigns to You any User Content provided to You by any General User using any part of the Services.
Some of our Services also allow You to upload, submit, store, send, receive or share information. If you choose to undertake any of these activities, You retain all Intellectual Property Rights in Your User Content, albeit You provide Us an irrevocable, perpetual, non-exclusive, royalty-free and worldwide licence to host, reproduce, distribute, publish, display and communicate Your User Content for the purpose of providing the Services to You. This licence is fully sub-licensable to any of our Affiliates. You warrant and represent that You have obtained the rights and consents for any Third-Party Content You store, send or share with Us (or our Affiliates) for the purposes of providing the Services to You under these Terms.
Lastly, We may request, or You may provide, information about Your experience when using Our Services, including any suggestions about potential features, bugs or issues (“Feedback”). You assign to Us all Intellectual Property Rights in any Feedback so that We are the sole and exclusive holder of all rights in Feedback going forward. To the extent We require You to execute any formal documents required to give effect to such an assignment, You further agree to execute those documents.
Part 9 – Limitation of Liability
To the fullest extent permitted by law, We and Our Affiliates will not be liable for any loss of any kind arising out of or in connection with Your use of any Services offered in connection with these Terms, whether such liability is based on a breach of contract, tort, negligence, statute or otherwise and whether the loss is direct, consequential, indirect, incidental, punitive or special (including reputational loses (for example: losses caused by offensive or defamatory statements), loss of profit, loss of revenue or sales, loss of goodwill or reputation, incidental or special damages, loss of data, a security breach or other consequential loss of any kind.
Where liability cannot be excluded by reason of the operation of a Relevant Law, Our total aggregate liability for all claims relating to these Terms is limited to the amount equal to one (1) months’ fees. Where the Australian Consumer Law applies, Our entire liability and Your sole remedy is limited to repairing or replacing the defective Service (or any part thereof) as We deem appropriate. These terms do not affect consumer rights that cannot by law be waived or limited.
Part 10 – Indemnity
To the fullest extent permitted by law, You indemnify Us (including our Affiliates, directors, officers, employees, agents, contractors, end users and licensees) against, and You must pay Us for any loss that may be brought against, suffered or incurred by Us in relation to these Terms, or which arises as a consequence of:
- Your, and any General User who You cause to use or access any document sharing component of the Services, use of the Services;
- any claim for a breach or alleged breach of a third party’s Intellectual Property Rights;
- any failure by You to perform the obligations of these Terms or refrain from the prohibitions in these Terms; and
- Your negligence, wilful misconduct, fraud, or illegal conduct.
This indemnity is unconditional, not subject to the limitations set out in Part 9 “Limitation of Liability”, except that it does not apply to losses which are directly caused by Us (including Our breach of these terms, Our negligence or wilful misconduct and Our fraud or illegal misconduct).
Part 11 – Termination
Without limiting any other termination rights either You or Us have under these Terms, We may terminate Your Paid Subscription where You materially breach these Terms or any other terms incorporated by reference into these Terms, and where We have notified You of that breach and that breach remains unremedied by You after fourteen 14 days.
Part 12 – Third Party Services Disclaimer
The use of any Third-Party Services will be entirely at Your own risk (and in some cases, expense). You acknowledge and agree that We are not responsible (either directly or indirectly) and make no representation or warranty with respect to any content, materials, products or services offered by or made available by any third-party or from any Third-Party Services. For the purposes of this Part 12, “Third Party Services” means any product, application, service, software, system, or website which We provide a link to or is integrated directly with the Services.
Part 13 – Governing Law & Dispute Resolution
The laws of New South Wales shall govern these Terms, the provision of any Service, including any LawConnect Content, and any and all claims made pursuant to these Terms.
Save for any interlocutory application (for example: specific performance), any and all disputes between You and Us must first be submitted to mediation in Australia, as follows. If either You or Us seeks to commence mediation, then the party seeking mediation must first notify the other party of the dispute in writing at least thirty (30) days in advance of initiating mediation. Notice should be sent to Level 38, Two International Towers, 200 Barangaroo Ave, Barangaroo NSW 2000 Australia. Mediation shall take place in Sydney, Australia] at the Resolution Institute pursuant to the Resolution Institute Rules, as made available on their website at the time the dispute is commenced.
Part 14 – General Terms
These Terms together with the LawConnect Acceptable Use Community Standard, Cookie Policy and Privacy Policy and any service-specific terms that may apply are the only terms between use regarding the Services
If any part of these Terms or any service-specific terms are found to be void, unlawful or unenforceable then that part will be deemed to be severed from these Terms or any service-specific terms, as specified and will not affect the validity and enforceability of the remaining terms.
If We do not exercise or enforce any right or provision under these Terms, that will not constitute a waiver of such right or provision. Any waiver will only be effective if communicated to You by Us expressly in writing.
We may sub-contract the performance of any part of the Services or Our obligations under these Terms to a third party without notice to You.
All provisions of these Terms as they appear on our Website at the time of termination survive termination of these Terms, albeit those terms that relate to Your access or use of the Services will cease at the time of termination.
You may not assign or otherwise transfer any rights or obligations You have or incur under these Terms to any other person or entity without Our express prior written consent. However, You consent that We may assign these terms to any of our Affiliates or another entity that may purchase these Services without Your consent.
Any notice made or given under these Terms must be in writing. A notice is deemed to be received by the recipient upon receipt of the notice to its nominated email address. Any notice We may send to You will be via email to the address used to sign-up to the Services on Our Website. Any notice You may send to Us will be to support@lawconnect.com. Notice will be deemed to be received when the sender sends the email unless the sender receives an automated message confirming the email has not been delivered, or the email has been sent after 5pm on a day that is not a Business Day. Where the email has been sent after 5pm or on a day that is not a Business Day it will be deemed to have been delivered at 9am the following Business Day.
Knowledge Base
