Terms & Conditions

Terms andConditions

 

 

The Website under the domain name www.lawyerquote.com.au and its relatedservices, products, websites, tools and applications (Website) is owned andoperated by LawyerQuote Pty Ltd ACN 605 630 564 (LawyerQuote).

 

You must read these Terms and Conditions and all otherPolicies (as defined below) which include those terms and conditions expresslyset out below and those incorporated by reference before using the Website. Byusing the Website (whether as a Client or a Legal Service Provider) you agreeto these Terms and Conditions and all Policies.

 

We may amend these Terms and Conditions or any Policyat any time at our discretion. Please review the Terms and Conditions and ourPolicies periodically as your continued use of the Website indicates youragreement to any changes made. All amended Terms and Conditions and Policiesshall automatically be effective from the time and date of appearance on ourWebsite (unless otherwise stated in the Terms and Conditions or Policy). If youdo not agree with such changes, you must cease to use the Website. These Termsand Conditions are effective as at 1 December 2014.

 

 

1.                  DEFINITIONS & INTERPRETATION

 

1.1              Definitions

 

In these Terms and Conditions unlessinconsistent with the context or subject matter:

 

(a)               “Client” means aperson who completes a Questionnaire for the purposes of obtaining a Quoteand/or selecting a Legal Services Provider;

 

(b)               “ClientInformation” means any information relating to a Client and/or a Client’s legalmatter provided for the purpose of obtaining legal advice (including anyInformation submitted in order to obtain introductions to Legal ServiceProviders from us and the Website or obtaining a quote for Legal Servicesthrough the Website);

 

(c)               “Content”includes any material, text, pictures, sound, graphics, video and other datawhether in written form or otherwise including without limitation theQuestionnaire;

 

(d)               “Information”means any information, Content, documents, links or attachments a User, Clientor Legal Service Provider provide to us including through the Website;

 

(e)               "IntellectualProperty" means all intellectual property rights, including withoutlimitation inventions, patents, copyright, rights in circuit layouts,registered designs, trade marks, know-how, processes, concepts, intellectualproperty in name "LawyerQuote", the LawyerQuote Questionnaire, thequoting system developed by LawyerQuote and used on the Website and the sourcecode for that system, and any right to have Information kept confidential andany application or right to apply for registration of any of the these rightsthroughout the world whether registered or unregistered and whether developedbefore or after the date of this Terms and Conditions;


(f)                 "LawyerQuote"means LawyerQuote Pty Ltd ACN 601 925 900;

 

(g)               "LegalServices" means any services of any nature provided to a Client by a LegalService Provider, including provision of legaladvice;

 

(h)               “Legal ServiceProvider” means a person or entity (including a firm) who registers as a lawyerwith LawyerQuote for the purposes of providing Legal Services to Clients;

 

(i)                   “Loss” means anyloss, liability, cost, charge, expense, tax or damage of any nature whatsoever,including lost profits, loss of goodwill, loss of business, loss of productionand any other special, incidental, exemplary, compensatory or consequentialdamages, losses, expenses, or lost or stolen programs or other data (howsoeverarising or caused, including, without limitation, negligence);

 

(j)                 “our”, “us” and“we” means LawyerQuote;

 

(k)                 “Policy” meansany policy of LawyerQuote in place from time to time  including without limitation any policyrelating to privacy, fees, refunds, feedback and service;

 

(l)                 “Questionnaire”means any of the questions on our Website that a Client answers for thepurposes of obtaining a Quote and/or selecting a Legal Services Provider;

 

(m)             “Quote” means a quoteprovided by a Legal Services Provider for providing the service required by theClient as determined by the Questionnaire;

 

(n)               "RelatedEntity" Related Entity has the meaning given to it in section 9 of theCorporations Act 2001 (Cth);

 

(o)               “Services” meansany services provided by us to you pursuant to these Terms and Conditions and includes provision of the Website;

 

(p)               "GeneralTrust Account" has the meaning given to it in section 237 of the LegalProfession Act 2007 (Qld) and includes any general trust account required to bemaintained by a Provider under the legal professional rules/legislationapplicable to that Provider;

 

(q)               “User” means anyperson who uses the Website for any purposewhatsoever;

 

(r)                 "Website"means www.lawyerquote.com.au; and

 

(s)                 “you” and “your”means a User, Client or Legal Service Provider (as the case may be).

 

1.2              Interpretation

 

In these Terms and Conditions, unlessinconsistent with the context or subject matter:

 

(a)               a reference to aperson includes any other legal entity;

 

(b)               a reference to alegal entity includes a person;

 

(c)                words importingthe singular number include the plural number;

 

(d)               words importingthe plural number include the singular number;


(e)               the masculinegender must be read as also importing the feminine or neuter gender;

 

(f)                 a reference to aparty includes the party's heirs, executors, successors and permitted assigns;

 

(g)               headings are forreference purposes only and must notbe used in interpretation, with the exception of where a subheading ofClient,  User and/or Legal ServiceProvider is used, in which case clauses under that subheading relate to theparty referred to in the subheading;

 

(h)               where any word orphrase is given a defined meaning any other part of speech or other grammaticalform concerning the word or phrase has a corresponding meaning;

 

(i)                 a reference to astatute includes all regulations and subordinate legislation and amendments;

 

(j)                 references towriting include any mode of representing or reproducing words in tangible andpermanently visible form, and includes e-mail and fax;

 

(k)                a reference to amonetary amount is a reference to an Australian currency amount;

 

(l)                 an obligation oftwo or more parties binds them jointly and each of them severally;

 

(m)             an obligationincurred in favour of two or more parties is enforceable by them severally;

 

(n)               references totime are to local time in Queensland;

 

(o)               where time is tobe reckoned from a day or event, the day or the day of the event must be excluded;

 

(p)               a reference to abusiness day means any day on which trading banks are open for business in Queensland;

 

(q)               if any timeperiod specified in this agreement expires on a day which is not a businessday, the period shall expire at the end of the next business day;

 

(r)                 a reference to amonth means a calendar month; and

 

(s)                a reference todata includes metadata.

 

 

2.                 USER ELIGIBILITY

 

2.1              Our Services areavailable only to, and may only be used by, persons who can form legallybinding contracts under applicable law. Without limiting the foregoing, ourServices are not available to persons under 18 years of age or to temporarilyor indefinitely suspended Users. If you do not qualify, please do not use our Services.

 

3.                 PRIVACY

 

3.1              All informationthat we process on the Website or through email or any other means will bemanaged and used in accordance with our Privacy Policy.


4.                 YOUR OBLIGATIONS

 

4.1              Youmust use the Website in accordance with these Terms and Conditions and ourPolicies. You must also ensure that you comply with all clauses of these Termsand Conditions and all Policies and all terms and policies included byreference in those documents.

 

4.2              You agree andacknowledge that the Website provides an online introduction service between aClient and Legal Service Provider (who are providing the Legal Services). Youmust only use the Website for the purpose of obtaining Quotes and/or selectingLegal Service Providers.

 

4.3              You are solelyresponsible for your Information, and we act as a passive conduit for youronline distribution and publication of yourInformation.

 

4.4              Your use of theWebsite and our Services, and your Information, must not:

 

(a)               be false,inaccurate or misleading;

 

(b)               be fraudulent or deceptive;

 

(c)                infringe anythird party’s copyright, patent, trademark, trade secret,  intellectual property or other proprietary rightsor rights of publicity or privacy;

 

(d)               violate anyapplicable law, statute, ordinance or regulation (including those governingconsumer protection, unfair competition, criminal law, antidiscrimination ortrade practices law such as the Competition and Consumer Act 2010 (Cth));

 

(e)               be defamatory,trade libelous, unlawfully discriminatory, threatening or harassing;

 

(f)                 be obscene,pornographic or indecent or contain adult material or vulgar, profane,discriminatory, offensive or racist language;

 

(g)               contain commentsof a religious, political or social nature;

 

(h)               contain anyviruses, trojan horses, worms, time bombs, trap doors, back doors, easter eggs,spiders, robots, screen scrapers, data aggregation tools or other devices orother computer programming routines that may or are intended to damage, modify,delete, interfere with, surreptitious intercept, access without authority orexpropriate any system, data or personal information or otherwise affect theintegrity, operation or security of this Website;

 

(i)                 create liabilityfor us or cause us to lose (in whole or in part) the services of our internetservice provider, Legal Service Providers, other Users or other suppliers;

 

(j)                 damage thecredibility or integrity of the Website or LawyerQuote;

 

(k)                breach or violateany Policy;

 

(l)                 link directly orindirectly to or include anything that:

 

(i)                 you do not have aright to link to or include;

 

(ii)                could cause us toviolate any applicable law, statute, ordinance or regulation.


5.                 FEES AND SERVICES

 

5.1              JoiningLawyerQuote and using the Website is free. If you select a Legal ServicesProvider through the Website we will receive an information technology andintroduction fee from the Legal Service Provider. We may also receive other fees from Legal Service Providers. You hereby consent to us receiving suchfees from Legal Service Providers and upon you selecting the Legal Service Providerand immediately prior to making payment through the Website, you consent andagree to the Legal Service Provider paying the information technology andintroduction fee (which is a referral fee) tous.

 

5.2              Notwithstandinganything contained in these Terms and Conditions or another Policy, you agreeand consent to the Legal Service Provider you selected through use of the Website to provide you with LegalServices reporting to us on whether the Legal Service Provider’s Legal Serviceswere engaged by you and the total fees paid by you to the Legal Services Provider. For the avoidance of doubt, youexpressly authorise and require the Legal Services Provider you have selectedto disclose to us any additional fees paid by you or increase in fees payableto the Legal Services Provider for your legal matter. You are also obliged tonotify us of any additional fees paid by you or increase in fees payablefollowing selection of a Legal Service Provider. This clause does not apply toengagements other than the initial engagement.

 

5.3              You will berequired to pay an initial payment once you have selected a Legal ServiceProvider to provide you with Legal Services through the Website.Notwithstanding the fact that this initial payment will be paid directly toLawyerQuote, you agree and acknowledge that this payment is made by you to theLegal Service Provider you have selected through the Website and is thereforedeemed to be paid to LawyerQuote by the Legal Service Provider. For theavoidance of doubt, you do not require this initial payment to be paid into theLegal Service Provider’s General Trust Account and you hereby authorise anddirect the Legal Service Provider to pay it directly to LawyerQuote. Theremainder of the fees you are required to pay will be invoiced by and paiddirectly to the Legal Service Provider engaged by you.

 

5.4              You agree that youwill not approach a Legal Service Provider directly after becoming aware ofsuch Legal Service Provider following completion of the Questionnaire and theviewing of Quotes. You agree that you will contact such Legal Service Provideronly through the Website. You are strictly prohibited from attempting tonegotiate the fee for any matter with a Legal Service Provider directly orattempting to circumvent payment of the initial payment through the Website.

 

5.5              You will only beprovided with a refund of your initial payment paid to LawyerQuote in the eventthe Legal Service Provider you select identifies that it has a conflict ofinterest in acting for you and that is notified to us within 2 business days ofthe Legal Service Provider being selected by you. For the avoidance of doubt, arefund of your initial payment paid to LawyerQuote will not be given in anyother circumstances including without limitation if you have completed theQuestionnaire incorrectly and the scope of the services you require and fee areaccordingly incorrect and revised by the Legal Service Provider.

 

5.6              Unless otherwisestated, all fees quoted on the Website are in Australian Dollars.

 

6.                 WEBSITE INFORMATION

 

6.1              The Websitecontains Information and Content prepared by LawyerQuote or by third partiessuch as Legal Service Providers at the request of LawyerQuote (LawyerQuoteInformation) of a general nature on matters of interest only, includinginformation relating to legal issues, legal matters, legal concepts, and LegalServices. The application and impact of laws can vary widely based on thespecific facts involved. The Website and LawyerQuote Information does not take into accountyour legal


needs,objectives or financial situation or provide you with personal legal advice oradvice of any other nature. Moreover, LawyerQuote Information is provided onthe basis that the authors, publishers and LawyerQuote are not herein engagedin rendering, and do not provide, legal, accounting, tax, or other professionaladvice and services and nothing published by those authors, publishers andLawyerQuote on or through the Website constitutes legal, accounting, tax orother professional advice. Because of this you should, before acting on anyLawyerQuote Information, consider its appropriateness to your personalcircumstances and seek professional advice to determine if it applies to you.As such, it is not, and should not be used as  a substitute for consultationwith professional legal, accounting, tax or other competent advisers.

 

6.2              LawyerQuote isnot responsible for any errors or omissions, or for the results  obtained from the use of informationcontained in or linked to the Website (including LawyerQuote Information orthat provided by other Users). In no event will LawyerQuote or its RelatedEntities, officers, directors, agents, employees, consultants or contractors beliable to you or anyone else for any decision made or action taken or omissionin reliance on the information in this or linked to the Website (including theLawyerQuote Information) or for any consequential, special or similar damagesor other Loss, even if advised of the possibility of such damages. Certainlinks in the Website connect to other websites maintained by third parties overwhom LawyerQuote has no control. LawyerQuote makes no representations as to theaccuracy or any other aspect of information contained in other websites.

 

6.3              All LawyerQuoteInformation in this site is provided to the extent permitted by law,  with no guarantee of completeness, accuracy,timeliness or of the results obtained from the use of this LawyerQuoteInformation, and without warranty of any kind, express or implied, including,but not limited to warranties of performance, merchantability and fitness for aparticular purpose. Given the changing nature of laws, rules and regulations,and the inherent hazards of electronic communication, there may be delays,omissions or inaccuracies in LawyerQuote Information.

 

6.4              We are not, and you confirm andacknowledge that LawyerQuote is not, a law firm and is not a party to anytransaction arising or entered into between Clients and Legal ServiceProviders. As a result, despite the fact that our user agreement with LegalService Providers requires a Legal Services Provider to provide Legal Servicesto a Client who engages the Legal Services Provider in accordance with their Quote, we have no control over, and do notensure, guarantee or provide any warranty or indemnity in respect of thequality, legality, accuracy, completeness or otherwise of:

 

(a)               the Informationposted by Clients or Legal Service Providers;

 

(b)               any Informationprovided by Clients or Legal Service Providers to the other;

 

(c)                the ability ofClients or Legal Service Providers to undertake their respectiveresponsibilities, obligations and liabilities in the event of engagement of aLegal Service Provider;

 

(d)               the LegalServices provided by a Legal Service Provider to a Client (including as towhether the services are provided in accordance with a Quote); or

 

(e)               the terms of anyengagement letter provided by a Legal Service Provider to a Client or the actof not providing such an engagement letter; and

 

(f)                 we make nowarranty that the final fee charged by the Legal Service Provider will be thesame as the Quote in particular if there is a change in the scope of works orinaccuracy in your instructions or informationprovided.

 

6.5              Because of theforegoing in clause 6.4, in the event that you have a dispute with one or moreUsers of the Website, you release and hold harmless LawyerQuote    (and its


RelatedEntities, officers, directors, agents, employees and contractors) from actions,claims, demands and Losses of every kind and nature, known and unknown,suspected and unsuspected, disclosed and undisclosed, arising out of or in anyway connected with such disputes. Nevertheless, LawyerQuote provides anoptional complimentary non-binding dispute resolution process outlined inclause 9.6 that may be utilised by the parties in the event a dispute occurs.

 

6.6              We do not control the Quotesprovided by Legal Service Providers to Clients or the terms and conditions uponwhich Legal Service Providers are engaged byClients.

 

6.7              LawyerQuote doesnot take any steps to confirm the identity of Clients. However, LawyerQuotetakes steps to confirm that Legal Service Providers are at the time ofconfirmation as a Legal Service Provider are legally entitled to practice lawin a state or territory of Australia. Because User authentication on theinternet is difficult particularly in cases of fraudulent or misleadingconduct, LawyerQuote cannot and does not confirm nor warrant or guarantee as toeach User’s purported identity or location. Weencourage you to use LawyerQuote as a platform to conduct your ownenquiries to vet other Users to your satisfaction.

 

6.8              We may send you communications andnotices regarding your transactions and any other communications you haveconsented to receive including without limitation by electronic means.

 

6.9              You agree andacknowledges that no client-lawyer relationship is created between a Client andLegal Service Provider as a result of the Client's use of the Website or underthese Terms and Conditions. The engagement between the Client and Legal ServiceProvider is entered into outside of the Website and LawyerQuote by the  Client and Legal Service Provider directly.

 

6.10          LawyerQuote isnot a law firm and you confirm and acknowledge that no client-lawyerrelationship is created between you and LawyerQuote and LawyerQuote is nota  party to any transaction arising orentered into between Clients and Legal Service Providers. You acknowledge thatLegal Service Providers are not employees, agents, contractors or jointventurers of LawyerQuote.

 

6.11          When you obtainLegal Services from a Legal Service Provider selected through the Website youare obtaining Legal Services direct from that Legal Service Provider on theterms and conditions that you agree with that Legal Service Provider.

 

6.12          However pleasenote that all Legal Service Providers have agreed to our user agreement whichprovides some service standards.

 

6.13          We are in no way responsible forthe terms and conditions upon which the Legal Service Provider is engaged byyou. Should you not understand the terms and conditions of the Legal ServiceProvider’s engagement by you, or if you have anyfurther questions you should discuss this with the Legal Service Provider.

 

7.                 OUR SERVICES

 

7.1              Our onlineservice on the world wide web is designed to allow you to complete aQuestionnaire for the purpose of obtaining instant fixed-fee Quotes andselecting a Legal Services Provider. We offeran introduction service to Clients and Legal Service Providers. Where followingcompletion of the Questionnaire we are unable to provide you with instantfixed-fee Quotes, we will endeavor to obtain and provide you with fixed-feeQuotes based on the information provided to us by you, but we do not guaranteethat you will receive fixed-fee Quotes from Legal Service Providers enablingyou to select a Legal Service Provider.

 

7.2              The Website isintended for the use of any person (within or outside Australia) whointends  to  engage Australian-based  Legal  Service Providers.  You  confirm    and


acknowledgethat any Quote selected by you may not be sufficient to address your matter. Inthe event a Quote selected by you is not sufficient to address your matter, theLegal Services Provider will provide you with an estimate as to the expectedcosts of your matter.

 

8.                 INTELLECTUAL PROPERTYAND DATA

 

8.1              LawyerQuoteInformation and Intellectual Property is protected by copyright and other proprietaryrights and remains the property of LawyerQuote.

 

8.2              You acknowledgeand agree that:

 

(a)               you will notcopy, reproduce, alter, modify, create derivative works, or publicly display(other than on the Website) any LawyerQuoteInformation unless in a manner condoned by LawyerQuote or with the priorwritten permission of LawyerQuote or the appropriate third party authorised togrant such permission and when doing so you must acknowledge us and, in thecase of websites, include a link from your website to our Website;

 

(b)               LawyerQuote ownsthe Intellectual Property and no right, title or interest in any of theIntellectual Property is transferred or granted to the you;

 

(c)                you will notcopy, reproduce, alter, modify, create derivative works, or publicly display(other than on the Website) any of LawyerQuote's Information or IntellectualProperty unless with the prior written consent of LawyerQuote or theappropriate third party authorised to grant such permission and when doing soyou must acknowledge LawyerQuote and, in the case of websites, include a linkfrom the website to the Website;

 

(d)               if you add anyInformation to the Website of any nature whatsoever (including Information forthe purposes of providing Quotes to Clients) that Information  is personally attributable to you then youwarrant that you have the right to distribute that Information;

 

(e)               when you provideInformation, we may receive additional related data, such as the time, date andplace you provided the Information;

 

(f)                 we receive datafrom or about the computer, mobile phone, or other devices you use to accessthe Website. This may include network and communication information, such asyour IP address or mobile phone number, and other information about things likeyour internet service, operating system, location, the type (includingidentifiers) of the device or browser you use, or the pages you visit.

 

(g)               we store data foras long as we consider necessary;

 

(h)               you grantLawyerQuote a perpetual, irrevocable, worldwide, royalty free, transferable,sub-licensable and unlimited licence to use, modify, aggregate, sell anddistribute any Information (including Information relating to you) in any media(now known or not known) or other entity as LawyerQuote sees fit; and

 

(i)                 LawyerQuote isnot liable or responsible for any Loss that you may experience in submittingInformation to LawyerQuote or for LawyerQuote's use of your Information inaccordance with the licence granted.

 

8.3              LawyerQuote mayat its sole and absolute discretion refuse or remove any Information from the Website.


9.                 FEEDBACK, COMPLAINTSAND DISPUTE RESOLUTION

 

9.1              Subject to ourPolicies, we may obtain, populate and display Feedback (as such term isreferred to in our Policies) on a Legal Service Provider’s profile, includingstar ratings or any other means of feedback as provided for in a Policy.

 

9.2              All ratings arecompiled on the basis of rating Client provided responses and may not be arepresentative sample. You consent to the population, publication and displayof Feedback as it relates to you in accordance with this clause 9.

 

9.3              You must not takeany actions that may undermine the integrity or credibility of our Feedback system.

 

9.4              Feedback isdesigned only for the Website and for LawyerQuoteuse and not for any other purpose, and you agree that you shall not market,sell, distribute, disclose to any third party or export Feedback you receive orgive on Feedback in any venue or media other than through the processprescribed by the Website from time totime (unless with the prior written approval of LawyerQuote).We alwaysappreciate your Feedback and your Feedback or other suggestions about us, theWebsite and/or our Services, but you understand that we may use them withoutany obligation to compensate you for them (just as you have no obligation tooffer them).

 

9.5              In the event acomplaint is made by a Client against a Legal Service Provider and notified toLawyerQuote by email to [email protected]or through Feedback, the Client consents and provides us and the Legal ServiceProvider with the authority to discuss such complaint, notwithstanding that thecomplaint may concern matters confidential to the Client.

 

9.6              In the event adispute arises between a Client and a Legal Service Provider engaged by theClient, the Client may notify LawyerQuote of the dispute by email to [email protected]LawyerQuote will then review the details of the dispute and contact either party for further comment. LawyerQuote mayset up a forum whereby the dispute may be discussed by the parties involvedwith view to resolving the dispute. In addition to or in substitution ofproviding such a forum, LawyerQuote may provide suggestions to either of theparties as to how the dispute could be resolved and propose solutions.

 

9.7              In the event adispute is not resolved following the procedure in clause 9.6 the  dispute may be referred to the Law Society ofthe State or Territory within which the Legal Service Provider carries onbusiness, or where the Legal Services were provided.

 

10.              BREACH

 

10.1          Without limitingother remedies available to LawyerQuote at law, in equity or under these Termsand Conditions or any other Policy or otherwise, we may, in our solediscretion, immediately issue a warning, temporarily suspend, indefinitelysuspend or terminate your use of the Website and/or refuse to provide ourServices to you (including preventing you from accessing the Website or fromposting a brief or submitting a Quote) if:

 

(a)               you breach theseTerms and Conditions or any Policy or the terms and policies those documentsincorporate by reference; or

 

(b)               we are unable toverify or authenticate your Information (other than Client Information); or

 

(c)                we believe thatyour actions may cause legal liability for you, Users of the Website or us; or


(d)               in our soleopinion, your conduct, acts or omissions threaten, interfere or impact upon theintegrity or credibility of the Website (or the operation thereof) orLawyerQuote; or

 

(e)               we suspect thatyou (by conviction, settlement, insurance or escrow investigation, or otherwisein our sole discretion) have engaged in fraudulent or deceptive activity inconnection with our Website.

 

11.              NO WARRANTY AND DISCLAIMERS

 

11.1          We and our suppliers provide theWebsite and our Services on an “as is” basis and without any warranties,representations, or conditions of any kind, whether express, implied orstatutory, to the extent permitted by law. To the extent permitted by law, weand our suppliers specifically disclaim any implied warranties including inrelation to title, merchantability, fitness for a particular purpose andnon-infringement. Furthermore we do not guarantee continuous, uninterrupted orsecure access to our Services or your Information, and operation of our Websitemay be interfered with by numerous factors outside our control.

 

11.2          You warrant thatyou have not relied upon any representations, warranties or conditions offeredor made by or on behalf of LawyerQuote except to the extent expressly set outin these Terms and Conditions.

 

11.3          To the extentthat LawyerQuote and its related entities, related bodies corporate andsuppliers are able to limit the remedies available under these Terms andConditions, and subject to clause 12, LawyerQuote and its related entities,related bodies corporate and suppliers expressly limit their liability for breachof a non-excludable condition or warrantyimplied by virtueof any legislation or law to the amount of

$10.00.

 

11.4          No datatransmission over the internet can be guaranteed as totally secure. Whilst westrive to protect your Information, we do not warrant and cannot guarantee thesecurity of your Information which you transmit through the Website.Accordingly,  your Information which youtransmit through the Website is transmitted at your own risk. Nevertheless,once transmitted we will take reasonable steps to preserve the security of suchInformation. We cannot guarantee theconfidentiality or security of your Information or Feedback which is providedto other Users of the Website through the Website. We cannot guarantee that your Information remains solely in thehands of those recipients of that information or that those recipients complywith their confidentiality obligations as required under our Policies, and wewill not be responsible or liable for any Loss incurred in this regard. Youmust inform LawyerQuote immediately of any breaches of security or unauthoriseduse of your Information.

 

11.5          The Website maycontain a number of links to other internet sites which are operated by thirdparties. You acknowledge and agree that we are not responsible either directlyor indirectly for any Loss caused by use of or reliance on linked sites.

 

12.              LIABILITY

 

12.1          In no event shallLawyerQuote or its Related Entities, officers, directors, employees agents,contractors or suppliers be liable for any Loss arising out of or in connectionwith:

 

(a)               our Website, useof the Website or the inability to use the Website by any party;

 

(b)               any failure or performance,error, omission, interruption, defect, delay in operation or transmission;


(c)                line or systemfailure or the introduction of a computer virus or any other item specified inclause 4.4(h) or other technical sabotage; or

 

(d)               our Services,even if we or our employees or representatives are advised of the possibilityor likelihood of such Loss.

 

12.2          You agree toaccept sole responsibility for the legality of your actions under the lawswhich apply to you. You agree that LawyerQuote and its Related Entities,officers, directors, employees, agents, contractors and suppliers have noresponsibility for the actions of Users (including the legality of such actions).

 

12.3          Without prejudiceto clause 12.1 and notwithstanding any other provision of these Terms andConditions and except to the extent permitted by law:

 

(a)               our totalliability arising out of or in connection with these Terms and Conditions, andthe liability of our suppliers, to you or any third parties in any circumstanceis limited per event to the amount of $10.00;and

 

(b)               LawyerQuote shallnot be liable for loss of contract, loss of profit or revenue, contractualclaims of third parties, economic loss, loss of production, business interruption, loss of data,production stoppage, or consequential or indirect loss or damage.

 

12.4          The limitationand exclusion of liability in this clause 12 applies whether the liabilityclaim is based on breach of contract, under a warranty or an indemnity, tort(including negligence), under statute, in equity or otherwise.

 

12.5          Notwithstandingany other term in these Terms and Conditions, nothing in these Terms andConditions is intended to limit or exclude any liability on the part ofLawyerQuote or its Related Entities, officers, directors, employees, agents,contractors or suppliers where and to the extent that applicable law prohibitssuch exclusion or limitation.

 

13.              INDEMNITY

 

13.1          You agree toindemnify and hold us and our Related Entities, officers, directors, agents,employees, contractors and suppliers harmless from and against any actions,claims, demands, proceedings, Loss of every kind and nature, known and unknown,including reasonable solicitors’ fees and claims made by third parties, due toor  arising out of your breach of theseTerms and Conditions or any Policy or the terms and policies they incorporateby reference, or your violation of any law or the rights of a third party.

 

14.              LEGAL COMPLIANCE

 

14.1          You shall complywith all applicable domestic (including common law) and international laws,statutes, ordinances and regulations regarding your use of our Servicesincluding the Competition and Consumer Act 2010 (Cth) and other relevantstate-based fair trading legislation.

 

15.              PRIVILEGE AND DISCLSOURE

 

15.1          Notwithstandingany other provision of these Terms and Conditions, LawyerQuote and each Clientacknowledges and agrees that:

 

(a)               LawyerQuote actsonly as a passive conduit for the provision of Quotes to Clients by LegalService Providers; and

 

(b)               LawyerQuote isnot the intended recipient of such Client Information.


15.2          Without prejudiceto clauses 15.1 or 15.3, if LawyerQuote is deemed by law to be a recipient ofClient Information or if it receives Client Information in error, LawyerQuoteagrees to keep such Client Information, regardless of whether that ClientInformation is identified as confidential or legally privileged, confidentialunless required to be disclosed by operation of law.

 

15.3          You acknowledgethat whilst LawyerQuote has put in place steps to mitigate the risk of anywaiver of privilege, there may be certain circumstances as applicable to youunder which waiver of privilege is deemed by law to have occurred in relation to your Client Information. To theextent permitted by law, LawyerQuote disclaims any responsibility or liabilityfor any waiver of legal privilege of your Client Information directly orindirectly resulting from or attributable to your use of the Website (includingwhere your Client Information contains an admission of guilt or liability).

 

15.4          You acknowledgethat LawyerQuote has made you aware that in certain circumstances (such as inthe case of an admission of guilt or liability) you may be unable to claimlegal privilege in respect of your Client Information as a result of your useof the Website.

 

15.5          You agree andauthorise for  the Legal Service Providerto disclose to us:

 

(a)               if any conflictof interest arises for the Legal Service Provider; and

 

(b)               if the LegalService Provider believes the Client's instructions are inaccurate and thescope of the Legal Services and fee Quote are incorrect. In such  case the revised scope of the Legal Servicesand updated fee Quote are to be disclosed tous.

 

16.              MISCELLANEOUS

 

16.1          Accessinginformation from the Website is done so at your own risk and you will beresponsible for compliance with the laws within your jurisdiction.

 

16.2          These Terms andConditions are governed by the laws of Queensland and the Commonwealth ofAustralia which are in force in Queensland and the parties submit to thejurisdiction of the Court of Queensland, relevant Federal Courts and Courts competentto hear appeals from them.

 

16.3          These Terms andConditions shall be for the benefit of and binding upon the parties and theirheirs, executors, successors and permitted assigns.

 

16.4          If a clause ofthese Terms and Conditions are void or unenforceable it must be severed fromthese Terms and Conditions and the clauses that are not void or unenforceableare unaffected by the severance.

 

16.5          You agree thatthese Terms and Conditions and all incorporated agreements may be assigned byLawyerQuote, in our sole discretion, to Related Entities or third parties. Youmay not assign these Terms and Conditions without LawyerQuote’s express  prior written consent.

 

16.6          Headings are forreference purposes only and in no way define, limit, construe or describe thescope or extent of such section.

 

16.7          LawyerQuote'sfailure to act with respect to a breach by you or others does not constitute awaiver of that breach or waive our right to act with respect to that breach orsubsequent or similar breaches.

 

16.8          You agree thatthese Terms and Conditions may not be construed adversely against us solelybecause we prepared them.


16.9          These Terms andConditions and the Policies comprise the entire understanding and agreementbetween you and us with respect to the subject matter hereof.

 

16.10       Nothing in these Terms and Conditions or your use ofthe Website establishes or creates a joint venture, partnership, consortium,franchise, employment or agency relationship between the parties including inparticular between LawyerQuote and Clients and LawyerQuote and Legal Service Providers.

 

16.11       Clauses 4 (Your Obligations), 5 (Fees and Services), 6(Website Information), 8 (Intellectual Property and Data), 9 (Feedback,Complaint and Dispute Resolution), 10 (Breach), 11 (No Warranty andDisclaimers), 12 (Liability), 13 (Indemnity) and 16 (Miscellaneous) shallsurvive any termination or expiration of these Terms and Conditions.

 

16.12       Should a dispute arise in connection with these Termsand Conditions or with your use of the Website which cannot be resolved by goodfaith negotiations between us and you, LawyerQuote may at its sole discretionrefer the dispute to mediation or to arbitration. At all times we reserve theright to instigate legal proceedings prior to negotiation, arbitration ormediation against any person including any individual or entity (incorporatedor otherwise)), who in our opinion has acted in breach of these Terms and Conditions.

 

16.13      Thecontra proferentem rule and other rules of construction will not applyto disadvantage a party whether that party put the clause forward, wasresponsible for drafting all or part of it or would otherwise benefit from it.

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