Terms & Conditions
Law On Earth Advisors
In these terms and conditions:
“App” means any application we create and provide for you in the future in relation to our Site www.lawonearth.com
· “Customer” means a user of the platform;
“including” and similar words do not imply any limit or restriction;
“loss” means loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own-client basis;
· “Parent Account” means an account set up under the umbrella of another entity which may be an employer, accelerator, accounting advisor, financial planner or another type of entity or third party which has corporate access to the Platform, whether or not that third party pays for the Customer’s access to the Platform and services or not;
“Platform” means the platform you have access to once you log on to www.lawonearth.com
· “Personal Information” means any information about an identifiable living person;
· “Professional Indemnity Insurance” means the relevant insurance as required by the regulating body for your State applicable to the type of Advisor you are accredited with us as, and which you are not entitled to practice without;
· “Reporting” mean the process of a report being provided to you summarising the advice calls you have completed during the Reporting Period and the amount of payment owing to you by us;
“Reporting Period” mean a calendar month or such other timeframe as agreed with us;
“Site" means www.lawonearth.com
· “us”, “we” or “our” means Law On Earth AU Pty Ltd ACN 626 822 606 of Level 54, 111 Eagle Street, Brisbane City QLD 4000, our directors, shareholders, employees, agents, assigns and any associated entity;
“Your Material” means any material you produce for inclusion in the Learning Centre, whether that be an article, video, infographic, audio file, or any other medium.
It is important to us that you understand these terms and conditions which relate to your ongoing use of the Site www.lawonearth.com.au, the Platform once you have logged in, and any future App we create to enhance your user experience (the "Site, Platform &/or App"). If you have any questions, please contact us via the Contact Us page on www.lawonearth.com.au.
(a) discontinue your use of the Site, Platform &/or App; and/or
3. You must:
(a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Site or any underlying system within the Platform, or otherwise attempt to damage or interfere with the Site, Platform &/or App or any underlying system within the Site, Platform &/or App; and
(b) unless with our agreement, access the Site, Platform &/or App via standard web browsers only and not by any other method, such as scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4. We (and our licensors) own all proprietary and intellectual property rights in the Site, Platform &/or App (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel) excluding Your Material, and the underlying systems which supports the Site, Platform &/or App.
5. While we use reasonable endeavours to ensure that the Site, Platform &/or App are available 24 hours a day, we do not make any representations or warranties that your access and ability to use all functions of the Site, Platform &/or App will be uninterrupted or error free. Access to the Site, Platform &/or App may be suspended temporarily without notice in the case of system failure, upgrade, maintenance, repair, any potential cyber or security threat or any reason we had not anticipated whether or not within or beyond our control.
6. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
(a) the Site, Platform &/or App being unavailable (in whole or in part) or performing slowly;
(b) any error in, or omission from, any information made available through the Site, Platform &/or App;
(c) advice provided by an Advisor;
(d) documents you created using the system where you did not seek advice on the suitability of the document;
(e) the content in the Learning Centre or the Guides whether drafted by us or another Advisor;
(f) advice you have provided to a customer which has caused, or has the potential to cause, an issue for your (or your employer’s) professional indemnity insurance or reputation, or some other injury, loss or exposure to you, an associate of yours or any law firm you were or are now associated to or connected with;
(g) any exposure to viruses or other forms of interference which may damage your electronic device, phone or computer system, or expose you to fraud when you access or use the Site, Platform &/or App. To avoid doubt, you are responsible for ensuring the process by which you access and use the Site, Platform &/or App protects you from this and that you keep your password and access to your email account linked to the Platform secure at all times; and
(h) any site linked from the Site, Platform &/or App. Any link on the Site, Platform &/or App to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
7. We make no representation or warranty that the Site, Platform &/or App is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Site, Platform &/or App is not illegal or prohibited, and for your own compliance with applicable local laws.
8. To the maximum extent permitted by law:
(a) you access and use the Site, Platform &/or App at your own risk; and
(b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Site, Platform &/or App, or your access and use of (or inability to access or use) the Site, Platform &/or App. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise; and
(c) our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Site, Platform &/or App purchased by you during the term of your membership; and
(d) under no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
Membership and Subscription
9. You must become and remain approved by us to be an Advisor in the Platform.
10. To be approved by us, you must have a minimum of 3 years post admission experience as an unrestricted solicitor and hold a principal practicing certificate or an unrestricted practicing certificate with the consent of the principal practicing certificate holder in your firm, to give advice on the platform. You, or the firm for which you are employed by which has consented to you being an Advisor, must also hold professional indemnity insurance as approved by your State Law Society, noting this insurance attaches to any advice you give in the platform and the insurance holder will be liable for any advice sessions you provide.
11. When registering as a member and/or an Advisor within Platform, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information, including the status of your professional indemnity insurance and the currency of your practicing certificate or any other license or qualification you are required to hold to provide advice. You may do this at any time through your Account page on the Platform &/or App or emailing email@example.com.
12. You will ensure that you have provided correct information in your Advisor Profile including but not limited to, the type of legal expertise you can provide advice on, the States in which you can provide that type of advice in, your background and experience and any other information you provide or choose to omit will not mislead customers.
13. Where you are a manager or principal of a law firm, you may create a profile for the law firm to which lawyers from the firm will be linked. You are responsible for ensuring the firm’s details are kept up to date and that no information provided in this law firm profile is misleading or incorrect, or in any way offensive to the community.
14. You must not create multiple member profiles on the one Site, Platform &/or App without our express consent. Where an employer has provided you with access to a corporate account, this will be an acceptable reason for having more than one account.
16. Other law firms, lawyers, businesses, individuals and entities with a direct or indirect competitive interest are prohibited from copying and/or using the material on the Site, Platform &/or App for commercial purposes including but not limited to setting up an online platform, without our consent, and from luring Customers within the Platform away using any means including but not limited to the chat function or recorded video calls sessions. Using our precedents for Customers within your own law firm is an acceptable use however copying the precedent to avoid use of the platform or copying the human guide and applying your own branding will be considered an abuse of our intellectual property rights and the IP Licence provided to you to use the material.
18. We may provide a corporate the ability to have a parent account which allows them to onboard several other entities or individuals under their corporate plan (“Parent Account”). You understand that each corporate has the right, but not obligation, to set boundaries and restrictions on the type of advice they are prepared to allow under their Parent Account, and you agree to not breach the terms of engaging with the customer under that Parent Account as adherence to those additional restrictions is a precondition to accepting the video session with that customer. In the event we find that you are disregarding the restrictions, we will remove your access to the platform and you will be liable to us for reimbursement of any fees received for providing advice that is not covered by the payment terms for the Parent Account, as we will be required to reimburse the owner of the Parent Account for your breach. You acknowledge that any sum owing will be a liquidated debt representing actual loss suffered and you indemnify us for any other costs associated with recovery of loss we suffer as a result of your breach of this clause, which survives termination of our agreement with you.
Reporting and Payment
19. We will provide Reporting to you within 5 business days of the Reporting Cycle.
20. Payment will be made to you within 30 days of the end of the Reporting Cycle to the bank account you provide in your Advisor Profile.
21. In the event there are any errors in the information provided to you in Reporting, you must advise us within 3 business days prior to payment being made by us to you.
22. In the event your bank account details change, you are responsible for updating these details at all times. In the event you forget to update details, or you enter incorrect details, and payment is made to an incorrect account, you agree to cover any fees charged to us and reasonable admin cost of our team having to track down the funds and have those funds returned to us so that we can redirect them to you. In the event they cannot be redirected to you, we are not liable for that amount as we will have paid it with your instructions based on the account in your profile.
23. You must not ask customers for additional payment outside of the Platform for work done in the Platform.
24. You must not ask customers to provide you with credit card or other payment details unless you need such information to assist a Customers in completing forms in the Platform (i.e. the credit card authorisation form for the Family Law Courts).
25. You are liable to manage your own tax payments and superannuation payments, and warrant that you are not an independent contract nor an employee to us and that you are liberty to operate or not operate within the Platform as and when you choose.
26. In the event that your practicing certificate becomes restricted or lapses; or your Professional Indemnity Insurance is no longer available for any reason, we reserve the right to withhold payments to you until such time as your practicing certificate becomes active and your Professional Indemnity Insurance is restored.
27. In the event that your practicing certificate will not be reinstated and/or your Professional Indemnity Insurance will not be restored, we will pay out any amounts owing to you less a 50% retention amount of the total sum owing. The retention amount is to be held for a period of 6 months in case any claims are made on your recorded advice sessions, in attempt to settle any claims (on your behalf) which may not be covered by your indemnity insurance. We will not however assume liability for any issues caused by the lapse in your insurance and or practicing certificate and any such issues will be referred directly to the relevant body for complaints, as the case may be.
Termination and suspension
28. You may terminate your membership of the Site, Platform &/or App for any reason by providing written notice to us. You can provide notice of termination by:
(a) mailing it to our postal address listed on the Contact Us page; or
(b) messaging us via the Contact Us page.
29. We reserve the right to, without limitation, do any or all of the following in relation to your membership:
(a) suspend your accreditation to continue being Advisor;
(b) permanently or temporarily hide all or part of your Advisor profile;
(c) modify your Advisor profile;
(d) terminate your membership at the end of your current billing cycle for any reason by providing prior notice to you;
(f) deactivate your membership if you have not used the Site, Platform &/or App for a period of 12 months or more (from the date of last use); and/or
(g) permanently or temporarily block your access to all or part of the Site, Platform &/or App.
30. Any images, sounds, or text (Content) that you transmit or provide for upload into the Learning Centre, or provide to customers during your recorded video advice sessions, must be complete, legally correct and legally accurate.
31. You agree not to post or transmit on the Site, Platform &/or App, or otherwise transmit to any other member of the Site, Platform &/or App by any other means, Content that:
(a) is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
(b) is false or misleading in any way;
(c) infringes the rights of any third party;
(d) you do not have a right to make available under any law or contractual obligation;
(e) is sexually explicit or contains sexual references / innuendo;
(f) pertains to group sexual activity or soliciting contact for the purpose of extra marital (marital, de facto or relationship) encounters or affairs;
(g) contains restricted or password only access pages, or hidden content; or
(h) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
32. Without limiting the above, you must not transmit or post on the Site, Platform &/or App, or otherwise transmit to any other member of the Site, Platform &/or App by any other means, any images that contain:
(a) images of any person other than you (without their consent);
(b) material, cartoons, pictures or text that is offensive or potentially likely to offend, discriminate, defame or cause social concern; or
33. You are solely responsible and legally liable for Content that you transmit or post on the Site, Platform &/or App, or otherwise transmit to any member of our Site, Platform &/or App by any other means.
34. We are not responsible for, and accept no liability with respect to, any Content transmitted or posted on the Site, Platform &/or App, or otherwise transmitted to any member of the Site, Platform &/or App by any other means, by any person.
35. We reserve the right, but have no obligation, to review Content transmitted or posted on the Site, Platform &/or App, or (where possible) otherwise transmitted to any member of the Site, Platform &/or App by any other means.
37. You warrant the accuracy, reliability or completeness of any Content posted or transmitted on the Site, Platform &/or App, or otherwise transmitted to any other member of the Site, Platform &/or App by any other means, by any person.
38. We do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on Content posted or transmitted on the Site, Platform &/or App, or otherwise transmitted to any other member of the Site, Platform &/or App by any other means.
39. We own and retain all proprietary rights in and relating to the Site, Platform &/or App, excluding Your Material. Proprietary rights in and relating to the Site, Platform &/or App must not be used in any way without our prior written consent.
40. You warrant that any Content that you post or transmit on the Site, Platform &/or App, or otherwise transmit to any other member of our Site, Platform &/or App by any other means, will not infringe the intellectual property rights of any third party.
42. No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content posted or transmitted on our Site, Platform &/or App, or otherwise transmitted to any member of our Site, Platform &/or App, other than their own Content, without the express written permission of the relevant owner.
43. If you believe that any Content has been posted or transmitted on the Site, Platform &/or App, or otherwise transmitted to any member of our Site, Platform &/or App by any other means, in violation of your rights, please send us an email via the Contact Us page.
Liability & Indemnity
44. You hold us harmless, provide us with an indemnity and assume full liability for any advice you give, or fail to give where a competent lawyer would have given that advice, in an advice session online or in any chat with the Customer.
45. You hold us harmless for any system or technical issues with the Site, Platform &/or App.
46. You hold any third party group (for example a corporate who has several employees receiving advice in the platform as an employee perk; an accelerator; or an accountant who has several clients obtaining access at a discounted rate under that accountant’s corporate account) harmless for any issues between you and a Customer where the only involvement of that third party group has been as the introducer to the Site, Platform &/or App or as the entity paying for the Customer’s access to the Site, Platform &/or App.
47. In the event that an issue arises and we receive a Customer complaint, we will contact you about this to make direct contact with the Customer.
48. The recorded advice sessions are recorded, encrypted and stored securely. You have the ability to download and open the recorded advice sessions at any time by initiating the download process from your Dashboard. You are liable for keeping any downloaded video sessions secure at all times, and hold us harmless for any loss, damage to you, us or a Customers or third party; or for loss of privilege in advice given to a Customer where you did not take all necessary measures to secure a downloaded video, did not secure access to your Advisor profile or ensure access to your email account associated with the Site, Platform &/or App was secure.
49. You are prohibited from sharing your password with any other person or entity and are liable for any loss or damage this causes to a customer, us, an associate of ours or any third party as a result of another person accessing your profile.
53. Any delay in our exercising of a right that we have or may have under this Agreement does not constitute a waiver of that right or any related right.