Terms & Conditions
Law On Earth Advisors
In these terms and conditions:
- "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;
- "Site" means www.lawonearth.com.au;
- "Platform" means the platform you have access to once you log on to www.lawonearth.com.au ("Site");
- "App" means any application we create and provide for you in the future in relation to our Site www.lawonearth.com.au;
- "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;
- "Personal Information" means any information about an identifiable living person.
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.
- discontinue your use of the Site, Platform &/or App; and/or
- 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
- unless with our agreement, access the Site, Platform &/or App via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
- We (and our licensor Law On Earth IP Pty Ltd) 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.
- 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 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, maintenance or repair or any reason beyond our control.
To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss, and provide no guarantees or warranties, in connection with:
- the Site, Platform &/or App being unavailable (in whole or in part) or performing slowly;
- any error in, or omission from, any information made available through the Site, Platform &/or App;
- advice provided by an Advisor;
- documents you created using the system where you did not seek advice on the suitability of the document;
- the content in the Learning Centre or the Premium Guides;
- advice you have provided to a customer which has caused an issue for your professional indemnity insurance or reputation;
- any exposure to viruses or other forms of interference which may damage your 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
- 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.
- 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.
To the maximum extent permitted by law:
- you access and use the Site, Platform &/or App at your own risk; and
- 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.
- 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.
- in 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
- You must become accredited with us to be an Advisor in the Platform. This is done by setting up a free profile and then notifying us by email to firstname.lastname@example.org of your full name, mobile phone number, email address and providing a copy of your practicing certificate and professional indemnity insurance. We will then call you and talk through the platform, any questions you have and give you tips for success as an Advisor. We will change your profile settings in the back end to an Advisor status, so you can then prepopulate your details.
- 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.
- As a member of the Site, Platform &/or App, you are permitted to create one profile for yourself on that Site, Platform &/or App and your Advisor profile will be based on this personal profile.
- 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.
- Other law firms, lawyers and businesses with a direct or indirect competitive interest are prohibited from using the material on the Site, Platform &/or App for commercial purposes such as setting up a directly competitive online platform without our consent and from luring clients within the Platform away using the chat function or recorded video calls sessions, unless the type of matter the client needs assistance with is one that cannot be handled in the platform (such as a litigation, mediation, etc).
Reporting and Payment
- We will provide Reporting to you within 3 business days of the Reporting Cycle, and payment will be made to you 5 business days from the date the Reporting is provided.
- 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.
- Statements provided by us to you in the Reporting will be stored in your Dashboard.
- You may not ask customers for additional payment outside of the Platform for work done in the Platform, unless the client matter needs to be transferred to you/your firm to be managed directly where it is the type of matter that cannot be managed in the Platform.
- You must not ask customers to provide you with credit card or other payment details unless you need such information to assist a client in completing forms in the Platform (i.e. the credit card authorisation form for the Family Law Courts).
- 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.
- You must provide us with a copy of your practicing certificate each year on renewal. 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.
- 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
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:
- mailing it to our postal address listed on the Contact Us page; or
- messaging us via the Contact Us page.
We reserve the right to, without limitation, do any or all of the following in relation to your membership:
- suspend your accreditation to continue being Advisor;
- permanently or temporarily hide all or part of your Advisor profile;
- modify your Advisor profile;
- terminate your membership at the end of your current billing cycle for any reason by providing prior notice to you;
- 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
- permanently or temporarily block your access to all or part of the Site, Platform &/or App.
- 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:
- To attract new clients for video calls in the Platform, you are welcome and encouraged to submit articles, ebooks, infographics and videos ("Submitted Material") to us for uploading into Learning Centre on topics of your expertise. You will not receive any payments for Submitted Material as we also do not receive any payment for material in the Learning Centre, which is a free public resource.
- You are responsible for providing up to date Submitted Material and have the right to request removal and replacement of such material at any time, so that the materials can be updated as the laws change and case law evolves.
- 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.
- 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;
- is false or misleading in any way;
- infringes the rights of any third party;
- you do not have a right to make available under any law or contractual obligation;
- is sexually explicit or contains sexual references / innuendo;
- pertains to group sexual activity or soliciting contact for the purpose of extra marital (marital, de facto or relationship) encounters or affairs;
- contains restricted or password only access pages, or hidden content; or
- contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
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:
- images of any person other than you (without their consent);
- material, cartoons, pictures or text that is offensive or potentially likely to offend, discriminate, defame or cause social concern; or
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- These terms constitute the entire agreement between you and us, however we will provide you with Platform Policies from time to time dealing with best practice for the Platform and our expectations in terms of dealing with an unhappy client or indemnity issue, so that we can protect both your and our reputation. You agree to comply with Platform Policies as amended from time to time.