Terms & Conditions
Law On Earth Advisors
The Advisor Terms of Use are the rules by which you need to comply to be an Advisor in the Law On Earth platform. It’s important that there are Terms in place to keep everyone’s details safe and to provide a positive experience for all Customers and Advisors. If you have questions, please get in touch with us. We’ll let you know if the Terms change, as you must comply with the latest set of Terms at all times.
Law On Earth is a
public self-service platform which connects customers to advisors, provides the
ability for customers to create documents, perform searches and incorporate
companies online, and provides education on a variety of topics in a secure
environment. In order to provide you
with the best user experience and protect your interests and the interests of
other members on our Site and/or App, we require all users of the Site and/or
App to comply with the following Advisor Terms of Use, the Customer Terms of Use and
the Privacy Policy.
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.au;
· “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.au;
· “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.au;
· “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.
Agreement
1.
By accessing and using the Site, Platform &/or
App, you agree to be bound by the Customer
Terms of Use, our Privacy
Policy, these terms and any other terms and conditions, notices and
disclaimers displayed elsewhere on the Site, Platform &/or App relating to
your use of the Site, Platform &/or App ("Advisor Terms of Use").
2.
We may change any of the terms noted in clause 1
above at any time without notice to you, or your consent. If we do change any
terms, an amended version of the Terms of Use will be posted on the Site, Platform
&/or App and we will endeavour to email a copy to
you however are not obliged to. You are responsible for ensuring that you
regularly review the Terms of Use and your continued use of the Site, Platform
&/or App after any changes are made to the Terms of Use will be deemed to
constitute your acceptance of those changes. If you object to any changes to
the Terms of Use, or otherwise become dissatisfied with your membership of, or
association with, the Site, Platform &/or App, your only remedy is to
immediately:
(a) discontinue your use of the
Site, Platform &/or App; and/or
(b) terminate your membership in
accordance with the Customer Terms
of Use.
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 hello@lawonearth.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.
15.
All personal information you provide to us will be
treated in accordance with our Privacy Policy.
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.
17.
By creating a profile on the Site, Platform
&/or App or using the Site, Platform &/or App for any period of time,
you agree to not in any way and via any medium, derogate Law On Earth AU Pty
Ltd, it’s directors, employees, agents and associates at any time. If you have a complaint, you must make this
in writing to us via the Contact Us page, directly to the Privacy Officer as
noted in the Privacy Policy, or by calling us on 1300 66 46 88 so that we may
assist you with a resolution where possible.
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;
(e) terminate your
membership immediately without notice to you if you have committed a breach of
the Terms of Use;
(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.
Content
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
(c) nudity.
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.
36.
Without limiting your responsibilities under the Advisor
Terms of Use, we reserve the right to modify and/or remove any Content that, in
our opinion, violates the Advisor Terms of Use or otherwise has the potential
to harm, endanger or violate the rights of any person.
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.
Intellectual property
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.
41.
Subject to our obligations under the Privacy Policy, you grant us the right to use,
reproduce, publish, store, modify or transmit, in any form or by any means, in
whole or part, your Content for any purpose. You warrant that you have the
right to grant us such rights.
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.
General
50.
No partnership, joint venture, employment, or
agency relationship exists between you and us as a result of the Terms of Use
or your use of the Site, Platform &/or App.
51.
The Terms of Use represent the entire agreement
between you and us regarding your use of the Site, Platform &/or App.
52.
If any provision of the Terms of Use is held to be
invalid, the remainder of the Terms of Use shall continue in full force and
effect.
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.
54.
You agree that the Terms of Use will be governed by
the laws of Queensland you and agree to submit exclusively to that jurisdiction.
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