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LawTap General User Terms

Our Terms with You:

These Terms of Service (“Terms”) dated 19 November 2022 are between LawTap Pty Ltd of Level 8, 2017 Kent Street, Sydney NSW 2000 Australia (“We”, “Our” and “Us”) and any user which uses the Service that is not a: (a) Professional User; or (b) LEAP User, and who will be defined as a (“General User”, “You” and Your”) for the purposes of these Terms, which set out how You may interact with Our Services.

Understanding these Terms is important because by using the Services You are agreeing to the version of these Terms posted on Our Website and any service-specific terms that may apply at the time You access Our Services.

Part 1 – Definitions

Affiliates means a corporation that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control by or with Us.

Australian Consumer Law means the Schedule II to the Competition and Consumer Act 2010 (Cth).

Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales.

Cookie Policy means the LawTap cookie policy available here.

Content means any document or information You store, save or upload to any part of the Services.

Intellectual Property Rights or IP means all data, software, inventions, ideas, patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer programs, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.

LawTap Content means any data, record or information, including but not limited to any, marketing content, names, logos, corporate imagery, these Terms, any policies or other materials We upload, submit, store, send, share or otherwise make available within any part of the Services.

LawTap Acceptable Use Community Policy means the standard with that name as made available here.

LEAP means LEAP Legal Software Pty Ltd (ABN 68 085 029 885) of Level 11, 207 Kent Street, Sydney NSW 2000 Australia and its associated entities.

LEAP Customer Agreement means Your LEAP Supplier and Support Terms and Conditions, as may be amended from time to time.

LEAP User means person or entity that has a current LEAP Customer Agreement in place.

Professional User means a user representing themselves as a lawyer or law firm user.

Privacy Policy means the LawTap Privacy Policy made available here.

Related Bodies Corporate has the meaning given to it in the Corporations Act 2001 (Cth).

Relevant Laws means all applicable laws, codes, rules, orders and/or regulations applicable to the use of the Services and these Terms.

Services as defined in Part 2 of this Agreement “Our Services”.

Software means software, content and forms (both legal and non-legal provided by LEAP and any of its Related Bodies Corporate.

Terms means these LawTap General User Terms of Service.

Third-Party Content means any content provided to You by a third party.

User Account means a user account to access and use the Services.

User Content means user-generated data, commentary, testimonials, feedback, links to third party websites and any other information, documents, data or records You or another General User or Professional User uploads, submits, stores, sends, shares or otherwise makes available within any part of the Services.

Website means https://lawtap.com.

Part 2 – Our Services

The services subject to these Terms, include:

  • this Website;
  • legal professional directory;
  • appointment booking and payments platform;
  • document sharing service; and
  • any future services We may make available to you, as determined in Our sole discretion.

(together, the “Services”).

Part 3 – General Disclaimers

The Services are general in nature and do not constitute an offer by Us to provide legal services to You. Nothing in our Services (or any part thereof) shall be taken by You as legal advice, nor the establishment of any lawyer-client relationship between us. While you may use the Services to solicit or engage a Professional User, We do not represent or warrant the quality of those services. Any legal services procured by You from a Professional User using Our Services will be on terms and conditions as agreed between You and that Professional User. We are not party to any such terms.

Our Services contain User Content that we do not expressly solicit or endorse. We may, but are not obliged to, publish, check or verify User Content. Therefore, User Content may be incorrect, incomplete or inaccurate. We accept no liability for any decision You make, or damage that may arise, from accessing, using or relying on any User Content. This shall be entirely at Your own risk.

Nothing in these Terms constitutes any representation or warranty in respect of the operation of the Services, including any representation that the Services will be uninterrupted or ‘error-free’. The Services, including any LawTap Content, are provided ‘as-is’. To the fullest extent permitted under applicable law, We, together with any of Our Affiliates, disclaim any implied or statutory warranty, including any implied warranties for accuracy of data, merchantability or fitness for a particular purpose. We, together with any of Our Affiliates, also take no responsibility for network or service outages or latency caused by third parties or Your systems, equipment, internet browser, data plan or internet service provider.

Your use of the Services is also subject to Our Cookie Policy and Privacy Policy, which covers how We collect, use, share and store Personal Information. We will be controller of any Personal Information provided to, collected by, or processed in connection with Your use the Services. You may request that We amend or delete Personal Information You provide, or that the Services otherwise collect or process at any time by emailing Us at support@lawtap.com.

We may modify these Terms, the LawTap Acceptable Use Community Policy, our Cookie Policy or our Privacy Policy from time to time. If We make material changes to any of these terms, we will notify you on our Website or by other means so that You may review those terms before they become effective. Where You object to any changes, You may cease using our Services. Your continued use of the Services after the date any updated terms come into effect will constitute Your acceptance of those updated terms.

Part 3a – Service Eligibility

The Services are not intended for use by anyone under the age of eighteen (the “Minimum Age”).

To use the Services, You agree that You:

  • are of Minimum Age;
  • will provide accurate information (and ensure this information is kept up to date);
  • will only operate one user account;
  • are not otherwise be restricted from using the Services; and
  • will create a strong password or similar access credential and keep it confidential.

If You are the parent or guardian of a minor who is not of Minimum Age and You are allowing that minor to operate a user account, then these Terms will apply to You and You are responsible for the minor’s use of the Services.

Part 4 – Content Rights

We reserve all Intellectual Property Rights in the Services, including but not limited to, any LawTap Content. Nothing in these Terms provides You with any right to use any of Our (or Our Affiliates) business name(s), name(s), trademarks, logos or domain names or other distinctive brand features.

Some of Our Services allow You access to User Content that belongs to others, for example: Professional Users. You may not make use of that content without that third party’s permission, or otherwise allowed by law.

Some of our Services also allow You to upload, submit, store, send, receive or share information. If you choose to undertake any of these activities, You retain all Intellectual Property Rights in Your Content, albeit You provide Us an irrevocable, perpetual, non-exclusive, royalty-free and worldwide licence to host, reproduce, distribute, publish, display and communicate Your Content for the purpose of providing the Services. This licence is fully sub-licensable to any of our Affiliates. You warrant and represent that You have obtained the rights and consents for any Third-Party Content You store, send or share with Us (or our Affiliates) for the purposes of providing the Services to You under this Agreement. For the purposes of this Part 4, Your Content does not include any review You may leave through the Services. A review will immediately become Our Intellectual Property upon being posted, uploaded, sent or received via the Services.

Lastly, We may request, or You may provide, information about Your experience when using Our Services, including any suggestions about potential features, bugs or issues (“Feedback”). You assign to Us all Intellectual Property Rights in any Feedback so that We are the sole and exclusive holder of all rights in Feedback going forward. To the extent We require You to execute any formal documents required to give effect to such an assignment, You further agree to execute those documents.

Part 5 – Limitation of Liability

To the fullest extent permitted by law, We and Our Affiliates will not be liable for any loss of any kind arising out of or in connection with Your use of any Services offered in connection with these terms, whether such liability is based on a breach of contract, tort, negligence, statute or otherwise and whether the loss is direct, consequential, indirect, incidental, punitive or special (including reputational loses (for example: losses caused by offensive or defamatory statements), loss of profit, loss of revenue or sales, loss of goodwill or reputation, incidental or special damages, loss of data, a security breach or other consequential loss of any kind.

Where liability cannot be excluded by reason of the operation of a Relevant Law, Our total aggregate liability for any and all claims relating to these Terms is limited to $50. Where the Australian Consumer Law applies, Our entire liability and Your sole remedy is limited to repairing or replacing the defective Service (or any part thereof) as We deem appropriate. These terms do not affect consumer rights that cannot by law be waived or limited.

Part 6 – Indemnity

To the fullest extent permitted by law, You indemnify Us (including our Affiliates, directors, officers, employees, agents, contractors, end users and licensees) against, and You must pay Us for any loss that may be brought against, suffered or incurred by Us in relation to these Terms, or which arises as a consequence of:

  • Your use of the Services;
  • any claim for a breach or alleged breach of a third party’s Intellectual Property Rights;
  • any failure by You to perform the obligations of these Terms or refrain from the prohibitions in these Terms; and
  • Your negligence, wilful misconduct, fraud, or illegal conduct.

This indemnity is unconditional, not subject to the limitations set out in Part 5 “Limitation of Liability”, except that it does not apply to losses which are directly caused by Us (including Our breach of these Terms, Our negligence or wilful misconduct and Our fraud or illegal misconduct).

Part 7 – Termination

These terms remain in effect for as long as You use Our Services. You may delete Your User Account at any time and for any reason. We may suspend or terminate Your User Account or limit or stop providing any of the Services, including any LawTap Content, for any reason whatsoever with or without notice to You. We will have no liability whatsoever to You for terminating Your User Account or limiting or ceasing to provide any Services, including any LawTap Content.

Part 8 – Third-Party Services Disclaimer

The use of any Third-Party Services will be entirely at Your own risk (and in some cases, expense). You acknowledge and agree that We are not responsible (either directly or indirectly) and make no representation or warranty in relation to any content, materials, products or services offered by or made available from any Third-Party Services. For the purposes of this Part 8, “Third-Party Services” means any product, application, service, software, system, or website which We provide a link to or is integrated directly with our Services.

Part 9 – Governing Law & Dispute Resolution

The laws of New South Wales shall govern these Terms, the provision of any Service, including any LawTap Content, and any and all claims made pursuant to these Terms.

Save for any interlocutory application (for example: an injunction or specific performance) or other equitable relief, disputes arising under or in connection with these Terms must comply with this Part 9. Where a dispute has arisen, the party making the dispute must promptly notify the other party in writing by giving details of the dispute to the other party. The parties must then promptly, but within no less than five (10) Business Days, use reasonable endeavours to resolve the dispute. If the parties remain unable to resolve the dispute accordingly, the parties may proceed to litigation in Sydney, Australia. Nothing in the foregoing shall prevent the continued performance any obligations under these Terms despite the existence of a dispute.

Part 10 – General Terms

These Terms together with the LawTap Acceptable Use Community Policy, Cookie Policy and Privacy Policy and any service-specific terms that may apply are the only terms between us regarding the Services. To the extent there is any discrepancy between any terms referenced in these Terms, the terms shall be construed in the order of precedence in which they appear in this Part 10.

If any part of these Terms or any service-specific terms are found to be void, unlawful or unenforceable then that part will be deemed to be severed from these Terms or any service-specific terms, as specified and will not affect the validity and enforceability of the remaining terms.

If We do not exercise or enforce any right or provision under these Terms, that will not constitute a waiver of such right or provision. Any waiver will only be effective if communicated to You by Us expressly in writing.

We may sub-contract the performance of any part of the Services or Our obligations under these Terms to a third party without notice to You.

All provisions of these Terms as they appear on our Website at the time of termination survive termination of these Terms, albeit those terms that relate to Your access or use of the Services will cease at the time of termination.

You may not assign or otherwise transfer any of Your rights or obligations under these Terms to any other person or entity without Our express prior written consent. However, You consent that We may assign these terms to any of our Affiliates or another entity that may purchase these Services without Your consent.

Any notice made or given under these Terms must be in writing. A notice is deemed to be received by the recipient upon receipt of the notice to its nominated email address. Any notice We may send to You will be via email to the address used to sign-up to the Services on Our Website. Any notice You send Us will be to support@lawtap.com. Notice will be deemed to be received when the sender sends the email unless the sender has received an automated message confirming the email has not been delivered, or the email has been sent after 5pm on a day that is not a Business Day. Where the email has been sent after 5pm or on a day that is not a Business Day it will be deemed to have been delivered at 9am the following Business Day.