PLEASE NOTE THE LAWPATH PLATFORM IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE. ANY INFORMATION, DOCUMENTS OR OTHERWISE OBTAINED FROM OR PROVIDED BY LAWPATH IS GENERAL INFORMATION AND IS NOT LEGAL ADVICE. YOU SHOULD ALWAYS SEEK LEGAL ADVICE FROM A LEGAL PROFESSIONAL BEFORE CREATING, USING OR RELYING ON OUR SERVICES AND DOCUMENTS. [PLEASE NOTE: YOU MAY ACCESS LEGAL PROFESSIONALS AND LEGAL ADVICE DIRECTLY WHEN YOU PURCHASE CERTAIN LAWPATH SUBSCRIPTIONS OR USE OUR LAWYER MARKETPLACE]
— ALL LAWPATH SUBSCRIPTIONS WILL AUTO-RENEW UNLESS CANCELLED BEFORE THE RENEWAL DATE. FOR MORE INFORMATION SEE BELOW —
Client means the users who are given the opportunity to purchase the Services; A Client may be a Legal Plan Member or a Member;
Intellectual Property means all intellectual property rights of whatever nature anywhere in the world conferred under statute, common law or equity and includes rights in respect of or in connection with copyright, whether or not registered or registrable, and includes the right to apply for or renew the registration of such rights;
Lawpath, we and our refer to Lawpath Operations Pty Limited (ACN 163 055 954);
Legal Professional means an Australian lawyer with a valid practising certificate in one of the Australian States and Territories or other professionals qualified to provide legal services (e.g., migration agent, conveyancer, patent attorney or trade mark attorney);
Legal Documents means the document templates that can be found on the Website;
Legal Plan means the Lawpath legal subscription plan that a Client can access for a fee;
Legal Plan Member means a person who has registered for the Lawpath Legal Plan;
You and your refer to an individual, company or organisation that has visited, read or is using the Website and/or its associated products or services.
2. About the Website
2.1 The Website is a platform that provides technology powered legal facilitation products and services to Clients and Legal Professionals, which includes, but is not limited to:
(a) subscription to access all Legal Documents during the subscription period and may, depending on the types of plan sold on the Website, include other features such as online secure storage, legal health check, workflows, Legal Advice Plans and automated easy Employee Share Scheme (“ESS”) creation (see Part A and additional sections);
(b) Introduction to Lawyers/Quoting Services (see Part B); and
(c) company and/or ABN registration (see Part C). (collectively, referred to as the “Services”).
2.2 The Website is provided and operated by Lawpath. Access to and use of the Website, or any of its associated products and/or Services, are provided by Lawpath and/or relevant third parties. Access to and use of any third party products and/or services through the Website are subject to these terms and conditions (the “Terms“) and any third party terms referenced herein or brought to your attention during your use of the Website and/or its associated products or services.
2.4 Lawpath reserves the right to review and change any of the Terms by updating this page at its sole discretion at any time. Any changes to the Terms will take effect immediately from the date of their publication. Your access and use of the Website after Lawpath makes any changes constitute your acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Website and any of its associated products or Services immediately.
3.1 In order to access the Services, you are required to register for an account with Lawpath (“Member Account“).
3.2 If you are a Client, in order to create a Member Account, you are required to provide Lawpath with:
(a) your personal information such as your name, address, email address, phone number and location;
(b) a username; and
(c) a password.
3.3 If you are a Legal Professional, in order to create a Member Account, you may be required to provide Lawpath with:
(a) your personal information such as your name, your email address, your contact number, and the email address that you would like the quote requests sent to;
(b) your firm’s details such as the name of your firm, the address of your firm, a short description of your firm;
(c) your title at the firm;
(d) your qualification, including where you are admitted to practice and your post-qualification experience;
(e) the areas of law you practise;
(f) a brief description of your skill set;
(g) your headshot for your profile; and
(h) a review from your recent client.
Once your application is submitted, Lawpath will approve your application as quickly as possible. Depending on the number of applicants, approval time can range from 24 hours to two (2) weeks. As a Legal Professional, you are prohibited from becoming a Legal Plan Member.
3.4 Once you have completed the registration process you will be a registered member of the Website (the “Member”) and you agree to be bound by the Terms.
3.5 You warrant that any personal and/or registration information you provide to Lawpath will always be accurate, correct and up to date. You must immediately notify Lawpath if your registration details change.
3.6 You understand that by supplying Lawpath with your address, email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from Lawpath in order to keep you informed about Lawpath activities. If you do not wish to receive updates from Lawpath, you may contact Lawpath at [email protected].
3.7 You may not register for an account and may not use the Services if:
(a) you are not of legal age to form a binding contract with Lawpath; or
(b) you are a person barred from using the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
3.8 By registering for a Member Account or using the Services, you represent and warrant to Lawpath that:
(a) you have reached the legal age in your jurisdiction;
(b) you have the right, authority and capacity to agree to and abide by the Terms;
(c) if you are registering with Lawpath or purchasing the Services on behalf of a business, that business is taken to have accepted the Terms and you are taken to have been duly authorised to bind the business; and
(d) you will use the Website in a manner consistent with any and all applicable laws, regulations and all other Lawpath policies.
4. Obligations of Member
4.1 As a Member, you agree to comply with the following:
(a) not to share your Member Account with any other person, except where you are registering on behalf of a business, in which case you may share the Member Account with the employees or other registered owners of the business for the legal needs of that business;
(b) use the Website only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) maintain the confidentiality of your Member Account and all the activities under your account;
(d) notify Lawpath immediately following any unauthorised use of your Member Account or any other breach of security;
(e) not expressly or impliedly impersonate another Member or use the Member Account or password of another Member at any time;
(f) subject to clause 4.1(a), access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing or receiving the Services;
(g) not to use the Website or Member Account for any illegal and/or unauthorised use, including, but is not limited to, collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(h) that commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of your Member Account or the provision of the Services to you; and
(i) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5.1 A Client may purchase the subscription services via the Website or the “Upgrade Subscription” link made available on the dashboard of the Member Account. The Website will then display the different types of subscription plans, which the Client can then choose to purchase. By clicking “Upgrade” and making the payment, the Client will be a Legal Plan Member.
6.1 Depending on the type of subscription plan purchased by the Client, the Lawpath subscription services provide the following benefits:
(a) access to Legal Documents, including Workflows, Esign and ESS documents (see clause 7);
(b) secure online storage of Legal Documents (see clause 8); and
(c) legal health check (see clause 9).
7.1 A Client may access the Legal Documents and/or samples during their subscription period via the Client’s Member Account. The Client is solely responsible for the completion and use of the Legal Document. Lawpath does not provide any warranties or guarantees regarding the Legal Documents. If you have any questions or concerns regarding the use or legal enforceability of a Legal Document, you must seek independent legal advice which can be obtained via our Quoting Services specified at Part B. You are solely responsible for determining if a Legal Document is fit for your specific purposes. Legal Documents are created by you via a dynamic questionnaire, you are solely responsible for completing the questionnaire and building the document. You agree that a Legal Document’s content/clauses/signatures will vary based solely on your answers. Lawpath does not monitor or review if a Legal Document is complete or correct. Lawpath is not responsible for any mistake that you make in understanding the dynamic questionnaire or how to answer the questions. You are solely responsible for determining if a Legal Document you have created based on your preferences meets your legal requirements. Lawpath provides Legal Documents and samples for general information purposes only and you are solely responsible for determining if the Legal Document/template and its content/clauses are current and appropriate in your specific circumstances.
7.2 Where a Client accesses a Legal Document, the Client is granted a non-exclusive, non-transferable, limited licence to access and use that Legal Document for the Client’s own personal use. You acknowledge that the Information on the Website and Legal Documents created may contain mistakes, inaccuracies and/or errors. Lawpath expressly excludes any liability for such mistakes, inaccuracies and errors to the fullest extent permissible by law. You should carefully review any Legal Document accessed or created through the Website to ensure that it does not contain any mistakes, inaccuracies or errors and is appropriate to your specific circumstances. The law may be different in each state and territory of Australia. Also, the law regularly changes. Whilst Lawpath tries to keep up to date with these changes, this is not always practically possible and updates may not be immediate. As stated above, If you have any questions or concerns regarding the use or legal enforceability of a Legal Document, you must always seek independent legal advice before use.
7.3 The Client must not:
(a) use the Legal Documents in any way that infringes the copyright or proprietary interests therein;
(b) remove or obscure any copyright notice, licence notice or other notices contained in the Legal Documents; and/or
(c) copy, produce, sell or distribute the Legal Documents to third parties for commercial purposes.
8.1 The storage service is intended to provide a record of, and not to serve as a repository for, original documents created or uploaded to the Lawpath Platform (the “Vault Documents”). Lawpath accepts no liability or responsibility for the preservation of Vault Documents. Lawpath reserves the right to store Vault Documents in any format, whether digitally or otherwise. You acknowledge that in using the Services you have exclusive control and responsibility for the content of all Vault Documents, including any documents used in conjunction with the Services. When using the e signature feature you acknowledge that certain types of documents, agreements, or contracts may be excluded from general electronic signature laws (such as wills, trusts, court orders, or family law matters), or may have specific regulations that are applicable to them. You are solely responsible for ensuring that the documents, agreements or contracts it uses with the Services are appropriate for electronic signatures and Lawpath is not responsible or liable for any such determination or use. Consumer protection laws or regulations may impose specific requirements for electronic transactions involving consumers, You are solely responsible for ensuring it complies with all such laws/regulations, and Lawpath has no obligations to make such determination or assist with fulfilling any requirements listed in this clause. You retain the rights, title, and interest (including any intellectual property rights) in and to any Vault Documents that you upload to the Lawpath Platform. You grant Lawpath a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify, and create derivative works of the Vault Documents to the extent necessary to provide the Services. You expressly authorise Lawpath to use and share certain data (including but not limited to, name, email, IP address and browser) with your e signature recipients when you send or receive e signatures requests linked to your Lawpath account.
8.2 Lawpath encourages the Legal Plan Member using the storage services to:
(a) retain all the original documents in their own possession;
(b) not to store with Lawpath original documents; and
(c) preserve original documents in a secure and safe location outside of the Lawpath Website.
9.1 Upon signing up, a Legal Plan Member is entitled to a complimentary Legal Health Check.
9.2 The Legal Health Check is intended to identify legal gaps in the Legal Plan Member’s business and then make recommendations of the products and services that the Legal Plan Member may need.
9.3 The Legal Health Check Service consists of the Legal Plan Member completing an online questionnaire and the Lawpath software subsequently analysing the information being provided in order to identify any legal gaps in the Legal Plan Member’s business and to make recommendations for the Legal Plan Member.
9.4 The recommendations and/or analysis provided by the Legal Health Check software are for informational purposes only and they do not in any way constitute legal advice. Lawpath encourages the Client to seek independent legal advice from a Legal Professional prior to carrying out any recommendations.
10.1 Lawpath services are subject to Reasonable Use to prevent exploitation, fraud, and abuse of our unlimited plans and features.
10.2 Our Services are subject to reasonable use, which under this Agreement is use that Lawpath deem as reasonable within our sole discretion and judgement (“Reasonable Use”).
10.3 For subscriptions that specify that document downloads are ‘Unlimited’, you agree that the use of the term ‘Unlimited’ in describing such services is subject to Reasonable Use. You must only use the Service and Website for your own lawful internal business purposes. If Lawpath suspects that the number of documents downloaded is an abuse of our Service in an excessive manner, Lawpath reserves the right to contact you and to discontinue services to you if Lawpath deem necessary in relation to the above.
11.1 The Client may not transfer or assign its subscription or the benefits associated with the Legal Plan to any other person.
12.1 Lawpath may, in its sole discretion, accept or refuse to provide its products and/or services to you at any time and for any reason.
12.2 Lawpath reserves the right to change the benefits provided in the Legal Plan and to limit the use of the subscription services, at any time, in its sole discretion, with or without notice, including but is not limited to, limiting the number of Legal Professional connections the Client may receive in a given period of time.
13.1 The Lawpath Introduction Service uses an online platform to facilitate engagement between Legal Professionals and Clients seeking legal assistance. The Introduction Service provides Clients with access to Legal Professionals on the Lawpath platform. The online self-service system is to be used by the Client and Legal Professional to facilitate connection, engagement and payment of legal services. Lawpath provides the software (only) to facilitate this transaction and is not a party to the transaction.
14.1 Submission of a quote request
(a) A Client may submit a quote request (an invitation to tender) by completing a form provided by the Website or the Lawpath Platform.
(b) When completing the form, the Client must provide a sufficiently detailed description of the Client’s legal requirements and any other relevant information and/or documents.
(c) Submitting a quote request does not form a lawyer/client relationship and is not protected by legal-client privilege. Notwithstanding the same, Lawpath takes every reasonable effort to ensure the privacy of briefs and other personal messengers on our Website, however, Lawpath cannot guarantee confidentiality.
14.2 Receipt of quotes from Legal Professionals
(a) Upon submission of a quote request, the Client will receive a fixed priced quote from the Legal Professional (the Offer).
(b) The Legal Professionals are provided with your contact details including your name, email and phone number in order to make contact and scope the quote request. You agree that by submitting a quote request, you consent to these Legal Professionals contacting you. You may receive a call from each individual Legal Professional that has been given the opportunity to quote.
(c) The independent quoting Legal Professional will specify the scope of work, time frame, fee (the “Fee for Service”) and the name of the solicitor responsible in the quote. The Fee for Service comprises of professional fees, disbursements, and a transaction fee retained by Lawpath.
(d) The Client should not rely on any information contained in a quote and in no way should it be seen as specific legal advice.
14.3 Acceptance of the quote
(a) By making the payment, the Client is taken to have accepted the quote.
15.1 Receipt of a quote request
(a) When a Client submits a quote request, the Client has made an offer to tender and the Legal Professional may receive an email and a text about the quote request instantaneously, where the Legal Professional has provided an Australian mobile telephone number and/or email address.
15.2 Making an offer to the request
(a) The Legal Professional may make an offer within four (4) business hours from receipt of the quote request. However, the Legal Professional acknowledges that the quote submission process will close after the first three Legal Professionals have submitted their quotes.
(b) In making an offer, the Legal Professional is required to:
(i) provide his/her personal and/or company details (such as email address and the name of the firm);
(ii) specify the professional fees (excluding GST) and any government or non-government disbursements fees;
(iii) specify the scope of work; describe in detail what is included in the scope of work; and specify what types of work are included in the scope (such as phone advice, letter of advice, review, drafting, negotiation, face-to-face meeting or other); and
(iv) specify the timeframe for completion. The Legal Professional acknowledges that if no time frame is specified, he/she will complete the work within a reasonable period of time.
15.3 Upon completion of the quote, Lawpath will automatically add its transaction fee to your quoted amount. It is your responsibility as a Legal Professional to notify your Client of the transaction fee paid to Lawpath. The Legal Professional agrees that they have no right to any fees until the services are complete.
16.1 A client / lawyer relationship is established once initial contact has been made between the Client and Legal Professional, and where the Legal Professional is required to provide a costs disclosure and/or costs agreement, then the engagement only takes place after the costs agreement has been accepted by the Client pursuant to the terms and conditions of the costs agreement and disclosure agreement. Lawpath is not a party to the client/lawyer relationship.
16.2 The scope of the job is strictly limited to the matter agreed upon in the quote unless the Client and the Legal Professional have agreed on a new engagement.
17.1 Upon completion of the professional services,
(a) the Legal Professional is required to ‘mark job as complete’ in their Lawpath account and issue an invoice to Lawpath stating the quote number, the Client’s name, and the quoted amount. This may take the form of an automated recipient created tax invoice. However, the invoice can only be issued to Lawpath after the work has been completed; and
(b) the Client is required to mark the job as ”complete” from within his/her account. This, and only this will trigger the release of the funds to Lawpath and the Legal Professional.
17.2 If a Client does not mark the job as “complete” but the work has been completed, the Legal Professional can request for the funds to be released. The Client must consent to, or reject, the release of the funds within 48 hours of the request being made. Lawpath will work with the Client and Legal Professional to facilitate the approval.
17.3 Both the Client and Legal Professional acknowledge that Lawpath will only release the funds in accordance with the Terms.
17.4 For the avoidance of doubt, if there is a dispute relating to the professional services being provided under the Quoting Services, the dispute resolution procedures set out in clause 35 apply.
17.5 The Legal Professional acknowledges that payment may take up to 30-day from the date of the invoice or from the date the invoice is required to be paid, whichever is later.
17.6 By using the Lawpath Platform a Legal Professional agrees to allow Lawpath to act as an agent pursuant to Subdivision 153-B of A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”) for the sole purpose of any GST consequences in relation to Legal Services and any other services contained in these Terms and Conditions (“Agency Supplies”).
17.7 The parties mutually agree that pursuant to the GST Act that Lawpath shall make supplies on behalf of a Legal Professional and for the purposes of GST all supplies made through Lawpath under these Terms and Conditions will be treated as having being made by Lawpath and not a Legal Professional. The concept of agency only applies for the purposes under Subdivision 153-B of A New Tax System (Goods and Services Tax) Act 1999 and does not infer any type of agency or agent relationship between the parties.
17.8 For the avoidance of doubt this means that Lawpath will be treated as making Agency Supplies to Legal Plan Members and the Legal Professional will be treated as making corresponding supplies to Lawpath. Lawpath will issue to Legal Plan Members in Lawpath’s own name all tax invoices and adjustment notes relating to Agency Supplies. The Legal Professional will not issue to Legal Plan Members any tax invoices and adjustment notes relating to those Agency Supplies.
17.9 This agreement between Lawpath and a Legal Professional will cease to have effect if the Legal Professional or Lawpath cease to be registered for GST.
18.1 The Legal Professional understands that it is important for the Legal Professional to be precise in describing the scope of the work as it will be relied upon by the Client.
18.2 The Client acknowledges that the Legal Professional is not required to perform any work that falls outside the scope of the work provided. Where there are changes to the instructions or where there is additional work, the Legal Professional is entitled to charge additional fees and must notify Lawpath prior to providing a further quote for additional services.
18.3 The Legal Professional is required to comply with the professional obligations which apply to them such as providing a Costs Agreement and Disclosure Statement where applicable. If required the following disclosure applies:
The following section acts as a basic costs agreement and disclosure pursuant to the applicable Legal Profession Uniform Law (“the Uniform Law”). You can request a full cost agreement and disclosure from a quoting lawyer at any time. The scope of work, time frame, fee and solicitor responsible are set out in each Quote. The quote includes a Professional Fee and a Transaction Fee. You acknowledge that LawPath receives a Transaction Fee for the services provided. Please read this disclosure in conjunction with the Quote available in your Lawpath account.
Acceptance and Payment
You may accept the Quote and Costs Disclosure and Costs Agreement by notifying LawPath or paying the quote. Payment must be made on an upfront basis. Legal services will only commence once payment or transfer is confirmed by LawPath. A tax invoice will be issued and sent to your registered email upon payment.
Notification of Rights
The Legal Profession Uniform Law requires that all quotes and invoices be accompanied by a notification of rights. This notification is provided to you on behalf of the quoting lawyer. The following avenues are available to you if you are not happy with the quote:
There may be other avenues available in your State or Territory (such as mediation). For more information about your rights, please contact your local law society or law institute (or visit their website). Please be aware that when hiring a Legal Profession via Lawpath there is a referral fee paid by the Legal Profession to Lawpath.
18.4 The Legal Professional understands and agrees that the quote requests are provided on an ad hoc basis and that Lawpath has no obligation to provide any quote requests to the Legal Professional.
19.1 Lawpath does not provide nor charge for legal services. Lawpath is entitled to charge a transactional fee for each job facilitated by Lawpath in exchange for the introduction services Lawpath provides to Clients. If a Client is either unwilling or unable to make payment via Lawpath, the Legal Professional agrees to notify Lawpath of any new payment arrangements.
19.2 A Client accepts the quote request from a Legal Professional by making payment via the automated electronic payment system provided on the Lawpath website or notifying Lawpath of the acceptance. You acknowledge that Lawpath facilitates the payment processor only and is in no way an agent of the Legal Professional (other than under 153-B of A New Tax System outlined below). Lawpath has no authority to act on behalf of the Legal Professional. If a Client or Legal Professional believe that any type of Agency agreement is created they must not use the services.
19.3 A Client retains control of all fees and payments via an automated payment system provided to them via Stripe Inc. You (the Client) agree to be bound by the terms of Stripe that can be found at (https://stripe.com/en-au/privacy). This automated system holds the funds on behalf of a Client only and ONLY releases any payments for professional services to the Legal Professional or Lawpath upon the Client’s approval and consent. Funds are held in a separate balance account for each Client. If required, these terms act as a written direction from a Client to hold the funds within the payment processor (under their control), until the matter is complete.
19.4 Any and all payments are NOT available to Lawpath or the Legal Professional until the Client releases the funds at their discretion via this automated account. Lawpath or the Legal Professional has no right, control or power over the payment until it is released by the Client by clicking ‘release’ funds within the Client’s online account. Until released, any and all funds are not available to Lawpath or the Legal Professional. Once released, the funds will be sent to Lawpath and the Legal Professional’s nominated bank accounts. Until released, a Client has full access to the funds and can request the immediate return of any payment from Stripe by contacting [email protected]
19.4 The Client authorises Stripe and/or any other nominated payment processor used by Lawpath to hold the funds on their behalf until they (the Client) release the funds via their account to Lawpath and the Legal Professional. Stripe and/or any other nominated payment processor can only act on the Client’s behalf and not the direction of Lawpath or the Legal Professional. For the avoidance of doubt, Lawpath or the Legal Professional have no power or control over the funds until released by you (the Client). You agree to release the funds to Lawpath and the Legal Professional once the job is completed and you are satisfied.
20.1 If a Client unsatisfied with the work being performed by the Legal Professional through the Quoting Services, the Client must contact Lawpath at [email protected] within 14 days from the date the Client receives the work in question.
20.2 Lawpath guarantees that it will hear the Client’s complaint and discuss the Client’s complaint with the Client. If required and requested by the Client, Lawpath will also attempt to negotiate a resolution with the Legal Professional involved.
20.3 If the Client is still unsatisfied with the outcome, Lawpath will negotiate with the Client in good faith, however, Lawpath’s liability to the Client will be limited pursuant to clause 31.1.
21.1 Lawpath offers Company Incorporation services, Business Name registration services, Australian Business Number (ABN) registration services, Tax File Number (TFN) registration and Goods and Services Tax (GST) / PAYG registration services (the Services).
21.2 To complete the Services, a Client is required to complete an online registration process. The information provided during the registration is solely your responsibility. You may be required to confirm your identity via evidence if an application is deemed potentially fraudulent. Any information provided to you during the application process is not legal advice and only general information.
21.3 It is your responsibility to ensure that the Services listed in Part C and available on the Website meet your requirements. Before acting on any information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary. Information provided on the Website and Services must not be relied upon for legal decisions, you should instruct a solicitor for legal advice and services.
21.4 You acknowledge that the Information on the Website and documents created as part of the registrations may contain mistakes, inaccuracies and/or errors. Lawpath expressly excludes any liability for such mistakes, inaccuracies and errors to the fullest extent permissible by law. You should carefully review any document accessed or created through the Website to ensure that it does not contain any mistakes, inaccuracies or errors and is appropriate to your circumstances. We recommend that you obtain legal advice from a qualified solicitor in relation to the information that you enter in your application and the documents you receive once registered.
Australian Company Number (ACN) Applications
21.5 Company incorporation services and business name services are submitted through the Australian Securities and Investment Commission (ASIC). Once submitted, modifications or alterations to an applications are not possible unless rejected by ASIC. Retracting or withdrawing a submitted application is not possible unless rejected by ASIC. ASIC can request a manual check of any application and this will result in a delay in your application being processed. ASIC server issues and other technical issues outside of Lawpath’s control can also lead to delays. Lawpath cannot be held accountable for any delay in the registration outside its control.
21.6 Lawpath has no control over whether ASIC accepts or rejects an application. Lawpath will endeavour to work with ASIC and the Client to finalise the application.
21.7 Associated documents will be completed with information you provide and are solely created on your input and not Lawpath’s. You can access these documents from your Lawpath account after the application. You may not use or copy any of the provided company documentation except for the purpose for which they were ordered.
As part of your Company registration purchase you may choose to include a Lawpath Legal Plan. By choosing to include this Legal Plan you are bound by the Subscription terms set out in Part A.
ABN Registration Terms
21.8 ABN applications are made through the Australian Tax Office (ATO) via Lawpath’s third party provider. There may be a delay in the registration of your ABN due to the ATO holding your application for further checks, ATO server issues, technical issues or other issues outside of our control. The ATO may take up to 28 days to make a decision on an ABN application. Lawpath has no control over the speed that the ATO may process the application however if an application is held, Lawpath and its third party provider may communicate with the ATO on your behalf. In the event that your application cannot be lodged electronically Lawpath will refund the service fee. Lawpath will advise you of your ABN by email or in your Lawpath account, the ATO will advise you of your TFN, GST and PAYG status in the post by sending it to your registered office address. Lawpath is not responsible for verifying that the ATO has processed these applications. When making an application on your behalf Lawpath and its third party provider will allocate the primary director/shareholder as the authorised contact (Public Officer). Lawpath’s third party provider will become your default ATO Tax Agent upon registration. You can change this or the authorised contact at any time by calling the ATO or sending the template ‘Letter to the Commissioner of Taxation’ with the updated authorised contact details.
21.9 Lawpath will provide a suite of documents with your Lawpath ACN application. These documents are created from master documents and using the information you provide in your application. Certain clauses and information from the master documents are included in your documents depending on the answers you provide. You are fully and solely responsible for the information included in an application as a result of the answers you give to the questions. Lawpath is not responsible for any mistake that you make in understanding the questions or how to answer them.
21.10 Once an application is submitted to ASIC there is no refund or exchange available. Lawpath may provide a refund at its absolute discretion, in exceptional circumstance. Once an application is submitted to ASIC it is unlikely that a refund, return, or exchange can take place. You agree that to apply for a refund, a return, or an exchange, you must contact Lawpath before the application is submitted to ASIC and / or write to us setting out your contact details, reason for return / refund / exchange, copies of all of your documents and any other information or materials we ask for that we believe is relevant to our decision.
22.1 Lawpath Website provides suggestions on the Legal Documents and/or legal services that the Client may need based on the Client’s recent purchase records and/or other Clients’ actions by using an automated software.
22.2 The suggestions are generated by an automated software and thus are for informational purposes only. The suggestions do not in any way constitute legal advice. Lawpath encourages the Client to seek independent legal advice from a Legal Professional in your state, prior to using any services or Legal Documents. Lawpath is in no way responsible or liable for the suggestions generated by an automated software.
23.1 As part of the Services, the Website provides Clients with the opportunity to rate and review the Legal Professionals in order to assist other Clients to assess whether the Legal Professional is a person who they might engage. The ratings and reviews will be listed on the respective Legal Professional profile.
23.2 The Clients may rate the Legal Professionals out of five stars. The rating for a Legal Professional will then be calculated as an aggregate of all ratings provided by the Clients (the “Rating System”).
23.3 These reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future legal matter. Lawpath will have no responsibility or liability of any kind for any content or legal advice you encounter on or through the Website, and any use or reliance on the content or legal advice is solely at the Client’s own risk.
23.4 Lawpath only facilitates the Rating System and is not responsible for any rating and/or review listed on the Legal Professional profile. If a Legal Professional has a complaint in relation to a rating and/or review made by a Client, the Lawyer must contact us at [email protected]
and identify which rating and/or review the Legal Professional wishes to make a complaint about and provide Lawpath with evidence why the Legal Professional believes that the rating and/or review is untrue or should be changed, altered or removed. Upon receipt of the complaint from the Legal Professional, Lawpath may, at is absolute discretion, change, alter or remove the rating and/or review. However, if Lawpath does not change, alter or remove the rating and/or review as requested by the Legal Professional, under no circumstances will Lawpath be deemed to have published the rating and/or review and the Legal Professional acknowledges that the rating and/or review is User Content as defined in clause 28.2 and Lawpath’s liability is limited in accordance with clause 28.2 and 31.3 of these Terms.
24.1 Payment for Services other than the Subscription services
(a) The Client must make payment for the Services prior to the commencement of the Services.
(b) The Services will only commence once payment is confirmed by Lawpath.
24.2 Payment for Subscription Services
(a) Subscription Fees
(i) The Client will be charged in accordance with the billing terms in effect at the time of the Client’s initial purchase, unless the Client is notified of a fee change in accordance with “Fee Adjustments” below.
(ii) For any Legal Plan the Client purchases that is charged in full upon purchase, the Client agrees that for each renewal term for such Legal Plan, the amount due for the next term will be due and immediately payable in full as at the first day of that renewed term.
(iii) For each Legal Plan, the Client’s charge remains for each term no matter if the Client access the Website during that term. For the avoidance of doubt, not using the Legal Plan or speaking with a Legal Professional does not make the Client eligible for any type of refund or rebate.
(i) To allow payment for the initial term of a Legal Plan, valid credit card information is due at the time of purchase.
(ii) If the Client has purchased an automatic renewing plan from Lawpath, the Client’s Legal Plan subscription will renew automatically at the end of the initial term (the “Billing Date“) and at the end of each term thereafter unless and until the Client completes the cancellation form within the settings tab of their Lawpath account. If the Client does not complete this form, the Client’s credit card will be charged for the renewal term of the Legal Plan subscription on the Client’s Billing Date.
(iii) Lawpath will not hold your card details; we use the PCI compliant payment gateway provided by Stripe – your card details will be held by Stripe.
(iv)Lawpath uses the Smarter Saved Cards function provided by Stripe. Stripe works directly with card providers to up-date the details of replaced cards (E.g. if a card goes out of date or is lost and then replaced); you should not assume that when your card expires your subscription is immediately cancelled.
(v) If the Client’s purchase date is on the 29th through 31st day of any month, the Client’s Billing Date for renewals in months with fewer days will fall on the last day of the month. Lawpath may adjust the Client’s Billing Date in subsequent renewal periods without notice. This will be reflected by a charge to the Client’s account on a pro-rated basis according to the number of days that have passed since the Billing Date of the Client’s latest renewal charge. Unless otherwise notified in advance by Lawpath pursuant to the Terms, the renewal charge will be equal to the original purchase price for the Legal Plan.
(vi) The Client agrees to pay Lawpath the fees associated with the Client’s Legal Plan subscription. Additional discounts may be available for Members purchasing multiple months up front, as part of certain promotions which may include additional terms and conditions presented with the offer, or where limited by law.
(c) Card Surcharges
By proceeding with a payment to Lawpath, you acknowledge and agree that your nominated card may incur a surcharge.
(i) We impose a surcharge to cover the transaction costs associated with card payments and will only apply to payments made using a credit or debit card (including Visa, MasterCard, American Express). Direct debit or other forms of accepted non-card payment methods are exempt from this surcharge.
(ii) We will prominently display information regarding the card surcharge and amount at our point of sale, on our website, or through other communication channels as deemed appropriate. The surcharge is calculated based on a percentage of the total transaction amount.
(iii) We will comply with all applicable laws and regulations regarding card surcharges, including but not limited to any restrictions or limitations imposed by local, state, or federal authorities.
(iv) We reserve the right to modify the terms and conditions related to card surcharges, including the surcharge amount or calculation method. Any modifications will be communicated to you in advance, and continued use of card payment methods will constitute your acceptance of the modified terms.
(d) Promotional Trial Memberships
(i) Lawpath sometimes offer certain Clients various trial or other promotional memberships, which are subject to this Agreement except as otherwise stated in the promotional offers.
(ii) At the completion of a trial membership, unless the Client chooses to cancel by completing the cancellation form within the settings tab of their Lawpath account, your legal plan subscription will renew automatically, at the full price of the plan or at the initial trial price of the plan, and the Client’ credit card will be charged to begin your initial term.
(e) Beta Membership
(i) Lawpath may offer a beta membership to initial subscription customers.
(ii) At our sole discretion, Lawpath may offer this beta subscription at a discounted price.
(iii) The maximum period of discount on a beta subscription is six (6) months.
(iv) At the completion of this 6 months of beta subscription, unless the Client cancels the subscription, the Client’s Legal Plan subscription will renew automatically to the full price (non-discounted) and the Client’s credit card will be charged to begin the initial term.
(f) Fee Adjustments
(i) Lawpath may increase its fees for any Legal Plan subscription effective the first day of a renewal term by giving the Client notice of the new fees at least thirty (30) days before the beginning of the renewal term.
(ii) If Client does not cancel the subscription pursuant to clause 34.2(b), the Client shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Reductions in fees become effective on the next renewal term without any pro rata for the period covered under the prior fee schedule.
24.3 Lawpath may provide a tax invoice to the Client’s registered email upon payment for the Services. The provision of such tax invoice does not in any way mean that Lawpath is providing legal advice to you or is holding itself out as a provider of legal advice.
24.4 Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with the Terms, are listed in Australian Dollars (AUD) and are GST exclusive.
25.1 Lawpath may, in its sole discretion, create promotional codes that may be redeemable for account credit or discounted services. A promotional code used to pay for Legal Professional Services does not infer that Lawpath is paying any legal fees. Using a promotional code in no way established a Client / Lawyer relationship.
25.2 Promotional codes may not be duplicated, sold or transferred in any manner, or made available to anyone but its intended recipient. Lawpath at its sole discretion can redeem or refuse promotional codes at anytime, for any reason.
26.1 If a Client is unsatisfied with the Services the Client has purchased, the Client may notify Lawpath within 30 days of initial point of purchase and Lawpath will attempt to resolve the Client’s concerns – this does not include subscription renewal. Please note that a refund is not guaranteed. Lawpath, at its sole discretion, may or may not provide a refund of the fee to you.
26.2 If a Client is unsatisfied with the Legal Advice Plan the Client has purchased and has not booked any consultations or created any documents, the Client may notify Lawpath within 30 days of the initial point of purchase and Lawpath will attempt to resolve the Client’s concerns. Please note that a refund is not guaranteed. Lawpath, at its sole discretion, may or may not provide a refund of the fee to you.
26.3 Notwithstanding clause 25.1, if the Client terminates the engagement prior to the work being completed, the Client will be required to pay for the professional fees and charges for work done, and for expenses and disbursements incurred, up to the date of termination, and any transaction fees charged by Lawpath.
27.1 In this clause, “Confidential Information” means any documents or information created, received or obtained by the Client from or on behalf of the Legal Professional, Lawpath or any other party in respect of any consultation. In relation to Lawpath, it also includes all non-public information pertaining to Lawpath’s business (including, without limitation, our pricing information, the identity or participation of specific Legal Professionals, and any content marked confidential) is Confidential Information.
27.2 By accepting the Terms, you acknowledge and agree that you will not, during the course of the engagement or thereafter, use, disclose, solicit, or misappropriate any Confidential Information, trade secrets, or other proprietary information that belongs to any third-party, except with the prior written consent of that party or as required by law.
28.1 Legal Professional’s Non-Solicitation of Clients
(a) Where a Client (which includes his/her/its employees, agents, representatives, related entities or associated entity (as defined in the Corporations Act 2001) contacts a Legal Professional for the engagement of further legal services outside the Lawpath Website, the Legal Professional must during the period of 12 months after first being introduced to the Client by Lawpath, direct the Client to engage the Legal Professional via the Website. Lawpath will remove a Legal Professional if they are found not to be directly Clients back to the Website. In the event the Legal Professional retains the Client outside the Website, the Legal Professional acknowledges and agrees that the Legal Professional is liable to Lawpath for the equivalent of 30% (less GST and disbursements) of all services rendered by the Legal Professional to the Client during the above mentioned period of 12 months. Where the Legal Professional has agreed to offer his/her services on a No Win, No Fee basis or deferred payment arrangement, the Client and the Legal Professional grant a charge in favour of Lawpath over any settlement sums or judgment amount with respect to any legal proceedings for which the Legal Professional acts for the Client.
(b) For the avoidance of doubt, for any Lawpath the Legal Professional must use the Website and/or Services as their exclusive method to be retained by the Client unless Lawpath agrees otherwise in writing.
28.2 Both the Legal Professional and the Client grant Lawpath the right to examine the books, accounts and records of the Client and the Legal Professional, all at such reasonable times as may be requested by Lawpath to ascertain whether the Client or the Legal Professional are in breach of this clause 28 and the Client and the Legal Professional agree to deliver up a copy of the Legal Professional’s Costs Agreement and Disclosure Statement within 7 days from Lawpath’s written request.
28.3 Both the Legal Professional and the Client acknowledge and agree that this clause 28 is fair and reasonable under the circumstances and these restraints are reasonably necessary to protect Lawpath’s business interests as it has expended significant resources in advertising, marketing and staffing to make its Services possible.
29 Website Content
29.1 You may read and copy the information on Lawpath for your own needs but you may not publish, resell or sub-licence it. Lawpath makes no guarantees, representations or warranties about the accuracy or legal correctness of any of the information on Lawpath.
29.2 User content
(a) In this clause, “User Content” means any and all information and content that a Client, Legal Professional, or visitor of the Website, submits to or uses with the Website.
(b) Lawpath does not claim ownership of your User Content. Lawpath makes no guarantees about the User Content and Lawpath does not endorse or accept any responsibility for the User Content
(c) You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy or completeness.
(d) You represent and warrant that your User Content does not violate any third party licenses.
(e) By posting a content onto the Website, you expressly grant to Lawpath and its successors an irrevocable, non-exclusive, transferrable, sub-licensable, perpetual, royalty-free, worldwide license to broadcast, republish, up-load to a third party, transmit, post, distribute, publicly display, and otherwise use and exploit your de-identifiable User Content. This license does not grant Lawpath the right to on-sell User Content. You hereby irrevocably waive any claims and assertions of moral rights with respect to your User Content.
(f) Lawpath reserves the right to review, remove or amend any User Content, but Lawpath does not have the legal obligation to do so.
(g) Information on the Website is no substitute for professional legal advice. You should not delay or forgo seeking legal advice or disregard professional advice based on information provided by the Website.
29.3 Third Party Website
(a) Lawpath works with a number of partners and affiliates whose websites are linked with Lawpath and are controlled by parties other than Lawpath (each a “Third Party Website”).
(b) Lawpath is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Website or any changes or updates to such sites. Lawpath makes no guarantees about the content or quality of the products or services provided by such sites. If you have purchased a package that includes any Third Party Services, the third party may contact you by email and/or phone with instructions on how to access your benefits and to keep you informed of their services. You may be required to accept additional terms located on the Third Party Website.
(c) Certain services made available on the Lawpath Website are delivered by third parties. By using any product, service, or functionality originating from the Lawpath Website, you are allowing Lawpath to share information with any third party with whom Lawpath has a pertinent contractual relationship – any information necessary to facilitate its provisions of products, services, or functionality to you.
(d) The Lawpath Lawyer Directory is created using third-party public information. Distribution is encouraged by these third party websites. A copyright notice for the data is listed below when requested by each website. © Legal Services Board + Commissioner, © 2017 Law Society of South Australia, © State of Western Australia 2006, © 2018 The Law Society of Tasmania, Copyright © 2008-2018 Law Society Northern Territory.
30.1 The Website, the Services and all of the related products of Lawpath are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) (the “Content”) are owned or controlled for these purposes, and are reserved by Lawpath or its contributors.
30.2 Lawpath retains all rights, title and interest (including copyrights, patents and trade marks) in and to the Website, Services, products and all related content therein. Unless otherwise indicated, the Terms do not transfer to you any Lawpath or third party’s right, title, and interest in copyrights, patents and trade marks.
30.3 You may not, without the prior written permission of Lawpath and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
30.4 You acknowledge and agree that Lawpath may use your logo, branding or other trademarks (the “Trademarks”) for Lawpath’s marketing efforts. You grant to Lawpath a non-exclusive, non-transferable, royalty free right to use the Trademarks. If you do not wish that your Trademarks be used, you may request for a removal of your Trademarks from Lawpath’s marketing materials by contacting Lawpath at [email protected] Upon receipt of the request, Lawpath will use reasonable endeavours to remove the Trademarks from any future marketing material which is published 30 days from the date of the request.
31.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(a) If you are not a Consumer (under the Australian Consumer Law), you agree that Lawpath has no direct or indirect liability (including in negligence) to you in any way related to your use of Lawpath.
(b) If you are a Consumer (under the Australian Consumer Law), Lawpath limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law.
(c) Where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, Lawpath’s liability to you is limited at its option to:
(i) in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and
(ii) in the case of services, resupply of the services or payment of the cost of re-supplying the services.
31.2 Subject to this clause 30, and to the extent permitted by law:
(a) we exclude all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
(b) we will not be liable for any liabilities, claims, costs and expenses (including legal costs), damage or injury or any special, direct, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
31.3 Use of the Website and the Services is at your own risk. Everything in relation to the Website and the Services are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Lawpath make any express or implied representation or warranty about its Content or any products or Services (including the products or services of Lawpath) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Lawpath;
(d) the Content or operation in respect to links which are provided for your convenience; or
(e) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
32.1 Lawpath’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed:
(a) the most recent fee paid by you to Lawpath for the purchase of the Services under these Terms; or
(b) where you have not paid the fee, then the total liability of Lawpath is the resupply of the Services to you, which shall be capped at a maximum amount of $5,000.00.
32.2 You expressly understand and agree that Lawpath, its affiliates, employees, agents, contributors, third party content providers and licensors shall not liable to you for any
loss or damage, or for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
32.3 Lawpath is not responsible or liable in any manner for any user content or other content posted on the Website or in connection with the Services, whether posted by the Client or by the Legal Professional or by any other third parties.
32.4 Lawpath does not control and is not responsible for the behaviours and actions of its Members, their comments, posts or information that they upload. Accordingly, Lawpath is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter on the Website or in connection with your use of the Services.
32.5 Lawpath is not a law firm, is not engaging in legal practice and does not offer any legal services. Nothing provided by Lawpath is legal advice and you cannot rely on it. You should always consult a Legal Professional to get certainty of your legal rights and obligations.
32.6 Any use of the Lawpath Services is not intended to, and does not, create a lawyer-client relationship. Any communication via Lawpath may not be held confidential and are not bound by legal privilege. Lawpath is not liable for the actions or omissions of any Legal Professionals performing services to you.
32.7 Lawpath is not a lawyer or legal professional referral service. Lawpath does not select or endorse any individual legal professional. While Lawpath uses commercially reasonable efforts to verify that the Legal Professionals have valid practising certificates, it does not make any warranty, guarantee, or representation as to the legal ability, competence, quality or qualifications of any Legal Professionals. Lawpath encourages you to make all necessary enquiries and satisfy yourself as to whether the Legal Professional meets your requirements and objectives.
32.8 You understand that we are not a party to and will not have any liability with respect to your work or engagement with the Legal Professionals. Any claims you have arising out of the legal advice or Services obtained from a Legal Professional is to be brought against the Legal Professional not Lawpath and you indemnify Lawpath from all claims, suits, demands and legal actions arising from any and all disputes between a Client and a Legal Professional.
32.9 Lawpath will have no liability for any failure or delay due to matters beyond our reasonable control.
33.1 You agree to indemnify Lawpath and its officers, directors, employees, sublicensees, agents, affiliates, successors and assigns from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation lawyers’ fees and court costs) which arise out of or relate to your use of the Website and/or Services (including the document templates), including but is not limited to:
(a) any misuse of the Website or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
(b) any act or omission (including negligent acts or omissions) of Lawpath or the Legal Professional in the performance or purported performance of any Services including if you fail to obtain formal advice from an appropriately qualified professional adviser concerning whether the Services (including the document templates) you choose are suitable for its intended purpose or is suitable for your particular circumstances;
(c) your breach of the Terms;
(d) the use of any intellectual property created in respect of the Services not contemplated by the Terms or as a consequence of a breach of the Terms; or
(e) any activity which you engage on or through Lawpath.
33.2 This indemnity will survive termination of the Terms.
34.1 Termination of the Services other than subscription services
(a) Either you or us may terminate the Terms or close the Member Account at any time for any reason by email.
(b) If you want to terminate the Terms, you may do so by:
(i) providing Lawpath with fourteen (14) days’ notice of your intention to terminate; and
(ii) closing your accounts for all of the Services that you use, where Lawpath has made this option available to you.
(c) Lawpath may, at any time, for any reasons, terminate your access to all or any part of the Website or Services, with or without notice.
(d) Your elected termination will be effective upon receipt of the notice of your intention to terminate by Lawpath.
34.2 Termination of the Subscription services
(a)Termination by Lawpath
(i) If payment is not made on the Billing Date, as described above, you will have until the one (1) month anniversary of your Billing Date to correct the credit card information on file and post a payment to your account. If after the expiration of this grace period you have not made any payment on your Legal Plan subscription, your non-payment may result in downgrade or suspension of service and subsequent termination of your Legal Plan subscription.
(ii) Your right to use a Legal Plan subscription is subject to any limits established by Lawpath or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, Lawpath reserves the right, in its sole and absolute discretion, to downgrade, suspend or terminate your access and account, thereby terminating this Agreement and all obligations of Lawpath hereunder. If a charge made to your credit card is declined, Lawpath may make up to five (5) attempts to bill that card over a thirty (30) day period.
(iii) If you wish to reactivate your account after such termination, there will be no setup or reactivation fees; provided, however, accounts terminated for non-payment will be reactivated only on receipt of the full amount past due and a written request to reinstate the account. When an expired account is reactivated, the new term begins on the date of reactivation.
(b) Termination by the Legal Plan Member
(i) You will have the right to cancel or downgrade your Legal Plan subscription by completing the cancellation form within the settings tab of your Lawpath account. After such cancellation, your Legal Plan will remain active until the end of your current contract period.
(ii) Please note that cancelling does affect your ability to access the documents you created on the Lawpath website. If you violate any of Lawpath’s Terms and Conditions, Lawpath reserves the right to terminate your membership immediately.
34.3 Termination of your relationship with Lawpath Service does not affect your relationship with any Legal Professionals you have retained through the Lawpath Website. All legal, contractual, and ethical duties, obligations and responsibilities survive termination of the Lawpath relationship.
34.4 All provisions of the Terms which by their nature should survive termination will survive termination, including, without limitation, confidentiality, non-solicitation, disclaimer, limitation of liability and indemnity.
34.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that the Client, the Legal Professional and/or Lawpath have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
35.1 Where there is a dispute between the Client and the Legal Professional, Lawpath will not release the funds until the dispute is resolved or there is a court order requesting the funds to be released.
35.2 If a dispute arises between the Client and the Legal Professional, the Client and the Legal Professional agree to deal with the disputes pursuant to the dispute resolution procedures specified in the Costs Agreement (if applicable).
35.3 Where there is no Costs Agreement between the Legal Professional and the Client or whether the dispute falls outside the terms and conditions of the Costs Agreement, or where a Legal Professional or Client has a dispute with Lawpath, then you agree to comply with the following:
(a) Either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) A party to this Contract claiming a dispute (the “Dispute“) has arisen under the terms of this Contract, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the “Notice“).
(c) On receipt of the Notice by the other party, the parties to the Terms (the “Parties“) must within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
(d) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society or Law Institute in the State or Territory where the Legal Professional is situated or his or her nominee and attend a mediation. In the case of a dispute with Lawpath, the President of the Law Society of New South Wales.
(e) It is agreed that mediation will be held in the nearest capital city in which the Legal Professional is situated. In the case of a dispute with Lawpath, Sydney Australia.
(f) For the avoidance of doubt, the Parties need not attend the mediation or other means of resolution in person. The Parties may attempt to resolve the matter via any means of electronic communications.
(g) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
(h) All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
(i) If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
(j) In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
35.4 If the dispute is resolved either through clause 34.2 or clause 34.3, the Client must release the funds by clicking “release funds” from within the Client’s account (if this option is made available to the Client).
Except as otherwise provided herein, all notices and other communications to you hereunder shall be in writing or displayed electronically in the Services by the provider thereof. Notices to you shall be deemed to have been properly given on the date posted, if posted; on the date first made available, if displayed in the Services; or on the date received, if delivered in any other manner. Notices to us should be sent to our account representative.
Nothing in this contract is intended to create a fiduciary relationship, partnership, joint venture, agency or employment relationship with either the Client or Legal Professional. Important: Lawpath and the Legal Professional have no authority to bind each other or any other party. The Legal Professional and Lawpath are excluded from acting on each other’s behalf to create any legal relations or legal right. The Legal Professional does not control and cannot provide any directions to Lawpath. By using this website, a Client is aware and agrees that Lawpath is not ever an agent for a Legal Professional.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
The Services offered by Lawpath are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia and the venue shall be Sydney Australia.
The terms constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.
The Terms will be enforced to the fullest extent permitted by applicable law.
If any part of the Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
42.1 A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.
42.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
42.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
43.1 Lawpath may assign or transfer its rights or obligations under these Terms without your consent.
43.2 You may not assign or transfer your rights or obligations under these Terms without prior written consent of Lawpath. A purported assignment without written consent will be deemed to be void and convey no rights.
You agree that any cause of action related to or arising out of your relationship with Lawpath must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Neither party will disclose to any third party details of this agreement or any of the negotiations undertaken in relation to this agreement without the prior written consent of the other.
If you wish to notify us about anything relating to the Terms, please contact us at [email protected].
46. Supplementary Terms relating to Legal Advice Plans
46.1 These terms are to be read in conjunction with the Lawpath Terms and Conditions of Use (the “Terms”). By you:
you agree to be bound by the Terms and these supplementary terms with respect to the Legal Advice Plan (the “Supplementary Terms”). Where there is any inconsistency between the Terms and the Supplementary Terms, the Supplementary Terms prevail.
46.2 The Legal Advice Plan is offered by Lawpath Operations Pty Ltd (ACN 163 055 954) (“Lawpath”). Lawpath operates the legal platform (the “Platform”) found at lawpath.com.au and my.lawpath.com (the “Domain”).
46.3 The Terms and the Supplementary Terms (collectively referred to as this “Agreement”) is a contract which is entered into between Lawpath and you (the “Member”). This Agreement is effective as of the date you accept this Agreement and become a Member (the “Membership”). When you purchase the Legal and Accounting Advice Plan you acknowledge that all accounting services are completed by our partners at POP Business and you agree to be bound by their Terms and Conditions when using any accounting services under the Plan.
46.4 This Agreement contains important information with respect to the terms, conditions, limitations, exclusions and requirements of the Legal Advice Plan. Please read this Agreement carefully.
46.5 If you sign up for a Legal Advice Plan, you accept these terms, conditions, limitations, and requirements. Please read this Agreement carefully. Before you continue, we recommend you keep a copy of this Agreement for your records.
46.6 Lawpath reserves the right to review, amend, vary or change this Agreement by updating this Agreement on the website hosted on the Domain. Where this Agreement is updated, Lawpath will use reasonable endeavours to provide you with notice of the update to this Agreement.
THE LEGAL ADVICE PLANS ARE NOT A SUBSTITUTE FOR PAID LEGAL, ACCOUNTING, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES.
46.7 Lawpath is not a law firm and does not provide legal services or legal advice. By becoming a Member to the Legal Advice Plan, you will have complimentary on-demand legal consultations with lawyers for up to 30-minutes (the “Complimentary Consultation”). The legal services and / or advice (the “Legal Services”) provided during a Complimentary Consultation is provided to you by a legal professional from a law firm (“Participating Firm”), subject to and conditional upon your acceptance of this Agreement.
46.8 As a Member, you will have the opportunity to engage directly with a Participating Firm, and the Participating Firms have agreed with Lawpath to provide the Complimentary Consultations directly to you, not through Lawpath.
46.9 When you are connected to a Participating Firm by Lawpath for the Complimentary Consultation, the Legal Services are delivered pursuant to a Client Engagement Agreement – Complimentary Consultation (the “Client Engagement Agreement”), to which Lawpath is not a party. You can view the Client Engagement Agreement by clicking here, or making a request with Lawpath to provide you with a copy at any time.
46.10 Communicating with a Participating Firm through the Platform or Lawpath is not required. However, if you choose to communicate with a Participating Firm through the Platform or Lawpath, you acknowledge and agree that when you contact a Participating Firm through the Platform or Lawpath:
46.11 Where you wish to re-engage a Participating Firm and create a lawyer-client relationship that extends beyond your Legal Advice Plan, that relationship will be on whatever terms you establish with the lawyer in question (the “Re-Engagement Terms”). Lawpath is not involved with the Re-Engagement Terms, except for pre-negotiating special discounts for a Member. Lawpath does not set, control or influence the Re-Engagement Terms. For example, a Participating Firm may ask you to sign a formal representation agreement regarding the scope of work that they will perform, the cost of their legal services, and the handling of any out-of-pocket expenses they may incur. Lawpath is not involved in this process.
46.12 Each Participating Firm is solely responsible for the Legal Services during a Complimentary Consultation, or any legal services provided to you during a re-engagement, and a Participating Firm provides those legal services directly to you. Lawpath does not influence or monitor the legal services provided by a Participating Firm. You acknowledge and agree that the legal services provided will be limited to your direct lawyer-client relationship with the Participating Firm. Further, you understand that Lawpath cannot guarantee any particular outcome to your legal matter and that any information or legal advice or service provided by a Participating Firm does not constitute a guarantee of success in your legal situation.
46.13 All Legal Services are provided to you by a Participating Firm in accordance with the Legal Profession Uniform Law, including the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW) (the Uniform Law).
46.14 Membership in a Legal Advice Plan provides access to the following benefits (collectively, the “Plan Benefits”):
46.15 The total Plan Benefits are valued at $1440 per year (or any discount provided to you). Please note that you are not entitled to a refund if the Plan Benefits are not consumed.
46.16 If a Client is unsatisfied with the Legal Advice Plan and has not booked any consultations or created any documentation, the Client may be eligible for our Lawpath Guarantee. The following conditions will apply:
Please note that the conditions outlined above are subject to change at any time and may vary based on specific Plan offerings.
46.17 The following items and matters are specifically excluded from the Legal Advice Plan, and are not to be considered or treated as Plan Benefits:
Complimentary Consultation Rules
46.18 A Participating Firm has agreed, at their sole discretion, to provide the Complimentary Consultations to a Member. If a Participating Firm rejects a Complimentary Consultation, Lawpath will endeavour to replace a Participating Firm with another suitable Participating Firm.
46.19 Complimentary Consultations are up to one half (1/2) hour each. Complimentary Consultations are subject to a Fair Use Policy whereby you must not use the service in a way that a reasonable person would consider to be unreasonable or excessive. Under this policy, excessive or unreasonable usage may result in monitoring, limiting, or suspending your access at Lawpath’s discretion. Lawpath also reserves the right to define ‘excessive’ or ‘unreasonable’ usage based on factors such as the frequency, duration, and nature of consultations. This policy is subject to change at any time.
46.20 Complimentary Consultations must be via telephone or Lawpath’s in-app video call only and during normal business hours. Complimentary Consultations are not to be recorded.
46.21 Consultations are to discuss the Members own legal issues/topics only, and are not to be used for the benefit of any third party such as a family member.
46.22 ‘On-call’ document review is available during the Complimentary Consultation. ‘On-call’ means the documents or any other related material will not be reviewed outside of the Complimentary Consultation period.
46.23 The Complimentary Consultation includes general legal advice only and based solely on the information that you provide verbally during the consultation. You must request a quote and engage a Participating Firm for written advice if you intend to rely on it. For more information regarding the terms, conditions, exclusions and limitations to a Complimentary Consultation, please review the Client Engagement Agreement.
46.24 A Participating Firm may refuse to accept a Complimentary Consultation request where it considers it does not have the requisite expertise or jurisdictional qualifications in relation to the request, where the matter gives rise to a real or potential legal or commercial conflict, or where Participating Firm consider it is not professionally, ethically or lawfully able to assist. Please contact Lawpath to establish if your request is eligible for a Complimentary Consultation.
46.25 Important: Any payment made to Lawpath is to access the above Plan Benefits only and is not in any way a payment for the provision of legal services by a Participating Firm. Payment of any fee to access the Legal Advice Plan is not a guarantee that you will receive legal services from a Participating Firm.
46.26 A Participating Firm has no right, entitlement or access to your Legal Plan membership fee. Any payments paid to Lawpath are not to be considered trust money as it is not for the provision of legal services and it is only a right to the Plan Benefits.
46.27 A Participating Firm is only assigned to you once a Complimentary Consultation request is submitted and approved by Lawpath. You acknowledged that the benefits to a Participating Firm for offering the Legal Services during a Complimentary Consultation is the benefit and opportunity to conduct an introduction and/or scoping consultation with you to ascertain if further work is required to be provided to the Member. Where there is additional legal services requested by you during a Complimentary Consultation, a Participating Firm may provide you with a quotation to perform those services. Where a costs disclosure is not provided by a Participating Firm, a Participating Firm relies upon the standard costs disclosure contained in the Terms.
46.28 All requests may be subject to a conflict check. Complimentary Consultation booking requests are subject to a Participating Firm’s availability. Lawpath’s automated system will choose a Participating Firm based on availability and your general request requirements. You agree that you have no ability to select a Participating Firm.
46.29 Participating Firms may provide certain information regarding legal practice areas, pricing, and experience on their Lawyer Profiles. You are responsible for accessing if your lawyer is right for you. You should carefully evaluate the experience and qualifications of any Participating Firm before hiring them as your lawyer. Lawpath makes no guarantees as to the substance of the lawyer’s advice.
46.30 Participating Firms are solely responsible for the legal services they provide directly to you, not through Lawpath, using a separate costs agreement between you and the Participating Firm. Lawpath is not liable for any statements, representations, ratings, endorsements, advertisements, testimonials, responses, comments, information, opinions, advice, links to any third party websites and content contained on such third party websites, or content of any other kind transmitted by Participating Firms, and any such reference(s) in the Complimentary Consultations are not a sponsorship, endorsement, or recommendation by Lawpath.
46.31 Each Member is solely responsible for assessing the quality, integrity, and trustworthiness of all persons with whom the Member communicates regarding his or her legal needs. Each Participating Firm is solely responsible to the Member for maintaining the lawyer-client relationship and all legal services provided. Each Participating Firm shall make independent professional judgments regarding the legal representations. Lawpath has no influence on or involvement in the professional services of the Participating Firms. Lawpath makes no representation that the quality of the legal services to be performed will be greater than the quality of legal services performed by other lawyers. Results of a lawyers’ prior legal representation do not guarantee a similar outcome.
46.32 You acknowledge and agree that Lawpath may establish general guidelines regarding the Legal Advice Plan, including without limitation, the maximum limit of Complimentary Consultations you may receive in a given period of time. In addition, you are responsible for all expenses incurred or other actions that may occur through your use of the Legal Advice Plan. You also acknowledge and agree that Lawpath reserves the right to modify or amend this Agreement at any time. The details or availability of the Legal Advice Plan in any jurisdiction is subject to change without notice.
46.33 If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to this Agreement, in which case the terms “you“ or “your“ shall refer to such entity. If you do not have such authority or if you do not agree with this Agreement, you may not use the Legal Advice Plan. If you do not have authority to bind the entity for which you have purchased the Membership, you will be personally responsible for the obligations in this Agreement, including without limitation, any payment obligations associated with the Membership account in question.
46.34 Lawpath is not liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication, reasonably believed by us to be genuine and delivered by an authorised representative of your company. If there is reasonable doubt regarding the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you. You must immediately alert Lawpath of any fraudulent, unauthorized, illegal, or suspicious use of the Legal Advice Plan, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
46.35 Members may not use the Legal Advice Plan for any inappropriate or otherwise objectionable purpose as determined in Lawpath’s sole discretion, including without limitation, transmitting communications deemed to be offensive, obscene, indecent, abusive or frivolous in nature.
46.36 In cases where use of the Legal Advice Plan violates these requirements, Lawpath reserves the right to refuse Membership, or suspend or terminate a user’s account immediately and without prior notice at Lawpath sole discretion. You may not transfer, on-sell or assign your Legal Advice Plan, or Membership.
46.37 If there is any dispute involving you and Lawpath arising from your use or attempted use of the Legal Advice Plan, you agree to follow the dispute procedure set out in the Terms. Lawpath does not manage disputes between Members and a Participating Firm. You may notify Lawpath if you believe a Participating Firm has violated these Supplementary Terms. Members also have the right to file a complaint directly with the applicable Law Society or Law Institute concerning the conduct of a Participating Firm.
46.38 Nothing in the Legal Advice Plan or this Agreement shall be construed to limit the right of a Member to retain, at his or her own expense, an unaffiliated lawyer. Lawpath shall not be obligated to pay for any such services.
46.39 The Legal Plans offered through Lawpath are not contracts of insurance or indemnification insurance plans, and are not regulated as such. Lawpath is not an insurance company and does not guarantee legal representation in every situation. The Legal Advice Plan is provided to the Member to have direct contact with a lawyer for free during a Complimentary Consultation, and further discounted legal services during a re-engagement.
46.40 You acknowledge that Lawpath may establish general practices and limits concerning use of the Legal Advice Plan, including without limitation the maximum number of Complimentary Consultations you may receive in a given period of time related to one or all subjects.
46.41 You acknowledge that Lawpath reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. However, you have the right to cancel your Membership should we materially decrease the benefits.
46.42 You are responsible for all expenses incurred or other actions that may occur through your use of a Legal Advice Plan. You must immediately alert us of any fraudulent, unauthorised, illegal, or suspicious use of a Legal Advice Plan, or any other breach of security or unauthorised or illegal activity that you reasonably suspect.
LAWPATH SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY PROFESSIONAL SERVICES RENDERED BY ANY PARTICIPATING FIRM YOU ENCOUNTER ON OR THROUGH OUR SERVICES, AND ANY USE OR RELIANCE ON SUCH PROFESSIONAL SERVICES IS SOLELY AT YOUR OWN RISK.
47. Supplementary Terms relating to Tax Compliance add-on
47.1 These terms are to be read in conjunction with the Lawpath Terms and Conditions of Use (the “Terms”). By you: purchasing the Tax Compliance add-on package (as described on lawpath.com.au) (the “Tax Compliance”); or being granted access to the Tax Compliance add-on, you agree to be bound by the Terms and these supplementary terms with respect to the Tax Compliance add-on (the “Tax Compliance Terms”). Where there is any inconsistency between the Terms and the Tax Compliance Terms, the Tax Compliance Terms prevail.
47.2 The Tax Compliance add-on is offered by Lawpath Operations Pty Ltd (ACN 163 055 954) (“Lawpath”) and serviced by POP Business (ACN 629 385 486).
47.3 The Tax Compliance add-on must be linked to an active Legal and Accounting Advice plan.
47.4 The Terms and the Tax Terms (collectively referred to as this “Agreement”) is a contract which is entered into between Lawpath and you (the “Member”). When you purchase the Tax Compliance add-on you acknowledge that all services are completed by our third party, POP Business, and you agree to be bound by their Terms and Conditions when using any services under the add-on.
47.5 This Agreement contains important information with respect to the terms, conditions, limitations, exclusions and requirements of the Tax Compliance add-on. Please read this Agreement carefully.
47.6 If you sign up for the Tax Compliance add-on, you accept these terms, conditions, limitations, and requirements. Please read this Agreement carefully.
47.7 Lawpath reserves the right to review, amend, vary or change this Agreement by updating this Agreement on the website hosted on the Domain. Where this Agreement is updated, Lawpath will use reasonable endeavours to provide you with notice of the update to this Agreement.
47.8 Lawpath and Lawpath Legal do not act as tax agents. Any tax-related services will be provided by a third party, POP Business, and you agree to their engagement terms linked here. The tax services provided to you are by a registered tax practitioner and will be subject to and conditional upon your acceptance of this Agreement.
47.9 When you are connected to POP Business for the Tax Compliance add-on, all services are delivered pursuant to their terms and any further engagement agreements that they provide and to which Lawpath is not a party. You can view the terms by clicking here, or making a request with Lawpath to provide you with a copy at any time.
47.10 Where you wish to engage POP Business for further services beyond the Tax Compliance add-on, that relationship will be on whatever terms you establish with POP Business (the “Re-Engagement Terms”). Lawpath is not involved with the Re-Engagement Terms. Lawpath does not set, control or influence the Re-Engagement Terms.
47.11 POP Business is solely responsible for the tax services provided through the Tax Compliance add-on and any services provided to you during a re-engagement. Lawpath does not influence or monitor the services provided by POP Business. You acknowledge and agree that the services provided will be limited to your direct relationship with POP Business.
47.12 Membership in the Tax Compliance add-on provides access to the following benefits (collectively, the “Plan Benefits”):
47.13 Any additional work that is outside the scope of the services listed above will be an additional service and charge, which can be accepted or rejected.
47.14 In order to access and utilise the tax compliance add-on services, you must agree that the entity you represent meets the following eligible criteria:
47.15 Lawpath is not liable for any statements, representations, ratings, endorsements, advertisements, testimonials, responses, comments, information, opinions, advice, links to any third-party websites and content contained on such third-party websites, or content of any other kind transmitted by the third party.
47.16 Each Member is solely responsible for assessing the quality, integrity, and trustworthiness of all persons with whom the Member communicates regarding his or her tax needs. The third party is solely responsible to the Member for maintaining the client relationship and all tax services provided.
47.17 If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to this Agreement, in which case the terms “you“ or “your“ shall refer to such entity. If you do not have such authority or if you do not agree with this Agreement, you may not use the Tax Compliance add-on. If you do not have authority to bind the entity for which you have purchased the Membership, you will be personally responsible for the obligations in this Agreement, including without limitation, any payment obligations associated with the Membership account in question.
47.18 Lawpath is not liable for any loss or damage resulting from reliance on any instruction, notice, document or communication, reasonably believed to be genuine and delivered by an authorised representative of your company. If there is reasonable doubt regarding the authenticity of any such instruction, notice, document, or communication, Lawpath may, but is not obliged to, require additional authentication from you. You must immediately alert Lawpath of any fraudulent, unauthorized, illegal, or suspicious use of the Tax Compliance add-on, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
47.19 In cases where the use of the Tax Compliance add-on violates these requirements, Lawpath reserves the right to refuse Membership or suspend or terminate a user’s account immediately and without prior notice at Lawpath’s sole discretion. You may not transfer, on-sell or assign your Tax Compliance add-on, or Membership.
47.20 If there is any dispute involving you and Lawpath arising from your use or attempted use of the Tax Compliance add-on, you agree to follow the dispute procedure set out in the Terms. Lawpath does not manage disputes between Members and the third party, POP Business. You may notify Lawpath if you believe the third party has violated these Tax Compliance Terms. Members also have the right to file a complaint directly with the Tax Practitioner Board concerning the conduct of the third party.
LAWPATH SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY PROFESSIONAL TAX SERVICES RENDERED BY A THIRD PARTY, INCLUDING POP BUSINESS, AND ANY USE OR RELIANCE ON SUCH PROFESSIONAL SERVICES IS SOLELY AT YOUR OWN RISK.
48. Lawpath Virtual Office Terms and Conditions
These are general terms and conditions for the Virtual Office service (Service) that we provide to you. These terms are to be read in conjunction with the full Lawpath terms and conditions.
48.1 To ensure we manage your services effectively and continuously, all agreements will renew automatically for successive periods equal to the current term until brought to an end by you or us. All periods shall run to the last day of the annual period in which they would otherwise expire. The fees on any renewal will be for the annual price on the annual renewal date. If you do not wish for the agreement for the Service to renew the agreement can be terminated by providing cancellation notice prior to the next billing date.
48.2 Notice must be provided to ensure complete cancellation of the agreement:
(a) Proof of change of address from ASIC (viewable on ASICConnect); and
(b) Cancellation request must be emailed to [email protected] 30 days PRIOR to the renewal date.
Due to legal requirements, Lawpath cannot cancel your Service until proof of an alternate registered office address is provided.
Upon cancellation of the agreement, you agree that documents and/or any communications received after cancellation, will not be passed on to you. You must cease to use Lawpath’s virtual office address on any business documentation, business registration, business website, marketing material or on any business registry. All physical copies of mail securely stored during the paid period up until cancellation will be destroyed.
Once the agreement is cancelled, you will no longer have access to any documentation that has been stored using the Lawpath secure online storage service.
48.3 Lawpath reserves the right to terminate an agreement at any time. In this instance, Lawpath will inform you by email or via your Lawpath account. Lawpath also reserves the right to change the Virtual Office address at any time without notice or without seeking approval from you. As part of a Virtual Office address change, you authorise Lawpath and its affiliates to act as your agent and update the address with ASIC on your behalf. You will be required to complete the correct documentation that authorises Lawpath and its representatives to complete any changes related to the virtual office during the paid period. If you do not wish to authorise Lawpath, you must notify Lawpath at [email protected]. Lawpath will not update any other private or public registers apart from the ASIC register. Lawpath will endeavour to help facilitate any address change actions that arise from the changing of the address.
49.1 As per the agreement, you will be able to list the Lawpath Virtual Office address as either (a) your company’s registered office address on public registries or (b) your business’s address on public registries. Lawpath will receive and upload the mail received. The Service includes 7 free document uploads per month per company. These uploads will allow you to receive all correspondence from ASIC, the ATO and other government agencies – all the important mail for your company. The Service will be activated upon payment. The virtual office address is provided to you upon registration.
Nature of Uploaded Mail
49.2 Mail that can be uploaded is any mail, addressed to the entity or director/s, that is sent to the Virtual Office address that does not exceed 10 pages. If mail is received that exceeds the 10-page limit, additional fees will be incurred. Please refer to the Additional Fees clause below for the additional fee.
Secure online storage
49.3 The storage service is intended to provide a record of, and not to serve as a repository for, original documents (the “Vault Documents”). Lawpath accepts no liability or responsibility for the preservation of Vault Documents. Lawpath reserves the right to store Vault Documents in any format, whether digitally or otherwise. You acknowledge that in using the Service you have exclusive control and responsibility for the content of all customer data, including any documents used with the Service. If the user cancels the agreement or has an outstanding fee, they will lose access to the secure online storage service. Lawpath encourages that the Virtual Office members download the documentation uploaded as a part of the Service.
Original Document Storage
49.4 All original documents are stored in a safe and secure location for a period of 12 months since received. After this period, the original documentation will be destroyed.
49.5 You release us from any liability arising out of or incurred in connection with any mail or packages received or sent on your behalf. We hold no liability over loss or damage of delivered goods.
We hold no liability for mail that was delivered to your account but not opened in a timely manner that has resulted in late fees, delayed actions or any other additional claims or liability.
49.6 The Service fee is billed on an annual basis. This fee is applied to EACH entity using the Virtual Office. An entity is determined by ACN and/or ABN.
49.7 Prior to any additional fees being processed, the Virtual Office team will contact you to confirm if you wish to proceed with the additional fees. Additional fees apply to the following:
(a) More than 7 pieces of mail are received within a month, surpassing the monthly quota, a $15 upload fee (per piece of mail) will apply.
(b) Any parcel, bank card, bank cheque, or piece of mail that cannot be uploaded to your Lawpath account, a $15 handling fee (per piece of mail) plus postage will apply. A document that is greater than 10 pieces of paper will be included in this category.
(c) Forwarding of original piece of mail and/or documents, a $15 handling fee (per piece of mail) plus postage will apply.
(d) If a user has lost access to the secure online storage service for any reason, Lawpath has sole discretion to forward any documentation stored for a $50 handling fee.
Alternatively, you may elect to organise a pick up from our address. If we do not receive a response after 28 days, we reserve the right to return the package to the sender.
49.8 If a renewal payment is delayed or not received, Lawpath will continue receiving mail to the virtual office address but restrict user access to the online storage system until payment is received.
49.9 All refunds will be reviewed subject to provisions in these Terms. Lawpath will provide a refund when required by law and in all other circumstances may provide a refund at its absolute discretion, in exceptional circumstances.
50. Lawpath Company Secretary Service Terms and Conditions
50.1 When you request Lawpath to make any update with ASIC you authorise and instruct Lawpath and its affiliates to act on your behalf in order to make an update on the ASIC register. By requesting any update(s) you agree to the following:
(a) You are a current officeholder of the related Australian private limited company (PTY LTD);
(b) All information that is provided is accurate and up to date;
(c) The completion of all necessary actions, meetings and votes (including under the company Constitution and/or Governing Documents) to proceed with the requested update.
50.2 ASIC Registered Agent
(a) By engaging Lawpath as your registered agent, you acknowledge and agree that Lawpath is authorised to submit documentation on behalf of the company for which we are acting as the registered agent, subject to the limitations and requirements set forth in applicable laws and regulations.
(b) As your registered agent, we will make reasonable efforts to submit documentation on behalf of the company in a timely and accurate manner, in accordance with applicable laws and regulations. However, you acknowledge and understand that there may be limitations or requirements imposed by law or by the company itself, which may affect our ability to submit certain documentation or require additional actions on your part.
(c) You acknowledge and agree that the submission of documentation on behalf of the company is subject to compliance with all applicable laws, regulations, and rules. We are not responsible for any consequences or legal issues arising from your failure to comply with such laws, regulations, or rules.
(d) If you engage Lawpath as your ASIC (Australian Securities and Investments Commission) agent, you agree to notify us in writing if we are no longer authorised to act as your ASIC agent for any reason, including but not limited to changes in your company’s ownership, management, or registration status.
(e) We reserve the authority and right to terminate our services as your ASIC agent and remove ourselves from your company at any time, for any reason, including but not limited to; failure to respond to Lawpath communications, regulatory requirements, or other circumstances beyond our control.
50.3 ASIC Company Change
When you request Lawpath to make a change with ASIC you authorise and instruct Lawpath and its affiliates to act on your behalf in order to make a change on the ASIC register. By requesting the change you agree that you have completed all necessary actions, meetings and votes (including under the company Constitution and/or Governing Documents) to proceed with the requested change. Lawpath can be authorised and instructed to make any of the changes listed below:
(a) Change of address;
(b) Appoint or cease a company officeholder;
(c) Change of name for officeholders or members;
(d) Change to share structure;
(e) Change to members’ register; and
(f) The renewal or deregistration of the company.
50.4 ASIC Company Renewal
When you request Lawpath to process your annual company renewal with ASIC you authorise and instruct Lawpath and its affiliates to act on your behalf to renew this on the ASIC register. Each company that processes their company renewal with Lawpath agrees that they meet the following requirements:
(a) The must be registered with ASIC under the Corporations Act 2001 (Cth);
(b) The company’s registration must not be cancelled or suspended by ASIC; and
(c) The company must not be in breach of any laws or regulations, including tax and reporting obligations.
If there are any changes to the company’s details during the renewal process, such as changes to directors, shareholders, registered office or other relevant information, the company must provide Lawpath with the updated information and pay any required fees to make these changes on behalf of the company. A renewal fee, as determined by ASIC, must be paid by the company as part of the process. If the company fails to complete the renewal process on time, ASIC may impose late fees. The company must pay these fees in addition to the original renewal fee to complete the renewal process. The late fees or penalties may vary depending on the duration of the delay and ASIC’s current fee structure.
If the company fails to provide the documentation for Lawpath to complete the renewal process on time or does not meet ASIC’s requirements for renewal, ASIC may cancel the company’s registration. In such cases, the company may lose its legal status as a registered company and may be required to cease its operations. Any delays in the ASIC company renewal process, including delays in submitting documents, paying fees, or obtaining approvals, are solely the responsibility of the company. Lawpath will not be held liable for any consequences, damages, losses, or penalties incurred by the customer due to such delays.
50.5 ASIC Company Deregistration
When you request Lawpath to process your company deregistration with ASIC you authorise and instruct Lawpath and its affiliates to act on your behalf to deregister the company on the ASIC register. Each company that processes their company deregistration with Lawpath agrees that they meet the following requirements:
(a) All members of the company agree to deregister;
(b) The company is not conducting business;
(c) The company’s assets are worth less than $1,000;
(d) The company has no outstanding liabilities (e.g. unpaid employee entitlements);
(e) The company is not involved in any legal proceedings; and
(f) The company has paid all fees and penalties payable to ASIC.
If there are any changes to the company’s details during the deregistration process, such as changes to directors, shareholders, registered office, or other relevant information, the company must provide Lawpath with the updated information and pay any required fees before the deregistration with ASIC is completed.
A deregistration fee, as determined by ASIC, must be paid by the company as part of the process. If the company fails to complete the process on time, ASIC may impose late fees. The company must pay these fees in addition to the original renewal fee to complete the renewal process. The late fees or penalties may vary depending on the duration of the delay and ASIC’s current fee structure.
Any delays in the ASIC deregistration process, including delays in submitting documents, paying fees, or obtaining approvals, are solely the responsibility of the company. Lawpath will not be held liable for any consequences, damages, losses, or penalties incurred by the customer due to such delays.
(a) You agree to pay the fees rendered for our services and any government fees that are associated with the requested update(s);
(b) Any ASIC late fees that are incurred due to client delays, including but not limited to non-completion of the Form 362, officeholder and shareholder consent, will be at the cost of the client. Lawpath will not be liable for any additional fees incurred and will attempt to recover any late fees as required by ASIC;
(c) Payment does not guarantee or imply any warranty or guarantee of the outcome or success of the requested service. It is the responsibility of the company representative(s) to ensure that all information provided for the requested service or transaction is accurate, complete, and up-to-date. Lawpath i snot responsible for any errors, delays, or failures resulting from inaccurate or incomplete information provided.
50.7 You understand that Lawpath and Lawpath’s representatives will not provide any legal advice regarding any ASIC updates and that any advice provided will be general and related to ASIC’s processes.
51. Lawpath AI Supplementary Terms
These Lawpath AI Supplementary Terms (“Lawpath AI Terms”) form a part of the Lawpath Terms and Conditions, as applicable, between you and Lawpath (the “Agreement”). These Lawpath AI terms apply to your access and use of any Lawpath AI feature(s). Any terms used here have the same meaning as in the Agreement. By accessing or using the Lawpath AI, you agree to these Terms on behalf of the applicable entity or organisation that you represent.
51.1 “Lawpath AI” means any feature(s) or functionality made available by Lawpath and labelled as Lawpath AI that utilise artificial intelligence, machine learning, or similar technologies.
51.2 From time to time, Lawpath may introduce features and capabilities as part of the Service that utilise Lawpath AI. Lawpath AI may be developed by Lawpath and/or Lawpath’s third-party providers, and are a part of the Service.
51.3 Lawpath does not use your data or permit others to use your data to train machine learning models used to provide the Lawpath AI or other large language models.
51.4 Your use of Lawpath AI is subject to fair usage restrictions. Lawpath may disable or degrade the performance of such Lawpath AI features at its sole discretion.
Input and Output
51.5 You may provide input to be processed by Lawpath AI (“Input”), and receive output generated and returned by Lawpath AI based on the Input (“Output”). When you use Lawpath AI, Input and Output are your own data. You are solely responsible for the development, content, operation, maintenance, and use of your own data. You will ensure that your Input and use of Lawpath AI and Output will not (i) violate any applicable law; (ii) violate these Lawpath AI Terms, the Agreement or our Lawpath Terms and Conditions or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering Lawpath AI features, Output may not be unique and Lawpath AI may generate the same or similar Output to Lawpath or a third party.
51.6 You authorise Lawpath and its third-party providers to process your data to provide the Output. To the extent your Input contains Personal Information, you instruct Lawpath and its third-party providers to process such Personal Information for the purpose of providing the Output. You are solely responsible for any consequences arising from your disclosure of confidential, proprietary, personal or sensitive information through Lawpath AI, and you agree to indemnify, defend, and hold harmless Lawpath, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable legal fees and costs, arising out of or in any way connected with your disclosure of such information. You agree that Lawpath may use subprocessors to provide Lawpath AI to you.
Lawpath AI Use Restrictions
51.7 You may not use Lawpath AI or Output (i) to develop foundation models or other large scale models that compete with Lawpath or Lawpath AI; (ii) to mislead any person that Output from the Services was solely human generated; (iii) to generate spam or content for dissemination in electoral campaigns, or (iv) in a manner that violates any technical documentation, usage guidelines, or parameters.
51.8 LAWPATH DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LAWPATH AI OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH LAWPATH AI. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY LAWPATH AI FEATURE IS DONE AT YOUR SOLE RISK. LAWPATH DOES NOT WARRANT THAT OUTPUTS WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, AND YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT CHECKING THEIR ACCURACY. OUTPUTS THAT APPEAR ACCURATE BECAUSE OF THEIR DETAIL OF SPECIFICITY MAY STILL CONTAIN MATERIAL INACCURACIES. LAWPATH AI CANNOT DYNAMICALLY RETRIEVE INFORMATION, AND OUTPUTS MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE AI MODEL WAS TRAINED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LAWPATH OR THROUGH LAWPATH AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. LAWPATH AI CANNOT PROVIDE LEGAL ADVICE AND IS NOT A SUBSTITUTE FOR A LAWYER.
51.9 You acknowledge and agree that the Lawpath Al is a beta feature. You are not required to use, test, or trial any of the Lawpath Al features, and you do so at your own discretion and risk. These Terms and your rights and access to the Lawpath Al are limited and may be terminated by Lawpath at any time for any reason or no reason upon written notice thereof.
Third-Party Provider Policies
51.11 You acknowledge and agree that any ‘translated’ Output provided by Lawpath AI is not an official legal translation and may not be valid for official purposes. Any translated content may not meet legal requirements outside of Australia and is provided for informational purposes only. You are responsible for verifying the accuracy and appropriateness of any translations and for obtaining independent legal advice if necessary.
51.12 We may, in our sole discretion, modify, or update these Terms from time to time (including any documentation referenced in the Agreement), so you should review such terms periodically. Your continued use of the Services and/or Lawpath Al after any such change constitutes your acceptance of any modifications to these Terms.
51.13 The provisions of these Terms will survive termination of these Supplementary Terms will survive termination of modification of the Lawpath Terms and Conditions or of our relationship to provide Services to you.