Terms and Conditions of Use
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.
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.
2.1 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.
4.1 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.
Part A – Subscription Services
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.
- Benefits of Subscription
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).
- Access to Legal Documents
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. Lawpath provides Legal Documents and samples for general information purposes only and you are solely responsible for determining if the 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 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 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.
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.
- Secure online storage and esigniture of Legal Documents
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.
- Legal Health Check and Workflow (Legal Health Check)
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.
- Reasonable Use
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.
- Restrictions on Use
11.1 The Client may not transfer or assign its subscription or the benefits associated with the Legal Plan to any other person.
- Lawpath’s rights
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.
Part B – Introduction to Legal Professionals / Quoting Services
- About the Introduction/Quoting Services
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.
- The quotation process for a Client
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 may receive up to 3 fixed-price quotes from the Legal Professionals (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.
- The quotation process for a Legal Professional
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.
- Completion of the professional services
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.
- General acknowledgement by Client and Legal Professional
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:
- Requesting an itemised bill
- Discussing your concerns with us
- Having our costs assessed
- Applying to set aside our costs agreement.
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.
- Payments with Lawpath
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.
- Satisfaction Guarantee
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.
Part C – Company, Business Name and/or ABN Registration
- Company and Business Registration
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 an 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). 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 to make a decision on an ABN application. Lawpath has no control over the speed that the ATO may process 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). You can change this at any time by 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.
- Technology Driven Services
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.
- Rating and Review
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. In other words, even if the Client does not use the Legal Plan benefits or speak with a Legal Professional, the Client will be responsible for any subscription fees until the Client cancels the subscription or it is otherwise terminated.
(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.
(iii) 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.
(iv) 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) 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 and the Client’ credit card will be charged to begin your initial term.
(d) 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.
(e) 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.
- Promotional Codes
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. Lawpath, at its sole discretion, may provide a refund of the fee to you.
26.2 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.
- Confidential Information
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 10% (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.
- Copyright and Intellectual Property
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.
- General Disclaimer
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.
- Limitation of Liability
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 then-applicable period.
(ii) Please note that downgrading does affect your ability to access the documents you created on 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.
- Dispute Resolution
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.
- Governing Law
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.
- Venue and Jurisdiction
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.
- Entire Agreement
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.
- Limitation of action
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].
Supplementary Terms relating to Legal Advice Plans.
These terms are to be read in conjunction with the Lawpath Terms and Conditions of Use and you agree to be bound by the Terms and Conditions of Use and these Supplementary Terms.
This is a contract between us, Lawpath Operations Pty Ltd (“Lawpath”) and you, (the “Member”), for the Legal Advice Plan services described below.
This Agreement is effective as of the date you accept its terms by purchasing a Legal Advice Plan membership (“Membership”) or accepting a free trial thereof (the “Effective Date”). If you sign up for a Legal Advice Plan, you accept these terms, conditions, limitations, and requirements. Please read this Agreement carefully.
THE LEGAL ADVICE PLANS ARE NOT A SUBSTITUTE FOR ACCOUNTING, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES.
We reserve the right to accept or refuse membership at our discretion. You may not transfer, on-sell or assign your Legal Advice Plan membership.
Membership in a Legal Advice Plan provides the following benefits (collectively, the “Plan Benefits”):
-Access to a dedicated account manager, onboarding consultation, platform training, phone support and quarterly business health check ‘check ins’ (optional);
-Access to exclusive discounts and partner offers;
-Access to the Lawpath booking request system to request complimentary consultations with a participating firm (the “Firm”).
Please note that Lawpath Operations Pty Ltd does not provide legal services. Lawyers made available through Legal Plans are employed by the Firm who agree to provide complimentary consultations directly to you, not through Lawpath. Lawpath will choose a Firm based on availability and your specific request requirements. You agree that you have no ability to select a specific Firm.
Complimentary Consultations must be via telephone only and during normal business hours. Consultations are up to one half (1/2) hour each, limited to one consultation per Member for each new legal matter (a ‘new’ legal matter is an issue that you have not spoken about with a participating Firm before and is determined at the sole discretion of Lawpath or its representatives). Telephone consultations are to discuss the Members own legal issues/topics and not issues relating to ‘non’ Plan Members. Telephone consultations are not to be recorded. ‘On-call’ document review is available during the complimentary consultation only up to 4 pages at the complete discretion of the Firm. ‘On-call’ means the documents or any other related material will not be reviewed outside of the complimentary consultation period.
A Firm agrees to offer a Member a complimentary, thirty-minute consultation that includes general legal advice only and based solely on the information that you provide verbally during the consultation. All advice is verbal and general in nature. You must request a quote and engage a Firm for written advice if you intend to rely on it.
The Firm may refuse to accept the 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 the Firm considers it is not professionally, ethically or lawfully able to assist. Please contact Lawpath to establish if your request is eligible for a complimentary consultation.
Important: Any payment made to Lawpath Operations Pty Ltd is to access the above Plan Benefits only and is not in any way for the provision of specific legal services by a specific participating Firm. Payment of any fee to access the Legal Advice Plan is not a guarantee that you will receive legal services from a Firm. A Firm has no right, entitlement or access to your Legal Plan membership fee. Any payments paid to Lawpath Operations are not to be considered trust money as it is not for the provision of legal services it is only a right to the Plan Benefits.
The Firm is only assigned to you once a complimentary consultation request is submitted and approved by Lawpath. The Firm receives no payment for the consultation however is given the opportunity to conduct an introduction and/or scoping consultation to gather if further work is required by the Plan Member. A quote and cost disclosure will then be provided to the Plan Member for each matter. A conflict check may apply. A lawyer is assigned based on availability. Lawpath makes no guarantees as to the substance of the lawyer’s advice.
Nothing in the Legal Advice Plans or this Agreement shall be construed to limit the right of a Plan Member to retain, at his or her own expense, an unaffiliated lawyer. Lawpath shall not be obligated to pay for any such services.
Exclusions; Conflicts. The following items and matters are specifically excluded from the Legal Advice Plans, and are not to be considered or treated as Plan Benefits:
-Document review prior to a complimentary consultation. A Firm will not review or draft any documentation or related material before or after a complimentary consultation;
-Any form of written advice or written material including but not limited to emails and legal documents;
– Any consultations including but not limited to personal, family, criminal, pre-litigation and litigation disputes, franchise, not-for-profit, strata, residential property, international law, patent, tax or migration matters;
Any action that directly or indirectly involves Lawpath or any of its affiliates, directors, agents, or employees;
-Any action that directly or indirectly involves any Firm providing legal services under the Legal Advice Plans; provided, however, that a Firm may, at its sole discretion and risk, represent a Plan Member in a matter in which another affiliated Firm is representing another party as legal counsel;
-For employer-sponsored Legal Advice Plans, any action by a Plan Member of such program that directly or indirectly involves his or her employer sponsor;
-Any adversarial action by a Plan Member that directly or indirectly involves any other Plan Member in any plan group;
-Any action based on acts or occurrences that are alleged to have occurred or conditions that were reasonably anticipated or foreseeable before the Plan Member’s enrollment that did or may give rise to a lawsuit by or against such Plan Member; provided, however, that the Firm may, in its sole discretion and at its own risk, disregard this exclusion;
-Any action that resulted in the prior recruitment or retention by the Plan Member of another lawyer; provided, however, that the Firm may, in its sole discretion and at its sole risk, disregard this exclusion;
-Any matter involving the laws of jurisdictions outside of Australia;
-Any appeal to an court; provided, however, that the Firm may, in its sole discretion and at its sole risk, disregard this exclusion;
-Any matter that, in the Firm’s opinion, is frivolous in nature or objective; or
-Any case matter or requested service that is determined by the Firm to lack sufficient merit to warrant pursuit, or that the Firm decides has been raised an inordinate or unreasonable number of times without a change in circumstances.
Not Insurance. 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 Plans provide Lawpath’s customers with access to free and discounted legal services from member Firms. Lawpath does not reimburse or indemnify any Plan Member or pay any Firm for lawyer fees or expenses in relation to the complimentary consultations. Lawpath makes no payments to Firms in Western Australia
General Practices. You acknowledge that Lawpath may establish general practices and limits concerning use of its Legal Plans, including without limitation the maximum number of complimentary consultations you may receive in a given period of time related to one or all subjects.
Right to Change Practices. 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 benefits.
Responsibility for Misuse. You are responsible for all expenses incurred or other actions that may occur through your use of a Legal Plan. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of a Legal Advice Plan, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
- 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.
Automatic Renewal: 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.
Notice must be provided to ensure complete cancellation of the agreement:
-Proof of change of address from ASIC (viewable on ASICConnect); and
-Cancellation request must be emailed to [email protected] 30 days PRIOR to the renewal date.
Please note: Due to legal requirements, Lawpath cannot cancel your Service until proof of an alternate registered office address is provided.
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 seeking approval from subscribers. Lawpath will endeavour to help facilitate any address change actions that arise from the changing of the address.
Services and Obligations
As per 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.
Nature of Uploaded Mail: 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 Fees clause below for the additional fee.
The virtual office address is provided to you upon registration.
Secure online storage: 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. Lawpath encourages that the Virtual Office members download the documentation uploaded as a part of the Service.
Original Document Storage: 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.
Liability: 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.
Annual Fee: The Service fee is billed annually. This fee is applied to EACH entity using the Virtual Office. An entity is determined by ACN and/or ABN.
Additional fees: Prior to any additional fees being processed, the Virtual Office team will contact you to confirm you wish to proceed with the additional fees. Additional fees will incur in such circumstances as listed below:
-More than 7 pieces of mail are received per month: the fee will be $15 for any additional document uploaded past the 7 documents per month quota.
-Forwarding of original documents or any physical piece of mail: the fee will consist of the cost of postage in addition to a $15 handling fee.
Please note that documents greater than 10 pieces of paper will be included in this category.
Overdue Fee: In the case where the annual fee is not received, Lawpath will not continue providing the Service outlined in Section 2 until payment is received.
Refunds: 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.