Last updated March 5, 2015
Thank you for using http://workerscompensationexperts.com.au These terms of use (the “Terms”) govern your access to and use of http://workerscompensationexperts.com.au (“we” or “our”) websites and services (the “Services”). By using the Services you agree to comply with and be bound by the Terms so please review the following terms carefully. If you do not agree to these Terms, you should not use the Services.
Unless specifically expressed otherwise, the Terms apply to accounts for both Clients and Lawyers. A “Lawyer” is a user that is licensed to practice law in Australia and has created a lawyer account for the purpose of obtaining legal jobs. A “Client” is a user that posts a job for the purpose of finding a lawyer.
1. Acceptance of Agreement
You agree to be bound by these Terms with respect to the Services. These Terms constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services and the subject-matter of these Terms. This Agreement may be amended by us from time to time without specific advance notice to you. The latest Terms will be posted on our website, and you should review the Terms prior to using the website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are over 18.
2. Copyright
The Software and other technology we use to provide the Services are protected under applicable copyrights, trade marks and other proprietary (including but not limited to intellectual property) rights. These Terms do not grant you any rights to use the http://workerscompensationexperts.com.au trademarks, logos, domain names or other brand features.
3. Acceptable Use
You will use the Services responsibly. You will not, and will not attempt to, misuse the Services by using, or attempting to misuse, the Services to do things which include, but are not limited to, the following:
• probe, scan, or test the vulnerability of any system or network;
• breach or otherwise circumvent any security or authentication measures;
• access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, http://workerscompensationexperts.com.au (or our service providers’) computer systems;
• interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
• plant malware or otherwise use the Services to distribute malware;
• access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
• send unsolicited communications, promotions or advertisements, or spam;
• send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
• publish anything that is fraudulent, misleading, or infringes another’s rights;
• promote or advertise products or services other than your own without appropriate authorisation;
• impersonate or misrepresent your affiliation with any person or entity;
• publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
• violate the law in any way, or to violate the privacy of others, or to defame others.
4. Your Representations and Obligations
Clients
By posting a job on our website, you agree to do the following:
If you create a job, you are responsible for and required to ensure the accuracy of the information you provide, with the exception of personal information, which should not be disclosed.
If you create a job, a Lawyer may ask you a question to obtain additional information. You are not required to answer a question. If you choose to answer a question, you are responsible for and required to ensure the accuracy of your answer.
If you provide information which is not accurate and results in additional work for the Lawyer, you may be responsible to pay the Lawyer an additional fee for the additional time spent on the job.
If you would like to cancel a Lawyer’s bid which you have selected, you must do so directly with the lawyer you awarded the job to. You agree that http://workerscompensationexperts.com.au has not been paid a fee by you and you are paying the lawyer directly.
http://workerscompensationexperts.com.au is not responsible for the return of legal fees.
You agree not to submit personal or contact information to the Services. You also agree not to use the Services to contact a Lawyer except through the bidding process provided for in the Services.
You consent and agree to receive email notifications which are directly related to your use of the Services. These notifications include updates, notifications and confirmations related to account changes and updates to jobs which you have posted and bids which lawyers have placed on your jobs.
Lawyers
Lawyer accounts are only to be created and used by persons (i) licensed to practice law in Australia; and (ii) in good standing with the licensing body. By creating and using a Lawyer account, you agree to the following:
You represent that you are licensed to practice law in the state or province which you have selected as your “Licensed State / Province” in your profile. You also represent that you are in good standing with body responsible for licensing lawyers in that state or province.
You are responsible to obtain additional information you need from the Client in order to submit your bid, should the information provided by the client not be sufficient for you to bid http://workerscompensationexperts.com.au makes no warranties as to the accuracy of the information provided by the client.
You may ask questions to obtain this information.
You agree that you are paying a “finders fee” to http://workerscompensationexperts.com.au and in no way is http://workerscompensationexperts.com.au or it’s agents, employees or representatives liable for the work you carry out for the client.
If a bid is selected, you agree to (i) contact the Client within 2 business days; (ii) determine whether you are unable to provide the service within 4 business days; and (iii) make best efforts to complete the job by the estimated project completion date in your bid.
You agree not to submit personal or contact information to the Services. You also agree not to use the Services to contact a Client except through the bidding process provided for in the Services.
You consent and agree to receive email notifications which are directly related to your use of the Services. These notifications include updates, notifications and confirmations related to account changes and updates to jobs which you have bid on and bids which you have submitted.
5. Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or delete any information, files or other content appearing on the website.
6. Indemnification
You agree to indemnify, defend and hold http://workerscompensationexperts.com.au and its partners, lawyers, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable lawyer fees, related to your violation of these Terms.
7. Non-transferable
Your right to use the Services is not transferable. Your account and password are not transferable.
8. Disclaimer – http://workerscompensationexperts.com.au is available “AS IS”
THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. http://workerscompensationexperts.com.au WILL HAVE NO RESPONSIBILITY FROM ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR SOFTWARE OR CAUSED BY VIRUSES OR MALWARE CONTAINED WITHIN AN ELECTRONIC FILE.
9. Limitation of Liability
http://workerscompensationexperts.com.au. AND THE AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND http://workerscompensationexperts.com.au THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
10. Use of Information
By using the Services, you and others provide us with information (“Information”). As the Services enable you to share information with other users, the information you share belongs to http://workerscompensationexperts.com.au
You give us the permissions necessary for us to provide the Services. This permission extends to trusted third parties we work with to provide the Services.
Except as provided in our Privacy Policy we will not share your Information with others unless you direct us to.
You are solely responsible for your conduct, the Information which you submit to the Services, and your communications with others while using the Services.
You acknowledge that http://workerscompensationexperts.com.au has no obligation to monitor any Information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of information or any other information you may be able to access using the Services.
11. Sharing Your Information
The Services provide features that allow you to share Information with others. We ask that you do not share personal information. There are many things that others may do with the Information that you share (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. http://workerscompensationexperts.com.au is not responsible for that activity.
12. Account Security
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorised that activity. You should immediately notify http://workerscompensationexperts.com.au of any unauthorised use of your account. You acknowledge that if you wish to protect your transmission of Information to http://workerscompensationexperts.com.au, it is your responsibility to use a secure encrypted connection to communicate with the Services.
13. Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
Our copyright agent for notice of claims of copyright infringement can be contacted by email at claims@workerscompensationexperts.com.au
14. Links to Other Web Sites
This site may contain links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. We do not approve or endorse any website which is linked by us or others. If you decide to leave our site and access these third party websites, you are solely responsible for your use of such websites.
15. Payments, Refunds and Cancellations
Client Payments
Payment by Clients for a legal job is due at the time a bid is accepted.
Disbursements and Expenses
If a Lawyer’s bid specifies that disbursements or expenses will be billed separately by the Lawyer, the Client is responsible to pay to the lawyer for the disbursements or expenses incurred.
Refunds and Cancellations
A Client may cancel a selected bid through http://workerscompensationexperts.com.au within 10 days from the date the bid is selected. Clients who cancel a bid within the 10 day period will (i) receive a refund equal to 90% of the total bid price; and (ii) be charged a cancellation fee equal to 10% of the total bid price. The cancellation fee will be applied as a credit towards another bid which the Client selects for the same legal job.
Lawyer Fees
For each bid that is selected, you will be entitled to payment of an amount equal to the total bid price less 10% commission fee which is payable to http://workerscompensationexperts.com.au You will not be entitled to the amount if the client cancels the bid within 10 days from the date the bid is selected. http://workerscompensationexperts.com.au may change its commission fee on new jobs that are created upon 14 days’ notice.
Payments to Lawyers
http://workerscompensationexperts.com.au’s billing period begins on the first day of each month and ends on the last day of the same month. Payments for each billing period will be issued to lawyers between the 15th and 21st day of the month following each billing period.
If you choose to receive payment in the form of a cheque, please allow 1 week for processing and mailing.
16. Termination
You may stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
17. Governing Law
http://workerscompensationexperts.com.au and the Services are physically located within NSW. These Terms will be governed by the laws of NSW and shall be treated in all respects as an NSW contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the non-exclusive jurisdiction of the NSW courts. You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against us related to the Services, the Information, other content appearing on the website, or these Terms and, where, applicable, you also agree to opt out of any class proceedings against http://workerscompensationexperts.com.au or its licensors.