Introduction
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the Onlinecontractreviews.com.au website (the “Site” or “website”) or any Onlinecontractreviews.com.au applications or application plug-ins (“Applications”), you agree to follow and be bound by these terms and conditions of use (“Terms and Conditions of Use” or “Agreement”) and agree to comply with all applicable laws and regulations, including Australian export and re-export control laws and regulations. In this Agreement, the words “User”, “you” and “your” refer to each user, or Site visitor, and “we”, “us” and “our” refer to Onlinecontractreviews.com.au and “Services” refers to all services provided by us.
It is your responsibility to review these Terms and Conditions of Use periodically. If at any time you find these Terms and Conditions of Use unacceptable or if you do not agree to these Terms and Conditions of Use, please do not use this Site. We may revise these Terms and Conditions of Use at any time without notice to you. If you have any questions about these Terms and Conditions of Use, please contact us via email support@onlinecontractreviews.com.au.
BY OPENING A FREE ACCOUNT ON OUR SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT, AND THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS OF USE, AND YOU AGREE TO COMPLY ACCORDINGLY.
Please also refer to the Onlinecontractreviews.com.au Privacy Policy which is incorporated herein by reference.
Onlinecontractreviews.com.au Only Providing a Venue
Onlinecontractreviews.com.au provides an online portal and venue which facilitates advertising and communications between legal professionals and potential users of legal services. Onlinecontractreviews.com.au acts as a venue for legal professionals and purchasers of legal services to exchange information with the goal of eventually forming a professional relationship between them. Onlinecontractreviews.com.au is not a referral business and does not receive any referral fees. Onlinecontractreviews.com.au does not guarantee that Users will successfully find legal representation through this Site. Onlinecontractreviews.com.au takes no position and offers no opinion on when or whether a lawyer-client relationship has been formed.
Obnlinecontractreviews.com.au does not monitor and oversee the obligations as set forth in any agreements between Users and legal professionals. Onlinecontractreviews.com.au does not ensure the integrity of either party or whether any agreements have been fulfilled. The User, and not Onlinecontractreviews.com.au, is solely responsible for assessing the information, integrity, and trustworthiness of all persons with whom the User communicates on the Service.
Onlinecontractreviews.com.au Does not provide legal advice
Onlinecontractreviews.com.au is not a law firm. Onlinecontractreviews.com.au offers no legal advice, recommendations, mediation, or counselling under any circumstance. Onlinecontractreviews.com.au may provide information on its site and any such information is for educational and informative purposes and must not be relied upon by User. Onlinecontractreviews.com.au encourages the User not to accept any information received from any source found on this service, unless it is from a lawfirm/lawyer the User has retained.
Disclaimer of lawyer-client relationship
Any form of use of the Service by a User is not intended to and will not create a lawyer-client relationship between User, any person or entity and Onlinecontractreviews.com.au. Any electronic communication sent to Onlinecontractreviews.com.au will not create a lawyer-client relationship between the User and Onlinecontractreviews.com.au, such being expressly denied. A lawyer-client relationship begins only after a fully signed (by you and the lawfirm/lawyer) engagement letter.
Disclaimer of Information Obtained on the Site/Service
Onlinecontractreviews.com.au provides legal professionals and potential Users with a forum that functions as an open market and as such, Onlinecontractreviews.com.au is not responsible for the content of materials posted on its website nor is it responsible for any content communicated between legal professionals and Users. The views or opinions expressed are those of the individual Users of the Service and do not reflect those of Onlinecontractreviews.com.au. Data submitted by other Users (both lawfirms/lawyers and lay persons) is not verified or reviewed in any way and Onlinecontractreviews.com.au does not warrant the accuracy or validity of any such information.
Onlinecontractreviews.com.au makes every effort to verify that lawfirms/lawyers who subscribe to the Service are licensed and in good standing in at least one state within Australia at the time of registration. However, Onlinecontractreviews.com.au is unable to track, verify, or monitor the standing of each lawfirm/lawyer using the Service. Therefore, Onlinecontractreviews.com.au makes no representation and warranty regarding the status, standing or ability of any lawyer or law firm that is listed through this website. When considering employing any lawyer or law firm, Users should check the lawfirm/lawyers standing within the associated state of Australia.
Users are urged to make their own independent investigation and evaluation of any law firm being considered. The determination of the need for legal services and the choice of legal representation are extremely important decisions and should not be based solely on advertisements, claims of expertise, or on the cost of rendering the requested legal services.
Onlinecontractreviews.com.au is not responsible for, and in no way endorses, any description or indication of expertise, specialisation or limitation of practice by a lawyer or law firm. Please be aware that no agency or board may have certified such lawyer as a specialist or expert in any indicated field of law practice. In addition, a lawyer claiming specialisation is not necessarily any more expert or competent than other lawyers. It is up to the User to question the lawfirm/lawyer on the factual basis of any statement they make, ask for the names of the certifying agencies, and verify all information.
Users are encouraged to use caution when reviewing any information submitted by lawyers. Although Onlinecontractreviews.com.au strongly encourages lawyers to comply with all regulations and rules governing lawyer conduct, it is impossible for Onlinecontractreviews.com.au to monitor members’ integrity or compliance with applicable rules of conduct. Onlinecontractreviews.com.au in no way endorses the content or legality of any responses, statements, or promises made by lawyers or any other parties, on or off this site. Please use caution and common sense when using this site.
User Experience
As part of our service to all Users, Onlinecontractreviews.com.au may provide a forum for users to comment on their experiences with the legal professionals reached by using the Service. Comments posted on the comment board will be available for review by all Onlinecontractreviews.com.au Users and members. While we encourage open and unrestricted use of the forum, we do not tolerate offensive communications or conduct. When using the discussion forum to comment on your experiences, please keep the comments accurate, constructive and civil. Bear in mind that use of disparaging and defamatory comments does not serve the purpose of the forum and may result in legal liability to the User. Onlinecontractreviews.com.au reserves the right to terminate this Agreement and restrict future access to the Site and Service to Users who post comments that are offensive, defamatory, hostile, vulgar, or distasteful.
User Guidelines
In order to maintain the integrity of this Site and useful for all users, it is pertinent that Users abide by this Agreement and follow the rules of the Site. Some of these rules are described in this Agreement, and some are directly posted in the Site. Onlinecontractreviews.com.au reserves the right to deny access to its Site to any User who violates these rules, is the subject of complaints by other Onlinecontractreviews.com.au Users, for any other reason, or for no reason at all.
Users will not engage in any of the following activities on our Site:
– Violate any rules of this Agreement or Site
– Do or say anything to damage, injure, or harm others
– Display inappropriate material including and not limited to obscenity, nudity, or pornographic material of any kind
– Display of provide material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity
– Promote or provide instructional information about illegal activities, or promoting physical harm, damage, or injury against any individual, group, or entity
– Defame any individual, group, or entity
– Display any material that exploits children under 18 years of age
– Violate or misappropriate the rights of another, including but not limited to the intellectual property rights of another. Such violation or misappropriation may include and is not limited to using the Service for acts of copyright, trademark, patent, trade secret, or other intellectual property infringement, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for game emulation)
– Use the Service for displaying any offensive, harassing, abusive, threatening, harmful, vulgar, obscene, or tortuous material or invading another’s privacy
– Interfere with or disrupt the Service or servers or networks connected to the Service by posting any advertisements or links to competing services, transmitting “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of email
– Violate internet standards
– Encourage any crime or illegal activity, including and not limited to anything directly or indirectly related to illegal drugs, pornography, prostitution, child pornography, gambling, burglary, robbery, spreading computer viruses, cracking into private computer Sites, software infringement, trafficking in credit card codes, or any other crimes
– Violate Onlinecontractreviews.com.au security policies
– Compromise or breach the security of the Service Onlinecontractreviews.com.au provides, including and not limited to trying to gain access to areas on the Site not designated for Users.
Confidentiality
Onlinecontractreviews.com.au makes commercially reasonable efforts to maintain the confidentiality of any information submitted by Users on our Site. However, because Onlinecontractreviews.com.au cannot control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution in deciding what information to provide and input into the Site. Do not provide any other highly personal (tax file number), sensitive, or other incriminating information. Onlinecontractreviews.com.au is not responsible for the release or improper use of such information or any release due to error or failure in the Site.
User agrees that member law firms and lawyers contacted by User through the Site may report to Onlinecontractreviews.com.au on whether their services were engaged by the User, however no communication involving the content of such representation will be made.
Data Loss
Onlinecontractreviews.com.au is not responsible and will not be liable under any circumstances for any loss of data resulting from accidental or deliberate deletion, network or Site outages, file corruption, or for any other reasons.
Modifications to Terms of Service
Onlinecontractreviews.com.au may change this Agreement at any time. User will be notified of the change and will be responsible for promptly reading and complying with the new terms and conditions. Continued use of the Site and Service will indicate acceptance of the new terms and conditions. Additionally, Onlinecontractreviews.com.au reserves the right to modify or discontinue, temporarily or permanently, the Site and Service with or without notice to User. Onlinecontractreviews.com.au will not be liable to User or any third party for any modification or discontinuance of the Service. User acknowledges and agrees that any termination of Site or Service under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that Onlinecontractreviews.com.au may immediately delete data and files in User’s account and bar any further access to such files or the Service.
Onlinecontractreviews.com.au’s Proprietary Rights
Onlinecontractreviews.com.au developed and owns a distinguishing system with characteristics which include a distinctive process (patent pending), design, colour schemes, and exclusively designed logos and marks (“System”), identified by the mark “Onlinecontractreviews.com.au” relating to Site and Service, including the name of the Site, and the collective work copyright in sequences of public messages on the Site. Users cannot reproduce any message thread from the Site, either electronically or in print, without Onlinecontractreviews.com.au’s prior written permission and the permission of all participants in the thread. Be aware that this is not a complete list of proprietary items and that other things on the Site are also Onlinecontractreviews.com.au property. If in doubt, please contact Onlinecontractreviews.com.au before copying anything from the Site with plans of reproducing it or distributing it.
User acknowledges and agrees that content, including but not limited to content, any writing, pictures, text, software, sound, music, graphics, charts, illustrations, video, page layout and design, or other material contained in the Site or Service or information presented through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorised by Onlinecontractreviews.com.au, and will not copy, reproduce, transmit, distribute, or create derivative works of such content or information without prior express written authorisation of Onlinecontractreviews.com.au. User acknowledges and agrees that Onlinecontractreviews.com.au can display images and text throughout the Service.
Other Onlinecontractreviews.com.au Rights
Onlinecontractreviews.com.au reserves the following rights:
– To release any current or past User information, pursuant to the terms of the Privacy Policy, in the event Onlinecontractreviews.com.au believes that accounts are in violation of this Agreement or page content guidelines, used to commit unlawful acts, if the information is subpoenaed, and/or if Onlinecontractreviews.com.au deems it necessary and/or appropriate.
– To deny service to offenders of any Onlinecontractreviews.com.au guidelines or this Agreement
– To terminate or deny access to Site or Service to anyone for any reason or no reason at all
Indemnification
User understands and agrees that Onlinecontractreviews.com.au is not responsible for any damage, injury, or harm that this Site or Service may directly or indirectly cause. User will indemnify, defend, and hold Onlinecontractreviews.com.au harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses (including without limitation lawyer’s fees and costs) arising from or in connection with the contents or use of the Site or Service. The User agrees that this indemnity will also apply to any breach by User of the Agreement or the foregoing representations, warranties and covenants. User also agrees that this defence and indemnity will apply to Onlinecontractreviews.com.au, its affiliates, directors, officers and employees. Onlinecontractreviews.com.au reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by User and User will not in any event settle any matter without the written consent of Onlinecontractreviews.com.au.
Disclaimer of Warranties and Limitation of Liability
User acknowledges, understands and agrees, that Onlinecontractreviews.com.au will not be responsible/liable for the wrongful actions of Users (defamation, misuse of the Service, illegal acts, uploading a program with a computer virus, etc.) and User accepts full responsibility for its own acts in its decision to use Site. Damage, injury, or harm directly or indirectly caused by another User on the Site will not be the responsibility of Onlinecontractreviews.com.au, however Onlinecontractreviews.com.au will take prompt action against such wrongdoers including and not limited to termination of access to the Site and Service.
Although it is Onlinecontractreviews.com.au’s goal to provide Users with a reliable, quality Site, there may be the occurrence of mistakes or the Site may experience technical failures from time to time. Such problems are inevitable in operating a Site, however Onlinecontractreviews.com.au will make commercially reasonable efforts to correct any such deficiencies. In order to continue operation of this Site and Service, Onlinecontractreviews.com.au disclaims and denies any warranties on this Site or Service to Users as follows:
Disclaimer of Warranties
User expressly agrees that use of the Site or Service is at User’s sole risk. The Site and Service is provided on an “as is” and “as available” basis. Onlinecontractreviews.com.au expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, statutory or otherwise, and non-infringement. Onlinecontractreviews.com.au makes no warranty that this Site or Service will meet User’s objectives or requirements, that the Site or Service will be uninterrupted, timely, secure, or error-free; nor does Onlinecontractreviews.com.au make any warranty as to the results that may be obtained from the use of this Site or Service or as to the accuracy or reliability of any information obtained through this Site or Service, or that defects in the software will be corrected. Onlinecontractreviews.com.au makes no warranty regarding any goods or services purchased or information obtained through this Site or Service or any transactions entered into through this Site or Service.
No advice or information, whether oral or written, obtained by User from Onlinecontractreviews.com.au will create any warranty not expressly stated herein.
Limitation of Liability
User acknowledges, understands, and agrees that Onlinecontractreviews.com.au will not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the Site or Service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the Site or Service or resulting from unauthorised access to or alteration of User’s transmissions or data, including, but not limited to damages for loss of profits, use, loss of data, data or other intangibles, even if Onlinecontractreviews.com.au has advised of the possibility of such damages. Onlinecontractreviews.com.au will not be liable for any damages arising from interruption, suspension or termination of Service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or Onlinecontractreviews.com.au Site or Service will be settled by binding arbitration in accordance with the commercial arbitration rules of Australia. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Either User or Onlinecontractreviews.com.au may seek any interim or preliminary relief from a court of competent jurisdiction within the associated state of Australia, necessary to protect the rights or property of the User or Onlinecontractreviews.com.au pending the completion of arbitration. This arbitration clause does not prohibit either Onlinecontractreviews.com.au or User from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted.
Miscellaneous
This Agreement, incorporates by reference our Privacy Policy and any notice by Onlinecontractreviews.com.au contained in any of the Site’s pages and constitutes the entire understanding between User and Onlinecontractreviews.com.au regarding the User’s relationship to our Site and Service.
Users may reach our Service from all states and territories within Australia and globally. Onlinecontractreviews.com.au cannot keep track of all the different laws and their requirements, and as such, this Agreement and the relationship between User and Onlinecontractreviews.com.au will be governed by the laws of the State or Territory.
If Onlinecontractreviews.com.au fails to exercise or enforce any right or provision of this Agreement, that failure will not be used to prove that Onlinecontractreviews.com.au has waived the right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
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