Terms of Use for JudgeYourLawyer.com.au

This website is a service made available by JudgeYourLawyer.com.au,  (collectively referred to in this document as “JudgeYourLawyer.com.au”). All use of this website, including all content, information and services provided on this website, is subject to the following terms of use (“Terms”), which constitute a legal agreement between you and JudgeYourLawyer.com.au. By accessing, browsing or using this website, you acknowledge that you have read, understood and agree to be bound by these Terms. We may update these Terms at any time, without notice to you. Each time you access this website, you agree to be bound by the Terms then in effect.

License

By offering this website for use, JudgeYourLawyer.com.au provides you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and make personal use of the information and services on this website, strictly subject to and in accordance with these Terms. JudgeYourLawyer.com.au reserves the right to terminate this license at any time and for any reason. Your failure to comply with these Terms will result in automatic termination of this license, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited license set forth in these Terms, JudgeYourLawyer.com.au does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights.

Usage Restrictions

By using this website, you agree that:

  • you shall not use, intentionally or unintentionally any of the content, information or services on this website in a manner contrary to or in violation of any applicable international, national or local law, rule or regulation having the force of law, including privacy laws and any rules of any national or other securities exchange;
  • you shall not use this website in any manner that could harm, infect, take over, disable, overburden or otherwise impair any of our computer systems, including, the servers, networks and other components connected to or used for this website;
  • you permit the webmaster to modify your review if it contains personally identifiable information;
  • you shall not interfere with any other party’s use and enjoyment of this website or any of the content, information or services provided on this website;
  • you shall not forge headers or otherwise manipulate identifiers in order to disguise or alter the origin of any content transmitted through the services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
  • you shall not upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • you shall not upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • you shall not attempt to gain unauthorised access to any services, accounts, computer systems or networks connected to any server used for this website, through password mining, hacking or any other means;
  • you shall not seek to gain access to any materials or information through any means not intentionally made available by us;
  • you shall not reproduce, duplicate, copy, download, sell, resell or otherwise exploit this website, or any portion hereof, for commercial purposes without JudgeYourLawyer.com.au’ prior written consent;
    you shall not use any framing techniques to enclose any portion of this website (including, but not limited to, images, text, page layout and form) without JudgeYourLawyer.com.au’ prior written consent;
  • you shall not make any use of the trademarks, service marks, trade names, logos and graphics on this website without JudgeYourLawyer’ prior written consent.
  • you shall not use any network monitoring or discovery software to determine the site architecture or extract information about usage, individual identities or users;
  • you shall not use any robot, spider, other automatic software or device or manual process to monitor or copy the website or the content, information or services on this website without JudgeYourLawyer.com.au’ prior written consent;
  • you shall not collect any email addresses made available on this site for purposes of promotions or marketing campaigns and you shall not solicit any users with data retrieved from this website or any JudgeYourLawyer.com.au identified on this website;
  • you shall not distribute, on or through this website, any advertising; promotion; solicitation for goods, services or funds; or solicitation for others to become members of any enterprise or organisation without JudgeYourLawyer.com.au’ prior written permission; and
  • you shall not use or otherwise export or re-export this website, or any portion thereof
  • Any unauthorised use terminates the license granted hereby.

Electronic Communications

When you visit this website and when you communicate with us electronically, for example by sending us an email, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Patents, Copyrights and Trademarks

The technology and content provided on this website is owned by or licensed to JudgeYourLawyer.com.au and is protected by Australia and international intellectual property laws. JudgeYourLawyer.com.au and its licensors retain all proprietary rights to that content and technology.

Disclaimer of Warranties and Limitation of Liability

WE PROVIDE THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE CONTENT, INFORMATION OR SERVICES INCLUDED ON THIS WEBSITE, OR THAT THE WEBSITE OR CONTENT WILL BE ERROR-FREE. YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JudgeYourLawyer.com.au DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.

PRIVACY

Please review our Privacy Statement for a description of our privacy practices and an explanation of how we may use any personal information we collect on this website.

Advertisers

This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website is accurate and complies with applicable laws. JudgeYourLawyer.com.au will not be responsible for the illegality of, or any error or inaccuracy in, advertisers’ or sponsors’ materials, or for the acts or omissions of such advertisers or sponsors.

Registration and Account Information

Certain sections of this website may require you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. Please note that we may store and process your personal information in systems located outside of your home country. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In case of misuse, we may terminate further access or take such other action as we, in our sole discretion, deem appropriate. If you believe there has been unauthorised use, you must notify us immediately.

Submission of Information

The Web Site includes areas in which users may post content and information, including without limitation personal and business profile data, messages, comments, data, text, photos, blogs, graphics or other materials (the “User Content”). You are solely responsible for your use of such areas and use them at your own risk. By using the website, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the website any of the following:

  • User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent, including without limitation any personal profile information, recommendation, endorsement, rating or review of an attorney with whom you have not had direct, personal experience in a professional legal context or as a client of such attorney;
  • User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, violate any applicable rules of professional conduct or that would otherwise create liability or violate any local, state, national or international law or regulation;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Terms;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for legal services, legal service providers or lawyer referral services;
  • Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files; and
  • User Content that, in the sole judgment of JudgeYourLawyer.com.au, is objectionable or which restricts or inhibits any other person from using or enjoying the website, or which may expose JudgeYourLawyer.com.au or its users to any harm or liability of any type.
  • JudgeYourLawyer.com.au takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is JudgeYourLawyer.com.au liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Any use of the website in violation of the foregoing violates these Terms and may result in termination or suspension of your right to use the website. JudgeYourLawyer.com.au reserves the right to restrict or remove any User Content posted or stored on the website at any time and for any reason without notice.

License of User Content to JudgeYourLawyer.com.au

By uploading or submitting User Content to the website for use, you grant JudgeYourLawyer.com.au a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed. If you post User Content to the website, unless we indicate otherwise, you grant JudgeYourLawyer.com.au and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the website and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

No Legal Advice or Practice of Law

The information and services on this website are not intended to and shall not be used as legal advice. You use the content, information and services on this website at your own risk. You acknowledge that under no circumstances is JudgeYourLawyer.com.au, its agents, affiliates or customers, providing legal advice or representation through JudgeYourLawyer.com.au, and that nothing on this website is intended as a substitute for legal advice from an attorney. UNDER NO CIRCUMSTANCE SHALL JudgeYourLawyer.com.au HAVE ANY LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH THIS WEBSITE. SUCH RELIANCE SHALL BE SOLELY AT YOUR OWN RISK.

No Attorney-Client Relationship & Confidentiality

You acknowledge that no attorney-client relationship is, or will be, formed through the use of this website, and that you have no expectation of privacy or confidentiality of communications occurring through this website. The hiring of an attorney is a critical decision and should not be predicated solely on comments, recommendations, advertisements, User Content or other posted materials contained on JudgeYourLawyer.com.au or any other website.

Attorney Professional Conduct

If you are an attorney participating in any aspect of JudgeYourLawyer.com.au, you acknowledge that the Rules or Codes of Professional Conduct (collectively, “Rules”) of the jurisdictions in which you are licensed apply to all aspects of your participation and that you will abide by such Rules. JudgeYourLawyer.com.au disclaims all responsibility for your compliance with these Rules. You warrant that User Content will be used to provide general information only, and not for the provision of legal advice or the practice of law.

Third Party Content

Third party content, messages and services may appear on this website or may be accessible through links from this website. JudgeYourLawyer.com.au is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from JudgeYourLawyer.com.au. You acknowledge that the information and opinions in the third party content are neither endorsed or controlled by, nor reflect the beliefs of, JudgeYourLawyer.com.au.

Termination

You acknowledge and agree that JudgeYourLawyer.com.au, in its sole discretion, may terminate your website access if your conduct is found to be unlawful, inconsistent with or in violation of, the letter or spirit of these Terms. JudgeYourLawyer.com.au shall not be liable to you or any third party for termination of website access. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the website.

Indemnification

You agree to indemnify, defend and hold JudgeYourLawyer.com.au and its officers, directors, employees, affiliates, agents, licensors and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms by you.

Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Western Australia and Australia, and you agree to submit to the exclusive jurisdiction of the state and federal courts sitting in Western Australia and Australia. You agree to waive all defences or objections to such jurisdiction and venue.

Severability of Provisions

If any provision of these Terms is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Enquiries

All enquiries made through forms on an individual firm’s listing are kept in strict confidentiality and forwarded directly to the firm via our system processes.

Contact Information

If you have any questions about these Terms, or about the content, information or services on this website, you may contact us via our contact us page.

User Content Takedown Procedure

The purpose of this takedown procedure is to enable a smooth resolution to the complaint.

Should you believe user submitted content which is defamatory in nature, please follow the following takedown procedure.

Provide a notice to JudgeYourLawyer.com.au via this email address – contact@judgeyourlawyer.com.au – with the following:

I refer to the website https://www.judgeyourlawyer.com.au (the “Website”) and give notice to the webmaster that via its Website it is causing or contributing to the publication of an allegedly defamatory statement.

The relevant statement appears on the Website at: [link to page where content is posted]

The words I consider to be defamatory are: [copy and paste exact words].

I allege that these words are defamatory because: [reasons for alleged defamatory content].

The alleged defamatory words are untrue because: [why you believe they are untrue].

[If your are acting on behalf of the claimant, include the following: The claimant, [person/entity], has authorised myself, [your name], to act on behalf of them in regards to the above alleged defamatory content.

I warrant and represent that the above claim is true.

Sign:

Date:

Follow the notice of alleged defamatory content, JudgeYourLawyer.com.au will take on of the following actions based on their unbiased assessment:

1. Removing the user submitted content

2. Seeking permission of the user who submitted the content to edit their submission

3. Edit the submission without the user’s permission to remove the defamatory content

4. Keep the user submitted content in tact.