Western Sydney
Legal reserves the right to publish or not to publish those ratings and
comments (feedback) on the Site at its absolute discretion.
Western Sydney
Legal reserves the right to delete or modify feedback submitted on the
website at any time for any reason.
In Australia and
other countries, feedback may be considered defamatory of the reputation
and standing of individuals and businesses. You acknowledge and agree that
Western Sydney Legal accepts no responsibility for liability, damage,
injury or loss that may arise from feedback submitted to or published on
the Site, and you, by these Terms and Conditions, release forever and
indemnify Western Sydney Legal from any liability it may incur arising out
of (whether directly or indirectly) any feedback you post on the Site.
Further you agree
that, if you or anyone else commences or threatens any action or
proceeding against Western Sydney Legal or makes any claim or demand
against Western Sydney Legal as a result of any feedback you submit to the
Site, Western Sydney Legal may in it’s absolute discretion, without any
notice to you immediately cancel or suspend your membership of the
website.
Insurance
The Independent
Contractor acknowledges he or she is an independent Contractor and Western
Sydney Legal does not maintain insurance in respect of accident or illness
of the Independent Contractor and that the Independent Contractor is not
subject to the provisions of any statutory workers’ compensation by Western
Sydney Legal.
The Independent
Contractor will obtain and maintain at its expense;
- A
minimum of $20 million public liability insurance cover;
- extended
third party insurance in respect of any motor vehicle used by the Independent
Contractor;
- professional
indemnity if the nature of the work conducted by the Independent
Contractor is such that professional indemnity insurance is required or
if required by Western Sydney Legal;
- any
other insurance that may be required by Law in the State or Territory in
which the Independent Contractor is operating.
- In the event the Independent
Contractor does not have full, adequate and up to date insurance, then Western
Sydney Legal reserves the right to suspend or delete the Independent
Contractors account and profile and may permanently bar the Independent
Contractor from creating an account or profile.
Termination
Either you or Western
Sydney Legal may terminate your account and these Conditions at any time
for any reason.
Termination of
these Conditions does not affect any Contract that has been formed between
Western Sydney Legal Users. If you have entered a Contract, you must
comply with the terms of that Contract including providing the Services or
making any payment as applicable.
Limitation of
Liability and indemnity and any other terms which by their nature should
continue to apply, will survive any termination or expiration of these
Conditions.
If your subscription
or these Terms are terminated for any reason then you may not without Western
Sydney Legal’s consent (in its absolute discretion) create any further subscriptions
with Western Sydney Legal and we may terminate any other subscriptions you
operate.
Limitation of
Liability
Subject
only to terms implied or imposed by the Competition and Consumer Act 2010
or rights of action created thereunder which cannot be excluded or
modified, Western Sydney Legal shall not be responsible or liable for
damage, injury or loss of any kind whatsoever, to any property or persons
howsoever caused arising out of or in connection with the use of the Site
or Services whether such loss arises directly or indirectly.
Western
Sydney Legal excludes all conditions and warranties that may be implied
by law. To the extent permitted by law, Western Sydney Legal’s liability
for breach of any warranty or condition (implied or otherwise) which
cannot be excluded is restricted, at Western Sydney Legal’s option, to
the re-supply of the relevant Western Sydney Legal service or a refund.
Notwithstanding
any other provision within these Terms and subject only to terms implied
or imposed by the Competition and Consumer Act 2010, Western Sydney Legal
shall not be liable for any consequential, special, economic, incidental
or indirect losses including, but not limited to, loss of production or
production stoppage, loss of profit or anticipated profit, loss of
revenue or other form of consideration, loss of income or anticipated
savings, loss of use, loss of contract, loss of data, loss of goodwill or
reputation, loss of opportunity, business interruption, holding over or
overhead loss, loss of future business or for any punitive or exemplary
damages whatsoever arising out of or in relation to these Terms.
General
These
Conditions are governed by the laws of New South Wales, Australia. You
and Western Sydney Legal submit to the exclusive jurisdiction of the
courts of New South Wales, Australia.
The
provisions of these Conditions are severable, and if any provision of
these Conditions are held to be invalid or unenforceable, such provision
may be removed and the remaining provisions will be enforceable.
These
Conditions may be assigned or novated by Western Sydney Legal to a third
party without your consent. In the event of an assignment or novation
User will remain bound by these Conditions.
These
Conditions sets out the entire understanding and agreement between the
Contract and Western Sydney Legal with respect to its subject matter.
No
agency, partnership, joint venture, employee-employer or other similar
relationship is created by these Conditions. You have no authority to
bind Western Sydney Legal, its related entities or affiliates in any way
whatsoever.
To the extent permitted by law, Western Sydney Legal
specifically disclaims all liability for any loss or damage incurred by
you in any manner due to the performance or non-performance of the
Contract.
General Terms and Conditions of Use
These Terms of Use
(“Terms”) govern your use of the Site and form a binding contractual
agreement between you, the user of the Site and us, Western Sydney Legal.
By using the Site
you acknowledge and agree that you have had sufficient opportunity to read
and understand the Terms and you agree to be bound by them. If you do not
agree to the Terms, please do not use the Site.
The Terms (as
published on the Site) together with any additional terms, conditions,
notices and disclaimers published on the Site and any documents available
for download on the Site regulate your use of the Site and Western Sydney
Legal services.
Through your use
of the Site and Western Sydney Legal services, you acknowledge and agree
that the Terms and Conditions constitute the rules and conditions of
access to, use of and supply of information from the Site.
All Terms that
govern your use of the Site (including disclaimers) may be amended by Western
Sydney Legal from time to time by posting those amendments on the Site
without any notice to you. Those amendments apply to your next usage of
the Site. You are responsible for ensuring that you regularly review the
Site and these Terms and Conditions. Your continued use of the Site after
any such changes are made will be deemed to constitute your acceptance of
those changes.
If you object to
any of the Terms or any subsequent changes to them, or become dissatisfied
with your use of the Western Sydney Legal service in any way, your only
remedy is to immediately stop using the services of Western Sydney Legal
and the Site.
If hyperlinks and
other redirection tools taking the user to other Sites operated by third
parties appear on the Site, you acknowledge that these Sites (Outside
Sites) are not controlled by Western Sydney Legal and do not form part the
Western Sydney Legal Site and agree that you will not hold Western Sydney
Legal liable or in any way accountable for anything that occurs on Outside
Sites.
Western Sydney
Legal aspires to connect quality businesses and quality customers. Western
Sydney Legal provides a platform for Businesses and Customers to match
their needs and requirements for the provision of services. YOU
ACKNOWLEDGE AND AGREE THAT WESTERN SYDNEY LEGAL IS IN NO WAY DIRECTLY
INVOLVED IN ANY TRANSACTIONS BETWEEN CUSTOMERS AND BUSINESSES AND ONLY
PROVIDES THIS MEDIUM TO FACILITATE THE INTRODUCTION OF CUSTOMERS AND
BUSINESSES. WESTERN SYDNEY LEGAL IN NO WAY GUARANTEES THE SERVICES OF THE
BUSINESSES NOR DOES IT PROVIDE ANY GUARANTEES AS TO THE AUTHENTICITY AND
FINANCIAL VIABILITY OF THE CUSTOMERS OR INDEPENDENT CONTRACTORS.
Western Sydney
Legal is not involved in the actual transaction between Users and Independent
Contractors after being introduced via the Site.
Western Sydney
Legal, uses its reasonable endeavours to ensure Independent Contractors
are accredited and/or is licensed but we have no control over the quality,
safety or legality of the items or content communicated via the Site by
any Independent Contractor or on their behalf, the truth or accuracy of
any, the ability of any Independent Contractor to provider services or the
ability of a User to buy services. We cannot censure and do not guarantee
that a User will complete a transaction or act lawfully in using the Site.
Scope of Western
Sydney Legal Service
Western Sydney
Legal provides the Western Sydney Legal platform to enable Users to
publish an Enquiry.
Independent Contractors may contact the User, provide a quote, or an
estimate of costs (‘Offer’) in response to an Enquiry.
If an Enquirer accepts an Offer on the Western Sydney Legal platform, the
Independent Contractor is required to contact the User.
The Independent Contractor must perform the Services required under
the Contract once an agreement to perform legal services has been made.
Western Sydney
Legal Role and Obligations
Western Sydney
Legal provides the Western Sydney Legal platform only, enabling Users to
publish Enquiries and make Offers on Enquiries.
Western Sydney Legal only permits Licensed Legal Practitioners to
become Users.
At its absolute discretion, Western Sydney Legal may refuse to allow
any person to subscribe to Western Sydney Legal or cancel or suspend any
existing subscription.
Western Sydney Legal accepts no liability for any aspect of the
Enquirer and Independent Contractor interaction, including but not limited
to the description, performance or delivery of Services.
Western Sydney Legal has no responsibility and makes no warranty as to
the truth or accuracy of any aspect of any information provided by Users,
including, but not limited to, the ability of Independent Contractors to
perform tasks or supply items, or the honesty or accuracy of any
information provided by Enquirers or the Enquirer’s ability to pay for the
Services requested.
Western Sydney Legal has no obligation to any User to assist or
involve itself in any dispute between Users although may do so to improve
User experience.
User
Obligations
You will at
all times:
Comply with
these Terms (including all Policies) and all applicable laws and
regulations;
only post accurate information on the Site; promptly and efficiently perform obligations to other User under a
Contract; and ensure that you are aware of any laws that apply to you as an
Enquirer or Independent Contractor, or in relation to using the Site.
You agree that any content (whether provided by Western Sydney Legal, a
User or a third party) on the Site may not be used on third party sites or
for other business purposes without Western Sydney Legal’s prior
permission.
You must not
use the Site for any illegal or immoral purpose.
You must maintain control of your Western Sydney Legal account and
must not deal your account in any way, including by allowing others to use
your account, or by transferring or selling your account or any of its
content to another person.
You grant Western Sydney Legal an unrestricted, worldwide,
royalty-free licence to use, reproduce, modify and adapt any content and
information posted on the Site for the purpose of publishing material on
the Site and as otherwise may be required to provide the Service, for the
general promotion of the Service, and as permitted by these Terms.
You agree that any information posted on the Site must not, in any way
whatsoever, be potentially or actually harmful to Western Sydney Legal or
any other person. Harm includes, but is not limited to, economic loss that
will or may be suffered by Western Sydney Legal.
Without limiting any provision of this Agreement, any information you
supply to Western Sydney Legal or publish in an Enquiry must be up to date
and kept up to date and must not:
- be false, inaccurate or misleading or deceptive;
- infringe any third party’s copyright, patent, trademark, trade secret or
other proprietary rights or intellectual property rights, rights of publicity,
confidentiality or privacy;
- be fraudulent or false;
- violate any applicable law, statute, ordinance or regulation (including,
but not limited to, those governing export and import control, consumer
protection, unfair competition, criminal law, antidiscrimination and trade
practices/fair trading laws);
- be defamatory, libellous, threatening or harassing;
- be sexually explicit, obscene, offensive or contain any material that, in Western
Sydney Legal’s sole and absolute discretion, is in any way inappropriate or
unlawful, including, but not limited to obscene, inappropriate or unlawful
images; or
- contain any malicious code, data or set of instructions that
intentionally or unintentionally causes harm or subverts the intended function
of the Site, including, but not limited to viruses, Trojan horses, worms, time
bombs, cancelbots, Easter eggs or other computer programming routines that may
damage, modify, delete, detrimentally interfere with, surreptitiously
intercept, access without authority or expropriate any system, data or personal
information.
Limitation of
Liability
Subject only
to terms implied or imposed by the Competition and Consumer Act 2010 or
rights of action created thereunder which cannot be excluded or modified, Western
Sydney Legal shall not be responsible or liable for damage, injury or loss
of any kind whatsoever, to any property or persons howsoever caused
arising out of or in connection with the use of the Site or Services
whether such loss arises directly or indirectly.
Western Sydney Legal excludes all conditions and warranties that may
be implied by law. To the extent permitted by law, Western Sydney Legal’s
liability for breach of any warranty or condition (implied or otherwise)
which cannot be excluded is restricted, at Western Sydney Legal’s option,
to the re-supply of the relevant Western Sydney Legal service or a refund.
Notwithstanding any other provision within these Terms and subject
only to terms implied or imposed by the Competition and Consumer Act 2010,
Western Sydney Legal shall not be liable for any consequential, special,
economic, incidental or indirect losses including, but not limited to,
loss of production or production stoppage, loss of profit or anticipated
profit, loss of revenue or other form of consideration, loss of income or
anticipated savings, loss of use, loss of contract, loss of data, loss of
goodwill or reputation, loss of opportunity, business interruption,
holding over or overhead loss, loss of future business or for any punitive
or exemplary damages whatsoever arising out of or in relation to these
Terms.
Indemnity
You indemnify and
release Western Sydney Legal and its directors, employees, agents, Independent
Contractors, affiliates from and against any claims, demands, proceedings,
losses and damages of every kind and nature including reasonable
solicitor’s fees, made by you or any third party due to or arising
(whether directly or indirectly) out of your breach of these Terms or your
violation of and law or the rights of a third party.
Privacy
Sydney
Legal’ privacy policy, which is available on the Site, applies to all
Users and forms part of these Terms. Use of the Site confirms that you
consent to, and authorise, the collection, use and disclosure of your
personal information in accordance with Western Sydney Legal’ privacy
policy.
Western Sydney Legal and/or people authorised by it, may gather and
process the information:which you may provide when accessing the Site, such as your name,
address, email address and other personal information about you; and
- programmed during the accessing of the Site.
- Western Sydney Legal may use the information acquired through the Site
to engage in direct marketing to you in any medium.
- Western Sydney Legal reserves the right to share your contact details
with Independent Contractors.
Termination
Either you or Western
Sydney Legal may terminate your account and these Terms at any time for
any reason.
Termination of these Terms does not affect any Contract that has been
formed between Western Sydney Legal Users. If you have entered a Contract,
you must comply with the terms of that Contract including providing the
Services or making any payment as applicable.
Limitation of Liability and any other terms which by their nature
should continue to apply, will survive any termination or expiration of
this Terms.
If your subscription or these Terms are terminated for any reason then
you may not without Western Sydney Legal’s consent (in its absolute
discretion) create any further accounts with Western Sydney Legal and we
may terminate any other subscriptions you operate.
When
registering your account, you hereby assign to us all present and future
copyright in all of original content submitted or posted by you to the
Site including without limitation: comments, forum posts, public messages,
reviews, ratings and the compilation of any inspiration board (but not
including the contents of any advertisement, advertiser’s profile, or any
Enquiries). You also irrevocably authorise us to use the content in any
way we please, including in a way that you might consider to infringe your
moral rights in the content. For the avoidance of doubt, nothing in this
paragraph requires you to create an account in order to be bound by these
Terms, and your use of the Site constitutes your agreement to these Terms.
The entire contents and design of the Site, including all trade marks,
designs, logo, text, images and audio and video files, is proprietary to
us or our content providers and is protected by copyright laws. The Site
is for your personal, non-commercial use. You may not reproduce, modify,
copy, distribute, transmit, communicate, display, publish or use any
material contained in the Site and/or our e-newsletters without our
express prior written permission or the permission of the relevant
copyright owner. You may not use any of the information or content on the
Site for commercial purposes or to establish, operate or maintain your own
product or service offering. You acknowledge that any breach by you of
this paragraph may cause damage to us which cannot adequately be remedied
by damages and that if you breach or act in a way which threatens to
breach this paragraph, we may seek injunctive relief against you.
Disclaimer
Western Sydney
Legal does not warrant, guarantee or make any representation that: the Site, or the server that makes the Site available are free of
software viruses; the functions contained in any software contained on the Site will
operate uninterrupted or are error-free; and errors and defects in the Site will be corrected.
Western Sydney Legal is not liable to you for:
- errors or omissions in the Site;
- delays to, interruptions of or cessation of the services provided in
the Site; and
- defamatory, offensive or illegal conduct of any user of the Site,
whether caused through negligence of Western Sydney Legal, its employees
or independent Contractors, or through any other cause.
You agree to accept the full cost of any necessary repair, correction
and maintenance of any of your computer software or hardware, which may be
necessary as a consequence of you accessing the Site.
These Terms
are governed by the laws of New South Wales, Australia. You and Western
Sydney Legal submit to the exclusive jurisdiction of the courts of New
South Wales, Australia.
The provisions of these Terms are severable, and if any provision of
these Terms are held to be invalid or unenforceable, such provision may be
removed and the remaining provisions will be enforceable.
These Terms may be assigned or novated by Western Sydney Legal to a
third party without your consent. In the event of an assignment or
novation User will remain bound by these Terms.
These Terms sets out the entire understanding and agreement between
User and Western Sydney Legal with respect to its subject matter.
Promotions
& Competitions
If Western Sydney
Legal runs promotions or competitions involving the awarding of prizes or
other gifts, Western Sydney Legal may modify the Terms and Conditions and
implement additional terms and conditions, which will be communicated to
you by posting them on the Site at the time of such promotions and
competitions.
Updates to
Website
Western Sydney
Legal may from time to time and at any time change or discontinue any
feature of the Site including content, hours or availability, the terms
and conditions and equipment required for access without notice to Users.
Definitions
“Western
Sydney Legal” “we” “us” “our” means Jim’s Group Pty Ltd ACN 101 925 268
trading as Western Sydney Legal.
“Contract” means the contract formed between and Enquirer and a Independent
Contractor on the Site for the provision of services.
“Independent Contractor” means a person, company or other legal entity
that has subscribed to use the services.
“Enquirer”
means a User that posts an Enquiry on the Site in search of particular
Services.
“Enquiry” means a request for a quote for services from a Independent
Contractor, or a general job post on the site by an Enquirer.
“Fee” means the fee payable by the Independent Contractor to Western
Sydney Legal for entering into a Contract or use of the Site.
“Offer” means an offer made by a Independent Contractor in response to
an Enquiry to perform the Services, by provision of a quote, estimate or
otherwise.
“Services” means the legal services to be rendered as described by the
User making the enquiry, including any variations or amendments agreed
before or subsequent to the creation of a Contract.
“Site” means the Western Sydney Legal website and platform at www.westernsydneylegal.com
“User” “you” “your” means the person who has signed up to use the
Site, whether as an Enquirer, Independent Contractor or otherwise.
