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TERMS AND CONDITIONS OF USE

TERMS AND CONDITIONS OF USE AND PRIVACY POLICY OF THE LAWGUN™ PLATFORM – USERS

 

General Terms

These terms and conditions of use (“the terms”) and privacy policy form the basis on which you may access and use (from within any country in the world) our platform, including its websites, any subdomains of those websites, mobile sites, apps, voice assistant products, APIs, products, services and widgets (together called “our platform”, “the platform”  or “the LAWGUN platform” in these terms) made available by LAWGUN International (US, AUS, UK, NZ, CA, SA) (“LAWGUN”, “we”), a private limited liability company established in Australia (ABN: 626069190).

 

If you browse or otherwise access any content, data or search on the LAWGUN platform (including its website, mobile site, and any apps or social media portals), or make an application for referral on the platform, you agree to be bound by these terms.

 

The platform facilitates an indicative fee bidding process, and research assessment, of independent third-party providers of legal services. You understand and confirm, by your use of the platform, that LAWGUN is in no way affiliated with, or responsible for, any actions of any third-party, lawyer/firm, or their successors and/or agents, referrable to any use of the platform.

 

LAWGUN IS A DATA AND RESEARCH COMPANY, THAT UNDERTAKES A SMART COLLATION AND ASSESSMENT PROCESS, BASED ON CERTAIN METRICS, AND PROVIDES THE RESULTS OF THAT PROCESS TO YOU. YOU ACKNOWLEDGE THAT LAWGUN DOES NOT PROVIDE LEGAL SERVICES OR FUNCTION AS A LEGAL SERVICES PROVIDER, AND THAT ALL SUCH LEGAL SERVICES CAN ONLY BE PROVIDED BY INDEPENDENT THIRD PARTIES WHO ARE NOT ASSOCIATED WITH OR EMPLOYED BY LAWGUN, OR ANY OF ITS AFFILIATES, AND ON TERMS THAT ARE AGREED SOLELY BY YOU AND THE FIRM. YOU AGREE THAT LAWGUN HAS NO RIGHT TO   LEGAL SERVICES, AND DOES NOT PROVIDE LEGAL SERVICES, IN ANY WAY, TO YOU.

 

We reserve the right to change any or all of our terms of use or other conditions for using our platform at any time by publishing the new terms or conditions on our website. Your use of our platform constitutes your acceptance of those terms. Should you object to any of our terms of use or other notices on our platform your sole option is to immediately cease your use of our platform.

We do not warrant that content, links, or subdomains contained on, or associated with our website will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.

 

Information on our platform and in any LAWGUN publication should not be regarded as a substitute for professional, legal, financial or other advice. LAWGUN makes no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our platform by or through referrals on behalf of LAWGUN, and any third-party content on our website) and LAWGUN and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our platform or publications or communications.

 

You may not assign or transfer these terms in whole or in part without LAWGUN’s prior written approval. You give your approval to LAWGUN for it to assign or transfer these terms in whole or in part, including to:

  • a subsidiary or affiliate;

  • an acquirer of LAWGUN’s equity, business or assets; or

  • a successor by merger.

 

No joint venture, partnership, employment or agency relationship exists between you, LAWGUN or any third-party provider or user as a result of your use of the platform.

 

If any provision of these terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these terms but the legality, validity and enforceability of the other provisions in these terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these terms.

 

These terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

 

In these terms, the words “including” and “include” mean “including, but not limited to,” and a reference to LAWGUN means a reference to its subsidiaries, affiliates, acquirer’s, successors and assigns.

 

Acknowledgement of terms expressly confirmed/agreed during use

I acknowledge that, by commencing a search or application referral using the LAWGUN platform, I have already acknowledged (and now reconfirm) that:

  • I acknowledge that, by commencing a search or application referral using the LAWGUN platform, I have already acknowledged (and now reconfirm) that:

  • I do not currently have a lawyer/firm signed up, I am ready to proceed and engage a lawyer soon for this matter, and the information I have provided can be used to find my LawGun and is true and correct;

  • LAWGUN is an advanced referral service, and is not providing (and cannot provide) any legal services or advice to me. I also understand it is my responsibility to ensure any discounted rates are in any contract I choose to sign with a firm;

  • this matter is not urgent, and I am currently not under arrest/detained, or in an emergency situation that requires the urgent engagement of a lawyer or immediate assistance;

  • no relationship or obligation of legal professional privilege relates to the information and documents provided to LAWGUN;

  • I have all the necessary rights and permissions to forward/copy/upload the documents and information I have provided, and I grant LAWGUN full permission and licence to forward those materials to any lawyer/firm referral, use the information to track my progress and assist future research (de-identified), and/or copy or delete any or all of those materials/files from LAWGUN servers at any time;

  • LAWGUN is independent, and not affilated in any way with any firm and, in no event, shall LAWGUN be liable to me or any third party for anything associated with my FREE use of the platform, including any indirect, consequential, exemplary, incidental, special or punitive damages, or any other damages; and

  • I have read and agreed to the full terms and conditions.

 

Restrictions and agreements relating to the use of the platform

You represent and warrant that your use of our platform will comply at all times with these terms and any directions we make to you in relation to your use of our platform from time to time.

In accessing or using our platform you agree that you will not:

  • use any automated device, software, process or means to access, retrieve, scrape, or index our platform or any content on our website;

  • use any device, software, process or means to interfere or attempt to interfere with the proper working of our platform or website;

  • undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate usage;

  • use or index any content, data or methods on our platform for purposes of:

    • constructing, populating or operating any search or referral service, whether automated, manual or hybrid; and/or

    • competing with us in any manner that we have not specifically authorised;

  • transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;

  • use our platform or any content sent to you or from our platform in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;

  • violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;

  • pose as any person or entity or attempt to solicit money, passwords or personal information from any person;

  • act in violation of any term or condition, or other condition posed by us or any applicable law;

  • reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our platform or any content on our website or sent to you, except as expressly authorised by us; and/or

  • transmit or attempt to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature.

 

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person, authority, regulator or entity.

The platform is not available for use by persons under the age of 18.

You may not authorise third parties to use your details, and you may not assign or otherwise transfer a lead or brief to any other person or entity.

You agree to comply with all applicable laws when using the platform, and you may only use the platform for lawful purposes.

You will not, in your use of the platform, or when providing legal services, cause nuisance, annoyance, inconvenience, or damage to any party.

You are responsible for obtaining the data network access necessary to use the platform. Your mobile network’s data and messaging rates and fees may apply if you access or use the platform from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the platform and any associated applications. LAWGUN does not guarantee that the platform, or any portion thereof, will function on any particular hardware or device.

In addition, the platform may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

 

Limitation of Liability and Indemnity

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LAWGUN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LAWGUN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE PLATFORM OR ANY SERVICES REQUESTED THROUGH THE USE OF THE PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LAWGUN DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM, AND ANY SERVICE ENGAGED BY YOU IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

For the avoidance of doubt, IN NO EVENT SHALL LAWGUN, IT’S AFFILIATES, AGENTS OR ASSOCIATES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, OR THE USE OF THE PLATFORM OR SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF LAWGUN AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00.

Further, you agree to indemnify and hold LAWGUN, it’s directors, and its affiliates (and their officers, agents, partners and employees) harmless against any and all loss, liability, claim or demand (including any legal fees) arising out of, or in connection with your use of and access to our platform, making contributions and providing information, not in accordance with these terms.

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth), and other Commonwealth, State and Territory legislation, which may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, to the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services (note: LAWGUN is unable to - and does not - supply or resupply legal services, and can only supply or resupply search services).

Further, you agree that the only service provided by LAWGUN is expressly restricted to carrying out a search in accordance with the algorithms relevant to your search, as solely deemed by LAWGUN to be appropriate, at the particular time of your search, and that any search undertaken in accordance with these processes is entirely complete, reasonable, appropriate, and ‘best’ in your particular circumstances, and that any result of the search will be regarded by you as the ‘best’ search result, if the search was undertaken in accordance with the processes solely determined by LAWGUN to be appropriate at that time. LAWGUN makes no further assertion in relation to the provision of the service, and you confirm this is the nature of the service provided, and indemnify LAWGUN in relation to your use of the service, in accordance with the above terms.

 

Jurisdiction

Your use of our platform, these terms (including the privacy policy) and all of our legal terms and notices will be governed by and construed in accordance with the laws of South Australia, Australia and by using our platform you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.

Notices

We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times.

Any formal notices or communications should be sent to admin@lawgun.com.au. You agree that a notice sent to you by email will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice.

 

Copyrights and licences

The subject matter on and accessible from our platform and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, visitors to the platform do not have permission to download copyright material for any purpose.

Permission for the reproduction or use of LAWGUN copyright material must be obtained in writing directly from LAWGUN or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

LAWGUN may, in LAWGUN’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to LAWGUN through the platform textual, audio, and/or visual content and information, including commentary and feedback related to the platform, initiation of support requests, and submission of other information. To the extent that any information you provide to us when using the platform is proprietary in nature (or otherwise), you grant LAWGUN a worldwide, nonexclusive, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner that information in all formats and distribution channels now known or hereafter devised (including in connection with the platform and LAWGUN’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity, subject to any restrictions outlined in these terms.

Further, you represent and warrant that:

  • you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise LAWGUN to copy and retain information entered into the platform;

  • you will not make any application or use of the platform that infringes the intellectual property rights of any third-party;

  • you agree to pay all royalties, fees, damages or other monies payable by reason of any information provided by you being;

    • misleading or deceptive;

    • materially incorrect;

    • likely to cause offence;

    • directly or indirectly involved the advertising or marketing of any products or services;

    • obscene, including pornographic, hateful, racially or ethnically offensive material;

    • defamatory;

    • otherwise unlawful or encouraging unlawful conduct; or

    • otherwise inappropriate having regard to the purpose of our platform.

 

You may not:

  • remove any copyright, trademark or other proprietary notices from any portion of the platform;

  • reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the any portion of the platform or processes except as expressly permitted by LAWGUN;

  • decompile, reverse engineer or disassemble the platform or process except as may be permitted by applicable law;

  • link to, mirror or frame any portion of the platform;

  • cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the platform or unduly burden or hinder the operation and/or functionality of any aspect of the platform; and/or

  • attempt to gain unauthorised access to or impair any aspect of the platform or its related systems or networks.

 

Third-party links, referrals and advertising

Our platform may include advertisements, hyperlinks, pointers and referrals to third parties, and third-party websites. All third-party websites do not form part of our platform and are not under the control of or the responsibility of LAWGUN. When you link to those websites you leave our platform and do so entirely at your own risk.

LAWGUN and its related entities make no warranty as to the accuracy or reliability of the information contained on any third-party websites, and LAWGUN and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third-party websites. A display of advertising does not imply an endorsement or recommendation by LAWGUN.

 

The platform may be made available or accessed in connection with third-party services and content (including advertising) that LAWGUN does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. LAWGUN does not endorse such third-party services and content and in no event shall LAWGUN be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party information carriers if you access the platform using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the platform in any manner. Your access to the platform using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

 

Feedback

You acknowledge that in submitting any rating feedback you will act honestly and fairly and that you will not do anything which might unfairly damage the reputation of a any person or entity, or undermine the operation of the ratings system.

Privacy Policy

This privacy policy is the official online privacy policy, forms part of these terms, and applies to all information collected by LAWGUN. You accept that use of the platform includes your acceptance of this policy, as part of the terms.

LAWGUN is committed to complying with all Commonwealth legislation governing privacy of personal information by businesses, and to protecting and safeguarding your privacy when you deal with us.

The Office of the Australian Information Commissioner’s website at www.oaic.gov.au contains helpful information about privacy laws in Australia.

We retain the right to use or disclose information about you that is required to provide or facilitate the relevant services. We may also disclose your limited user and firm information to third-party payment processing providers in connection with any fee payments by firms.

Personal information may be collected by us from devices or browsers which you use to access the platform, or through affiliates or partners.

LAWGUN places great importance on the security of your information, and we have security measures in place to protect against the loss, misuse and alteration of personal information under our control.

Personal information will de-identified or destroyed securely when no longer required by us.

Information stored within our computer systems can only be accessed by those authorised on our network. However, no data transmission over the internet can be guaranteed to be 100 per cent secure. While we strive to protect your information, we cannot ensure or warrant the security of any information transmitted to or from the platform.

LAWGUN is committed to maintaining accurate, timely, relevant and appropriate information about our users and firms. Inaccurate information will be corrected upon receiving advice to this effect from you, subject to appropriate security identification processes we may require.

If you have any complaints in respect of this policy, or the use, collection, distribution or disposal of your personal information, please email us at info@lawgun.com.au 

 

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SMART SEARCH SYSTEM

INTERNAT. NETWORK OF LOCAL EXPERTS
& OVER 8 MILLION CASES, REVIEWS & DATA POINTS
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DISRUPTIVE TECH

LAWGUN PUTS THE POWER BACK IN YOUR HANDS

INFORMATION SECURITY MANAGEMENT SYSTEMS

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© 2018 LAWGUN International (US, AUS, UK, NZ, CA, SA). LAWGUN™ logos and branding are protected™®. Proprietary smart search system, model and algorithms subject to patents/prov. patents held by LAWGUN International. The LAWGUN smart search is a free referral service for non-firm users. LAWGUN is an independent research service and cannot, and does not, provide legal services. Each user is free to engage, or not engage, any service match to obtain their legal services. By using the game-changing LAWGUN proprietary research service, you are helping to put the power back in user hands.