Conditions of use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE.

General

These Terms of Service (the Terms) govern your use of our website located at www.lawdirectory.org (the Site) and form a binding contractual agreement between you, the user of the Site and us, Ossigeno Pty Ltd (Ossigeno). For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site.

By completing the registration process or by continuing to browse the Site, you acknowledge and agree that you have had sufficient chance to read and understand these Terms and that you agree to be bound by them. If you do not agree to these Terms, you may not access or otherwise use the Site and the Services offered on the Site.

By using the Site, you expressly warrant that you are of legal age and you are legally capable of entering into binding contracts under law. If you are accessing the Site on behalf of another person, you expressly warrant that you are authorized to accept these Terms on that person's behalf.

Definitions

In these Terms:

Confidential Information means all information provided by one party to the other in connection with these Terms where such information is identified as confidential at the time of its disclosure or ought to be reasonably considered confidential based on its content, nature or the manner of its disclosure, but excluding:

information that enters the public domain or is disclosed to a party by a third party, other than through a breach of this Agreement; and

information developed independently by a party.

Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by Ossigeno to you.

Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.

Services means the online legal practitioner directory services provided by Ossigeno through the Site. This includes Services currently offered by Ossigeno and any Services or products that Ossigeno may choose to offer in the future.

Site means the website accessible at www.lawdirectory.org.

Terms means these terms and conditions of use and the documents referred to on it.

User Generated Content means any and all data, text, software, images, audio or video material and other content in any medium produced and provided on the Site by a User.

User means a person who gains access to the Site and Services by completing the registration process. This definition also includes casual browsers of the Site and Services, regardless of registration status.

You means you, the User.

Us, We, Our means Ossigeno.

Accessing the Site

We reserve the right to withdraw or amend the Services and Content, including user generated content we provide on the Site without notice. We will not be liable for any reason our Site is unavailable at any time or for any period. We may restrict access to some parts of or the entire Site, from time to time.

When you register to the Site for the Services, you are provided with a User account and password. You must treat such information as confidential and you must not disclose it to any third party. If you have reason to believe that your user name or password has been obtained by someone else without your consent, you must inform us immediately to disable your account.

Upon registration, Users are provided with the option to create a unique subdomain to the Site. You agree that the subdomain you create must be your law practice’s name or a close resemblance to it. You acknowledge and agree that in the event that descriptive terms are included in the subdomain created, we reserve the right to delete the subdomain.

We have the right to disable any User or password, at any time, if we consider that you have failed to comply with any of the provisions of these Terms.

Scope of the Services

Users acknowledge and agree that any transactions or solicitor/client relationships formed are only between the Users, in their capacities as law practices and clients. Ossigeno is not a party to such transactions and therefore is not responsible for any representations or work undertaken by any Users.

Law practices acknowledge and agree that in registering as Users to this Site and Services does not preclude them from complying with any laws and regulations applicable to undertaking legal services on behalf of a client. Users are responsible for their own compliance practices.

The Site and the Services functions as an online directory and portal. Users are also provided with a platform to share publications or articles. We have not and do not hold ourselves out to be legal professionals. The Site and Services are not meant to replace professional advice from qualified professionals. We strongly advise you to do your own due diligence and/or seek professional advice in decision-making process.

Our Intellectual Property Rights

Nothing in these Terms constitutes a transfer of any Intellectual Property Rights. You acknowledge and agree that, as between you and us, we own all Intellectual Property Rights, including Trade Marks, in the Site, excluding any User Generated Content posted or added by you.

You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.

You must not use any part of the Content on the Site for commercial purposes without first obtaining a licence to do so from us.

If you breach these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies you have made.

Users are given the option to write reviews for law practices that have provided them with services. These reviews will be made publicly viewable on the relevant User’s subdomain subject to that User’s approval.

Unless expressly stated, all persons, third party trade marks and images of third party products, services or locations on the Site are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection. Where a trade mark or brand name is used, it is solely used to describe or identify products.

User Generated Content

You must not add any Content to the Site:

  • unless you hold all necessary rights, licences and consents to do so;
  • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  • that is unsolicited, undisclosed or unauthorized advertising;
  • that are 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;
  • that would bring us, or the Site, into disrepute; or
  • that infringes the Intellectual Property or other rights of any person.

You agree to keep all records necessary to establish that your User Generated Content does not violate any of the requirements under clause 6.1 and make such records available upon our reasonable request.

You acknowledge that the Site does not have any “digital rights management” or other security technology features to restrict someone who receives or has access to the User Generated Content from copying and distributing it.

You retain ownership of your Copyrights and other Intellectual Property and proprietary rights in any User Generated Content you post to the Site. These Terms do not prevent you from granting non-exclusive rights to use your User Generated Content to others.

We are under no obligation to regularly monitor the accuracy or reliability of User Generated Content appearing on the Site. We reserve the right to modify or remove any User Generated Content at any time.

Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by User Admins or third parties, including other Users, are those of the respective author(s) or distributor(s) and not of Ossigeno.

Limitation of liability and indemnity

You agree that we shall not be liable for any damages suffered as a result of using, copying, distributing, or downloading Content from the Site.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services.

We do not endorse the contents of any User Generated Content and expressly disclaim any and all liability in connection with them. We do not pre-screen or monitor User Generated Content. In no event shall we be liable for any claims by a User or any third party including, but not limited to, any misleading or deceptive statements and/or misrepresentations incorporated into any User Generated Content. It is the User’s sole responsibility to ensure the accuracy of the data inputted into User Generated Content.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

As a condition of your access to and use of the Site, you agree to indemnify Ossigeno and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:

  • your access to and use of the Site and Content; and
  • your violation of these Terms and any applicable law or the rights of another person or party.
Prohibited Use

You acknowledge and agree that you are responsible for your own conduct and User Generated Content while using the Site and for any consequences thereof. You agree to only use the Site only for purposes that are legal, proper, and in accordance with this Term and the documents referred to in it. Prohibited conduct and use includes, but is not limited to:

  • defamation, abuse, harassment, stalking, threatening or otherwise violating the legal rights of others;
  • upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms and our PRIVACY POLICY;
  • impersonation of another person or entity, or falsification or deletion of any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
  • restrict or inhibit any other user from using and enjoying the Services;
  • use the Services for any illegal or unauthorized purpose;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information or data contained within site about users for any unauthorized purpose;
  • create user accounts by automated means or under false or fraudulent pretences;
  • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
Disclaimer

Unless expressly stated, the Services and Content on the Site are provided “as is” and are for Users only, and all express or implied conditions, representations and warranties, including any implied warranty of fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid.

We make no representations, warranties, guaranties as to the quality, suitability, truth, accuracy, or completeness of any of the Content and User Generated Content available on the Site. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorised Ossigeno employees acting in their official capacities.

We are in no way associated, linked or affiliated with the entities which own the third party trade marks and the products used in the creation of the Services and Content for the Site. Where a trade mark or brand name is used, it is solely used to describe or identify products.

The Site may be linked to other websites which are not under the control of and are not maintained by Ossigeno. We are not responsible for the content of those sites. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those sites.

These Terms and Ossigeno’s Privacy Policy are only applicable to the Site. Once you choose to link to another website, you should read and understand that website’s own privacy policy before providing personal information.

User Generated Content produced and provided on the Site by a User have not been individually authenticated and endorsed in whole or in part by Ossigeno. We are committed to respecting others’ Intellectual Property Rights, and we ask that Users to do the same. We may, in our sole discretion, remove User Generated Content that may infringe or otherwise violate others’ Intellectual Property Rights.

Termination or cancellation

You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your subscription, or suspend or block your access to the Site.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.

Written communications

By using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site.

You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.

Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:

  • For letters, the letter was properly addressed, stamped and placed in the post; and
  • For emails, the email was sent to the specified email address.
No waiver

If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.

If we waive a default, it does not constitute a waiver of any subsequent defaults.

No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per clause 10.

Force Majeure

We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of this Agreement, where this arises out of circumstances beyond our control, including but not limited to:

  • Acts of god;
  • Natural disasters;
  • Sabotage;
  • Accident;
  • Riot;
  • Shortage of supplies, equipment, and materials;
  • Strikes and lockouts;
  • Civil unrest;
  • Computer hacking; or
  • Malicious damage.
Severability

If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.

Privacy

Please review our PRIVACY POLICY, which sets out how we will use and disclosure of your Confidential Information. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

Changes to the terms and conditions

Any material on the Site may be out of date at any given time and we are under no obligation to update such material.

We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise.

If we have made any amendments that materially alter the Terms, we will prompt you to read and accept the amended Terms again. The amendments to the Terms will take effect immediately upon acceptance.

Entire Agreement

These Terms and the documents expressly referred to in them constitute the entire Agreement between you and Ossigeno, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Services.

We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.

Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia and each party submits to the jurisdiction of the courts of the Victoria.