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Lawlist
puts people in touch with lawyers in Melbourne, Sydney, Brisbane, Canberra, Adelaide
and other cities around Australia. The right solicitors and law firms found
for your needs.
REFERRAL
AGREEMENT
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1. |
By using the services
offered by Lawlist Pty Ltd through this website "lawlist.com.au", you agree to be
bound by the terms and conditions of this Referral Agreement as follows.
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2. |
You agree and acknowledge that: |
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2.1 |
Lawlist Pty Ltd owns the lawlist.com.au website. |
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2.2 |
Any information and services provided through this lawlist.com.au
website do not constitute the provision of legal advice and you are not entitled to
and will not rely on it as legal advice in using the information and services.
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2.3 |
You warrant that you do not rely and have not relied on Lawlist Pty Ltd or the lawlist.com.au
website in assessing whether any particular lawyer has the competence or legal ability
to provide you with any particular legal advice you may have sought or relied on; |
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2.4 |
Lawlist Pty Ltd does not warrant or guarantee or make any representation about, the
quality, competence, or extent of any services (including but not limited to legal
advice) provided by any lawyer as a result of a referral or recommendation by Lawlist
Pty Ltd or through the website lawlist.com.au. |
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2.5 |
You, and not Lawlist Pty Ltd, are responsible for assessing the competence, and legal
ability of all lawyers and other advisers you have contact with as a result of your
dealings with Lawlist Pty Ltd or use of the website lawlist.com.au. |
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2.6 |
Any contract or agreement for the provision of legal or other services with a lawyer
or legal practice that results from your dealings with Lawlist Pty Ltd or lawlist.com.au
will depend upon the arrangements you make with the lawyer or firm. In using the lawlist.com.au
website it is on condition that you acknowledge that Lawlist Pty Ltd is not, and will
not be, a party to any such agreement between you and any lawyer or legal practice. |
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2.7 |
Lawlist Pty Ltd does not warrant, guarantee, or represent that any lawyer who you
may be referred to or who may contact you through a referral by lawlist.com.au and
Lawlist Pty Ltd will agree to represent you or provide you with any legal advice. |
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2.8 |
Lawlist Pty Ltd does not warrant, guarantee, or represent that any lawyer who you
may be referred to or who may contact you through a referral by lawlist.com.au and
Lawlist Pty Ltd will not act for you in a negligent manner or an unprofessional manner
or a manner that might constitute professional misconduct. |
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2.9 |
Lawlist Pty Ltd may at its sole subjective discretion choose not to act upon and may
delete at its sole subjective discretion any email or message you may submit to it. |
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2.10 |
Your use of the lawlist.com.au website is at your risk and Lawlist Pty Ltd shall not
be liable for any errors, omissions, viruses, loss and/or damage arising from using,
opening or transmitting of emails or information to or from the lawlist.com.au or
any associated website. |
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2.11 |
With respect to the contents and links of the lawlist.com.au website, Lawlist Pty
Ltd expressly disclaims any implied warranty or representation about the accuracy,
reliability, relevance, currency, completeness, appropriateness or otherwise of those
contents and links for any particular purpose |
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2.12 |
Your use of the lawlist.com.au website is at your risk and Lawlist
Pty Ltd is not responsible or liable for any claim, loss, or damage, of any kind,
directly or indirectly resulting from your use of this website or the information
or the resources contained on or accessible through it whether from negligence or
other cause or both, including but not limited to damage caused by legal representation,
or a failure to receive legal representation caused by negligence, unprofessional
conduct or professional misconduct from a lawyer or legal practice that you may come
into contact with or be referred to by the lawlist.com.au website.
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3. |
No warranty, condition or term ("term") applies to this agreement unless it is set
out in this agreement or is implied by law and can not be lawfully excluded. If any
term is implied in to this agreement by law, and it would be illegal for Lawlist Pty
Ltd to exclude it, then so far as the relevant Act allows, Lawlist Pty Ltd's liability
for breach of that term is limited to: |
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3.1 |
if the term relates to services, re-supplying the services or (at Lawlist Pty Ltd's
option) paying for them to be re-supplied; and |
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3.2 |
if the term relates to documentary deliverables or materials, re-supplying them, or
(at Lawlist Pty Ltd's option) paying for having them to be re-supplied. |
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4.. |
You agree that if you make any claim against Lawlist Pty Ltd for loss as a result
of a breach of this agreement, or for negligence and that loss is contributed to by
your own actions, then liability for that loss will be apportioned as is appropriate
having regard to the respective responsibility for the loss, and the amount you may
recover from Lawlist Pty Ltd will be reduced by the extent of your contribution to
that loss. |
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5. |
To the maximum extent permitted by applicable law, Lawlist Pty
Ltd excludes liability for any direct, indirect, punitive, exemplary, contractual,
or consequential loss or damages, or any damages whatsoever of any kind, resulting
from any loss, whether based on breach of contract, negligence, product liability,
or otherwise, arising out of or in any way connected with the use or performance of
this website, or with the provision of or failure to make available any information,
services, or other resources contained on or accessible through this website, even
if Lawlist Pty Ltd has been advised of the possibility of such damages.
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6. |
With respect to products, goods, or services purchased from any entity identified,
named or linked through the lawlist.com.au website, Lawlist Pty Ltd shall not be liable
for any direct, indirect, punitive, exemplary, or consequential damages, or any damages
whatsoever, resulting from unauthorized access to or alteration of your transmission
or data, or any loss of use, loss of profits, litigation, or any other pecuniary or
intangible loss, whether based on breach of contract, negligence, product liability,
or otherwise, arising out of or in any way connected with the provision of or failure
to make available any such products, goods, or services, even if Lawlist Pty Ltd has
been advised of the possibility of such damages. |
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7. |
You indemnify and hold harmless Lawlist Pty Ltd, its employees,
officers, directors and agents against any and all liability and costs incurred by
you, in connection with any loss, liability, claim, demand, damage, and expense (including
any legal fees on an indemnity basis) sustained by you, arising from or in connection
with the contents or use of the lawlist.com.au website and any services provided by
Lawlist Pty Ltd.
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8. |
By your use of the lawlist.com.au website you accept that delay by Lawlist Pty Ltd
in exercising a right or remedy does not constitute a waiver of that right or remedy,
and you accept that a waiver (either wholly or in part) by Lawlist Pty Ltd of a right
or remedy will not operate as a subsequent waiver of the same right or remedy or of
any other right or remedy of Lawlist Pty Ltd. |
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9. |
By your use of the lawlist.com.au website you agree to waive any legal professional
privilege and/or confidentiality you may have with respect to any client register
(or similar document), file register (or similar document), trust account records,
general account records and tax invoices issued to you or held by or created by any
lawyers you engage as a result of Lawlist Pty Ltd referring you to such lawyers. You
agree to permit those lawyers to provide Lawlist Pty Ltd with a copy of the said tax
invoices or any other listed document and also to provide Lawlist Pty Ltd with an
overview of the results of your matter including an estimate of its duration, costs
and if applicable prospects of success or failure. |
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10. |
This Referral Agreement and the resolution of any dispute related to this agreement
or this website or the use by you of any services offered by or through this website
shall be governed by and construed in accordance with the laws of the State of Queensland,
Australia . |
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11. |
By your use of the lawlist.com.au website you: |
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11.1 |
irrevocably and unconditionally submit to the jurisdiction of the courts of
Queensland, Australia . |
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11.2 |
agree, that any legal action or proceeding between Lawlist Pty Ltd and you in relation
to this Referral Agreement or this website or the use by you of any service offered
by or through this website or the services you obtain from a lawyer must be brought
exclusively in a court of competent jurisdiction sitting at Brisbane in the State
of Queensland, Australia. |
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12 |
If any provision of this agreement is found to be invalid or
unenforceable by a court of law such provision will be severed from this agreement,
and such invalidity or unenforceability will not affect the remainder of the agreement,
which will continue in full force and effect. All rights not expressly granted herein
are reserved.
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13. |
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13.1 |
Lawlist Pty Ltd may amend any terms of this Referral Agreement
at any time at its sole subjective discretion, and such amendments shall be effective
immediately from and upon the posting of the amended agreement to the lawlist.com.au
website.
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13.2 |
Your use of the lawlist.com.au website constitutes your acceptance of the terms and
conditions of this agreement, as amended, if at all, each and every time you access
lawlist.com.au. |
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14. |
Above all, your use of the lawlist.com.au website is at all times at your own risk. |
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15. |
You consent to Lawlist Pty. Ltd. sending to you commercial electronic messages, predominately
for obtaining your feedback on services provided through this site or related services |
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By using the services offered by Lawlist Pty Ltd and contained on this
lawlist.com.au website, you are subject to the terms of, and agree to the terms and
conditions of the LAWLIST Referral Agreement. If
you do not agree with these terms, then do not use the services offered and please
leave this site.
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