TERMS OF USE

DEFINITIONS

In this document:
"Claim" means any claim, whether or not such a claim is based on a cause of action recognized under the laws of New South Wales, Australia.
"Client" means a person whose legal enquiry appears on the Website;
"Court" means a court or tribunal constituted under the laws of New South Wales, Australia.
"FAQ" means Frequently Asked Questions and Answers (FAQ) Section of the website, located at: http://www.clientsearch.com.au/faq/
"Lawyer Registration Form" means the form appearing on the Website which a Legal Practitioner is required to complete and submit to Client Search Pty Limited before using the Website;
"Legal Enquiry" means the enquiry of a client relating to a legal issue or matter, the details of which are shown on the Website;
"Legal Enquiry Form" means a form, electronic or otherwise, which is completed by a Client, in relation to their legal enquiry, the matter details of which are shown on the Website;
"Legal Practitioner" means a person who is lawfully entitled to practice as a solicitor, attorney or barrister in that person's geographical area of practice within Australia;
"Linked Site" means a website, other than clientsearch.com.au, which is accessible from clientsearch.com.au;
"Referral" means any Legal Enquiry Form obtained by You through the Website;
"Referral Fee" means a package price referred to in the Client Search Package Structure details of which are shown on the Website under FAQ.
"Website" means clientsearch.com.au which is owned and operated by Client Search Pty Limited (ACN 123 073 192); and
"You" means the Legal Practitioner using the Website;

By using the service offered by the Website, You agree to be bound by the following terms and conditions:

1. It is a condition of your use of the Website that You are a Legal Practitioner.
1.a. You acknowledge that all client search packages are valid for a period of one month commencing from the date of purchase

2. A Legal Practitioner who uses the Website and accepts instructions from a Client must use every endeavor to enter into a written retainer with the Client where the law requires You to do so. A Legal Practitioner is not obliged to comply with this term only in the following circumstances:

(a) The interests of the Client regarding their Legal Enquiry conflict with the interests of the Legal Practitioner;
(b) In relation to the Client's Legal Enquiry, the Legal Practitioner reasonably believes that he or she will not be able to comply with the legislative requirements, rules and standards governing the practice of the Legal Practitioner;
(c) The Legal Practitioner reasonably believes that the Client does not have a bona fide Legal Enquiry; and
(d) The Legal Practitioner has had previous adverse dealings with the Client, including, but not limited to, the institution of debt recovery proceedings against the Client in relation to professional costs and disbursements owed by the Client to the Legal Practitioner.

3. You warrant that the information that You provide to Client Search Pty Limited in the Lawyer Registration Form is correct and complete. You also agree to provide Client Search Pty Limited with information reasonably requested by Client Search Pty Limited in order to confirm your compliance with these Terms of Use.

4. You warrant that you will not on sell or re-refer referrals to other legal practitioners (other than those legal practitioners under your employ), without the express written consent of Client Search Pty Limited.

5. You warrant that you will not cause and/or permit to be caused any act which, either directly or indirectly, seeks to compromise the integrity of the website. You also warrant that your bona fide use of the website will be exercised fairly at all times.

6. These Terms of Use are to be read in conjunction with the Client Search Privacy Policy and FAQ section of this web site. In the event of any inconsistency, the Terms of Use shall apply.

NOTICE

7. Client Search Pty Limited may, at its sole and absolute discretion, amend these Terms of Use and such amendments shall be effective immediately upon the posting of the amendments to the Website. You acknowledge that these amendments may include, but are not limited to, amendments to the content contained on the Website including the annual registration fee, package prices, referral fees. You acknowledge that your use of the Website constitutes your acceptance of these Terms of Use, as amended, if at all, each and every time You use the Website.

DISCLOSURE OF REFERRAL FEE

8. Before you accept instructions from the Client to act for them in relation to their Legal Enquiry, You must inform the Client that You have paid a fee to Client Search Pty Limited in relation to the referral of that Client's Legal Enquiry.

9. You warrant that the costs borne by You in relation to your use of this service will not be passed onto the Client.

INDEMNITIES

10. You agree to indemnify, and keep indemnified, Client Search Pty Limited for any claim brought against it by a Client whose Legal Enquiry you purchase and from whom you accept instructions from in relation to that Legal Enquiry.

11. You agree that Client Search Pty Limited, or any of its officers, directors, employees and agents, is not liable to indemnify You for any losses of any nature sustained by You as a result of your use of this Website and any services provided by Client Search Pty Limited.

12. With respect to any of the information provided for by a Client in a Legal Enquiry Form, including, but not limited to, contact information. You acknowledge that Client Search Pty Limited has not supplied any of the information contained in the Legal Enquiry Form and that Client Search Pty Limited expressly disclaims any implied warranty or representation about the accuracy, reliability, duplicity, relevance, currency, completeness, timeliness, genuineness, appropriateness or otherwise of such information.

13. Client Search Pty Limited does not guarantee or warrant that every Legal Enquiry purchased by You will result in You earning professional fees from dealing with the Client. You acknowledge that Client Search Pty Limited does not guarantee or warrant that there will be a sufficient volume of Legal Enquiries for You to choose from at any one time.

14. You agree not to make any claim against Client Search Pty Limited for any loss as a result of a breach of these Terms of Use. To the maximum extent permitted by the applicable law, Client Search Pty Limited excludes liability for 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 including the information contained within a Legal Enquiry purchased by You.

15. You acknowledge and agree that all indemnities provided under the Terms of Use are unconditional, irrevocable and perpetual, irrespective of termination of these Terms of Use or your discontinued use of this Website.

TERMINATION

16. You acknowledge and agree that Client Search Pty Limited may, at its sole and absolute discretion and without cause, terminate or suspend your use of the Website immediately without notice or upon giving You notice of termination or suspension, such notice being sent by e-mail to the e-mail address specified in your current Lawyer Registration Form. Any registration fees paid are not refundable upon such termination or suspension.

JURISDICTION

17. The laws of New South Wales, Australia, govern the construction of these Terms of Use and the resolution of any dispute relating to or arising out of these Terms of Use or the use of the Website.

18. By your use of the Website, You irrevocably and unconditionally submit to the jurisdiction of the Courts of New South Wales, Australia and You agree that any legal action or proceedings, including proposed proceedings, involving Client Search Pty Limited, relating to or arising out of these Terms of Use, or the use of the Website, must be brought exclusively in a Court sitting in the City of Sydney in the State of New South Wales, Australia.

19. If any provision in these Terms of Use is found to be invalid or unenforceable by a Court, such provision will be severed from these Terms of Use and such invalidity or unenforceability will not affect the validity and enforceability of the remainder of these Terms of Use. All rights not expressly granted herein are reserved.

LINKED SITES

20. With respect to your use, in any way, of a Linked Site, Client Search Pty Limited shall not be liable for any damages You sustain as a result of such use. You acknowledge and agree that your use of the Client Search Pty Limited website is at all times at your own risk.

21. Postcode mapping information supplied by, and copyright FindMap

COMMERCIAL MESSAGES

22. You consent to Client Search Pty Limited sending to You e-mails providing You with advertisements and notices and requesting feedback on services provided in relation to the Website. You warrant and acknowledge that by using the service offered by Client Search Pty Limited and contained in the Client Search Pty Limited Website, you are subject to the Terms of Use and agree to the Terms of Use related to this service.