Terms and conditions
General Terms and Conditions
1. The Agreement
By using this website, you agree to be bound by these terms and conditions (“Terms”) and our Privacy Policy https://lawpath.com.au/pages/privacy_policy. By clicking “I Agree” you agree that you become a Member of LawPath. These Terms and the Privacy Policy will change from time to time and you will be bound by those changes.
2. Definitions
Intellectual Property means all intellectual property rights of whatever nature anywhere in the world conferred under statute, common law or equity and includes rights in respect of or in connection with copyright, whether or not registered or registrable, and includes the right to apply for or renew the registration of such rights.
Lawpath, we and our refers to LawPath Operations Pty Limited.
LawPath Website means the website http://lawpath.com.au and http://lawpath.com
Lawyer means an Australian lawyer with a valid practising certificate in one of the Australian states and territories or other person qualified to provide the assistance required (eg. migration agent)
Legal Documents means the document templates that can be purchased from the “legal documents” section and Legal Document Store of the LawPath Website.
Legal Plan means the LawPath legal subscription plan that user can access for a monthly fee.
Legal Plan Member means a person who has signed up for the LawPath Legal Plan.
Member means a person who has created a LawPath account on the LawPath Website.
Member Account means the account created on the LawPath Website.
3. We are not lawyers
LawPath is a platform for connecting businesses with lawyers.
LawPath is not a law firm, is not engaging in a legal practice and LawPath do not act as lawyers. LawPath does not provide legal advice. Nothing on LawPath is legal advice and you cannot rely on it. You should always consult a lawyer to get certainty of your legal rights and obligations.
4. Limitation of Liability and Indemnity
These Terms, the Privacy Policy and any notices or disclaimers on the LawPath website are the entire agreement between us and all implied terms are excluded to the extent possible under law.
If you are not a Consumer (under the Australian Competition & Consumer Act) you agree that LawPath has no direct or indirect liability (including in negligence) to you in any way related to your use of LawPath. If you are a Consumer (under the Australian Competition & Consumer Act), LawPath limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Competition & Consumer Act.
Where there is a breach of the Consumer Guarantees, we limit our liability to the refund to you of any moneys paid by you to us, the supply to you of the service again or the payment of the cost of having the service we provided to you provided again. Except as set out above, neither party will be liable for any liabilities, claims, costs and expenses (including legal costs), damage or injury or any consequential, direct or indirect loss (“Loss”).
You agree to indemnify LawPath for any Loss LawPath suffers or liability LawPath incurs directly or indirectly as a result of or in connection with any Loss LawPath suffers as a result of your misuse of this website or if you breach these terms and conditions, should LawPath have to pay a third party or as a result of any claims, actions or demands made against LawPath as a consequence of your breach.
5. Site Content
a. You may read and copy the information on LawPath for your own needs but you may not publish, resell or sub-licence it. LawPath makes no guarantees, representations or warranties about the accuracy or legal correctness of any of the information on LawPath.
b. LawPath works with a number of partners and affiliates whose websites are linked with LawPath and are controlled by parties other than LawPath (each a "Third Party Site"). LawPath is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. LawPath makes no guarantees about the content or quality of the products or services provided by such sites. If you have purchased a package that includes any Third Party Services, the third party may contact you by email and/or phone with instructions on how to access your benefits. You may be required to accept additional terms located on the Third Party Site.
c. Certain services made available on the LawPath Site are delivered by third parties. By using any product, service, or functionality originating from the LawPath Site, you are allowing LawPath to share information with any third party with whom LawPath has a pertinent contractual relationship – any information necessary to facilitate its provisions of products, services, or functionality to you.
6. Member Accounts
You must complete the registration process by providing LawPath with your name, address, email address, phone number and location. You will also need to generate a password and username. You are responsible for maintaining the confidentiality of your Member Account and all the activities under your account.
You agree to notify LawPath immediately following any unauthorised use of your Member Account.
7. Termination
Either you or us may terminate the agreement immediately at any time by email.
8. Severability
This agreement will be enforced to the fullest extent permitted by applicable law. If anything in this agreement is unenforceable, illegal or void then it is severed and the rest of the agreement remains in force.
9. Entire Agreement
These terms constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.
If you wish to notify us about anything relating to this agreement please contact us at support@lawpath.com.au
10. Governing Law
The laws of New South Wales, Australia govern this agreement and you agree to the courts of New South Wales having jurisdiction in any matter under this agreement.
11. Terms and Conditions specific to the Speak to a Lawyer for Free Service
11.1. Questions
As a Member you are able to ask legal questions (by email). When you submit a question on LawPath, we will keep that information confidential, except you agree that we may send details of that question to Lawyers and any other service providers we use who are under an obligation to keep your question and all information you provide confidential. It is completely in our discretion if we accept your question or if we decide to connect you with a Lawyer. We can refuse to assist on any question for any reason whatsoever.
11.2. Lawyer Contact
A Lawyer will contact you by phone to provide an initial response to your question. We aim to have a Lawyer contact you within 2 business days of your initial question but we do not guarantee this. The Lawyer will spend up to 30 minutes with you discussing your matter at no cost and with no obligations on you. It is the sole discretion of the lawyers as to whether they engage in the connection.
11.3. Initial Response not Legal Advice
Please note that when you receive an initial response to your question from the Lawyer, the information provided by the Lawyer is general in nature and is not legal advice, unless the Lawyer says that it can be relied on as legal advice. When you receive the initial response, you agree that there is no lawyer-client relationship between you and the Lawyer and you have no claim against LawPath or the Lawyer in relation to the initial response. LawPath does not guarantee the information provided to you by the Lawyer in any way.
11.4. Engage with Lawyer
If, after the initial discussion, you want to receive legal advice from the Lawyer, you will enter into a separate contract with the Lawyer to obtain that advice. This contract is a direct relationship between you and the Lawyer and we are not parties to or in any way responsible for any issues arising between you and the Lawyer.
11.5. Lawyers not Agents
Where LawPath has introduced you to a Lawyer, you agree that LawPath has no liability in relation to the discussions or other actions between you and the Lawyer. Lawyers are independent of LawPath and are not agents, contractors or employees of Lawpath.
11.6. No Payment
We do not charge you for your question or for connecting you with a lawyer. The Lawyer will not charge you for the initial response (up to 30 minutes).
12. Terms and Conditions specific to buying Legal Documents
12.1 The Parties
This licence with respect to the Legal Documents is between:
a. where the Legal Document is the property of LawPath, LawPath; or
b. where the Legal Document is the property of or licensed by LexisNexis, Reed International Books Australia Pty Limited trading as LexisNexis,
and the individual or company to whom LawPath and/or LexisNexis have agreed to supply the online and/or digital services and materials (“you”).
LawPath and LexisNexis are referred to in this clause 12 as “we”, “us” or “our” as relevant.
The following terms and conditions in clause 12 govern your use of the online services and/or digital services supplied by us (the “Services”) and the materials and content available therein (“Materials”):
12.2 Licence; Restrictions on Use
12.2.1 You are granted, during the term of this agreement, a non-exclusive, non-transferable, limited licence to access and use the Services and Materials from time to time made available to you for the internal purposes only of (i) research, reference or study, (ii) providing professional services to your clients where you are a legal practitioner, and/or (iii) providing academic services to students (where you are an academic institution). You may:
a. electronically display Materials retrieved from the Services for your own use;
b. search and view the Materials for your own research purposes;
c. obtain a printout of a reasonable portion of the Materials;
d. to the extent expressly permitted by applicable copyright law, make copies of the Materials;
e. retrieve and store a single machine-readable copy of a reasonable portion of the Materials. This clause is subject to the overriding obligation upon you not to create your own independently searchable database of the Materials; and
f. copy, revise, customise and use the forms, templates, checklists and precedents that form part of the Materials (“Forms”).
12.2.3 You must not:
a. use the Services or Materials in any fashion that infringes the copyright or proprietary interests therein; or
b. remove or obscure the copyright notice or other notices contained in Materials.
Except as specifically provided in clauses 12.2.1 and 12.2.2, you are otherwise prohibited from downloading, storing, reproducing, transmitting, displaying, printing, copying, distributing, or using Materials retrieved from the Services.
All right, title, and interest (including all copyrights and other intellectual property rights) in the Services and Materials (in both print and machine-readable forms) belong to us or our third party suppliers. You acquire no ownership of copyright or other intellectual property rights or proprietary interest in the Services, Materials, or copies thereof.
Other provisions that govern your use of Materials are set forth in your applicable price schedule, online descriptions of files, online notices following file selection, and individual documents retrieved from the Services (collectively, the “Additional Terms”), all of which are incorporated by reference into these Terms and Conditions. To the extent there is any inconsistency between the Additional Terms and General Terms and Conditions, the Additional Terms prevail.
12.3. Payment & Refund
In exchange for payment of the fee set out at the relevant part of the LawPath Website, you are entitled to access and use the Services and Materials in accordance with these General Terms.
If you are unsatisfied with a Legal Document you have purchased, please notify us within 30 days of purchase and we will attempt to resolve your concerns. If we are unable to resolve your concerns, we will refund your fee provided you agree to delete the document from your system.
12.3.1 Warranties & Guarantees
If you are a “consumer” for the purposes of the Australian Consumer Law, certain guarantees may be conferred on you and certain rights and remedies may be conferred on you which cannot be excluded, restricted or modified. If so, then to the maximum extent permitted by law, our liability to you is limited at our option to: (a) in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and (b) in the case of services, resupply of the services or payment of the cost of re-supplying the services. In this clause, Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
We represent and warrant that we have the right and authority to make the Services and Materials available pursuant to these Terms and Conditions.
SUBJECT TO CLAUSE 12 AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND, UNLESS EXPRESSLY STATED TO THE CONTRARY IN THIS AGREEMENT, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, BY STATUTE, TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION THAT THE SERVICES AND MATERIALS ARE OR WILL BE COMPLETE OR FREE FROM ERRORS OR THAT INFORMATION WILL CONTINUE TO BE AVAILABLE TO US TO ENABLE US TO KEEP THE SERVICES AND MATERIALS UP-TO-DATE.
We do not know the circumstances under which you wish to use the Legal Document, therefore we do not in any way represent or guarantee that the Legal Document is legally correct or will be legally effective.
12.4. Limitation of Liability
Subject to these Terms and to the maximum extent permitted by law, a Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Services or any Materials available or not included therein, (b) the unavailability or interruption to the supply of the Services or any features thereof or any Materials, (c) your use or misuse of the Services or Materials (regardless of whether you received any assistance from a Covered Party in using or misusing the Services), (d) your use of any equipment in connection with the Services, (e) the content of Materials, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any negligence of a Covered Party or its employees, contractors or agents in connection with the performance of our obligations under this agreement (other than liability for death or personal injury).
“Covered Party” means (a) us, our affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of us or our affiliates; and (b) each third party supplier of Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or any of their affiliates.
Our liability to you for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that you caused or contributed to that loss or damage.
SUBJECT TO CLAUSE 12 AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COVERED PARTIES WHETHER FOR BREACH OF THIS AGREEMENT OR IN TORT (INCLUDING NEGLIGENCE) OR FOR ANY OTHER COMMON LAW OR STATUTORY CAUSE OF ACTION SHALL NOT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.
THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
The Materials are provided for reference purposes only and are not intended, nor should they be used, as a substitute for professional advice or judgement or to provide legal advice with respect to particular circumstances.
You recognize and accept that:
a. We do not undertake any obligation to consider whether the information provided to or by us for the purpose of our Materials (including answering a query) is either sufficient, up to date or appropriate for any particular or actual circumstances. Whilst reasonable efforts are made to keep the Materials up to date, you should obtain independent verification or advice before relying upon any piece of information in circumstances where loss or damage may result.
b. We are not a law firm; we do not represent or advise clients in any matter and are not bound by the professional responsibilities and duties of a practising lawyer. Nothing in the Services, or the Materials or in the Agreement nor any receipt or use of the Services or Materials, shall be construed or relied on as advertising or soliciting to provide any legal services, creating any solicitor-client relationship or providing any legal representation, advice or opinion whatsoever on behalf of us, our staff, our authors, our third party content providers, LawPath or its staff, agents and contractors.
You shall indemnity and keep us indemnified on demand against any loss, injury, claim, liability, or damage of any kind that we suffer or incur as a result of any infringement of a third party’s intellectual property rights by your adaption of the Forms.
12.5. Miscellaneous
Neither party will disclose to any third party details of this agreement or any of the negotiations undertaken in relation to this agreement without the prior written consent of the other.
Except as otherwise provided herein, all notices and other communications to you hereunder shall be in writing or displayed electronically in the Services by the provider thereof. Notices to you shall be deemed to have been properly given on the date posted, if posted; on the date first made available, if displayed in the Services; or on the date received, if delivered in any other manner. Notices to us should be sent to your account representative.
The failure of us or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
You may not assign your rights or delegate your duties under these General Terms and Conditions or any Additional Terms without our prior written consent.
These General Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.
Each third party supplier of Materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.
We will use personal information collected about you for the purposes of (a) providing access to and use of the Services and/or Materials to you, (b) providing customer support, billing and other similar activities related to the Services and/or Materials, and (c) keeping you informed about products, services, offers and upcoming events and to improve our services. We may also provide personal information about you to third parties for the purpose of providing you with direct marketing offers which we think may be of interest. If you do not wish to receive information about other products, services, offers and events, please notify us in writing.
In accordance with the Privacy Act 1988 (Cth), we will provide and export personal information about you to third parties and other members of our company group, including Reed Elsevier Inc. in the United States, for the purposes of (a) providing access to and use of the Services and/or Materials to you, and (b) providing customer support, billing and other similar activities related to the Services and/or Materials.
13. Terms and conditions specific to the Lawyer Review Service
13.1. The Lawyer Review Service
These Terms and Conditions in clause 10 apply when you elect to use the Lawyer Review Service. The Lawyer Review Service is composed of LawPath introducing you to a Lawyer who has agreed with LawPath that they will perform a Review of the amendments you have made to the Legal Document you have bought on the LawPath Website.
The “Review” consists of the Lawyer having a phone discussion with you and the Lawyer doing a single review of the Legal Document that you have created. The results of the Review will be an email back to you with either additional comments marked up on the document or comments from the Lawyer in an email. The Review does not include:
a. tax advice;
b. advice in relation to anything you have not disclosed to the Lawyer; and
c. advice in relation to negotiation of the Legal Document.
13.2. Relationship Of The Parties
If you purchase the Lawyer Review Service, LawPath is merely acting as a broker in introducing you to the Lawyer who has agreed with us that they will provide the Review to you for a set fee. LawPath takes upfront payment for the service that the Lawyer will provide you. In no way is LawPath acting or holding itself out as acting as a Lawyer or providing legal advice in any way and your solicitor-client relationship is with the Lawyer and not LawPath. Lawyers are independent of LawPath and are not agents, contractors or employees of LawPath.
If you purchase the Lawyer Review Service, a Lawyer will enter into a separate contract with you in relation to that Review. This contract is a direct relationship between you and the Lawyer and we are not parties to or in any way responsible for any issues arising between you and the Lawyer. Any claims you have arising out of the legal advice obtained from a Lawyer or otherwise in relation to the Review is to be brought against the Lawyer not LawPath.
For the purposes of the simpler administration of GST only, and subject to Subdivision 153-B of the A New Tax System (Goods and Services Tax) Act 1999, LawPath’s Tax Invoice to you for the supply of a document and the introduction to the Lawyer will include the set fee charged by the Lawyer for the Review. The inclusion of the fee for the Review in LawPath’s tax invoice to you does not in any way mean that LawPath is providing legal advice to you or holding itself out as a provider of legal advice.
13.3. Payment
In exchange for payment of the fee set out at the relevant part of the LawPath Website, you are entitled to use the Lawyer Review Service.
We will notify you once the Review has been performed by the Lawyer and we will release the payment to the Lawyer upon the earlier of:
a. you notifying us that the Review has occurred to your satisfaction; and
b. 5 Business Days after we notified you.
If you notify us that you are not satisfied with the Review, we will work with you to try to get a satisfactory resolution.
13.4. Warranties, Liability, & Indemnities
LawPath makes no representations or warranties in relation to the Lawyer Review Service. The limitation on LawPath’s liability set out in clause apply to the Lawyer Review Service
14. Terms and conditions specific to the LawPath Legal Plan Subscription
14.1. The Legal Plan Subscription
In addition to the Terms contained above, users of the LawPath Legal Plan subscription are subject to the following Terms.
This is a contract between us, LawPath Operation Pty Ltd (“LawPath") and you, (the "Legal Plan Member"), for the Legal Plan services described below (“Legal Plan"). This contract (the "Agreement") constitutes a legal agreement between you and LawPath detailing the terms of your use of the Legal Plans. This Agreement is effective as of the date you accept its terms by purchasing a Legal Plan subscription or accepting a free trial thereof (the "Effective Date"). If you sign up for a Legal Plan, you accept these terms, conditions, limitations, and requirements. Please read this Agreement carefully. PLEASE NOTE - If you are using a 7-Day free trial, your trial membership is not subject to the payment or renewal terms enumerated in this Agreement. AT THE COMPLETION OF A TRIAL MEMBERSHIP, UNLESS YOU CHOOSE TO CANCEL BY CALLING 02 8011 4188 DURING BUSINESS HOURS , YOUR LEGAL PLAN SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL TERM.
THE LEGAL PLAN IS NOT A SUBSTITUTE FOR ACCOUNTING, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES.
14.2. Plan Membership
We reserve the right to accept or refuse membership in our discretion. You may not transfer or assign your Legal Plan subscription or these benefits. You must be 18 years or older to become a Legal Plan Member. Solicitors, Barristers and any other person in the business of providing legal services are excluded from ALL LawPath Legal Plans.
14.3. Benefits of Subscription
A subscription to a Legal Plan provides the following additional benefits (collectively, the "Plan Benefits"):
14.3.1 Lawyer Connections
Legal Plan Members are entitled to access the LawPath ‘Ask a Lawyer’ service. This service as part of the Legal Plan is subject to clause 11 of these terms. If connected, telephone consultations are with LawPath participating Lawyers (the "Lawyer"), during normal business hours. Consultations may be up to one half (1/2) hour each and limited to one consultation per Legal Plan per month for each new legal matter.
Please note that LawPath does not provide legal services. Lawyers made available through Subscription Plans are third-party independent of LawPath who agree to provide legal services directly to you, not through LawPath, via a separate agreement between you and the lawyer. The lawyers have agreed to provide complimentary, thirty-minute consultations related to subject matters about which they represent that they are qualified in jurisdictions where they are admitted to practice. A conflict check may apply. They may require you to meet at their office or another location convenient to them or may require a telephonic consultation. LawPath makes no guarantees as to the substance of the lawyer's advice.
14.3.2 Documents
LawPath grants a Legal Plan Member a non-exclusive, non-transferable worldwide right to use the LawPath Legal Document Store (the "Document Store”), subject to clause 12 of these Terms. This license allows you to access, download, use, and edit forms in the Document Store for your personal use. You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the Document Store or any content therein; or (ii) modify, edit, reproduce, reverse engineer, alter, enhance, make derivative works based on or referring to or in any way exploiting the Document Store, its content, or its source code, except for modifications based on access and use of the Document Store specifically authorized by the terms of this agreement. All rights not expressly granted to you are reserved by LawPath and its licensors. Unless explicitly stated otherwise, any new features that augment or enhance the current Document Store or your Legal Plan, including the release of new forms or the addition of any Third Party Services, shall be subject to these Terms.
14.3.3 Legal Health Check
Once during each membership year, the Legal Plan Member shall be entitled to a legal check-up (the "Legal Check-Up"). The Legal Check-Up is intended to provide the Legal Plan Member with an (a) assessment of his or her legal profile and recommendations based on significant issues or gaps or (b) update of a previous Legal Check-Up considering changes in life, circumstances, legal profile, and applicable law. The Legal Check-Up shall include a telephone consultation, during normal business hours, of up to one half hour to discuss the Legal Plan Member's legal portfolio, potential updates over the previous year, and recommendations.
14.3.4 LawyerReview
If a Legal Plan Member engages a LawPath Lawyer for LawyerReview services the Legal Plan Member shall be entitled to the pre negotiated flat fee prices that have been agreed upon by LawPath and the participating Lawyer. Nothing in the Legal Plans or this Agreement shall be construed to limit the right of a Legal Plan member to retain, at his or her own expense, an unaffiliated lawyer. LawPath shall not be obligated to pay for any such services.
14.3.5 Legal Information
A Legal Plan Member may be entitled to the access legal information and legal resources created and provided by LawPath. Information provided as part of the Legal Plan on lawpath.com and lawpath.com.au does not constitute legal advice. It should therefore not be relied upon as legal advice. LawPath cannot guarantee that all the information on LawPath is current or correct. Not only does the law differ from jurisdiction to jurisdiction, but it also is subject to interpretation by different courts. No general information or legal tool like ones LawPath provides can fit every circumstance. Therefore, if you need legal advice for a specific problem, you should consult a licensed lawyer in your area.
14.3.6 Partner Offers
LawPath works with a number of partners and affiliates whose websites are linked with LawPath and are controlled by parties other than LawPath (each a "Third Party Site"). LawPath is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. LawPath makes no guarantees about the content or quality of the products or services provided by such sites. If you have purchased a package that includes any Third Party Services, the third party may contact you by email and/or phone with instructions on how to access your benefits. You may be required to accept additional terms located on the Third Party Site.
14.3.7 Storage - Vault Service
Customers using the Vault Service are encouraged to retain their original documents and store with LawPath copies of original document. Customers should preserve original documents in a secure and safe location. The Vault Service is intended to provide a record of, and not to serve as a repository for, original documents. LawPath accepts no liability for preservation of original documents. LawPath reserves the right to store Vault Documents in any format, including hard and/or electronic copies.
14.4. Use
14.4.1 General Practices
You acknowledge that LawPath may establish general practices and limits concerning use of its Legal Plans, including without limitation the maximum number of complimentary lawyer connections you may receive in a given period of time related to one or all subjects.
14.4.2 Right to Change Practices
You acknowledge that LawPath reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
14.4.5 Responsibility for Misuse
You are responsible for all expenses incurred or other actions that may occur through your use of a Legal Plan. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of a Legal Plan, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
14.5 Payment
14.5.1 Legal Plan Membership Fees.
You will be charged in accordance with the billing terms in effect at the time of your initial purchase, unless you are notified of a fee change in accordance with "Fee Adjustments" below. For any Legal Plan you purchase that is charged in full upon purchase, you agree that for each renewal term for such Legal Plan, the amount due for the next term will be due and immediately payable in full as of the first day of that renewed term. For each Legal Plan, your charge remains for each term no matter if you access the Site during that term. In other words, EVEN IF YOU DO NOT USE THE LEGAL PLAN BENEFITS OR SPEAK WITH A LAWYER, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
14.5.2 Billing
To allow payment for the initial term of a Legal Plan, valid credit card information is due at the time of purchase.
If you have purchased an automatic renewing plan from LawPath, your Legal Plan subscription will renew automatically at the end of the initial term (the "Billing Date") and at the end of each term thereafter unless and until you give notice of your intention to terminate your Legal Plan subscription pursuant to the terms of this Agreement. If you do not give us notice of such intention, your credit card will be charged for the renewal term of your Legal Plan subscription on your Billing Date. If your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month. LawPath may adjust your Billing Date in subsequent renewal periods without notice. This will be reflected by a charge to your account on a pro-rated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless otherwise notified in advance by LawPath pursuant to this Agreement, the renewal charge will be equal to the original purchase price for the Legal Plan.
You agree to pay LawPath the fees associated with your Legal Plan subscription. Additional discounts may be available for members purchasing multiple months up front, as part of certain promotions which may include additional terms and conditions presented with the offer, or where limited by law.
For the purposes of the simpler administration of GST only, and subject to Subdivision 153-B of the A New Tax System (Goods and Services Tax) Act 1999, LawPath’s Tax Invoice to you for the supply of the Legal Plan will include a monthly, 6 monthly or 12 Monty fee. The inclusion of the fee for the Review in LawPath’s tax invoice to you does not in any way mean that LawPath is providing legal advice to you or holding itself out as a provider of legal advice.
14.6 Notice Of Automatic Renewal
If applicable, we will send a reminder email to the email address of record for your account approximately one week before your Billing Date. You acknowledge and agree that this notice is provided as a courtesy only, and we are not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) inability to receive, or (iii) the failure of LawPath to send the email does not create any liability on the part of LawPath or any third-party service provider.
14.7 Promotional Trial Memberships
We sometimes offer certain customers various trial or other promotional memberships, which are subject to this Agreement except as otherwise stated in the promotional offers. AT THE COMPLETION OF A TRIAL MEMBERSHIP, UNLESS YOU CHOOSE TO CANCEL BY CALLING 02 8011 4188 DURING BUSINESS HOURS , YOUR LEGAL PLAN SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL TERM.
14.8 Fee Adjustments
LawPath may increase its fees for any Legal Plan subscription effective the first day of a renewal term by giving you notice of the new fees at least thirty (30) days before the beginning of the renewal term. If you do not cancel your subscription pursuant to Section 26, you shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Reductions in fees become effective on the next renewal term without any pro rata for the period covered under the prior fee schedule.
14.8 Termination, Cancellation or Downgrades
14.8.1 By LawPath
If payment is not made on the Billing Date, as described above, you will have until the one (1) month anniversary of your Billing Date to correct the credit card information on file and post a payment to your account. If after the expiration of this grace period you have not made any payment on your Legal Plan subscription, your non-payment may result in downgrade or suspension of service and subsequent termination of your Legal Plan subscription.
Your right to use a Legal Plan subscription is subject to any limits established by LawPath or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, LawPath reserves the right, in its sole and absolute discretion, to downgrade, suspend or terminate your access and account, thereby terminating this Agreement and all obligations of LawPath hereunder. If a charge made to your credit card is declined, LawPath may make up to five (5) attempts to bill that card over a thirty (30) day period.
If you wish to reactivate your account after such termination, there will be no setup or reactivation fees; provided, however, accounts terminated for non-payment will be reactivated only on receipt of the full amount past due and a written request to reinstate the account. When an expired account is reactivated, the new term begins on the date of reactivation.
14.8.2 By Subscriber
You will have the right to cancel or downgrade your Legal Plan subscription by calling our Customer Care Centre on 02 8011 4188 After such cancellation, your Legal Plan will remain active until the end of then-applicable period.
Please note that downgrading does not affect your ability to access the documents you created on LawPath website. However, if you violate any of LawPath’s Terms and Conditions, LawPath reserves the right to terminate your membership immediately.
14.9 Services After Termination
After termination of your Legal Plan subscription, either by you or by LawPath, you will not be able to access the corresponding Legal Plan offerings; provided, however, that any access rights to a Legal Plan granted you through a separate channel (e.g., through another Legal Plan subscription) will remain in full force and effect unless and until separately terminated or cancelled.
