Last updated: 4 March 2024
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Law Tram website (the “Service”) operated by Internet Law Pty Ltd (ACN 130 464 574) as trustee (“Law Tram”, “us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, Clients, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1. Services
1.1. Law Tram offers an online platform that facilitates the collection of legal information through asking questions related to various legal areas, compiles the answers into a summary brief using customised AI technology, and allows securely registered law practices and/or Registered Migration Agents (referred to as ‘Legal Partners’) to contact Clients with the Client’s permission.
1.2. Law Tram does not provide legal advice and is not a law practice. Any information provided through the Service is for general informational purposes only and should not be relied upon as legal advice. You are responsible for contacting a Legal Partner to obtain legal advice tailored to your specific situation.
1.3. Law Tram is not responsible for the accuracy, completeness, or reliability of the information provided through the Service, and is not liable for any errors or omissions in such information. Clients acknowledge that Law Tram is not responsible for the actions, omissions, or services provided by any Legal Partner. Law Tram shall not be held liable for any damages, losses, or issues arising from the services provided by a Legal Partner.
1.4. Clients use the Service solely for the purpose of seeking legal representation. Any use of the Service for other purposes may result in a waiver of legal professional privilege at a later date. You agree that you have read and understood Appendix A – Legal Professional Privilege in Australia that is at the end of this agreement.
1.5. Law Tram acts solely as a facilitator between clients and Legal Partners. We do not endorse, guarantee, or assume responsibility for the quality, accuracy, or outcome of legal services provided by any Legal Partner.
1.6 Missed Deadlines Due to Solicitor Unavailability
1.6.1 If a Legal Partner does not contact you within the specific time frames applicable to your legal matter to agree to act for you, it is your responsibility to retain a solicitor outside of the Law Tram platform in a timely manner. Law Tram will not be liable for any missed deadlines, damages, or any other issues arising from your failure to retain a solicitor in time.
1.6.2 You are strongly advised to have alternative arrangements in place and not to rely solely on the Law Tram platform for timely legal representation, especially in legal matters with tight deadlines or other time-sensitive requirements.
2. Registration and Account
2.1. In order to use the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.2. You are responsible for maintaining the confidentiality of your account credentials, including but not limited to any unauthorised access or sharing of account credentials. You agree to notify us immediately of any unauthorised access or use of your account.
2.3. Law Tram is restricted for use by people who are 18 years of age or older only.
3. Legal Partners
3.1. ‘Legal Partners’ are defined as any professionals who have registered to use the Service, including but not limited to lawyers and migration agents.
3.2. Law Tram will use reasonable endeavors to verify that each Legal Partner is registered with the appropriate governing body in Australia.
4. Data Security
4.1. The Client acknowledges that as third-party services, including but not limited to ChatGPT, are being used, data provided to Law Tram is only as secure as these third parties are. While Law Tram uses all reasonable endeavors to safeguard any data that comes into its possession, it cannot guarantee data security. For more details, please refer to our Privacy Policy. Clients must, therefore, exercise extreme caution when sharing data online.
4.2. Clients acknowledge that while Law Tram strives for continuous platform availability, there may be instances where the platform is unavailable due to maintenance, updates, or unforeseen technical issues. Law Tram will not be held liable for any inconvenience or issues arising from such unavailability.
5. Legal Professional Privilege
5.1. Legal professional privilege refers to the legal protection given to confidential communications between a Client and their attorney. The Client acknowledges that communicating specific information with Law Tram may constitute a waiver of legal professional privilege, as Law Tram is not itself a licensed law practice or solicitor. Clients must exercise extreme care under which circumstances confidential information is shared and with whom, and limit such sharing to actual Legal Partners. If there is any doubt, Clients are required to seek independent legal advice prior to using the Law Tram service.
6. Communication and Use of the Platform
6.1. The Client may only use the platform to communicate with Legal Partners. Any other use is prohibited and may result in termination of your account.
7. Invoice Provision
7.1. The Client must provide Law Tram with a copy of all invoices issued to it by the Legal Partner. This requirement does not expire. For more details, please refer to our Privacy Policy.
7.2. Updates on Legal Matter: The Client agrees to keep Law Tram informed about the progress of their legal matter, except in relation to legally privileged information, and any key milestones reached with the Legal Partner.
7.3. Awareness of Commission Structure: The Client acknowledges and understands that Law Tram receives a commission from the Legal Partner based on the legal fees earned from clients acquired through the platform. This commission structure is for the purpose of transparency and does not affect the fees charged to the Client by the Legal Partner. The Client acknowledges awareness of and consents to us paying referral fees to third parties who direct the Client to the Service, with such referral fees being a marketing cost of ours and the amounts of which to be decided at our sole discretion.
8. Governing Law
8.1. These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.
8.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
9. Changes
9.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
9.2. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
10. Termination
10.1. Termination by Law Tram: Law Tram reserves the right to terminate your account and access to the Service for any reason at its sole discretion. Except in cases of breach of these Terms, Law Tram will provide a 30 days’ written notice prior to termination.
10.2. Law Tram reserves the right to terminate any account, at its sole discretion, for any breach of the terms outlined in this agreement. This includes, but is not limited to, breaches related to professional conduct, financial obligations, and data security.
11. Privacy
11.1. Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference and can be accessed by clicking here.
12. Contact Us
If you have any questions about these Terms, please contact us at support@lawtram.com.au.
APPENDIX A
LEGAL PROFESSIONAL PRIVILEGE
If you’re a user of the “Law Tram” website, it’s essential to be aware of the risks associated with waiving Legal Professional Privilege (LPP) in Australia. LPP is a fundamental right that protects the confidentiality of communications between legal practitioners and their clients. Waiving this privilege can expose sensitive information to the opposing party in a legal dispute, which could potentially weaken your case. It’s a significant decision with potential repercussions, so one must understand the implications thoroughly before making such a choice.
1. Voluntary Disclosure: The most direct way of waiving your LPP is by voluntarily disclosing privileged information to a third party. This could be done in a variety of ways, such as sharing it in a public setting or giving it to someone not involved in your case.
2. Inadvertent Disclosure: Sometimes, privileged information may be unintentionally revealed. This could happen due to a mistake, like accidentally emailing the wrong person or misplacing a document.
3. Partial Disclosure: If you disclose a part of your privileged information, you may be seen as waiving privilege for the entire subject matter. This is because Australian courts don’t generally allow for ‘cherry-picking’ of evidence – you can’t disclose only the information that supports your case while withholding the rest.
4. Legal Proceedings: In some instances, you may need to waive your LPP during legal proceedings. For example, if you’re claiming that you acted based on legal advice, you may need to disclose that advice to prove your claim.
5. Statutory Requirements: There may be statutory requirements that compel you to disclose certain information, thereby waiving your LPP. Always consult with your lawyer to understand any legal obligations you may have to disclose information.
6. Use of Law Tram Service: The primary purpose of the Law Tram service is to assist people in obtaining legal advice. By using the service, users agree that they are doing so in order to obtain legal advice, not from Law Tram directly, but from a lawyer who also uses the service to find clients to assist. Hence, it’s important to maintain the confidentiality of your communications with such lawyers to preserve your LPP.
7. Sharing Details on Social Media: In this era of digital communication, it’s crucial to remember that details regarding a client’s legal matter should not be shared on social media platforms. Doing so is likely to waive LPP, as these platforms are public and any information shared there is considered disclosed to a third party. Ensure that you keep all your legal discussions private and confined to direct communications with your legal advisor.
Remember, the decision to waive your LPP should never be taken lightly. Always consult with a legal professional to understand the potential implications of such a decision.