1. Terms: These terms and conditions (Terms) are entered into between LegalVision ILP Pty Ltd ABN 50 167 804 088 (we, us or our) and the individual or entity that has applied to partner with us through our LVAmbassador program (you or your), together the Parties and each a Party. The details of our LVAmbassador program are set out on our site, available at legalvision.com.au/lvconnect-ambassador (Site).
  2. Acceptance: You accept these Terms by applying to be a part of the LVAmbassador program on our Site. 
  3. Term: These Terms commence on the day you accept these Terms in accordance with their terms and will continue until terminated in accordance with clauses 19 and 20. 
  4. Onboarding: Once you sign up as an LVAmbassador, we will send you an email to the email address you used to sign up, with a unique referral link that you can share with your network and clients. We will also set up your account and provide you with a link to, and details of, our partner platform (Platform) so that you can manage Referrals and receive any Benefits you are entitled to (as set out below). You acknowledge that the Platform is a third party service and you are responsible for complying with any terms and conditions associated with your use of the Platform. If you do not submit your preferred payment details to the Platform, you will not be able to receive any cash payments as a Benefit.
  5. Referral Process: During the Term you may refer clients to us (Referrals) by sharing the unique referral link we provide you with during onboarding (Referral Link) or by introducing us to the Referral by way of email. When a Referral clicks on the unique referral link, they will be taken to one of our landing pages to contact us and we will be made aware that you are responsible for introducing them to us if they submit an online enquiry within 90 days of clicking your Referral Link. You are responsible for ensuring that we are aware that you have introduced a Referral to us. 
  6. Compliance with laws: During the Term, you agree to comply with any relevant laws, including any laws requiring you to disclose any Benefit that may be paid under these Terms in relation to a Referral or any potential Referral; the existence of this referral arrangement to any Referral or potential Referral; and any other disclosure obligations under relevant laws.
  7. Eligibility: We may reject any Referral that: (a) is an existing client of ours; (b) is an active lead and has been in communication with us in the 90 days prior to the date you referred them to us; (c) approaches us more than 90 days after you initially provided them with a Referral Link; or (d) at our sole discretion if we do not believe we are in a position, or we are not willing or able, to provide legal services to the Referral (for example if there is a conflict of interest or they are requesting legal services outside of our expertise).
  8. Exclusivity: Nothing in these Terms creates an exclusive relationship between you and us, and we may, at any time, sign up other individuals or entities to be an LVAmbassador or enter into arrangements with other individuals or entities to receive referrals of potential new business.
  9. Benefits: When you apply to become an LVAmbassador you must choose what type of benefit you would like to receive for introducing Referrals to us (Benefit). We set out the details of the Benefits on our Site (including the maximum Benefit you may receive per Referral). If a Referral is accepted by us and engages us to provide legal services, then we agree to provide you with the Benefit, provided the Referral pays us in full for the relevant services. If the Benefit is a cash payment, payment of such Benefit will be made through our Platform (run by a third party service provider) and will have a small processing fee deducted. Currently, this processing fee is approximately 3% of any Benefits paid out to you. 
  10. Changes to the Benefits: You agree that we amend the Benefits (including any inclusions) at any time by providing written notice to you. If you do not agree to the amendment made to the Benefits, then you may terminate these Terms in accordance with clause 19. Any amendments made to the Benefits will only apply to Referrals made after the change has been notified to you.
  11. Reports and invoices: Following the end of each calendar month you will be able to see a report of the Benefits you are entitled to for the previous calendar month within the Platform. If you selected to receive a cash payment as a Benefit, then you will then be paid within a reasonable period of time directly into the bank account that you added when you signed up to the Platform. If you selected to receive a benefit for your client, that benefit will be applied when the Referral engages us. If you selected to support a good cause, we agree to support the good cause on your behalf, on a periodical basis.
  12. Set-off: You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us (whether under these Terms or otherwise).
  13. Privacy: Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines, as if it were an Australian Privacy Principles entity.
  14. Confidentiality: Each Party agrees to keep any confidential information provided to it by the other party confidential and only use it for the purposes contemplated by these Terms. This obligation does not apply where the disclosure is required by law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the receiving party ensures the adviser complies with the terms of this clause 14. This clause 14 will survive the termination or expiry of these Terms.
  15. Conflicts: You agree that you are not aware of any conflict of interest between these Terms and any other work you have been offered or are undertaking and you agree not to engage in other work if it conflicts with your obligations under these Terms. 
  16. Warranties: You represent, warrant and agree that: (a) you have not relied upon any warranty, representation, statement or documentation made or provided by or on behalf of us, except as expressly provided in these Terms; (b) in marketing our services and seeking Referrals, you will act with due care and skill and not engage in any unfair, deceptive or unethical business practice; (c) you have full legal capacity, right, authority and power to enter into these Terms, to perform your obligations under these Terms, and to carry on your business (if applicable); (d) you will conduct business in a manner that reflects favourably on us and our services and you will not do anything that may adversely affect our goodwill, brand or reputation; (e) you will make no false or misleading representations with respect to us and our services and you will not give or make any undertakings, guarantees or warranties to any person (including any potentially Referrals) with respect to us and our services without our prior written consent; (f) you will have no right to enter into any contracts, instruments or commitments in the name of, or on behalf of, us or to bind us in any respect whatsoever; (g) you will comply with any reasonable directions given to by us from time to time; (h) if applicable, you have a valid ABN which has been advised to us; and (i) if applicable, you are registered for GST purposes. This clause 16 will survive the termination or expiry of these Terms.
  17. Promotional materials: We may provide you with marketing and promotional material and other intellectual property, including our registered trade marks, for you to promote our services and seek Referrals (Our Materials). If you develop your own marketing or promotional material to market and promote our services, it must be consistent with, and comply with, Our Materials, and we must have given prior written consent to your use of that marketing or promotional material. 
  18. Intellectual Property: We grant you a non-exclusive, revocable, worldwide, non-sublicensable, non-transferable right and licence, for the duration of the Term, to use Our Materials that we provide to you, solely for the purposes of promoting our services and seeking Referrals, as contemplated by these Terms. In the use of any intellectual property rights in connection with these Terms, you agree not to commit any intellectual property breach. This clause 18 will survive the termination or expiry of these Terms.
  19. Termination for convenience: Either Party may terminate these Terms at any time by giving 30 days’ notice in writing to the other Party. 
  20. Termination for breach: These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if: (a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 5 business days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or (b) the Defaulting Party is unable to pay its debts as they fall due.
  21. Effects of Termination: Upon termination of these Terms, you agree to: (a) stop promoting our services; (b) stop representing that you are authorised to promote, market or otherwise advertise us and our services; (c) immediately return to us all property, including confidential information and Our Materials, belonging to us, in your possession; (d) not use any intellectual property or confidential information belonging to us; and (e) pay any amount owed under these Terms to us as a debt due and immediately payable.
  22. Liability: Despite anything to the contrary, to the maximum extent permitted by law: (a) we make no guarantees or warranties in respect of our services; (b) you make no warranty or assurance in relation to the quality of a Referral; and (c) we will not be liable for, and you waive and release us from and against, any liability caused or contributed to by, arising from or connected with any third party inputs (including the Platform). This clause 22 will survive the termination or expiry of these Terms.
  23. Indemnity: Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any liability that we may suffer, incur or otherwise become liable for, arising from or in connection with: (a) any breach by you of these Terms; and (b) any third party claim against us, as a result of your performance under these Terms. This indemnity will be reduced proportionately to the extent the liability was caused or contributed to by the act or omissions of us (or any of our personnel). This clause 23 will survive the termination or expiry of these Terms.
  24. GST: If and when applicable, we agree to pay the GST amount at the same time as we pay the Benefits.
  25. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site and providing written notice to you. If you do not agree with these changes, you may terminate these Terms in accordance with clause 19.
  26. Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
  27. Disputes: A party may not commence court proceedings relating to any dispute arising from these Terms (Dispute) without first meeting with the other party to (in good faith) resolve the Dispute. If the parties cannot resolve the Dispute at that meeting, either party may refer the matter to a mediator. The parties agree to attend the mediation in good faith. The costs of the mediation will be shared equally between the parties. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court. This clause 27 will survive the termination or expiry of these Terms.
  28. Entire Agreement: These Terms represent the entire agreement between the us and you and supersede any prior agreement, understanding or arrangement between the Parties, whether oral or in writing.
  29. Notices: Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email, (or, where the time of transmission is not on a business day, 9am on the next business day).
  30. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Last update: 11 June 2021

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