Terms and Conditions

Terms and Conditions General Finchly.com.au (“the finchly.com.au Web Site”) is operated by Legal Marketplace Pty Ltd (ACN 676 482 509). Throughout the site, the terms “we”, “us” and “our” refer to Legal Marketplace Pty Ltd of Suite 1, Level 1, 97 Grafton Street, Bondi Junction, NSW 2022. We offer our website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated and referenced here. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEB SITE AND/OR OUR PRODUCTS AND SERVICES. By visiting our site and/ or purchasing our products and/or services from us, you engage in our Service(s) and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms and conditions apply to all users of the site, including but not limited to users who are browsers, subscribers, account holders and/ or contributors of content. Any new features or tools which are added to the current site shall also be subject to the terms and conditions. You can review the most current version of the terms and conditions at any time on this page. We reserve the right to update, change or replace any part of these terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If you do not agree to some or all of the provisions contained in these Terms and Conditions, DO NOT use the finchly.com.au Web Site and/or our products and services. Your use of the finchly.com.au Web Site constitutes your acceptance of and agreement to any current or revised Terms and Conditions. Legal Practitioners’ Submissions It is a condition of these Terms and Conditions that all information or content you and/or you your legal practice post and/or submit to be posted or used on the finchly.com.au Web Site, including all advertisements, photos and creative designs, are either your own works or works which you are using with the permission of the owner. By submitting information or content (including but not limited to advertising material, logos, photos and designs) to any part of the finchly.com.au Web Site you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that any and all information you post on the finchly.com.au Web Site:

• is legally compliant and not misleading or deceptive, nor is it likely to mislead or deceive
• does not infringe the intellectual property rights of any person or entity, and
• does not violate any laws or regulations and/or sensitive/confidentiality restrictions.

You warrant that all the information submitted by you and posted on the finchly.com.au Web Site, including in any directories, is true, complete, accurate and correct. Legal Practitioners’ Ratings We allow users who engage with a legal practitioner and/or legal practice through the Web Site to rate and provide a rating(s) in relation to the experience for specific legal services rendered. While we aim to verify that feedback comes from users who engaged a legal practitioner(s) and/or a legal practice through the Web Site, the content of the feedback is the user’s discretionary opinion. The ratings are a collation of user feedback and do not constitute an endorsement or recommendation by us in connection with any legal practitioner and/or legal practice they might represent. For more information on how our rating systems works visit finchly.com.au/trust-and-safety. Ratings are not a substitute for making your own inquiries as to the suitability of a legal practitioner and/or legal practice. You acknowledge that in submitting any rating feedback you will act honestly and fairly and that you will not do anything which might unfairly, unintentionally or intentionally damage the reputation of a legal practitioner and/or legal practice or undermine the operation of our ratings system. We reserve the right to remove feedback from our rating system which we deem to be inappropriate, deceptive or does not adhere to our feedback guidelines (finchly.com.au/trust-and-safety). Copyright in Reviews and Comments By accepting these Terms and Conditions when registering your account, you hereby assign to us all present and future copyright in all original content submitted or posted by you on the finchly.com.au Web Site including but not limited to comments, forum posts, public messages, reviews and ratings. You also irrevocably authorise us to use the content in any way we please, including in a way that you might consider infringing your moral rights in the content. For the avoidance of doubt, nothing in this paragraph requires you to create an account to be bound by these Terms and Conditions, and your use of the finchly.com.au Web Site constitutes your agreement to these Terms and Conditions. Review of Submissions & Ratings Files that any prospective or current account holder(s) upload, public messages that they send and any activity in dialogue, discussion, and forums on the finchly.com.au Web Site are subject to review, modification and deletion without any notice – right which is irrevocably reserved by us and at our discretion solely. You should be aware that personally identifiable information you choose to disclose on the finchly.com.au Web Site may be used by third parties and such use is beyond our control. You MUST NOT post any information which is:

• libellous, defamatory, misleading, inaccurate, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person or entity, or
• contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data repositories or programs of the finchly.com.au Web Site or any of our users.

Disclaimer relating to Legal Practitioners’ We are under no circumstance obliged or agree to deliver third party services, and make no representation or warranties, and accept no liability whatsoever in respect of the services or any third-party work. Our products and services do come with guarantees that cannot be excluded under the Australian Consumer Law. For more information on Consumer Guarantees, please visit the Australian Competition and Consumer Commission website (ACCC). We do not assess, examine, certify, determine or warrant the professional certification and/or licensing, competence, solvency or information relating to any legal practitioner and/or legal practices listed on finchly.com.au Web Site. We rely on the legal practitioner, or the legal practices listed on finchly.com.au Web Site to provide accurate information and we assume no responsibility for verifying the information provided. Use of finchly.com.au Web Site to locate a legal practitioner and/or a legal practice is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our directories for the selection of legal professional services provided by any legal professional, practitioner and/or legal practice listed therein, or for any other loss or damage which may occur as a result thereof. We recommend that you check the certification and/or licensing of any professional or other service provider with the applicable licensing Board or authority in your State or Territory. You should satisfy yourself as the competence, solvency, insurances and licensing of any legal professional you decide to retain as a result of a connection made through our services. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by a person or entity that you retain as a consequence of using our directory or services. Third Party Links Certain content, products and services available via our Web Site may include materials from third parties. Third-party links on our site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites and/or products or services. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and not us. Use of the fincly.com.au Web Site Expect as mandated by the Consumer Guarantees, your use of the finchly.com.au Web Site is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the fincly.com.au Web Site. Neither we nor anyone else involved in creating, producing or delivering the fincly.com.au Web Site, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, the finchly.com.au Web Site. You must not use any means of automatically searching or mining data from the finchly.com.au Web Site or in any way interfere or attempt to interfere with the proper operation of the finchly.com.au Web Site. You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the finchly.com.au Web Site, our systems or data or those of any third party via the finchly.com.au Web Site. You agree that, neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the finchly.com.au Web Site, or resulting from the act or omission of any other related or unrelated party involved in making the finchly.com.au Web Site. Copyright and Trademarks The entire contents and design of the finchly.com.au Web Site, including all trademarks, images, texts and audio and video files, is either our proprietary right or our content providers and is protected by copyright laws. You must not reproduce, copy, modify, transmit, distribute, communicate, display, publish, or use any material that is contained on the finchly.com.au Web Site without our express prior written permission or the permission of the relevant copyright owner where it relates to any third-party content. You may not use any of the information or content on the finchly.com.au Web Site for commercial purposes or to establish, operate or maintain your own product or service offering. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you and additional damages. Disclaimer of Warranties and Limitation of Liability We do not guarantee, represent or warrant that your use of our products or services, including finchly.com.au Web Site, will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove products or services for indefinite periods of time, without notice to you. You expressly agree that your use of, or inability to use, any of the products and/or services on finchly.com.au Web Site are at your sole risk. The service and all products and services provided to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or any related parties and/or entities be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Disclaimer of Warranties and Limitation of Liability You agree to indemnify, defend and hold harmless Legal Marketplace Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. This indemnity does not apply to the extent that we acted negligently or wilfully engaged in misconduct. Severability In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions relating to these Terms and Conditions. Consumer and Statutory Rights Nothing in these Terms and Conditions limit right and/or obligation you have under the Australian Consumer Law, including any Consumer Guarantees, rights to refunds, or any other rights you have under any law, to the extent that it cannot lawfully be excluded or limited. Facilitation of Payments We use Pay Advantage, ABN 38 749 739 150 as a third-party service provider to facilitate payments for transactions between us and you, a subscriber to any of our products and/or services. You agree to be bound by Pay Advantage Terms of Service which is located at https://www.payadvantage.com.au/terms-of-service/ and provide your consent and authorisation for us and Pay Advantage to share any information and payment instructions to the extent required to complete your transactions between us and you as a subscriber. More information on Pay Advantage System Security, Data Protection & Privacy can be found https://help.payadvantage.com.au/hc/en-us/articles/360000569035-System-Security-Data-Protection-Privacy. Privacy Privacy is important to us especially when you consider the number of ways we communicate and interact. We are committed to our privacy obligations and will conduct our business to ensure the protection of your personal information, including sensitive information. It is important to understand that we provide a range of products and services, and we may use and disclose your personal information in different ways. We handle your personal information in accordance with its legal obligations, including those under the Privacy Act 1988 (Cth). Full copy of our Privacy Policy can be found at finchly.com.au/privacy. Disclaimer & Independent Relationships You (as Customer or Legal Practitioner) agree and acknowledge the following:

• unless otherwise expressly specified, any professional services that are provided by a Legal Practitioner and/or Legal Practice(s), or other third-party providers, who are independent third parties, are NOT employed by us and are not agents of ours
• contracts or agreement to provide any professional legal or other services are strictly between the Customer and Legal Practitioner/practice only
• any professional legal services or other services provided may also be subject to any terms and conditions between the Customer and the Legal Professional or other third-party provider of those services
• Subject to the Australian Consumer Law and the Consumer Guarantees, finchly.com.au Web Site has no obligation to deliver any professional legal services, and makes no representation or warranty, and accepts no liability whatsoever in respect of the professional legal service(s) rendered (except to the extent that cannot be excluded under any consumer law or other law, which shall remain in full force and effect).

Registration via Subscription Agreement You must register and obtain a service account in order to submit information to the finchly.com.au Web Site. To do so, and to find out about the benefits of registration, we will send you a copy of your Subscription Agreement. Your service account will then be activated, and you will be issued a password which will be sent to you by email. You must not disclose your password to any third party, and you are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with an URL beginning with finchly.com.au. If you suspect any unauthorised use of your service account or access to your password, please change your password immediately and contact us. You are responsible for all unauthorised use of your services account by anyone who obtained access to your account directly or indirectly through you. You may close your service account at any time, but you will remain liable for obligations related to your service account after it has been closed. Relevant and applicable paragraphs of these Terms and Conditions will continue to apply once your service account has been closed. We may deny you access to all or part of the finchly.com.au Web Site and/or suspend or cancel your service account without any notice if we, in our reasonable discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate. For legal, practitioners and/or legal practices, we will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your service account. Miscellaneous Any legal notices or communications regarding your service account will be sent to your nominated email address. Please ensure that a valid and most recent email address is always recorded with us. Your primary point of contact with us should be via the "Contact Us" facility on the finchly.com.au Web Site. Any formal notices or communications to us should be sent to our postal address set out at the beginning of these Terms and Conditions. A notice sent to you by us via email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by mail will be deemed to have been received 5 days after the date of mailing (10 days if sent to or from outside Australia). In the event of any dispute, controversy, or claim arising out of or relating to these Terms & Conditions and/or products and services offered though finchly.com.au Web Site, or the breach, termination, or invalidity thereof, the parties agree to first attempt to resolve the dispute amicably through mediation. The mediation shall be conducted in accordance with the Law Society of New South Wales Rules for Mediation. If the dispute is not resolved within 30 days from the commencement of mediation, either party may initiate binding arbitration or pursue other available legal remedies. These Terms and Conditions are governed by the laws of New South Wales, Australia.