Terms and Conditions

LEXIFY EDUCATION PTY LTD (trading as LegalQuery)
ABN 14 623 964 358
and
You

RECITALS

1. Lexify operates the Platform where subscribing clients can submit legal questions to be answered by qualified legal practitioners.
2. Lexify does not provide legal advice or legal services and is not a law firm. It provides the Platform where Lawyer Services are facilitated by Lawyers.
3. The Client wishes to subscribe to and access the Platform Services for the purpose of submitting legal questions and receiving verified responses from Lawyers.
4. The parties have agreed to enter into this Agreement to govern the Client's subscription to and use of the Platform Services.
5. This Agreement sets out the terms and conditions on which Lexify will provide the Platform Services to the Client, and the obligations of the Client in connection with their use. Use of the Platform by the Client indicates acceptance of these Terms.

DEFINITIONS

1. PLATFORM SERVICES AND PURPOSE

1.1 Nature of Services

Lexify operates the Platform as a Q&A service that:

1. enables You to submit legal questions through the Platform;
2. generates initial responses using AI Services;
3. provides verification and review of AI responses by qualified legal practitioners;
4. delivers final verified responses to Your questions; and
5. maintains a limit on questions based on Your Subscription Tier.

1.2 Not a Law Firm

You acknowledge and agree that:

1. Lexify is not a law firm and does not hold an Australian Legal Practitioner's Certificate in any Australian jurisdiction;
2. Lexify does not provide legal advice or legal services;
3. the Platform Services do not constitute legal advice;
4. Lexify acts solely as an intermediary between You and independent Lawyers; and
5. any legal advice or Lawyer Services You receive are provided independently by Lawyers and not by Lexify.

2. SUBSCRIPTION AND FEES

2.1 Subscription

Subject to these Terms, Lexify grants You a non-exclusive, non-transferable right to access and use the Platform Services during the Subscription Period in consideration for payment of the Fees.

2.2 Fees and Payment

You acknowledge that:

1. You must pay the Fees in accordance with the pricing set out at https://www.legalquery.com.au/pricing or as otherwise agreed between You and Lexify;
2. All Fees are exclusive of GST unless otherwise stated;
3. Fees are payable in advance and administered through a secure payment gateway and are non-refundable except as required by law;
4. Lexify may increase Fees on 30 days' written notice; and
5. If You fail to pay Fees when due, Lexify may suspend or terminate Your access to the Platform Services.

2.3 Third Party Fees

You agree that:

1. Fees charged by Lawyers for legal advice and/or services outside of Your use of the Platform are independent of and separate from the Fees payable to Lexify;
2. You are solely responsible for payment of all fees owed to Lawyers covered by 2.3(a).

2.4 Question Limits

You acknowledge that:

1. Your subscription may include a specific Question Allowance per month;
2. unused questions do not roll over to subsequent months;
3. additional questions may be purchased subject to availability; and
4. Lexify reserves the right to limit or refuse questions at its discretion.

3. YOUR OBLIGATIONS

3.1 Compliance

You must:

1. comply with all applicable laws and regulations;
2. use the Platform Services only for lawful purposes;
3. not use the Platform Services in any way that could damage, disable, or impair the Platform;
4. maintain the confidentiality of Your account credentials;
5. immediately notify Lexify of any unauthorised use of Your account; and
6. provide accurate and complete information when using the Platform Services.

3.2 Prohibited Uses

You must not:

1. use the Platform Services for any illegal or fraudulent purposes;
2. transmit any viruses, malware, or harmful code;
3. attempt to gain unauthorised access to the Platform or other users' accounts;
4. interfere with or disrupt the Platform Services;
5. reproduce, distribute, or create derivative works from the Platform without authorisation;
6. use the Platform Services to harass, defame, or harm others;
7. violate any third party's rights;
8. submit questions that are frivolous, repetitive, or intended to test or abuse the Platform;
9. share Your account access to circumvent question limits; or
10. use the Platform as a substitute for formal legal advice or ongoing legal representation.

4. LAWYER ENGAGEMENT

4.1 Independent Contractors

You acknowledge that:

1. all Lawyers on the Platform are independent principals or otherwise incorporated legal practices and are not either contractors or employees or agents of Lexify;
2. Lexify does not supervise, control, or direct Lawyers in the provision of Lawyer Services;
3. each Lawyer is solely responsible for ensuring they hold appropriate qualifications and practising certificates;
4. Lexify makes no representations about the qualifications, competence, or suitability of any Lawyer; and
5. The Platform facilitates Q&A services only and does not create a lawyer-client relationship between You and the responding Lawyer.

4.2 Question Triage

You understand that:

1. Lexify triages Your questions to appropriate Lawyers based on expertise and availability;
2. You may view the profile of the Lawyer who answered Your question; and
3. Lexify does not recommend or endorse any particular Lawyer.

4.3 Professional Standards

You acknowledge that:

1. Lawyers are subject to professional conduct rules and regulations in their respective jurisdictions;
2. any complaints about Lawyer Services should be directed to the relevant law society or professional body; and
3. Lexify is not responsible for investigating or resolving disputes between You and Lawyers regarding professional conduct or service quality.

4.4 Nature of Q&A Service

You acknowledge that:

1. responses are general in nature and based on the information provided in Your question;
2. the Platform is designed for discrete legal questions, not ongoing matters;
3. for complex matters requiring detailed analysis or representation, You should engage a lawyer directly;
4. response times may vary and are not guaranteed; and
5. Lexify reserves the right to decline questions outside the Platform's scope.

5. CONFIDENTIALITY AND PRIVILEGE

5.1 Client Confidentiality

You agree that:

1. Lexify acknowledges that Client Content may include Confidential Information;
2. Lexify will maintain the confidentiality of Client Content in accordance with this Agreement and the Privacy Policy; and
3. Lexify will not disclose Client Content except as required by law or with Your written consent.

5.2 Legal Professional Privilege

You acknowledge that:

1. communications through the Platform between You and Lexify may not be wholly protected by legal professional privilege, and you and the Lawyer are responsible for maintaining privileged communications and procuring formal advice through independent means;
2. You are responsible for understanding and protecting any privileged communications; and
3. Lexify cannot guarantee the preservation of legal professional privilege for communications transmitted through the Platform.

5.3 Data Security

You acknowledge that:

1. Lexify will implement reasonable security measures to protect Client Content;
2. You acknowledge that no system is completely secure and Lexify cannot guarantee absolute security of data transmitted through or stored on the Platform; and
3. You are responsible for maintaining appropriate security measures for Your own systems and data.

6. PRIVACY

6.1 Privacy Compliance

You agree that:

1. Lexify will collect, use, and disclose Personal Information in accordance with the Privacy Policy and applicable privacy laws; and
2. By using the Platform Services, You consent to the collection, use, and disclosure of Personal Information as described in the Privacy Policy.

6.2 Data Location

You acknowledge that Personal Information may be stored and processed in Australia with appropriate privacy protections.

7. INTELLECTUAL PROPERTY

7.1 Platform IP

You agree that:

1. Lexify owns all Intellectual Property Rights in the Platform and Platform Services; and
2. Nothing in this Agreement transfers any Intellectual Property Rights to You except the limited licence granted herein.

7.2 Client Content

You acknowledge that:

1. You retain ownership of Your Client Content;
2. You grant Lexify a non-exclusive licence to use Client Content solely for the purpose of providing Platform Services; and
3. You warrant that You have all necessary rights to provide Client Content to Lexify.

7.3 AI Generated Content

You acknowledge that:

1. AI Services may generate content based on various sources and training data;
2. Lexify makes no claims of ownership over AI generated content; and
3. use of AI generated content is at Your own risk.

8. LIABILITY AND INDEMNIFICATION

8.1 Limitation of Liability

To the maximum extent permitted by law:

1. Lexify's total liability to You under or in connection with this Agreement is limited to the Fees paid by You in the 12 months preceding the event giving rise to the claim;
2. Lexify excludes all liability for indirect, special, incidental, punitive, or consequential loss or damage;
3. Lexify excludes all liability arising from or relating to Lawyer Services;
4. Lexify excludes all liability for loss or damage arising from Your reliance responses issued via the Platform; and
5. Lexify excludes all liability for any loss or corruption of data.

8.2 Consumer Guarantees

Where You are a Consumer, nothing in this Agreement excludes, restricts, or modifies rights or remedies available under the Australian Consumer Law that cannot be excluded, restricted, or modified.

8.3 Indemnification

You indemnify Lexify against all claims, losses, damages, costs, and expenses arising from or relating to:

1. Your breach of this Agreement;
2. Your use of the Platform Services;
3. Your Client Content;
4. Your engagement with Lawyers through the Platform; and
5. any negligent or wrongful act or omission by You.

8.4 Waiver of Rights

To the maximum extent permitted by law, You waive all rights and claims against Lexify arising from or relating to:

1. the quality, accuracy, or completeness of AI Services;
2. any Lawyer Services provided by Lawyers engaged through the Platform;
3. any disputes with Lawyers;
4. any loss or damage arising from Your use of the Platform Services; and
5. any interruption or unavailability of the Platform Services.

9. WARRANTIES AND DISCLAIMERS

9.1 Mutual Warranties

Each party warrants that:

1. it has full corporate power and authority to enter into this Agreement;
2. execution of this Agreement has been properly authorised;
3. this Agreement constitutes a legal, valid, and binding obligation; and
4. its performance will not breach any other agreement or obligation.

9.2 Platform Services Disclaimer

Lexify provides the Platform Services "as is" and makes no warranties, express or implied, including but not limited to:

1. warranties of merchantability, fitness for purpose, or non-infringement;
2. warranties that the Platform Services will be uninterrupted, error-free, or secure;
3. warranties regarding the accuracy or completeness of responses via the Platform;
4. warranties regarding the qualifications or competence of Lawyers; or
5. warranties that the Platform Services will meet Your specific requirements.

10. TERMINATION

10.1 Termination for Convenience

Either party may terminate this Agreement by giving one month notice.

10.2 Termination for Breach

Either party may terminate this Agreement immediately if the other party:

1. commits a material breach that is not remedied within 14 days of written notice; or
2. becomes insolvent or subject to external administration.

10.3 Effect of Termination

Upon termination:

1. Your right to access the Platform Services ceases immediately;
2. You remain liable for all Fees accrued to the date of termination;
3. provisions relating to confidentiality, intellectual property, liability, and indemnification survive; and
4. Lexify may delete Your Client Content in accordance with the Privacy Policy.

11. FORCE MAJEURE

Neither party is liable for delay or non-performance caused by a Force Majeure Event, provided the affected party:

1. promptly notifies the other party of the Force Majeure Event;
2. uses reasonable efforts to mitigate the effects; and
3. resumes performance as soon as reasonably practicable.

12. GENERAL PROVISIONS

12.1 Governing Law

This Agreement is governed by the laws of New South Wales.

12.2 Dispute Resolution

Any dispute arising under this Agreement must be resolved by the courts of New South Wales.

12.3 Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, representations, and understandings.

12.4 Amendment

This Agreement may only be amended in writing signed by both parties, except that Lexify may amend these Terms by providing 30 days' notice.

12.5 Assignment

You may not assign this Agreement without Lexify's prior written consent. Lexify may assign this Agreement without Your consent.

12.6 Severability

If any provision of this Agreement is invalid or unenforceable, the remainder of the Agreement remains in full force and effect.

12.7 Notices

Notices must be in writing and delivered to the addresses specified in the Variable Schedule.

12.8 Waiver

No waiver of any breach or default is effective unless in writing. No waiver constitutes a continuing waiver or waiver of any subsequent breach.

12.9 Relationship

Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties.