Terms of Use

These Terms of Use (Terms) are an agreement (Agreement) between Article Two Pty Ltd ABN 94684412502 (AT, we, us, our) and any person (you, your) who uses articletwo.com (the Website). These Terms, together with our Privacy Policy, govern your access to and use of the Website, including where you:

passively view the Website;
are an admitted Australian lawyer (Lawyer) who works at, or operates their own, legal service (Legal Service); and/or
are seeking to make a donation through the Website (Donor).

By accessing the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately stop using the Website.

The Website is a platform for Lawyers to raise funds for costs and disbursements for campaigns related to public interest legal causes (Campaigns) of their own, or with a client. Donors can make Donations to support Lawyers’ Campaigns. The Website is a public place to display Campaigns, and integrates payment providers that facilitate Donations to Lawyers.

AT’s role is to bring Lawyers, Clients, and Donors together to pursue, and bring attention to, public interest legal causes. We aim to create new coalitions, and add to existing communities and practices, to use the law for the greater good. In this, we do not interfere with or form part of any existing Lawyer-Client relationship.

1. Definitions

Account means the account you use, if you are a Lawyer, to access the Website and manage a Campaign.

AML/CTF Act means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

Consequential Loss means any special, incidental, punitive, exemplary, indirect or consequential losses, as well as business interruption losses, loss of revenue, loss of anticipated savings, loss of profits, loss of goodwill, loss of reputation, loss of interest or business opportunity, costs of procurement or substitution of any goods, technology or application, and loss or corruption of information or data (including the costs of recovering or reconstructing any lost or corrupted data).

Campaigns means a public interest legal cause posted by a Lawyer on the Website.

Campaign Listing Checklist means the checklist on the Website which sets out the requirements a Campaign must meet in order to be listed on the Website.

Client means a client of a Lawyer who instructs the Lawyer in relation to a campaign.

Content means any information submitted by a User to AT via the Website in relation to a Campaign, including any text, audio, photos, videos or other material.

Dispute is defined in clause 11.1.

Dispute Notice is defined in clause 11.1(a).

Donations means financial contributions made by Donors to Lawyer and/or a Legal Service in respect of a Campaign listed on the Website.

Force Majeure Event means an event which is beyond the reasonable control of the party affected, whether foreseeable or otherwise, and which could not have been prevented by the party affected exercising reasonable diligence.

Harmful Code means any “back door”, “time bomb”, “logic bomb”, “Trojan Horse”, “worm”, “drop dead device”, “DoS attacks”, “DDoS attacks”, “virus” or any other malware, spyware or computer software routine having the effect of permitting unauthorised access to or use of any network, system or software, or disabling, damaging, corrupting, interrupting or erasing, or disrupting or impairing the normal operation of, any part of any system, network or software.

Intellectual Property Rights means any intellectual property rights subsisting anywhere in the world, whether or not now existing, including rights in relation to copyright (registered or unregistered), inventions (including patents, innovation patents and utility models), confidential information, technical information and know-how, registered and unregistered designs, registered and unregistered trade marks, and circuit layout rights, topography rights and rights in databases.

Law means any:

(a) law including Commonwealth, State, Territory, local government legislation or any regulations, by-laws, declarations, ministerial directions and other subordinate legislation;

(b) common law;

(c) government or any governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity requirement or authorisation (including conditions in respect of any authorisation); and

(d) code of conduct, writ, order, injunction or judgment.

Listing Form means the form on the Website for Lawyers to input relevant details about a prospective Campaign they seek to have listed on the Website.

Outage means any outage or unavailability of the Website caused by events outside of AT’s reasonable control.

Payment Service Provider means the service provider(s) we may engage from time to time to facilitate Donors making of Donations.

Payment Terms has the meaning given in clause 13.2(a)(ii).

Personal Information has the meaning set out in the Privacy Act.

Personnel means in respect of a party to this Agreement, that party’s employees, officers, directors, contractors and agents.

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Laws means all relevant or applicable privacy or data protection laws relating to the collection, use, processing, disclosure, storage or granting of access to Personal Information applicable to the relevant party, including, as relevant, the Privacy Act, Australian Privacy Principles, and all applicable binding codes and regulations.

Scheduled Maintenance means maintenance AT elects to undertake in order to maintain or enhance the Website.

Submission is defined in clause 14.3(a).

Third Party Components means Content, as well as other products, services, data or material from, or provided by, third parties.

Transaction Fee means any fee that may be charged by our Payment Service Provider to you to facilitate Donations, as set by our Payment Service Provider from time to time.

Usage Fee means the fee charged by AT to Lawyers to cover its expenses of operating the Website, being 5% of any Donation.

User means any user of the Website, including Donors and Lawyers.

2. Term

This Agreement commences on the date you first access the Website, and continues until terminated in accordance with these Terms.

3. The Website

3.1 Your Access

AT provides the Website for your use on an ‘as is’ basis, and grants you a limited, non-exclusive and non-transferable licence to access and use the Website accordance with these Terms.

3.2 Availability & Maintenance

(a) We will use all commercially reasonable efforts to ensure the Website is available 24 hours a day, 7 days a week.

(b) Notwithstanding clause 3.2(a):

(i) AT does not warrant that your access to, or use of the Website will be uninterrupted or error-free;

(ii) you acknowledge and agree the Website may become unavailable from time to time due to Scheduled Maintenance or Outages; and

(iii) AT will not be liable for any reason where the Website is unavailable at any time or for any period, including as a result of Scheduled Maintenance or Outages.

(c) AT will use all reasonable efforts to publish on the Website (and/or, where you have an Account, otherwise notify you in writing):

(i) in advance of any reasonably anticipated interruption to the availability of the Website due to Scheduled Maintenance; and

(ii) as soon as reasonably practicable in the case of a protracted Outage, including details of any anticipated resolution to the Outage.

(d) Where reasonably practicable, we will perform Scheduled Maintenance outside of normal Australian working hours.

4. Acceptable Use

(a) You may only use the Website:

(i) for the purposes for which AT intended; and

(ii) in accordance with any reasonable policies, procedures and/or codes of conduct notified by AT in writing from time to time.

(b) AT reserves the right, acting reasonably, to suspend or terminate your access to the Website for any reason, including where you misuse the Website.

(i) use the Website for any purpose other than in accordance with this Agreement;

(ii) reverse-engineer, decompile, translate or disassemble the Website (except as may be permitted by statute);

(iii) bypass, or attempt to bypass, any security features of the Website, or introduce, upload or transmit any Harmful Code to the Website;

(iv) copy, reproduce, distribute, publish or otherwise use the Website or Content in any manner or for any purpose not expressly authorised by this Agreement;

(v) assign, transfer, sell, lease, license or sub-license the Website to any third party or dispose of, encumber or charge the Website in favour of a third party;

(vi) provide any third party with access to the Website other than as expressly permitted under this Agreement;

(vii) commercialise the Website for profit or otherwise provide the Website to third parties as a “bureau service” or on a white label basis;

(viii) challenge or repudiate or take any action to impair, prejudice or diminish the Intellectual Property Rights in the Website or Content;

(ix) make any representations to a third party or the public in regard to the Website or the Intellectual Property Rights in the Website;

(x) remove or interfere with any copyright or trade mark notices contained within the Website;

(xi) demonstrate the Website for the purpose of engaging a person to replicate the functionality or features contained in the Website;

(xii) not interfere or attempt to interfere in any manner with the functionality or proper operation of the Website;

(xiii) attempt to use the Website for any activity which breaches any Law;

(xiv) distribute, store or publish any content or material that is restricted, illegal or otherwise unlawful under any applicable Law, or which is likely to be offensive or obscene to a reasonable person; or

(xv) modify any documentation, instructions or manuals provided or made available in relation to the Website.

5. Content

5.1 Your Content

Where you provide any Content to AT, you represent and warrant that:

(a) any Content you transmit via the Website:

(i) is non-confidential;

(ii) will not infringe the rights, including any Intellectual Property Rights, of any third party; and

(iii) is created and owned by you, or licensed by you, in such a way that you can authorise us to provide the Content via the Website, and otherwise use that Content in accordance with these Terms;

(iv) is not false, inaccurate, or misleading;

(v) is not obscene, lewd, violent, harassing, defamatory, or slanderous;

(vi) does not mock, disparage, intimidate or abuse anyone;

(vii) does not violate any applicable Laws (including the Privacy Laws);

(viii) is not otherwise objectionable (as determined by us in our reasonable discretion); and

(ix) does not otherwise link to any material that does not comply with the requirements in this clause 5.1(a); and

(b) you have obtained all relevant consents to provide any Personal Information contained in your Content to AT for use in accordance with these Terms.

5.2 Licence to your Content

(a) We do not own your Content. As between you and us, you retain full ownership of your Content (and any Intellectual Property Rights in it), subject to this clause 2.

(b) Without limiting clause 5.2(a), you grant AT, and represent and warrant that you have the right to grant to AT, an irrevocable, perpetual, non-exclusive, sub-licensable, transferable, royalty-free worldwide licence to host, use, copy, reproduce, disclose, display (including publicly), reformat, translate, transmit, excerpt (in whole or in part), and distribute such Content in order to:

(i) provide the Website; and

(ii) manage our related business operations (including commercial, advertising, or other operations).

(c) To the extent that our use of your Content in any manner contemplated by these Terms would interfere with your, or any other person’s moral rights (within the meaning of the Copyright Act 1968 (Cth), you consent (and agree to obtain all relevant consents from relevant individuals) to that use of your Content.

5.3 Availability of Third Party Components

You acknowledge and agree that:

(a) the Website may may incorporate or rely on Third Party Components;

(b) AT will be responsible for managing the delivery of the Third Party Components as necessary to ensure the proper functioning of the Services; and

(i) AT makes no warranties or representations as to the availability, accuracy or completeness of any Third Party Components, including that the Third Party Components are fit for any particular purpose;

(ii) you rely on any Third Party Components at your own risk; and

(iii) AT may be required to amend, delete or discontinue any element of the Website that is sourced or derived from (or that incorporates) Third Party Components. In such situations, and to the extent permitted by law, AT will have no liability to you for any such amendment, deletion or discontinuation.

6. Privacy

6.1 Personal Information

(a) By accessing the Website, you acknowledge and agree that:

(i) AT may collect, use and disclose your Personal Information; in the manner and for the purposes specified in AT’s Privacy Policy – including to allow you to use the Website, improve the Website, to send you direct marketing communications (where you consent), and otherwise to administer AT’s relationship with you; and

(ii) AT’s Privacy Policy, contains information about how you may access or correct the Personal Information AT holds about you, how you may complain about a privacy breach and how AT will deal with such a complaint.

(b) If the exercise of its rights or performance of its obligations under this Agreement involves the collection, storage, handling or use of any Personal Information, then each party must:

(i) comply with all applicable Privacy Laws;

(ii) comply with all reasonable requests or directions of the other party in connection with an obligation of the other party under the applicable Privacy Laws;

(iii) use the Personal Information only for the purposes of performing its obligations under this Agreement;

(iv) not transfer that Personal Information outside of Australia or allow persons outside of Australia to have access to that Personal Information, unless:

(A) the other party has consented in writing to such transfer or access; or

(B) in the case of AT, AT’s Personnel or agents located outside of Australia need to access the Personal Information for the purposes of assisting AT in performing its obligations under this Agreement, including to the locations specified in AT’s Privacy Policy;

(v) take such steps as are reasonably necessary to ensure that such Personal Information is protected against misuse, loss, and unauthorised access; and

(vi) without undue delay, notify the other party if it becomes aware of a breach of any applicable Privacy Laws in connection with this Agreement.

6.2 Direct Marketing by AT

(a) AT will only send you direct marketing communications (including about offers, news, promotions, or events), where you have consented to AT doing so.

(b) You may opt-out of receiving direct marketing communications at any time by following the instructions in the direct marketing communications, but consent to AT providing you with notices without an unsubscribe option where required by law.

6.3 Direct Marketing by Lawyers

Where you opt-in, you:

(a) consent to Article Two sharing your Personal Information with the Lawyers who created a Campaign to which you have made a Donation, so that those Lawyers may provide you with direct marketing materials regarding the Campaign (and/or any other purposes identified when you opt-in); and

(b) acknowledge and agree that AT is not responsible for how those Lawyers handle your Personal Information, and that you must satisfy yourself as to their Personal Information handling practices before opting in.

7. Confidentiality of source code

You acknowledge and agree that the source code in the Website is AT’s confidential information. You must:

(a) keep that information confidential and secure;

(b) not disclose or permit disclosure of that information to any person other than as reasonably required for purposes associated with this Agreement; and

(c) not use or permit the use of that information other than as reasonably required for purposes associated with this Agreement.

8. Warranty & Disclaimer

8.1 Warranty

(a) Subject to clauses 3 and 5, AT warrants to you that your access to and use of the Website in accordance with this Agreement will not, to the best of our knowledge at the date of this Agreement, infringe the Intellectual Property Rights of any third party in Australia.

(b) On becoming aware of any claim or allegation by a third party against you alleging that your authorised use of the Website in Australia infringes the Intellectual Property Rights of that third party, you:

(i) must promptly notify us in writing, giving full particulars of any infringement, suspected infringement or alleged infringement;

(ii) must give us the option to conduct the defence of such a claim, including negotiations for settlement or compromise prior to or after the institution of legal proceedings;

(iii) must provide us with any assistance we may reasonably require in conducting the defence of such a claim; and

(iv) authorise us to:

(A) modify the Website or replace elements of it (including any of your Content), to render the Website non-infringing without materially diminishing its functionality; or

(B) obtain for your benefit, the authority to continue the access and use of the Website,

however, if neither of the above can be achieved using reasonable commercial efforts, we may terminate this Agreement (or the relevant part of it) with you by written notice to that effect.

(c) To the extent permitted by law, our liability in relation to any breach of the warranty in clause 8.1(a) does not apply where the infringement is caused or contributed to by:

(i) your use of the Website in a manner which is inconsistent with the rights granted under this Agreement, or with any documentation or written operating instructions or guidelines provided by us;

(ii) your use of the Website other than in the normal and customary manner for the purposes for which it is designed; and

(iii) Content or other data that is provided to us, or that is entered into the Website, by any User.

(d) Except for any express warranties contained in this Agreement, to the extent permitted by law, we expressly exclude all conditions, guarantees and warranties, whether express or implied, statutory or otherwise.

8.2 Disclaimer

(a) You acknowledge and agree that:

(i) the Website is a donation-based crowdfunding platform. AT provides feedback to a Campaign before listing, but the Content of that Campaign is the responsibility of the relevant Lawyer or Legal Service; and

(ii) notwithstanding clause 8.2(a)(i), AT makes no representations that any Campaign is a bona fide call for crowdfunding for a public interest legal cause.

(b) To the extent permitted by Law, AT cannot and does not represent, warrant, or guarantee:

(i) the identity, contact details, experience, or expertise of the Lawyer or the Legal Service;

(ii) the accuracy of any statements made in a Campaign or information linked to a Campaign;

(iii) the prospects of success of any Campaign; and

(iv) that any crowdfunded money will be used as represented by the relevant Lawyer or Legal Service for a Campaign.

9. Liability & Indemnity

9.1 Non-Excludable Rights

(a) The Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations may imply certain rights, consumer guarantees, warranties or remedies relating to the Website which cannot be excluded, restricted, qualified or modified by AT (Non-Excludable Rights). Nothing in this Agreement excludes or attempts to exclude the User’s Non-Excludable Rights as a consumer under the ACL.

(b) If a supply by AT under this Agreement is a supply of goods or services to a consumer within the meaning of the ACL, to the extent that the ACL permits AT to limit its liability, then AT’s liability is limited to:

(i) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

(ii) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

9.2 Limitation of Liability

(a) To the maximum extent permitted by law, except as otherwise expressly stated in this Agreement, AT and its Personnel are not liable (whether in contract, tort including negligence, under statute or otherwise) for any loss, liability, cost, damage, expense or claim (including loss of profit or revenue, loss of use, legal costs and defence or settlement costs) arising under or in connection with:

(i) the Website;

(ii) any Content; and

(iii) errors, omissions, data loss, file corruptions, interception of transmissions, downloads, Harmful Code or damage caused or contributed to by your use of the Website, or reliance on the materials available via the Website (including any Content).

(b) Subject to clause 14.8, and to the extent permitted by Law, each party’s total aggregate liability in connection with this Agreement to the other party (whether under statute, in contract or in tort, including negligence, or otherwise) for any liability, loss, damage or expense suffered or incurred by the other party is limited to $100.

9.3 Proportionate Liability

Each party’s liability arising out of or in connection with this Agreement whether in contract, equity, negligence, tort or for breach of statute or otherwise, including under a warranty or indemnity, will be reduced by the extent, if any, to which the other party’s breach of this Agreement or negligence caused or contributed to the liability.

9.4 Consequential Loss

Neither party will be liable to the other party, including in negligence, for any Consequential Loss arising out of or in connection with this Agreement (or any breach of it) or the Website.

9.5 Mitigation

A party who incurs loss under this Agreement must take all reasonable steps to mitigate or minimise the loss.

9.6 Indemnity

(a) You agree to indemnify AT and its Personnel, suppliers, and representatives from and against all losses, liabilities, claims, damage and expenses (including legal costs and expenses on a full indemnity basis) and penalties incurred or suffered by them that arise from or relate to:

(i) your use or misuse of, or wrongful access to, the Website; and

(ii) any act of fraud, breach of applicable law or wilful misconduct by you (or, where relevant, by your employees or agents).

(b) You agree to notify AT of any matter(s) that could reasonably be expected to fall within clause 9.6(a) above as soon as possible after you become aware of such matter(s).

(c) AT reserves the right to assume the exclusive defence and control of any matter requiring for which it is indemnified under this clause 9.6, in which case you must cooperate with AT, and provide AT with all reasonable assistance, in managing the defence of that claim.

10. Termination

(a) Without limiting AT’s rights, AT may suspend your access to or use of the Website if AT, acting reasonably, determines that you have:

(i) breached these Terms; or

(ii) behaved in manner that in AT’s reasonable opinion threatens the security, integrity or availability of the Website,

in which case AT will use commercially reasonable efforts to provide you with notice of any such suspension.

(b) AT does not guarantee that the Website will be available forever. If AT decides to cease providing the Website, it may terminate these Terms. If practical, AT will provide you with at least 30 days written notice that AT will cease providing the Website.

(c) Termination of this Agreement does not affect the rights of a party which have accrued up to the date of such termination.

11. Complaints

11.1 Lodging a complaint

(a) If you are dissatisfied with AT, you may lodge a complaint by contacting us via hello@articletwo.com and providing your name, contact details, and a description of the issue.

(b) Any complaint regarding the services of a Lawyer, Legal Service, Payment Service Provider or other third party should be directed to that third party.

(d) We aim to resolve complaints within 30 business days of acknowledgment. If additional time is required, we will keep you informed of progress and expected resolution dates.

(e) If you are not satisfied with our resolution of your complaint, you may request escalation to a senior manager, lodge a complaint with an appropriate external dispute resolution body or pursue remedies available under applicable law.

(f) Lodging a complaint does not affect any statutory rights you may have under applicable laws.

11.2 Commencing proceedings

Other than proceedings for urgent interlocutory relief, a party may not commence or maintain any proceedings in any court with respect to a complaint unless and until that party has complied with the procedures in this clause 11.

12. General

12.1 Force Majeure

(a) Neither party will be liable to the other for any delay or failure to perform its obligations under this Agreement as a result of a Force Majeure Event.

(b) If a Force Majeure Event arises:

(i) the affected party must notify the other party of the extent to which the affected party is unable to perform its obligations;

(ii) the affected party will use its reasonable endeavours to mitigate the effect of the Force Majeure Event; and

(iii) the affected party will not be liable to the other party for any Claim the other party suffers or incurs as a result of that Force Majeure Event.

(c) A Force Majeure Event does not relieve a party from liability for an obligation which arose before the occurrence of that event.

(d) If the Force Majeure Event continues for a period of more than thirty (30) days, either party may terminate this Agreement by written notice to the other party.

12.2 Notices

(a) Notices in connection with this Agreement directed to:

(i) AT must be sent via email to hello@articletwo.com; and

(ii) you, must be sent to the contact details you provide us being:

(A) where you are a Lawyer, the details set out in your Account; and

(B) where you are a Donor, the details provided when you made your Donation.

(b) A notice is taken to have been given:

(i) in the case of being hand delivered, on the date on which it is delivered;

(ii) in the case of being sent by post, on the fifth (ninth if sent to an address in another country) day after the date of posting; or

(iii) in the case of delivery by email, at the time sent, unless the sender is notified, by a system or person involved in the delivery of the email, that the email was not successfully sent.

12.3 Governing Law

This Agreement is to be governed and construed in accordance with the laws for the time being in force in Victoria, Australia and the parties irrevocably submit to the jurisdiction of the courts and tribunals having jurisdiction in that State.

12.4 Waiver

A provision of this Agreement or a right created under it, may not be waived or varied except in writing, signed by the party or parties to be bound.

12.5 Severability

If any part or provision of this Agreement is judged invalid or unenforceable in a jurisdiction, it is severed for that jurisdiction, and the remainder of this Agreement will continue to operate in full force.

12.6 Assignment and novation

(a) You may not assign, novate or transfer this Agreement or any right or obligation under it without our prior written consent.

(b) We may assign, novate or transfer this Agreement, or any right or obligation under it, on reasonable written notice to you.

12.7 Remedies

The rights of a party under this Agreement are cumulative and not exclusive of any rights provided by Law.

12.8 Entire Agreement

This Agreement constitutes the entire agreement between us and you in relation to the Website, your Content, your Donation(s) and/or Campaign(s).

12.9 Relationship with us

Nothing in this Agreement is intended to create a partnership, joint venture, or agency relationship between the parties, and each of the parties agree that they are entering into this Agreement only as independent contractors.

12.10 Amendments

(a) AT may update these Terms from time to time. You must check for updates whenever you access the Website. The latest version of these Terms will govern your usage of the Website and its associated services from the date we post any updated Terms on the Website.

(b) Where you are a Lawyer, AT will provide you with reasonable notice of amendments to these Terms that will materially impact your ability to use the Website and share your Campaign(s) and receive Donations. You may elect to discontinue your use of the Website at any point.

12.11 Sanctions compliance

(a) AT is subject to Australian and applicable international sanctions legislation, including the prohibition against directly or indirectly facilitating breaches of sanctions by third parties.

(b) AT does not directly process Donations. Donations are handled by our Payment Service Provider, which may have its own sanctions policy.

(c) AT will cooperate with its Payment Service Provider, Lawyers, Legal Services, and other third parties to prohibit transactions or dealings which directly or indirectly involve sanctioned persons or entities and their agents, sanctioned services, activities, or goods; or sanctioned countries and regions.

(d) If AT receives a Submission from a Lawyer or Legal Service that suggests a sanctions law may be breached by the acceptance of Donations through that Campaign, AT will engage with the Lawyer or Legal Service to conduct a risk assessment to identify and manage sanctions risks.

(e) If AT identifies that a Donation(s) or Campaign(s) may breach a sanctions law, and if it considers that any assessment and minimisation is insufficient to address that risk, AT will take other action such as pausing or removing Campaigns, freezing Accounts, and notifying our Payment Service Provider. We may do this at short notice.

(f) To the extent permitted by law, AT shall have no liability to you for lawful actions taken to comply with applicable sanctions laws.

12.12 Survival

Clauses 1, 5, 6, 7, 8, 9, 11, 12, 13.2, 13.3, 13.4, 14.1(c), 14.4(c), 14.5, 14.7, 14.8 survive termination of this Agreement.

12.13 Interpretation

In this Agreement:

(a) a reference to the singular includes the plural number and vice versa;

(b) the words “including”, “include” and similar words are not words of limitation; and

(d) a reference to a “party” or a “person” includes that party’s or person’s executors, legal personal representatives, successors, liquidators, administrators, trustees in bankruptcy and similar officers and, where permitted under this Agreement, their substitutes and assigns; and

(e) a heading is for reference only. It does not affect the meaning or interpretation of this Agreement.

13. Additional Terms for Donors

This clause 13 applies where you access the Website as a Donor.

13.1 Making a donation

Where you are either an individual who is 18 years or older, or a body corporate (or authorised representative of a body corporate), you may make a Donation to a Campaign by:

(a) navigating, via the Website, to the Campaign to which you wish to donate;

(b) clicking the “Make a donation”, “Back campaign”, or similar button or link; and

13.2 Nature of Donations

In making a Donation, you acknowledge and agree that:

(a) AT has no direct financial relationship with you. By making a Donation you acknowledge:

(i) You are entering into an agreement with the relevant Lawyer and/or Legal Service, and not AT, to provide them with your Donation directly (less any applicable Transaction Fee and/or our Usage Fee notified to you when you make your Donation) for the purposes of supporting the relevant Campaign;

(ii) You do so on and subject to any additional terms and conditions imposed by our Payment Service Provider, as notified to you by our Payment Service Provider when you make your donation (Payment Terms); and

(iii) AT may make your Personal Information available to the Lawyer and/or Legal Service managing the Campaign to which you have donated in order for them to manage Donations and their Campaign.

(b) Our Payment Service Provider may accept or reject your Donation in accordance with the Payment Terms. To the extent permitted by law, AT is not responsible for any decision, and shall have no liability for any rejection of your Donation by, our Payment Service Provider. You must raise any concern regarding your Donation with our Payment Service Provider according to the Payment Terms.

(c) AT is not a party to any relationship (contractual or otherwise) that may exist between you and a Lawyer and/or Legal Service operating a Campaign. To the extent permitted by law, AT is not responsible or liable for a Lawyer’s or Legal Service’s conduct in any regard, including in relation to a Campaign to which you have donated, including where your Donation is not used for the purpose for which you intended.

(d) You will not receive any goods, services or benefits from AT in exchange for your Donation.

(e) Your Donation:

(i) is a gift, and does not create equity, or any other financial interest, in the outcome of any Campaign, including as to damages or other compensation;

(ii) does not make you a third party payer under applicable costs legislation;

(iii) is made in respect of the Campaign as it stands at the time of your Donation. The content or nature of a Campaign is subject to change at the discretion of the Lawyer and/or Legal Service managing the Campaign, and AT has no control over (or liability to you for) such changes;

(iv) will be held by a Lawyer and/or Legal Service for them or their clients, and not for you as a Donor; and

(v) those Lawyers and/or Legal Services will not, under these Terms, owe an obligation to apply your Donation other than in connection with the provision of legal services to their clients, including under the relevant Campaigns, other than in accordance with clause 14.6(d) (in cases where a Campaign does not proceed).

(f) If you are making a Donation on behalf of a body corporate, you warrant that you have the necessary authority to make the Donation on behalf of the body corporate.

13.3 Tax-Deductible Donations

Your Donation may be tax-deductible, depending on the nature of the Lawyer, Legal Service and/or Campaign. You acknowledge and agree that AT makes no representations as to your Donation being tax-deductible, and it is your responsibility to confirm whether a Donation is tax-deductible.

13.4 Refunds & Complaints

(a) You acknowledge and agree that:

(i) as in clause 13.2, AT will have no direct financial relationship with you and, to the extent permitted by law, cannot refund or direct the refund of your Donation;

(ii) without limiting clause 13, where we identify that a Campaign is, or becomes, in breach of these Terms, we may cancel the Campaign; and

(iii) you must direct any request to refund your Donation to the Lawyer and/or Legal Service maintaining a Campaign, via the details provided on the Website. If no details are provided on the Website, we will take reasonable steps to assist you in directing such a request to the relevant Lawyer and/or Legal Service.

(b) You must contact the relevant Lawyer and/or Legal Service managing the Campaign, not AT, if you have any concerns or complaint about a Campaign, or your Donation.

13.5 AML/CTF

In making a Donation, you warrant that you have complied, and will continue to comply, with all relevant obligations under the AML/CTF Act.

14. Additional Terms for Lawyers

14.1 General

(a) This clause 14 applies where you access the Website as a Lawyer.

(b) Prior to using this Website and accepting any Donations, you must ensure that your client(s) (where relevant):

(i) understand how AT operates;

(ii) agree to you using AT in connection with your Campaign;

(iii) have been provided with a costs agreement specifying how any Donations received by AT will be managed; and

(iv) comply with all applicable obligations under the AML/CTF Act.

(i) warrant that you are admitted to practice in the jurisdiction(s) in which you practice and have not been subject to any disciplinary action as a Lawyer resulting in a disciplinary outcome;

(ii) understand that the integrity of lawyers’ conduct on and related to the Website and its Campaigns is fundamental to Users’ trust in lawyers, in AT, and in the Website; and

(iii) warrant that, where relevant:

(A) you have all relevant authorisations to bind your Legal Service by these Terms; and

(B) your Legal Service will comply with these Terms as if it were a party to them.

(d) AT reserves the right to report Lawyers, Legal Services, or Campaigns to local regulators or police if we are concerned about a breach of applicable Laws.

14.2 Accounts

(a) You must register an account on the Website in order to list a Campaign and receive Donations.

(b) You can request to register for an Account through the Website by clicking the “Lawyers to Register Here” link (or similar) on the “Lawyer Login” page of the Website, and providing all requested information, including any information we reasonably require to verify whether you:

(i) are aged 18 or over;

(ii) are an admitted legal practitioner in at least one Australian jurisdiction;

(iii) work for or represent a Legal Service such as a law firm, community legal centre, an academic research centre with practitioners, an independent practice at the Bar, or an in-house legal team;

(iv) have the required authorisations from your Legal Service to create a Campaign on AT; and

(v) are capable of complying with AT’s additional policies and procedures, as notified to you in writing from time to time.

(c) Your Account will be available for your use from the time at which AT notifies you in writing that your registration request is successful.

(d) You are responsible for all activity on your Account, and must:

(i) keep your password, and any record of it, confidential and must secure it from any unauthorised access or use;

(ii) change that password as soon as practicable if you have reason to suspect the password has been compromised;

(iii) not permit any other person to use the Account or to access the Account with the password;

(iv) promptly update your Account (and other information, including any relevant contact details, such as your email address) so that AT can contact you or assist you in completing transactions; and

(v) notify AT as soon as reasonably practical if you become aware of any unauthorised access to or use of your Account, and then take all reasonable steps as soon as practical to re-secure your Account.

(e) AT may:

(i) reject your Account registration request if you fail to reasonably satisfy AT as to the matters set out in clause 14.2(b); and

(ii) suspend or close your Account if AT determines, acting reasonably, that you:

(A) no longer satisfy the criteria set out in clause 14.2(b); or

(B) have breached the requirements of clause 4 and this clause 14,

until such time as you are again capable of satisfying those requirements.

14.3 Submissions for Campaigns

(a) You may request AT to publish a Campaign on the Website by following the prompts in your Account to access and complete the Listing Form and Campaign Listing Checklist, including by providing all required information (a Submission).

(b) AT will review your Submission promptly following receipt, and, on written notice to you:

(i) accept your Submission, and publish it as a Campaign on the Website, where AT determines that your Submission meets AT’s criteria for publication on the Website, including that your Submission:

(A) relates to the use of law for the Public Interest, which especially includes Campaigns referable to achieving the purposes of Article 2 of the International Covenant for Civil and Political Rights, but excludes matters that further disadvantage an already marginalised community;

(B) has been prepared with consent from all relevant parties, including your client(s); and

(C) does not include information that is confidential between a client and Lawyer or Legal Practice without consent from the relevant client;

(ii) may provide feedback on your Submission to suggest changes or clarification to ensure the Campaign addresses the requirements set out in clause 14.3(b)(i), and encourage you to make a new Submission under clause 14.3(a); or

(iii) reject your Submission if AT considers, in its sole discretion, that your Campaign does not meet, or is not capable of meeting, the criteria set out in clause 14.3(b)(i).

14.4 Management of Campaigns and Accounts

Where your Campaign is published:

(a) you may modify or update your Campaign at any time via your Account.. You must ensure that any modifications or updates you make to your Campaign will comply with the conditions set out in clause 14.3(b)(i).

(b) you must promptly update your Campaign as set out in 14.4(a) where the representations in the Campaign become inaccurate, incomplete or out of date;

(i) you will comply at all times with the requirements set out in 14.2(b), and will promptly notify AT where you become aware you are unable to comply with those requirements;

(ii) the Content included in your Campaign on the Website is, and will at all times:

(A) be, accurate, complete, and up to date; and

(B) not include any content that is misleading or deceptive, or likely to mislead or deceive any person;

(iii) your use of Website, publication of the Campaign and receipt of Donations, will not infringe the rights of any third party, or breach any applicable Laws (including, without limitation, legal professional privilege or obligations under the AML/CTF Act);

(iv) you will keep your client(s) informed at all times of your use of the Website, publication of the Campaign, and Content displayed via your Campaign;

(v) the Lawyer and/or Legal Service named in the Account to which the Campaign relates is the Lawyer and/or Legal Service who is responsible for the conduct of that Campaign; and

(vi) where the Lawyer and/or Legal Service responsible for the Campaign changes, you will promptly notify AT and seek the transfer of your Campaign to the Account relevant to that new Lawyer and/or Legal Service.

(d) AT may, at any time, suspend or cancel your Campaign or Account or remove or edit any of your Content, if your use of the Website:

(i) breaches these Terms;

(ii) violates any applicable Laws; or

(iii) in AT’s reasonable opinion, threatens the security, integrity or availability of the Website.

AT will use commercially reasonable efforts to provide you with written notice prior to any such suspension, cancellation or removal.

14.5 Professional Obligations

In preparing and listing a Campaign, you further:

(a) warrant to us that:

(i) you have complied with your professional and ethical obligations;

(ii) to the best of your ability and knowledge, there are no defamatory representations contained in any Content related to your Campaign;

(iii) you have complied with applicable privileges, undertakings, and closed court and suppression orders;

(iv) if you have a client, you have your client’s written instructions and are complying with them;

(v) you have otherwise complied with all applicable Laws and any orders in litigation.

(b) acknowledge and agree that AT:

(i) has no relationship with your client(s);

(ii) is not a Legal Service and does not accept instructions from any of your clients. Rather, AT provides the Website to enable you to engage with potential Donors for your Campaign;

(iii) and AT’s review of your Submission does not replace your own forensic judgment in meeting your professional obligations; and

(iv) will not seek to interfere in your relationship with your clients, or ask you to waive legal professional privilege.

14.6 Donations

(a) Where Donors make a Donation to your Campaign, you acknowledge and agree that:

(i) you will be required to open an account with our Payment Service Provider, in which case our Payment Service Provide may conduct, and you must successfully complete, all applicable KYC checks (or similar);

(ii) you will receive Donations (less any applicable Transaction Fee and/or Usage Fee) directly from Donors, with those Donations paid by the Donor to your account with our Payment Service Provider; and

(iii) AT has no direct financial relationship with Donors and will not handle any Donations. Other than hosting Campaigns on its Website, AT will not be assisting or otherwise acting on behalf of you in a way that constitutes the provision of a designated service under the AML/CTF Act.

(b) Donations will be paid from your account with our Payment Service Provider to your nominated trust account or bank account in accordance with our Payment Service Provider’s Payment Terms.

(i) for the purpose described in your Campaign;

(ii) consistently with any costs agreement with the relevant client(s);

(iii) consistently with your professional and ethical obligations; and

(iv) otherwise in compliance with applicable Laws and any orders in litigation.

(d) If you decide not to proceed with a Campaign after you have received Donations, or otherwise are unable to use Donations for the purposes specified in the Campaign, you warrant that you will:

(i) take all reasonable steps to refund the value of any such Donations to the relevant Donor in a manner agreed between you and the Donor; and

(ii) where you are unable to refund the value of that Donation, or a Donor notifies you that they do not wish to be refunded their Donation, pass along all Donations received and not yet used to a separate Campaign that most closely aligns with the matters relevant to your Campaign.

14.7 Indemnity

(a) By publishing a Campaign, you and your Legal Service agree to indemnify AT and its Personnel from and against all losses, liabilities, claims, damage and expenses (including legal costs and expenses on a full indemnity basis) and penalties incurred or suffered by them that arise in connection with your, and your Legal Service’s:

(i) Campaign and Content;

(ii) use of the Website and Account;

(iii) breach of these Terms;

(iv) breach of applicable Laws;

(v) infringement of any third party rights (including Intellectual Property Rights);

(vi) breach of any compulsory undertakings or Harman undertakings;

(vii) breach of any obligation of confidence or privacy to any person (including your client(s));

(viii) contempt of court; and

(ix) negligent, misleading, wrongful or unlawful conduct.

(b) AT reserves the right to assume the exclusive defence and control of any matter indemnified under clause 14.7(a), in which case you must cooperate with AT, and provide AT with all reasonable assistance in managing the defence of that claim.

14.8 Lawyers’ and Legal Services’ Liability

(a) Notwithstanding clause 9.2(b), and to the extent permitted by Law, your, and your Legal Service’s total aggregate liability to us in connection with this Agreement, whether under statute, in contract or in tort, including negligence, or otherwise, for any liability, loss, damage or expense suffered or incurred by us is limited to the total value of all Usage Fees charged by AT for Donations made to your Campaign/s.

(b) Clauses 9.2(b) and 14.8(a) do not apply to the indemnity at clause 14.7(a).