ECLATECH LIMITED T/A LAWYERUP
TERMS AND CONDITIONS OF USE FOR USERS
THESE TERMS AND CONDITIONS (“TERMS”) SET OUT THE TERMS AND CONDITIONS ON WHICH ECLATECH LIMITED T/A LAWYERUP (“ECLATECH”; “WE”; “US”) WITH COMPANY NUMBER 11777022 AND HAVING ITS REGISTERED ADDRESS AT 4 OLD PARK LANE, MAYFAIR, LONDON, UNITED KINGDOM, W1K 1QW SHALL OFFER ACCESS TO ITS WEBSITE WWW.LAWYERUP.ORG.UK (“WEBSITE”) TO YOU THE USER OR CLIENT (“YOU” OR USER”) SEEKING TO CONNECT WITH LAWYERS TO OBTAIN SUCH LEGAL SERVICES (“LAWYERS”).
PLEASE READ THESE TERMS VERY CAREFULLY BEFORE USING THE WEBSITE. YOU ACKNOWLEDGE THAT BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT CONTINUE WITH YOUR USE OF THE WEBSITE.
IMPORTANT NOTICE: For the actual provision of services listed on this Website by a Lawyer, Users (which includes any Lawyer acting in the capacity as a recipient of services) will enter into a contract directly with the Lawyer providing the services. Eclatech is not a party to that contract, and Users and Lawyers will be separately responsible and liable to one another under the terms of that contract. Eclatech simply connects Users and Lawyers through the Website.
Please note that these Terms only apply to our Users; if you are a Lawyer, please refer to terms set out in the lawyer registration or contact us at firstname.lastname@example.org.
1. INFORMATION ABOUT ECLATECH AND THE WEBSITE
- The Website is owned and managed, operated and maintained by Eclatech LIMITED.
- Eclatech may be contacted at 4 Old Park Lane, Mayfair, London, United Kingdom, W1K 1QW or by email at email@example.com.
- The Website is an online network that provides a means for Lawyers in the legal industry to connect with potential clients (“Users”). The features and functionality of this marketplace are as set out on the Website and are subject to these Terms, but include the following (collectively, “Services”):
- Users can provide feedback and rate the performance of Lawyers by providing reviews by email.
- Lawyers can then respond to the User to express an interest in performing the Request for the User (“Request Response”); and
- Lawyers can create an online profile to describe themselves and their business, which is accessible by Users on the Website (“Profile”). A Lawyer’s Profile can also include other documents, and/or information about the Lawyers’ quotes for the provision of service;
- Users can contact Lawyers via their office telephone number, email, scheduled meeting or otherwise by submitting a call back request in order to request advice or assistance with a case or other legal services in respect of which they are looking to engage a Lawyer (each, a “Request”);
2. PRELIMINARY INFORMATION
- By using the Website, you warrant that:
- You are legally capable of entering into binding contracts;
- If an individual, you are at least 18 years old. If you are under the age of 18, you should ask a parent or guardian over the age of 18 to enter into these Terms on your behalf. As a parent or guardian of someone under the age of 18, you are responsible for ensuring that person's use of the Website and/or Services is in accordance with these Terms.
- You are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these Terms; and
3. USE OF THE WEBSITE
- You agree that at all times, you shall:
- Use the information presented on the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
- Use the information made available to you on the Website and through the Services at your own risk.
- Co-operate with any reasonable security or other checks or requests for information made by Eclatech from time to time; and
- Comply with all instructions and policies from Eclatech from time to time in respect of the Services and the Website;ot use the Website, the content therein and/or do anything that will infringe anyone’s intellectual property rights as defined in clause 9 or other rights of any third parties;
- Not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
- Notwithstanding the foregoing, Eclatech reserves the right to refuse you access to the Services and/or Website (partly or wholly) if you breach any of the provisions of these Terms.
4. YOUR OBLIGATIONS
- You are solely responsible and liable for all activities You undertake on the Website.
- You must comply with all applicable law in respect of your use of the Website and the Services including, without limitation, compliance with all applicable e-commerce directives, consumer protection legislation and data protection and privacy directives.
- When submitting a Request, you must ensure the Request contains all information that is reasonably necessary for a Lawyer to fully and accurately respond to the Request, including:
- Your identity and contact details;
- The payment and expenses (if any) you will be paying to the Lawyer.
- Any health and safety risks known to you and the steps which you and the steps which you have taken to either prevent or control such risks; and
- A list of experience, training, qualifications and any authorisation required by the Lawyer in respect of the Request;
- A description of the Lawyer you are seeking, including without limitation the nature of the work and duties, the location and the duration or likely duration for the work;
- You warrant and represent that the information provided by you pursuant to clause 4.3 and in respect of any Request shall be correct, complete, accurate and up to date.
- As a User, you are solely responsible for:
- The management of your search for a Lawyer;
- Ensuring that a Lawyer has the right to work in the country in which the Request will be carried out,
- Verification of all information provided by any Lawyer including without limitation any Lawyer Profile and all supporting Documentation, including to confirm the authenticity of the Lawyer’s professional indemnity insurance documents or any other documentation that may be uploaded to the Website; and
- Ascertaining specific professional requirements, if any, you may require a Lawyer to possess as set out in a Request;
- Ensuring that a Lawyer has the qualification, skills, training and experience required by you, whether or not such details are listed by you on any Request;
- Ascertaining the identity of the Lawyer(s);
When deciding to accept a Request Response or otherwise engaging a Lawyer found through the Website, and it is your responsibility to carry out whatever enquiries you deem to be necessary.
- In using the Services, you must:
- Not provide information (including in any Request, reviews and/or any communication with Lawyers) which you know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts;
- immediately notify Eclatech in the event you have any reason to believe or suspect that a Lawyer or another User has breached any of its Terms or that Lawyer Profile is not genuine, or is false, inaccurate and/or incomplete.
- You acknowledge and agree that Requests will be viewable by any users of the Website (including all Lawyers).
- You shall not submit to appear on the Website or otherwise through your use of the Services any information, comments, images, third party URL links or other material whatsoever in any format (“User Submissions”), such term to include information, details, descriptions or materials submitted by Lawyers in relation to discussions or projects and information, details, descriptions and materials submitted by Users posting Requests, that may reasonably be deemed to:
- Be offensive, illegal, inappropriate or in any way;
- Infringe any rights of any third party;
- Engage in or promote commercial activities and/or sales not related to the Lawyer Services, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Eclatech; or
- Promote or contain information that you know or believe to be inaccurate, false or misleading;
- Provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
- Promote any illegal activities;
- Promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
- Display pornographic or sexually explicit material;
- Harass or advocate harassment of another person;
- Promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
and YOU HEREBY INDEMNIFY ECLATECH FOR ANY BREACH BY YOU OF THIS CLAUSE 4.6
- Unless otherwise explicitly stated by us, Eclatech does not vet, verify the accuracy, correctness and completeness, edit or modify any User Submissions or any other information, data and materials created, used and/or published by you to determine whether they may result in any liability to any third party. You hereby warrant that you have the rights to use all such information, data and material in the manner set out in these Terms. WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF OUR SERVICE BY A USER OR A LAWYER IN CONTRAVENTION OF THIS CLAUSE 4.
- Regardless of clause 4.7 above, you acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Website, whether or not the submission of such User Submission is part of the Services. You agree that Eclatech may, at its sole discretion, choose to display any User Submission or any part of the same that you make on the Website, or to remove them as we deem necessary or appropriate.
- If you have reason to believe that another user of the Website has not followed or complied with their obligations in these Terms, or you have a complaint to make, please e-mail us at: firstname.lastname@example.org or write to: Eclatech Limited, 4 Old Park Lane, Mayfair, London, W1K1QW, or by using the "Contact Us" form available on the Website. Please provide full details of the nature of your complaint and the materials to which the complaint relates. We will use our reasonable endeavours to respond to all complaints within a reasonable time and to take reasonable action which we deem appropriate to resolve or rectify the subject matter of such complaints.
- In the event that Eclatech, in its sole and absolute discretion, considers that there has been a breach or threatened breach of any of the terms set out in this clause 4, Eclatech reserves the right to take any action that it deems to be necessary, including without limitation, temporary suspension, or termination forthwith and without notice of your use of and access to the Services and the Website; and in the case of illegal use, the instigation of legal proceedings as appropriate.
- You or Eclatech may terminate these Terms at any time and for any reason whatsoever by giving the other party not less than fourteen (14) days’ notice in writing.
- Notwithstanding the provisions of this clause 5, these Terms may be terminated by either you or us immediately, on written notice to the other party:
- If the other party is in material breach of its contractual obligations and has not remedied such breach within fourteen (14) days after receipt of a written notice of default from the other party. For the avoidance of doubt, and without limitation, breach of any provision under clause 4 is a material breach for these purposes; or
- By either party if the other is declared bankrupt, or if a body corporate, has a liquidator, receiver or administrator appointed or enters into any form of arrangement with its creditors, or is otherwise insolvent.
6. EXCLUSION OF WARRANTIES & LIABILITY
- All warranties, representations, guarantees, conditions and terms, other than those expressly set out in these Terms whether express or implied by statute, common law, trade usage or otherwise and whether written or oral are hereby expressly excluded to the fullest extent permissible by law.
- You acknowledge and agree that the Services provided by Eclatech are limited to providing you with a facility to attempt to source and connect with Lawyers. When you use the User Services, Eclatech does not guarantee that you will:
- Find Lawyers suitable to your specific requirements;
- Achieve any specific results whatsoever.
- Secure any Request Responses, responses or any communication from Lawyers; or
- Eclatech makes no warranties and assumes no responsibility for verifying the credentials, standards or reputation of the Lawyers and you acknowledge and agree that it is the entire responsibility of you, the User, to carry out whatever enquiries you deem necessary to so verify that any information provided by the Lawyer or listed on the Website (including the Lawyers’ Profile and User Submissions, Request Responses or any information provided or comments made by Lawyers in their communication with you) is true, accurate, complete and up-to-date. In particular, Eclatech does not warrant or guarantee:
- The currentness, completeness, correctness and accuracy of any Lawyer Profile;
- The identity of the Lawyers using the Website.
- That any information or documentation made available on Lawyer’s User Submission or in a Request Response is authentic, valid, accurate or otherwise complete; Or
- Eclatech shall bear no responsibility or liability for inspecting or verifying any material posted in any User Submission. Consequently, Eclatech does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any such User Submission. Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
- Subject to clause 6.7, liability of which shall remain unlimited, the maximum aggregate liability of Eclatech (including its respective agents and sub-contractors) under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise, shall not exceed £100.
- We shall not be responsible for any:
- Losses, damages, costs and expenses which were not reasonably foreseeable to be incurred by you and could not have been reasonably foreseeable by you or us on entering these Terms; or
- Loss of profits, contracts or business, loss of an anticipated outcome or anticipated savings.
- We accept and do not limit Our liability to you for the following categories:
- Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
- Negligent misrepresentation, fraud or fraudulent misrepresentation;
- Death or personal injury;
7. SUSPENSION AND CHANGES TO TERMS & SERVICES
- Eclatech shall be entitled at its own discretion and upon notice to you, to suspend the Services and/or the Website whether wholly or partly for any reason whatsoever including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or non-availability of the Services and/or the Website (whether wholly or partly).
- Eclatech reserves the right to make any changes to the Services and/or the Website including any functionalities and content therein or to discontinue a specific feature from time to time subject always that:
- Eclatech notifies you in writing through a message displayed on the Website; and such changes have no material adverse effects to you.
- Eclatech may update or revise these Terms from time to time and shall notify you of any such updates and revisions through a message displayed on the Website. Your continued use of the Services and/or the Website (whether wholly or partly) shall be deemed your acceptance of such change(s) in respect of the updated or revised Terms. If you do not agree with the changes to these Terms, you may terminate your Contract with us in accordance with clause 5.
8. PROBLEMS & DISPUTES
- Eclatech is not responsible in any way for the provision of the Lawyer’s services, which are to be provided by the Lawyer on terms and conditions as may be agreed between you and the Lawyer.
- In the event there is a dispute between you and the Lawyer, or the Lawyer’s services are not provided to a satisfactory standard, you agree Eclatech is not liable for any loss or damage suffered by you in the course of receiving the Lawyer’s Services. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND HOLD HARMLESS ECLATECH FROM ANY SUCH LOSS OR DAMAGE OR ANY LIABILITY IN RELATION TO SUCH DISPUTE.
9. INTELLECTUAL PROPERTY RIGHTS
- Eclatech and its licensors own all the intellectual property rights (“Intellectual Property Rights”) relating to the Services and the Website, save for those that fall under clause 9.3 below. Nothing in these Terms shall serve to transfer from Eclatech to any User or Lawyer any of the intellectual property rights in the Website.
- You are expressly prohibited from:
- Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and
- Removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us or our licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Eclatech or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Eclatech.
- All rights, title and interest in any User Submissions shall remain exclusively with the relevant user who posted such User Submission.
- You hereby grant Eclatech a non-exclusive, perpetual, irrevocable, worldwide licence to make User Submissions available on the Website, and to use such User Submissions for our promotional and marketing purposes.
- Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You shall not, during the term in which these Terms apply or after such term has ended, (except as required by law), disclose to any person any confidential information or trade secrets relating to Eclatech’s business. Such matters include, without limitation, information or secrets relating to: corporate and marketing strategy, business development and plans, sales reports and research results, business methods and processes, technical information and know-how relating to Eclatech’s business and which is not in the public domain, including inventions, designs, programs, techniques, database systems, formulae and ideas, business contacts, lists of Users or Lawyers, Users, Lawyers and companies and details of contracts with them, and any document marked “confidential”. This restriction shall not apply during or after these Terms have terminated to information which has become available to the public generally otherwise than through unauthorised disclosure.
- If Eclatech fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by Eclatech of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- Any requirement for written notice to be provided under these Terms may be satisfied by sending the notice by registered post or email to, in the case of Eclatech, the postal address or email address as set out in these Terms, or in the case of a User, to the email address provided by that User.
- If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
- Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Eclatech and such third parties shall not be entitled to enforce any of these Terms against Eclatech.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”). We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
- These Terms and any document expressly referred to in them represent the entire agreement between you and Eclatech in respect of your use of the Website, and shall supersede any prior agreement, understanding or arrangement between you and Eclatech, whether oral or in writing.
- These Terms are governed by and construed in accordance with English law. The Courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of these Terms.