General terms

and conditions of sale

thereafter: "T&C"

Public Document

Preamble

Digilegal intends to promote access to legal services for all by connecting individuals and companies with specialized local lawyers.

Digilegal has therefore created a website allowing individuals and companies to ask their legal questions online, to connect with lawyers and purchase legal documents.

Digilegal's objective is to bring individuals, companies and lawyers together and to create trust, and ensure that clients see their lawyers as allies and discuss with them prior to making important decisions.

Clients and lawyers should manage legal services online, through a clear, simple and intuitive interface.

1. Article 1 DEFINITIONS

   1. Lawyer : a lawyer within the meaning of Article 4 of the Federal Act on the Free Movement of Lawyers (RS 935.61; hereinafter: LLCA; Switzerland) who is a partner of Digilegal and holds an Account.
   2. Voucher : a voucher issued by Digilegal upon purchase of a Legal Service.
   3. Client : any individual or company who holds an Account.
   4. Account : any account, Lawyer or User, created on the Website.
   5. Digilegal : Digilegal SA, registered at the Geneva Registry of Commerce (CHF-164.071.871), with headquarters at 8, rue Rodolphe-Toepffer, 1206 Geneva.
   6. Legal document : document that the Client can order on the Website for a fixed price.
   7. Service Fees : fees charged by Digilegal for the operation, maintenance and development of Digilegal products and services.
   8. Privacy Policy : the terms and conditions governing the collection, processing, storage, sharing and deletion of User data on the Website.
   9. Question(s) : any legal question asked by a Client on the Website.
   10. Legal Service(s) : any service offered by Digilegal on the Website, except for Questions, for a fixed-price.
   11. Website : the https://digilegal.com/ website and all its related web pages.
   12. User(s) : a Client and/or a Lawyer.

2. Article 2 SCOPE OF APPLICATION OF THE GENERAL TERMS AND CONDITIONS

   By using the services or visiting the Website, You agree without reservation to the T&C. The T&C are concluded between Digilegal and You. They govern your use of the Website and the sale of all services.

3. Article 3 THE SERVICES - SCOPE AND OPERATION

   The Client orders the desired service on the Digilegal website. Digilegal will connect the request to the relevant Lawyer. If Digilegal is unable to identify an available Lawyer in time, the Client will be informed by telephone. Once a Lawyer is available and accepts the Legal Service, Digilegal will forward the request to the Lawyer.

4. Article 4 SUBSCRIPTIONS

   1. Scope and operation of the service

      Digilegal offers subscriptions that allow the Client to ask an unlimited number of Questions during the subscription period (hereinafter: "Subscription"), for a fixed price. The price is indicated on the Website.

   2. Duration and termination

      1. The minimum duration of the Subscription is 1 month. The Subscription is tacitly renewed for a period of the same duration at the end of each term, subject to prior termination by the Client.
      2. The Client may terminate their Subscription at any time from their Account under "manage my subscription". The Subscription expires at the end of the period in progress at the time of termination.

   3. Non-payment

      In the event of non-payment of the Subscription, it will be suspended until the amount due is paid. The Client will then not be able to ask Questions.

5. Article 5 DEADLINES, TEMPORARY UNAVAILABILITY OF THE WEBSITE

   1. Digilegal’s objective is to provide a reply from a Lawyer within 24 business hours. This does not apply to holidays and weekends.

   2. Public holidays are those provided for in art. 1 of the Geneva Public Holidays Act (RS/GE J 1 45; LJF).

   3. Should the Website be unavailable, the deadlines do not run and are extended for the duration of the unavailability.

   4. You undertake to immediately inform Digilegal in case of technical issues pertaining to the use of the services, or if the services are otherwise unavailable.

6. Article 6 CLIENT'S UNAVAILABILITY

   1. If a Lawyer needs to clarify a point concerning the Client’s Question and the Client cannot be reached on the provided telephone number or email address, the Client agrees that the Lawyer may decide to defer their reply until the necessary information is received from the Client.

   2. If the Client cannot be reached, the Client agrees that the Lawyer will reply based solely on the content of Question as provided by the Client. The Client understands and agrees that if the Lawyer is unable to confirm the absence of a conflict of interest due to the Client's unresponsiveness, particularly where an opposing party exists, the Lawyer may delay responding until they can effectively confirm the absence of a conflict of interest with the Client.

7. Article 7 INFORMATION PROVIDED BY THE CLIENT

   1. The Client undertakes to provide accurate and truthful personal information. In particular, they undertake to provide their real identity, i.e. their first and last names, postal address and telephone number.

   2. If the Client provides incorrect personal data, they are invited to rectify this data. As long as this data is not accurate, the Client may not claim any right to the performance or delivery of any service purchased on the Website.

   3. Clients who provide incorrect personal data are not entitled to any refund.

8. Article 8 WITHDRAWAL AND REFUND

   The Client may withdraw and request a refund of a service provided that the Client has not already received a reply in the case of a Question or that the Lawyer has not performed the service in the case of a Legal Service. A Voucher may be refunded at the request of the Lawyer or the Client, where applicable with the consent of the Lawyer concerned. Digilegal is available to answer questions the Client may have about refund : [email protected].

9. Article 9 PRICES

   The current prices and services are indicated on the Website. Digilegal reserves the right to change them at any time. The modification of prices does not affect the services acquired by the Client prior to the modification.
   
   For technical reasons, Digilegal only accepts the payment methods indicated on the Website at the time of payment.

10. Article 10 DIGILEGAL SERVICE FEES

    The Digilegal Service Fees amount to CHF 30 (VAT not included) and include the assessment of the Client's needs, the identification of a specialized Lawyer available to answer the Client, the operation of the web application, the technical maintenance of this application and its updates, as well as its continuous development and security.
    
    Digilegal's Service Fees are charged for any purchase of a service on the Website, with the exception of Questions.

11. Article 11 DIGILEGAL'S COMMITMENT

    1. Digilegal is not involved in the processing of Questions or the provision of the Legal Services, its role being limited to connecting Clients and Lawyers and providing customer care and technical maintenance.
       Digilegal considers the Lawyer's skills, specialization, availability and absence of conflict of interest before assigning them a Question or Legal Service. Digilegal assigns Questions and Legal Services with diligence and promptness. The Lawyer is solely responsible for the quality and relevance of the legal advice they provide.

    2. If there is a risk that a deadline is not met, Digilegal will contact the Client to inform them of this and will take such steps as it deems appropriate to ensure that the Client receives a reply as soon as possible.

    3. Not meeting a deadline does not entitle the Client to any refund or compensation.

    4. If two opposing parties in a dispute use Digilegal's services, Digilegal shall ensure that their requests are not assigned to the same Lawyer and shall observe strict confidentiality regarding the existence and content of the services and Clients concerned with respect to those Lawyers. The Client understands and accepts this possibility.

12. Article 12 COMMITMENTS OF THE CLIENT

    1. The Client agrees to use the services offered on the Website in good faith. The Client shall not engage in any abusive and/or unlawful and/or immoral use of the services.

    2. The Client undertakes to keep their personal information up to date in their Account.

13. Article 13 PROHIBITED COMMERCIAL USE

    1. The Client undertakes not to use the services offered on the Website for commercial purposes, in particular not to resell the replies to the Questions they ask, or other Documents obtained. IN CASE OF BREACH OF THIS OBLIGATION, THE CLIENT SHALL PAY TO DIGILEGAL THE SUM OF CHF 10'000.00 AS LIQUIDATED DAMAGES, SHALL RETURN TO DIGILEGAL ANY PROFIT MADE IN CONNECTION WITH THE VIOLATION OF THIS OBLIGATION, SHALL IMMEDIATELY CEASE AND DESIST FROM THE CONCERNED ACTIVITY AND THEIR ACCOUNT SHALL BE IMMEDIATELY TERMINATED. The Client who is guilty of such a breach is no longer entitled to use the Legal Services, hold or use an Account or otherwise obtain replies to Questions from Digilegal.

    2. Should the amount of the liquidated damages of the previous paragraph be held excessive by a court of competent jurisdiction, it is deemed reduced to the maximum amount authorized under the law.

    3. The payment of liquidated damages does not release the Client from their obligation to fully comply with the T&C. Digilegal further reserves the right to enforce any other legal remedy and/or to claim compensation for any other damages incurred in connection with the Client's breach of article 13.

14. Article 14 LAWYER ACCOUNTS

    1. Creating an Account

       Digilegal is free to set the needs of the Website in terms of Lawyers. Any Lawyer interested in becoming a partner may apply for an Account on https://avocat.digilegal.com. Digilegal may accept or decline any application, depending on the Lawyer's specialization and the needs of the Website. The eligibility requirements are indicated in the T&C and on the website https://avocat.digilegal.com.

    2. Conditions of eligibility

       The Lawyer must have a professional liability insurance covering the risks related to the advisory activity on the Website. The Lawyer must be registered with a Swiss cantonal register of lawyers in the meaning of art. 5 and 6 LLCA.

    3. Lawyer's Obligations

       1. The Lawyer shall exercise due diligence in providing advice on the Website. The Lawyer undertakes to respond to each Legal Service or Question that they accept in accordance with the applicable deadlines.
       2. The Lawyer shall maintain strict confidentiality with respect to each Client they advise on the Website. The Lawyer's services provided upon presentation of a Voucher remain subject to the ordinary rules of the legal profession, in particular the attorney-client privilege.
       3. The Lawyer must ensure at all times that they are free from conflict of interest. The Lawyer may seek assistance from Digilegal if they deem it necessary.
       4. The Lawyer understands that some Questions or Legal Services involve an opposing party with respect to whom a conflict of interest may exist. The Lawyer may freely contact the Client by telephone or email, using the information available in the Client's record, to verify the absence of a conflict of interest.

    4. No Warranty

       The creation of an Account does not entitle the Lawyer to any right or promise to receive Questions or Legal Services.

    5. Account termination

       1. To close an Account, the Lawyer uses the "close" feature in their Account. The Lawyer will no longer receive Legal Services or Questions and Digilegal will no longer be able to assign them to the lawyer. The contractual relationship between Digilegal and the Lawyer consequently ends.
       2. The T&C shall continue to apply until the Account is effectively closed; the confidentiality obligations shall survive.

15. Article 15 GENERAL USE OF THE ACCOUNT AND THE WEBSITE

    The User undertakes to use the Website and their Account in accordance with the law. Any abusive and/or unlawful and/or immoral use is prohibited.

16. Article 16 ACCOUNT TERMINATION BY DIGILEGAL

    1. Digilegal reserves the right to close a Client Account at any time, in case of abuse, serious misuse and/or breach of the T&C.

    2. Digilegal may also close an Account at the request of the Account holder.

17. Article 17 WEBSITE MAINTENANCE

    1. Digilegal reserves the right to carry out maintenance of the Website.

    2. During periods of maintenance of the Website, the time limitations do not run.

18. Article 18 PERSONAL DATA

    Users' personal data are processed in accordance with the Privacy Policy, which forms integral part of the T&C.

19. Article 19 LIABILITY

    1. Liability of Users

       1. The User is responsible for any damage resulting from the use of their Account. The User undertakes not to transmit his identification data, i.e. his email and password, to a third party. The User must use his Account in his own name and for his own account; in the case of a legal entity, the Account is used in the name and for the account of the legal entity.
       2. The User shall immediately notify Digilegal by email if they suspect their Account has been compromised and, if necessary, immediately change their password. The User is fully liable for the consequences of any unlawful, improper or unauthorized use of their Account.

    2. Liability of Lawyers

       The Lawyer acts under their sole and exclusive professional liability for the legal advice they provide.

    3. Liability of Digilegal

       Digilegal shall not be liable to the Client for any direct or indirect damage resulting from accessing, consulting or using the Website. Digilegal shall not be liable for the unavailability and/or any technical problems with the Website and/or any inability to provide the services.

20. Article 20 INTELLECTUAL PROPERTY

    1. All existing intellectual property rights, including but not limited to "Digilegal", the Digilegal logo, "your lawyer, your partner" and "votre avocat, votre allié", as well as all of Digilegal's graphics, designs, texts and other creations belong to Digilegal ("the Intellectual Property Rights").

    2. Any use of the Intellectual Property Rights without prior written authorization is prohibited.

    3. Users who submit content protected by intellectual property rights grant Digilegal all necessary licenses free of charge for as long as necessary to provide the services on the Website.

    4. If the User unlawfully uploads content belonging to a third party/parties to the Website, the User is fully liable and will fully compensate and hold Digilegal harmless in the event that such third party seeks liability from Digilegal.

21. Article 21 GENERAL PROVISIONS

    1. The provisions of the T&C and the Privacy Policy reflect the full and exclusive agreement of the parties.

    2. In the event that any provision of the T&C, or any part thereof, is deemed invalid, unlawful, or ineffective under Swiss law, the remainder of the T&C shall remain valid and in force.

    3. The parties to the T&C do not intend to confer any rights or benefits on any third party not party to the T&C, and no third party shall be entitled to rely on the T&C or any of its provisions as a beneficiary thereof.

    4. The rights, duties and obligations under the T&C may not be assigned by either party without the prior written consent of the other party.

    5. Neither party shall be liable to the other for failure to perform its obligations under the T&C during any period in which the performance of such obligations is rendered impracticable or impossible by reason of force majeure, provided that the party suffering from force majeure promptly notifies the other party of such force majeure.

    6. The T&C applicable to the Client for the purchase of one or more services shall be those in force at the time of purchase of such service(s).

    7. Digilegal reserves the right to unilaterally modify the T&C at any time without notice. Users are advised to review the T&C regularly.

22. Article 22 DOCUMENT HIERARCHY

    1. Should a discrepancy arise between the French and the English versions of the T&C, the French version shall prevail.

23. Article 23 APPLICABLE LAW AND JURISDICTION

    1. This agreement shall be governed by Swiss law, to the exclusion of the Private International Law Act.

    2. Any dispute arising out of or in connection with the T&C shall be submitted to the exclusive jurisdiction of the courts of Geneva, Switzerland, without prejudice to an appeal before the Swiss Federal court.