General Terms and Conditions of Use – MARTIN LAWYERS ONLINE – MLO / LAWYERS ONLINE
Applicable from 15 September 2024
Preamble
The website Martin Lawyers Online, abbreviated to « MLO », is the exclusive property of Sabrina Martin, Avocat à la Cour (List I), sworn in on 25 April 1996, member of the Luxembourg Bar and practicing at L-8080 Bertrange-Luxembourg, 89, route de Longwy within ETUDE MARTIN – CONDROTTE, Avocats à la Cour.
Maître Sabrina Martin practices law in compliance with the rules of conduct laid down by the amended Legal Profession Act of 10 August 1991 and the rules of the Luxembourg Bar. In this context, Maître Sabrina Martin guarantees users of the platform the independence of her law firm, professional secrecy and the confidentiality of exchanges.
Article 1. Definitions
These General Terms and Conditions of Use and Provision of Services (hereinafter referred to as the “General Terms and Conditions”) comprise the following terminology
1.1. « MLO Platform » (hereinafter also referred to as “the Platform”) means the website www.mlonline.lu (hereinafter referred to as “the Website”), as well as all the webpages affiliated with this Website and interactions available thereon.
1.2. « Law Firm » refers to the law firm of Maître Sabrina Martin, Avocat à la Cour, professionally residing at L-8080 Bertrange-Luxembourg, 89, route de Longwy or any junior associate (“Avocat”) or senior associate (“Avocat à la Cour”) of the Law Firm’s staff.
The Law Firm’s contact details are as follows:
- Telephone: (+352) 46 02 46 1;
- Fax: (+352) 46 16 46;
- Email address: sabrina.martin@barreau.lu
1.3. « Use of the MLO Platform » means, without any distinction, the connection to and browsing on the MLO Platform, the transfer of documents, the interactions and communications of any kind carried out on or via said Platform, the purchase of one or more Service(s) by the Client as well as the Payments made via the MLO Platform.
1.4.« Client » means any natural person using the MLO Platform, whether said person is acting in a personal capacity, in the name of and on behalf of a member of his or her family or a third party, or whether he is acting in the name of and on behalf of a company, an association, an association or any other structure of any kind whatsoever. The Customer also refers to any user of the Internet Site who browses, takes note of and/or purchases a Service offered by the Law Firm.
1.5.« Service(s) » refers, without any particular distinction, to each of the services of a legal nature available on the MLO Platform and provided by a lawyer of the Law Firm.
1.6. « Requested Service » or « Client’s Request » means, without any particular distinction, any request for a Service made by a Client through the MLO Platform.
1.7.« Client File » refers to all the elements, texts, photos, videos and other elements of any nature whatsoever, provided by the Client via the MLO Platform for the Processing of his/ her Request.
1.8.« Task(s) » refers, without any distinction, to all services, legal research and due diligence of any kind required by the Client’s Request.
1.9.« Confirmation of Request » means, depending on the case, the confirmation and Payment of the Order (hereinafter referred to as ‘the Order’) either of the Flat-rate Service requested by the Client or the acceptance of the fee quote set for a Service by Quotation and the Payment of a deposit (advanced fees) fixed by MLO.
1.10.« Processing of the Client’s Request » refers to the actual performance of all the Tasks intended to meet the Client’s Request.
1.11. « MLO Interlocutor » refers to the lawyer of the Law Firm in charge of managing and processing the Client’s Request.
1.12.« Fees » refers to the amount, exclusive of tax, owed and payable by the Client for the Processing of his/her Request.
1.13.« Flat-rate Service » refers to the set of Services for which Fees excluding tax have been fixed beforehand and displayed on the MLO platform.
1.14.« Service by Quotation » refers to all Services for which no rate has been displayed on the MLO Platform and for which the Fees payable will be subject to a prior quotation (hereinafter “the Quotation” or also “Fee Quote”) sent in advance by the Law Firm to the Client.
1.15.« Payment » means the actual settlement in full of the Fees due, plus all applicable taxes.
1.16”Deadline” refers to the period between the date of Confirmation of the Request and the date on which Processing of the Request is completed.
1.17.« Client account » refers to the Client’s secure, dedicated area which allows secure communication with the MLO Interlocutor, the transfer of elements for the Client’s File, as well as the possibility of making a secure Payment. It also refers to the Client's personal area accessible from the Website, after identification using the Client’s login and password.
The use of the singular or plural, masculine or feminine has no effect on the meaning and significance given to each of the terms defined in this article.
Article 2. Acceptance of the General Terms and Conditions by the Client
The Client acknowledges and declares having read and expressly accepted these General Terms and Conditions, without any limitations or reservations.
The General Terms and Conditions shall be deemed accepted by the Client without limitations or reservations each time he/she uses the MLO Platform.
Any partial acceptance, subject to reservations or limitations, of these General Terms and Conditions shall be considered null and void.
The official address of domicile of the Client, or of the third party on whose behalf he/she is acting or the place of the registered office of the company, association, enterprise or any other structure on whose behalf he/she is acting, whether such domicile/registered office is located in the Grand-Duchy of Luxembourg, in another EU Member State or a third country, shall in no way affect the acceptance and application without limitations or reservations of these General Terms and Conditions.
The Client acknowledges and declares having read these General Terms and Conditions and having expressly agreed to and accepted them, by ticking the box provided for this purpose when registering on the MLO Platform or when placing an Order online on the www.mlonline.lu Website. This acceptance can only be full and complete.
Any conditional acceptance shall be considered null and void. The Client hereby waives the right to rely on any contradictory document and its own general terms and conditions of purchase, which shall be unenforceable against the Law Firm, even if it has been made aware of them.
Article 3. Scope and modification of the General Terms and Conditions
These General Terms and Conditions shall apply in extenso to all connections to and Use of the MLO Platform, as well as to all the Services provided via the said Platform.
The Law Firm reserves the right to amend these General Terms and Conditions in whole or in part at any time.
In the event of modification of the General Terms and Conditions, the General Terms and Conditions applicable and enforceable against the Client shall be, depending on the case, those in force on the date of Use of the MLO Platform or those in force at the time of the Client’s Request.
Amendments to the General Terms and Conditions shall enter into force as of the time they are published on the MLO Platform. The Client is therefore requested to consult these General Terms and Conditions regularly and insofar as possible prior to each Use of the MLO Platform.
The French language version shall prevail over the English language version.
Article 4. Object of the MLO Platform
The MLO Platform is an interactive space intended to connect MLO Interlocutors and their Clients to provide the latter with one or more of the Tasks for the Processing of their Request.
Article 5. Procedures for the use and operation of the MLO Platform
5.1. Internet access
The Client is hereby informed and accepts that the Use of the MLO Platform, communications with his/her MLO Interlocutor and receipt of documents for the Processing of his/her Request require an Internet connection.
The Client is also informed and accepts that the quality of the Use of the MLO Platform depends directly on his/her internet connection, for which he/she is solely responsible.
5.2. Registration on the MLO Platform
The transfer of the Client’s Request and File requires prior registration on the MLO Platform using the ad hoc registration form.
The Client shall provide all the required information using the registration form.
The Client guarantees that all the information provided in the registration form is accurate and sincere.
The Client undertakes to update without delay the aforementioned information.
The Client undertakes to update the personal information contained in his/her Client Account in the event of any changes.
The Client is hereby informed and accepts that the information entered for the purposes of creating or updating his/her Client Account shall constitute proof of his/her identity. The information entered by the Client is binding as soon as it has been validated.
5.3. Client Account
Any registration on the MLO Platform implies the creation of a Client Account which allows the Client to manage his use of the Services in a form and according to the technical means that the Law Firm deems most appropriate to provide said Services.
Access to the Client account shall be secured by a username and password chosen by the Client when signing up.
If the password is lost, the Client will have to follow the secure procedure set up on the MLO Platform.
The Client shall be responsible for keeping his/her username and password confidential. In this respect, the Client undertakes to use his/her Client Account personally and not to allow access to it to any third party, unless he/she bears full responsibility for doing so.
The Law Firm shall not be held liable if a Client Account is used by a third party due to lack of discretion on the client’s part or if he/she has disclosed his/her password.
If the Client detects fraudulent use of his/her Client Account, he/she undertakes to contact the Law Firm immediately using the contact details indicated in Article 1.2 of these General Terms and Conditions.
The Law Firm shall not be held liable in the event of late notification of a fraudulent use of a Client account. In the event of proven fraudulent use of a Client Account, the Client authorizes the Law Firm to take all appropriate measures.
5.4. Service Request
Upon registering and creating his/her Client Account, the Client shall select on the MLO Platform the Service(s) he/she wants. The Client may in that capacity select a Flat-rate Service and/or a Service by Quotation.
5.4.1. Flat-rate Service
The sale of a Flat-rate Service to the Client shall be considered definitive once his/her Request and Payment have been validated. It is the Client's responsibility to check the accuracy of his/her Request before validation and Payment, which effectively and definitively conclude the sale.
5.4.2. Service by Quotation
The sale of a Service by Quotation to the Client will only be considered final after the completion of each of the following steps:
- the Client shall select the Service(s) by Quotation he/she wants from among the Services offered on the MLO Platform and shall send all the elements and pertinent documents for the assessment of the Tasks required to process his/her Request;
- A fee quote for the Service requested by the Client shall be drawn up by the Law Firm;
- Said fee quote shall be sent to the Client through his/her Client Account and/or by e-mail within 48 (forty-eight) working hours following the selection of the Service(s) by Quotation.
- The Client shall validate or reject said pre-determined fee quote via his/her Client Account. If the fee quote is confirmed, Payment of the full or partial amount must be made via the Client Account. Once payment has been made, the Client Request shall be deemed confirmed within the meaning of Article 1.9.
Fee quotes drawn up by the Law Firm shall be valid for 30 (thirty) calendar days as of the date on which they were sent to the Client.
Once this period has elapsed, all quotations issued by the Law Firm shall be deemed null and void and may no longer be subject to any acceptance by the Client.
Article 6. Fees
6.1. Fees payable for Flat-rate Services
Flat-rate Services shall be provided to the Client at the Fees in force as indicated on the MLO Platform. The indicated Fees are exclusive of VAT.
6.2. Fees payable for Services by Quotation
Services by Quotation shall be provided to the Client at the Fees indicated in the Fee Quote.
6.3. Revision of Fees
The Fees for Flat-rate Services shall be subject to change at all times at the discretion of the Law Firm, but such revision shall not affect any Orders in progress.
The Law Firm reserves the right to propose promotional offers or reductions of Fees in respect of Flat-rate Services.
Except in the event of additional request(s) or new element(s) that has (have) an impact on the processing of the Client’s Request, the Fees for Services by Quotation are firm and final and not subject to change.
6.4. Currency and taxes
All Fees displayed on the MLO Platform are in € (euros) and exclusive of tax.
All tax due for the Services provided shall be assumed fully and entirely by the Client and shall be added to the amount of Fees payable.
Article 7. Invoicing
Invoices for the Services of the Law Firm shall be issued to the Client upon Confirmation of his Request.
Invoices will be sent via the Client Account.
Article 8. Terms of payment
8.1. Terms of payment
The Fees for the Services offered on the MLO Platform shall be payable in full on the day when the Request is confirmed.
Fees due for Services shall be paid securely in accordance with the procedure put in place in the Client Account.
8.2. Payment Date and start of Tasks
Payments made by the Client will only be considered definitive once the Law Firm has received all the Fees due, all taxes included.
The Client is hereby informed and expressly accepts that any delay or incident in the Payment of all or part of a sum due on its due date shall automatically result in:
- the acceleration of all sums owed by the Client and their immediate payment;
- immediate suspension of Services in progress until full payment of all sums due by the Client;
- the invoicing by the Law Firm of legal late payment interest, based on the amount of all the sums owed by the Platform user.
In addition, the Law Firm reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the provision of the Services ordered by the Client and/or to suspend the performance of its obligations.
Article 9. Provision of Services
The Law Firm undertakes to provide Services and carry out Tasks with due diligence and professionalism.
The Law Firm shall be bound only by an obligation of means in the Processing of the Client’s Request, any obligation of result being expressly excluded, which the Client expressly acknowledges and accepts.
The Client’s Request shall be processed solely on the basis of his/her File submitted on the MLO Platform and on the basis of legal and regulatory texts, case law, and legal doctrine applicable and in force on the date of said Processing of the Request.
In this respect, the Client undertakes in particular to ensure that all the information and elements provided by him/her are accurate and agrees with reality. Once the Client’s Request has been processed, the Law Firm and the MLO Interlocutor shall not be bound by any obligation of information with respect to the Client in the event of changes in legislation, case law and legal doctrine.
Except in the case of a new request, the Law Firm cannot be held responsible for monitoring changes in the Customer's legal situation after the Request has been processed.
Article 10. Time Limits / Client’s Request
The Law Firm undertakes to Process the Customer's Request(s) falling within the category of Flat-Rate Services within 48 (forty-eight) working hours, starting and ending as stipulated in Article 1.16 of these General Terms and Conditions.
In the event of several Client’s Requests each of which falls within the category of Flat-rate Services the aforementioned 48-hours period shall be multiplied by the number of Requests from that Client.
The Law Firm undertakes to process Requests for Services by Quotation within the Time Limit indicated in the Quotation.
Said Time Limits (deadlines) shall nonetheless only constitute obligations of means for the Law Firm.
It is also expressly stated that the processing times for Client Files, in particular legal formalities, may vary significantly from one Client File to another, which the Client expressly acknowledges and accepts.
The Client expressly acknowledges and accepts that the addition of any Request or element to its Client File is likely to increase the Processing Time for its Request.
If the information provided is not sufficient and the Client File does not complete so to carry out the Tasks for the Client’s Request, the Law Firm reserves the right to contact the Client as soon as possible.
Article 11. Liability of the Law Firm
11.1. Loss of data
The Law Firm shall not be held liable in the event of any loss of information and/or data accessible in the Client account. The Client may not claim any compensation in such an event. To avoid any loss of data, the Client must save a copy of any document displayed on his/her Client Account on his/her personal computer.
11.2. Proper operation and accessibility of the MLO Platform
The Law Firm undertakes to regularly check that the MLO Platform is functioning properly and is duly accessible. In this respect, the Law Firm reserves the right to temporarily interrupt access to the MLO Platform for maintenance purposes.
Similarly, the Law Firm shall not be held liable for temporary difficulties or impossibilities in accessing the Website due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunications networks.
The Law Firm does not guarantee the Client that the Services, which are subject to constant research to improve performance and progress, will be totally free of errors, defects or faults.
In any event, the liability that the Law Firm may incur hereunder the present General Terms and Conditions is expressly limited to proven direct damage suffered by the Client.
To assert its rights, the Client must inform the Law Firm, in writing, of the existence of the defects or lack of conformity within a maximum period of ten (10) days from the day of the provision of the Services.
Article 12. Obligations of the Client
Without prejudice to the other obligations incumbent upon him/her by virtue of these General Terms and Conditions, the Client undertakes to comply with the obligations set out below.
12.1. Obligations inherent to the Use of the Platform
The Client undertakes, when using the MLO Platform, to comply with the laws and regulations in force and not to infringe the rights of third parties nor the public order.
The Client also undertakes not to use the MLO Platform for purposes other than those for which said Platform was designed.
It is strictly prohibited for the Client to copy and/or misappropriate the concept, technologies and any other element of the MLO Platform for his own interest or for that of third parties.
The Client shall also refrain from engaging in any conduct likely to interrupt, suspend, slow down, prevent continuity or damage the MLO Platform.
12.2. Obligation of collaboration, cooperation and sincerity
The Client undertakes to provide the Law Firm with all the information and elements necessary for the Processing of his/her Request. He/She also undertakes, insofar as possible, to provide precise answers to any subsequent or subsidiary question put to him/her by the Law Firm for the Processing of his/her Request.
The Client shall moreover undertakes to ensure that said information and all elements in his/her Client File are accurate and sincere.
In more general terms, the Client undertakes to cooperate actively in the very interest of the proper Processing of his/ Request.
The Law Firm and/or the MLO Interlocutor is (are) under no obligation to verify the accuracy and sincerity of the information provided by the Client. The Law Firm declines all responsibility in the event of the Service and/or Processing of the Client's Request proving to be inaccurate because of inaccurate or insincere information provided by the Client.
12.3. Constituent elements of the Client’s File and commitments
The Client undertake to ensure that all the constituent elements of his/her Client File are legal, reflect reality, are compliant with good conduct and the rights of third parties and that they do not infringe any legislative or regulatory provision in force.
The Client also undertakes to ensure that all elements in his/her Client’s File are in no way likely to render the Law Firm civilly or criminally liable.
The Client is solely responsible for the content of any kind (in particular, the name and/or image chosen by the Client to identify him/her on the Website) that he/she disseminates in the context of the Services.
The Client guarantees the Law Firm that he/she has all the rights and authorizations required to distribute this content.
He/she undertakes to ensure that said content is lawful, does not infringe public order, public decency or the rights of third parties, does not contravene any legislative or regulatory provision and, more generally, is in no way likely to give rise to civil or criminal liability on the part of the Law Firm.
It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or to the Website, as well as to the information hosted and/or shared thereon.
The Client's File will be considered complete once all the requested documents have been provided and the identification form has been completed.
12.4. Elements available on the Client Account
The Client shall take all such measures as necessary to safeguard and preserve the information and elements on his/her Client Account that he/she deems necessary.
12.5.By accepting these General Terms and Conditions, the Client, who is qualified as a consumer in accordance with the law applicable to the contract, shall expressly waive any right of withdrawal from the contract.
Article 13. Penalties
If the Client fails to comply with any of the provisions of these General Terms and Conditions or more generally if he/she infringes the laws and regulations in force, the Law Firm reserves the right to take any appropriate measure to:
- suspend or terminate the access to the Services of the Client who has committed or participated in the breach of the Terms and Conditions or infringement of laws and regulations in force;
- delete any content placed online on the Website;
- publish on the Website any information message that the Law Firm deems useful,
- notify any relevant authority,
- take any legal action.
Article 14. Obligations of the Law Firm
14.1. Obligations of confidentiality
The Client is fully aware of the fact that the Law Firm may have access to information, data or confidential elements concerning the Client, members of his/her family, third parties, companies or structures of all sorts linked with the Client, so as to be able to perform Tasks and the Processing of the Client’s Request.
The Client accepts this state of affairs without reservation or limitation. The Law Firm and the MLO Interlocutor undertake to comply with the professional secrecy and discretion incumbent upon them, in accordance with the rules of procedure of the Luxembourg Bar, for all the elements of the Client’s File and the correspondence exchanged.
The Law Firm may correspond, convey documentation and generally communicate with the Client and any third party in connection with the Services electronically (unless the Client expressly requests otherwise on specific matters) and receive such communications from the Client and any third party in such form. The Client acknowledges that the electronic transmission of information by email on the internet or otherwise has inherent risks and that such communications may be lost, delayed, intercepted, corrupted or otherwise altered, rendered incomplete or fail to be delivered. As the electronic transmission of information cannot be guaranteed to be secure or error-free and its confidentiality may be vulnerable to access by unauthorized third parties, neither the Client nor the Law Firm shall have any responsibility or liability to each other on any basis other than bad faith or wilful default in respect of any error, omission, claim or loss arising from or in connection with the electronic communication of information. The Law Firm may utilize digital or other services (hereinafter the “Digital Services”), whether or not offered by third parties which include, amongst others, telecommunication services, software programs, applications to transmit, share or store data digitally or in a cloud or otherwise, internet, e-discovery, automated due diligence or other applications which allow data to be processed, searched, analysed, translated (including with the use of artificial intelligence). As a result, data could be processed on servers or a cloud controlled by third parties. The Law Firm will exercise due care in their selection of these third parties and such digital services. The Law Firm is not liable for any acts and/or omissions of these parties (including their insolvency or default) and for any damage or loss ensuing from the use, unavailability, loss or restricted use of such digital services. The Law Firm also excludes any liability resulting directly or indirectly from (a) any restriction or loss of the ability to use, operate or access computers, the network or the data or (b) any data breach, whether or not as a result from a data leak or a cyberattack. All if and to the extent allowed under applicable laws and regulations.
14.2. Storage of Client’s personal data
With regard to the storage and protection of personal data, the Law Firm declares that it shall respect and act in full compliance with the provisions of the Personal Data Processing Act of 2 August 2002.
In this respect, the Law Firm undertakes to take all such technical measures as reasonable and foreseeable to ensure the protection of the Client’s personal data it may have collected for the Processing of the Client’s Request.
14.3. Anti-money laundering measures
Notwithstanding aforementioned professional secrecy and the obligation of confidentiality referred to above, the regulations relating to the fight against money laundering require lawyers in Luxembourg, and therefore MLO Interlocutors, to obtain a certain amount of information concerning their clients.
In the event of suspicious activities involving money laundering, the financing of terrorism and related criminal offences, lawyers in Luxembourg are required to report the existence of such activities to the competent authorities, without informing their Clients beforehand.
In order to comply with Luxembourg law and to satisfy its identification procedures, the Law Firm needs to obtain evidence, amongst other things, of the identity of: - its Client; - the payor of its invoices (if different from its Client); - persons and entities affiliated to its Client and, if applicable, to the payor of its invoices; - the ultimate beneficial owner(s) (UBOs) of its Client and, if applicable, of the payor of its invoices, i.e., any natural person who ultimately owns or controls the Client, respectively the payor of its invoices, whether by means of shares, voting rights or any other arrangement (e.g., loans), or any natural person for whom a transaction is executed or an activity realized. Please note that for the Law Firm’s own customer due diligence procedure, this includes at least any individual who (directly or indirectly) owns or controls more than ten percent (10%) of the shares or voting rights of the Client, respectively of the payor of the Law Firm’s invoices. By way of accepting the present General Terms and Conditions, the Client declares that his/her/their assets and funds and, if applicable, of the payor of the Law Firm’s invoices, were not derived from and have not been employed in any illegal transaction and that such assets and funds, as well as income thereof, have been and will be reported in accordance with the relevant laws, including tax laws, of all relevant countries.
The Client declares that he/she is aware of the obligation incumbent on the Law Firm and the MLO Interlocutors and accepts it without limitations or reservations. An online form will be completed by the Client for this purpose.
Article 15. Intellectual property
The entire MLO Platform, its structure, infrastructure, its possible interactions, its texts, images, visuals, sounds, videos, logos, trademarks and databases shall be the exclusive property of Maître Sabrina Martin. Any disassembling, decompilation, decryption, extraction, reuse, copying or in general all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior, written consent of Maître Sabrina Martin, are strictly prohibited and may be subject to legal action.
Article 16. Interpretation, applicable law, prior attempt at amicable settlement, competent court
16.1. Language of drafting and interpretation of the General Terms and Conditions
These General Terms and Conditions were drawn up in French and translated into English.
In the event of a discrepancy in interpretation and/or translation between the different versions of the General Terms and Conditions, only the French version will be authentic and take precedence over the English version.
16.2. Applicable law
These General Terms and Conditions and all relations between the Law Firm and the Client resulting from the Use of the MLO Platform are solely and exclusively governed by Luxembourg law.
16.3. Prior attempt at amicable settlement
Any disagreement, any divergence of interpretation or interest and/or any dispute of any nature whatsoever between the Law Firm and its Client must first be submitted to an attempt at an amicable solution/mediation within the Bar.
16.4. Competent jurisdiction
In the absence of an amicable agreement between the Law Firm and its Client, any disagreement, any divergence of interpretation or interest and/or any dispute of any nature whatsoever relating to the interpretation and/or the executionof these General Terms and Conditions as well as any dispute whatsoeverrelating to the Use of the MLO Platform, fall under the sole and exclusive jurisdiction of the courts of the district of and in Luxembourg City,notwithstanding cases of multiple defendantsor recourse in warranty, even with regard emergency, summary or precautionary procedures.