General Terms and Conditions of Use – MARTIN LAWYERS ONLINE – MLO

Applicable on 24 November 2017

Recital

The website Martin Lawyers Online, abbreviated as « MLO », is the exclusive property of Sabrina Martin, LLM, barrister (List I), sworn on 25 April 1996, member of the Luxembourg Bar, who practices law in the law firm of Martin Avocats, 28 Boulevard Grande-Duchesse Charlotte, L-1330 Luxembourg.
Mrs 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 procedure of the Council of the Luxembourg Bar. In that connection, Mrs Sabrina Martin guarantees the users of the platform the independence of her firm, professional secrecy and confidentiality of discussions.

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 terms:
1.1. « MLO Platform » means the website www.mlonline.lu, as well as all the webpages affiliated with this website and interactions available thereon.
1.2. « Étude MARTIN » refers to the law firm of Mrs Sabrina Martin or “Martins Avocats,” 28 Boulevard Grande-Duchesse Charlotte, L-1330 Luxembourg.
The particulars of Etude Martin are as follows:
- Telephone: (+352) 26 38 35 71 ;
- Fax: (+352) 26 38 35 72 ;
1.3. « Use of the MLO Platform » means, without any particular distinction, the connection to and browsing on the MLO Platform, the transfer of documents, the interactions and communications of all types carried out on or via said Platform, the purchase of one or more Services by the Client as well as the Payments made via the MLO Platform.
1.4. « Client » means any natural person who uses the MLO Platform, whether said person acts in a personal capacity, in the name and for the account of a member of his or her family or a third party, or in the name and for the account of a company, an association, an undertaking or any other structure whatsoever.
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 from Etude Martin.
1.6. « Requested Service » or « Client’s Request » means, without any particular distinction, any request for service from a Client through the MLO Platform.
1.7. « Client file » means all the elements, texts, photos, videos and other elements whatsoever, provided by the Client via the MLO Platform for the Processing of his/ her Request.
1.8. « Task(s) » refers, without any particular distinction, to all services, legal research and due diligence of all sorts required by the Client.
1.9. « Confirmation of request » refers, depending on the case, to the confirmation and the Payment for the Flat-rate Service requested by the Client or the acceptance of the Quotation and Payment of an advance (provision on 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 from Etude Martin in charge of managing and processing the Client’s Request.
1.12. « Fees » refers to the amount, exclusive of tax, payable by the Client for the Processing of his or her Request.
1.13. « Flat-rate service » refers to the set of Services for which Fees exclusive of tax were fixed beforehand and posted on the MLO platform.
1.14. « Service by quotation » refers to all services for which no rate is indicated on the MLO Platform, where the fees will be the subject of a prior quotation by Etude Martin for the Client.
1.15. « Payment » shall refer to the actual, full settlement of Fees payable, plus all applicable taxes.
1.16. « Lead time » refers to the period between the date on which the Request was confirmed and the end of processing thereof.
1.17. « Client account » refers to the Client’s personal, secure space used in particular for secure communication with his or her MLO interlocutor, the transfer of elements for the Client’s File, as well as the possibility to make a secure Payment.
The use of the singular or plural, masculine or feminine shall be of no consequence for the sense and meaning 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 that s/he has become cognizant of and expressly accepts these General Terms and Conditions, without limits or reservations.
The General Terms and Conditions shall be deemed accepted by the Client without limitations or reservations each time s/he 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 for service of the Client, or of the third party on whose behalf s/he acts or the registered office of the company, association, undertaking or any other structure on whose behalf s/he acts, whether said official address for service/registered office is situated in the Grand-Duchy of Luxembourg, in another EU Member State or a third country, shall in no way affect the acceptance and application of these General Terms and Conditions without limits or reservations.

Article 3. Scope and amendment of the General Terms and Conditions

These General Terms and Conditions shall apply in extenso to all connections and Use of the MLO Platform, as well as to all the Services provided via said Platform.
Etude Martin reserves the right to amend these General Terms and Conditions in whole or in part at all times.
If the General Terms and Conditions are amended, the applicable General Terms and Conditions which may be relied upon for the Client shall, depending on the case, be 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 posted 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.

Article 4. Object of the MLO Platform

The MLO Platform is an interactive space intended to connect MLO Interlocutors and their Clients so as 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 has been informed and accepts that the Use of the MLO Platform, communications with his MLO Interlocutor and receipt of documents for the Processing of his or her Request require an Internet connection.
The Client has also been informed and accepts that the quality of the Use of the MLO Platform depends directly on his or her Internet connection, for which s/he 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 correct and sincere.
The client undertakes to update without delay the aforementioned information concerning him or her if it should become necessary and/or relevant.

5.3. Client account

Every registration on the MLO Platform shall entail the creation of a Client account. 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 put in place on the MLO Platform.
The Client shall be responsible for keeping his or her username and password confidential. In that respect, the Client undertakes to use his or her account personally and not to allow access to any third party, unless s/he assumes full responsibility.
Etude Martin 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 s/he disclosed his or her password.

If the Client detects fraudulent use of his or her account, s/he shall contact Etude Martin immediately using the particulars indicated in Article 1.2 of these General Terms and Conditions.
Etude Martin shall not be held liable if it is informed late about a fraudulent use of a Client account.
If his or her account is used fraudulently, the Client shall authorize Etude Martin to take all appropriate measures.

5.4. Service request

Upon registering and creating his or her Client Account, the Client shall select on the MLO Platform the Service(s) s/he 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 final once his or her Request and Payment have been confirmed.
It shall be incumbent upon the Client to verify the accuracy of his or her Request before confirmation and Payment which shall be tantamount to the effective and final conclusion of the sale.

5.4.2. Service by quotation

The sale of a Service by quotation to the Client shall be considered final only upon the accomplishment of each of the following steps:
- The Client shall select the Service(s) by quotation he wants from 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 or her request;
- A quotation for the Service requested by the Client shall be drawn up by Etude Martin;
- Said quotation shall be sent to the Client through his or 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 confirm or refuse said quotation through his or her Client account. If the quotation is confirmed, Payment must be made via the Client account. Once payment is made, the request shall be deemed confirmed within the meaning of Article 1.9.
The quotations by Etude Martin shall be valid for 30 (thirty) calendar days as of the date they were sent to the Client.
After this period, a quotation of Etude Martin shall be deemed null and void and not subject to acceptance by the Client any longer.

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 Quotation.

6.3. Revision of Fees

The Fees for Flat-rate services shall be subject to change at all times at the discretion of Etude Martin.
Etude Martin reserves the right to proceed to promotional offers or reductions of Fees for 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 posted on the MLO Platform are in € (euros), exclusive of tax.
Any and 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 Etude Martin shall be issued to the Client upon Confirmation of his Request.
Invoices shall be transmitted through the Client account.

Article 8. Conditions of payment

8.1. Payment procedures

The amount of Fees for the Services offered on the MLO Platform shall be payable in cash in full on the day 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. Date of payment and start of Tasks

Payments made by the Client shall be considered final only after all the fees payable, plus all taxes, have been collected by Etude Martin.
The Client expressly accepts that the MLO Interlocutor will proceed to no Task before final Payment in full of the amount of the Fees due.

Article 9. Provision of services

Etude Martin undertakes to provide Services and carry out Tasks with due diligence and professionalism.
Etude Martin shall be bound only by an obligation of means in the Processing of the Client’s request, any obligation of result being expressly excluded.
The Client’s request shall be processed solely on the basis of his or 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.
In this respect, the Client shall ensure that all information and elements s/he provides are accurate and provide a faithful picture of the actual situation.
Once the Client’s request has been processed, Etude Martin 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, Etude Martin shall not be required to follow up developments in the Client’s legal situation after the processing of his or her Request.

Article 10. Lead times for the processing of the Client’s request

Etude Martin shall process the Client’s request(s) for 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 Requests for each for Flat-rate services, the aforementioned 48-hour period shall be multiplied by the number of requests from that Client.
Etude Martin shall process Requests for Services by quotation within the Lead time indicated in the Quotation.
Said Lead times shall nonetheless constitute obligations of means for Etude Martin.
The Client acknowledges and expressly accepts that any Requests or elements added to his or her File are likely to lengthen the Lead time for Processing his or her Request.
If the information provided is not sufficient and the File not complete so to carry out the Tasks for the Client’s request, Etude Martin reserves the right to contact the Client as promptly as possible.

Article 11. Liability of Etude Martin

11.1. Loss of data

Etude Martin shall not be held liable in the event of any loss of information and/or data accessible in his or her Client account.
The Client shall not be entitled to any damages in such a case.
To avoid any loss of data, the Client must keep a copy on his or her computer of all documents posted on his or her Client account.

11.2. Proper functioning and accessibility of the MLO Platform

Etude Martin undertakes to check regularly that the MLO Platform is functioning properly and is duly accessible.
In this respect, Etude Martin reserves the right to interrupt access to the MLO Platform temporarily for maintenance reasons.

Article 12. Obligations of the Client

Without prejudice to the other obligations incumbent upon him or her by virtue of these General Terms and Conditions, the Client undertakes to comply with the obligations indicated below.

12.1. Obligations inherent to the use of the Platform

The Client undertakes to comply with the laws and regulations in force for the use of the MLO Platform and not to affect 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 to use for his own interest and that of third parties, the design, technologies or any other element of the MLO Platform. The Client shall refrain from 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 Etude Martin with all the information and elements necessary for the Processing of his or her Request. S/he shall also, insofar as possible, provide precise answers to any subsequent or subsidiary question put to him or her by Etude Martin for the Processing of his or her Request.
The Client shall moreover ensure that said information and all elements in his 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 or her Request.
Etude Martin and/or the MLO interlocutor shall not be in any way required to verify the accuracy and sincerity of the information provided by the Client.
Etude Martin shall not be held liable if the Service and/or the Processing of the Client’s request went awry due to inaccurate or insincere information provided by the Client.

12.3. Constituent elements of the Client’s File and commitments

The Client shall ensure that all the constituent elements of his or her 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 shall also ensure that all elements in his or her File are in no way likely to render Etude Martin civilly or criminally liable.
The Client’s file shall be considered complete as soon as all the documents requested have been provided.

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 or her Client account that s/he deems necessary.
12.5. By adhering to said General Terms and Conditions, the Client, considered a consumer in accordance with the law applicable to the contract, shall expressly waive any right of withdrawal.

Article 13. Penalties

If the Client fails to comply with any of the provisions of these General Terms and Conditions or more generally if s/he infringes the laws and regulations in force, Etude Martin reserves the right to take any appropriate measure.

Article 14. Obligations of Etude Martin

14.1. Obligations of confidentiality

The Client is fully aware of the fact that Etude Martin may have access to information, data or confidential elements concerning the Client, members of his or 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.
Etude Martin 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.

14.2. Storage of Client’s personal data

As regards the storage and protection of personal data, Etude Martin declares that it shall respect and act in full compliance with the provisions of the Personal Data Processing Act of 2 August 2002.
In that respect, Etude Martin undertakes to take all such technical measures as reasonable and foreseeable to ensure the protection of the Client’s personal data it has collected for the Processing of the latter’s Request.

14.3. System for the fight against money laundering

The aforementioned professional secrecy and obligation of confidentiality notwithstanding, the regulations for the fight against money laundering require lawyers in Luxembourg, and therefore the MLO interlocutors, to obtain a certain amount of information concerning their clients.
In the event of suspect activities involving money laundering, the financing of terrorism and related criminal offences, lawyers in Luxembourg are required to inform the competent authorities of the existence of such activities, without informing their Clients beforehand.
The Client declares that s/he has become cognizant of said obligation incumbent upon Etude Martin and the MLO interlocutors and accepts it without limitations or reservations.

Article 15. Intellectual property

The entire MLO Platform, its structure, infrastructure, possible interactions, texts, images, visuals, sounds, videos, logos, trademarks, and databases shall be the exclusive property of Mrs Sabrina Martin.
Any disassembling, decompilation, decrypting, extracting, re-using, copying or in general all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the prior, written consent of Mrs Sabrina Martin, are strictly prohibited and may be subject to prosecution.

Article 16. Interpretation, applicable law, prior attempt at amicable settlement, competent court

16.1. Language for drafting and interpreting the General Terms and Conditions

These General Terms and Conditions were drawn up in French and translated into English.
In case of differences in the interpretation and/or translation between the different versions of the General Terms and Conditions, only the French version shall be valid and take precedence over the English version.

16.2. Applicable law

These General Terms and Conditions and all relations between Etude Martin and the Client resulting from the Use of the MLO Platform shall be governed solely and exclusively by Luxembourgish law.

16.3. Prior attempt for an amicable settlement

Any disagreement, difference in interpretation or interest and/or any litigation whatsoever between Etude Martin and its Client must first be subjected to an attempt at an amicable solution.

16.4. Competent court

If an amicable settlement cannot be reached between Etude Martin and its Client, any disagreement, difference in interpretation or interest and/or any litigation whatsoever relating to the interpretation and/or performance of these General Terms and Conditions as well as any litigation relating to the use of the MLO Platform, shall be referred solely and exclusively to the district courts of the City of Luxembourg, notwithstanding any plurality of defenders or recourse in warranty, even in the case of summary, interlocutory or preventive proceedings.