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General terms
Swiss Attorneys Online > General terms
General Terms and Conditions for the use of Swiss Attorneys Online Services

1. Definitions

1.1 “GCU” means these general conditions of use.

1.2 "The platform" refers to the Internet portal www.swiss-attorneys-online.ch and all pages that are attached to this domain.

1.3 "I-Law" means the company I-Law Sàrl, domiciled at route de la Lisière 19, 1972 Anzère and of which the registered office is based in Ayent (VS).

1.4 "Service provider(s)" means the lawyer(s) registered in a cantonal register of lawyers within the meaning of Art. 5 of the Federal Act on the Free Movement of Lawyers of 23 June 2000 (RS 935.61, hereinafter referred to as "LawA") practicing in Switzerland, with which the platform connects the user for the purpose of establishment of a contractual relationship between the service provider and the user.

1.5 "User(s)" means any user of the platform who wishes to establish a contractual relationship with a service provider via the platform.

1.6 “Service request” means any solicitation by a user, via the platform, of a service provider in which the user expresses the willingness to use one of the services offered by the service provider to which the solicitation is addressed. Service requests are treated as offers within the meaning of Art. 3 of the Swiss Code of Obligations (Federal Act supplementing the Swiss Civil Code of 30 March 1911, RS 220, hereinafter referred to as "CO") as part of the contractual relationship between the service provider and the user.

1.7 "Confirmation of take-in-charge" means the message addressed to the user, by the service provider to whom a service request has been sent by the same user, whereby the service provider confirms that he is able to perform the requested service within a time limit. Confirmations of take-in-charge are treated as acceptances of offers within the meaning of Art. 3 CO as part of the contractual relationship between the service provider and the user.

2. Scope of the GCU

The purpose of these GCU is the use by the user of the services provided by I-Law on the online platform.

3. Scope of services and operation of services offered by I-Law

3.1 Via the platform, I-Law provides an online portal through which service providers can offer their business services to users and the latter can use the aforementioned services.

3.2 By processing a service request via the platform, the user engages the service provider in a direct contractual relationship with the service provider to which it has addressed the said service request. Once the user has made a service request, the platform and I-Law act solely as an intermediary between the user and the service provider, transmitting the information provided by the user(s) to the service provider(s) concerned and by collecting invoices issued by service providers on their behalf.

3.3 In order to link the user and the service provider, the information that I-Law communicates is based on the information provided by the service providers. They are therefore given secure access to the platform, through which they have full responsibility to update all their tariffs, areas of speciality, availability and other information displayed on the platform. I-Law will not itself correct, modify, supplement or update the data provided by service providers.

3.4 Once the service request is received by the service provider, the service provider has one working day to send the user an e-mail confirming the take-in-charge.

3.5 The user is bound by his service request, assimilated to an offer within the meaning of Art. 3 CO, during the period provided for in Art. 3.4 GCU. There is no right of withdrawal.

3.6 In the event that the service provider refuses to accept the user's request or fails to reply within the period referred to in Art. 3.4 CGU, I-Law undertakes to propose, at the user's request and as far as possible, another service provider meeting the search criteria provided by the user. If no other service provider that meets the search criteria provided by the user is available, no charge may be applied to the user, who will be reimbursed in full of advance payments, if any, already paid in connection with this service request.

3.7 The contract binding the user to the service provider for the services ordered shall be deemed to have been concluded by sending the take-in-charge confirmation e-mail provided for in Art. 3.4 GCU.

3.8 The platform is in principle available from Monday to Sunday, 24 hours a day. Although I-Law provides its Internet services with the utmost diligence, reliability and availability, it is unable to guarantee that its Internet services are accessible without interruption, that the connection to the servers can always be established or that the data stored in the systems remain memorised in all circumstances.

3.9 The services provided by the service providers are subject to the conditions and according to the availability of each service provider with which the platform connects the user. I-Law in no way meets the obligations of service providers towards users and users towards service providers.

3.10 The service provider may indicate to the user how long he intends to respond to the service request of the user. As far as possible, this information is published for each type of service available on the personal space of the service provider on the platform.

3.11 In the event that the service provider is unable to meet the deadline that might have been notified to the user, directly or via his personal space on the platform, the user is absolutely entitled to terminate the mandate binding him to the service provider.

4. Conclusion, duration and termination of the contractual relationship between the user and I-Law

4.1 The contractual relationship between the user and I-Law, including the acceptance of these GCU, arises from the completion, by the user, of the registration procedure provided for this purpose on the platform.

4.2 The contractual relationship between I-Law and the user is concluded for an indefinite period.

4.3 The platform offers a simple and fast online de-registration procedure. The aforementioned contractual relationships cease following the completion by the user of the aforementioned de-registration procedure.

5. Rights and obligations of the user

5.1 I-Law allows the user to interact with the service provider(s) that best meet(s) the search criteria provided by the user via the platform. The continuation of the relationship between the service provider and the customer is determined by the conditions and availability of the service provider's services.

5.2 The user agrees to pay the amount invoiced by I-Law for its services as well as those of the service providers.

5.3 To this end, the user has the option of choosing the payment method that suits him best among the following:

  • invoice,
  • credit card or
  • other digital means of direct payment.

If the user chooses to pay by invoice, this will be transmitted to him by Swissbilling AG, who has been delegated the tasks of invoicing and collection of invoices. Payment must be made to Swissbilling AG within 14 days of receipt of the invoice.

5.4 I-Law does not charge its services to users.

5.5 In the event of a dispute as to the amount invoiced by the service provider for the latter's services, the user must imperatively appeal to the competent fee retention authority of the lawyers.

6. Other duties of the user

6.1 The user is responsible for creating the technical preconditions for access to the services of the platform. In particular, the provider must have the necessary computer hardware, operating system, Internet connection and navigation software available.

6.2 The use of the platform services also presupposes that the user’s system accepts the cookies transmitted by the platform. It is the responsibility of the user to ensure that the necessary adjustments are made.

6.3 It is also the responsibility of the user to take the necessary measures to protect his own system. This includes, in particular, the security settings of the browsers used, the installation of a firewall, the use of up-to-date computer virus protection software and regular data backup.

6.4 It is still the responsibility of the user to have functional and adequate means of telecommunication in order to be able to communicate with the service provider and to receive any notifications from I-Law concerning the contractual relations with the user or concerning the operation of the platform.

7. Intellectual property

7.1 The user does not acquire any rights in the content of the platform protected by intellectual property law. In addition, the rights of service providers are reserved.

7.2 The platform is only available for private and non-commercial use. In particular, the user cannot resell, use, copy, monitor (for example, through an indexing robot or screen data captures), display, download, reproduce or establish deep links to any content or information, software, and/or products or services available on the platform in connection with any business or commercial or competitive purpose.

8. Modification of GCU

8.1 I-Law reserves the right to periodically re-examine and adapt the GCU at any time. The modifications and additions made to the GCU are communicated to the user by display on the platform and take effect from this moment.

8.2 I-Law assumes no responsibility for any modification by a service provider of the terms of the contractual relationship between the user and the service provider.

9. Protection and processing of data

9.1 The user accepts that the platform collects his personal data, including sensitive personal data, and that it can be processed within existing or future contractual relationships between I-Law and the user and between I -Law and service providers.

9.2 The user authorises I-Law to process personal data, including sensitive personal data, required for billing, customer management and administration of the services offered by the platform, and to transmit this data to the service providers to which the user has made use of.

9.3 The user authorises I-Law to communicate to its partner, Swissbilling AG, the necessary data for the invoicing of the services ordered and the collection of the corresponding amounts.

9.4 Subject to the foregoing, I-Law will not disclose personal information for marketing purposes.

9.5 I-Law assumes no liability of any kind whatsoever, including in relation to the obligations incumbent upon the owners of files within the meaning of Art. 8 of the Data Protection Act, for data processed by service providers or users.

9.6 I-Law has no access to the content of the exchanges between the user and the service provider. The solicitor-client privilege is guaranteed.

10. Guarantee and Liability

10.1 I-Law disclaims all liability for the contractual obligations of service providers towards users and of users towards service providers, or for services rendered in connection therewith. The service providers deliver their services under their own responsibility and the users commit themselves under their own responsibility.

10.2 I-Law shall not be liable for damages resulting from incompatibility between the user's terminals and the system operated by I-Law or the service providers, as well as those resulting from the interruption of the transmission of data by the internet service provider of the user.

10.3 I-Law endeavours to remedy as soon as possible any malfunctions or failures of the platform. I-Law disclaims any liability for damages that the client may incur as a result of the unavailability of its system.

10.4 Finally, I-Law assumes no liability for damages resulting from the communication by service providers or users of inaccurate, incomplete or non-current information. The same applies to a failure to update the information transmitted. No data is verified by I-Law itself.

11. Applicable law and jurisdiction

11.1 Only Swiss law is applicable to the legal relationship between I-Law and the user.

11.2 For any litigation relating to the GCU or the use of the platform, the jurisdiction is that of I-Law headquarters.

12. General provisions

If one or more provisions of these GCU are to be ineffective and/or incomplete or become so, they shall be replaced by one or more legally valid provisions, the content of which is as close as possible to the ineffective and/or incomplete provision(s). The ineffectiveness and/or lack of completeness of a provision does not affect the validity of the other provisions.