Terms and Conditions for using Legalask Services
These Terms and Conditions form a legally binding agreement between the Company and User.
By accessing the App, the User acknowledges and agrees to accept, be bound by and comply with these Terms and Conditions without modification. The User hereby acknowledges and agrees that these Terms and Conditions apply to the User’s access to and the use of any services through the App. If the User does not agree to be bound by all of these Terms and Conditions or if the User has any enquiries, please contact our customer service manager at (852) 2368 2228.
Definition and Interpretation
- In these terms and conditions, unless the context otherwise requires:
|a)||“App”||means the mobile application “Legalask” operated by the Company, as may be updated by the Company from time to time;|
|b)||“Authorized Person”||means any person who is duly authorized by the User to access and/or use the App for and on behalf of the User in accordance with Clause 2 hereinunder;|
|c)||“Company”||means Yiu & Associates, Solicitors, a law firm in Hong Kong;|
|d)||“Company’s Materials”||means any contents, information, texts, images, photographs, graphics, audios, videos, animations or other materials uploaded or made available by the Company in the App;|
|e)||“Fair Usage”||means the fair usage sets out in Clauses 25-27;|
|f)||“Legalask Services”||mean the Legalask Services mentioned in Clause 10;|
|g)||“Parties”||means the Company and the User;|
|h)||“Qualified Staff”||means practicing solicitors admitted in Hong Kong SAR of the Company;|
|i)||“Retainer”||means the retainer letter entered into between the Company and the User in relation to the provision of legal services, which sets out the fees, terms, conditions, scope and limitations of the legal services to be provided;|
|j)||“Retainer Period”||means the Retainer Period as stated in the Retainer;|
|k)||“Supporting Staff”||means trainee solicitors, legal executives, legal clerks, customer service officer of the Company;|
|l)||“User”||means a corporate entity (including its Authorized Person) who has entered into a Retainer with the Service Provider; and|
|m)||“User’s Materials”||means any contents, information, texts, images, photographs, graphics, audios, videos, animations or other materials uploaded or made available by the User in the App.|
- The User may authorize its staff to access and/or use the Legalask Services for and on behalf of the User (“Authorized Person”), provided that no more than three (3) staff shall be allowed to access and/or use the Legalask Services for and on its behalf during the Retainer Period, unless otherwise agreed between the parties in writing.
- The User will be provided with a log-in password by the Company. The User may share the password to its Authorized Person for the sole purpose of accessing to or using of the Legalask Services. By using the password, the Authorized Person is able to create a User Account for and on behalf of the User. Each User is only allowed to create one (1) User Account.
- The User shall change the password after the first log-in for the security purpose.
- The User shall be responsible for keeping the password confidential and shall not disclose or reveal to or share with any third parties without the prior written consent of the Company.
- The User shall not sell, assign, transfer or share the User Account, its rights to use or access to the User Account to any third parties without prior written consent of the Company. The User shall not allow or permit any third parties to use or access to the User Account without prior written consent of the Company.
- The User shall be liable and responsible for all acts, defaults, omissions, negligence and/or any breach of these terms and conditions by the Authorized Person.
- The Company shall not be liable for any losses or damages suffered by the User if the User Account is accessed to or used by any non-Authorized Person (not due to the act, default omission or negligence on the part of the Company). The User shall take its own security measurement.
- If the User is aware of any unauthorized use of the User Account, it shall notify the Company in writing immediately.
- The “Legalask Services” shall mean and include the following:-
- answering the User’s legal questions on the App;
- receiving instructions from the User on the App;
- sending the Company’s Materials through the App;
- receiving the User’s Materials through the App; and
- providing legal advice through the App
- Legal advice will be rendered by the Qualified Staff only. The User shall only expected to seek legal advice from the Qualified Staff. The Supporting Staff may be assigned to seek instructions from the User or convey messages of the Qualified Staff to the User. No legal advice will be rendered by any Supporting Staff. However, the Supporting Staff is allowed to provide legal information (but not legal advice) to the User from time to time.
- The Company renders legal advice on Hong Kong law only. If the User has any legal issues in relation to any foreign laws, the User shall seek legal advice from the foreign lawyer of the relevant jurisdictions.
- The Company makes no representation, warranty and guarantee to respond to every enquiry from the User or render legal advice on any legal problem raised by the User. The Company shall only respond to enquiry in the areas which are in its expertise.
- The scope of the Legalask Services is strictly limited to the matter agreed upon the Retainer between the User and the Company. In any event, the Legalask Services shall be confined to general corporate and commercial legal matters encountered by the User in usual, normal and reasonable daily operation. The Company will not advise on the matters in relation to Initial Public Offering, the Securities & Futures Ordinance, merger and acquisition, conveyancing, complicated commercial matters, litigation, criminal matter and etc. The Legalask Services do not include revising, amending, revising or advising on any commercial agreements or legal documents.
- The Company does not guarantee an instant response to the User’s requests, enquiries, questions or instructions. The Users’ requests, enquiries, questions and/or instructions will be handled by the Company within reasonable time.
- The User acknowledges and agrees the Company is entitled to charge additional fees for answering enquiries which is beyond the scope of the Retainer or when legal research is required.
- The term for using the Legalask Services shall be the Retainer Period. Legalask Services will be automatically ceased upon the expiration of the Retainer Period without further notice.
Representations, Warranties and Undertakings
- The User hereby represents and warrants to the Company that:-
- the User has the right or is duly authorized to enter into these Terms and Conditions and use the App;
- the User does the User has not been refrained from entering into these Terms and Conditions nor using the App;
- the User does not and will not create a false identity or represent itself as someone else to use the App;
- the User does not enter into these Terms and Conditions or use the App for and on behalf of any third party;
- the User is not a law firm (either in Hong Kong or any other jurisdiction) or any entities, corporates, firms or partners that provide legal service or service in similar nature;
- the User has, directly or indirectly, no interest in any entities, corporates, firms, partners or persons which are in competition to the Company’s business;
- the User will not, directly or indirectly, use the Company’s responses, answers and/or advices rendered through the App for any business purposes, including but not publication, distribution or sale of any tangible or intangible materials containing the Company’s responses, answers and/or advices; and
- the User will not use the App for any immoral or illegal purposes
- The Company does not warrant, represent or guarantee the following:-
- the Company’s Materials or any information and comments provided in the App are true, accurate, update and completed; and
- the App is compatible with the User’s mobile device or computer.
Limitation of Liabilities and Disclaimers
- The App is provided on an “as is,” “where is,” “as available” and “with all faults” basis and, to the fullest extent permitted by law, is provided without warranty of any kind. The Company disclaims all warranties with respect to the App and the Legalask Services, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties regarding quiet enjoyment, quality of information, security, reliability, timeliness, availability of backed-up data and performance of the App and the Legalask Services. The Company does not warrant that the App will meet the User’s requirements and purposes, or that the operation of the App will be uninterrupted or error-free.
- The User acknowledges and agrees that: (a) the Company does not operate or control the internet and that (i) viruses, worms, trojan horses, and other undesirable data or software, or (ii) unauthorized users (e.g., hackers) may attempt to obtain access to and damage User’s data, computers, or networks; (b) the Company will not be responsible for any of the foregoing activities; (c) the User is solely responsible for the security and integrity of its data and systems; and (d) no advice, statement or information obtained in the App will create any warranty not expressly made herein.
- The User hereby acknowledges and agrees that the response time is not of the essence. The speed of responding to the User’s requests, enquiries, questions and/or instructions depends on the User’s selected plan and the complexity of the matter.
- The Company shall not be liable for any loss and damages (including loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by the User arising from or in connection with: (a) the User’s access to or use of the Legalask Services or the App; (b) any decision or action taken by the User in reliance on any content or information in the App; or (c) any error or defect in the App; or (d) any information obtained from the Company’s Materials or through the use of the App; or (e) failure to meet User’s specified deadline or completion date.
- The User hereby acknowledges that both the human resources of the Company are not without limit. In order to ensure all the Users can enjoy the Legal Services, the Company has adopted a Fair Usage Policy.
- The Company’s principles of the “Fair Usage” are to:
- ensure the fair access at Legalask Services for all Users;
- ensure that the quality of Legalask Services is not compromised by unreasonable, extreme or malicious usage; and/or c) ensure the APP is not adversely affected by unreasonable, extreme or malicious usage
- The Company has the absolute right and discretion to suspend or even cease the Legalask Services if the Company considers that the User is violating the above principles of the Fair Usage or is otherwise abusing, making inappropriate or excessive use of the Legalask Services
Ownership and Copyright
- The App, together with the Company’s Materials, the Legalask Services, the name “Legalask”, trademarks and logos or other formatives or derivatives thereof in relation to the App and the Legalask Services are exclusively owned by the Company. The Company has the exclusive right to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit all the Company’s Materials.
- The User shall indemnify and hold harmless the Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, service providers, subsidiaries, and affiliates from and against any and all claims, losses, expenses or demand of liabilities, including attorneys’, investigators’, and experts’ (or similar) fees, disbursements and costs incurred, in connection with (i) the User’s use of any Legalask Services or (ii) the User’s violation of these Terms and Conditions.
- The Company may terminate or suspend the User’s access to or use of the App if the User breaches any provision of these Terms and Conditions.
- The Company may change, suspend or discontinue any aspect or feature of the Legalask Services, the App and the settings of the User’s Account at any time without any prior notice.
Third Party Links
- The User hereby acknowledges that the App may contain links and pointers to other World Wide Web sites, resources, and advertisers of the App. Links to and from the App to other mobile applications or sites, are maintained by third parties and do not constitute an endorsement by the Company. The Company is not responsible for the availability of these third-party resources, or their contents. The Company has not reviewed any or all of the mobile applications or sites linked to the App and is not responsible for the content of any third-party pages or any other mobile applications or sites linked to the App. The User’s linking to other third-party sites is at its own risk. By clicking on any such link, the User acknowledges that the Company has no control over and makes no representations of any kind with respect to, such other mobile applications, sites or any content contained within such other mobile applications or sites, and the User hereby revokes any claim against the Company with respect to such other sites. The User should direct any concerns regarding any external link to its mobile application or site administrator or webmaster
- These Terms and Conditions embody all the terms and conditions agreed upon between the Parties as to the subject matter of the Terms and Conditions and supersedes and cancels in all respects all previous correspondence, understandings and agreements between the Parties with respect to the subject matter hereof, whether such be written or oral.
- The failure of any party hereto at any time to require performance or observance by any other party of any provision of these Terms and Conditions shall in no way affect the right of such first party to require performance of this provision and any waiver by any party of any breach of any provision of these Terms and Conditions shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself or a waiver of any right under these Terms and Conditions.
- If any of the provisions in these Terms and Conditions are deemed invalid, illegal, prohibited, void, or for any reason is unenforceable, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
- The Contracts (Rights of Third Parties) Ordinance (Cap. 623) shall not apply to these Terms and Conditions and unless specifically herein provided no person other than the parties to these terms and conditions shall have any rights under it nor shall it be enforceable by any person other than the parties to it. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation and/or settlement under or relating to these Terms and Conditions are not subject to the consent of any third party.
- Unless specified otherwise herein, all notices must be in writing and addressed to the other party’s email address. The notice will be deemed given when verified by automated receipt or electronics lots.
- These Terms and Conditions are governed by and shall be construed in all respects in accordance with the laws of Hong Kong and all the Parties hereto hereby submit to the exclusive jurisdiction of the Hong Kong courts in connection with any matters arising hereunder.
- The User hereby acknowledges and agrees that the Company shall have the right to amend or modify these Terms and Conditions from time to time. Any changes will be reflected by an update of these Terms and Conditions. The Company shall send the User notification in respect thereof by way of emails messages/notice on the App.
- If the User does not agree and accept the revised these Terms and Conditions, the User shall stop using the App.
- These Terms and Conditions are effective from 1st January 2019.