Terms of Use
These Terms of Use (hereinafter, “the Terms of Use”) govern the access and use of the website accessible through the domain name https://usa.elabogado.com/ and its subdomains (hereinafter, “the Website”), as well as the contracting and/or use of the services offered through the same (hereinafter, “the Services” or “the Service”). Simple access to the Website confers the status of User of the same. In the event of not agreeing to these Terms of Use, the User must immediately leave the Website without using it.
By accepting these Terms of Use the User declares:
- That he/she has read, understands and accepts the above.
- That, in the event that he/she intends to contract any Service, he/she has sufficient capacity to do so.
- That, in the event of acting on behalf of a legal entity, he/she has sufficient power of representation in force to do so.
- That he/she is of legal age
1. Definitions
For the purposes of these Terms of Use, the following terms have the meanings set out below:
- Lawyer User: Refers to the lawyer who registers on the Website and contracts and/or uses any of the Services specifically aimed at these professionals.
- Client User: Refers to the person who needs to contact a specialised lawyer to handle their case and, therefore, uses the Services.
- User: Refers indistinctly to Lawyer User and Client User.
2. General Website information
General information about the Website is given below:
The Services offered by elAbogado to the User Lawyer may only be contracted and/or used for a purpose related to his commercial activity, business, trade or profession
All Services offered by elAbogado to the User Client are free of charge for the User Client. Furthermore, elAbogado shall only process the personal data provided by the User in order to be able to provide the Services and/or to comply with the legal requirements to which elAbogado is subject.
3. Access to the Website
Simple access to the Website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.
4. Rules of conduct in the use of the Website and the Services
Without prejudice to the specific rules of use which, where applicable, may be applicable to a particular Service, the User undertakes to:
- Use the Website and all its content, as well as the Services, in accordance with the provisions of the law, morality, public order and these Terms of Use, refraining from damaging, disabling, overloading and/or deteriorating the Website and the Services or preventing the normal use or enjoyment of these by other Users.
- To make appropriate use of the Website and/or the Services and not to use them for illicit or criminal activities; which infringe the rights of third parties and/or which infringe the regulations on intellectual and industrial property or any other rules of the applicable legal system.
- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic or terrorist nature or that violates human rights.
- Not to introduce or disseminate through the Website and/or the Services data programmes (viruses and harmful software) that may cause damage to the computer systems of elAbogado, its suppliers or other Users.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognised in the constitution and in international treaties.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
- Not to transmit unsolicited or unauthorised advertising.
- Not to introduce or disseminate any false, ambiguous or inaccurate information and/or content in such a way as to mislead its recipients.
- Not to impersonate other Users on the Website and/or the Services.
5. Content and services linked through the Website
The Website may contain technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter “Linked Sites”). In these cases, elAbogado shall only be liable for the content and services provided on the Linked Sites to the extent that it has actual knowledge of their unlawfulness and has not deactivated the link to them with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he/she may notify elAbogado.
In no case shall the existence of Linked Sites presuppose the formalisation of agreements between elAbogado and those responsible for or owners of the same, nor the recommendation or promotion of the Linked Sites and/or their contents by elAbogado. Unless expressly stated otherwise on the Website, elAbogado is not aware of the contents and services of the Linked Sites and, therefore, shall not be liable for any damages that these may cause to the User or any third party.
6. Intellectual and industrial property
All the contents of the Website and the Services, which are understood to include, but not limited to, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of elAbogado or of third party licensors, and none of the exploitation rights recognised by current legislation on intellectual property on the same may be understood to have been ceded to the User.
The User represents that he/she is the sole author, or lawful licensee, of all photographs, images, videos, text and/or comments (hereinafter, “User Content”) that he/she publishes or submits for publication on the Website or the Services, guaranteeing that the use of the same on the Website or the Services does not infringe the rights of any third party. The User grants elAbogado a free, non-exclusive, worldwide license to use such User Content to the extent and for as long as necessary to provide the Services requested by the User.
The trademarks, trade names and other distinctive signs published on the Website or the Services are owned by elAbogado or by third party licensors and / or licensors, without any rights over them being transferred to the User.
Some of the logos included on the Website, such as the Glyphicons PRO library, are licensed by Glyphicons.com.
7. elAbogado Pay
Service for the Lawyer User that allows him to create invoices addressed to his clients, send them and manage their collection. In order to offer this Service, elAbogado integrates the Stripe Connect solution, from the provider Stripe.
The use of this Service implies the need for the Lawyer User to also formalise, during the activation process of the Service, a direct contractual relationship with Stripe subject to the terms and conditions contained in his Connected Account Agreement.
In the event that elAbogado detects any fraudulent or illicit use of the Service, it may notify Stripe so that it can take the appropriate measures.
To activate this Service, the Lawyer User must log into his/her account on the Website and, in the option “elAbogado Payment”, complete the registration process.
The price that the Lawyer User must pay for the use of this Service can be consulted in the elAbogado Pay section of the Website.
8. Functioning of the Services
8.1 Functioning
Information available on the following page on How works.
The Website provides Users with a platform consisting of a directory of lawyers that puts Client Users who need legal advice in contact with Lawyer Users who provide such legal services. The platform works as follows: registering on the platform is free, so that simply by being on the platform the Lawyer User can be contacted by User Clients, and vice versa. However, the Lawyer User can activate the payment per potential client (hereinafter, “Campaign”), which means having many more possibilities of receiving User Clients as the Lawyers User profile is better positioned compared to other Lawyers Users who also use the platform. In this case, the Lawyer User shall pay for each verified Client User that he/she receives (payment per lead contact), at the price that has been established for each practice area.
Campaigns are configured by each Lawyer User through their personal panel. This is an advertising payment with a fixed fee per lead contact, with the budget limit that is set.
The number of contacts received by each Lawyer User with an active Campaign will be determined by different factors, related by means of an algorithm, such as: the speed with which the Lawyer User deals with the queries, the proximity of his office to the location selected by the Client User, the quality of the information contained in his profile, the opinions and evaluations received by the Lawyer User from the Clients Users and the price set for each potential client in his Campaign.
The prices of the services offered on the Website do not include, unless expressly stated otherwise, Value Added Tax (VAT) or other taxes that may be applicable and, in any case, are expressed in Euro currency.
The methods of payment accepted for Lawyer Users are direct debit with the account number or credit card that they indicate in their personal panel.
8.2 Password
The Lawyer User is responsible at all times for the safekeeping of his or her personal panel password, and consequently assumes any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and/or the use of the Services and contents of the Web Site carried out under your password shall be deemed to have been carried out by the Lawyer User.
8.3 Correction and identification of data entry errors
When the Lawyer User wishes to register on the platform and forgets to correctly fill in any of the information indicated as obligatory on the corresponding form, he/she will not be able to progress in the contracting or validation process until this information has been filled in. A message on the screen will warn you of this circumstance.
The Lawyer User may modify and/or update the data provided during the registration process at any time, before its completion, by going back to the desired step, as well as in the personal panel.
9. Professional conduct of lawyers
Professional conduct of lawyers Lawyer users who participate in this Website and/or Services agree to comply with the Rules or Codes of Professional Conduct in force in the jurisdictions where they practice. elAbogado is not responsible for any violations of these Rules or Codes by lawyer users.
10. Suggestions, complaints and requests for information
The User may address their suggestions, complaints and/or requests for information to elAbogado, using any of the methods indicated HERE.
11. Invalidity and ineffectiveness of clauses
If any provision of these Terms of Use is declared wholly or partially invalid or unenforceable, such invalidity or unenforceability shall only affect such provision or the part thereof that is invalid or unenforceable, and these Terms of Use shall otherwise survive and such provision shall be deemed not to be included in whole or in part.
12. Applicable law and competent jurisdiction
These Terms of Use shall be governed by and construed in accordance with Spanish law.
The User and elAbogado agree to submit any dispute arising from the use of the Website, or the contracting and/or use of the Services, to the Courts and Tribunals of Barcelona, expressly waiving any other jurisdiction to which they may be entitled.