1. IDENTIFICATION OF THE PARTIES
These General Conditions of Use are established by “Lusa Legal” which is the commercial name of the company Emigrante Consulting, SL with NIF: B66902776 and located in Paseo de Gracia 8-10 3rd 2nd of Barcelona (08007). Lusa legal owns, among others, the domain names and Web sites located in the http://lusalegal.es address (hereinafter, the “Web”).
On the other hand, these General Conditions of Use are accepted by the user, client, subscriber or visitor of the Web (hereinafter, the “Client”). It will be understood that by the mere use or visit of the Web or the contracting of legal services through the Web, the Client recognizes and accepts the application of these General Conditions, as amended by Lusa Legal at any time.
Lusa Legal declines any responsibility for the consequences that may arise from the use of the contents and services included in the Website in violation of the provisions of these General Conditions of Use.
2. LEGAL GUIDE
The Legal Guide of the Web contains legal principles, advice and general recommendations but does not offer specific advice for specific situations. The laws change and the way to interpret them also, so the Client must seek the specific legal advice of a lawyer before taking concrete actions, in view of the circumstances of each case.
Lusa Legal frequently reviews the contents of the Legal Guide and tries to elaborate a reliable and updated legal information; However, it declines all responsibility for possible errors that could be seen regarding official or legal documents, lacking those contents of official value.
3. AGREEMEN THROUGH THIS WEB
Lusa Legal has established the following general contracting conditions for the legal services offered in the ‘Contract a Lawyer’ section of the Website (hereinafter, the “Legal Services”).
The hiring of the Legal Services implies the full and unreserved acceptance of each and every one of the following general contracting conditions, in addition to those stipulated in the corresponding sheet for each Legal Service.
Object. The purpose of these General Conditions is the leasing of Legal Services in exchange for fees set by Lusa Legal, prepaid by the Client, and effectively rendered by a lawyer of the Lusa Legal team (hereinafter, the “Lawyer”).
Ability to contract. In accordance with the applicable legislation, in order to acquire the Legal Services, the Client must have the necessary legal capacity to contract that establishes the law of the country of which he / she is a national. In Spain that age will be 18 years. If the Client acts on behalf of a legal entity, by accepting these General Conditions, he / she declares to have the appropriate powers of representation.
Description of Legal Services. The fees, concepts included and excluded, and the specific conditions of provision of the Legal Services are detailed in each corresponding descriptive sheet included in the section ‘Hire a Lawyer’.
Lusa Legal reserves the right to unilaterally modify at any time and without prior notice, the presentation, configuration and content of the Legal Services, as well as their contracting conditions, without this modification being able to retroactively affect the contracts already concluded.
Fees and distribution of responsibility. The fees corresponding to each Legal Service will be those expressed in the corresponding file of the website. Its amount is closed, includes all applicable taxes and is prefixed by Lusa Legal
The Legal Services hired by the Client will be provided by a Lawyer of the Lusa Legal team, or by external collaborating Lawyers. The latter will be carried out by virtue of the corresponding legal collaboration agreements signed in accordance with article 15.a) of the Code of Ethics of Spanish Law. The relationship between Lusa Legal and the collaborating lawyer is of a civil nature, and this is not a worker, agent or representative of Lusa Legal
Although the Client will pay the entire fees to Lusa Legal, its amount will cover two different functions:
The effective direction of the matter, in charge of the Attorney, for which he will personally assume exclusively the deontological, civil and any other obligations and responsibilities deriving from the effective direction.
The administrative, advertising, marketing, technology and customer service function, handled by Lusa Legal, which does not affect the attorney-client relationship or the effective management of the matter. Therefore, Lusa Legal (and its administrators, employees and agents) is exempt from the deontological, civil and all other obligations and responsibilities deriving from the effective direction. Lusa Legal declines all responsibility for the professional performance of the Attorney in the field of the effective direction of each matter, a responsibility that can only be demanded directly from the corresponding Lawyer.
Way to pay. The Client will pay the fees by any of the methods indicated in the payment form.
The fraudulent use of credit cards, or the denial of the operation of collection for any reason, will entitle Emigrant to rescind the hiring of the acquired Legal Service, without prejudice to the corresponding civil and criminal liabilities.
Lusa Legal undertakes to apply its Security and Data Protection Policy at all times, in its wording stipulated on the Web.
Way to contract. To contract an online Legal Service, the Customer must fill out the required fields of the corresponding form interactively, write an email or call by phone, and in these last two cases, receive a confirmation email with the matter interested.
The invoice for the contracted services If the Client wishes that Lusa Legal sends him by ordinary mail the invoice corresponding to the contracted Service, he must do so, if necessary, by explicitly marking the corresponding option in the contract form. In case you do not check this option, it will be presumed that the Customer prefers to receive this invoice by email.
Lusa Legal reserves the right not to accept the completed contract forms with spelling or arithmetic errors or erroneous or false data.
The lawyer is obliged to act in all cases in strict compliance with ethical standards (especially those relating to conflict of interest and professional secrecy) and with the utmost diligence in providing the Legal Services contracted by the Client, and exclusively in the areas of law for which you have the appropriate experience and training.
Likewise, the Attorney is prohibited from receiving any amount from the Client in the case of a Legal Service contracted by the Client through the Web. For the direct collection of professional fees derived from tasks not strictly included in the aforementioned Legal Service but related to it, the lawyer must have the authorization of Lusa Legal.
On the other hand, the Lawyer is obliged to provide the Client, in relation to his case, the information required, verbal or written, in accordance with the provisions of current regulations.
Cancellations by the Client. After the hiring and payment of the Legal Service, the Client may cancel the contract within a period of 48 working hours, with or without justified cause, without any type of penalty, as long as the Legal Service has not already been provided by the attorney.
In this case, Lusa Legal will return to the Client the amount that would have been paid by the Legal Service contracted through a bank transfer or check within a maximum period of 10 business days.
Cancellations and changes by Emigrant. In the event that Lusa Legal says that the Legal Service contracted by the Client is not appropriate to the circumstances of the case, Lusa Legal will give the option to the Client to ask for an alternative Legal Service, or cancel the contract without any charge. In the event that Lusa Legal determines that the claim that the Client wants to assert is unsustainable, Lusa Legal will cancel the contract and will refund the Client the fees paid within a maximum period of 10 business days.
Legal terms. In the event that any judicial or administrative authority has granted the Client a deadline to submit briefs, perform procedural or administrative proceedings, or that the Client is subject to a period of limitation or expiration, the Customer must contract the Legal Service with due notice and communicate the existence of the said term to the lawyer designated by Emigrant. The lawyer will determine if there is time to meet the stated deadline in his first personal interview with the client, and if not, the hiring of the legal service will be canceled without charge and the fees paid by the client will be returned to it.
Validity of the contract. As it is an electronic contract, the signing of this contract will be replaced by the acceptance of these general conditions made as explained in the previous paragraph.
Lusa Legal makes the following information available to the Client:
- The procedures that must be followed to conclude the contract are those indicated in the successive steps of each purchase form.
- No electronic document is generated in which the contract is formalized, and therefore it is not archived or accessible. Prior to the provision of the service, Lusa Legal or the designated lawyer of one party, and the Client of the other, will subscribe in their case a professional assignment sheet whose terms will be previously and freely negotiated by both parties.
- Lusa Legal makes available to the Customer, to identify and correct errors in the introduction of data, its service by telephone or email.
- Each professional commission sheet can be formalized in English, French or Russian Spanish, at the Client’s discretion.
4. LEGAL CONSULTATIONS
The above stipulations will be applicable to this section, with the following features.
Once the Legal Consultation has been formulated and paid, the right to unilateral rescission by the Client contemplated in the previous section will be excluded.
The answers to the legal consultations made by the Clients-Users are elaborated and / or supervised by practicing lawyers; its character is merely indicative and generic in function exclusively by the information provided by the Client in his query by email
These answers do not constitute in any case integral legal advice, which can only be provided by a lawyer in view of the relevant documentation and after examination of all the circumstances of the matter, and not only those provided by the Client.
Lusa Legal will ensure that the files and advertisements that appear on the Web express truthful information and are kept up-to-date, although it does not guarantee the accuracy of the data entered in them.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Website, its contents and corresponding domain names are the property of Lusa Legal. The intellectual property rights on the Web extend not only to the content and title, but also to its logo, design, images, textures, graphics and the code with which it is programmed, being all of them protected in accordance with the Spanish Intellectual Property Law and other current Spanish and international legislation regarding copyright. This is without prejudice to the rights that correspond to the authors of the software integrated in the Site under the corresponding license.
Likewise, Lusa Legal is the owner of the industrial property rights derived from the use of trademarks, distinctive signs and commercial names that appear on the Web.
Lusa Legal reserves the rights of reproduction, modification, adaptation, public communication, maintenance, correction of errors, assignment, sale, rental, loan and any other right of intellectual or industrial property that may correspond to the contents of the Web, prohibiting the exercise of the foregoing rights without the express authorization of the owner. Any exercise of the foregoing rights, regardless of the medium or form in which they occur, requires prior and express authorization from Lusa Legal.
In no case, the Web will be responsible for the possible infractions that in matter of intellectual or industrial property can commit any Client.
7. REPRODUCTION OF CONTENTS
Is not allowed the reproduction, communication, modification or total or partial distribution, any public or private diffusion, the contents of the Web, without the express authorization of the owner of the rights of intellectual and industrial property, is expressly prohibited Lusa Legal.
Such acts on the contents or elements that make up the Web site will only be possible through a contract signed between the interested party and Lusa Legal and under the terms and conditions stipulated therein, reserving Lusa Legal the exercise of any actions legally relevant in defense of their intellectual and industrial property rights.
8. AUTHORIZATION OF LINKS
Any individual or legal entity is authorized to establish links to the Website on their pages, regardless of whether they are linked to its main page or to any of the sections of the Website, in a clearly and expressly way, the linked site (the Web) and, secondly, that it is a link to an external document to the web.
9. MODIFICATION OF THE CONDITIONS
Lusa Legal reserves the right to modify the contractual offer constituted by these General Conditions as well as the relationship of its services at any time and without prior notice, although such modifications will not affect the legal services already contracted.
10. EXCLUSION OF GUARANTEES AND RESPONSIBILITY FOR THE FUNCTIONING OF THE WEB AND LEGAL SERVICES
Availability and continuity, utility and fallibility.
Lusa Legal does not guarantee the availability and continuity of the operation of the Web and of the Legal Services. When this is reasonably possible, Lusa Legal will previously warn of interruptions in the operation of the Web and of the Legal Services. Lusa Legal also does not guarantee the usefulness of the Web and of the Legal Services for the realization of any particular activity, nor its infallibility nor the obtaining of results that do not depend exclusively on the activity of Lusa Legal or its Lawyers.
Lusa Legal excludes any liability for damages of any kind that may be due to a lack of availability or continuity of the operation of the Web and legal services, to the fraud of the utility that users may have attributed to the Web and legal services, the fallibility of the Web and Legal Services, and in particular, although not exclusively, to failures in accessing the different web pages of the Web or those from which the Legal Services are provided
Privacy and security in the use of the Web and Legal Services
Lusa Legal does not guarantee the privacy and security of the use of the Web and of the Legal Services and, in particular, does not guarantee that unauthorized third parties may not have knowledge of the class, conditions, characteristics and circumstances of the use that Clients make of the Web and Legal Services.
Lusa Legal excludes all liability for damages of any nature that could be due to knowledge that may have unauthorized third parties of the kind, conditions, characteristics and circumstances of the use that Clients make of the Web and legal services.
11. EXCLUSION OF GUARANTEES AND RESPONSIBILITY FOR THE CONTENTS
Quality. Lusa Legal does not control or guarantee the absence of viruses or other elements in the Contents that may produce alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.
Lusa Legal excludes any responsibility for damages of any nature that may be due to the presence of viruses or the presence of other elements in the contents that may cause alterations in the computer system, electronic documents or files of the Clients.
Lawfulness, reliability and utility. Lusa Legal does not guarantee the legality, reliability and usefulness of the published texts or through the Web (hereinafter, the “Contents”). Lusa Legal excludes any liability for damages of any nature that may be due to the transmission, dissemination, storage, making available, receiving, obtaining or accessing the contents, and in particular, although not exclusively, for damages that may be due to (a) the breach of the law, morals and generally accepted good customs or public order as a result of the transmission, dissemination, storage, availability, reception, obtaining or access to the contents; (b) the infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of persons, property rights and of any other nature belonging to a third party as a result of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the contents; (c) the fulfillment of acts of unfair competition and unlawful advertising as a result of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the contents; (d) the lack of veracity, accuracy, exhaustiveness, pertinence and / or actuality of the contents; (e) the unsuitability for any kind of purpose and the defrauding of the expectations generated by the contents; (f) the breach, delay in compliance, defective fulfillment or termination for any reason of the obligations contracted by third parties and contracts made with third parties through or due to access to the contents; (g) the vices and defects of all kinds of the contents transmitted, disseminated, stored, made available or otherwise transmitted or made available, received, obtained or accessed through the Website or the Services Legal.
Truthfulness, accuracy, completeness and topicality. Lusa Legal does not guarantee the veracity, accuracy, completeness and timeliness of the Contents. Lusa Legal excludes any responsibility for damages of any nature that may be due to the lack of veracity, accuracy, completeness and / or timeliness of the contents.
12. EXCLUSION OF WARRANTIES AND LIABILITY FOR SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEB
Quality. Lusa Legal does not control or guarantee the absence of viruses or other elements in the services provided by third parties through the Web that may produce alterations in your computer system (software and hardware) or in electronic documents and files stored in your computer system.
Lusa Legal excludes any responsibility for damages of any nature that may be due to the presence of viruses or the presence of other harmful elements in legal services provided by third parties through the Web that may produce alterations in the computer system, electronic documents or user files.
Lawfulness, reliability and utility. Lusa Legal does not guarantee the legality, reliability and usefulness of the services provided by third parties through the Web. Lusa Legal excludes any liability for damages of any kind that may be due to legal services provided by third parties through the Web, and in particular, although not exclusively, for damages and losses that may be due to (a) the breach of the law, morals and generally accepted good customs or public order as a consequence of the provision of legal services by third parties through the Web; (b) the infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of persons, property rights and of any other nature belonging to a third party as a result of the provision of legal services by third parties through the Web; (c) the fulfillment of acts of unfair competition and illegal advertising as a consequence of the provision of legal services by third parties through the Web; (d) the lack of veracity, accuracy, completeness, relevance and / or timeliness of the contents transmitted, disseminated, stored, received, obtained, made available or accessible through legal services provided by third parties through the Web; (e) the unsuitability for any kind of purpose of and the defrauding of the expectations generated by the Legal Services provided by third parties through the Web; (f) the breach, delay in compliance, defective fulfillment or termination for any reason of the obligations contracted by third parties and contracts made with third parties in relation to the provision of Legal Services through the Web; (g) the vices and defects of all kinds of the Legal Services rendered by third parties through the Web.
13. EXCLUSION OF WARRANTIES AND LIABILITY FOR THE USE OF THE WEBSITE, THE LEGAL SERVICES AND THE CONTENTS BY THE USERS
Lusa Legal has no obligation to control and does not control the use that Clients make of the Web, the Legal Services and the Contents. In particular, Lusa Legal does not guarantee that Clients use the Web, the Legal Services and the Contents in accordance with these General Conditions and, so, the Particular Conditions that result from their application, or they make a diligent and prudent use. Lusa Legal does not have the obligation to verify and does not verify the identity of the Clients, nor the veracity, validity, completeness and / or authenticity of the data that the Clients provide about themselves to other Clients.
Lusa Legal excludes any liability for damages of any kind that could be due to the use of the Legal Services and the contents by users or that may be due to the lack of veracity, validity, completeness and / or authenticity of the information that users provide to other users about themselves and, in particular, though not exclusively, for damages of any kind that may be due to the impersonation of a third party’s personality by a user in any class of communication made through the Web.
14. INCIDENTS AND CLAIMS
In the event that the Client wishes to report any incident or make any claim, he may do so by telephone, email or ordinary mail to the address or numbers, and during the hours that appear at any time in the contact section of the Website.
15. SECURITY AND DATA PROTECTION
15.1. Security measures and levels
Lusa Legal has adopted the security measures and levels of protection of personal data required by Organic Law 15/1999, of December 13, on the Protection of Personal Data and its implementing regulations. The personal data collected through the Web are subject to automated processing and are incorporated into a file owned by Lusa Legal, which is also the entity responsible for it.
Extended description of the purpose / s of the treatment:
We will treat your data for the lease of legal services according to point three of this legal notice
Deadlines or criteria for data storage:
The personal data provided will be kept while the relationship with the entity is maintained and its deletion is not requested by the interested party, they will be kept in accordance with the legal terms established in legal matters, taking as reference the last communication.
Automated decisions, profiles and logic applied:
The company will NOT make automated decisions, profiles or applied logic to its data.
Legitimation for the execution of a contract:
Because the treatment is necessary for the execution of a commercial contract, in which you are a party, it is stated that the type of contract in question is the aforementioned commercial contract or the pre-contractual relationship. As the communication of personal data is a legal or contractual requirement and a necessary requirement to subscribe to the aforementioned contract, the interested party is informed that it is obliged to provide personal data, and also that the consequences of not doing so may result in non-provision of the service requested.
During the period of duration of the treatment, Lusa Legal will not make any assignment, except legal obligation, nor any transfer.
The interested party may exercise the following rights:
- Right to request access to your personal data.
- Right to request rectification or deletion.
- Right to request the limitation of your treatment.
- Right to object to treatment.
- Right to data portability.
- Right to withdraw the consent given.
Any person has the right to obtain confirmation about whether or not we are treating personal data concerning them at the Entity. Interested persons have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes that were collected.
In certain circumstances, interested parties may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defense of claims. In certain circumstances and for reasons related to their particular situation, the interested parties may object to the processing of their data. In this case, the entity will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims. If you have given your consent for a specific purpose, you have the right to withdraw the consent granted at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal.
For this you can use the forms enabled in the web itself, or write a letter to Lusa Legal Paseo de Gracia 8-10 3rd 2nd of Barcelona (08007)
In case you feel your rights are violated in relation to the protection of your personal data, especially when you have not obtained satisfaction in the exercise of your rights, you can submit a claim to the competent Data Protection Control Authority through of its website: www.agpd.es.
In compliance with the provisions of article 21 of Law 34/2002 on services of the information society and electronic commerce, if you do not wish to receive more information about our services, you can unsubscribe by clicking the “unsubscribe” button indicated at the end of the mail.
15.1.7 Origin of the data
The personal data that we deal with in Lusa Legal come directly from you:
The categories of data that are treated are:
- Identification data
- Codes or identification keys
- Postal or electronic addresses
- Commercial information
- Economic data Specially protected data is not processed.
15.2. Payments Security
Lusa Legal has used all systems and technical measures at its disposal to prevent loss, misuse, alteration, unauthorized access and theft of data provided by the customer or user.
Payments by credit card are made through the electronic money platform managed by PayPal or TPV BBVA.
When the client or user operates with his card through the Web, he enters the secure server system of the aforementioned entity, which transports him, without intermediaries, to his bank. This formula fully guarantees the security of data traveling on the network.
Lusa Legal at no time is aware of the data of their customers or access their personal accounts since the operation of collection-payment is made directly by the aforementioned entity.
15.3. Professional secret
Private communications between clients and our attorneys are confidential. Access to this information is restricted by technological tools (passwords included) and by strict internal controls. For security reasons, Lusa Legal removes the specific information sent by the client or user once 90 days have elapsed since it became unnecessary. If the client or user wishes to keep a copy of this information, they must print it and save it by their own way.
We recommend to the client or user that he does not provide any third party with his identification of client or user, password or reference numbers provided by the Web. Also, to ensure the protection of professional secrecy between our lawyers and the client or user is preserved in all communications, the client or user should try not to disclose your confidential information to any third party.
15.4. Collection and use of personal information
The Web can store and make use of the IP addresses that appear in the ‘log’ files in order to analyze the trends, administer the site and track the use of the site as a whole. The collected global information can be used to customize the response to the client or user. The Web does not associate IP addresses with personally identifiable information.
15.5. Transfer of personal information to third parties.
Lusa Legal does not sell, assign, or transmit in any way personal information of its customers or users to third parties. However, the following should be taken into account:
Lusa Legal can provide third parties informative extracts of traffic to the website that do not affect the anonymity of the client or user, with data on the number of visits to a certain section of the site, traffic flows and trends, etc.
15.6. Applicability to other websites.
The Web may contain links to other sites. It must be taken into account that the Web has no control and has no responsibility for the policies or data protection measures of other websites.
15.7. Use of the email address of the client or user.
Lusa Legal or its subsidiary companies can send emails to the client or user who facilitates his address and under the conditions expressly accepted by him.
In the protection of the privacy of the client or user, he has absolute control over the reception of the mentioned emails. Thus, the client or user can choose not to receive most of the types of communications of the Web by marking the corresponding section in their account information, or by following the instructions that appear clearly in each email sent.
Below are the different types of communications that the Web can send you periodically:
Updates of the site and services: We send all new users a welcome email in order to verify the password and customer or user ID. Sometimes we send emails updating the site and services.
Lusa Legal can also contact the customer or user by email or telephone to resolve questions regarding any Legal Service that has contracted.
Special offers: Customers or users may occasionally receive information about products and services, special offers and newsletters from Lusa Legal or its affiliated companies. Customers or users can unsubscribe from these shipments.
Correction / Update of personal information: If the registration information that the client or user provides is erroneous or has changed, you can correct or update it in the corresponding area.
If you want to cancel your subscription to our electronic newsletter, you can do it automatically and without any need to offer any justification.
This page and its sections use the so-called cookies, that is, micro-files of data that are inserted in the cookie folder of the user’s terminal and that allow us to know information such as number of visits, date and time of the last visit, contents consulted on our page and its sections, browsing experience, as well as other information.
In the event that you do not want the introduction of cookies on your computer, you can disable the function in the corresponding option of your Internet browsing program (generally included in the subsection “Internet Options”, in the “Tools” section).
The parties recognize that the legislation applicable to this contract, and all legal relationships arising therefrom, will be Spanish, by express application of the provisions of Article 1.262 of the Civil Code, in relation to the provisions of Chapter IV, Title Preliminary of the same legal Code.
Likewise, both parties declare that this contract is not subject to the United Nations Convention of Contracts for the International Sale of Goods, as they are not commercial operations.
The professional practice of the lawyers of Lusa Legal is regulated by the General Statute and the Code of Ethics of the Spanish Law, as well as the European Code of Ethics and other rules applicable to the legal profession in Spain.