General terms and conditions of use
The purpose of these general terms and conditions of use (the GTCU) is to define the conditions of access, consultation and use of this website www.legitech.lu.
All Users (as defined below) must read these TOU, which define the rules of use of this website www.legitech.lu.Simply consulting this website implies full and complete acceptance of the GCU. These terms and conditions are without prejudice to the [general terms and conditions of sale] and the [Legitech data protection policy], which they supplement.
Art. 1. Legal information
This website is published by Legitech S.à r.l., a limited liability company under Luxembourg law, having its registered office at 10A, Z.A.I. Bourmicht, L-8070 Bertrange, registered with the Luxembourg Trade and Companies Register under number B.113932, with intra-community VAT number LU21011575 and holder of establishment authorisation N°10001428/2 issued by the Ministry of the Economy, Directorate General for SMEs and Entrepreneurship, 19-21, boulevard Royal, L-2449 - Luxembourg ((+352) 247-74700; [email protected]) (hereinafter Legitech).
The responsible editor is Mr. Marc-Olivier Lifrange.
This website is hosted by the company Post Telecom S.A.
Art. 2. Definitions
In the TOS, words or expressions beginning with a capital letter have the following meaning:
- Site: the present website, in particular accessible at the following address: www.legitech.lu ;
- User: any person who visits one or more pages of the Site or uses one of the services offered on the Site, including those requiring User identification (for example, through an email address and a password);
- User Content: refers to the data transmitted by the User in the various sections of the Site.
Art. 3. Subject
The present GCU govern access, consultation and use of the Site.
Any access, consultation and/or use of the Site, including sending an e-mail to Legitech by means of a "mailto" type link available on the Site, implies unconditional acceptance of and compliance with all the terms of these GCU. They therefore constitute a contract between Legitech and the User.
In the event that the User does not wish to accept all or part of the GCU, he is asked to renounce all access, consultation or use of the Site. Legitech reserves the right to modify the GCU at any time by publishing a new version of them on the Site. These modifications will come into force as soon as they are posted on the Site and will therefore be binding on all internet users from that moment. Legitech advises any person visiting the Site to save or print the current TOU.
Art. 4. Disclaimer and liability disclaimer
The information contained on the Site is exclusively of a general nature and is not aimed at the specific situation of any individual or legal entity.
They are not necessarily complete, exhaustive, accurate or up to date. They sometimes refer to external websites over which Legitech has no control and for which it declines all responsibility.
This information does not constitute professional or legal advice (if you need specific advice, always consult a suitably qualified professional), nor can it be assimilated under any circumstances to canvassing, a personalised service offer or advice given in legal or tax matters and therefore cannot be used as a substitute for legal or tax advice.
Legitech takes certain steps to ensure the reliability of the information contained on the Site; it will make every effort to correct any errors that are brought to its attention and cannot be held liable for any errors, omissions, lack of reliability, completeness or updating of the information on the Site, as well as for any consequences that may result from the use of information on the Site. It is notably up to the User to check or have checked, by the lawyer of his choice, whether the information thus collected is adapted to his personal situation.
Legitech wishes to limit as much as possible the inconveniences caused by technical errors. However, some data or information on the Site may not have been created or structured in error-free files or formats, so Legitech cannot guarantee that the service will not be interrupted or otherwise affected by such problems. Legitech accepts no responsibility with regard to such problems incurred as a result of accessing, browsing or using the Site, or any linked external sites.
This disclaimer is not intended to limit Legitech's liability contrary to the requirements of applicable national law or to exclude its liability in cases where this cannot be done.
Concerning participation in the community of Users of the Site
The User Community allows Users registered with Legitech to comment on articles, posts or news on the Site. Users may report any abusive behavior within the User community.
Any organisation, company or person participating in the User Community agrees to the following terms and conditions:
- Interactions made in the User community by a User reflect only that User's individual opinions. Legitech will act as moderator and will verify, before publishing such interaction on the Site, that the content of the comments does not infringe fundamental freedoms. Notwithstanding this moderation, Legitech declines all responsibility for the accuracy and relevance of Users' comments, as well as all responsibility for the consequences of any use of the information exchanged between Users;
- Legitech shall not be held liable for any damage resulting from the unavailability of the content (questions, answers, comments, etc.) of the service provided by the community of Users, nor for any interruptions of this service or any inappropriate use of information or documents by third parties;
- Concerning the content that he publishes, each User is required to comply with all applicable regulations relating to copyright, intellectual property and the protection of personal data;
- Any message that is abusive, defamatory, obscene or insulting, or that violates any relevant local, national or international regulations, or that is otherwise unacceptable (spam, promotion of services, products or political organizations, etc.) may be removed or withdrawn, temporarily or permanently, at Legitech's discretion;
- the Community of Users may not be used to submit a complaint, request, informal or formal complaint, or any other form of legal and/or administrative advice or procedure, or for the purpose of exhausting any legal and/or administrative remedy;
- Any User infringing these rules may have his or her access rights withdrawn, temporarily or permanently, without warning.
Art. 5. Requests for contacts
The User may contact Legitech through the various forms on the Site.
The purpose of these contact requests is to
- a request for information ;
- a request for subscription to one or more newsletters published by Legitech;
- a request for information relating to subscriptions to one or more legal and tax databases published by Legitech, or to a magazine published by Legitech;
- a request for information on conferences and events organised by Legitech.
Legitech will do its best to respond to any contact request made by a User. However, Legitech does not undertake to provide an answer or to acknowledge receipt of the User's request.
Finally, Users expressly accept that Legitech's automatic registration systems are considered as proof of the nature, content, date and time of the information and documents sent by Users to Legitech.
Legitech does not undertake to send the User one or more newsletters on a regular basis.
Art. 6. Careers
The User may contact Legitech in order to submit to it, in particular for publication on the Site, information relating to a change in his professional career (promotion, arrival, departure) or in that of one or more collaborators or employees within the company or institution for which he works, in which case the User's request for publication by Legitech shall be deemed, vis-à-vis Legitech, confirmation that it has obtained the necessary agreements (if any) from the persons concerned for such publication. Legitech reserves the right to request any written confirmation in this respect, in particular from the person who is the subject of the career advertisement or concerning the rights related to the photo.
By requesting Legitech to publish such an announcement, the User undertakes vis-à-vis Legitech to transmit for publication only accurate information and that its publication does not prejudice the legitimate interests of third parties. The User remains fully liable in the event of failure to comply with the above obligations.
A request for a "career" publication is processed by Legitech, which analyses it and rereads the content of the advertisement before it is put online. Legitech will do its best to validate the publication and, if necessary, contact the User as soon as possible. Legitech is free not to publish the ad, for example if it concerns a person whose activity is not related to the legal, accounting or tax professions or if Legitech has doubts about the seriousness of the ad submitted for publication.
Art. 7. Job offers - LegiJob
Legitech markets job or internship offer spaces, payable on the site according to fixed rates indicated, via LegiJob, a specialised recruitment advertising service exclusively dedicated to lawyers, legal experts, tax specialists and related professions.
It is the responsibility of the advertiser to mention, if necessary by means of a hyperlink, the terms and conditions for responding to the offer. Legitech does not collect any response that a candidate may send to the advertiser in the context of offers published on LegiJob, nor any personal data relating to candidates.
In order to request Legitech to publish the said LegiJob ad, the User must first create a login and choose a password. The User remains solely responsible for this login and password and undertakes not to communicate them to a third party, for any reason whatsoever.
Such a request from the User is processed by Legitech, which analyses it and rereads the content of the job offer before it is put online. Legitech will do its best to validate the publication and, if necessary, contact the User as soon as possible. Legitech is free not to publish the job offer, for example if it concerns a person whose activity is not related to the legal, accounting or tax professions or if Legitech has doubts as to the seriousness of the job offer submitted for publication. In this case, Legitech will inform the User of this and will refund, if applicable, the payment made in the context of the request for publication of the Legijob job offer in question to the User's account as soon as possible.
Under no circumstances can Legitech be held responsible for the content of a LegiJob job offer. In particular, Legitech will not take any steps to ensure the accuracy of the information contained therein or to update it.
Legitech reserves the right to subject the publication of LegiJob job offers to the formalization in writing and on a separate document of the terms of publication with the User.
Art. 8. Contributions and comments
The User may contact Legitech in order to submit a contribution for publication on the Site (blog article with legal or fiscal content, press release or legal news).
The User may also comment on the information and news made available on the Site. He must first create a login and choose a password. The User remains solely responsible for this identifier and password and undertakes not to communicate them to a third party for any reason whatsoever. His User name, his comment and the theme concerned will be visible to other registered Users.
The request for publication of a contribution by a User, as well as the comment(s), are processed by Legitech, which analyses them and rereads their content before putting them online. Legitech will do its best to validate the publication of the contribution or comment, or to contact the User as soon as possible. Legitech is free not to agree to publish the contribution or comment, for example if it is unrelated to areas of law, accounting or taxation, or if Legitech has doubts about the seriousness of the contribution submitted for publication.
The User is solely responsible for the User content that he or she puts online via the Site, as well as for the texts and/or opinions that he or she formulates. In particular, he undertakes to ensure that this data is not of such a nature as to prejudice the legitimate interests of third parties, whoever they may be. In this respect, he guarantees Legitech against any recourse, based directly or indirectly on these remarks and/or data, which may be brought by any person against Legitech. In particular, he undertakes to pay any sums, whatever they may be, resulting from any third party's recourse against Legitech, including legal fees and court costs.
Legitech reserves the right to delete all or part of the User Content, at any time and for any reason whatsoever, without prior notice or justification. The User may not make any claim in this respect.
If the User participates in the user community, he or she can delete one of his or her comments at any time.
En cas d’achat dématérialisé, l’article sera accessible et téléchargeable sur le site de Legitech par le biais du compte d’utilisateur du client ou par l’envoi d’un e-mail au client.
Pour pouvoir utiliser et lire les contenus dématérialisés sur un appareil portable et/ou un ordinateur, le client doit disposer des logiciels adaptés fournis par des parties tierces. Legitech met tout en œuvre pour garantir la compatibilité de ses produits avec les programmes tiers, cependant il ne s’agit en aucun cas d’une obligation de résultat.
Aucun droit de rétractation n’est prévu en cas d’achat dématérialisé. Le client consommateur est présumé avoir reconnu la perte de son droit de rétractation lors de l’acceptation des conditions générales.
Art. 9. Registration to the workshops
Legitech regularly organises workshops, presented by legal professionals, on various subjects of Luxembourg and/or European law. A registration form is available on the Site. The terms and conditions for registration, payment, postponement and cancellation of participation in the workshops are detailed separately.
Art. 10. Protection of personal data
The respect of privacy and the applicable regulations regarding the protection of personal data are essential considerations for Legitech. For any information concerning the collection and processing of personal data in connection with access, consultation or use of the Site, please consult our personal data policy.
Art. 11. Cookies
The Site uses "cookies" and other similar tools. Cookies" are small text files left on the User's computer (or tablet and mobile) when visiting the Site.
Art. 12. Intellectual Property
The Site, its content (not otherwise attributed) and all the elements constituting it are creations for which Legitech is the holder of all intellectual property rights and/or has obtained exploitation rights, in particular under copyright, design and model law, database law and trademark law.
Legitech is a registered trademark. Any use of this trademark is forbidden without prior written authorisation from its owner.
The Site, as well as the software, database structures, texts, information, analyses, images, photographs, graphics, logos, sounds or any other data contained on the Site remain the exclusive property of Legitech or, as the case may be, of their respective owners with whom Legitech has concluded user agreements.
Under no circumstances may they be reproduced, used or represented without the express written permission of Legitech, under penalty of prosecution. In order to obtain this authorisation, please contact the Site administrator at the following address: [email protected].
Legitech grants the User a non-exclusive and non-transferable right to use the Site as well as the original intellectual works and data contained on the Site. The right thus granted consists of (i) a right to consult online the original intellectual works and data contained on the Site and (ii) a reproduction right consisting of printing and/or saving these original intellectual works and data consulted. This right of use is intended for strictly private use only. Any other right is expressly reserved by Legitech.
Any other use of the Site, in particular commercial use, on the part of the User is prohibited without Legitech's express written authorisation.
In particular, the User is prohibited, in a non-exhaustive manner, for any other than private use, from reproducing and/or representing, downloading, selling, distributing, issuing, translating, adapting, exploiting, distributing, broadcasting and communicating in whole or in part in any form whatsoever, whether commercially or not, any work of the original spirit or data contained on the Site.
The User also refrains from introducing data on the Site that would modify or be likely to modify the content or appearance of the data, the presentation or organisation of the Site or the works appearing on the Site, and by any process whatsoever.
Mention of the source is made in the following manner: Author, title, year, www.legitech.lu.
Art. 13. Hypertext links
The Site may include hypertext links to other sites.
Legitech does not monitor the content or other aspects of these websites, and therefore cannot accept any responsibility for the content, advertising, products and services available on or from these websites or external sources offered after the creation of the hypertext link on the Site. It is expressly agreed that it is up to the User to provide proof that the said hypertext link was created after the distribution of these contents, advertising, products or services.
The User therefore acknowledges that Legitech shall not be held liable for any damage or loss, whether proven or alleged, resulting from or in connection with the use of or having knowledge of the content, advertising, products or services available on these external sites or sources.
If, in the context of a search conducted on the Site, the result of the search leads a User to point to sites, pages or forums whose title and/or content constitutes an infringement of Luxembourg law, particularly given the fact that Legitech cannot control the content of these sites and external sources, the User must interrupt his consultation of the site concerned, unless he is liable to the penalties provided for by Luxembourg law or any other applicable legislation or to answer for legal action initiated against him.
Finally, if, despite Legitech's efforts, one of the hypertext links on the Site points to a site or Internet source whose content is or appears to be non-compliant with the requirements of Luxembourg law, the User undertakes to contact Legitech immediately via the following address: [email protected] in order to inform it of the address of the pages of the site in question. Legitech then undertakes to study the said site and to inform the User of the action it intends to take on this information within a reasonable period of time. The User undertakes not to take legal action against Legitech before having first contacted Legitech to try to reach a solution. The User also undertakes to take legal action against Legitech only if he refuses to remove the said link.
Art. 14. Responsibility
Legitech is only responsible for the content of the pages it publishes.
Legitech cannot be held liable for any damage that may occur to the User's computer system and/or loss of data resulting from the User's use of the Site.
Legitech cannot be held responsible for facts other than those relating to the publishing of the Site. Legitech does not guarantee the availability or performance of the Site. The User may not seek Legitech's liability on the grounds of lost profits, loss of opportunity or turnover. Legitech's liability can only be sought for proven fault and for direct and foreseeable damage, exclusively caused by a breach by Legitech of its obligations.
Legitech shall not be held liable for the non-functioning, inability to access or malfunctioning of the Site due to unsuitable equipment, malfunctions in the services of the Users' access provider or those of the Internet network. The same shall apply for all other reasons outside Legitech.
In addition, the User acknowledges that the characteristics and constraints of the Internet network do not make it possible to guarantee the availability and proper functioning of the Site. Consequently, Legitech does not guarantee that the Site will function without interruption or error. In this respect, it is specified that :
- the Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond Legitech's control;
- Legitech may interrupt access to all or part of the Site, to all or part of the Users, on a temporary basis for maintenance reasons aimed at the proper functioning of the Site, without prior notice and without this interruption entitling the User to any compensation whatsoever.
The User waives the right to seek Legitech's liability for such service interruptions or operating disturbances.
Legitech implements technical and organisational security measures in accordance with customary practice, and cannot guarantee the secrecy of correspondence exchanged by the means made available to Users, particularly in the event of malicious intrusion into its computer systems.
The User declares that he is well aware of the intrinsic characteristics of the Internet and in particular of the fact (i) that the transmission of data on the Internet only benefits from relative reliability, as the data circulates on heterogeneous networks, with diverse characteristics and capacities, which are sometimes saturated at certain times of the day and are likely to impact download times or data accessibility, and (ii) that the Internet is an open network, that, as a result, the information it conveys is not protected against the risks of misappropriation, intrusion into its system, hacking of its system data, programmes and files, contamination by computer viruses, and (iii) that it is its responsibility to take all appropriate measures to protect the data, files or programmes stored in its system against contamination by viruses such as attempts to intrude into its system.
Certain sections of the site are reserved for Members after identification using their login and password.
Legitech reserves the right to refuse access to the Site's services, unilaterally and without prior notice, to any User who does not comply with these TOU.
Art. 15. Partial invalidity
If one or more stipulations of the GCU are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, they will be deemed to be unwritten and the other stipulations will remain in force.
Art. 16. Titles
In the event of any difficulty of interpretation between any of the headings at the beginning of the clauses and any of the clauses or between several headings, the headings will be declared non-existent.
Art. 17. Language of the Contract
Only the French language version of the TOS is authentic between the parties and may be produced in court.
Art. 18. Applicable law
The GTCU are subject to Luxembourg law.
Art. 19. Attribution of competence
In the event of a dispute between the parties arising out of the formation, interpretation, execution and/or termination of the contract, and after an attempt to find an amicable solution, express jurisdiction is attributed to the Luxembourg courts, notwithstanding plurality of defendants or appeal in warranty, even for emergency proceedings or protective proceedings or summary proceedings or by petition.
Art. 20. Photo Credits
DavidLaurent | © - LucDeflorenne - Fotolia.com - Shutterstock.com - Creative commons images - Olivier Minaire
These T&Cs are up to date as of 1 July 2020.