HomeTerms of use

Terms of use

MY FRENCH LAWYER

GENERAL TERMS AND CONDITIONS OF USE

The sole proprietorship Marc TIMMERMANS, registered in the National Business Register (RNE) under number 80483747400068, with its registered office at 1 rue Fontaine du Pila Saint Gely, Montpellier (34000) (hereinafter referred to as “EI MT” or “the Publisher”) has developed a website (hereinafter referred to as the “Website”) accessible at the address ” https://www.myfrenchlawyer.com,” allowing any Internet user who is a natural person (hereinafter referred to as the ‘User’) to access an online platform for connecting with a referenced French lawyer (hereinafter referred to as the ‘Referenced Lawyer(s)’) on said platform.

The website’s publication director is Mr. Marc TIMMERMANS.

These terms and conditions of use are intended to contractually govern the relationship between EI MT, Users, and the Referenced Lawyer(s).

I. Definitions

Referenced Lawyer: refers to any natural or legal person who holds the title of French lawyer and is duly registered with a Bar Association in France, referenced on the Website in order to enable a User to make an appointment with them.

Contract: refers to the following contractual documents: (i) these General Terms and Conditions of Use, (ii) the privacy policy (iii) the cookie management policy. These documents are available to the User at any time on the Website, at the following addresses: www.myfrenchlawyer.com/cgu/ and www.myfrenchlawyer.com/politique-de-confidentialite/

User Data: refers to all information and/or data, including Personal Data, provided by the User in connection with the Connection Service and which make up the Data Directory. This User Data is the property of EI MT. It includes user information, appointment dates, any complaints, etc.

Personal Data: refers, in accordance with the General Data Protection Regulation (GDPR), to any information relating to an identified or identifiable natural person, directly or indirectly, by reference to, in particular, an identification number or to one or more factors specific to that natural person, such as a username, profile, address communicated or processed in connection with the Connection Service.

Connection: refers to the act of a User requesting an initial appointment with a Lawyer listed on the Website.

Party(ies): refers jointly to EI MT, the Lawyer listed and the User within the framework of these Terms and Conditions of Use.

Initial appointment: refers to the Legal Service provided by a Lawyer listed on the Website to a User, consisting of discussing with the User their situation, requests, questions, and needs in order to respond to them and/or offer assistance in connection with other Legal Services. The rate offered on the Website by the Lawyer listed corresponds to an initial appointment lasting a maximum of one hour.

Data directory: refers to the directory containing all the data collected by EI MT, consisting of User Data.

Data controller: has the meaning given to it by the GDPR.

GDPR: refers to the General Data Protection Regulation (EU) 2016/679 of the European Parliament of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC.

Services: refers to the services provided by EI MT to the User via the Website, intended to facilitate the connection between the User and a referenced Lawyer, as described in Article 4.1.4 of these Terms and Conditions of Use.

Legal Services: refers to legal services of any kind that may be provided by the Lawyers listed to Users, as opposed to the Services provided by the Platform, without EI MT acting in this capacity.

Website: refers to the website owned by EI MT, whose address is: www.myfrenchlawyer.com

User(s): refers to any natural or legal person who consults the Website and/or accesses the Services and/or, where applicable, the Contact Service with the Lawyers listed.

II. Scope of the terms and conditions of use

These general terms and conditions of use (GTCU) apply to any connection to the website accessible at the URL www.myfrenchlawyer. com (hereinafter “MFL” or the “Website”) published by the sole proprietorship Marc TIMMERMANS, registered in the National Business Register (RNE) under number 80483747400068, whose registered office is located at 1 rue Fontaine du Pila Saint Gely in Montpellier (34000). The T&Cs constitute a contract under French law.

MFL allows any user, regardless of the country from which they connect, to be quickly put in touch (via an interactive map of France) with a lawyer registered with a French Bar Association, in order to explain the issue for which they are seeking answers and, where applicable, a Service, in the User’s language. To this end, the language skills of the Lawyers listed on the Website have been verified upon registration by the submission of official proof.

Any use of the Website by a User or a Lawyer listed on the Website implies full and unreserved acceptance of the Terms of Use. Any violation of the Terms of Use by a User or a listed Lawyer will result in the User or Lawyer being prohibited from using the Website. The Terms of Use may be modified at any time by EI MT. In this case, the new version of the Terms of Use will be available via a link on the Website’s home page.

III. Purpose of the Terms of Use

The purpose of the Terms of Use is to govern the relationship between Users, Referenced Lawyers, and EI MT in connection with the use of the Website. More specifically, the Terms of Use define the terms and conditions under which Users and Referenced Lawyers may use the Website and benefit from the Referral Service provided by EI MT.

It is specified that the Terms of Use do not govern the relationship between Users and Referenced Lawyers outside the Website. Thus, the Terms of Use do not govern the contractual, personal, and confidential relationship that may be established between the User and the Referenced Lawyer following the Referral. EI MT hereby reminds Users that any legal services offered by the Lawyers listed to Users following the Referral shall be governed by a fee agreement between the latter, with EI MT having no involvement whatsoever in this relationship and receiving no remuneration whatsoever in this respect.

IV. Terms and conditions of use of the website

Terms and conditions of use of the website by the User

General remarks

EI MT’s purpose is to offer the User, through the Website, the possibility of being put in contact (the “Connection”) with Lawyers listed on the Website.

The Services offered and described in these General Terms and Conditions of Use are provided free of charge by EI MT to the User. The User shall therefore not remunerate EI MT at any time, either directly or indirectly, for the use of the Website. EI MT merely makes the Website available to Users and the Lawyers listed in order to facilitate contact between them.

The User acknowledges that the Website allows them to be put in contact with a Lawyer listed on the Website for an initial appointment in person or by videoconference, which will be invoiced by the Lawyer listed on the Website. The amount of these fees is duly displayed when the User makes the appointment.

The User acknowledges that they have been duly informed that these fees displayed on the website when booking an initial appointment correspond only to the provision of advisory services by the referenced Lawyer for a maximum duration of one hour. In the event that the first appointment leads the User to request that the Referred Lawyer provide Legal Services, such services will be invoiced by the Referred Lawyer according to fees freely set by the latter and within the framework of a fee agreement. EI MT is not involved in setting the fees of the Referred Lawyer, nor in the contractual relationship between the Referred Lawyer and the User, and EI MT is not remunerated in any way for this security.

EI MT draws the User’s attention to the fact that the User uses the Website and the Services offered by EI MT under their sole responsibility, as EI MT only provides, through the Website, the technical means enabling the User to be put in contact with a Referenced Lawyer.

The Services do not constitute a lawyer referral service and are not intended to replace the User’s free choice of lawyer, in accordance with the legislation in force. The Services only allow the User to freely choose a Lawyer who can understand and assist them in their language, the User remaining, however, perfectly free to seek a Lawyer who is not listed on the Website.

  • User obligations

The User may only use this Website in accordance with these Terms and Conditions of Use and, in any event, for lawful and appropriate purposes, including in accordance with the laws, regulations, and codes of ethics applicable in the United States or other country from which the User accesses the Website.

In addition to the obligations agreed to under these Terms and Conditions of Use, the User agrees not to:

  • Publish, transmit or disseminate information on or via this Website that is or could be harmful, obscene, defamatory, offensive, inappropriate, shocking, abusive, insulting, racist, inciting racial hatred, violence, constituting an apology for crimes against humanity, child pornography, likely to undermine human dignity or the privacy of others, illegal, contrary to the laws in force or unlawful;
  • Use this Website in a manner that constitutes or is likely to constitute an infringement of the rights of a third party;
  • Making unauthorized, false or fraudulent appointment requests;
  • Usurping the identity of a third party;

Publishing or disseminating inaccurate, false or incomplete information;

  • including, without limitation, uploading or making available by any means files containing corrupted data or viruses, Trojan horses, logic bombs, or other malicious or harmful code intended to interrupt, suspend, destroy, or limit the functionality of any telecommunications equipment;
  • Performing any act that would unreasonably or disproportionately overload the Website or any related infrastructure;
  • Engaging in commercial activities of any kind without the prior written consent of EI MT;
  • Collect, process and/or store Personal Data relating to other Users, where applicable in connection with the conduct of activities prohibited herein;
  • Cover or mask any element contained on any page of the Website, in particular by means of HTML/CSS;
  • Modify, hack, or adapt the Website or any third-party website in such a way as to falsely imply that it is associated with the Website;

In any other way violate applicable law.

It is prohibited to insert a hypertext link to the Website or to exploit any element of the Website without the prior written consent of EI MT. This authorization may be withdrawn at any time, at the sole discretion of EI MT.

EI MT reserves the right to request the immediate removal of any link to the website and may, if necessary, take legal action for any damage suffered as a result of such unauthorized use.

  • User guarantees

The User guarantees that when making an appointment with a listed Lawyer, they will provide accurate, truthful and sincere information so that EI MT cannot be held liable for any incorrect or incomplete information provided by the User.

Furthermore, the User indemnifies EI MT against any claim, legal or extrajudicial dispute and, more generally, indemnifies EI MT against any material, financial or non-financial damage resulting from the User’s use of the Website or the Services.

  • Use of the Website Services by the User
  • Use of the map (Geolocation)

The Map service allows the User to search for and select a listed Lawyer online via the Website.

The listed Lawyers are listed according to their geographical location (based on their territorial affiliation to a French Bar) and the languages they speak.

The website of the listed Lawyer may be consulted by the User and contains all the information relating to that lawyer. The User always retains the choice of their lawyer and is therefore free to consult the directory of professional associations to choose a lawyer who is not listed on the Website.

The User may click on the French region of their choice to display the listed lawyers practicing in that region.

  • Making an appointment

By clicking on the photo of the listed Lawyer displayed, the User may consult the rate offered by that listed Lawyer for an initial appointment. By entering their personal details, the time of the requested appointment, and confirming the appointment, the User agrees to pay the rate offered by the listed Lawyer for an initial appointment and undertakes to pay it. The User is informed that payment for the first appointment with the referenced Lawyer will be made in accordance with the payment terms set by the latter, without EI MT intervening at any time. EI MT cannot be held liable or contacted at any time regarding the issue of payment, as EI MT has no control over this matter.

The User is duly informed that making an appointment online will result in an information email (containing the information provided by the User and the date chosen for the First appointment) being sent by the Website to the selected Lawyer. EI MT draws Users’ attention to the fact that EI MT does not itself validate or manage appointments, which are carried out directly by the Lawyer concerned and under their sole responsibility. The User declares that they are fully aware that by agreeing to a first appointment with a Lawyer listed on the Website, they are contractually bound to the Lawyer listed, EI MT not being a party to this relationship. The Lawyer listed will therefore be solely responsible for informing the User of the terms and conditions under which the First appointment will take place.

The User expressly accepts and acknowledges that the booking of the appointment with the Lawyer listed is not guaranteed by EI MT, and that EI MT cannot be held liable in any way in the event of any delay, cancellation, closure of the office, or unavailability of the Lawyer listed, or in the event of refusal to provide services, for any reason whatsoever.

In this regard, the User expressly acknowledges and accepts that:

  • The use of the Services does not dilute, modify, or mitigate, either directly or indirectly, the liability and obligations of the Referenced Lawyers providing the Services to Users, as the Referenced Lawyers practice their profession independently, in accordance with their personal legal and regulatory obligations and under their sole responsibility;
  • The referenced Lawyer provides the Legal Services under their sole responsibility.

Consequently, EI MT cannot be held liable in the context of the relationship between the referenced Lawyer and the User, in particular in the event of a dispute or litigation with the referenced Lawyer.

Furthermore, the User is informed that the Website does not have a videoconferencing service and that it is therefore the responsibility of the Referred Lawyer to offer the User an online appointment through an external videoconferencing operator (Microsoft Teams, Zoom, Jitsi, or other). In this regard, each Referenced Lawyer has undertaken to EI MT to send the User, within 24 hours of the appointment being made, a link to connect to the videoconferencing platform they use. The referenced Lawyer shall be solely responsible for setting up any other device used by the User to attend the appointment made by the latter, without EI MT ever being held liable or implicated in this regard, as it has no control over the technical setup of the appointment with the User.

The User acknowledges and accepts that the use of videoconferencing may, at the request of the Referred Lawyer, be conditional upon prior payment of the price of the appointment agreed with the Referred Lawyer.

  • Articles available on the Blog

The Publisher offers a “Blog” tab to users, allowing them to access a page dedicated to reading articles on legal topics. These articles are intended to inform the User about various legal topics. These articles are written by the Publisher and made available to the User free of charge. The Publisher reminds Users that it is the owner of these articles under copyright and that they may not be copied, reproduced, transferred, in whole or in part, for any purpose whatsoever by a User of the Website.

Finally, the Publisher reminds Users that it does not guarantee the content of the articles made available and that these articles cannot under any circumstances be considered by the User as legal advice. The Publisher reminds Users that these articles are intended to present legal concepts and mechanisms in a general context only and cannot replace legal advice provided to the User by a Lawyer listed or not listed on the Website.

  • Terms of use of the website by the Lawyer listed
  • General remarks

Any natural or legal person who holds the title of French lawyer and is duly registered with a French Bar may apply to register on the Website as a Referenced Lawyer.

This registration is subject to prior approval by EI MT. The following are verified in particular:

  • The lawyer’s valid registration with a French Bar Association on the date of the application;
  • The areas of practice of the lawyer making the application;
  • The lawyer has obtained a certificate of proficiency in one of the languages offered on the Website at a minimum level of B2 (level established by the Common European Framework of Reference for Languages – CEFR), in order to guarantee an optimal Service for Users.

The respective obligations between EI MT and the Referenced Lawyer are listed in a confidential contract separate from these T&Cs. However, the referenced Lawyers must, throughout the duration of their use of the Service, comply with their professional obligations in accordance with their code of ethics. The referenced Lawyers are solely responsible to Users for the services they provide after being put in contact by EI MT.

However, each Referenced Lawyer has expressly undertaken to honor the First Appointments made by Users. If they are unable to attend an initial appointment, each Referred Lawyer undertakes to notify the User immediately by any means in order to arrange a new appointment or to suggest that the User make an appointment with another lawyer, whether referred or not (in particular in the event of the Referred Lawyer’s prolonged unavailability). These commitments by the listed Lawyer contribute to the effectiveness of the platform, which aims to provide an optimal Service to the User.

In addition, each Referred Lawyer has undertaken to provide EI MT with the rate offered by the latter to arrange a First Appointment with a User. Each Referred Lawyer is duly informed that this rate is displayed on the Website, more specifically on the Map, when a User chooses to click on the Referred Lawyer’s profile to make an appointment. Each Lawyer listed is of course entirely free to change the rate for a First appointment at any time, in which case they must notify EI MT of the new amount, and EI MT undertakes to update this amount on the platform within five days of the date of the request for change.

  • Guarantees and liability of the listed Lawyer

Lawyers undertake to EI MT that, for as long as they use the Services of the Website, they will have a valid and current registration with a French Bar Association.

They undertake to inform EI MT without delay and by any means in the event that they are omitted or removed from the Bar Association with which they are (were) registered, in order to enable the Website to remove their profile and thus ensure that they are not at any time put in contact with a User if they are no longer practicing lawyers.

They undertake more generally and without reservation not to arrange any First Appointments via the Website if they are no longer registered with a French Bar Association.

Any Lawyer listed who agrees to a First Appointment with a User or, more broadly, to provide Legal Services to a User while no longer registered with a French Bar Association shall be solely liable for any damage that may result, and EI MT shall not be held liable in any way in this regard, which all Users and all Lawyers listed expressly acknowledge.

Referenced Lawyers are solely responsible for the information they transmit through the Service, as well as for the comments and content they publish through the Website.

The referenced Lawyers undertake to comply, in the context of their use of the Service, with all rules, in particular legal and ethical rules, governing the practice of their profession. In any event, the referenced Lawyers are solely responsible for complying with public morals and public order, as well as with laws and regulations.

The listed Lawyers undertake to comply with all legal and regulatory requirements in force relating to information technology, files, freedoms, and intellectual property, as well as the rights of third parties. They undertake in particular to comply with the provisions of the French Data Protection Act and the European General Data Protection Regulation (GDPR) in the context of the processing of personal data that they are required to carry out. They shall be personally responsible for obtaining all legal, regulatory or administrative authorizations necessary for the establishment and operation of their subsequent legal services.

It is the responsibility of the listed Lawyers to verify that there are no conflicts of interest between the various Users they are called upon to assist. These checks for potential conflicts require the User to provide their name and contact details, and the identity of any legal or natural persons who may be dependent on them, as well as any other information that the listed Lawyer may require.

The listed Lawyer must ensure the accuracy of the information provided by Users, as EI MT is not in a position to do so.

The listed Lawyers undertake to EI MT to take out all necessary insurance with a reputable insurer to cover any damages that may be attributable to them in connection with their use of the Service.

Referenced Lawyers are bound by a strict confidentiality obligation covering all information present on and disseminated through the Website. In particular, all communications between Referenced Lawyers and Users are considered confidential.

  • Availability of Services

EI MT undertakes to use its best efforts to ensure the proper functioning of the Website and to provide the User with continuous access to the services under optimal conditions. As such, EI MT will take all measures in accordance with industry standards to ensure the continuous availability of the Website, 24 hours a day, 7 days a week, reducing interruptions and malfunctions as much as possible.

However, in the context of maintenance work, testing, updates or any other technical intervention necessary for the improvement or proper functioning of the services, EI MT may temporarily suspend access to the website without notice and without this interruption giving rise to any right to compensation or damages for the user.

V. Modification of the T&Cs

EI MT is free to modify these Terms of Use at any time and without notice, in particular to take into account any legal, jurisprudential, editorial and/or technical developments.

EI MT will inform the User and the Lawyers listed on the Website of any such changes the next time they log in.

The latest version of the Terms and Conditions of Use, which are the only ones applied by EI MT, are available at all times on the Website at the following address: https://www.myfrenchlawyer.com.

VI. Term of the Terms and Conditions of Use

These General Terms and Conditions of Use shall come into force on the date they are posted on the Website, shall remain in force for an indefinite period and shall be enforceable on the date of the first use of the Website or the Services by the User and/or the referenced Lawyer, throughout the duration of its use.

VII. Acceptance of the general terms and conditions of use

Consultation of the Website is subject to the unconditional acceptance of and compliance with these Terms and Conditions of Use by the User and the listed Lawyer.

Consequently, upon their first visit to the Website, the User and the listed Lawyer acknowledge that they have duly read these Terms and Conditions of Use and expressly agree to be bound by them.

VIII. Protection of personal data and privacy

The user is invited to consult the complete privacy policy, available at the following address: https://www.myfrenchlawyer.com/politique-de-confidentialite/.

Information about the user may be collected automatically through cookies. These cookies enable the user’s browsing on the website to be tracked and the content and services offered to be adapted to their preferences.

The user can consult details concerning the use of cookies by visiting the following address: https://www.myfrenchlawyer.com/cookies/.

The website http://myfrenchlawyer.

com ensures that personal data is processed in accordance with the French Data Protection Act of January 6, 1978, as amended, and the General Data Protection Regulation (EU) of April 27, 2016 (hereinafter “GDPR”), governing the collection, processing, and storage of personal data.

In accordance with these provisions, http://myfrenchlawyer.com has implemented a procedure to ensure the security of the data collected and the rights of the persons whose data is processed.

IX. Intellectual property

Access to the Website does not grant the User any ownership rights over the elements that comprise it, whether they are technologies, software or protected content such as texts, images, videos, trademarks, models or databases, which remain the property of EI MT.

EI MT grants the User a free, limited and non-exclusive right to use the website and its content for personal use. This right remains valid as long as the User uses the Website in accordance with the established rules. EI MT reserves the right to revoke it at any time, without notice or compensation, in the event of non-compliance with the terms of use.

In accordance with the legal provisions in force, use of the Website is strictly limited to private use. Any reproduction, distribution, modification, commercialization or exploitation, in whole or in part, of the elements of the Website, in any form whatsoever, is prohibited without the prior written consent of EI MT. Any infringement may result in legal proceedings.

X. No waiver

Any tolerance or inaction by one of the Parties in the performance of the commitments provided for in these terms and conditions of use shall in no way be interpreted as a modification of the contract or give rise to any claim.

The fact that EI MT does not enforce a breach or violation by the User or the referenced Lawyer of one of its obligations, whether contractual or legal, shall not be considered a waiver of its right to enforce such breach or violation at a later date.

Similarly, EI MT’s failure to invoke a provision of these terms and conditions shall not imply any waiver of the benefit of that provision.

XI. Applicable law – Language of the contract

If you reside in the European Economic Area (EEA) or if you are an organization located in one of these countries, the T&Cs are governed by the laws of your country of residence. In all other cases, the Terms of Use are subject to French law, to the exclusion of any other legislation, unless otherwise required by public policy.

They are written in French. In the event that they are translated into one or more languages, only the French text shall be binding in the event of a dispute.

XII. Mediation

If a dispute arises between EI MT and the User and/or a Referenced Lawyer concerning the validity, interpretation, execution and/or termination of these Terms and Conditions of Use, EI MT shall make available to the User and/or the Referenced Lawyer acting as a consumer, in accordance with the provisions of the Consumer Code, a mediation procedure with a view to amicably resolving the dispute.

The User may therefore refer the matter to the Mediator for the legal profession, whose contact details are as follows:

Consumer Mediator for the legal profession Ms. Carole Pascarel

Address: 180, boulevard Haussmann, 75008 Paris

Email address:

mediateur-conso@mediateur-consommation-avocat.fr/

Website: https://mediateur-consommation-avocat.fr/

You are informed that the mediator can only be referred to after you have first attempted to resolve the dispute directly with your lawyer by means of a written complaint.

The costs associated with the mediator’s intervention will be borne equally by each of the Parties.

For further information, Users are invited to contact EI MT by email at: contact@myfrenchlawyer.com

XIII. Hosting

EI MT reminds Users that the provision of the Services is based on the collection, processing and hosting of Personal Data.

In order to comply with applicable regulations, the Website is hosted by:

OVH SAS

2 rue Kellermann

59100 ROUBAIX

As EI MT has chosen to host the Website and User Data with professional hosting providers, it cannot be held liable for any failures on their part.

XIV. Website security

EI MT (myfrenchlawyer) will use its best efforts within the framework of an obligation of means to ensure the security of the Website each time a User or listed Lawyer connects to it. However, EI MT (myfrenchlawyer) reminds Users and referenced Lawyers that it cannot guarantee that access to its Website is risk-free, which Users and referenced Lawyers expressly acknowledge and accept without reservation.

XV. Disputes – Competent court

The Parties agree that any disputes that may arise concerning the validity, interpretation, execution and/or termination of these General Terms and Conditions of Use or their consequences and repercussions shall be submitted to the jurisdiction of the courts with territorial and material jurisdiction within the jurisdiction of the Court of Appeal of Paris.

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