1.1 The Legalify.ch website (hereinafter: “Legalify.ch”) is owned and operated by Legalify Sàrl, Rue des Alpes 15, 1201 Geneva, IDE n° CHE-450.408.888 (hereinafter: “Legalify”).
1.2 By accessing Legalify.ch, you agree to the content and application of these terms and conditions (hereinafter: the “Terms and Conditions”) and our privacy policy, available on Legalify.ch (hereinafter: the “Privacy Policy”), which form an integral part thereof. These apply to all services, advice or information provided through Legalify.ch or by Legalify's employees, representatives or auxiliaries.
1.3 Where the relationship between the user of Legalify.ch (hereinafter: the “User”) and Legalify is defined by separate rules, the Terms and Conditions and the Privacy Policy remain applicable, subject to contrary provisions prevailing over them.
2.1 Various services are offered through Legalify.ch, including company incorporation and registration, Trade Register registrations and amendments, the downloading of legal documents and contracts, the provision of legal advice by telephone or in person, and the conclusion of monthly subscriptions for the provision of legal advice and services (hereinafter together: the “Services”).
2.2 The scope of the Services is determined, in each case, by the circumstances, in particular by the services required or requested by the User, as well as by the instructions and information given by the User, insofar as these are accepted by Legalify.
2.3 Legalify undertakes to provide the Services with due care and diligence and may take any action it deems useful or necessary in this connection, at its own discretion.
2.4 The legal services offered on Legalify.ch are provided by Legalify’s lawyers, with the assistance of Legalify’s legal professionals and support staff when necessary. For each accepted mandate, Legalify assigns a lawyer to manage the case, who serves as the User’s primary point of contact. When the complexity or scope of the case warrants it, multiple lawyers may work in a coordinated manner under the direction of the lawyer in charge of the case. It is possible that Legalify may need in some cases to engage the services of external providers, such as notaries, accounting firms, tax advisers or other experts. In such situations, Legalify may engage such service providers to the extent necessary for the performance of the mandate. In certain specific cases, a direct contractual relationship may be established between the User and the relevant professional. The User will be informed in advance. However, Legalify does not act as a platform for connecting clients with independent lawyers.
2.5 When Legalify engages an external service provider in connection with a mandate, its liability is determined in accordance with applicable Swiss law. When the User enters into a contractual relationship directly with a third-party professional, that professional is solely liable for the services they provide. This limitation does not apply to legal services provided directly by Legalify’s lawyers.
2.6 Legalify relies on the instructions, information and documents provided by the User, which are deemed to be accurate and complete. Unless expressly requested by the User, Legalify does not verify them. The User expressly acknowledges that Legalify is entitled to rely on the User's instructions, information and documents in order to provide the Services.
2.7 Legalify reserves the right to refuse to provide the Services if this is deemed necessary, at its own discretion. This may be the case in particular if there is a conflict between the interests of the User and those of Legalify, one of its clients, employees, representatives or auxiliaries.
3.1 The User undertakes to provide Legalify, in a timely manner, with the necessary instructions, information and documents, which are deemed to be accurate and complete, in view of the performance of the Services.
3.2 The User also undertakes to provide Legalify with the information necessary to investigate the existence of conflicts of interest. This information must be provided at the request of Legalify.
3.3 All information relevant to the performance of the Services must be brought to Legalify's attention as soon as the User becomes aware of it. This includes information relating to the performance of the Services themselves or relevant to conflicts of interest.
3.4 The User undertakes to pay Legalify or, where applicable, any external service providers, the amounts due for the performance of the Services. Depending on the Services, these amounts may be due before or after the performance of the Service, in whole or in part.
3.5 The User undertakes to bear all costs associated with the performance of the Services or to reimburse Legalify or, where applicable, any external service providers, for any advances and expenses incurred in this connection, as well as to release them from any obligations they may have incurred.
4.1 Legalify is free to engage the services of any licensed notary of its choice, where this is deemed useful or necessary, at its own discretion, particularly in the context of company incorporations, registrations or amendments to the Trade Register.
4.2 Any incorporation of a company or registration of a sole proprietorship, as well as any registration or amendment to the Trade Register, is subject to the User providing Legalify, its employees, representatives, auxiliaries or an external service provider with the necessary, accurate and complete instructions, information and/or documents in good time.
4.3 Neither Legalify nor its employees, representatives, or auxiliaries, nor, where applicable, any external service providers, shall be liable if the User fails to provide the instructions, information, and/or documents necessary for the performance of the Services, or provides incorrect or incomplete instructions, information, and/or documents.
4.4 Prices indicated on Legalify.ch or when submitting a quotation in connection with company law, in particular company incorporation, registration of sole proprietorships, Trade Register registrations or amendments, include only the fees charged by Legalify and by a licensed notary, where applicable, to the exclusion of all other costs. In particular, Trade Register fees and the costs associated with opening a capital contribution account with a Swiss bank are not included in the prices quoted on Legalify.ch. These and all other costs are to be borne by the User.
4.5 Legalify reserves the right to retain the fees and expenses incurred in connection with any application for incorporation, registration of a sole proprietorship, registration or amendment to the Trade Register, where the User fails to transmit the instructions, information and/or documents necessary for the performance of the Services or transmits erroneous or incomplete instructions, information and/or documents.
5.1 The legal documents and contracts downloadable from Legalify.ch (hereinafter: the “Documents”) constitute documents drafted taking into account the applicable legal requirements and the specific purpose of each Document. Any modification of their text may alter their accuracy, their compliance with applicable legal provisions or their general scope, which the User expressly acknowledges.
5.2 Only certain points of the Documents, indicated as such, must be completed by the User, according to their needs and with the information available to him alone.
5.3 The User expressly acknowledges that any modification of the content of the Documents, other than those intended to supplement them in accordance with point 5.2, is carried out under the User's responsibility and at the User's risk and that neither Legalify, nor its employees, representatives or auxiliaries, nor external service providers, if any, assume any liability in such a case.
5.4 In some cases, documents may not be suitable for all legal situations, or may need to be supplemented. This is the case, for example, with employment contracts, for which additional clauses may be necessary when the profession to which it relates is protected by a collective bargaining agreement (CBA). In such cases, Legalify.ch may include an appropriate warning.
5.5 The User expressly acknowledges that certain Documents may not be suitable for all situations or may require additional information, and undertakes to read and heed the warnings on Legalify.ch.
6.1 When the User requests a telephone consultation via Legalify.ch, they are required to provide Legalify with all the information necessary to be contacted, including a valid telephone number and e-mail address. On the scheduled date, the User undertakes to be reachable on the telephone number provided to Legalify, at the time they requested the consultation.
6.2 Legalify accepts no liability if the User provides incorrect contact information or is unreachable at the date and time scheduled for a consultation. In such cases, a new telephone consultation may be arranged at a later date, subject to Legalify's availability.
6.3 Legalify reserves the right to retain the fees and expenses incurred for any request for a telephone consultation, if the User does not provide the information required to be contacted, provides incorrect information or is unreachable at the date and time scheduled for a consultation.
7.1 When the User requests an in-person consultation via Legalify.ch, they are required to provide Legalify with all the information necessary to be contacted, including a valid telephone number and e-mail address. On the scheduled date, the User undertakes to arrive at Legalify's offices at the time they requested the consultation.
7.2 Legalify accepts no responsibility if the User has provided incorrect contact information or fails to appear at Legalify's offices at the date and time scheduled for a consultation. In such cases, a new in-person consultation may be scheduled at a later date, depending on Legalify's availability.
7.3 Legalify reserves the right to retain the fees and expenses incurred for any request for an in-person consultation, where the User fails to provide the necessary information to be contacted, provides incorrect information or fails to appear at Legalify's premises at the date and time scheduled for a consultation.
8.1 A legal subscription ordered through Legalify.ch entitles the User to a certain number of hours of legal advice and services per month, depending on the type of subscription chosen.
8.2 Assistance and representation before civil, administrative, or criminal judicial authorities are not, in principle, included in the services provided under a legal subscription. However, these services may be the subject of a separate mandate agreement with Legalify’s lawyers.
8.3 When ordering a legal subscription, the User agrees to pay Legalify, on a monthly basis, the amount specified in the subscription. This amount must be paid at the end of each month for the following month.
8.4 Amounts paid to Legalify as part of a legal subscription are non-refundable. The hours to which the User are entitled each month by virtue of their subscription are automatically carried over to the following month if they are not used and are added to the hours of the latter month. If the User repeatedly fails to use the hours to which they are entitled under their subscription, Legalify reserves the right to suggest a less extensive legal subscription, potentially more suited to the User's needs.
8.5 If the User exceeds the number of hours to which they are entitled according to their legal subscription, the additional hours not included in the subscription will be invoiced at a rate agreed between the User and Legalify, in application of the usual applicable rates. Where the User repeatedly exceeds the hours to which they are entitled under their legal subscription, Legalify reserves the right to suggest a more extensive legal subscription, potentially better suited to their needs.
8.6 Any legal subscription may be terminated by the User at the end of any month by giving Legalify at least one month's prior written notice. Legalify may terminate any legal subscription at any time, at its own discretion.
9.1 The prices indicated on Legalify.ch are in Swiss francs (CHF) and do not include applicable taxes, such as value-added tax (VAT), unless expressly stated otherwise.
9.2 Legalify reserves the right to modify the prices indicated on Legalify.ch at any time, at its own discretion.
10.1 The User accepts that Legalify, its employees, representatives, auxiliaries or, where applicable, external service providers, may use unencrypted electronic means for their communications. In particular, the User accepts the use of email, video conferencing applications, fax, and similar electronic communication tools, and acknowledges that these means may involve risks, in particular that communications are intercepted or received by third parties, are modified or manipulated, are not received by their addressee or are received late, are infected by a computer virus or corrupted in any other way.
10.2 Legalify declines all responsibility for the risks mentioned under point 10.1.
10.3 The User expressly acknowledges that the information communicated to Legalify as part of the services provided may be recorded and kept in one or more forms defined by Legalify, at its own discretion, and kept for a period of ten years, at the end of which Legalify is entitled to destroy it.
11.1 All information provided by the User and acquired by Legalify in the course of providing legal advice or services is confidential, even after the relationship between the User and Legalify has ended.
11.2 Legalify is authorized to disclose confidential information under the following conditions:
a) the communication of confidential information is necessary for the exercise of a right or obligation arising from the advice or services to be provided by Legalify;
b) the communication of confidential information is required by law or by a decision of a competent judicial or administrative authority;
c) confidential information is or has become public other than as a result of a breach of obligations under the Terms and Conditions.
11.3 The Privacy Policy sets out how and for what purpose Legalify processes data collected through Legalify.ch. It is freely accessible on Legalify.ch.
12.1 Unless otherwise stated, all content on Legalify.ch is the property of Legalify and is protected by copyright and other applicable intellectual property laws.
12.2 Any commercialization, reproduction, transmission, printing or recording of any content (image, graphics, information, document, text, standard contract, etc.) present on Legalify.ch is prohibited, except with the express written authorization of Legalify.
12.3 The commercialization, reproduction, transmission, printing or recording of any content (image, graphics, information, document, text, model contract, etc.) obtained within the framework of the Services is prohibited, except with the express written authorization of Legalify.
13.1 The information on Legalify.ch does not constitute legal advice and is provided for information purposes only. Under no circumstances should Users base their decisions on this information.
13.2 In general, Legalify endeavors to include information on Legalify.ch that is correct at the time of publication. However, Legalify declines all responsibility for any errors or omissions on Legalify.ch.
13.3 Legalify is in no way responsible for the content of websites linked to Legalify.ch. Any reference to such websites is provided for information purposes only.
13.4 Legalify.ch and the information it contains are provided at Legalify's discretion and no access to it is guaranteed. Accordingly, Legalify disclaims all liability for damages resulting from inability to access Legalify.ch.
13.5 Legalify accepts no responsibility for the protection of data transferred via the Internet, whether by e-mail or when accessing Legalify.ch.
If any provision of the Terms and Conditions is invalid, the remaining provisions shall remain valid.
The provisions of points 10, 11, 12, 13, 14 and 16 remain applicable even after the relationship between the User and Legalify has ended.
16.1 The relationship between the User and Legalify is governed exclusively by Swiss law.
16.2 Any dispute relating to the Terms and Conditions, the Privacy Policy or the relationship between the User and Legalify shall be submitted to the exclusive jurisdiction of the courts of the Canton of Geneva, with appeal to the Federal Supreme Court being reserved.