Terms of use

Version applicable as from December 1st, 2020.

DEFINITIONS

 

In the context of these Terms of Use, the following terms shall have the meanings set out below:

 

Kulash LY: The Limited Liability Company Kulash LY, whose headquarter is located at 1190 Brussels, Avenue Minerve 37/25, registered with the Crossroads Bank for Enterprises under the number 0719.917.667, owner and operator of the websites www.welexit.be and www.welexit.com.

 

Website: The Website, which is accessible via www.welexit.be and www.welexit.com, managed by Kulash LY and via which the Lawyer may, in particular, submit a Contact Request and the Customer may, in particular, submit a Request for Services.

 

User: Any person who visits the Website, including subscribed Clients and Lawyers. 

 

Request for Services: Request through which the Client informs Kulash LY of a legal need and his wish to receive data of one or more Lawyers who would like to assist him with this need.

 

Contact Request: Request through which the Lawyer indicates to Kulash LY that he wishes to be contacted in order to discuss the services offered via the Website and, if applicable, to submit a Subscription Request. 

 

Subscription Request: Request through which the Lawyer informs Kulash LY of his wish to subscribe to one of the subscription formulas allowing him to benefit from the paid services offered via the Website.

 

Client: Any User having submitted a Request for Services to Kulash LY.

 

Lawyer: A person who is regularly registered with a bar association, who advises in legal matters, assists or represents his clients in court.

 

Subscribed Lawyer: The Lawyer, practicing as a natural or legal person, who contracts with Kulash LY in order to benefit from the paid services offered via the Website.

 

ARTICLE 1: CORPORATE IDENTITY

 

  1. The services referred to in these Terms of Use are offered by:

 

Kulash LY SRL (hereinafter: “Kulash LY”)

Avenue Minerve 37/25

1190 Brussels

Belgium

 

E-mail address : info@welexit.com  

Phone number : +32 (0)2 781 03 32

Company registered in : Brussels (Belgium)

Company number : 0719.917.667

VAT number : BE0719.917.667

 

ARTICLE 2: SCOPE OF APPLICATION & CONTRACTUAL CONDITIONS 

 

2.1. These Terms of Use apply to each use of the Website and each time a User expresses his wish to benefit from one or more of the services offered by Kulash LY.

 

2.2. Before submitting a Request for Services or a Contact Request via the Website, the User is requested by Kulash LY to read and, subsequently, in case of full and unreserved agreement, to accept these Terms of Use. By finalizing the request, the User confirms that he/she has previously read and accepted these Terms of Use, which will then be considered as an integral part of the contractual relationship with Kulash LY.

 

2.3. In the event that, in addition to these Terms of Use, special terms and conditions are applicable, these Terms of Use shall also apply to such special terms and conditions. In case of contradiction with these Terms of Use, the provisions of the special terms and conditions shall apply. 

 

2.4. In case the User has his own terms and conditions or other contractual documents, by entering into a contract with Kulash LY, the User expressly acknowledges that only these Terms of Use apply and that he waives his own terms and conditions and/or contractual documents (the entire agreement).

 

ARTICLE 3 : SUPPLY AND DEMAND OF SERVICES 

 

3.1. The User acknowledges that Kulash LY’s offer contains a complete and precise description of the services offered by Kulash LY and the ordering methods enabling the User to benefit from them. The description is sufficiently detailed to enable the User to properly evaluate the offer.

 

3.2 Kulash LY offers non-lawyer Users services that consist in putting them in contact with one or more lawyers who would be able to assist them with their legal needs.

 

3.2.1. The Non-Lawyer User enters into a contract with Kulash LY by submitting a Request for Services on the Website, by email, via an instant messaging system or by telephone.

 

3.2.2. The contract is concluded as from the moment the Request for Services is expressly confirmed by Kulash LY.

 

3.3 Kulash LY offers Lawyers services which consist in providing clientele, it being understood that, when a Client submits a Request for Services to Kulash LY, the latter communicates to him the contact details of one or more Subscribed Lawyer(s) whose profile seems to correspond to the legal needs of the Client.

 

3.3.1 Only natural persons or legal entities practising as Lawyers may contract with Kulash LY to benefit from the services offered via the Website.

 

3.3.2. By agreeing with Kulash LY, the User acknowledges that he/she is validly exercising the profession of Lawyer.

 

3.3.3. The contract is concluded from the moment the registration is expressly confirmed by Kulash LY.

 

ARTICLE 4: PROVISIONS APPLICABLE TO CUSTOMERS

 

Articles 5 to 8 of these Terms of Use apply exclusively to Customers.

 

ARTICLE 5: DEMAND FOR SERVICES

 

5.1. A Request for Services can be submitted in several ways, including by email, telephone, via an instant messaging system or the form on the Website.

 

5.2. A Service Request is considered to have been submitted as soon as it is expressly confirmed by Kulash LY.

 

5.3. By submitting a Service Request, the Client acknowledges, in particular, that he authorises Kulash LY to communicate all the data communicated in the context of the submission of the Service Request to as many Lawyers as Kulash LY deems useful.

 

5.4 Kulash LY reserves the right to refuse a Request for Services at its own discretion. In such a case, the Client will be informed within 7 days of the Service Request submission. In addition, the Client will not be entitled to any compensation.

 

ARTICLE 6: OBLIGATIONS AND GUARANTEES

 

6.1. The Customer guarantees that all information that he transmits to Kulash LY is correct, accurate and complete.

 

6.2. The Customer indemnifies Kulash LY against any claim by a third party and against any conviction in favour of a third party resulting, directly or indirectly, from the breach of one or more of the Customer’s obligations, including those contained in this article.

 

This guarantee shall in particular consist of the assistance of Kulash LY in any legal proceedings and the compensation of all damages suffered by Kulash LY, including, at least, all amounts to be paid by Kulash LY to the third party(ies).

 

ARTICLE 7: FREE SERVICES

 

7.1. The services offered by Kulash LY to non-lawyer Users are entirely free of charge. 

 

ARTICLE 8: PROVISIONS APPLICABLE TO LAWYERS

 

Articles 9 to 12 of these Terms of Use apply exclusively to Lawyers.

 

ARTICLE 9: SUBSCRIPTION REQUEST

 

9.1. A Subscription Request can be made in several ways, including by email, by telephone, via an instant messaging system or the form on the Website.

 

9.2. The contract is considered established as from the moment Kulash LY informs the Lawyer confirming the final acceptance of his Subscription Application.

 

9.3. Kulash LY reserves the right to refuse, at its discretion, a Subscription Application. In such a case, the Lawyer will be informed within 7 days from the date the Application is submitted.

 

9.4. Kulash LY has the right to communicate to its Clients the contact details of a Lawyer whenever it considers that the profile of this lawyer could suit the Client’s legal needs.

 

ARTICLE 10: OBLIGATIONS AND GUARANTEES

 

10.1. The Lawyer guarantees that all the information he transmits to Kulash LY is correct, accurate and complete.

 

10.2. The Subscribed Lawyer guarantees that he has the right to make use of the communicated means of payment for the payment of the amounts due under the contract.

 

10.3. The Subscribed Lawyer undertakes to inform Kulash LY, in writing and within 10 calendar days, of any change in his contact details (change of law firm, change of e-mail address, …).

 

10.4. If the Subscribed Lawyer ceases to practice law, he undertakes to inform Kulash LY without delay, and at the latest on the day before the day on which such cessation becomes effective. Termination” refers to any situation in which the Subscribed Lawyer no longer bears the title of Lawyer or can no longer present himself as a Lawyer vis-à-vis third parties.

 

10.5. The Lawyer indemnifies Kulash LY against any request from a third party (including Kulash LY’s Clients) and any conviction in favour of a third party resulting, directly or indirectly, from the breach by the Lawyer of one or more of his obligations, including those contained in this article.

 

This guarantee shall particularly consist of the assistance of Kulash LY in any legal proceedings and the compensation of all damages suffered by Kulash LY, including, at least, all the amounts that Kulash LY must pay to the third party or parties.

 

ARTICLE 11: PRICE AND PAYMENT

 

11.1. By subscribing to a subscription, Kulash LY will communicate to its Clients the contact details of the Subscribed Lawyers.

11.2. The price of the subscription is that indicated on the Website at the time of the Lawyer’s registration.

11.3. If, at the time of registration, Kulash LY offers the Lawyer a free trial period, the subscription price will be automatically debited or due (if it cannot be debited automatically), at the end of this trial period.

No amount will be debited/due if the Subscribed Lawyer terminates the contract during the trial period. However, the Lawyer will not be able to benefit from a trial period in the future, if he decides to contract again with Kulash LY.

11.4. At the time of registration, the Lawyer provides the details of a valid means of payment, which allows Kulash LY to debit the subscription price.

By contracting with Kulash LY, the Subscribed Lawyer grants Kulash LY, and/or any third party acting in its name and/or on its behalf, the right to periodically debit, according to the chosen subscription package, the bank account (in the broadest sense: account, credit card, …) up to the price of the chosen subscription.   

The price of the subscription will be due and debited at the time of registration or, where applicable, at the end of the trial period, and throughout the contract, each month, on the anniversary date of the subscription.

11.5. The Subscribed Lawyer may, at any time, change his means of payment in his personal space on the Website.

If the Subscribed Lawyer cannot or does not succeed, for any reason whatsoever (non-existent module, technical problem, …), to modify his payment details directly via the Website, he undertakes to inform Kulash LY without delay, and at the latest 3 working days before the date on which the next payment is due.

11.6. If Kulash LY, or any third party acting in its name and/or on its behalf, fails to debit the subscription price due to insufficient funds or for any other reason, Kulash LY reserves the right to suspend its obligations and/or all or part of the services offered via the Website, until full payment of the amounts due and/or the communication by the Subscribed Lawyer of a valid means of payment. 

Moreover, the amounts due shall, by operation of law and without prior formal notice, be increased by interest calculated at the rate of 1% per month, with the understanding that each month commenced shall be considered as due in its entirety.

11.7. The Subscribed Lawyer has a period of 8 calendar days to contest an invoice, such that the contestation must reach Kulash LY at the latest on the 8th calendar day following the day of sending the invoice to the Subscribed Lawyer. To be valid, the complaint by the Subscribed Lawyer must be made in writing and must state the reasons for the complaint. 

If no reasoned objection is received within this period, the Subscribed Lawyer will automatically be considered to have accepted the invoice. 

No claim or dispute shall entitle the suspension of the payment of undisputed amounts.

ARTICLE 12: TERMINATION OF THE CONTRACT

 

12.1. The parties to the contract may, at any time and without justification, terminate the contract binding them by giving written notice to this effect to the other party by letter or e-mail, or via the unsubscription process that may be present on the Website. 

 

In this case, the contract will end on the anniversary date of the current subscription or, where applicable, at the end of the trial period.

 

The amounts paid or due for the past and/or the current period, therefore, remain due in full. 

 

In general, the termination of the contract by one party does not release the parties from the obligations incurred during the contractual relationship.

 

12.2. Without in any way limiting the rights of Kulash LY, and without prejudice in particular to (1) the right of Kulash LY to claim full compensation for any damage suffered and (2) the obligations and warranties of the Subscribed Lawyer contained in article 10 of the Terms of Use, Kulash LY may unilaterally terminate the contract binding it to the Subscribed Lawyer and refuse any subscription Request from the Lawyer, in particular, if :

 

  • The Subscribed Lawyer was not validly practising law at the time he entered into the contract with Kulash LY;
  • The Subscribed Lawyer is no longer practising and has failed to inform Kulash LY in violation of Article 10.4. of the Terms of Use;
  • The Lawyer acts or is suspected of acting in a manner contrary to the interest of the Website and/or Kulash LY (violation of ethical or legal rules; disrespect towards other Lawyers; illegal or dishonest use of the Website and/or the services offered by Kulash LY; risk of damage to third parties; etc.).

 

In the event of termination or refusal of an order by Kulash LY for one of the reasons listed above, the Lawyer will not be entitled to any compensation or reduction in the subscription price.

 

Moreover, the amounts paid or due for the past and/or the current period remain due in full.

 

As a general rule, the termination of the contract by Kulash LY does not release the Subscribed Lawyer from the obligations incurred during the contractual relationship.

 

In the absence of evidence to the contrary, Kulash LY shall be deemed to have become aware of a situation listed above on the day on which it sends a communication to the Lawyer stating the same.

 

ARTICLE 13: GUARANTEE AND LIABILITY OF KULASH LY 

 

13.1. Kulash LY’s role is limited to providing the Client with the contact details of one or more Lawyers whose profile appears to correspond to the Client’s legal needs.

 

13.2. Kulash LY cannot guarantee to the Subscribed Lawyers that it will find clients for them.

 

Kulash LY limits itself in communicating to the Client the contact details of one or more Lawyers whose profile seems to correspond to the legal needs of the Client.

 

The Client is free to contact the Lawyer of his choice. He is also free not to contact any of the Lawyers proposed by Kulash LY.

 

13.3. Kulash LY undertakes an obligation of means. It cannot be held liable for any damage, direct or indirect, suffered by the User or by third parties.

 

13.4. Kulash LY cannot be held liable for the faults or shortcomings of the Client or the Lawyer with whom Kulash LY has put the Client in contact.

 

13.5. Kulash LY cannot be held liable for the consequences of the temporary unavailability of the Website or its customer service.

 

13.6 Kulash LY shall, in particular, not be liable for any damage which is the direct or indirect consequence of incorrect or missing information from the Client or the Lawyer.

 

13.7 Kulash LY shall only be liable for fraud or gross negligence.  Therefore, except in case of fraud or gross negligence, Kulash LY shall not be liable to the User and/or any third party acting in its name and/or on its behalf and/or for the direct or indirect benefit of the User.

 

13.8. In all cases where Kulash LY can be held liable, the compensation required or due as a result of such liability shall in no event exceed the amounts paid to Kulash LY by the User.

 

ARTICLE 14: INTELLECTUAL PROPERTY

 

14.1 In general, the fact of using the Website, submitting an application or entering into a contract with Kulash LY does not grant or transfer any intellectual property rights to the User.

 

14.2 The User is prohibited from making use of and/or making changes to the elements of the Website, such as reproducing them without the express prior written authorisation of Kulash LY.

 

ARTICLE 15: PROCESSING OF PERSONAL DATA

 

15.1 Kulash LY collects personal data of the User. In this respect, Kulash LY invites the User to read its Privacy Policy, available on the Website. 

 

This Privacy Policy is an integral part of these Terms of Use.

 

ARTICLE 16: COMPLAINT PROCEDURE

 

16.1. In case the Client or the Lawyer (hereinafter: the “Complainant”) considers that Kulash LY does not perform or improperly performs one or more of its contractual obligations, it undertakes to inform Kulash LY thereof by email.

 

16.2. In such circumstances, Kulash LY shall have a period of 15 working days from receipt of the notification referred to in Article 16.1. to remedy such failure(s) and/or to inform the Complainant of the reason why the obligation(s) has/have not (or not properly) been performed.

 

16.3. In the case where Kulash LY sends the notification referred to in Article 16.2, the Complainant shall state its position concerning the explanation provided by Kulash LY. Kulash LY shall then have a further period of 15 working days from the receipt of such notification to remedy the breach(es) and/or to inform the Complainant of the reason why the obligation(s) has/have not (or not properly) been performed.

 

16.4. The Complainant acknowledges that it will not take any legal action without the notifications referred to in Articles 16.1. and 16.3. and before the expiry of the time limits referred to in Articles 16.2. and 16.3. of this Article.

 

16.5. The Client or the Lawyer acknowledges that if he acts in violation of all or part of this article, he shall be considered to be in breach of the law and his claim in court shall be considered null and void, inadmissible or, at least, unfounded.

 

ARTICLE 17: NULLITY OF A PROVISION AND COMPLETENESS OF THE CONTRACT

 

17.1. These Terms of Use constitute the entire agreement between Kulash LY and the User, unless otherwise expressly agreed in writing and with the consent of the parties.

 

17.2. If any provision (article, item or paragraph) of these Terms of Use is unlawful, void or unenforceable for any reason, such provision shall be considered separate and distinct from these Terms of Use and shall not affect the validity or enforceability of the remaining provisions. 

 

Thus, on the one hand, if one or more entire article(s) is/are illegal, void or not likely to be invoked, this shall in no way influence the validity and enforceability of the other articles and, on the other hand, if only one or more points (part of an article) or paragraph(s) (part of a point) is/are illegal, void or unenforceable, this shall in no way affect the validity and enforceability of the remaining points and paragraphs.

 

Furthermore, in such a case, Kulash LY and the User undertake to replace the illegal, void or unenforceable provision by a provision which pursues the same purpose as this provision and, as far as possible, equivalent effects, to restore the contractual balance.

 

ARTICLE 18: GENERALITIES

 

18.1. The fact that a special condition deviates from one of the provisions of this conditions does not exclude the application of the other provisions. 

 

18.2. The headings of the clauses of the Terms of Use serve only to facilitate their reading and cannot be used for any interpretation.

 

Words in the singular shall also be understood in the plural and vice versa, and the masculine gender includes the feminine gender.

 

Other grammatical forms of a word or expression defined in these Terms of Use have a corresponding meaning.

 

18.3. Unless otherwise stated, all prices and methods of price determination are in Euro.

 

18.4. The fact that Kulash LY does not implement any of the clauses established in its favour in these Terms of Use cannot be interpreted as a waiver by Kulash LY of its right to rely on them. 

 

ARTICLE 19: APPLICABLE LAW AND ELECTION OF FOR

 

19.1. Without prejudice to Article 19.2, these Terms of Use are subject to Belgian law.

 

19.2. The contractual relationship between Kulash LY and the Client or the Subscribed Lawyer is subject to Belgian law. 

 

19.3. Without prejudice to article 19.4, any dispute arising from these Terms of Use shall fall within the exclusive competence of the French-speaking courts of the district of Brussels.

 

19.4. Any dispute arising from the contract between Kulash LY and the Client or the Subscribed Lawyer, its conclusion, interpretation, execution, non-fulfilment or dissolution, its consequences and aftermath, shall fall within the exclusive jurisdiction of the French-speaking courts of the district of Brussels.

 

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