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