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| Welcome to Legally Smart! Thank you for using our products and services (“Services”) on www.legallysmart.net (“Legally Smart” or the “Website”). These Services are provided by Metar Consultancy Pte. Ltd. (UEN: 201718827R) (“MCPL”, “our”, “us” and “we”).By using our Services, you are agreeing to these terms (“Terms of Use”). Please read them carefully as you are entering into a legally binding agreement with us by using our Services. | |
| 1. | About Us |
| 1.1 | Legally Smart is a website established to connect you with conveyancing and property lawyers. We may in future modify, amend, add or remove services, including connecting you with lawyers specialised in areas other than conveyancing and property law. |
| 1.2 | Using the search fields in Legally Smart, you will be able to filter your search for a lawyer by expertise or language and find one within our database that may suit your legal needs. There are also options for you to further refine your search to get more targeted results. |
| 1.3 | Legally Smart does not offer or provide any legal advice, and MCPL is not a law firm and none of MCPL’s directors, officers, employees, agents or subcontractors are offering or providing legal advice. Our service to you is to connect you with a lawyer, and we are not a party to any engagement letter or agreement between you and a lawyer we connect you to. We are not responsible for any legal advice you may receive, nor for any loss or damage you may sustain from relying on the advice or services from any lawyers or law firms which you may have connected with using our Services. |
| 2. | Acceptance of the Terms of Use
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| By accessing and/or using the Website and our Services you agree to accept and be bound by the Terms of Use. If you do not wish to be bound by the Terms of Use, please do not use our Services. | |
| 3. | Changes to the Terms of Use, Services and Prices |
| 3.1 | We may change these Terms of Use and our Privacy Policy on one or more occasions. Any changes shall be effective when posted on our Website or when you are reasonably notified by other means. If you do not wish to be bound by such change, please stop using the Service before the change becomes effective. Your continued use of the Service after the change becomes effective indicates your agreement to the change. We strongly advise you to review our Website and/or the Terms of Use on a regular basis to ensure you understand all terms and conditions governing use of our Services. |
| 3.2 | We may also change, suspend or terminate any of our Services and/or the fees or prices for any or all of our Services (if applicable) at any time and to the extent allowed under the law. |
| 4. | Acceptance of Privacy Policy |
| Our privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By accepting our Terms of Use, you also agree to accept our Privacy Policy. | |
| 5. | Eligibility |
| 5.1 | By using our Services, you confirm that you are at least 18 years old. |
| 5.2 | You warrant that by using our Services you are fully able and competent to accept and comply with these Terms of Use. |
| 5.3 | You agree that if you are restricted by us from registering or using our Services, you shall immediately cease to use our Services and you shall not continue access our Website or Services unless we have given you written notice that we have lifted such restriction. |
| 5.4 | If you are accessing or using our Services on behalf of a business entity (whether a sole proprietorship, partnership, company or any other body corporate), you represent and warrant that you have the authority to bind that entity to these Terms of Use. In such an event and for the purposes of these Terms of Use, “you” and “your” shall refer to that business entity. |
| 6. | Definitions |
| Account means the account you opened with us for the provision of the Services. Billing Account means the payment account linked to your registered account on Legally Smart. Confidential Information means any and all proprietary information labelled as “confidential” or which a reasonable person would regard as confidential information, including Personal Data, business plans, financial reports, quotations, price lists, customer lists and other customer information, descriptions of manufacturing processes, and product development and marketing plans. Content includes information, data, text, messages, writings, articles, responses, business profiles, photographs, videos, audio clips, software, scripts, graphics and interactive features generated, or other materials provided or otherwise made accessible on or through our Services including Content that you choose to provide, submit or transmit through our Services. Intellectual Property Rights includes all the worldwide patents, copyright, design rights, trade marks, and other right, title and interest in and to the Services and Legally Smart, text, pictures, applications, videos, graphics, user interfaces, logos, programs, platforms, and software that we use to provide the Services and in all Content. Paid Services means Services that require the payment of fees. Payment Processor means a Third Party Service Provider appointed by us to process your credit and/or debit card payments on behalf of a bank. Personal Data means any data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which we have or are likely to have access, including data in our records as may be updated from time to time. Examples of such Personal Data include an individual’s name, NRIC, passport or other identification number, telephone number(s), residential address, email address and any other information relating to any individual which you provide to us. Services means the provision of a search portal through Legally Smart and/or any other services and apps provided by us. Territory means the country in which you live in (or if you are a business entity, the country in which your principal place of business is). Terms of Use and/or Terms means the terms and conditions set forth herein that govern your access to and use of Legally Smart and/or Services which may be modified, amended or replaced by us from time to time at our sole discretion. Third Party Services means Services that may be provided by or may incorporate the services provided by Third Party Service Providers. Third Party Service Provider means any third party service provider, including a payment processor, other entities supplying services which are necessary in order for us to provide the Services and/or any third party service provider which we are in Content partnership with. Unpaid Services means any service, website and app provided by us that are not Paid Services. User ID means any logical entity provided or generated by us which is used to identify you as a unique user of our Website, its network and applications and Services. Password means any string of characters used to authenticate or verify your identity in conjunction with your User ID. We and/or us means Metar Consultancy Pte. Ltd. Your Content shall include Content that you choose to provide to us through any form including web forms within Legally Smart, emails to us and in your conversations with any of our employees and/or agents, and any Content submitted to Third Party Service Providers that may be transmitted through us. You confirm that Your Content does not contain any Confidential Information and any use by us will not lead to a breach of confidence on our part, subject to the relevant data privacy laws within your Territory including the Personal Data Protection Act 2012. | |
| 7. | Registration |
| You must first register and create a User Login ID and password on order to provide, submit or transmit Content to Legally Smart and to use our Services other than browsing the Website. We reserve the right to restrict your access to other areas of Legally Smart, or the entire Website, at our discretion. | |
| 8. | Obligation to Provide True and Accurate Information |
| When registering to access and use the Services, you agree to provide us with true, accurate, current and complete information and details and other information that we may reasonably require to provide you with the Services. You also agree to keep your contact information up to date. Any false or intentionally misleading or information provided by you during the registration process or during your use of our Services will entitle us to immediately terminate your account without any prior notice. | |
| 9. | Use of Your Information |
| 9.1 | By registering, you consent to us using any Personal Data which you provide for the purposes set out in our Privacy Policy and for all uses ancillary thereto for which your consent may reasonably be implied. |
| 9.2 | Save that we will comply with the relevant data privacy laws within your Territory including the Personal Data Protection Act 2012, nothing in these Terms of Use shall be deemed to impute an obligation of confidentiality on us with respect to your registration information and the Content. If required by law (including a court order and a government or regulatory demand or requirement having the force of law), we will disclose such information, including your registration information, as so ordered. |
| 10. | Obligation to Keep your Account Secure |
| 10.1 | If we provide you with or if you generate a User ID and Password to enable you to access Legally Smart or other Content or Services, you must ensure that your Password is kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of the Account or Password. You agree that the Account will be used by you only and will not be shared with or transferred to others. |
| 10.2 | You will keep your Password confidential and ensure the Account is for your own use. |
| 11. | Non-Availability of Content |
| 11.1 | We are not obliged nor required to maintain, keep or provide copies of any Content or Your Content, except as required by law and as provided for in our Privacy Policy. |
| 11.2 | If you wish to obtain a copy of any of Your Content, then subject to the Terms of Use and any other applicable law, we will endeavour to provide you with such information on condition that you agree to bear our reasonable costs (including administrative costs). |
| 12. | Restrictions on Use |
| 12.1 | You shall not use the Website and our Services in any manner inconsistent with these Terms of Use; |
| 12.2 | You will not copy any Content or use the Services for any other purpose save for the specific purpose of searching for, contacting and/or supplying information to suitable lawyer(s) to furnish you with professional legal advice; |
| 12.3 | You will not copy or use the Content for use with a service deemed competitive by us; |
| 12.4 | You will not copy, modify or create derivative works of our Content and/or Services; |
| 12.5 | You will not use our Website or access our Services for the purposes of sending spam or other unwelcomed communications to others, or for unlawful, defamatory, libellous, abusive, discriminatory or otherwise objectionable purposes; |
| 12.6 | You will not disclose information that you do not have the right to disclose (for example personal particulars of other parties unless you have the express consent to supply such information on their behalf); |
| 12.7 | You will not use any device, software, scripts, bots, crawlers, routines or any other means and processes that interferes with any application, function, or use of the Services, or is intended to scrape, damage, interfere with, surreptitiously intercept, copy, extract or expropriate any system, data, or communication from the Services or the Website; |
| 12.8 | You will not upload or submit to or through the Website or the Services any corrupted files or files that contain trojan horses, worms or viruses, or any other item that may damage the operation of a computer or other electronic device; |
| 12.9 | You will not sell, sublicense, or otherwise share the Services (or attempt or purport to do so) with any third party; |
| 12.10 | You will not frame or mirror the Services or the Website; |
| 12.11 | You will not decompile, disassemble or reverse-engineer the underlying software or application that forms part of the Services or otherwise attempt to derive its source code; |
| 12.12 | You will not use the Services either directly or indirectly to support any activity that is illegal and/or immoral including infringing our Intellectual Property Rights or that of others; |
| 12.13 | You will not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; |
| 12.14 | You will not override any security feature of our Services; and |
| 12.15 | You will not instruct, authorise, encourage or otherwise assist any third parties to do any of the above. |
| 13. | Content and Intellectual Property Rights |
| 13.1 | You must ensure that all Content provided is accurate, timely, complete and current and complies with the relevant laws and/or regulations of the relevant jurisdictions. The Content you provide when you request for quotations must have sufficient information to enable the lawyer to respond accurately. Failing to do so may result in the lawyer having to revise their quotes. You will not provide, submit or transmit any Content through our Services that you know or have reason to believe is false, intentionally misleading, defamatory, offensive, infringes third party rights or contains Content that is unlawful or contravenes any law. You also warrant that (i) you are the sole legal and beneficial owner of and own all rights and interests in your Content and (ii) no third party has any rights, title and interests, including all intellectual property rights in your Content. |
| 13.2 | You undertake to keep us and our affiliates, officers, agents, partners, and employees indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of Your Content you provide or submit to or transmit through Legally Smart or Services, or your infringement of any rights of another as a result of the provision, submission of transmission of Your Content through Legally Smart or Services. |
| 13.3 | You are solely responsible for and assume all risks for any Content posted or supplied by you to Legally Smart and agree that we have no control over the Content and its veracity, completeness, and currency. Save for Personal Data required from you for purposes of the registration of the Account and for the request of quotations, you must ensure that all Content provided by you does not contain any information that personally identifies third parties without their consent and complies with the relevant data privacy laws of the relevant Territories including the Personal Data Protection Act 2012. |
| 13.4 | When you provide, submit or transmit Your Content to us for the purpose of it being used on Legally Smart or via the Services, including messages and sharing of information with other third parties (including Third Party Service Providers) through the Services, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license to use, host, store, cache, reproduce, publish, display, distribute, transmit, modify, adapt, and create derivative works of Your Content, without any further consent, notice and/or compensation to you or others, subject to the relevant legislations. |
| 13.5 | You may terminate the non-exclusive licence for specific portion of Your Content by deleting it from the Services, or do so generally by closing the Account and/or by the termination of this agreement, except (a) to the extent that Your Content has already been shared with others as part of the Services and they copied or stored it and (b) for a reasonable period of time we require to remove from backup and other systems. |
| 14. | Third-party Content |
| 14.1 | All Content transmitted through the Services is the sole responsibility of the person from whom such Content originated. We do not verify the veracity of nor do we validate or endorse any Content posted or supplied by you, or the lawyers or any third party provided to us. We assume no responsibility for the content of websites linked on Legally Smart. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. |
| 14.2 | You acknowledge you are solely responsible for evaluating all risks associated with the access, use, accuracy, usefulness, completeness, appropriateness or legality of any Content conveyed through the Services. |
| 14.3 | If you dispute any Content or feel that the Content is false, intentionally misleading, defamatory or offensive, you may communicate directly with us for the purposes of verifying the Content or taking down the Content. We can be contacted at ask@legallysmart.net. |
| 15. | Right to Remove Content |
| We reserve the right to, but do not have any obligation to, remove any Content from Legally Smart at any time, and for any reason, without notice. | |
| 16. | Intellectual Property Rights |
| 16.1 | We own all Intellectual Property Rights, except those pertaining to Your Content. These Terms of Use do not convey any proprietary interest in or to our Intellectual Property Rights or entitlement to the use thereof, save for the specific purpose of searching for and/or connecting with suitable lawyer(s) to furnish you with professional legal advice. |
| 16.2 | You acknowledge that as a result of using the Services, you may from time to time, gain access to Confidential Information, including the prices for Paid Services (if any). |
| 17. | Confidential Information Received By You |
| 17.1 | You agree to hold all Confidential Information you receive as a result of using the Services in strict confidence and, unless required by law, not to make the Confidential Information available to any third party or to use or exploit the Confidential Information for any purpose other than in accordance with these Terms of Use. |
| 17.2 | You warrant that you will protect Confidential Information from unauthorised use, access, or disclosure by third parties and apply the same security measures and degree of care to the Confidential Information as you would use to protect your own confidential and proprietary information of a similar nature. If you are a business entity, you warrant that you will take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by your employees, officers, partners, or agents in breach of these Terms of Use. |
| 17.3 | Your obligations in this clause shall remain in effect and shall survive termination of these Terms of Use, except to the extent that (a) such Confidential Information becomes generally available to the public other than as a result of unauthorised disclosure by you, (b) such Confidential Information has been released by us or such other relevant disclosing party to another person or entity without restriction or (c) such Confidential Information is required to be released by law, pursuant to an order of court, provided that you notify us in writing as soon as reasonably possible. |
| 18. | Availability of Service and Access
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| 18.1 | We will endeavour to ensure that Legally Smart and the Services are available at all times. Notwithstanding the foregoing, we (a) do not warrant that your use of the Services will be uninterrupted or error-free or that defects will be corrected; or that the Services will meet your requirements; and (b) are not responsible for any delays or delivery failures. |
| 18.2 | You acknowledge that the Services may be subject to failures, limitations, delays and other problems inherent in the use of such communications facilities. |
| 19. | Payment Terms |
| 19.1 | Some of the Services require payment of fees (the “Paid Services”). All fees are stated in Singapore dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges. |
| 19.2 | Purchases of Paid Services are final and non-refundable, except at our sole discretion and in accordance with the terms governing each Paid Service. Termination under this Terms of Use may result in forfeiture of purchased Paid Services. |
| 19.3 | We may change prices of any unpurchased Paid Services at any time. To the extent applicable, we will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase. |
| 20. | Payment Process |
| 20.1 | We use a Payment Processor to bill you through a payment account linked to your Billing Account. |
| 20.2 | By making use of these payment services on Legally Smart you agree to be bound by terms as laid down from time to time by the Payment Processor and hereby consent and authorise us to delegate the authorisations and share information you provide to us with our Third Party Service Provider to the extent required to provide the Paid Services to you. We may change a Payment Processor at any time and if so, we will inform you of the terms of the new Payment Processor. |
| 20.3 | The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. |
| 21. | Third Party Service Providers |
| 21.1 | You acknowledge that we may engage and incorporate the services of Third Party Service Providers to assist in providing and/or enhancing the Services. You hereby consent and authorise us to delegate the authorisations you provide to us to such Third Party Service Providers as we deem necessary to provide the Services to you. |
| 21.2 | Your use of certain Services may be provided by or may incorporate the services provided by Third Party Service Providers (“Third Party Services”). The use of Third Party Services may require your agreement to certain additional terms and conditions provided by the applicable Third Party Service Provider. These additional terms and conditions will be made available to you when, and if, you use the Third Party Services. |
| 21.3 | You acknowledge that Third Party Service Providers are independent contractors as stipulated and we do not provide, or exercise any control or oversight over the performance of Third Party Service Providers in providing the Third Party Services to you. You also acknowledge we are not responsible for any activity occurring within Third Party Services, even if logged in through or linked to our Site. In the event the performance of Third Party Services requires disclosure to and/or access of Your Content, you agree that you will not hold us responsible for any breach on the part of the Third Party Service Providers, including but not limited to losses and/or damages suffered by you arising out the disclosure and/or access of Your Content by the Third Party Service Providers. |
| 21.4 | You also acknowledge and accept that a Third Party Service Provider may change, modify or discontinue, temporarily or permanently, any Third Party Services used by you, without notice to you. We will use our best endeavours to provide notice to you within a reasonable period of time if and when we become aware of such change, modification, suspension and/or discontinuance of Third Party Services. |
| 21.5 | You acknowledge that we may engage and incorporate the services of Third Party Service Providers to assist in providing and/or enhancing the Services. You hereby consent and authorise us to delegate the authorisations you provide to us to such Third Party Service Providers as we deem necessary to provide the Services to you. |
| 22. | Limitation of Liability |
| 22.1 | Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. |
| 22.2 | To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to: (i) Legally Smart or any Content on it, whether express or implied; and (ii) The quality, reliability, timeliness or accuracy of Services provided by or through Third Party Service Providers |
| 22.3 | To the extent permitted by law, we shall not be liable for: (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, sales, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services, our website and/or mobile application ; (d) damages arising out of your relationship with any lawyer found through the Services and/or the legal services or advice obtained from said lawyer, including any and all professional negligence claims; (e) damages relating to your access to, use of, or inability to access or use Services provided by or via any Third Party Service Provider, including any misappropriation and/or misuse of your Content and/or other information by any Third Party Service Provider; and/or (f) damages in any manner relating to any Content. |
| 23. | Termination of Unpaid Services |
| 23.1 | If you have not subscribed to any Paid Services, either party may terminate this agreement at any time without notice and without reason. Upon termination, your right to access and use the Services will automatically terminate, and you may not continue to access or use the Services. |
| 23.2 | If you have subscribed to Paid Services, either party may terminate this agreement (a) with notice via email to the other if the subscription period has not ended or (b) without notice to the other upon the expiry of the subscription period. |
| 23.3 | However, in the circumstance stated above, there is no need for us to furnish notice to terminate or temporarily suspend your access to the Services in the event that: (a) you breach any material provision of this Terms of Use that, (if it is capable of being cured) is not cured within 10 days from notice to you or (b) we determine that your actions are likely to cause legal liability for us or that you have misrepresented any data or information required by us to provide you with the Services or at any other time (c) we become aware that you are no longer (i) licensed or authorised to practice law or (ii) maintaining professional liability insurance, if required, in accordance with the laws in your Territory or (c) you refuse to make payment of fees accrued despite two written reminders from us. You agree to waive your right to pursue any costs, losses, damages, or liabilities arising out of or related to our temporary suspension and/or termination of your access to Legally Smart and/or Services as a result of this clause. |
| 24. | Certain Rights, Obligations and Clauses Survive Termination |
| 24.1 | Regardless of whether the subscription period has ended, fees for the entire subscription period will not be pro-rated and not be refunded and shall be considered accrued and due on the day your request for subscription is accepted by us. |
| 24.2 | Termination of these Terms shall not affect the following clauses: 12, 13, 18, 19, 20, 22, 23, 25, 26, 27, 28, 29, 30 and 31. |
| 25. | Governing Law & Jurisdiction and Dispute Resolution |
| 25.1 | These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Singapore. |
| 25.2 | The courts of Singapore have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms of Use, including a dispute regarding the existence, validity or termination of these Terms of Use. |
| 26. | Waiver |
| Our failure to enforce any right, remedy or provision of these Terms of Use or provided for by law will not be considered a waiver of those rights, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. | |
| 27. | Severance |
| If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms. | |
| 28. | Entire Agreement |
| These Terms of Use constitute the entire agreement between the parties and supersedes all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between them relating to its subject matter. | |
| 29. | Assignment |
| You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Terms of Use. However, we may at any time assign, transfer, charge, subcontract or deal in any other manner, with all or any of its rights or obligations under these Terms of Use without your consent. | |
| 30. | Third Party Rights |
| No one other than a party to these Terms of Use, their successors and permitted assignees, shall have any right to enforce any of its terms. | |
| 31. | No Partnership or Agency |
| Save for clause 6(d), nothing in these Terms of Use is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person. | |
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