Terms of use
Jurata is an offer of Jurata AG (hereinafter referred to as the "Provider"). These Terms of Use govern the rights and obligations of the Provider as well as of lawyers and other service providers who have an individual profile on Jurata or otherwise offer services via or jointly with Jurata (hereinafter the "Profile" and the "Service Providers") and of persons who visit Jurata in order to make use of legal or other services (hereinafter the "Clients"). These Terms of Use apply to all legal transactions between the Provider on the one hand and Clients and Service Providers on the other in connection with Jurata. Deviating agreements shall only apply with the express consent of the Provider.
Jurata's privacy policy forms part of these terms of use.
1. Registration with Jurata
[1.1] Jurata operates, among other things, a directory of lawyers in Switzerland. The Provider enables Service Providers to register upon request in order to maintain an existing profile or create a new profile. Service Providers are obliged to ensure that their profiles are up to date and correct. For Service Providers who do not maintain a profile, the Provider shall use basic data from publicly accessible sources in particular.
[1.2] The Provider is entitled to check information from Service Providers itself or have it checked by third parties. The Provider may refuse registration at any time and also subsequently without giving reasons.
[1.3] Service providers undertake to treat their access data to Jurata confidentially and to use it exclusively for their own purposes.
2. Profile with Jurata
[2.1] By registering or maintaining profiles, Service Providers grant the Provider their consent to the publication of the content they have entered, in particular image and text material (hereinafter referred to as "Content") on Jurata and via any other communication channels of the Provider, such as social media platforms, newsletters, etc. In this context, service providers grant the provider a non-exclusive, transferable right to use the content, including content protected by trademark and copyright law, which is unlimited in terms of location and time. The provider may enrich profiles with metadata and adapt them to improve their appearance, formatting or readability.
[2.2] Service providers undertake to only upload content to Jurata that complies with the law. In particular, Service Providers undertake not to upload any offensive, discriminatory, misleading, defamatory, pornographic, racist, unethical, unfair or immoral content. Service providers also undertake to respect the rights of third parties, in particular data protection rights, rights to a name, personal rights and copyrights. The provider is not responsible for checking the content or legal validity of profiles. Service providers are solely responsible for their profiles and their content.
[2.3] The Provider may refuse to publish profiles or parts thereof at any time without stating reasons and also subsequently. The Provider may delete profiles at any time without giving reasons. Service Providers can edit and delete their profile at any time.
3. Services provided by Jurata
[3.1] The Provider may offer free and fee-based services on Jurata, in particular fee-based service provider profiles and service packages in the areas of law, accounting and taxes, which are aimed directly at customers. The Provider shall publish the current scope of services in a suitable form on Jurata, stating any fees and any contract term. Services that are not expressly included in the scope of services according to the published service description are excluded from the scope of services in all cases. Chargeable services with a specific contract term shall be automatically extended by the same contract term after expiry of the contract term, unless otherwise stated.
[3.2] The provider shall be free to design the services as it wishes. It may refuse orders at any time, even after the order has been placed and payment made, in particular in the event of a conflict of interest. If an order is refused after payment has been made, the full price shall be refunded. Otherwise, there shall be no refund of payments made. Unless a payment deadline is granted, any fees are due immediately. Service Providers and Customers shall automatically be in default if payment is not made on time, even without a payment reminder. In the event of default, the Provider may discontinue the provision of services at any time without notice and commission third parties to collect payments or assign claims to third parties for the purpose of collection.
[3.3] The Provider may adjust the scope and price of services or discontinue services at any time without giving reasons. In the case of ongoing contracts for fee-based services, such adjustments or the discontinuation of services shall only come into effect 30 days after notification to the affected service providers or customers. If services are adjusted to the detriment of service providers or customers, the affected service providers or customers have the right to terminate the contract prematurely as of the date on which the service adjustment takes effect. In this case, or if a service is discontinued, any payments already made shall be refunded by the Provider on a pro rata basis. If no notice of termination is given by the affected service providers or customers within 30 days of notification of an adjustment, their consent to the notified adjustment shall be irrefutably deemed to have been given. The Provider shall provide information about such adjustments in an appropriate form.
4. Warranty and liability of Jurata
[4.1] Client-lawyer relationships and other contracts for legal or other services (hereinafter the "Services") are concluded directly between individual Service Providers and Clients as Clients, even if the initial contact or other contact is made via Jurata. In this case, the Provider is neither a contracting party nor a representative of Service Providers or Clients. Service Providers are solely and exclusively liable for their services and in connection with initial contact or other contact with Customers via Jurata. Customers shall be liable solely and exclusively in connection with initial contact or other contact with Service Providers via Jurata. The Provider does not guarantee that Service Providers and Customers will fulfill any contractual obligations towards each other.
[4.2] Service Providers and Customers shall indemnify the Provider against all claims asserted by third parties against the Provider in connection with profiles and content on Jurata. This indemnification shall include all direct and indirect costs incurred by the Provider in defending against such claims, irrespective of fault.
[4.3] The Provider shall provide its services professionally and carefully. However, the Provider does not guarantee the permanent, complete or error-free availability and provision of its services at all times. Jurata may be temporarily partially or completely unavailable, in particular for technical reasons. The provider assumes no guarantee for the topicality, success, correctness or completeness of content. Any liability of the provider is limited to gross negligence or intent. Any liability of the provider for consequential or indirect damages, for loss of profit and for auxiliary persons is excluded.
[4.4] Customers undertake to carefully check all information, work results, documents, forms, etc. provided by the Provider or Service Providers when using legal and other services. Customers are responsible for ensuring that the information they provide to the Provider, Service Providers or third parties (in particular authorities) is correct at all times.
5. Attorney-client privilege
For the processing, forwarding and handling of client inquiries by the Provider, it is necessary for customers to release the lawyers who respond to the respective client inquiry from the obligation to maintain legal professional confidentiality vis-à-vis the Provider and its external IT service providers. By agreeing to these Terms of Use, Clients therefore declare that they release the lawyers concerned from the obligation of legal professional secrecy vis-à-vis the Provider. Consent to the terms of use is explicitly obtained from the respective customer before sending each request via the provider's platform.
6. Final provisions
[6.1] The Provider generally corresponds with Service Providers and Customers by e-mail to the e-mail address stored in their profile. This includes the sending of invoices, notifications about offers or the adjustment or discontinuation of offers, notifications about changes to these Terms of Use and other notifications. The service providers and customers expressly agree to this form of communication. All messages sent in this way are irrefutably deemed to have been delivered.
[6.2] The Provider may amend these Terms of Use at any time without giving reasons. The Provider shall inform affected Service Providers and Customers of such changes in an appropriate form.
[6.3] The Provider may discontinue Jurata at any time, permanently or temporarily, in whole or in part, without notice and without giving reasons.
[6.4] These Terms of Use are subject to Swiss law with jurisdiction at the registered office of the Provider.