TERMS OF USE

 

  • INTRODUCTION

 

 

    1. This Platform is brought to you by CanLaw Asia Sdn Bhd (Company No. 1210605-D) (“CanLaw”, “we” or “us”)). Any reference to “you”, “your”, “user” in these Terms means you or any person who accesses and/or uses the Platforms and/or Services on your behalf. Please note that these Terms do not apply to our participating lawyers, as they are subject to and governed by the Terms of Use (For Participating Lawyer).    

 

    1. These terms of use (for users) (“Terms”) govern your use of CanLaw’s websites, mobile applications or any Internet services (including any associated software supplied by CanLaw) (collectively, the “Platforms”) and CanLaw’s products and services (collectively, the “Services”), whether as a guest or a registered user.

 

    1. Please read and understand these Terms as they apply to your access and/or use of the Platforms and/or Services, and any information, documents, text, graphics, photos and/or other materials uploaded, downloaded or appearing on the Platforms and/or Services.  

 

    1. By accessing, browsing, downloading and/or using the Platforms and/or Services, you agree to be bound by these Terms and the documents referred to in them, as amended from time to time. If you do not agree with or accept any of these Terms, you should stop accessing and/or using the Platforms and/or Services immediately.

 

    1. We may amend or update these Terms at any time by posting the revised Terms on the Platforms and/or making an announcement on the Platforms. If we determine, in our sole discretion, that an amendment to these Terms materially affects your rights, we will notify you (for example, by sending a message to your email address). Your continued access and/or use of the Platforms and/or Services after such change has been posted shall constitute your acceptance of such revised Terms. 

 

    1. If you have any questions, complaints or face any difficulties in accessing and/or using the Platforms and/or Services, please contact us at hello@canlaw.asia.

 

 

  • ABOUT THE PLATFORMS AND SERVICES

 

 

    1. CanLaw is an Internet and technology company: CanLaw is an Internet and technology company that provides an online lawyer discovery platform for users to discover lawyers and/or legal services. We facilitate the connection, interaction and communication between users and lawyers.  

 

    1. No solicitor-client relationship: Using, corresponding with or asking questions to a lawyer via the Platforms and/or Services does not create a solicitor-client relationship. You understand that questions and answers or other postings to the Platforms and/or Services are not confidential and are not subject to solicitor-client privilege. You may only enter a solicitor-client relationship with a participating lawyer of your choice when you sign and accept the participating lawyer’s letter of engagement or any such contract, which will take place entirely outside of the Platforms. CanLaw will not be a party to any contracts between you and the participating lawyer.

 

    1. Neutral and independent platform: CanLaw is a neutral and independent platform that takes no interest in the actual rendering of legal services.

 

    1. No endorsement or recommendation: CanLaw makes no endorsement or recommendation of any particular participating lawyer for any specific legal engagement. CanLaw does not endorse the content or legality of any responses, statements or promises made by the participating lawyers on or off the Platforms. You are solely responsible for assessing the quality, integrity, suitability and trustworthiness of the participating lawyer you intend to engage and you are ultimately responsible for choosing and entering into an engagement with the participating lawyer of your choice.

 

    1. CanLaw is not a law firm: CanLaw is not a law firm and does not provide legal advice or offer legal services or representation. The participating lawyers on the Platforms are not employees, agents, representatives or consultants of CanLaw. As such, CanLaw cannot and does not warrant as to the accuracy, quality or completeness of any advice, information or assistance provided by the participating lawyers.

 

    1. Not a referral service and no profit sharing: CanLaw is not a lawyer referral service. CanLaw does not share profit or split legal fees with the participating lawyers. CanLaw charges the participating lawyers a fixed subscription fee in exchange for use of the Services. This fee is separate and distinct from all legal fees. You are responsible for paying legal fees to the participating lawyer for the services provided.  

 

    1. No guarantee of availability of participating lawyer: CanLaw does not guarantee the availability of, and has no control over any participating lawyer at any particular time. CanLaw will not be liable for cancelled or otherwise unfulfilled appointments.

 

    1. No representations, guarantees or warranties: While CanLaw may, at the time of lawyer’s registration, take steps to verify with the relevant national and/or state Bars that the participating lawyer holds a valid practicing certificate to practice law in the jurisdiction he is offering legal services, CanLaw is unable to track, or continually monitor/review the standing of each participating lawyer that is listed on the Platforms. As such, CanLaw makes no representations, guarantees or warranties (express or implied) as to the current status, standing, legal ability, competence, expertise, professional qualifications or quality of work provided by any of the participating lawyers, law firms or legal service providers listed on the Platforms. CanLaw shall not be liable for the actions or omissions of any participating lawyer acting for a user. You are solely responsible for checking the participating lawyer’s current standing with the relevant Bar and evaluating the participating lawyer’s expertise, qualification and experience level.

 

 

  • REGISTRATION

 

 

    1. Above 18: To register with us and/or use the Platforms and/or Services, you must be an individual over eighteen (18) years of age; or if you are using the Services on behalf of an entity, you represent that you are authorized to enter into and bind the entity to a binding contract.  

 

    1. Processing your personal data: We process information about you in accordance with our Privacy Policy. By accessing and/or using the Platforms and/or Services, you consent to such processing and warrant that all information submitted to us, whether via the Platforms or otherwise, is true, accurate, complete and is not misleading by omission or otherwise and that you will maintain and update this information as required in order to keep it current, accurate and complete. In the event of any change to the information provided, you must inform us immediately of the same in order for us to communicate with you effectively.

 

 

  • PASSWORD AND SECURITY

 

 

    1. Create account: When you register to use the Platforms, you will be asked to create a password and provide an email address and some information about yourself in order to create an account. You are responsible for all activities that occur under your account, regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorised access and/or use of your account. In order to prevent fraud, you must keep this password strictly confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password, you should notify us immediately.
    1. Breach of security: If we have reason to believe that there is likely to be a breach of security or misuse of the Platforms and/or Services, we may require you to change your password or we may suspend your account pending investigation. You release and hold us harmless from any and all claims and causes of action arising out of or resulting from any unauthorised use of your account.

 

 

  • SUBMITTING INFORMATION TO THE PLATFORMS

 

 

    1. No guarantee of confidentiality: CanLaw makes every effort to maintain the confidentiality of information submitted by you and stored on the Platforms. However, because we cannot control the conduct of others, we cannot guarantee that this information will remain confidential or secure. Please exercise caution when deciding what information to share or disclose when accessing and/or using the Platforms and/or Services. Do not make any confessions or admissions. Do not provide any highly personal, sensitive or incriminating information. You should not let us have any ideas, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (unwanted submissions). While we value your feedback, you agree not to submit any unwanted submissions.

 

    1. Use of unwanted submissions: We may use any unwanted submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Platforms to check for these matters). Therefore, we will not be legally responsible for keeping any unwanted submissions confidential nor will we be legally responsible to you or anybody else for any use of such unwanted submissions.

 

    1. Right to screen and monitor: While CanLaw does not actively monitor any communications exchanged between users and participating lawyers, CanLaw reserves the right to screen and monitor users’ answers to questionnaires and messages between users and participating lawyers for quality assurance purposes. These communications will not be displayed publicly or intentionally disclosed to the public or any users/participating lawyers.

 

    1. User’s consent: By using the Services, users agree that participating lawyers contacted through the Services may report to CanLaw on whether their services were engaged by the users as well as the total legal fees paid.

 

 

  • YOUR SUBMISSION

 

 

    1. Submissions: You agree that you are responsible for all questions, suggestions, reviews, ratings, postings, ideas, suggestions, feedback, concepts, comments, documents, proposals and any communication made by you on the Platforms and/or Services (individually “Submission” and collectively, “Submissions”).

 

    1. No misleading Submissions: You shall not use any bogus or fake email address or otherwise mislead CanLaw, participating lawyers, appropriate authorities or any other third parties as to the authenticity, accuracy and origin of the Submissions.

 

    1. Your liability: You may expose yourself to liability if, for example, your Submission contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trade mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

 

    1. True and accurate Submissions: You agree to post on the Platforms only Submission which is true and accurate. CanLaw does not have the obligation to verify the accuracy of your Submission before it appears on the Platforms.  

 

    1. Monitor Submissions: CanLaw reserves its right to monitor and moderate all Submissions made by you through the Platforms to ensure compliance with these Terms and to amend, edit or remove, at its sole discretion, any Submission that is in violation of these Terms or any content guidelines, or is otherwise unacceptable.

 

    1. Rating or review: A rating or review reflects a user’s assessment of a participating lawyer, based upon the experience he received from engaging the lawyer’s services. A rating or review is not an endorsement or a guarantee of the participating lawyer’s quality, competency or ability, nor is it a predictor of the outcome of any matter in which such participating lawyer is involved. You should not rely solely on the rating or review in deciding whether to contact or engage any participating lawyer.  

 

 

  • OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

 

 

    1. Ownership of IP rights: This Platforms and all intellectual property rights in the Platforms including but not limited to any content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

 

    1. Limited licence of IP rights: Nothing in these Terms grants you any legal rights in the Platforms other than as necessary to enable you to access the Platforms. You may retrieve and display the content of the Platforms on a computer screen, mobile phone screen, tablet screen (or equivalent), download or print copies of such content for your own use, provided you keep intact all and any copyright and proprietary notices. You may not reproduce, modify, copy or distribute, publicly display or use for commercial purposes any of the materials or content on the Platforms without prior written permission from CanLaw and unreservedly indemnify CanLaw in the event that you do so.

 

    1. Trade marks: CanLaw is our trade mark. Other trade marks and trade names may also be used on the Platforms. These Terms do not grant you the right to use any branding or logos used in our Services without prior written permission from CanLaw. Please do not remove, obscure, or alter any legal notices displayed in or along with our Services.

 

    1. Third party content: There may be content from third parties on the Platforms, such as participating lawyers’ profiles, blog posts and links to other websites (such as the participating lawyer’s firm’s website or his other social media platforms). We may review third party content to determine whether it is illegal or violates these Terms, and we may remove or refuse to display content that we reasonably believe violates these Terms or the law. However, as we do not routinely screen third party content, we are not responsible for such third party content, and we do not guarantee the accuracy, adequacy or quality of any such third party content.  

 

    1. Submissions: By submitting your Submission to the Platforms, you agree that:

 

  1. your Submissions do not contain the confidential or proprietary information of third parties;
  2. we are under no obligation of confidentiality, express or implied, with respect to the Submissions;
  3. we may have something similar to the Submissions already under consideration or in development; and
  4. you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, transferable and sub-licensable license to use, modify, adapt, prepare derivative works, publish, publicly display, distribute, reproduce and sub-license the Submissions, in whole or in part, in original form or as edited or modified by CanLaw, in all media now known or hereafter developed, in all languages and forms, for any commercial or non-commercial purpose, and you irrevocably waive, and cause to be waived, against CanLaw any claims and assertions of any moral rights contained in such Submissions.

 

    1. Copyright infringement: CanLaw respects others’ intellectual property rights and requires our users and participating lawyers to do the same. We respond to notices of alleged copyright infringement and reserve the right to terminate or disable a user’s or participating lawyer’s account. If you believe that any material on the Platforms infringes any copyright which you own or control, you may file a copyright take down notice with CanLaw.

 

 

  • CANLAW’S RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT OR OPERATION OF THE PLATFORMS AND/OR SERVICES

 

 

    1. Suspend or terminate your account: We may suspend or terminate your account immediately at our reasonable discretion and without liability to us if you:

 

  1. breach any of the provision under these Terms;
  2. breach any applicable law or regulation; or
  3. are suspected to have engaged in a fraudulent, abusive or illegal activity on the Platforms.

 

    1. Notification: We will take reasonable efforts to notify you by the email address provided by you to us of such suspension or termination, or to notify you at your next attempt to access your account.

 

    1. Not affecting statutory rights: The suspension or termination of your account and your right to use the Platforms shall not affect either party’s statutory rights or liabilities nor shall it be deemed or construed as a waiver of our rights to take any action against you for any losses and damages suffered as a result of your breach of these Terms.

 

    1. Right to suspend or terminate the Platforms: We reserve the right to suspend or terminate the operation of the Platforms or restrict access to the Platforms temporarily or permanently at any time without liability to us and with or without notice to you.  

 

 

  • DISCLAIMERS AND EXCLUSION OF LIABILITY

 

 

    1. The Platforms and the information and materials on the Platforms are provided by CanLaw to you on an “as is, where is” and “as available” basis.

 

    1. Whilst we endeavour to ensure that information and materials on the Platforms are correct, no warranties, guarantees or representations, express or implied, are given that they are complete, accurate, up-to-date, fit for a particular purpose or need, merchantable, of satisfactory quality, non-infringing and, to the extent permitted by law, we do not accept any liability for any errors or omissions arising from such information and materials.

 

    1. As the Platforms are dependent on other third party service providers, including but not limited to website domain hosts and payment providers, we do not guarantee that the Platforms will be available at all times or uninterrupted. Whilst we endeavour to make the Platforms available 24 hours a day, we shall not be liable for any reason the Platforms are unavailable for any time or for any period. We make no warranties, guarantees or representations that your access to the Platforms will be uninterrupted, accessible, timely or error/bug-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

 

    1. To the fullest extent permitted by law, CanLaw or any of its corporate affiliates, independent contractors, service providers and consultants, or any of their respective directors, employees and agents shall in no event be liable for any losses or damages whatsoever nature and howsoever incurred or arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss of profits, data, use, goodwill or savings arising or in connection with:

 

  1. your access or use or the inability to access or use the Platforms (or any part thereof);
  2. reliance on the information contained on the Platforms;
  3. reliance on the Platforms and tools provided on the Platforms;
  4. the outcome of any legal matter;
  5. any conduct, content or review (including but not limited to defamatory, illegal or offensive conduct, content or review) of any third party relating to the Platforms and/or Services; or
  6. any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise,

 

even if CanLaw has been advised of the possibility of such damages or losses.

 

    1. Not responsible for participating lawyer: As CanLaw is/will not be a contracting party to any contract, dealing or transaction made between you and any participating lawyer, CanLaw shall not be responsible nor liable for any losses or damages that you may suffer or incur as a result of or in connection with any dealings between you and the participating lawyer (including but not limited to conduct, negligence or omission of the participating lawyer). CanLaw does not guarantee that the results that may be obtained from the use of the Services will be effective, reliable or accurate or will meet your requirements. we are not responsible for the accuracy, reliability, timeliness or completeness of information provided by the participating lawyers or any other data or information provided or received through the Platforms and/or Services.

 

    1. We do not guarantee that the Platforms will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other codes that may affect, any computer or phone equipment, software, data or other property as a result of your access to or use of the Platforms.

 

    1. This exclusion clause shall take effect to the fullest extent permitted by law and shall apply even after you cease to access and/or use the Platforms and/or Services.

 

 

  • LIMITATION ON OUR LIABILITY

 

 

To the fullest extent permitted by law, or in the event that any limitation or exclusion of liability in these Terms is not enforceable, the total liability of CanLaw, and its corporate affiliates, independent contractors, service providers and consultants, for any claim arising out of or relating in any manner to the access and/or use (or inability to access and/or use) of the Platforms and/or Services, is limited to RM100.  

 

 

  • INDEMNITY

 

 

    1. You agree to defend, indemnify and hold CanLaw, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, harmless from and against any and all liabilities, damages, claims, actions, costs and expenses (including legal fees), which may be suffered or incurred by CanLaw as a result of or in connection with or arising out of:
  1. Submissions you submit, post, transmit or make available through the Platforms;
  2. your breach of any of these Terms or any applicable law or regulation;
  3. your use or misuse of the Platforms;
  4. your violation of the rights of any third party and/or in connection thereof.

 

    1. If you have a dispute with one or more participating lawyers, you shall resolve such dispute directly with the participating lawyers and shall release CanLaw from any and all liabilities, damages, claims, actions, costs and expenses (including legal fees) arising out of or in any way connected with such dispute. You are encouraged to notify CanLaw of such dispute for information and quality control purposes.

 

    1. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any such matter without the prior written consent of CanLaw. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

 

  • HYPERLINKS & THIRD PARTY SITES

 

 

The Platforms may contain hyperlinks or references to third party websites other than the Platforms. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party website may be governed by the terms and conditions of that third party website. In addition, CanLaw is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products or services available on or through such linked websites.

 

 

  • THIRD PARTY ADVERTISING AND SPONSORSHIP

 

 

We may allow third party advertisers and sponsors to place advertisements and sponsorships on the Platforms or any part thereof. Such advertisements and sponsorships will be clearly identified as originating from third parties. By using the Platforms and/or Services, you agree to receive such advertising and marketing materials. We do not endorse, and will not be responsible for, the contents of such advertisements and sponsorships or for your access, use, reliance, sale, purchase or other action on your part with respect to the contents or subject matter of such advertisements and sponsorships.

 

 

  • RIGHT TO INVESTIGATE

 

 

We reserve the right in our sole discretion to investigate complaints, actual, potential or alleged violations of these Terms or other agreements applicable to us and any actual, potential or alleged violations of applicable law, but we undertake no obligation to do so. In connection with any such investigation, we may take any action we deem appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons relating to your profile, e-mail address, usage history, posted materials, IP addresses and traffic information.

 

 

  • RULES  

 

 

    1. You agree and acknowledge that you shall abide by the following rules:  

 

  1. you access and/or use the Platforms and/or Services at your own risk;
  2. any content on the Platforms is provided for your general information and scheduling purposes only and to inform you about us and our products, services, news, features, educational materials and other websites that may be of interest to you. Such content does not constitute legal advice and should not be relied on for any purposes;  
  3. CanLaw does not assume any advisory, fiduciary or similar other duties or act as a legal adviser to you;
  4. you shall not submit false or misleading information;
  5. you shall not submit confidential information or personal information such as names, email addresses, phone numbers, credit card numbers, passwords, etc; and
  6. you shall not use the Platforms for any reason other than connecting with participating lawyers for the purpose of seeking legal services. Any solicitation of business to the participating lawyers on the Platforms is strictly prohibited.

 

    1. CanLaw reserves the right to deny further access and/or use of its Platforms and/or Services to any user who violates these rules or is the subject of complaints by other users or participating lawyers.

 

 

  • ELECTRONIC COMMUNICATION

 

 

    1. For contractual purposes, you consent:
  1. to receiving communications from us electronically via the email address you have submitted or via the Services; and
  2. that any agreements, policies, notices, disclosures and other communications that CanLaw provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.  

 

    1. Notice will be deemed given 24 hours after email is sent to your designated email address or notice is posted on the Platforms.

 

 

  • DISPUTE RESOLUTION AND APPLICABLE LAW

 

 

    1. These Terms shall be governed by and interpreted in accordance with the laws of Malaysia.

 

    1. You may write to us at the following address for any communications or complaints to us at:

 

Attention: CanLaw Team

Email: hello@canlaw.asia

Phone: +601110 899 867

 

    1. If the dispute remains unresolved, the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Malaysia to settle any disputes which may arise out of or in connection with these Terms.

 

 

  • INTERNATIONAL USE

 

 

We make no promise that materials on the Platforms are appropriate or available for use in locations outside of Malaysia, and accessing the Platforms from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Platforms from locations outside of Malaysia, you do so on your own initiative and are responsible for compliance with local laws.

 

  • MISCELLANEOUS

 

 

    1. You may not assign, transfer or sub-contract any of your rights under these Terms to any other person without our prior written consent. We may assign, transfer or sub-contract all or any our rights under these Terms at any time without your consent to: (i) our subsidiary or related/affiliated company; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger.

 

    1. No joint venture, partnership, employment, or agency relationship exists between you and CanLaw or you and any participating lawyer as a result of these Terms or use of the Platforms and/or Services.

 

    1. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.

 

    1. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

    1. Some of the Services may have additional terms (such as policies, guidelines and rules) that will further govern your use of that particular Service and supplement these Terms. If you choose to register for or access any such Services, you will be presented with any relevant additional terms at that time. By using those Services, you agree to comply with such additional terms.

 

    1. These Terms (including all policies, guidelines and notices) constitute the entire agreement between you and CanLaw and supersedes any prior agreements, arrangements, statements and understandings between CanLaw and you. These Terms create no third party beneficiary rights.

 

    1. This Platform is owned and operated by CanLaw Asia Sdn Bhd (Company No. 1210605-D) with its registered address at 9-G, Jalan PJU 1A/41B, Pusat Dagangan NZX, Ara Jaya, 47301 Petaling Jaya, Selangor, Malaysia.

 

Last Revised: 15 February 2017

 

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