QASE INC. USER
TERMS OF SERVICE
Last Updated: May 16th, 2019
Below are the terms of service governing your use and access of the Qase Platform. Your use of the Qase Platform, your use of the information and products which may be accessed through the Qase Platform, and your Qase Account are subject to the terms and conditions set out below, which may be amended by Qase from time to time (hereafter “these Terms”). Your use of the Qase Platform constitutes your acceptance of these Terms.
If you do not agree with these Terms, do not use the Qase Platform.
You agree that you will use the Qase Platform and your Qase Account in good faith. You will only use the Qase Platform to seek the provision of legal services through the Platform. If you enter into Terms of Engagement with a Participating Lawyer, you commit to working with that Participating Lawyer solely through the Platform.
When used in these Terms, the words and phrases listed below shall have the meanings given them:
“Client Information” means any content or information that you upload or submit to, store on, or send via, the Qase Platform, or any communications, documents or other information sent to you by a Participating Lawyer in connection with any legal services provided to you;
“Notice” means notification of a change or an amendment to these Terms;
“Participating Lawyer” means a lawyer paying for access and use of the Qase Platform;
“Policies” means all policies, standards and procedures that may be issued by Qase from time to time with respect to the use of the Qase Platform;
“Qase Account” means a User account, which is linked to a unique personalized login ID and password, that is needed to access and use the Qase Platform and to pay for the legal services obtained through the Qase Platform;
“Qase Platform” or the “Platform” means the Qase online platform, any information and products available on the Qase Platform, and the processes and tools for engaging and obtaining the services of a Participating Lawyer on the Qase Platform;
“Terms of Engagement” means an agreement for legal service delivery through the Qase Platform you enter with a Participating Lawyer; and
“User” means any individual who has established a Qase Account or who otherwise uses the Qase Platform to receive legal services.
3. Security of Login ID and Password
To establish and manage your Qase Account, Qase may issue you a login ID and password. You will use your login ID and password to access the Qase Platform. You agree it is your responsibility to keep your login ID and password confidential.
Your use of the Qase Platform constitutes your acceptance of all policies, standards and procedures that Qase may implement from time to time (“Policies”). Qase’s current Policies may be found in Schedule A of this agreement.
Qase reserves the right to deactivate any login ID and password in the following circumstances (each a “Deactivation Event”):
- where you violate any of the Policies;
- where you violate any Terms of Engagement with a Participating Lawyer;
- where you refuse to accept any modification of these Terms or the Policies; and
- where Qase believes it appropriate or necessary to do so.
Qase recognizes the information you disclose to Qase or to a Participating Lawyer is sensitive in nature. Qase takes its privacy obligations seriously.
Qase will not take any action that infringes on lawyer-client confidentiality that may exist between you and a Participating Lawyer. Having said that, when you or a Participating Lawyer you have engaged asks Qase for technical support, we may require access to parts of the Platform containing information to which we would not normally have access. Access to personal, sensitive or confidential information in this case is incidental to our technical support.
5. Availability of Platform
You may access the Platform at anytime subject to Qase’s right to suspend operation of the Platform or any aspect of it, for any period, as needed. Reasons for suspending operation may include, but are not limited to, performance upgrades or maintenance. Qase will make reasonable efforts to notify you of any disruption in service.
Please note, the Qase Platform and the information, products and services accessed through the Qase Platform may be modified, deleted, edited or withdrawn by Qase at its discretion and at any time without prior notice.
Qase’s regular hours of business are 8:30am to 4:30pm. (Pacific Standard Time), Mondays to Fridays, except statutory and some optional holidays in the Province of British Columbia.
7. No Legal Advice
The information, products and services on the Qase Platform are provided with the understanding that at no time does Qase review documents for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your situation, and its services are not a substitute for the advice of a lawyer. The provision of information, products and services on and through the Qase Platform is not intended to create, and the receipt of any information, products and services does not constitute, a solicitor-client relationship between you and Qase.
For more information about lawyer-client confidentiality, please refer to your Terms of Engagement with a Participating Lawyer.
8. Accuracy of Information and Instructions
It is your responsibility to provide accurate and complete personal and contact information and instructions to Qase and any Participating Lawyer you engage using the Qase Platform, and to update such information as necessary from time to time.
9. Dissatisfaction with Platform
If you are dissatisfied the Qase Platform or any services available on the Platform (including the ability to seek and obtain legal services), Qase may, but will not be obligated to, take commercially reasonable steps to correct the work, or in the case of legal services, connect you with another Participating Lawyer.
10. Legal Services
Qase takes reasonable measures to screen Participating Lawyers to:
- Determine they are a lawyer and confirm in which jurisdictions they are eligible to practice law;
- Check if the lawyer has been disciplined by the applicable governing legal body and review any disciplinary action that has been taken, if any;
- Search for records of unauthorized practice;
- Assess whether lawyers can reasonably demonstrate sufficient experience in the areas they claim to practice in by requesting and reviewing their detailed resume; and
- Assess a lawyer’s general ability to communicate effectively and clearly, as well as the lawyer’s customer focus, through an interview process and the review of any publicly available information on the lawyer.
This information allows Qase to determine a lawyer’s suitability to practice over the Qase Platform. By declining a lawyer we make no judgement about their competency as a lawyer.
In using the Qase Platform, you acknowledge that Qase has no liability in respect of any disputes or claims you may have in respect of any legal services provided to you by a Participating Lawyer. For greater certainty, any disputes with a Participating Lawyer will be handled directly between you and the Participating Lawyer and will be governed by the Terms of Engagement in place between you and the Participating Lawyer.
11. Links to Third Party Sites
12. Intellectual Property Rights
Qase either owns the intellectual property rights in the underlying HTML, text, audio clips, video clips and other content on the Qase Platform (including the organization and layout of this site) or has obtained permission to use the content on the Qase Platform. No reproduction, distribution, or transmission of the copyrighted materials on this site is permitted without the prior written permission of Qase.
Nothing in these Terms grants you any right of ownership in: the Qase Platform, any aspect of the Qase Platform, any content found on the Qase Platform, or any intellectual property rights associated with those things. Qase hereby grants you a limited, non-exclusive, revocable license to use and access the Qase Platform only so you may obtain legal services from a Participating Lawyer using the Platform, all of which is subject to these Terms and Qase’s discretion.
13. Use of Third Parties
Qase may, at its sole discretion, use third parties to complete work or services. Qase will use reasonable care in the selection of third parties and providing instructions to third parties. Qase cannot guarantee the performance of third parties or the timeliness of performance by third parties including, without limitation, courier or delivery services.
Your use of the Qase Platform and any content downloaded from it is at your own risk. The Qase Platform and all information, products and services are provided on an “as is, as available” basis without representation or warranty of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for any purpose, title and non-infringement, all of which are disclaimed by Qase to the fullest extent permitted by law.
Qase does not represent or warrant:
- the quality, accuracy or completeness of any claims, statements or information on the Platform;
- the quality, accuracy or completeness of the products and services you obtain through the Qase Platform;
- the suitability of any of the information, products and services contained on the Qase Platform or obtained through the Qase Platform for any purpose;
- that the Qase Platform or the information, products and services on or to be obtained through the Qase Platform will result in desired outcomes or meet your requirements or expectations; and
- that the Qase Platform or the information, products and services on or to be obtained through the Qase Platform will be available on an uninterrupted, timely, secure or error-free basis.
15. Limitation on Liability
In no event will Qase be liable for any damages whatsoever, whether direct or indirect, punitive, special, incidental, or consequential damages (including, without limitation, for any loss of business, revenue, profits, goodwill, data, documents, property, materials or equipment, or other economic advantage or intangible loss), arising out of or in connection with:
- the use of, or delay or inability to use, the Qase Platform or any information, products or services obtained through the Qase Platform;
- unauthorized access to, alteration of, or inaccuracy, error or omissions in your content, transmissions or data;
- the loss, alteration, destruction, damage corruption or recovery of any Client Information stored on the Qase Platform;
- service outages that are caused by Qase’s maintenance on the technology that underlies the Qase Platform;
- problems inherent in the use of the internet and electronic communications;
- failures of Qase’s service providers (including telecommunications, hosting, and power providers);
- computer viruses;
- natural disasters or other destruction or damage of Qase’s facilities, acts of nature, war, civil disturbance;
- any representations and warranties made to a User by a Participating Lawyer;
- any acts or omissions of a Participating Lawyer; and
- statements or conduct of any third party or otherwise arising out of the use of the Qase Platform, whether based in contract, tort (including negligence), or otherwise, even if there is a fundamental breach or if Qase has been advised of the possibility of damages.
Without in any way limiting the generality of the foregoing, Qase is not liable for the acts or omissions of any third party acting on instructions from Qase.
16. Dispute Resolution
- Jury Trial Waiver. You and Qase acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
- No Class Actions or Representative Proceedings. You and Qase acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit.
- Exclusive Dispute Resolution Mechanism. The parties will resolve any dispute, controversy, disagreement or claim arising out of, relating to or in connection with this Agreement, or the breach, termination, existence or invalidity hereof (each, a “Dispute”), under the provisions of this section 16 which will be the exclusive mechanism for resolving any Dispute that may arise from time to time.
- Negotiations. The parties will first attempt in good faith to resolve any Dispute by negotiation and consultation between themselves.
- Litigation or Arbitration as a Final Resort. If the Parties cannot resolve the Dispute any Dispute within sixty (60) days after the first request to negotiate, either Party may file suit in a court of competent jurisdiction in accordance with the provisions of section 19. Should a party desire to arbitrate a Dispute, the following rules apply:
- There shall be 3 arbitrators on the arbitrational panel. Each party shall nominate one arbitrator and the two arbitrators shall, among them, select the third arbitrator.
- The language of the arbitration shall be English.
- An oral hearing need not be held.
- There will be no appeal from the decision of the arbitration panel on questions of fact, law, or mixed fact and law.
Any failure by Qase to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or rights contained in these Terms.
If any part of these Terms is determined to be unlawful, void, invalid or unenforceable, then that part will nonetheless be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other part of these Terms.
19. Governing Law
These Terms and the resolution of any dispute related in any way to these Terms, your access to or use of the Qase Platform, and the information, products, and services obtained through the Qase Platform will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein (without giving effect to any principles of conflicts of law). Subject to the opportunity to arbitrate set out in section 16, you consent and submit to the exclusive jurisdiction of the courts located in the Province of British Columbia in all questions and disputes arising out of your use of the Qase Platform and these Terms.
20. Legal Notices
Communications made by you to Qase through the Platform’s e-mail and messaging system are for convenience only and will not be deemed to constitute legal notice to Qase or any of its officers, agents, employees, or representatives for any purpose (including without limitation any existing or potential claim or cause of action).
Qase may make changes to these Terms at any time, for any reason. Changes will take effect 30 days after Qase posts a Notice on its website or otherwise communicates a Notice to you using the Platform. You may accept or decline Qase’s changes. Should you decline the changes, Qase will deactivate your login ID and password.
Changes to these Terms will not apply retroactively and will become effective no sooner than 30 days after we post Notice. However, changes addressing new functions or services to the Qase Platform that are made for legal reasons will take immediate effect, with or without Notice.
22. Termination and Deactivaction of Account
If you (a) choose to cease using the Qase Platform, (b) we discontinue services provided through the Qase Platform; or (c) your login ID and password are deactivated because of a Deactivation Event, we will, where possible, and subject to all other terms herein, give you reasonable notice and a chance to download a copy of your Client Information from the Qase Platform for your own records, prior to the deactivation of your account.
- BNBR – Be Nice, Be Respectful;
- Be who you say you are;
- No shopping for free advice - don’t take the same problem to multiple lawyers without a good reason;
- Do not use the Qase Platform to engage in illegal activity of any kind;
- Help us help you have a better experience by providing feedback on Qase and your lawyer; and
- Keep copies of all important files to ensure they are available when you need them.
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