Terms & Conditions
Acceptance of terms
TERMS AND CONDITIONS OF USEUpdated on 13 February 2017
The following Terms of Service is a legally binding contractual agreement between you ("User, "you," "your", "Client") and Tongan Legal Services (" www.loeatonga.com", "we," "us") (hereinafter collectively referred to as the "Terms of Service"). By ordering or paying for the services available from the domain of www.loeatonga.com (the "Website"), you agree to be legally bound by these Terms of Service. The Terms of Service may be updated/changed by us from time to time without notice to you. In addition to this, you shall be subject to the operating rules/policies applicable to individual services on www.loeatonga.com which may be posted from time to time.
1. Acknowledgement and acceptance of Terms of Services
By ordering from the Online Shop at www.loeatonga.com, and clicking the "ACCEPT / SUBMIT / CONTINUE" button, you are indicating you agree to be bound by all of the terms and conditions of the agreement and terms.
2. Scope of Representation (Disclaimer)
We are service providers, but we are not the issuing authority or any government body. We are providing the services offered on our website to advise you on how best we interpret the law, represent you and to lodge the application you have paid for with the relevant government authorities based on the facts and documents you have provided.
Any legal advice we provide is our lawyer's opinion on the law and its application to facts you have provided. To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise.
For services that will result in issuance of a document (birth/death/marriage certificate etc), Tongan Legal Services shall not be held responsible for any error(s)/mistake(s) in the final document applied for or delay in a final decision on your application by the relevant government authority due to an unforeseen issue or your failure to satisfy any requirement that we have conveyed to you.
At any stage during the service delivery, we can require payment of additional charges that was not foreseen at time of consultation. Tongan Legal Services is not responsible for any bureaucratic delays or delays due to insufficient or delayed documentation / information provided by the client. Tongan Legal Services cannot be held responsible for any procedural delays when dealing with any external agencies such as the Postal Department and Courier Companies.
To the extent permitted by Tongan laws, in no event, and under no legal theory, contract, tort, or otherwise, shall Tongan Legal Services, its principals, agents, representatives, subsidiaries, sellers or affiliates be liable for any direct, indirect, special, incidental, punitive or consequential damages of any kind whatsoever, including but not limited to damages resulting from loss of profits, wages or business, opportunity, even if Tongan Legal Services can foresee, or ought to have foreseen, the possibility of such damages.
3. Pricing Policy
Prices published in USD are only indicative, the final charges in USD will depend on the current exchange rate, credit card processing fees, conversion charges and any other applicable fee and tax on the transactions. Customers paying through credit/debit cards will be charged in USD. The fee published on the Online Shop is only the service fee to provide this service. Each service can incur additional fees which will be clarified at consultation, or at a later stage if the fee is not yet identified at time of consultation. The published service fee includes tax payable and filing fee with the relevant government authority, unless where expressly stated at the Online Shop.
We accept the following credit cards:
Visa, MasterCard and American Express
We also accept payment from your PayPal account if you have one.
All payments are processed via PayPal's secure payments system to ensure high levels of payment security and are subject to PayPal's terms and conditions.
Click here to for PayPal's terms.
https://cms.paypal.com/nz/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_US
If the document we have received for purpose of providing a service has an error and/or requires an application to be corrected, such an application for correction will incur a separate service fee, and only upon completion of that subsequent service can we proceed with the delivery of the initial service.
4. Completion Time
The estimated completion time provided to you at consultation is an average completion time and it is based on our experience. The calculation of completion time is only an approximation and will start from the next working day in Tonga after payment, or from the submission of documents as requested during consultation, whichever is later.
The service delivery, in terms of services A, C, and D, is deemed to have been completed on the date we send you an email clearly titled "FINAL ADVISE TO CLIENT". In terms of other services, service delivery is deemed to have been completed when we send you an email with a scanned copy of the documents applied for and received by us from relevant the government authority. The Completion time does not include any shipping time.
5. Loss of Document in Transit
If documents are lost in transit we will obtain a copy of document or the fresh document at an additional cost to you. It would take additional time to re-obtain/reissue the document. The original estimated completion time does not include this additional time.
6. Shipping
All the documents will be shipped from/and received at the FEDEX Office in Nuku'alofa unless instructed otherwise. The shipping time is NOT part of the estimated completion time.
Although we recommend the use of FEDEX courier, we cannot be held responsible for any procedural/shipping delays when dealing with any external agencies such as FEDEX, other Courier Companies, or Tonga Post.
7. Refund/Cancellation Policy
There would be absolutely no refund for any payments we have received on the www.loeatonga.com website or otherwise. Where you have cancelled a service with us, there will be no refund.
8. User
To use our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a User, you agree to: (1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; and (2) be financially responsible for your use of the Website and the purchase of services, unless such obligations are prohibited by law or by the Terms of Service. www.loeatonga.com reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
You agree to provide true, accurate and complete information, and inform us of any changes to update this information to maintain its truthfulness, accuracy and completeness.
9. Privacy and confidentiality
Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service. We shall keep your information confidential and use only for the purpose of delivery of service. We may be required by law to disclose information to government authorities, law enforcement agencies or third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
10. General Information
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be published form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Tongan Legal Services and govern your use of the services at Tongan Legal Services, superseding any prior agreements between you and Tongan Legal Services for the use of services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other services at Tongan Legal Services, affiliate services, third-party content or third-party service.
Choice of Law and Forum. The Terms and the relationship between you and Tongan Legal Services shall be governed by the Laws of Tonga only. You and Tongan Legal Services agree to submit to the personal and exclusive jurisdiction of the courts located within the jurisdiction of Nuku'alofa, Tonga.
Waiver and Severability of Terms. The failure of Tongan Legal Services to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Tongan Legal Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect.