Terms & Conditions

1. Definitions and Interpretation

In these Terms and Conditions, the following definitions apply:

"We," "Us," "Our" refers to Cipherwise, a law firm operating in Hong Kong.

"You," "Your" refers to any person or entity accessing our website or engaging our legal services.

"Website" means the Cipherwise website and all associated pages and content.

"Services" means the legal services we provide, including but not limited to privacy law advice, PDPO compliance assessments, and cross-border data advisory.

"Engagement Letter" means the formal agreement establishing the scope and terms of legal services for a specific matter.

2. Acceptance of Terms

By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these terms, you should not use our website or engage our services.

Use of our website for informational purposes does not create an attorney-client relationship. Such a relationship is established only through a formal engagement letter signed by both parties.

3. Website Use

3.1 General Use

Our website provides general information about our legal services and data privacy law in Hong Kong. Information on this website is not legal advice and should not be relied upon as such. Legal advice can only be provided through a formal engagement after understanding your specific circumstances.

3.2 Acceptable Use

You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use of the website. Prohibited activities include attempting to gain unauthorized access to our systems, transmitting harmful code or malware, using automated systems to access the website without permission, or engaging in any activity that could damage, disable, or impair our website.

3.3 User Accounts

If you create an account or provide information through our website, you are responsible for maintaining the confidentiality of any credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use.

4. Legal Services Engagement

4.1 Engagement Terms

Engagement of our legal services requires execution of a formal engagement letter that specifies the scope of work, fees, responsibilities, and other terms specific to your matter. These general terms supplement but do not replace engagement-specific terms.

4.2 Scope of Services

Our services are limited to the scope specified in the engagement letter. We provide advice based on Hong Kong law and practice unless expressly agreed otherwise. We do not provide advice on matters outside our area of practice or jurisdiction unless clearly stated in the engagement letter.

4.3 Client Responsibilities

Clients engaging our services agree to provide complete and accurate information relevant to the matter, respond promptly to requests for information or decisions, comply with applicable laws and regulations, and pay fees according to agreed terms. Failure to meet these responsibilities may affect our ability to provide effective legal services.

5. Fees and Payment

5.1 Fee Structure

Our fees are specified in the engagement letter and may be structured as fixed fees for defined services or hourly rates for ongoing advisory work. Fee quotes provided on our website or in preliminary discussions are estimates only and do not constitute binding commitments.

5.2 Payment Terms

Payment terms are specified in the engagement letter. Unless otherwise agreed, fees are payable in Hong Kong Dollars. Late payments may incur interest charges as permitted by law.

5.3 Disbursements

Clients are responsible for reimbursing reasonable disbursements incurred in connection with their matters, including filing fees, third-party service fees, and necessary expenses. These are billed separately from professional fees.

6. Intellectual Property

6.1 Website Content

All content on our website, including text, graphics, logos, and software, is owned by or licensed to Cipherwise and protected by intellectual property laws. You may view and download content for personal, non-commercial use only, subject to retaining all copyright and proprietary notices.

6.2 Work Product

Legal advice and work product created for clients remain subject to intellectual property rights but are licensed to clients for use in connection with the specific matter. Clients may not reproduce or distribute our work product to third parties without permission, except as necessary for the purpose for which it was created.

7. Confidentiality and Professional Obligations

As legal practitioners, we owe professional duties of confidentiality to clients under the Legal Practitioners Ordinance and Law Society rules. Client information is protected by both professional obligations and legal privilege where applicable.

Our handling of personal data is governed by our Privacy Policy, which should be read in conjunction with these Terms. Professional confidentiality obligations extend beyond data protection requirements and continue indefinitely.

8. Limitation of Liability

8.1 Website Use

Information on our website is provided for general informational purposes. While we strive for accuracy, we make no representations or warranties regarding completeness, accuracy, or currency of website content. We are not liable for any decisions made in reliance on website information without obtaining formal legal advice.

8.2 Legal Services

Our liability for legal services is governed by the engagement letter and applicable professional conduct rules. We maintain professional indemnity insurance as required by the Law Society of Hong Kong.

8.3 Excluded Liability

To the fullest extent permitted by law, we exclude liability for indirect, consequential, or punitive damages arising from website use or legal services, except where such exclusion is prohibited by law or professional conduct rules.

9. Termination

9.1 Client Termination

Clients may terminate an engagement subject to the terms specified in the engagement letter. Termination does not relieve clients of obligations to pay for services rendered prior to termination.

9.2 Firm Termination

We may terminate an engagement in accordance with professional conduct rules, including situations where continuing would violate ethical obligations, a conflict of interest arises, or the client fails to cooperate or fulfill obligations. We will provide reasonable notice and assistance in transitioning matters to successor counsel where appropriate.

10. Dispute Resolution

10.1 Governing Law

These Terms and Conditions are governed by the laws of Hong Kong Special Administrative Region. Any disputes arising from or relating to these terms shall be subject to the exclusive jurisdiction of the Hong Kong courts.

10.2 Complaints

If you have concerns about our services, please contact us directly to discuss resolution. We maintain internal complaint handling procedures and are subject to the Law Society of Hong Kong's disciplinary processes.

11. General Provisions

11.1 Entire Agreement

For legal service engagements, these general terms together with the engagement letter constitute the entire agreement between the parties, superseding prior discussions or understandings.

11.2 Severability

If any provision of these terms is found invalid or unenforceable, the remaining provisions continue in full force and effect.

11.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or our right to enforce it subsequently.

11.4 Assignment

You may not assign rights or obligations under these terms without our written consent. We may assign or subcontract obligations where appropriate and consistent with professional obligations.

12. Changes to Terms

We may modify these Terms and Conditions from time to time. Changes become effective upon posting to our website. Material changes affecting existing client engagements will be communicated directly.

Continued use of our website following changes constitutes acceptance of modified terms. We encourage periodic review of these terms to stay informed of any updates.

13. Contact Information

For questions about these Terms and Conditions, please contact:

14. Professional Regulation

Cipherwise is regulated by the Law Society of Hong Kong. All practitioners maintain current practicing certificates and comply with applicable professional conduct rules. For regulatory information or to file complaints, contact the Law Society of Hong Kong.