Terms and Conditions
1.2 Please read these Terms carefully. By using the Service you agree to these Terms. If you do not agree to these Terms, you must stop using the Service immediately.
1.3 We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements without notice to you. By using the Service you agree to be bound by these updates and amendments.
1.4 Where these Terms refer to “consumer” or “trader” these words have the meanings given to them under the Consumer Rights Act 2015.
2. About Us
2.1 We are MYBARRISTER LTD, a company registered in England and Wales (registration number 08136883) (myBarrister, we, us, our).
2.2 If you have any questions, complaints or comments about the Service or these Terms then please email us on [email protected].
3. The Service
3.1 The Service is designed to help you find a barrister to assist with your legal needs. We do not charge you any fees for using the Service. Any contact or relationship that you have with, including any advice you receive from, any barrister via the Service is strictly between you and the relevant barrister only and subject to any separate terms you may agree with that barrister. We accept no responsibility or liability for, and have no involvement with, any such contract, relationship or advice.
3.2 We neither offer any legal advice or any type of legal service, nor make any statement (express or implied) that your use of the Service will produce any particular outcome (whether in relation to quality of advice or otherwise).
3.3 We take reasonable steps to ensure that the barristers using the Service have a current practice certificate and are qualified for direct access. The Bar Standards Board (www.barstandardsboard.org.uk) is the responsible organisation for barristers in England and Wales, and should you have any concerns in relation to any barrister whilst using the Service, you should contact the Bar Standards Board.
4. Your Use of the Service
4.1 You confirm that:
(a) any information and details provided by you to us are true, accurate and up to date in all respects and at all times; and
(b) you will at all times comply with these Terms.
4.2 You agree that in using the Service you will not:
(a) use the Service for any unlawful purpose or in a way which infringes the rights of anyone else or restricts or inhibit anyone else's use and enjoyment of the Service;
(b) use the Service in any way that interrupts, damages, impairs or renders the Service less efficient;
(c) impersonate any other person (living or dead), misrepresent your connection with a person or entity, or provide false or otherwise misleading information;
(d) transfer files that contain viruses, trojans or other harmful programs;
(e) authorise, encourage or assist any other person to, copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the Service;
(f) penetrate or attempt to penetrate the Service security measures; or
(g) email, publish or otherwise disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or that is otherwise inappropriate.
4.3 You are responsible for making all arrangements necessary for you to have access to the Service.
4.4 We reserve the right to suspend, restrict or terminate your access to the Service at any time without notice if we have reasonable grounds to believe you have breached any of the above restrictions or any other provision of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
4.5 Your use of the Service and its contents grants no rights to you in relation to our intellectual property rights (IPR) or the IPR of any third parties. We own or are licensed to use all IPR existing in, or in relation to, the Service and its contents. All rights and IPR in or relating to any third party content, branding, logos and registered and unregistered trade marks are owned by such third parties or their licensors.
4.6 You are permitted to download and print content from the Service solely for your personal use. Service content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our express written permission.
5. Availability and Content
5.1 We provide the Service on an 'as-is' basis and do not guarantee that the Service will be available or fault free and do not accept any liability for any errors or omissions. We may suspend or terminate the Service without notice at any time if we feel this is necessary (for example to perform upgrades or maintenance).
5.2 We make no statement that any content is accurate, complete or up-to-date, or that the Service does not infringe the rights of any third party.
5.3 We accept no responsibility or liability for your reliance on the Service and any reliance is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs in the Service, we accept no liability for them.
We may provide links to other websites as part of Service. You acknowledge that:
(a) we do not control such third party websites and are not responsible for their contents;
(b) we will not be party to any transaction or contract with a third party that you may enter into via such websites;
(c) we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites; and
(d) you agree that you will not involve us in any dispute between you and the third party.
7. Limits on Our Liability
7.1 We accept liability for death or personal injury caused by our negligence or that of our employees. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees.
7.2 If you are a consumer, you have certain rights under the law. These include that we will provide the Service with reasonable skill and care. Nothing in these Terms is intended to affect these statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau or Trading Standards Office.
7.3 If we breach these Terms and you are:
(a) a consumer, we shall only be liable for losses that are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and us at the time of entering into these Terms; or
(b) a trader, our total liability to you (whether in contract, tort (including negligence) or otherwise) will be limited to £500.
7.4 We are not responsible for: (i) losses not caused by our breach; (ii) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of your entering into these Terms; and/or (iii) failure to meet any of our obligations under these Terms where such failure is due to events beyond our reasonable control.
8. Personal Data
9.1 We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that this will not adversely affect the standard of the Service you receive under these Terms. In the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms to another legal entity, your only rights under or in connection with these Terms will be against the new legal entity and not against us. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
9.2 If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
9.3 If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
9.4 These Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer these Terms under clause 9.1.
9.5 Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, or the Service shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one, the seat, or legal place, of arbitration shall be London, and the governing law shall be the substantive law of England and Wales.