Service Terms and Conditions
1. Our Agreement
1.1 These service terms and conditions (Terms) are the terms and conditions on which we provide the myBarrister service (Service) to you (you, your). Please read these Terms carefully before subscribing to the Service. You should keep a copy of these Terms for future reference. These Terms are only available in the English language.
1.2 A contract between us and you for your subscription to the Service is only formed when you have registered and paid your subscription fee.
1.3 We may amend these Terms from time to time in order to reflect changes to the Service or for legal, regulatory or security reasons. We will give you reasonable notice by email of any changes to these Terms.
2. About us
2.1 We are MYBARRISTER LTD, a company registered in England and Wales (registration number 08136883) and with registered address of 6th Floor One London Wall, London, United Kingdom, EC2Y 5EB (myBarrister, we, us, our). Our VAT number is 1532909.
2.2 If you have any questions, complaints or comments about the Service or these Terms then please contact us on firstname.lastname@example.org
3. The Service
3.1 The Service is designed to introduce individuals and businesses to a barrister. It is designed to connect you and potential clients (clients). We accept no responsibility or liability for, and shall have no involvement with, any contact, relationship or dealings you may have with any clients introduced to you via the Service.
3.2 You agree to compensate and defend us fully against any claims or legal proceedings bought against us by any other person in respect of any relationship or dealings you may have with clients. You agree that you will not involve us in any dispute between you and any client.
3.3 We do not 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 and/or generate any particular outcome (whether in relation to volumes and/or quality of clients or otherwise).
3.4 We are constantly looking for ways to improve and expand the Service. You agree that we may do so to the extent that it is not detrimental to your use of the Service.
4. Your obligations
4.1 You must at all times in connection with the Service act in accordance to the standards of conduct prescribed or enforced by all relevant regulatory bodies (including the Bar Council) and law. This includes that you will at all times comply with the Bar Council Code of Conduct, have a current practising certificate, be qualified for Direct Access and not under investigation by any relevant regulatory authority.
4.2 You agree:
(a) to use best endeavours to respond to client enquiries directed to you via the Service on the day you receive them, and in any event within 24 hours. You may accept or decline any enquiry;
(b) that by accepting any enquiry, you commit to providing a 'Free First Call' to the relevant client for no charge. You may provide each Free First Call either by phone or in person, and during the First Free Call agree to use best endeavours to talk-though and understand the client's needs and arrange appropriate next steps; and
(c) we will have no part in any advice, relationship, contract or transaction that you may have, or enter into, with a client following an enquiry you receive via the Service, and we shall not be liable to you for any loss or damage which you suffer in respect of the same. You agree that you will not involve us in any dispute between you and any client.
5. Your use of the Service
5.1 Registration, Passwords and Security
As part of the Service you will be asked to set-up a password and username. You are responsible for maintaining the confidentiality of your password and username and are responsible for all activities that are carried out under them. We will not be responsible for losses suffered by you where your password or user name is used by someone else. You agree to notify us immediately by email to email@example.com if you become aware of or suspect any unauthorised use of your password or username.
5.2 Your promises to us
You confirm that:
(a) all information and details provided by you to us (including on registration and as displayed on any profile) are true, accurate and up to date in all respects and at all times; and
(b) you will at all times comply with the restrictions on your use of the Service as set out in these Terms.
5.3 Your conduct
You agree that in using the Service you will not:
(a) use the Service for any unlawful purpose;
(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) sell, pass-on or refer any inquiries or cases from users of the Service unless it is to a barrister within your current Chambers, and that you will make best efforts to refer any such enquiry or case to a member of myBarrister within your Chambers, and that you will undertake that your clerk(s) do the same;
(e) transfer files that contain viruses, trojans or other harmful programs;
(f) 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;
(g) access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Service security measures;
(h) 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; or
(i) advertise or promote third party or your own products or services by way of the distribution of 'spam' email.
6. Rights Granted and Reserved
6.1 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 third parties.
6.2 By submitting information, text, photos, graphics or any other content whatsoever to us in connection with the Service (for example, as part your profile) (Content), you grant us the right to use such Content at our own discretion in any media including, without limitation, the right to store, edit, copy, reproduce, disclose, and make such materials publicly available on the Service. You agree that we can edit or take down from the Service any Content you submit to us without notice if we believe it is in breach of these Terms (and will use reasonable efforts to promptly inform you of this). You also acknowledge that certain types of Content formats (for example video and audio files) may not be uploaded to the Service however. You are responsible for keeping copies of your Content, and we will not make any back-up copies or return any Content to you when you cease to use the Service.
6.3 You promise us that any Content you submit to us via the Service will not infringe the intellectual property or any rights of any third parties. In relation to any Content you submit which includes any personal information (as defined in the Data Protection Act 1998) relating to other people, for example where they appear in photographs, you also promise us that you have the right to do so and have obtained all necessary consents.
6.4 You agree to compensate and defend us fully against any claims or legal proceedings bought against us by any other person as a result of your breach of this clause 6 (including if you are unable to validly grant us the rights you agree to grant).
6.5 You acknowledge and agree that, although we use reasonable efforts to alert users of the Service that they may not misuse your Content (for example, by using it for commercial purposes), we cannot guarantee this and accept no liability to you if it is misused by third parties.
6.6 myBarrister is a trade mark and may not be used without the express written authorisation of myBarrister Ltd, other than to refer to myBarrister Ltd, or the business, services, products or website of myBarrister Ltd.
7. Fees, Term and Cancellation
7.1 The Fees
(a) The fees for the Services are
- £100 + VAT = £120.00 per month
(b) You confirm that any credit or debit card that is being used is yours. All credit debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your request to subscribe and we will not be responsible for any non-provision of the Service. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit or debit card payment.
7.2 Term and cancellation
(a) This agreement between us will begin on the date when both you and us have signed below and will continue until we or you terminate under these Terms.
(b) We may terminate these Terms for convenience at any time by giving you 10 days' notice in writing by email to your registered email address. We will refund the fees which you have paid in advance for the Service for the period after the Terms have ended.
(c) We may also immediately suspend your access to the Service and/or terminate this Agreement (in whole or in part) without notice and without refunding any fees if:
· you breach any of your obligations or restrictions under this Agreement; or
· if bankruptcy proceedings are brought against you, or if you do not pay a court judgment on time, or if you make an arrangement with your creditors or if your assets are the subject of any form of seizure.
8. Limits on our liability
8.1 We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
8.2 We are not liable to you for:
(a) any losses not caused by our breach;
(b) any loss of profits, loss of revenues, loss of opportunity, loss of goodwill or damage to reputation;
(c) any indirect or consequential losses; or
(d) any failure to provide the Service or to meet any of our obligations under these Terms where such failure is due to your breach or events beyond our reasonable control.
8.3 Our total liability to you for any loss or damage howsoever arising out of or in connection with these Terms shall be limited to the fees you pay us in respect of the Service.
8.4 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 for maintenance or upgrades), but will use best endeavours to notify you of the same in advance. Save as set out in these Terms, we specifically disclaim all warranties and/or conditions, express or implied, in relation to the Service including, but not limited to, any implied term, condition, representation or warranty of satisfactory quality or fitness for a particular purpose.
8.5 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.
9.1 We may transfer our rights or obligations or sub-contract our obligations under these Terms to another other legal entity. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
9.2 These Terms constitute the entire agreement and understanding of you and us relating to these Terms and supersedes any previous agreement or understanding between you and us in relation to the same. Neither you nor we have relied on any statement, representation, warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person that is not set out in these Terms.
9.3 If we delay exercising or fail to exercise or enforce any right available to us under these Terms, this does not constitute a waiver of that right or any other rights under these Terms. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us shall be effective unless it is expressly stated to be a waiver and is communicated to you.
9.4 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.
9.5 No provision of these Terms shall be modified or varied without the written consent of you and us.
9.6 These Terms are not intended to give rights to anyone except you and us.
9.7 We will do our best to resolve any disputes over this Agreement. If you wish to take court proceedings against us you must do so within the courts of England and Wales. Relevant English law will apply.