Please read these terms and conditions carefully before continuing as they apply to your access to and use and purchase of the services described in this part of our Website. They will form the basis of any agreement between us should you wish to make a purchase. We request that you pay particular attention to our privacy policy below which sets out the principles by which we abide in relation to the treatment of information about visitors to our Website.
To protect your own interests, please read these terms and conditions carefully before agreeing to them. When first registering for a user account with us you will be asked to check a box indicating that you have read these terms and conditions and wish to proceed. If you do not agree to the terms and conditions then you cannot proceed with an order or use this part of our Website.
You may save these terms and conditions for your future reference by clicking on "File\Save As" and print a copy of them by clicking on "File\Print".
These terms and conditions constitute the entire agreement between us with respect to this part of our Website and the services we provide through it and supersede all prior communications and agreements between us, whether electronic, oral or written, regarding the subject matter contained in this part of our Website. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Legal Information
The content of this part of our Website (including legal documents and correspondence available through your user account with us) does not constitute a definitive or complete statement of the law and are not tailored to meet your individual legal requirements. Your use of this Website does not constitute legal advice and we recommend that you seek specific advice from a suitably qualified person before dealing with any situation which may be covered by information contained in this Website.
Document Assembly Service
This paragraph applies if you choose to use any one of our document assembly services (for the purpose of this paragraph, the "Service").
Limitation on Service
The Service automatically produces a version of a standard document when your personal details are inserted into the relevant template. Whilst the computer system is interactive it is incapable of detecting whether the information you input makes legal or grammatical sense and you are responsible for ensuring that the answers you provide are inserted correctly and we accept no responsibility for any errors made by you.
Whilst we have taken care in ensuring the accuracy of the contents of the documents, changes in the law may render certain documents out of date from time to time and we make no warranty that the information or documents accessible using the Service are current, complete or up-to-date. Since document assembly is an automated process we do not make any representation or warranty that the document you choose is fit for any particular purpose other than any described specifically on our Website in relation to a specific document. Although you may use the documents as many times as you wish, you will not be notified if any particular document has been amended and we recommend that you check our Website before you re-use a particular document to ensure that you have the latest version.
We accept no responsibility for any modifications you make to any of the documents nor for any change in circumstances particular to you which might compromise the effectiveness of the Service offered.
Jurisdiction
The documents have been prepared in compliance with the laws of England and Wales and are not suitable for use in other parts of the United Kingdom or overseas. You should seek appropriate legal advice if you are unsure as to which country's law or jurisdiction applies to your circumstances.
None of the documents or correspondence comprising the Service may be used for any purpose in connection with people or property in any countries other than England and Wales. By clicking the "I agree and would like to continue" button below you warrant to us that you are over 18 years of age and you will not use any document for such a purpose.
Payment
The VAT inclusive price of each document, form, letter or other document available for purchase will appear next to its description on the Website. We will accept payment for the relevant purchase only by credit card and once your payment details have been accepted, unless we have agreed otherwise in writing, you will be charged the cost of each document you have purchased whether or not you complete it.
Use of Information
Your right to use a document or service purchased through this Website is personal to you and such document or service is licensed to you on a non-exclusive basis and on the condition that you do not use it for any commercial purpose or resell it to any third party.
Data Protection and Privacy
Any information you give to us will be stored and used in accordance with our privacy policy set out below.
Security
Access to your user account with us and the material available on our Website will be gained by using the username and the password selected by you during the registration procedure or (if you have requested that we provide you with access to certain services) the username and initial password that we have sent you. You are responsible for ensuring the confidentiality and proper use of your username, password and account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. In order to assist us with our security policy, you should not leave your computer terminal unattended while you are logged on to our Website and should ensure that it is switched off each time you have finished.
You must tell us immediately if you believe that an unauthorised person knows your username or password or has access to your account.
We reserve the right to refuse service or terminate your account if we suspect an unauthorised person is attempting to access it.
Limitation of Liability
Your attention is drawn specifically to this paragraph
This Website or any part of it may not be compatible with your browser or computer configuration and we make no warranty that it is. We make no warranty that our services via this Website will be available at any particular time or that your access to our Website will be uninterrupted, timely or error free and we will not be responsible if we are unable to provide the Website or its services for any reason.
If you are accessing our Website and services in the course of a business, all implied warranties and conditions are excluded to the maximum extent permitted by law.
We shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of any unauthorised or possible unauthorised use of your username and password or of a breach of security.
We shall not be liable for any loss of profit, data loss, loss of production, depletion of goodwill or any indirect loss, costs or expenses whatsoever arising out of your use of our Website, your purchase of services or our failure to deliver services contained on our Website. Our total liability for losses arising out of your use of this Website, your purchase of the services available through it or our failure to deliver any such services shall be limited to the total cost of the purchase under which the claim arises for any one event or series of connected events or, if no service has been purchased, to 100.
However, if you are accessing our Website to use the services available through it otherwise than in the course of your business, you have certain statutory rights as a consumer regarding the performance of services. These statutory rights are not and will not be affected by any statement contained in these terms and conditions (and in particular, any provision which has the effect of limiting our liability to you in the event that any document purchased through our document assembly service is defective or fails to correspond with the description given to it on this Website shall not apply).
You also have certain rights under the Electronic Commerce (EC Directive) Regulations 2002 because we are advertising and selling our services on line. If we do not comply with these Regulations you have certain remedies. These terms and conditions do not affect your remedies under those Regulations.
You warrant to us that you will not use this Website or any other services accessible through your user account with us for any unlawful purposes or in a way that is prohibited by these terms and conditions or terms and conditions contained elsewhere on our Website. We may immediately terminate your account and your ability to access this Website if you breach any such terms and conditions or if we believe that we or our other customers may incur liability from your actions.
Indemnity
If you are accessing our Website in the course of a business, you agree to indemnify us and to keep us indemnified from all or any liability or damages we incur in contract, tort or otherwise towards a third party as a result of your use of this Website or any of the services accessible through your user account.
Commencement of Services
If you intend to purchase any of our services for a purpose which is outside your business, the Consumer Protection (Distance Selling) Regulations 2000 (the "Regulations") will apply to the agreement between us with respect to provision of such service. By selecting the "I agree and would like to continue" button below you agree that the performance of the relevant service will begin immediately upon your payment and that, unless we agree otherwise, you will have no right to cancel the agreement between us by giving notice of cancellation pursuant to Regulation 10 of the Regulations.
Our Customer Complaints Policy
This Website and the services available on it are provided by Dickinson Dees, a firm regulated by the Law Society of England and Wales and the United Kingdom's Financial Services Authority. We are committed to meeting the highest quality standards in the delivery of the service we provide to our customers. We aim to provide efficient and effective service and take any problems that do arise very seriously indeed. We aim to ensure that any complaints our customers may have are identified quickly and dealt with in accordance with our complaints handling procedure. In the event that you have any cause for complaint with regard to any of our services please click on the "Contact Us" button at the top of this page. Alternatively, you may raise the matter with Graham Wright (our Client Service Partner). We will investigate your complaint in accordance with an internal written procedure which involves:-
- acknowledging any complaint and responding in full within 28 days or, if that is not possible, letting you know within that time when we will be able to respond fully;
- carrying out a full review of your matter;
- responding to you with our views on your complaint and how we propose to resolve it;
- if you are not satisfied with our response, instigating a further review by our Client Service Partner.
If you remain unsatisfied after our Client Service Partner has reviewed your complaint, you may take your complaint to the Office for the Supervision of Solicitors.
A copy of our written complaints procedure will be provided to you upon request.
Notice
Pursuant to Article 4 of the Solicitors (Non-Contentious Business) Remuneration Order 1994 (the "Order") you may within one month after receiving an invoice in respect of non-contentious business where the fee element charged does not exceed 50,000 require us to obtain a certificate ("Remuneration Certificate") from the Law Society stating whether the fee charged is fair and reasonable.
Pursuant to Article 11 of the Order you must, on requiring application for a Remuneration Certificate to be made, pay all of the paid disbursements and all of the value added tax comprised in the invoice together with 50% of the fee element shown on the invoice. If it can be shown that exceptional circumstances apply you may ask the Law Society at 8 Dormer Place, Royal Leamington Spa, Warwickshire, CV32 5AE to waive the requirements of Article 11. Your rights are more fully set out in the Order.
Pursuant to sections 70, 71 and 72 of the Solicitors Act 1974 you may (in accordance with the provisions of those sections) make an application for taxation which is an assessment by the court as to the reasonableness of any costs claimed in any invoice delivered to you in respect of work undertaken on your behalf.
General
If any provision contained in these terms and conditions is determined to be invalid or unenforceable the remainder of the terms and conditions shall not be affected.
Our Website is operated and controlled from the United Kingdom and these terms and conditions and your use of this Website are governed by and construed in accordance with the laws of England and Wales. Unless you are using our Website and services as a consumer, by agreeing to these terms and conditions you consent to all disputes arising out of or relating to your use of this Website being decided only by the courts of England and Wales. If you are accessing this Website from another jurisdiction it is your responsibility to ensure compliance with the laws that apply to that jurisdiction.
You are not permitted to assign your rights under these terms and conditions. All rights under the Contracts (Rights of Third Parties) Act 1999.
Privacy Policy
Our privacy policy relates only to information that we obtain from you. If you visit a Website operated by a third party through a link included on this Website, your information might be used differently by the operator of the linked Website.
The type of information we will collect about you includes:-
- your name and address;
- your phone number and e-mail address;
- your credit card details if you subscribe to one of our online services;
- your occupation;
- your interests;
- the information included in any documents you complete or online services to which you subscribe;
- details about the services you specifically request; and
- information you complete in relation to our client surveys.
We will never collect sensitive information about you without your explicit consent.
Any information that we collect about you is stored electronically on our database. It may also be printed and stored in our filing system.
The information you provide to us when using this Website will be processed for the following reasons:-
- to administer your user account with us;
- to process any request for advice or information supplied by us;
- to customise this Website according to your interests;
- to comply with our statutory and regulatory obligations; and
- to process any application made by you for a position with us.
Additionally we may contact you from time to time by post and/or telephone to notify you of our bulletins, information packs and services. If you do not wish to receive additional information from us, you can let us know by checking the appropriate box on the new account registration form or by e-mailing law@dickinson-dees.com
We will keep your personal information confidential except to the extent that we are compelled to disclose it by law (for example where fraud or other crime is involved) or to comply with an instruction of a regulatory body of competent jurisdiction (such as the Law Society). From time to time we may be called upon to demonstrate our maintenance of certain professional standards as set by appropriate authorities and/or to satisfy our auditors and/or to comply with regulations in relation to money laundering or other statutory requirements. If you do not consent to our production of your details for this purpose only as an exception to our duty of confidentiality, you can let us know by checking the appropriate box on the new account registration form.
If you believe that the information we hold about you is inaccurate, write to us at the above address or email law@dickinson-dees.com. We will then correct the information as soon as possible.
To comply with the Data Protection Act 1998 we adhere to strict security procedures. The personal information which we hold will be held securely to ensure no unauthorised disclosure or access. In order to assist us with our security policy, you must adhere to the provision set out in the security paragraph of our terms and conditions set out above.
By registering to participate in one of our information rooms or forums you consent to the wider dissemination of the information you provide to the other participants in that information room or forum to achieve your joint objectives.
We reserve the right to appoint an Internet service provider to host our Website on our behalf which may be situated outside the European Economic Area. By agreeing to our terms and conditions of use of our Website you consent to any transfer of your personal information outside the European Economic Area. This may be necessary for us to achieve the purposes set out above.
We may use technology to track the patterns of behaviour of visitors to our Website. This can include using a "cookie" which would be stored on your browser. You have a right to refuse this and if you don't want this to happen, then you should modify your browser to prevent this happening.
We have appointed an agent to collect credit card payments from you on our behalf for any purchases you make through your user account. All credit card transactions from this Website are carried out over a secure link. By transmitting your card details you agree to our agent using your details for the purposes of:-
- authorising your card;
- debiting your card account for the services you use; and
- advising us that payment has been made.
If you have any questions in relation to our privacy policy, you can contact us by e-mail at law@dickinson-dees.com.
Notice under Solicitor's (Non-Contentious Business) Remuneration Order 1994 and Solicitors Acts contained under the heading Notice.
By clicking the "I agree and would like to continue" button below, you agree that you:-
- have read and understand the terms and conditions set out above;
- consent to our use of your information in accordance with our privacy policy set out above;
- waive any rights you may have to object to us acting on behalf of a client in relation to a particular matter (even if were we to so act, it would be contrary to your interests);
- understand the need for seeking independent legal advice to ensure that any particular document or form meets your personal requirements; and
- agree to be bound by the terms and conditions.