Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE TERMS OF WEBSITE USE This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website elselaw.co.uk (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site. Our site is operated by Else Solicitors LLP (we or us, or our). Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site. WHAT OTHER TERMS OR POLICIES APPLY? These terms of use refer to the following additional terms and policies, which also apply to your use of our site:
- Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
- Our Cookie Policy, which sets out information about the cookies on our site.
The provision of our services will be subject to the Else Solicitors LLP Terms of Business. WHO WE ARE? elselaw.co.uk is a site operated by Else Solicitors LLP (we or us, or our). Else Solicitors LLP is a limited liability partnership registered in England and Wales (OC346132) and is authorised and regulated by the Solicitors Regulation Authority. Our SRA Number is 513399. A full list of members may be inspected at the registered office – First Avenue, Centrum 100, Burton on Trent, Staffordshire, DE14 2WE. Our VAT number is 828477194. Financial Services and Markets Act 2000 We are able, in certain circumstances, to offer a limited range of investment services to clients because we are members of the Law Society. We can provide these investment services if they are an incidental part of the professional services we have been engaged to provide. We are not authorised by the Financial Conduct Authority. However we are included on the register maintained by the Financial Conduct Authority so that we can carry on insurance mediation activities, which is broadly the advising on, selling and administration of insurance contracts. The register is available at https://register.fca.org.uk under Exempt Professional Firms (EPF) Search. Insurance In accordance with the Solicitors’ Indemnity Insurance Rules, we have obtained and maintain professional indemnity insurance. This insurance is with Zurich Insurance Plc a public limited company incorporated in Ireland with registration number 13460 and whose registered office is Zurich House Ballsbridge Park, Dublin 4, Ireland. The UK branch of Zurich Insurance Plc is registered in England and Wales with registration number BR7985, and whose UK branch head office is The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire, PO15 7JZ. Complaints We aim to provide a service which matches your expectations and instructions and have an excellent record in providing client care of an exceptional standard. If however you are dissatisfied with any aspect of our service, please let us know as soon as possible. To resolve swiftly any client dissatisfaction, we operate a complaints handling procedure. If you want to discuss any aspect of the way your instructions are being undertaken please speak to the Client Partner responsible for your matter and identified in your client care letter. If your complaint is unresolved please ask for the matter to be referred to Christopher Else and/or Andrew Hickman. A copy of our Complaints Handling Procedure can be made available to you upon request. If your complaint relates to Christopher Else and/or Andrew Hickman or we are unable to resolve the complaint then we operate a complaint system through a local firm of solicitors who will try to resolve the matter – details of this is available at www.legalombudsman.org.uk. You may contact them on tel No: 0300 555 0333 (Overseas: +44 121 245 3050); email them to enquiries@legalombudsman.org.uk or write to them at PO Box 6806, Wolverhampton, WV1 9WJ You can also refer the matter to the SRA and details are available at www.sra.org.uk. Any complaint will be investigated promptly and thoroughly and an explanation of the investigation will be given to you. This will be in writing if required. If you are not satisfied with the internal procedure, you may seek further help from the Legal Complaints Ombudsman. Details of the Legal Complaints Ombudsman are available at www.legalombudsman.org.uk. Alternatively if your complaint relates to a specific solicitor you can also refer to the Solicitors Regulation Authority and details are available at www.sra.org.uk. Our relationship is based on mutual trust and confidence. In the event of that coming to an end, it would be undesirable for us to continue to act. Accordingly, we believe it is right that you should be entitled at any time to cease instructing us and similarly we should be entitled to cease acting for you at any time (subject in our case to any overriding professional requirement to continue acting). In addition to the matters referred to above, you are entitled to complain regarding our charges. This may include:-
- You making a complaint about the firm’s invoices, such complaint to be made as set out above; and/or
- You exercising the right to object to an invoice by making a complaint to the Legal Complaints Service or the Office of Legal Complaints; and/or
- You making an application to Court for an assessment of the invoice under Part III of the Solicitors Act 1974.
HOW MAY WE CHANGE THESE TERMS? We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. HOW WE MAY CHANGE OUR SITE? We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions. HOW DO YOU ACCESS OUR SITE? Our site is made available free of charge, however certain parts may only be made available to staff and clients. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. WHAT DO I DO WITH MY USERNAME OR PASSWORD? If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@elselaw.co.uk. INTELLECTUAL PROPERTY RIGHTS We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. WHAT RELIANCE CAN YOU PLACE ON OUR SITE? The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. HOW IS OUR LIABILITY LIMITED? Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of legal services to you as set out in our Terms of Business. HOW DO YOU UPLOAD CONTENT TO OUR SITE? Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. The views expressed by other users on our site do not represent our views or values. VIRUSES We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. CAN YOU LINK TO OUR SITE? You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to make any use of content on our site other than that set out above, please contact us on info@elselaw.co.uk. WHAT ABOUT LINKS TO THIRD PARTY WEBSITES AND RESOURCES IN OUR SITE? Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. WHAT IS THE APPLICABLE LAW? If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales. HOW DO YOU CONTACT US To contact us, please email info@elselaw.co.uk. Thank you for visiting our site.