Terms & Conditions

Thank you for accessing our Service at https://www briefabarrister.com (the "Website" or "Briefabarrister"). Use of the Service is governed by the following General Terms of Use, the Client User Agreement and Barrister User Agreement ("User Agreements"), collectively referred to as the "Agreement".

Please read them carefully as they govern your use of the Service. Do not use the Service unless you wish to be bound by these terms because, by continuing to use any part of the Service, you confirm your acceptance of the General Terms of Use (which also includes the Privacy Policy) and the User Agreement which applies to you and your use of the Service.

A: General Terms of Use
(Applicable to all users)

B: Client User Agreement
(Applicable to users seeking the services of a Barrister)

C: Barrister User Agreement­­­­­­­­­­­­
(Applicable to Barristers and Barrister's Chamber representatives seeking to source opportunities to provide their services to Client Users)

The Service is for use in the United Kingdom only. If you access the Service from any other location, the exclusive jurisdiction of the English courts applies. You are responsible for all compliance with laws and regulations which apply to you.

These Agreement was last modified on 1st July 2016

 


 

A: General Terms of Use

1. Definitions

2. Service Content

3. Links and User Content

4. Use of Information

5. Use of the Service

6. Intellectual Property Rights

7. Limitation of Liability

8. Our Rights

9. General

 

1. Definitions

We are New Wayve Software Development, trading as Briefabarrister. Our registered company number is 08583660 and our registered office is at 145-157 St John Street, London, EC1V 4PW, England.

Where we refer to ourselves in this Agreement, this is also taken to include (where the context allows) our group companies, affiliates, and our and/or their employees, associated and contracted persons, and persons supplying services to us or them. You can contact us via our online contact form.

Where we refer to you in these General Terms of Use and User Agreements, this also includes any person that accesses or uses our Service on your behalf. The "General Terms of Use" include the terms set out here and the Privacy Policy as made available via the internet and/or our "Apps" from time to time.

Our "Apps" are the Briefabarrister 'Find a Barrister' application and 'Find Cases' application and any other application that we may release in the future (each as modified and/or updated by us from time to time).

The "Service" consists of the Website, our Apps, any pages we operate on third party social media applications, and the content and services we make available through them via the internet, mobile devices including smart phones and tablets, and/or interactive television devices and services, together with the provision by us of associated information, products and services by e-mail, telephone, fax or mail.

Any person using the Service to promote their services (except us), including individual Barristers as well as Chambers representing Barristers, shall be a "Barrister User" and any information they upload to the Service, and all information relating to them or their subcontractors (including by communicating via the Communities), is referred to as "Barrister Information".

Any person using the Service to publish details of enquiries ("Enquiries") for which they invite responses from Barristers Users through the Service is referred to in this Agreement as a "Client User" and any information they upload to the Service, and all information relating to them (including by communicating via the Communities), is referred to as "Client Information".


 

2. Service Content

The vast majority of the material on the Service originates from our users and we have little or no editorial control over the material. We rely on Client Users to accurately describe their requirements which they invite responses from Barrister Users through the Service ("Enquiry" or "Enquiries").

We therefore cannot guarantee the accuracy, timeliness, completeness, performance or fitness for any particular purpose of the material available through the Service. We cannot accept responsibility for errors, omissions, or inaccurate material available through the Service, and make no warranty that the Service will be uninterrupted or error free, or that any defects will be corrected.

Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Service will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-virus software to protect your equipment and data.

We do not endorse or recommend any particular third party service. Any material you obtain from the Service is used at your own risk, and we will not be liable for any loss or damage arising out of or in connection with access or use of the Service (except to the extent that such liability cannot be excluded by law).


 

3. Links and User Content

It is not possible for us to review all websites which are linked from the Service (or link to the Service), and you should therefore take care when following any link. We cannot accept liability for any loss or damage that may be suffered as a result of following any links.

The Service contains discussion forums, bulletin board services, chat areas, communities and/or other message or communication facilities (collectively "Communities"). Although we hope that all users will use the Service responsibly, and we require all users to ensure that all content that they post on the Service is lawful, we are not responsible for reviewing or policing user content and so it is possible that Communities may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabelled or are otherwise deceptive. We urge you to exercise proper judgement and to use caution and common sense when using Communities. We do not control the information delivered to the Communities, and have no obligation to monitor the Communities.

You are responsible for your own communications and for any consequences arising out of them. The Communities are intended to allow users to send and receive messages and material that are legal, proper and related to the particular Community, and you agree that you shall use them only for this purpose.

We do not guarantee the truthfulness, accuracy, or reliability of any communications posted in the Communities or endorse any opinions expressed in the Communities. You should take all due care in relying on material Posted in the Communities, as this is done at your own risk.

It is important for you to note that all Communities are public, and that others may read communications made via the Community without the author's knowledge. Always use caution when giving out any personally identifying information about yourself in any Community, and do not give personally identifying information about any other person unless entitled to do so.


 

4. Use of Information

You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your own information) from the Service without our prior written permission.

You acknowledge that we may edit, modify or remove any parts of Client Information or Barrister Information which we consider is in breach of any of the provisions of this Agreement, and/or suspend or terminate your access to the Service without notice.

You consent to information about the device you use to access the Service being collected and processed for fraud prevention purposes and we may use third parties (and information they provide) to help us prevent fraud or unauthorised access to our Service.


 

5. Use of the Service

You agree not to use the Service in any unlawful manner and in particular shall not:

  1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
  2. publish, post, upload, distribute or disseminate ("Post") any inappropriate, defamatory, abusive, infringing, obscene, discriminatory or otherwise unlawful material;
  3. Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any person;
  4. Post any corrupted files, files that contain viruses, or any other code that may damage the operation of a computer or other electronic device;
  5. conduct or forward surveys, contests other than in Communities (as defined below) intended for such uses, and shall not forward pyramid schemes or chain letters;
  6. download any file Posted by another user of a forum that the user knows, or reasonably should know, cannot be legally distributed in such manner;
  7. impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the original or source of software or other material contained in a file that is Posted;
  8. cause the Service to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Service is in any way impaired; or
  9. restrict or inhibit any other user from using and enjoying the Service.

 

6. Intellectual Property Rights

You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Service or any part of it (the "Rights"), including the manner in which the Service is presented or appears and all information and documentation relating to it is our property (or that of our licensors), and nothing in these General Terms of Use shall be taken to transfer any of the Rights to you.

Solely for the purposes of receiving the Service, we hereby grant to you for the period during which the Service is provided a non-exclusive, non-transferable, licence to use the Rights.


 

7. Limitation of Liability

Notwithstanding any other provision, nothing in these General Terms of Use shall exclude or limit either party's liability for death or personal injury caused by that party's negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

If you are dissatisfied with the Service or any of these General Terms of Use, your sole remedy under these General Terms of Use shall be to discontinue use of the Service.

Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.

Other than as set out the Limitation of Liability section the General Terms of Use or the User Agreements, and notwithstanding any other provision of these General Terms of Use, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any loss or damage whatsoever arising from or in any way connected with these General Terms of Use or the User Agreements.

We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).

Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into these General Terms of Use and User Agreements by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.

In the event that any limitation or exclusion of liability in these General Terms of Use or User Agreements proves ineffective, then we shall not be liable to you for more than £100 in aggregate. If you register on the website or any Apps, then only the aggregate cap on liability under the User Agreement which you enter into upon registration shall apply. If you register as both a "Client User" and as a "Barrister User" then only the aggregate cap in the Barrister User Agreement shall apply.

We cannot guarantee the day or time that we will respond to any email, telephone or written enquiries or Website form submissions.

Each of the provisions of this Clause shall be construed separately and independently of the others.


 

8. Our Rights

We reserve the right at all times to edit, refuse to post, or to terminate the provision to you of the Service or to remove from the Service any information or materials for any reason whatsoever, including a likely breach of a User Agreement, and to disclose any information we deem appropriate to satisfy any applicable law, regulation, legal process, police request or governmental request.

We reserve the right to terminate the provision to you of the Service or restrict your access to the Service at any time without notice for any reason whatsoever (provided that no further fees shall accrue for terminated Service after the date of such termination).

Without prejudice to the generality of the above, we reserve the right to restrict your access to the Service at any time without notice in the event that we suspect you to be in material breach of any term of these General Terms of Use or User Agreements (which shall include, without limitation, where payments due from you are overdue by 14 days or more).

We reserve the right to modify or discontinue temporarily or permanently all or part of the Service with or without notice without liability for any modification or discontinuance.

We may vary these General Terms of Use and User Agreements from time to time and shall post such alterations on the Service.

If you do not agree to any revisions made by us to the General Terms of Use or the User Agreements then you have the right to stop using Service, and should do so immediately. All revisions that we make shall become effective on the date four business days after the date on which the revised terms in question are posted on the Website. Your continued use of the Service after the date the changes have been posted will constitute acceptance of the relevant amended User Agreement.


 

9. General

Clause headings are inserted for convenience only and shall not affect the interpretation of these General Terms of Use or the User Agreements.

If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of these General Terms of Use and User Agreements shall remain in full force and effect unless the business purpose of these General Terms of Use is substantially frustrated, in which case they shall terminate without giving rise to further liability.

You may not assign, transfer or sub-contract any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.

No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.

These General Terms of Use and User Agreements constitute the entire Agreement as to its subject matter and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral with the exception of the Client User Agreement or Barrister User Agreement where these have been entered into. To the extent that there is any conflict between them, those agreements shall apply in the following order of precedence:

  1. General Terms of Use
  2. Barrister User Agreement (for Barristers)
  3. Client User Agreement (for Client Users)

You acknowledge that you have placed no reliance on any representation made but not set out expressly in these General Terms of Use.

Any notice to be given under these General Terms of Use and User Agreements may be given via e-mail, regular mail, facsimile or by hand to the address provided on the Website or otherwise as notified by one party to the other.

Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.

Notwithstanding any other provision in these General Terms of Use or User Agreements, a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce these General Terms of Use or User Agreements.

These General Terms of Use and User Agreements shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.

In the event of any comments or questions regarding these General Terms of Use or User Agreements (including the Privacy Policy) then please Contact Us.

 

 

B: Client User Agreement

Please read this User Agreement and the General Terms of Use carefully, as together they govern your use of the Service. Do not use the Service unless you wish to be bound by this User Agreement because, by clicking 'Finished - Send My Enquiry' and/or continuing to use any part of the Service, you confirm your acceptance of this Agreement (which also includes the Privacy Policy).

By clicking 'Finished - Send My Enquiry', you are requesting us to provide the Service as soon as reasonably practicable.

Please note that if you wish to access or use the Service as a Barrister then you must read and accept the "Barrister User Agreement".

This User Agreement was last modified on 1st July 2016

1. Service Content

2. Use of the Service

3. Fees

4. Cancellation and Termination

5. Use of Information

6. Arrangements with Barrister Users

7. Indemnity

8. Limitation of Liability

9. Our Rights


 

1. Service Content

Any information, ratings or feedback about Barristers found on the Service are provided by users, not by us. We do not endorse or recommend any particular Barrister. Any material you obtain from the Service is used at your own risk, and we will not be liable for any loss or damage arising out of or in connection with access or use of the Service (except to the extent that such liability cannot be excluded by law).


 

2. Use of the Service

You are responsible for ensuring that you are legally entitled to publish any information which you upload. You may only use the Service to invite responses for genuine Enquiries where you have authority to appoint one or more Barristers and your intention is to do so subject to agreeing appropriate terms.

It is your responsibility to select a suitable Barrister and to negotiate the terms of service to be provided by the Barrister selected in response to an Enquiry. We do not guarantee any specific Barrister's information, accreditation, or registration. We make no warranty regarding any goods or services purchased or obtained through listing an Enquiry on the Service or any transactions entered into through the Service, and you should in all cases make your own enquiries. In particular, it is your responsibility to carry out appropriate checks (including, where relevant, DBS checks) on any Barrister that you are considering engaging and to request evidence of relevant accreditations, and to satisfy yourself that the Barrister is solvent and has appropriately qualified and certified personnel to complete the Enquiry prior to contracting. You should not engage any Barrister or make any deposit or other payment to them without having conducted such checks to your full satisfaction. While our hope is that you will be happy with every Barrister you find through the Service, you should not engage any Barrister if you have any doubts or concerns about them.

We will not be a party to any contract made between you and any Barrister and therefore we shall not be liable for any loss or damage that results from any dealings between you and any Barrister including but not limited to any direct, indirect or consequential or inconsequential loss of any kind.

You agree that you will comply with the Privacy Policy.


 

3. Fees

Use of the Service is generally free of charge to Client Users, but we may charge a fee for use of specific Service features that offer enhanced functionality or additional user benefits, including, for example, a Featured Posting service which may be introduced in the future. Our Featured Posting service would offer you the opportunity to have your Enquiry listing made more prominent, and in some circumstances, Barristers may prioritise such Enquiries.

Where we charge a fee for using a specific Service feature, this will be made clear to you through the Service and you will not be charged unless you specifically request that feature and take a conscious and specific action through the Service (for example by clicking on an order confirmation link).

Our fees are quoted in Pounds Sterling, and we may change them from time to time, either temporarily - for example, in connection with certain promotions or the launch or marketing of new services, or for an extended period or permanently until our next fees review. We will notify you of such changes to our fees by posting such changes through the Service. Such changes will not affect any existing payment obligation to us, but they will be effective for any new or further use of the relevant service from the date on which we post the revised fees on the Service.

You are responsible for paying all applicable fees when they are due. If you fail to pay the relevant fees, without prejudice to any other right or remedy we may be entitled to under this Agreement or by law, we may limit your ability to use the applicable services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

When you invite Barristers to respond to an Enquiry through the Service, we cannot and do not guarantee that you will receive any responses or that, if you do, any Barristers that do respond will be suitable or able to provide a suitable service to you. This is the case whether you use the Service functionality for posting Enquiries that we make available free of charge or our Featured Posting service or, unless we explicitly confirm otherwise in writing, any other paid-for aspect of the Service. You are therefore not entitled to any refund if you do not receive any responses, or if you consider that any responses you have received are not suitable for your purposes.

You acknowledge and agree that if you breach any of the provisions set out in the section entitled 'Use of the Service' above, we may suspend or terminate your access to any paid-for features, and/or remove any content you have Posted, including content included in Featured Postings or otherwise relating to Projects.


 

4. Cancellation and Termination

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel certain contracts for services within fourteen (14) days of the day after the day on which such contracts are concluded. Additionally, the consumer protection (distance selling) regulations 2000 provide for a right to cancel certain other contracts, although this right exists for a shorter period. However, in both cases, these rights no London apply where, at your express request, the service provider begins to provide the requested service(s) before the expiry of the relevant notice period.

If you use our Featured Posting service (or the Service functionality we make available for posting Enquiries free of charge), this constitutes an express order by you to us to post the information you provide to us about your Enquiry on the Service, and invite Barrister Users to respond to it, when you submit your Enquiry. Since we provide this service on receipt of your instructions to do so you acknowledge and agree that although you may cancel or withdraw an Enquiry listing if you no longer wish to receive responses to it from Barrister Users, you will not be entitled to any refund in respect of any payment you may have made in respect of that listing (for example, through our Featured Posting service).

Subject to the above, you may cancel an Enquiry listing that you have posted at any time through 'My Enquiries' on the main navigation. Click 'View Enquiry' for the Enquiry you wish to cancel and then click the 'Cancel Enquiry' button.

If you wish to completely close your account and terminate this Agreement, you may do so by contacting our Customer Service Team (see our Contact Us page for details of how to get in touch with us). This process will not affect any arrangements you have already entered into with a Barrister.


 

5. Use of Information

You are solely responsible for the content, accuracy, and completeness of the Client User Information, and agree only to provide true, accurate, current and complete information.

Due to the nature of the Service, we will not copy, reproduce, modify, publish, edit, translate, distribute, perform, and display the content of your Enquiry except for the purpose of sharing it with Barristers.


 

6. Arrangements with Barrister Users

Should you have a dispute with a Barrister User, you must address such dispute directly to the Barrister concerned. However, you agree to notify the details of the dispute to us as soon as reasonably practicable.

We may decide to investigate any grievances held by you or by a Barrister User and may discuss any such investigation with all involved parties. We may take any lawful action we deem necessary in the event of a grievance, but likely outcomes of a grievance investigation include:

  1. you and the Barrister User being allowed to continue using the Service;
  2. your and/or the Barrister User's access to the Service being suspended for a period of time;
  3. your and/or the Barrister User's access to the Service being terminated and banned for a definite or indefinite period.

Save as provided above, we cannot be involved in your dealings with a Barrister and, in the event that you have a dispute with one or more Barristers, you hereby release us from any and all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.


 

7. Indemnity

It is your responsibility to ensure that you are entitled to provide the Client Information and you therefore agree to indemnify us against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by us in connection with any actual or threatened claims of any kind (including without limitation any claim of trademark or copyright infringement, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from your provision of Client Information.

We shall indemnify you against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by you in connection with any actual or threatened claims of any kind (including without limitation any claim of trademark or copyright infringement, defamation, breach of confidentiality, false or misleading advertising or sales practices) that any material on the Service generated and uploaded by us infringes the intellectual property of any third party.


 

8. Limitation of Liability

The sole warranty that we make is that we promise to provide any features of the Service that you pay for with reasonable skill and care.

If you are dissatisfied with the Service, or the terms of this Agreement, your sole remedy under this Agreement shall be to discontinue use of the Service.


 

9. Our Rights

If you have made a payment for our Featured Posting service, or for any other paid-for service that we may offer from time to time, and we have not completed delivery of that service, then subject to the provisions of the General Terms of Use, we shall only be entitled to suspend or terminate provision of the Service to you, or terminate this Agreement on prior written notice:

  1. such notice to become effective only when we have completed delivery of the service that you have paid for or, if the following period is longer
  2. on three (3) days' prior written notice.

In all other circumstances, we reserve our rights to: modify or discontinue temporarily or permanently all or part of the Service; terminate the provision to you of the Service or restrict your access to the Service; and/or terminate this Agreement at any time without notice for any reason whatsoever, without liability of any kind to you (provided always that any such termination shall be without prejudice to the rights and liabilities of each party accrued prior to such termination).

 

 

C: Barrister User Agreement

Please read this User Agreement and the General Terms of Use carefully, as together they govern your use of the Service. Do not use the Service unless you wish to be bound by this User Agreement because, by clicking 'Join BriefaBarrister' and/or continuing to use any part of the Service, you confirm your acceptance of this Agreement (which also includes the Privacy Policy).

Please note that if you wish to access or use the Service as a Client User then you must read and accept the "Client User Agreement".

This User Agreement was last modified on 1st July 2016

1. Definitions

2. Client Users and Enquiries

3. Use of the Service

4. Payments

5. Use of Information

6. Arrangements with Client Users

7. Qualifications and Certification

8. Indemnity

9. Limitation of Liability

10. Our Rights


 

1. Definitions

Where we refer to you in this User Agreement, this also includes any person that accesses or uses our Service on your behalf in order to receive information which will assist them in securing Enquiries from Client Users.

When you sign up to receive our services, we will provide a "Membership Confirmation", which confirms that we will provide the Service to you in accordance with this Agreement. We may issue this to you in electronic or hard-copy format. There will also be a tariff of charges applicable to your membership level as set out in the Membership Confirmation.


 

2. Client Users and Enquiries

It is your responsibility to determine whether you wish to be considered for or respond to or provide services to any Enquiry or deal with any Client User. We do not vet Client Users or their Enquiries on behalf of our Barrister Users, and we will not be liable to you in respect of any Enquiry or relationship with any Client User in any way. We therefore recommend that you carefully assess each Enquiry and carry out whatever lawful checks you consider appropriate in relation to any Client User before undertaking any work for them.


 

3. Use of the Service

You may not respond to any Enquiry which may not legally be performed by you.

A core purpose of the Service is to connect Client Users to genuine Barristers who wish to provide professional services for those Client Users. The Service is therefore not for use by Barristers who do not intend to carry out and ensure successful completion of each Enquiry they accept. You therefore agree that you will not in any circumstance:

  1. use the Service for the purpose of reselling, exchanging or purchasing or otherwise obtaining leads from other Barristers;
  2. pose as a Client User and post fake Enquiries whether for purposes of identifying potential Barristers in your area with whom you may wish to work, or in order to receive information from other Barristers about their businesses and Enquiry proposals, or for any other purpose whatsoever.

You agree that you will not use subcontractors to service any Enquiries without the prior consent of the relevant Client User. You are responsible for ensuring that you and your subcontractors are legally entitled to respond to Enquiries and provide professional services to Client Users. By using subcontractors to respond to Enquiries obtained via the Service, you agree to procure that each of your subcontractors will also comply with the terms of this Agreement as if it were a party to it. You also acknowledge that you will be responsible to us and to all Client Users for the acts and omissions of your subcontractors.

We will not be a party to any contract made between you and any Client User and therefore we shall not be liable for any loss or damage that results from any dealings between you and any Client User including but not limited to any direct, indirect or consequential or inconsequential loss of any kind.

You agree that you will (and will ensure that your subcontractors will) comply with the Privacy Policy.

We may notify you of Enquires from time to time, but we are not under any obligation to do so. Further, because Client Users retain the right to change or withdraw their Enquiry from our Service, we are unable to give any warranty as to the availability or suitability of a particular Enquiry. We do not review or confirm the accuracy of all details provided to us by Client Users, and we therefore cannot guarantee that all leads include correct and complete information. Further, we cannot guarantee that any leads generated using the Service will result in business for you, and no refund is offered in the event that you do not obtain business from the leads generated.


 

4. Payments

You agree to pay the fees for using the Service in accordance with the Payment Terms and as more specifically set out in the tariff of charges in the Membership Confirmation.


 

5. Use of Information

You are solely responsible for the content, accuracy, and completeness of the Barrister Information, and agree only to provide true, accurate, current and complete information. You also accept all liability arising out of or in connection with your processing and transmission of the Client Information.

By providing Barrister Information you grant to us a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, reproduce, modify, publish, edit, translate, distribute, perform, and display the material alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licensees. The foregoing grants shall include the right to exploit any proprietary rights in such materials, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You also waive any moral rights you have in the materials. Do not Post any materials on the Service that you would not want us to use in this way.

To the extent that we provide you with Client Information, you agree that you shall:

  1. treat the Client Information as confidential and not share the information with any other person;
  2. only use the Client Information for the purpose of contacting them in relation to the particular Enquiry for which you were provided with the information, and for no other purpose whatsoever;
  3. at all times and in all respects comply with data protection law.

 

6. Arrangements with Client Users

In the future, we intend to incorporate a rating system which is designed to provide Client Users with independent feedback on the quality, value and reliability of Barristers from other Client Users. Furthermore, your willingness to be rated may provide Client Users with a level of confidence regarding the Barrister's ability. A key reason that Enquiries are made available through the Service will be that Client Users will be able to read reviews by Client Users. You therefore agree that your performance in carrying out services for each Enquiry may be rated and reviewed by the applicable Client User and that the ratings and reviews will be published on the Service.

Should you (or any of your subcontractors) have a dispute with a Client User, you must address such dispute directly to the Client User concerned. However, you agree to notify the details of the dispute to us as soon as reasonably practicable.

We may decide to investigate any grievances held by you or by Client Users and may discuss any such investigation with all involved parties. We may take any lawful action we deem necessary in the event of a grievance, but likely outcomes of a grievance investigation include:

  1. you and the Client User being allowed to continue using the Service;
  2. your and/or the Client User's access to the Service being suspended for a period of time;
  3. your and/or the Client User's access to the Service being terminated and banned for a definite or indefinite period.

In the event of a suspension or termination, no further fees shall accrue to the extent that access to the Service is suspended or terminated. However, any fees already accrued shall become immediately payable.

Save as provided above, we cannot be involved in your dealings with Client Users and, in the event that you have a dispute with one or more Client Users, you hereby release (and shall procure that your subcontractors release) us from any and all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.


 

7. Qualifications and Certification

Where you advise us that you (or your subcontractors) are qualified to provide services, we may verify the relevant qualification. However the validity of the professional standing, qualifications and certification always remains your responsibility.

We advise Client Users to request sight of evidence of applicable qualifications and professional standing checks (as applicable) prior to the provision of Barristers services commencing in relation an Enquiry. You agree to comply with any reasonable requests submitted by the Client Users with regards to the verification of such professional standing, qualifications and certification.

Any checks that we carry out do not reduce your obligation to ensure that all your subcontractors and any personnel involved in an Enquiry have the required professional standing, qualifications and certification to carry out specific aspects of the Enquiry.


 

8. Indemnity

It is your responsibility to ensure that you are entitled to provide the Barrister Information and you therefore agree to indemnify us against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by us in connection with any actual or threatened claims of any kind (including without limitation any claim of trademark or copyright infringement, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from your (or your subcontractors') provision of Barrister Information or arising from your (or your subcontractors') use of the Service.

We shall indemnify you against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by you in connection with any actual or threatened claims of any kind (including without limitation any claim of trademark or copyright infringement, defamation, breach of confidentiality, false or misleading advertising or sales practices) that any material on the Service generated and uploaded by us infringes the intellectual property of any third party.


 

9. Limitation of Liability

In the event that you are dissatisfied with the Service and your dissatisfaction arises due to an act or omission by us constituting a material breach of this Agreement, you may also claim a refund of the fees paid by you in consideration for the Service in the three months prior to the occurrence of the circumstances constituting such material breach. If you register as both a Client User and as a Barrister User then the aggregate cap in this User Agreement shall apply - the caps shall not be cumulative.

Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.


 

10. Our Rights

Accounts which are opened on the website but remain unused result in wasted costs being incurred by us to support those accounts. In the event that your account remains inactive for a period exceeding 180 days, we may at our discretion give you written notice of our intention to discontinue Service provision on that account. If we do not receive confirmation from you that the account is required within 14 days of the date of our notice to you, and you have not re-commenced use of the account within a further 14 days, we may discontinue Service provision on that account and retain any sums which remain standing to it as at the date the Service is discontinued to cover our administrative and other costs.