Terms & Conditions for all Users

These Terms & Conditions set out the terms of the agreement (the "Agreement") between Legally Better Limited (Company No. 6624488) whose registered office is at Citadel House, Solvay Road, Northwich, Cheshire CW8 4DP ("LegallyBetter") and you, under which you may view, contribute to, use, link to, reproduce or otherwise refer to the data, information, content, features and services contained in this website from time to time (the "Legally Better Services"). By viewing, contributing to, using, linking to, reproducing or otherwise refering to any one or more of the Legally Better Services, you are expressly, irrevocably and unconditionally agreeing to be bound by the terms of this Agreement, as set out herein.

Ownership and Permitted Uses

The functionality, design and layout of this website, including (without limitation) the Legally Better Services, have been designed by and are the exclusive property of Legally Better. They are therefore protected by copyright, design rights, trademarks and other laws. Subject to the terms set out in this Agreement,

Legally Better hereby:

authorises you to view, contribute to, use, link to, reproduce or otherwise refer to the Legally Better Services and/or this website ("Your Authorisation");

and

grants you a world-wide, non-exclusive, revocable, royalty-free right and licence to use "Legally Better" and its "Legal Stars" star rating trademarks in order to link to, reproduce or otherwise refer to Legally Better Services and/or this website ("Your Trademark Licence").

Prohibited Uses

You agree that you shall not either directly or indirectly, without Legally Better 's express prior written consent:

Submit any rating/comment to Legally Better on behalf of your employer/ex-employer or own business/organisation or otherwise for your own direct or indirect financial or political gain

sell or re-sell any of the Legally Better Services or offer them for sale without Legally Better's express written consent

allow or cause others to access or contribute to this website or otherwise use the Legally Better Services and/or this website using your email, Symbol ID or Password

submit ratings/comments or new listings by automated means, fraudulently, containing false details or otherwise dishonestly or deceptively:

submit on this website any untrue or inaccurate information about yourself;

copy, modify, adapt, translate or reverse engineer any part of this website and the Legally Better Services

access, retrieve, index or use any portion of this website and the Legally Better Services for the purposes of constructing, populating or cross-checking any databases, directories, client lists, mailing lists other than for your personal, non-commercial purposes;

access, retrieve or use any portion of this website and the Legally Better Services by automated means other than in order to index this website's contents for use by a search engine;

take any steps to interfere with, interrupt, damage, hinder, modify or gain unauthorised access to this website and/or the Legally Better Services and/or otherwise interfere with, restrict or inhibit any other user from using or enjoying the use of this website;

or :-

use this website and/or the Legally Better Services for any purpose that intentionally or unintentionally contravenes any applicable laws in this jurisdiction or those of any other jurisdiction from which this website and/or the Legally Better Services are or may be accessible.

Your Content

You agree that you are solely responsible for any posts, comments, Legal Stars rating content, information, links to other websites ("external links") and any other material that you submit, publish, display, insert, transmit, upload, distribute or disseminate or offer to do the same ("publish") on this website ("Your Content")

Your Content will be bona fide, honest, decent, true and accurate to the best of your knowledge and belief.

You irrevocably and unconditionally warrant and represent that you are the sole unencumbered author, owner or holder of an appropriate, valid and sufficient licence of all right, title and interest (including the intellectual property rights) in Your Content or you otherwise have all the necessary and appropriate permissions and authorisations in relation to Your Content.

Your Content should not (and you irrevocably and unconditionally warrant and represent that it does not) ;

infringe, misappropriate or violate the intellectual property, confidentiality, privacy, proprietary or other rights of any party or, in any way, contravene any fiduciary duties that you may owe

constitute, promote or encourage illegal activity;

Constitute an advertisement under the Financial Services Act 1986;

be defamatory, libellous, invasive of another's privacy, untrue, tortious, misleading, offensive, racist, ethnically or religiously biased or offensive, discriminatory, malicious, infringing, obscene, indecent, pornographic, threatening, abusive or, in any way, unlawful

harm or mistreat minors in any way.

contravene any relevant law in relation to discrimation on the basis of age,sex, sexual orientation, race, or religion.

disclose "personal data" about any third party unless expressly authorised to do so by the third party concerned;

contain viruses, corrupted files or any other similar software or programs that may disrupt or damage the operation of another's computer; and

advertise or offer to sell any goods or services for any commercial purpose, other than in areas of this website intended for such uses.

Any websites accessed via any external links published by you should not (and you irrevocably and unconditionally warrant and represent that they do not):

infringe, misappropriate or violate the intellectual property, confidentiality, privacy, proprietary or other rights of any party;

constitute, promote or encourage illegal activity;

You hereby grant (and you warrant that you have the right to grant) Legally Better and all lawful users of this website a nonexclusive, irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, modify, delete, adapt, publish, translate, reproduce, sell, publicly perform, digitally perform, publicly display and distribute Your Content or any part or parts of it either online or offline and to create derivative works of Your Content or any part or parts of it either online or offline or incorporate it into other works/content either online or offline or incorporate it into other works/content either online or offline

You hereby waive (and you warrant that you have the right to waive) all moral rights that may exist in Your Content in favour of Legally Better .

Disclaimers

This website aggregates and displays ratings, Legal Stars ratings, comments, posts, content, external links, information and any other material that is published on it by its users. As such, Legally Better is independent from, accepts no responsibility for and in no way endorses or supports any ratings, Legal Stars ratings and comments and any other posts, content, external links, information and any other material that is published on this website by its users.

Legally Better is providing this website and the Legally Better Services on an "as is" basis. It makes no guarantees, representations or warranties as to the quality, accuracy, suitability, completeness, reliability, safety, legality, continuity or availability of the Legally Better Services and other information or content contained on this website or other websites accessed via external links and you shall not rely in any way on the quality, accuracy, suitability, completeness, reliability , safety, legality, continuity or availability of any such services, information or content.

Save as to any agreement with subscribers, Legally Better has no responsibility or obligation to include Your Content in the Legally Better Services or otherwise use it or display it on this website and you shall have no rights or expectations in relation to the same

You agree that you shall view, contribute to, use, link to, reproduce or otherwise refer to the Legally Better Services, this website and/or any websites accessed via external links entirely at your own risk and you shall (among other things) be solely responsible for any damage or loss to you or your property that may result

Your Authorisation and Your Trademark Licence shall be void/automatically revoked from the outset where any law in any applicable jurisdiction prohibits you viewing, contributing to, using, linking to, reproducing or otherwise refering to the Legally Better Services and/or this website.

LIMITATION OF Legally Better Limited'S LIABILITY: TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAWS, LEGALLY BETTER HEREBY EXCLUDES LIABILITY FOR ANY CLAIM, LOSS, DEMAND OR DAMAGE OF ANY KIND WHATSOEVER IN CONNECTION WITH OR RELATED TO THIS WEBSITE, THE LEGALLY BETTER SERVICES AND/OR WEBSITES ACCESSED VIA EXTERNAL LINKS (WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, UNDER STATUTE OR OTHERWISE) INCLUDING (WITHOUT LIMITATION) ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, WHETHER ARISING FROM LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE, OR OTHERWISE AND WHETHER OR NOT THE POSSIBILITY OF SUCH LOSS HAS BEEN NOTIFIED OR IS APPARENT TO LEGALLY BETTER

Legally Better's Rights

You agree that Legally Better may, whenever and for whatever period it chooses to, without any prior notice or warning, in its absolute discretion, for any reason whatsoever and without incurring any liability whatever or however arising to you or any other third party

delete or take any other action in relation to any posts, content, ratings, information and any other material on this website, including (without limitation) Your Content, in particular (but without limitation) if any person, business, other organisation or regulatory or government body requests that we do;

revoke part or all of Your Authorisation and Your Trademark Licence and otherwise bar or limit access by you (or any other user) to some or all of the Legally Better Limited Services or this website;

to add to, reduce or modify any of the Legally Better Services or other aspect of this website or cease operating this website or any or all of the Legally Better Services;

change any or all of the terms set out in this Agreement or add new terms to such Agreement, which changes/new terms, on being posted on this website, you agree shall come into immediate force and effect and modify/add to any previous versions of this Agreement between Legally Better and you

For the avoidance of doubt, if you do anything in contravention of this Agreement, Legally Better has the right immediately to remove any part or all of Your Content from this website

Indemnity

You agree to indemnify and hold Legally Better, its parents, subsidiaries, affiliates, officers and employees harmless against any liabilities, losses, expenses, legal costs, professional and other expenses of any nature whatsoever due to or arising out of;

viewing, contributing to, using, linking to, reproducing or otherwise refering to this website and the Legally Better Services;

any breach by you of the terms of this agreement;

any part or all of Your Content being published on this website

the infringement by you, or any third party using your account (whether authorised or not), of any intellectual property or other rights of any person or entity.

Privacy and use of your information

You agree that Legally Better may collect, store and use information about you in accordance with our Privacy Policy, the current version of which is available on this website. You acknowledge and agree to be bound by the terms of our Privacy Policy

General

Entire Agreement.

This Agreement and our Privacy Policy contains the entire agreement and understanding between you and Legally Better and supersedes any prior oral or written agreements, understandings or arrangements relating to the subject matter of this Agreement and our Privacy Policy. Neither party shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in this Agreement save for any representation made fraudulently.

Notices

Any notices to be sent to Legally Better under the terms of this Agreement or otherwise (including, without limitation, any requests for any posts, content, information, external links or any other materials on this website to be amended, partially or wholly restricted or removed ("Moderation Notices") should be sent either:

By Post to : The Administration Department
Legally Better Limited
Citadel House
Solvay Road
Northwich
Cheshire CW8 4DP

By Email to lbl@legallybetter.com

Disputes concerning ratings and comments on Legally Better Limitedare governed by Legally Better Limited's Dispute Policy.

Legally Better shall be entitled not to take any action in respect of any notices until all necessary information has been provided to it (in its absolute discretion)

Severability

If any provision of this Agreement is held to be invalid or void or declared illegal, invalid or unenforceable for any reason whatsoever and that provision shall be divisible from this Agreement without materially altering the substance of this Agreement, it shall be deemed to be deleted from this Agreement and the validity of the remaining provisions shall not be affected or impaired in any way.

Waiver

No failure or delay on the part of Legally Better in exercising any right, power or privilege under this Agreement shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.

Third Party Rights

The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than the parties to this Agreement shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties

Jurisdiction & Governing Law

This Agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement or its formation, shall be governed by and construed in accordance with the laws of England and Wales.
The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England for the purpose of hearing and determining any suit, action or proceedings and/or settling any disputes arising out of or in connection with this Agreement and for the purpose of enforcement of any judgment against their respective assets

Additional Terms & Conditions for Subscribers

These Additional Terms & Conditions set out the terms of the agreement between Legally Better and you under which you may view, contribute to, use, link to, reproduce or otherwise refer to the Legally Better Services which are subscriber services for which you choose to subscribe from time to time (the "Subscriber Services")

The Additional Terms & Conditions are in addition to the Terms & Conditions for All Users by which you are also bound as a User of this website. Where there is a conflict between these Additional Terms & Conditions and the Terms & Conditions for All Users, these Additional Terms & Conditions shall prevail.

The Terms & Conditions for All Users and the Additional Terms & Conditions together are defined as the "Subscribers Agreement". Any defined terms that are defined in the Terms & Conditions for All Users shall have the same meanings herein.

By subscribing for any of the Subscriber Services, you expressly, irrevocably and unconditionally agree to be bound by the terms of this subscribership Agreement, as set out herein.

Subscription and Payment Terms

If you wish to subscribe for any Subscriber Service(s), you should place an order (your "Order") for such Subscriber Service(s) using either the relevant form on this website, an emailed form, or the paper order form. If your Order is accepted (such acceptance being at the absolute discretion of Legally Better), you will be given access to the relevant Subscriber Services via a password-protected Subscriber Account Page. You may upgrade or subscribe for additional Subscriber Services by placing further Orders using either the relevant form on this website or the paper order form.

In respect of each Order, you hereby agree to pay to Legally Better the amount agreed and entered onto the form displayed on this website, emailed form, or paper order form at the time of such Order as the fee for that Order (plus VAT and/or any other applicable tax) (the "Subscribership Fee" or, together with subscribership Fees for other Orders, the "Subscribership Fees") within the timeframe specified on this website or paper form at the time of such Order.

Unless otherwise provided by law and save as provided for in this agreement, any subscribership Fee(s) that you have paid to Legally better is/are non-refundable.

Legally Better reserves the right at any time to increase any subscribership Fees that it charges, PROVIDED THAT any such increase shall not operate in respect of any subscribership Fees that you have already paid to Legally Better.

You shall pay all amounts due to Legally Better in full without any deduction or withholding and shall not assert any credit or set-off or counterclaim against Legally Better in order to justify the withholding of the whole or any part of any such amount.

If any subscribership Fees become overdue for payment, Legally Better may claim interest on them (both before and after judgement) at a daily rate of 3% above the base rate of the Bank of England until all outstanding subscribership Fees have been received in cleared funds

Terms of this Subscribership Agreement.

This Subscribership Agreement shall commence on the date on which you place your first Order and is valid for one year after which the agreement will expire. It relates only to the subscriber address(es) provided in the order form. In the case of more than one subscriber address subscribing (eg in the case of branch offices) this agreement applies seperately to each each address as if a separate agreement had been entered into.

Either party may terminate this Subscribership Agreement and/or cancel or downgrade any Subscriber Services that you have subscribed for:

in your case: immediately on notice being received by Legally Better via the relevant form(s) in your Subscriber Account Area or other method agreed in writing;

and

in Legally Better Limited's case: immediately on notice being sent to you in writing by email or post and return of you Subscribership Fee or remaining part therof to be calculated on a pro rata basis (whichsoever is the lesser amount)

In the event of termination or expiry of this subscribership Agreement, unless Legally Better chooses to do so in its absolute discretion, none of Your Content will be returned to you or removed from this website and/or the Legally Better Services.

Termination or expiry of this subscribership Agreement shall:

be without prejudice to any other rights or remedies to which Legally Better may be entitled under this subscribership Agreement or at law

not affect any accrued rights or liabilities that Legally Better may have; and

not affect the coming into or continuance in force of any provision of this subscribership Agreement which is expressly or by implication intended to come into or continue in force after such termination.

For the avoidance of doubt, if, following termination or expiry, you continue to use this website and/or the Legally Better services but not any Subscriber Services, you shall remain bound by the Terms & Conditions for All Users.

Further Permitted and Prohited Uses

You hereby irrevocably and unconditionally agree that:

you are solely responsible for any written comments posted on the Legally Better web site for which you subscribe ("Your Listings"). These listings provided by users will be emailed to you for you to post at your absolute discretion and you will administer such listings accurately, professionally, promptly, honestly and in good faith;

The user star rating - Legal Stars - (insofar as it is provided) will be posted automatically on the Legally Better web site. The user star rating will be the average of five ratings provided by a user based on five service criteria. The average of the previous ten user star ratings for each subscriber, will be calculated to the nearst half star to provide the Legal Stars ratings. The Legal Stars rating will be recalculated, amended and posted on the Legally Better web site, automatically and without your discretion.

you will not authorise or otherwise directly or indirectly permit or allow any third party to access and/or use any Subscriber Services through your account without Legally Better's prior written consent;

you will not subscribe for any listings that are not in your name or that of your employer, your business or organisation or any associated companies, people of entities; at the time that you place any Order, you will be properly authorised to place such Order and

your listing must iclude and relate to, the address of you bona fide place of business or branch office; and

you will be properly authorised to subscribe for and administer for any listings included in that Order; and

you will not create or transmit unwanted electronic communications such as "spam" to other users of this website and/or the Legally Better Services (including, without limitation, to the email addresses of users who have requested that Legally Better pass their email addresses to you) or otherwise interfere with, restrict or inhibit any other user's enjoyment of this website and/or Legally Better Service.

For the avoidance of doubt, Your Listings are included in the definition of "Your Content" for the purposes of this subscribership Agreement.

Assignment

You shall not assign, transfer, sub-contract or in any other manner make over to any third party your rights or obligations under this subscribership Agreement without Legally Better's prior written consent. Legally Better may, without restriction, assign, transfer, sub-contract or in any other manner make over to any third party its rights and obligations under this subscribership agreement

 

Prize Draw Terms and Conditions

1. No purchase necessary. The prize is open to anyone providing geniune first hand comments and completing the "Legal Stars" rating in relation to their dealings with a solicitors practice which is currently regulated by the Solicitors Regulatory Authority (SRA). In order for the entry to be eligible the comments and star ratings must be entered on the site and must comply with the site's Terms and Conditions. Persons may mail or email their reviews and entry to the competition to Legally Better Limited (Legally Better Limited), Citadel House, Solvay Road, Northwich. CW8 4DP. All entries must include name, and email address to be eligible. Proof of posting is not proof of delivery.

2. There is one prize per quarter of £100.

3. Prize draw will take place every quarter in the last working week of the quarter. There will be 1 winner each quarter and prize draw entrants stay in the draw for six months from the date their review is added to the site. The winner will be notified by email and must claim the prize by responding to the email providing full contact details including name, address, and telephone number within 10 days of receiving the email. The winner's response must be received by email to lbl@legallybetter.com.

4. First prize draw will take place week commencing 26th January 2009.

5. The potential winner will be selected in a random drawing from among all eligible entries. Chance of winning depends on the number of eligible entries received. Only the winner will be contacted personally. The winner will be notified by email by a representative of Legally Better Limited 1 week after the prize draw. The prize will be forfeited if a selected winner (a) is not eligible in accordance with these rules; or (b) does not claim the prize in the manner described above prior to the Deadline; or (c) does not supply a display name in the review or does not allow this display name to be posted on the site. If any prize is forfeited for the reasons set forth above no substitute winner will be selected.

6. The draw is open to UK residents aged 18 or over, other than employees of Legally Better Limited or any firm of solicitors currently regulated by the Solicitors Regulation Authority. One entry per person and per household per quarter. Entries received from third parties or agents will not be entered into the prize draw.

7. The prize is subject to availability. Legally Better Limited reserves the right to substitute a prize of equivalent value where necessary for reasons beyond its control.

8. Details of the winner may be obtained by written request by sending an SAE to the above address to be received by the end of the quarter in which the draw was made. By entering the competition you are agreeing to your details being made availiable in this way.

9. Legally Better Limited's decision is final and no correspondence will be entered into. Entries that do not comply with all the Legally Better Terms and Conditions will be disqualified.

10. Contestants entering the prize draw agree to be bound by the above terms and conditions and the terms and conditions of use of Legally Better Limited's web site and privacy statement, unconditionally. Please retain a copy of these terms and conditions for future reference

11. By entering the competition, the winner consents to allow his/her name and county to be used for publicity purposes by Legally Better Limited in printed and/or online formats.

12. LBL reserves the right to modify the Prize draws or disqualify entrants if fraud, misconduct or technical failure destroy the integrity of the Prize draws, as determined by Legally Better Limited in its sole discretion.

No responsibility is assumed for: any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure; theft or destruction or unauthorized access to, or alteration of, entries; any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software; failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or any website; or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from participation in or downloading any materials from the Prize draws.

13. Legally Better Limited reserves the right to alter, amend or foreclose this Free Prize Draw without prior notice if circumstances make this unavoidable. The promoter is Legally Better Limited Registered Office Citadel House, Solvay Road, Northwich, Cheshire. CW8 4DP. Company no 6624488

 

 

 

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