DIRECTORY TERMS AND CONDITIONS

These terms and conditions, in conjunction with our website Terms of Use apply to information listed in our Directory.

In these terms and conditions the following words shall have the following meanings:

“Directory”  our online directory containing listings and information relating to legal professionals and legal organisations within the United Kingdom;
 “listing”    a listing in our Directory;
 “Technical Information”  any technical requirements we request that you adhere to in respect of your listing and its format, including but not limited to the standard and quality of reproduction of any text or pictures, the setting, style, delivery format, file configuration and size and wording;
“user” an individual who browses our site.

LISTING CRITERIA

Our Directory is a directory intended to list legal professionals and organisations delivering legal services (“Purpose”).

We generally restrict those persons or businesses who wish to list in our Directory to those who fit in with our Purpose. However, we may in our discretion allow any business that we feel will benefit our Purpose to appear in our Directory.  

Where in our absolute discretion we feel that your listing would not fit with our Purpose, we shall be entitled to refuse to upload or enter into any contract with you for such listing.

YOUR INFORMATION AND CONTENT STANDARDS

Where you provide us with information about you as part of our online listing, you shall ensure that you give true, complete and accurate information about yourself and/or your business.

Where your business is a regulated business, you may be required to submit evidence of your qualifications and/or accreditation.

You warrant, represent and undertake that from time to time:

  1. any information provided by you to us about you or your business is true, complete and accurate in all respects;
  2. any information contained in your listing is true, complete and accurate and not misleading in any respect;
  3. you have all necessary qualifications and/or accreditations which are required to provide the services you list or intend to list in our Directory;
  4. any documents, evidence of qualifications, accreditation or otherwise are true and complete copies and any reference to the same in the listing shall be true and complete.

Where you provide us with content or upload content directly to our website through your user account, you must comply with the content standards set out in our website Terms of Use. You warrant that any such contribution complies with those standards, and you indemnify us for any breach of that warranty. 

Any material 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 material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material 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 materials posted by you or any other user of our site, or the use of content contained in your listing by other users of our website.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our website Terms of Use.

YOUR ACCOUNT

If you claim a listing on, or enter a listing into, our Directory you will be required to create a user account. You may change your listing or order additional services through this account. It is therefore imperative that you keep the password and user name of such account secure and you are responsible for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner.

OBLIGATIONS

Your listing must comply with any Technical Information we specify.

You warrant represent and undertake that:

  1. the publication of the listing on our site will not breach any contract with a third party or infringe any copyright, trade mark or other  proprietary right of any third party or otherwise be unlawful or render us liable to any proceedings, claims, demands, costs or expenses or any other loss whatsoever;
  2. in the case of any listing submitted for publication which contains the name or pictorial representation, whether photographic or otherwise, of any person or any part of a person or any material by which any person may be identified, you have obtained the authority of that person to make use of his or her name, identity,  image, representation and/or copy;
  3. in relation to any financial promotion (as defined under the Financial Services and Markets Act 2000 (“Act”)), the necessary approval has been given by an authorised person within the meaning of the Act or the listing is otherwise permitted under the Act, under the Financial Promotion Order 2001 or under any other legislation subordinate to the Act and publication on our site of the listing will not result in us being in breach of any of the aforementioned statutes.
  4. the listing complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Economic Community) and applicable laws for the time being in force or applicable to the United Kingdom;
  5. all advertising copy complies with any present or future applicable code of practice, adjudication, decision, guideline, direction or rule of any advertising regulator, which shall include but not be limited to the Office of Communications (“Ofcom”), the Broadcast Committee of Advertising Practice (“BCAP”), the Committee of Advertising Practice (“CAP”), the Advertising Standards Authority (“ASA”) and any other UK or EU regulator or statutory or relevant regulatory body.

UPLOAD, ALTERNATION AND LISTING CONTENT

We shall endeavour to upload your listing onto our site within 48 hours of receiving information from you. Bank holidays and weekends will not be taken into account when calculating the 48 hours. However, your listing may be uploaded immediately and, as we do not proof your listing, we encourage you to ensure the accuracy of your listing before proceeding.   

We shall be entitled at any time to require you to amend any artwork, materials and copy for and relating to any listing, or refuse (without notice) to upload or publish any listing.

It is our policy to destroy all artwork, film, copy or other materials which have been in our possession for more than six (6) months from the date of their last use by us.

If your listing contains a link to another website we may request evidence that such linking has been approved or is permitted by the linked website owner. We reserve the right to delay uploading your listing if you fail to provide this to us. We further reserve the right to remove any links, or any other content, including your direct contact details in your listing.

If we receive a complaint about the content of a listing we may in our discretion, remove the listing from our site and we shall not be expected to verifying the accuracy or motivation for such complaint prior to removing the listing.

USER DETAILS

Where a user telephones us or submits a contact form using our website, they will have given us permission to forward their personal details to you for the purposes of your contacting them to discuss the services offered by you. You shall not use any user details provided by us to you for any other purpose unless you obtain the consent of the user in question and you shall at all times comply with the Data Protection Act 1998.

INDEMNITY

You shall indemnify us and keep us indemnified against all proceedings, claims, demands, damages, costs, expenses or any other loss whatsoever arising directly or indirectly as a result of:

  1. the publication of the listing on our site;
  2. a breach by you of these terms and conditions (including the website Terms of Use or other policies referred to within these terms and conditions);
  3. any of the warranties given by you in these terms and conditions being breached, inaccurate, misleading, untrue or incomplete.

We shall not be liable for:

  1. verifying the correctness or truth of the listing;
  2. the actual positioning or prominence of the listing on our site;
  3. any loss whatsoever caused by delay or failure by us to upload your listing;
  4. the payment of any damages or other compensation for breach of contract because of our failure to perform any of our obligations under these terms and conditions where such failure is beyond our reasonable control (which shall include but not be limited to acts or threats of terrorism, strikes,  lock-outs or other industrial actions or trade disputes, pandemic, epidemic or other widespread illness whether involving our employees or those of any third party);
  5. any failure of the listing to meet or generate any target response levels or page impressions;
  6. any use of the details provided within the listing by users of our website.

If a listing contains an error caused by us and this detracts materially (in our opinion) from the listing, then provided you give written notice to us of the error within 5 days of its publication we will in our sole discretion either:

  1. give you a credit for any cost of the listing containing the error for the period during which the erroneous listing was published but in any event no longer than 5 days; or
  2. extend the display period by the number of days that the listing was displayed incorrectly but in any event no longer than 5 days.   

Our total liability under these terms and conditions shall not exceed the fees paid by you in respect of the listing, or or where permitted the fees paid by you to us in respect of users referred to you by us.

INTELLECTUAL PROPERTY LICENCE

In claiming or submitting your listing to us, you grant to us a non-exclusive, worldwide licence (including the right to sub-license) to:

  1. upload, modify, electronically reproduce and distribute, and publicly perform and display the listing in our Directory;
  2. reproduce and distribute through any media now known, or hereafter developed, excerpts of the content in the listing for, and in marketing and promotional materials related to our site.

INTELLECTUAL PROPERTY RIGHTS IN OUR SITE AND YOUR LISTING

We retain all intellectual property rights in our site and in any trade mark owned by us and nothing in these terms and conditions shall be taken to grant any rights to you in respect of such intellectual property rights.

Title to and ownership of all intellectual property rights embodied by or otherwise incorporated into the listing shall remain with you and except as specified in your licence to us (given in the section above) nothing shall be construed to grant to us any right, title or interest in or to such intellectual property rights.

Any and all visitor data (such as name, address and e-mail address) that is collected through any user registration process or otherwise shall be owned by us and shall only be disclosed to you in so far as we are permitted to make such disclosure.

PAYMENT TERMS

All payments due must be made by bank transfer, standing order, credit or debit card and any services you choose will contain details of the costs and payment frequency. The description of any services you choose are incorporated as terms into these terms and conditions.   

If you fail to pay any amount when due, we reserve the right to remove your listing from our Directory.

We shall be entitled to charge interest on any outstanding balance owed to us at the rate of 7% above the base rate of HSBC Plc from the date that the payment became due until the date it is paid in full.

CANCELLATION & TERMINATION

You may cancel your listing at any time by giving us written notice and we shall use reasonable endeavours to remove your listing within 5 business days. Where you have subscribed for any services for a fixed term, no refund shall be due, irrespective of when you cancel during that term.

We shall be entitled (without prejudice to any other remedy available to us) to immediately cancel any contract with you if you:

  1. being an individual, die or make voluntary arrangement with your creditors or your estate becomes subject to an administration order or you become bankrupt;
  2. being a company, become insolvent, have a receiver appointed to manage your assets or you enter into liquidation or commence to be wound up (other than for the purpose of amalgamation or reconstruction);
  3. allow an encumbrancer to take possession of any of your property or assets;  
  4. you are unable to pay your debts as they fall due or you cease or threaten to cease to carry on business.

We take our brand image extremely seriously and we reserve the right to terminate any contract with you and remove any listing from our site and/or Directory, as appropriate, if your style, approach, reputation, public image and target audience in our opinion results in a materially different association to that intended by us or is to our actual or perceived detriment.


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