Terms of use

1. These terms tell you the rules for using our website www.lawmarket.co.uk (our site).

General

2. Lawmarket.co.uk is a site operated by Lawmarket Limited (”We”). We are a limited company registered in England and Wales under company number [COMPANY NUMBER] and have our registered office at 113 Hemingford Road, London, N1 1BY.

3. By using our site you confirm that you accept these terms of use and that you agree to comply with them. For the avoidance of doubt, the term “use of our site” includes any use of our site and includes, but is not limited to, creating a user profile for the purpose of producing written content and accessing our site for the purposes of reading written content. The term ‘Professional Users” is used in these terms to describe persons who create user profiles for the purpose of producing written content and the term ‘non-Professional User’ is used in these terms to describe persons accessing our site for the purposes of reading written content. These terms are intending to apply to both Professional Users and Non-Professional Users, mutatis mutandis.

4. If you do not agree to these terms, you must not use our site.

5. These terms of use refer to the following additional terms, which may also apply to your use of our site:

5.1. Our Privacy Policy; and

5.2. Our Cookie Policy.

Both our Privacy Policy and our Cookie Policy are available to view on our site.

6. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

7. We may update and change our site from time to time to reflect our users’ needs and/or our business priorities and/or for any other reason. We do not guarantee that our site or any content on it will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.

8. You are 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.

Professional Users

9. We reserve the right to remove profiles created by Professional Users (“Author Profiles”) for the purposes of producing written content for any reason and without notice if we deem it appropriate. When Author Profiles are so removed we will endeavour to provide reasons on request but are not obliged to do so.

10. Our site allows Professional Users the opportunity to create Author Profiles and request to publish written content (“Content”) via our site. In respect of such Content:

10.1. We reserve the right not to publish on our site Content submitted for publication for any reason and without giving reasons;

10.2. We reserve the right to make editorial changes to Content submitted for publication and without giving reasons. By submitting the Content for publication you agree, if relevant, to such changes being made at our unilateral discretion and for the Content to be published on our site, as amended; and

10.3. By creating an Author Profile and requesting to publishing Content via our site you agree to grant us an indefinite non-exclusive licence to that Content (i.e. you are the owner of that Content and are free to deal with it as you wish and you grant us an indefinite licence to use it for any purpose we wish). Such Content will be considered non-confidential and non-proprietary. For the avoidance of doubt, this licence refers to Content as may have been amended pursuant to the process described in sub-paragraph 10.2 above.

11. You agree that we are not liable to any third party in respect of any Content you submit for publication via our site and that you are solely responsible for such Content. For the avoidance of doubt, the reference to Content includes Content as may have been amended pursuant to the process described in sub-paragraph 10.2 above.

12. The Content published on our site is not legal advice. The Content on our site is intended for general information and marketing purposes only. However, the Content you produce must not give a misleading impression of your professional competencies. You are responsible for ensuring that this is so. By creating an Author Profile and requesting to publish Content via our site, you are representing to us that you are a lawyer with a current practising certificate admitted in England and Wales.

13. Whenever you request to publish Content you in addition agree to comply with the following standards: [INSERT]

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. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

14. 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.

15. You are solely responsible for securing and backing up your Content.

Non-Professional Users

16. The Content published on our site is produced by Professional Users. These users may be third parties to us. Where the Professional Users are third parties to us, we are not responsible or liable in any respect of any such Content.

17. While we take steps to ensure that the owners of Author Profiles

18. The Content published on our site is not legal advice. You should not act in reliance on any Content published on our site without first consulting with your appointed legal advisor. The Content on our site is intended for general information and marketing purposes only.

19. We take steps to ensure that all Professional Users are lawyers with a current practising certificate admitted in England and Wales. However, we do not guarantee that that is the case. The fact that a Professional User has an Author Profile and has published Content via our site is not and should not be considered to be a representation by us that the Professional User is a lawyer with a current practising certificate admitted in England and Wales.

20. Our site is directed to people residing in England and Wales. We do not represent that Content available on or through our site is appropriate for use or available in other locations.

Further matters

21. 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.

22. We are the owner or the licensee of all intellectual property rights in our site, and in the Content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

23. 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.

24. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

25. 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.

26. 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.

27. 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.

28. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

29. If you wish to complain about information and materials uploaded by other users please contact us on info@lawmarket.com

30. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

31. If you are a business user (which term includes, for the avoidance of doubt, all Professional Users and all non-Professional Users that may use our site for commercial or business purposes). We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. We will not be liable to you 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:

31.1. Use of, or inability to use, our site; or

31.2. Use of or reliance on any content displayed on our site.

31.3. In particular, we will not be liable for:

31.3.1. loss of profits, sales, business, or revenue;

31.3.2. business interruption;

31.3.3. loss of anticipated savings;

31.3.4. loss of business opportunity, goodwill or reputation; or

31.3.5. any indirect or consequential loss or damage.

32. 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. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

33. We will only use your personal information as set out in our Privacy Policy.

34. 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 to access our site. You should use your own virus protection software.

35. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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.

36. 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.

37. If you wish to link to or make any use of content on our site other than that set out above, please contact info@lawmarket.com

38. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

39. If you are a business, these terms of use, their subject matter and their 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.