Terms and
Conditions
BY COMPLETING A REGISTRATION FORM OR BY SUBMITTING A QUESTION TO BE
ANSWERED THROUGH THE DIAMONDS SOLICITORS SERVICE YOU ARE ACCEPTING THAT YOU
WILL PAY £99 PLUS VAT FOR AN OPINION ON A SPECIFIC POINT OF LAW AS SET OUT
BELOW AND WILL BE BOUND BY THESE TERMS AND CONDITIONS TO THE EXCLUSION OF ANY
OTHER TERMS AND CONDITIONS:
1. INTERPRETATION
In these Terms and Conditions, the
following words and phases shall bear the following meanings:
"Diamonds" means Diamonds Solicitors of Lincoln House, 184
Queens Road, Buckhurst Hill, Essex IG9 5BD
"User" means the person or body to whose application
Diamonds provides the Service under these Terms and Conditions
"Service" means the Diamonds service from time to time and
includes, where the context so requires or admits, any database, service or
facility comprised in the Service from time to time
"User
Software" means any software used by or
available to the User for accessing the Service
"Data" means any data, information, advice or opinion given
by Diamonds, or other material in any medium which is communicated or
transmitted to a User by the Service
"Order
Confirmation" means the
confirmation of an order placed by the User for the Service in the form used by
Diamonds from time to time
"Invoice
Date" means the date on which an invoice
is issued by Diamonds to the User and is determined by the date shown at the
top of the invoice and not by the date of posting or receipt by the User
"Host
Service" means the central computer,
computers or computer network on which the Service and/or Data is stored and/or
from which the Data is accessed by the User
"Fee" means the fee stated on the Diamonds internet website
from time to time and confirmed on the Order Confirmation as the fee payable by
each User for accessing the Service on each occasion
"Terminal
Equipment" means equipment which enables the
User to access the Service
2. PROVISION OF
AND ACCESS TO THE SERVICE
2.1 Subject to the terms hereof
Diamonds may agree to provide the User with the Service.
2.2 The Service is a facility by
means of which matters involving research into specific points of law or legal
practice may be referred by a User through Diamonds to a practising solicitor
provided always that :-
(a) Diamonds will make a charge of
the Fee for the use of this facility by the User, which fee will be deducted
from the User’s card at the time of acceptance by Diamonds. The User will
provide his or her card details, address and national insurance number for this
purpose;
(b) the facility may be withdrawn at
any time and the rights of the User to access the facility shall always be
entirely at the discretion of Diamonds;
(c) Data shall be provided on an
unattributed basis and Diamonds can accept no liability whatever for the accuracy
or appropriateness of the responses and accordingly Users using the Service or
facility do so at their own risk;
(d) the Service is limited to the
provision of unattributed replies consistent with the fee, from solicitors to
questions submitted by Users and each question shall not contain more than 300;
words and be limited to one area of law and practice and each answer will
comprise not more than 300 words only relating to one area of law or practice;
(e) it is intended that whenever
possible Diamonds shall deliver replies by e-mail to questions raised by Users
(f) Diamonds reserves the right to
decline any instruction
2.3 Diamonds may allocate to the
User such passwords and other identifiers as it thinks fit and may alter these
from time to time upon reasonable notice being given to the User. Any password
is issued for the use of a User only and is not transferable, and shall be kept
strictly confidential. The User agrees to indemnify Diamonds against any
consequences arising from the use or misuse of a password or unauthorised
access or use of the Service by any third party.
2.4 Except with the prior written
consent of Diamonds the User shall not permit any third party to use the
Service on the User's behalf.
2.5 Terminal Equipment shall be of a
type which may be lawfully connected in the United Kingdom to the public
switched telephone exchange system. The User shall be responsible for the
operation and condition of any Terminal Equipment, User Software and for all
Internet connections.
2.6 Diamonds accepts no liability
whatsoever for the inability of the User to access the Service due to failure
or incompatibility of any kind between the Terminal Equipment and/or the User
Software and the Service, or poor or disrupted telephone and/or Internet
connections or electricity supply, or disruption to other communication
facilities (including any internal or external network services), or for any
interruption or break in the Service or access to the Service due to any
technical failure of the Terminal Equipment, the User Software or the Host
Service.
2.7 Diamonds reserves the right
without notice to (a) alter the arrangements for access to the Service or (b)
change the content, presentation and/or facilities of the Service. Diamonds
will endeavour to give the User reasonable notice of any alterations or changes
which are likely to adversely affect the User or constitute a reduction in the
service.
3. COPYRIGHT AND
PERMITTED USE
3.1 The copyright in the Data is and
remains the property of Diamonds.
3.2 The User may only use copies of
the Data for the purposes of intended research by it and its employees and will
not redistribute or re-sell the Service or the Data without the prior written
consent of Diamonds. The User will use all reasonable endeavours to credit
Diamonds as the source of the Data on any dissemination or use of the Data.
3.3 The User acknowledges that the
way in which it interprets or uses the Data is dependent upon the exercise of
its own skill and judgment.
3.4 Any further advice or opinion
from a solicitor who has answered a question put using the Service, must be
done through Diamonds in the usual way and subject to Diamonds standard terms
and conditions. This means that the
service is for one off questions only
4. CHARGES
4.1 The User shall pay the Fee and
other charges for the provision of Service as stated on the Order Confirmation
and shall notify Diamonds in writing immediately of any change of address of
the User.
4.2 All charges shall be calculated
by reference to the details of usage recorded by Diamonds and not by any
apparatus or means used by the User and any invoice issued in relation to those
charges by Diamonds shall be binding and conclusive save in cases of manifest
error.
4.3 Diamonds reserves the right to
increase fees and charges on prior written notice to the User at any time.
4.4 The User will be responsible for
all Internet connection charges and utility charges.
4.5 All invoices for the Service are
payable by the User prior to use of the service. If the User fails to pay any
charges when due then Diamonds shall be entitled at its discretion to levy
interest on all outstanding amounts due at a rate of four per cent above HSBC
Bank Plc base rate calculated on a daily basis.
4.6 All charges are exclusive of
Value Added Tax, which will be added to the User's bill.
5. EXCLUSION OF
LIABILITY
5.1 Neither Diamonds nor its agents
(which for this purpose shall include any solicitor who has provided an answer
to a question put using the Service) make any representation or give any
warranty, either express or implied, as to the accuracy or fitness for any
purpose of any Data received by means of the Service.
5.2 Neither Diamonds nor its agents
(which for this purpose shall include any solicitor who has provided an answer
to a question put using the Service) shall have any liability whatsoever to the
User for any loss (including indirect or consequential loss) damage cost or
expense suffered or incurred (whether arising in tort, contract or otherwise,
and whether arising from the negligence of Diamonds or its employees or agents
(which for this purpose shall include any solicitor who has provided an answer
to a question put using the Service) and whether asserted against Diamonds or
against the User) arising directly or indirectly out of the use or supply of
the Service or the Data and all warranties express or implied which are
inconsistent with this paragraph 5 are hereby expressly excluded.
5.3 The User shall indemnify
Diamonds and the solicitor who has provided an answer to a question put using
the Service against all costs claims demands or expenses incurred by or made
against Diamonds or such solicitor as a result of any breach by the User of
these Terms and Conditions and/or as a result of any claims made by any third
party against Diamonds or such solicitor arising out of any reliance on or use
of any Data supplied/received by means of the Service.
6. THIRD PARTY
DATA
6.1 Certain Data comprising the
Service from time to time may be provided by Diamonds acting as agents for
third party database owners ("Third Party Data"); Diamonds will
provide Users with details on request. The User acknowledges that all
copyright, trade marks and other intellectual property rights subsisting in
Third Party Data remains the property of such Third Party Data owners or their
licensors.
6.2 The User further acknowledges
that Diamonds has no means of monitoring or verifying Third Party Data and can
accept no liability for its accuracy or completeness or for its continued
availability. Any queries or complaints about Third Party Data must be taken up
by the User direct with Third Party Data suppliers.
7. FORCE MAJEURE
Diamonds shall be under no liability
for any failure, delay or omission on its part if the same arises from any
cause beyond Diamonds reasonable control including (but not limited to) Acts of
God, acts or regulations of government or other authorities, war, fire, strikes
or other industrial disputes, power failure, failure of telecommunication lines
connections or equipment or failure or defects in any hardware or software owned
or supplied by third parties.
8. SERVICE OF
NOTICE
Any notice to be given to either
party by the other shall be in writing and delivered by hand or pre-paid post
to the parties at one of the following addresses: To Diamonds: its place of
business from time to time. To the User: at the address at which the Service is
provided or the address of the User shown on the User's last invoice or any
address subsequently notified in writing by the User to Diamonds.
9. APPLICABLE LAW
These Terms and Conditions shall be
construed in accordance with the Laws of England and shall be subject to the
non-exclusive jurisdiction of the English courts.
10. CONTRACT
The Contract (Rights Of Third
Parties) Act 1999 shall apply to this Agreement. In particular, the User expressly
agrees for the purposes of section 1(1)(a) and 1(6) of the Act that the
warranty contained in paragraph 3.6 and the exclusion of liability contained in
paragraph 5 hereof shall operate for the benefit of the solicitor who has
provided an answer to a question put using the Service so as to enable that
solicitor to rely upon such warranty and/or such exclusion of liability
notwithstanding that the barrister is not a party to the agreement between the
User and Diamonds.
11. VARIATIONS
Diamonds may vary or amend these
Terms & Conditions by giving the User written notice thereof at any time
and save in this respect no variation of these Terms and Conditions shall be
effective.
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