Terms and Conditions

Use of Lawgistics Website

1. Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full.   If you disagree with these terms of use or any part of these terms of use, you must not use our website.  Additional terms and conditions apply to Clients who subscribe to our services. See Clause 5 below.

You must be at least 18 years of age to use our website.  By using our website you warrant and represent that you are at least 18 years of age.

Our website uses cookies.  By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

2. Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. 

Save as expressly provided in Section 3 below, you must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website.

3. Downloadable materials

We may from time to time make available on the website downloadable content (such as newsletters, brochures, white papers and articles).

In addition to the rights granted under Section 2 above, you may redistribute printed and electronic copies of such materials within your business, organisation, company or group of companies, providing that copies of downloadable content must not be edited or amended in any way and must (amongst other things) retain:
(a) the name of our company;
(b) any legal notices and disclaimers (including copyright notices); and
(c) any authorial credits.

4. Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

5. Restricted access

Access to certain areas of our website is restricted.  We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
 
You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
 
You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

You must not use any other person's user ID and password to access our website, unless you have that person's express permission to do so, and are a member of the Client or Customer's personnel to whom Lawgistics has provided a Username and Password.

We may disable your user ID and password in our sole discretion without notice or explanation.

A member of a Client's personnel to whom Lawgistics has provided a Username and Password may for the subscription period view, print and/or copy individual legal advice and PDF documents for use in the regular course of the client's business, and no one else.

6. User generated content

In these terms of use, 'your user content' means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your user content will comply with these terms of use.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

7. Limited warranties

You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information.  We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
 
8. Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees.  Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use.  This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

9. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use.

10. Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise; and/or
(g) suspend and/or delete your account with the website.

11. Variation

We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

12. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use. 

13. Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14. Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

15. Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
 
16. Law and jurisdiction
 
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
 
17. Termination of this Agreement

 
17.1 This Agreement, so far as it applies to a Client or Customer, may be terminated by:
17.1.1  Either party on written notice to the other if:
(a) the other commits a material breach of this Agreement (including substantial loss of content or functionality in the service to Client/Customer's detriment and for which no reasonable substitute is provided), provided that where the breach is capable of being remedied then the defaulting party shall have failed to remedy the same within 30 days of receiving notice specifying the breach and requiring its remedy; or
(b) the other is adjudicated bankrupt, enters into liquidation or any arrangement or composition with or assignment for the benefit of its creditors or if a trustee or a receiver or administrator or administrative receiver or receiver and manager is appointed against the whole or any part of its assets or business; or
17.1.2 Either party on receipt of written notice by the other of not less than 30 days prior to, and taking effect on, the expiry of the current subscription period. Refunds in respect of the current subscription period will only be given in exceptional circumstances and entirely at the discretion of Lawgistics Ltd; and
17.1.3  Expiry or termination of this Agreement shall be without prejudice to the accrued rights and obligations of the parties.
17.2 Within 4 weeks of the date of expiry or termination of this Agreement, whichever is the earlier the Client/Customer must delete and/or procure the deletion of all copies of any data acquired at all and confirm in writing to Lawgistics Ltd that this has been done.

18. Limitations

18.1 Except as expressly permitted by this Agreement (or as permitted otherwise by law or with prior written agreement of Lawgistics Ltd), you may not in respect of the data or extracts (or any part thereof) ('Content'):
(a) copy, download, store, publish, transmit, transfer, sell or otherwise use the Content in any form or by any means;
(b) re-use, assume, decompile, reverse engineer, disassemble, attempt to discern the source code or interfere in any way with the Content;
(c) modify or make any alterations, additions or amendments to the Content;
(d) combine the whole or any part of the Material with any other software, data or material;
(e) create derivative works from the whole or any part of the Content; or
(f) sell, licence or distribute the Content to third parties or use the Content as a component of or as a basis for any material offered for sale, licence or distribution.
18.2  You shall use your reasonable endeavours to keep any data stored (acquired under this Agreement) secure and to prevent any other party duplicating or otherwise reproducing the same in whole or in part.
18.3  You shall not delete, erase, remove, deface or cover up any copyright or other proprietary notice, disclaimer or other of Supplier's statement(s) used in connection with any data, nor authorise another person to do so.

19. Copyright

You acknowledge that the copyright, trademarks, and all other intellectual property rights subsisting in or used in connection with the Content are the property of, Lawgistics Ltd.

20. Registrations and authorisations

Our VAT number is GB 764 0042 56.

Our data protection registration number is Z2801426.

21. Our details

The full name of our company is Lawgistics Ltd
 
We are registered in England & Wales under registration number 04091280. 

Our registered address is Vinpenta House, High Causeway, Whittlesey, Cambridgeshire PE7 1AE. 

You can contact us by email to info@lawgistics.co.uk.


Lawgistics Membership, Products and Training

1. Membership

Members must correctly disclose their legal identity to Lawgistics when becoming a Member. Limited Companies must provide their company registration number and any other entities must on request, provide the name of the owner/sole trader and provide ID such as a current driving licence.

Any changes in ownership or company name or registration details must be provided immediately so Lawgistics have current details at all times.

Legal Helpline

The Legal Helpline is open for advice 09:00 — 17:00 Monday — Friday excluding Bank Holidays and other specified times during the year. Lawgistics accept no liability if the service cannot be provided during opening times for any reason.

Members are entitled to telephone advice on the following areas of law: Motor Industry Consumer Law, Employment Law, Small Claims, Trading Standards and Health & Safety. Advice may be given in other areas at the discretion of Lawgistics subject to capacity, in-house knowledge and fair usage.

Members entitled to use of the Legal Helpline may be sent templates but if a template is tailored to the needs of the Member, this will be considered casework.

An Advisor may not be available immediately. In such a case, an Advisor will phone back at the earliest available opportunity.

Casework Service

Casework is defined as any work which requires a Legal Advisor to either write to another party, draft a letter on behalf of a Member, provide written advice, tailor a template or consider papers sent in by a Member.

Small Business Members are entitled to a total of 5 pieces of casework per membership year. Any cases over this limit will require the Member to upgrade to Professional Membership and pay the appropriate rate or pay for work to be completed at the Members’ discounted rate of £150 per hour plus VAT. If the Member does not wish to pay the upgrade fee, they will remain a Small Business Member and remain entitled to use of the Legal Helpline and for work to continue on existing cases but no further cases will be opened in that Membership year.

Professional Members are entitled to unlimited casework subject to our Fair Usage policy. Fair Usage is at the absolute discretion of Lawgistics who will consider frequency, timing and quality of cases received, whether the Member has followed advice given by Lawgistics and/or followed the law and industry good practice and any other factors Lawgistics consider relevant to enable them to provide a good service to their Membership as a whole.

If a case requires work beyond the end of a membership year, no further work will be undertaken if the Member does not renew their membership and all parties are notified accordingly.

Whilst every effort will be made to respond to casework requirements promptly, time is not of the essence in respect of the service and it will be at Lawgistics’ discretion only, what priority is given to dealing with such responses. There are occasions when, due to legal time limits or emergency situations casework may not be handled in the order it is received. However, we will endeavour to respond to all standard casework enquiries within 5 working days.

Unreasonable demands from Members will not be accepted. Examples of this may include demanding work to be completed in unreasonably short time scales, rude or aggressive conduct to staff and failing to send requested documents or not providing requested information when required to do so. In these circumstances Lawgistics reserve the right to cease work on any case.

Lawgistics reserve the right to refuse to accept casework when the supply of necessary documents and/or information is unreasonably delayed by the Member or is not provided in an appropriate, legible format.

Members are expected to respond to requests for information/documentation and to approve letters and other documents in a reasonable time frame. Lawgistics accept no responsibility for the Member’s failure to respond to such requests.

Lawgistics reserve the right to refuse to act for any Member when a conflict of interest arises with Lawgistics or another Member of Lawgistics.

If a Member fails to follow advice, then any subsequent work required as a result of the failure may be charged at the rate of £200 plus VAT per hour.

Lawgistics reserve the right to charge the Members’ discounted hourly rate of £150 plus VAT per hour for any work outside our standard remit. This may include, but is not limited to, the writing of tailored terms and conditions, appeals and set aside applications, Fast and Multi track matters or where the Member has failed to follow an Order of the Court. You will always be advised of any such fee prior to work commencing.

If Lawgistics considers a case to have no merit or is outside of their remit, they have the absolute right to not assist. If the Member persists with the matter, they will need to pay the non-discounted rate of £200 plus VAT per hour for Lawgistics to work on the matter. There will be no refund or discount if the Member chooses to seek alternative help and advice on any one matter.

Lawgistics will cease acting if they become professionally embarrassed. No refund will fall due. Lawgistics will accept no liability for loss arising from a failure to follow advice given.

Legal Proceedings

Lawgistics have no obligation to work on matters which are outside of the Small Claims Limit (currently £10,000). In the event that Lawgistics agree to take on a Court Case with a value in excess of £10,000, they reserve the right to refer certain parts of the work to a barrister or advocate for which the Lawgistics Member will need to pay the respective professional fee.

Where a Member becomes involved in legal proceedings including Employment Tribunals, Lawgistics will not represent or go on Court/Tribunal records as acting for the Member. The Member will act as a litigant in person. Members will be supported with the preparation of paperwork. However, the Member remains solely responsible for meeting court deadlines, for complying with Court Orders and instructions and attending court when required. Lawgistics have no liability for any loss resulting from missing a court deadline.

Lawgistics may advise that Members take third party representation to a court hearing with them such as a Barrister, Solicitor or Advocate. On request, Lawgistics may provide details of third party representation but Lawgistics do not receive any commission and accept no responsibility for the third party service. Payment for these third party services remain at all times the responsibility of the Member and payment for these fees will not be made by Lawgistics.

Members must note Court deadlines and proactively work with Lawgistics to meet those deadlines. Lawgistics may send documents to the Court on the Member’s behalf but it remains the Member’s ultimate responsibility to ensure Court Documents are signed off and filed in a timely manner.

Lawgistics cannot sign Court Documents on behalf of Members as we are not regulated to do so. All Court Documents and other letters must be signed by Members themselves.

Fees

Fees for the membership packages will be reviewed annually and may vary. The yearly fee becomes due on the start date of the membership and must be paid in full unless a monthly Direct Debit is agreed with the Sales Team. Regardless of method of payment, the yearly fee is payable once membership starts and there is no pro-rata refund.

Membership is for 12 months and becomes due for renewal on the yearly anniversary of the membership start date unless the Member has given prior written notice of cancellation at least 10 calendar days in advance of renewal date. On automatic renewal you will become liable for the membership fee for the new 12-month period.

Your membership may be terminated by Lawgistics if the terms and conditions of the service are breached. No refund of membership will be due and any balance due for the outstanding membership period shall remain due and payable.

Unlike a traditional insurance policy, we will deal with pre-existing legal issues but Direct Debit will not be a payment option for those Members who join with existing issues and/or court cases.

All prices quoted will be subject to VAT at the current prescribed rate, on the date of purchase.

Cancellation of Membership

If you do not cancel, your membership will automatically renew and the current yearly fee will become payable. If you do not wish to renew, you must advise of this in writing to Accounts at accounts@lawgistics.co.uk no later than 10 calendar days before the Membership Anniversary. If no written cancellation request is received prior to the 10 day deadline without good reason, membership will automatically renew and you will be charged accordingly, unless otherwise agreed by the Directors of Lawgistics.

If you cancel your membership part way through a membership year, the entire yearly membership fee will remain due and payable. Any outstanding amount for the membership year will fall due immediately.

Cancellation of your Direct Debit instruction does not act as a cancellation of services which can only be cancelled in writing as above. Should you cancel a Direct Debit without following the required cancellation procedure, you will remain liable for the outstanding balance of that year’s membership fee.

Unpaid Fees

Lawgistics reserve the right to take all necessary steps to recover unpaid and outstanding membership fees. An administration fee will be added to any amount owed and interest will also be added at the rate of 8% from the date the sums became owed. If sums are not paid on demand, Lawgistics reserve the right to take further action including, but not limited to, issuing a County Court claim or statutory demand for sums owed. Any Member who defaults will no longer have the option to pay by instalments and will therefore need to pay the yearly amount in full at the start of any membership period.

General

Lawgistics record all phone calls and will monitor them from time to time for training and other purposes.

Our staff have the right to work in an environment free from violent, threatening or abusive behaviour. At no time will any violent, threatening or abusive behaviour be tolerated. Lawgistics may refuse to assist a Member considered to be acting in such a manner and may cancel their membership and immediately demand all outstanding fees for that membership year.

Money Back Guarantee

New Members are given the 14 day no quibble money back guarantee. This does not apply if any paperwork has been produced and approved by the Member. It does not apply to renewals.

Complaints Procedure

Lawgistics aim to provide all Members with a high level of service. However, there may be times when, for whatever reason, the service provided does not meet Members’ expectations. Should this occur, in the first instance we encourage Members to contact the particular individual in question to discuss the matter and to give us the opportunity to rectify this.

Should this not resolve your complaint then our Client Care Team should be contacted at clientcare@lawgistics.co.uk.


2. Lawgistics Stationery/Warranties/Document Downloads from Website (collectively known as "Lawgistics documents")

Unless agreed by separate licence contracts, Lawgistics owns the copyright in Lawgistics documents produced by Lawgistics. Lawgistics may exercise all or any legal remedies including injunctions to restrain unauthorised use of its intellectual property within but not limited to Lawgistics documentation.

From time to time Lawgistics will, in the best interests of clients, and as a result of changes in the law, amend the content of Lawgistics documents. Lawgistics accept no liability for loss incurred arising from use of such out of date material.

A Member or client who agrees to purchase Lawgistics documents shall not acquire ownership (title) to such material unless and until any purchase price is paid in full and such funds are cleared.

Unless indicated otherwise all prices quoted will be subject to VAT at the current prescribed rate, on the date of purchase.

3. Training

If cancellation is received 7 or less days before the course, then the full fee is payable, if 8-21 days before the course, then 50% of the fee is payable, and if more than 21 days before the course, then the full fee will be returned.

Unless indicated otherwise all prices quoted will be subject to VAT at the current prescribed rate, on the date of purchase.