1 Introduction
1.1 Website usage agreement between all firms within the PM Group “Group” (PM Law Limited, PM Property Lawyers Limited (‘PMPL’), Proddow Mackay Limited, Proddow Mackay (Conveyancing) Ltd, PM Law (Specialist Claims) Limited, Autonet Law Limited, OJM Law, OC Law Ltd, Linkfield Claims Services Limited, Lexelle, DJ Mackay & Partners LLP) and the User.
1.2 Use of this site constitutes agreement with the following terms and conditions. These terms are governed by and interpreted in line with English Law. Please read these carefully.
1.3 This site is intended for the use by citizens of the United Kingdom. This site is not intended for distribution to, or use by, any person in a country where such distribution or use would be contrary to local laws or regulations.
2 Terms of Website Use
2.1 These terms and conditions (the ‘Terms) set out below will govern your use of this website.
2.2 References on the Website to ‘the Firm’, ‘we’, ‘us’ or ‘our’ mean the different Firms of the Group/the Group. A list of our Partners’ / staff names may be inspected at our registered office. The term ‘Partner’ in relation to the Firm refers to a Director / Member / an owner of the Firm or to an employee or consultant with equivalent standing and qualifications.
2.3 The legal information on the Website is to provide users with the Terms upon which they use the Website and to make accessible certain other legal and regulatory information which it is best practice to place in the public domain where it can be easily accessed by clients and other interested third parties. The legal information on the Website should, for clients of the Firm, be read in association with our client care letter and terms of business (the ‘Client Care Documents’) and other documents referred to in the Client Care Documents. The Client Care Documents shall take precedence over any other information on the Website in the event that they differ from one another.
2.4 The Website is owned and operated by the Firm. For the purposes of the Terms, the Firm includes any and all of the Firm’s subsidiary undertakings, co-branded businesses and joint ventures which may exist from time to time.
2.5 The Firm reserves the right, at its discretion, to make changes to any part of the Website or the Terms. Should the Terms be amended, the Firm will not notify you and it is your responsibility to check the Terms every time you use the Website. You are therefore advised to check this page from time to time.
2.6 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
2.7 The materials on the Website do not give specific legal advice and should not be relied on as doing so. In particular, you should be aware that laws and regulations might be different outside England. Your use of the Website does not create a contractual or solicitor-client relationship between you and the Firm. We recommend you contact the advisers who are named in the Website for advice about particular matters.
3 Copyright and Intellectual Property
3.1 Copyright and other intellectual property rights in the content of the Website, including any of the Firm’s marks, logos and brands, belongs to the Firm or its licensors (who have expressly licensed content to the Firm). All rights, save as expressly granted, are reserved. If you are in doubt whether an item is copyright or a trademark of the Firm, please contact us for clarification.
3.2 We cannot warrant that use of the site will not be interrupted or unavailable due to any factors outside our control.
3.3 We are happy for you to download or print off copies of the content of this site (other than any quotation details) for your personal, non-commercial use and information but, any copying or adaptation of the content, layout or code of this site, or the creation of an archive or database containing the content, for any business purpose or other commercial exploitation, without our specific consent will constitute copyright infringement.
3.4 If you do download or print off copies of the content you must retain any copyright or other intellectual property notices contained in the original material.
3.5 You may not copy, distribute or display the site or any part of it to third parties. You may not link to or mirror any part of the site. Any infringement of any intellectual property rights in this manner will result in appropriate legal action.
3.6 Any rights not expressly granted in these Terms are reserved.
3.7 By continuing to use these Terms, you undertake not to do anything in a way that is calculated to damage our reputation or to take unfair advantage of it
3.8 By continuing to use these Terms, you undertake not to allow or facilitate any use of the Website that would constitute a breach of these Terms or a violation of applicable laws and/or Regulations.
4 Disclaimers Relating to Downloads
4.1 The Website may allow users to download certain documents which are also available directly from the original source website and various other websites.
4.2 To the extent permitted by law, the Firm excludes all liability in contract, tort (including negligence) breach of statutory duty or otherwise for any costs, losses, claims, damages, expenses or proceedings (including special, incidental or consequential loss or damage, loss of profits and wasted management time) incurred or suffered by you arising directly or indirectly in connection with the use of the download facility and the content of any downloaded material including any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy or copyright with the downloads, their content or associated services or due to any unavailability of part or all of any associated website or associated service.
4.3 The Firm excludes all liability for any illegality arising from error, omission, inaccuracy or copyright of any material available for download and takes no responsibility for such material.
4.4 Any downloads are provided solely for your convenience and the Firm does not necessarily endorse the material which can be downloaded and will have no liability to you in respect of the same.
4.5 Downloading documents from the Website should not be used as an alternative to legal advice from a qualified solicitor and using any such documents does not create a solicitor-client relationship between you and the Firm.
4.6 Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4.7 The Firm cannot guarantee that downloading documents from the Website will be free from error and/or uninterrupted and we shall not be liable for any damages including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in contract, negligence or other tortious action, arising out of, or in connection with the download facility or any associated website.
4.8 Whilst effort has been taken to ensure that any downloads are free from viruses, no warranties are given to that effect and users are responsible for ensuring that they have installed adequate virus checking software.
4.9 The information on this site is provided on an ‘as is’ and ‘as available’ basis. We try to ensure, but do not guarantee or warrant, the accuracy or completeness, availability or reliability of the information on our website. Our aim is to keep this information timely and accurate. If errors are brought to our attention, we will try to correct them.
4.10 We exclude any warranty, express or implied, as to the quality or fitness for a particular purpose of any of the content on this site.
4.11 We reserve exclusive right at our sole discretion to alter, limit or discontinue part of this site. Under no circumstances shall we be liable for any loss, damage, liability or expense suffered which is claimed to result from the use of this site, including without limitation, any fault, error, omission, interruption or delay. Use of this site is at the user’s sole risk.
4.12 We make every effort to minimise disruption caused by technical errors. However, some data or information on our site may have been created or structured in files or formats, which are not error-free, and we cannot guarantee that our service will not be interrupted or otherwise affected by such problems. We accept no responsibility with regards to such problems (failure of performance, computer virus, communication line failure, alternation of content, etc.) incurred as a result of using this site or any link to external sites.
4.13 Users specifically acknowledge and agree that we are not liable for any conduct of any other user.
4.14 We reserve the right to deny at our sole discretion any user access to this site or any portion thereof without notice. We have no obligation to forward any unread or unsent messages to you or any third party.
4.15 We will be liable to you for any foreseeable loss or damage that is caused by us as a result of our breach of these Terms and Conditions or our failure to exercise reasonable care and skill.
5 Reports of Misuse
We take feedback very seriously and are constantly looking for ways to improve the Website. If you have any comments or concerns regarding the information or the Website content generally, or would like to report any misuse of the Website, please contact us by sending an email to enquiries@pm-law.co.uk.
6 Severability
If the Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under our laws in which the Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall be treated as severed and deleted from the Terms. The remaining provisions contained within the Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.
7 Events Beyond our Control
The Firm will not be responsible for any breach of the Terms caused by circumstances beyond its reasonable control.
8 Governing Law
These terms regarding the Website are governed by English law. Access is granted on condition that you accept all of the above and agree to the jurisdiction of the courts of England and Wales to settle matters in relation to the Website.
9 Data Protection and the Firm’s Privacy Policy
The Firm takes data protection seriously and safeguarding the privacy of the Website visitors is important to us. These terms explain the use of the Website and the personal information we may collect when you visit the Website. They also explain our use of cookies and tell you how to contact us if you have any queries about how we use your personal information. In using the Website or by registering for any of the specific services we offer through it, you are indicating that you understand and accept that your personal information may be used by us in the manner described below. We are registered as a Data Controller with the Information Commissioner. All information that we hold concerning you as an individual will be held and processed by us strictly in accordance with the provisions of the Data Protection Regulations. You may raise any query that you have with regard to your confidentiality, privacy and data protection with our Data Protection Officer at the address noted above. You also have the right to lodge a complaint with the ICO in the event that you believe we have mishandled your personal data. Please see the ICO’s website for details of their complaints handling process
10 Links with other websites
These terms only relate to the Website. Any links from the Website to other websites are provided merely for your convenience and do not imply endorsement by us of the content or provider or the way that your personal data is managed. Unless expressly stated, any content derived from any other links is not under our control. We neither assume nor accept responsibility or liability for such third party content.
11 Information collected and how we use it
11.1 When you access or sign up to any of the Firm’s services including newsletters, bulletins, competitions, webinars etc., we may collect and process personal information such as your name, address, telephone number, email address, IP address and other information relating to you.
11.2 We will store and use your personal information for purposes such as administering and maintaining our relationship with you; providing services or information requested by you; providing you with further information about our products and services; and for auditing usage of the Website. Your information will not normally be disclosed to third parties except where that is necessary for fulfillment of our obligations to you, or we are obliged or permitted to do so by law.
12 Use of your information outside the United Kingdom
In order to provide you with requested products and services we may need to transfer your personal information to service partners based in countries outside the United Kingdom (UK). This does not diminish your rights. The Firm will take all reasonable steps necessary to ensure that any personal information transferred outside the UK will be treated securely and in accordance with these Terms, the Privacy Policy and the provisions of the GDPR.
13 Security
The Firm has policies and technical measures in place to safeguard and protect your personal information against unauthorised access, accidental loss, improper use and disclosure. However, the internet is not completely secure and though we will do our best to protect your personal information the transmission of your data to us is done so at your own risk.
14 CCTV Cameras
14.1 The Firm deems it is necessary, for the security of its personnel, premises and property, for CCTV cameras to cover all points of entry to the premises and reception area. No other methods were felt to offer sufficient protection. The Firm has responsibility for the operation of the system and for ensuring its compliance with the appropriate code of practice. For that purpose the Firm will check weekly that the system and the information it automatically records are working correctly and accurately. These checks and all maintenance of the system will be logged on.
14.2 The cameras and any recordings taken will not be used for any purpose other than as above. Suitably sized warning signs will inform the Firm’s personnel and visitors when they are entering an area likely to be covered by the cameras, which will state the purpose of the scheme, the person responsible for it and whom to contact in respect of it. The cameras do not have a sound recording facility. Any recordings will be kept for no longer than 31 days, unless they are required for evidential purposes in any legal proceedings. After that they will be erased.
14.3 Recordings may only be watched in a restricted area, under the supervision of a Senior Manager and/or our Head of Facilities. Any request for access to or disclosure of recordings should be made to them and will be logged by them. Third party access will only be granted with the relevant permissions. Subject Access Requests will also be dealt with as described in the code.
15 Email Policy
15.1 The views and opinions expressed in any email from the Firm are those of the author and are not necessarily endorsed by the Firm.
15.2 All information contained in any message or attachments is intended solely for the addressee. It is confidential and may also be legally privileged. If you have received any message in error, please send it back to us, and immediately and permanently delete it. The unauthorised use, disclosure, copying or alteration of a message and/or any attachment is strictly prohibited.
15.3 It is your responsibility to scan for viruses or otherwise check any email and any attachments. All email messages and any attachments are scanned for viruses prior to leaving our network. However, the Firm does not guarantee the security of any message or any attachments and will not be responsible for any damages arising as a result of any virus being passed on or arising from any alteration of any message by a third party.
15.4 Please be aware that email accounts can be hacked by criminals. If you receive any notification of changes purporting to come from us (particularly including bank details) please contact the person dealing with the matter directly by reliable and established means, such as by telephoning the number on our website (not the number on any suspicious email you may receive). Our bank account details will not change – please inform us immediately if you are asked to send money to an alternative account or if you are asked to make a payment directly to our bank account by email. We will not be liable for the transfer of any monies to a bogus account unless it occurred as a result of our negligence.
15.5 We may monitor emails sent to and from our network.
15.6 If you require verification of the content of any email message and/or attachment or if you have any questions about these terms or our usage of email, please contact us at our offices or by sending an email to enquiries@pm-law.co.uk
16 Contacting Us
To contact us, please email us at enquiries@pm-law.co.uk or by using any of the methods provided on our contact page.
