1. Your agreement is with the Law Society of 113 Chancery Lane, London WC2A 1PL.
The contract between us
2. By applying for Risk and Compliance Service membership, you agree to these terms and conditions.
3. These terms and conditions shall apply to and be deemed to be incorporated into all Risk and Compliance Service membership contracts to the exclusion of any terms or conditions contained or referred to in any documents proffered by you or implied by trade, custom and practice or course of dealing, unless specifically agreed to in writing by us.
4. We must receive payment of the whole price of the membership you request before your membership can be accepted. Once payment has been received by us, we will confirm whether your membership has been accepted by sending to you an email confirmation at the email address specified in your membership application. Our acceptance of your membership constitutes a legally binding contract between us.
5. We reserve the right to refuse any request for membership at our sole discretion, or to cancel your membership at any point during your membership year.
6. The use of any promotional code is subject to the rules of the relevant promotion.
7. The pricing for membership of the Risk and Compliance Service is set out on our website.
8. All prices are expressed exclusive of any VAT payable unless otherwise stated.
9. Your credit/debit card details will be encrypted to minimize the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order. The cost of your order includes a transaction fee that is payable to ePDQ.
10. Membership is on an individual or corporate subscription basis. For corporate subscriptions, you will need to identify named individuals who will have membership under the subscription. Membership under a corporate subscription may be transferred from one named individual to another by emailing us at firstname.lastname@example.org. It can take up to 14 days for the transferee to gain access to membership benefits. This is to allow for the cancellation of the old password and the issue of a new one.
11. Individual memberships and corporate subscriptions last for a period of 12 months from the date we email to confirm acceptance of membership. This is subject to earlier cancellation in accordance with these terms and conditions. Promotional offers may become available from time to time, which offer extended periods of membership.
12. All entitlements related to your membership are set out on our website.
13. All updates and membership information will be sent via email. These emails will be sent to you at the email address specified in your registration information. We accept no responsibility if you do not update your registration information with your current email address or (because of the nature of email communications) if these emails do not reach you for some other reason.
14. We are continually seeking to improve the membership service. We reserve the right, at our discretion, to make changes to any part of the membership service provided that it does not materially reduce its content or the benefits under it.
15. Members may state on their website and publicity/marketing materials that they are members of the Risk and Compliance Service, but they must not use the Law Society coat of arms logo, or any other Law Society branding, without our prior written consent. If you exercise this permission, you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it, or suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw any permission given in this Clause on notice to you.
16. Information and materials supplied as part of your membership (including any monthly e-newsletter) is for use by you/the individuals covered by a firm membership for reference purposes only. It shall not be republished, or incorporated in any other work or publication, whether in paper or electronic form, without our prior written permission.
17. Any permissions relating to the use of service material, such as the content of e-newsletters, should be addressed to us in writing by emailing: email@example.com.
18. If you have firm membership, all queries under the ‘safe harbour’ scheme element of the membership service shall be raised with us by the individual identified to us as the firm’s principal member.
Password and security
19. You must keep any password and promotional codes confidential and must not disclose them or share them with anyone. If you know or suspect that someone else knows the password or any promotional code, we should be notified immediately by contacting us at firstname.lastname@example.org.
20. You have the right to cancel your membership by giving us notice at any time. If you cancel within 14 days of the day on which we email to confirm acceptance of your membership, we will reimburse all sums paid by you or on your behalf for your membership. Please note, this right to be reimbursed will cease if we begin to provide you with any membership benefits with your agreement in that time. If you cancel after 14 days, you will not be entitled to any refund, and no sums paid will be reimbursed.
21. We may terminate your membership by giving you notice if you are in material breach of these terms and conditions and the breach is not remedied within a period of seven days after written notice of the breach has been given to you.
Disclaimers and liability
22. Nothing in these terms and conditions will affect your statutory rights if you are a consumer, or limit or exclude our liability for death or personal injury caused by negligence, fraudulent misrepresentation and any other liability which cannot lawfully be excluded or limited by English law.
23. Although we aim to offer you the best service possible, we make no promise that membership will meet all your requirements.
24. We cannot guarantee any Risk and Compliance Service website will be available at all times or fault free. If a fault occurs you should report it to us by emailing: email@example.com and we will attempt to correct the fault as soon as we reasonably can.
25. To the maximum extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by the law.
26. If we are in breach of these terms and conditions, we will only be responsible for any losses that you suffer as a result of that breach to the extent that such losses are a foreseeable consequence to both of us at the time you use the relevant membership service. Our liability shall not in any event include economic and/or business losses such as any direct or indirect loss of profits, time, revenue, goodwill, business, data or anticipated savings.
27. Furthermore, our total liability to you in respect of all causes of action arising out of or in connection with these terms and conditions and your Risk and Compliance Service membership, whether for breach of contract, tort (including, without limitation, negligence), misrepresentation or otherwise, shall not exceed the price paid for your membership.
28. We may update these terms and conditions from time to time, including for legal or regulatory reasons, to allow the proper provision of the membership services, or to allow the proper operation of our websites. The changes will apply after we have given notice of them to you.
29. If you have any complaints, please email us at firstname.lastname@example.org or ring us on 020 7320 5835. We would like to hear from you so we can improve our service.
30. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
31. If you breach these terms and conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the terms and conditions.
32. We shall not be responsible for any breach of the terms and conditions caused by circumstances beyond our reasonable control.
33. A person who is not a party to this contract (including any individual accessing this website under corporate membership) shall have no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract. This does not affect any right or remedy of a person who is not a party to this contract that exists or is available apart from that Act.
34. Unless otherwise expressly stated in these terms and conditions, all notices from you to us will be sent by post or hand delivered to the address given above, or sent by email to us at email@example.com, and all notices from us to you will be sent by email to the address specified in your registration details, or via a suitable announcement on our website.
35. These conditions shall be subject to the laws governing England. We will try to resolve any disagreements quickly, but if you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within England.