Last updated: 12 September 2017
Thank you for using https://mylegaladviser.co.uk. The Site is owned and provided by MyLegalAdviser Limited (Company No. 09321689) whose registered address is 71-75 Shelton Street, Covent Garden, London WC2H 9JQ.
The Service is for use in connection with obtaining legal advice and assistance in relation to the jurisdiction of England and Wales only. You are responsible for all compliance with laws and regulations which apply to you.
You are not permitted to continue to use the Site and/or our Service unless you wish to be bound by these Terms. By signifying your acceptance of the Terms and/or continuing to use our Site and Service you confirm your acceptance of these Terms.
The provider of our Service and owner of our Site is MyLegalAdviser Limited. You can contact us by email at [email protected]ser.co.uk. When the Terms make a reference to "we", "us" or "MyLegalAdviser" that is a reference to MyLegalAdviser Limited.
Where we refer to "you" in the Terms this means you and any person or entity that accesses or uses our Site and/or Service on your behalf.
Our "Site" means https://mylegaladviser.co.uk and all the pages, content and sub-domains contained therein. Our "Service" means any procedure or service that is provided or made available by us to you, which includes, but is not limited to: information, services and products provided through the Site, or by telephone, email, third party platform or by any other means.
"Account" means an account you create on our Site in accordance with section 3.
"Client" means any person who submits an Enquiry to us, or on behalf of whom an Enquiry is submitted.
"Enquiry" means an enquiry submitted to us by a Client in respect of which the Client would like legal advice/assistance.
"Feedback" means a Client or Referee providing a rating ("Rating") and, optionally, a testimonial ("Testimonial") of the service a Lawyer has provided.
"Introduction" means selecting a Lawyer who you would like to be introduced to in relation to a Quote on an Enquiry you submitted. The date of an Introduction is known as the "Introduction Date".
"Job" means an Enquiry a Client instructs a Lawyer to act on for them, or any new job which a Client hires a lawyer to perform for them following an Introduction.
"Lawyer" means any person whose Quote we send to a Client in response to an Enquiry.
"Legal Fees" means the any legal service fees (not including disbursements or third party expenses) which a Lawyer charges a Client.
"Payment Request" means a request for payment by a Lawyer from a Client via our Service.
"Quote" means a Lawyer tendering for an Enquiry a Client has submitted.
"Referees" means anyone nominated by a Lawyer and who we invite to provide Feedback about a Lawyer on our Service.
"Shortlisting" means us selecting Quotes submitted by Lawyers in response to an Enquiry and sharing such of them with the Client as we shall in our discretion determine in accordance with section 8.
In order to use our Service as a Client, you must create an Account. You agree not to ask or allow another person to create an Account on your behalf, for your use or for your benefit.
When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You authorise MyLegalAdviser to assume that any person using the Site with your username and password is you or is authorised to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorised use of your Account or any unauthorised access to your password. You further agree not to use any username, or password, of another Client or Lawyer on our Service that you are not authorised to use, and not to allow others who are not authorised to do so to use your Account at any time.
The Site is a marketplace where Clients can post Enquiries to get Quotes from Lawyers, review Lawyer profiles and Feedback, obtain introductions to Lawyers who quote for their Enquiries and make payment of their Legal Fees to any Lawyer they instruct. Subject to these Terms, we provide the Service to Clients and Lawyers, including hosting and maintaining the Site.
A core purpose of the Service is to connect Clients to genuine Lawyers who wish to assist with and act on Enquiries submitted by those Clients. The Service is therefore not for use by Clients who do not intend to submit genuine Enquiries for which they wish to receive Quotes and which they would like to be introduced to a Lawyer who can assist them. You therefore agree that you will not under any circumstance:
You are responsible for ensuring that you are legally entitled to publish any information which you upload to our Site and/or Service. You may only use the Service to invite Quotes for genuine Enquiries where you have authority to appoint a Lawyer and your intention is to do so, subject to agreeing appropriate terms.
You agree not to use the Service in any unlawful manner and in particular shall not:
Enquiries are submitted by completing the Enquiry form on our Site. By submitting an Enquiry, you are requesting us to obtain the best Quotes we are able to within such period of time as we shall, in our discretion, determine (the "Quotes Process").
You are responsible for accurately describing your requirements for any query in respect of which you submit an Enquiry. You are solely responsible for the content, accuracy, and completeness of each Enquiry you submit to us and agree that any Enquiry you submit shall only contain information which is true and accurate to the best of your knowledge and belief at the time it is submitted.
You must not include in any Enquiry any information which could personally identify any other person unless you are entitled, or have their authority, to do so.
By submitting an Enquiry you grant to us a royalty-free, perpetual, irrevocable and non-exclusive licence to use, copy, reproduce, modify, publish, edit, translate, distribute and display the Enquiry alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that you are entitled to grant such a licence. You also waive any moral rights you have in respect of an Enquiry. Do not include in any Enquiry any information that you would not want us to use in this way.
If Lawyers require more information about an Enquiry they may ask for more information by using the "Question and Answer Facility" on our Site. The Question and Answer Facility is to help you obtain the best and most accurate Quotes possible.
It is a violation of these Terms to use the Question and Answer Facility to encourage Lawyers to contact you directly in order to avoid your obligation to pay your Lawyer via our Service following an Introduction. Doing so may result in us withdrawing your Enquiry and/or temporary or indefinite suspension of your use of our Service.
At the end of the Quotes Process, and where we have been able to obtain one or more Quotes for your Enquiry, we shall Shortlist those Quotes and make the Shortlist available for you to view on our Site. You acknowledge and agree that the Shortlist shall be comprised of such Quotes as we shall in our discretion determine. You further agree and acknowledge that you have no right to, and we are under no obligation to provide you with, any other Quotes which we at our discretion choose not to Shortlist for your Enquiry.
We may, at our discretion, share such other information about the Quotes as we were able to obtain for you, but you agree and acknowledge that we are under no obligation to do so.
We shall make the Shortlist available for you to view on our Site for such period and in such manner as we shall in our discretion decide.
Where you wish to be introduced to a Lawyer on the basis of the Quotes we Shortlist for you, by clicking the "Introduce Us" button (or similar) you request that we share your personal and contact details with the Lawyer as soon as possible and invite them to contact you to agree the terms of your engagement.
Prior to an Introduction to a Lawyer we may first require you to register a valid payment method (in accordance with section 12) and, where we do, you agree to provide such information as we shall request in this regard prior to us effecting an Introduction.
YOU AGREE AND ACKNOWLEDGE THAT YOU ARE UNDER THE OBLIGATION TO PAY ANY LAWYER WHOSE QUOTE WE SHORTLIST AND DETAILS WE SEND YOU VIA OUR SERVICE IN ACCORDANCE WITH SECTION 13 BELOW.
ON REQUESTING AN INTRODUCTION TO A LAWYER VIA OUR SERVICE, YOU UNILATERALLY CONSENT TO THAT LAWYER CORRESPONDING WITH YOU VIA OUR SITE/SERVICE AND SUBMITTING ANY PAYMENT REQUESTS (INCLUDING DETAILS OF LEGAL FEES) VIA OUR SITE/SERVICE. YOU AGREE THAT YOUR LAWYER MAY RELY ON THIS CONSENT UNLESS AND UNTIL SUCH TIME AS YOU EXPLICITLY INFORM YOUR LAWYER IN WRITING THAT YOU ARE WITHDRAWING YOUR CONSENT.
You acknowledge that a substantial portion of the compensation MyLegalAdviser receives for making the Site available to you is collected through the Service Fee described in section 14.
MyLegalAdviser only receives this Service Fee when a Client pays their Lawyer via our Service. Therefore, for 18 months from the Introduction Date (the "Non-Circumvention Period"), you must use the Site as your exclusive method to make all payments to that Lawyer for any Jobs you ask them to undertake for you, save where we direct otherwise (the "MyLegalAdviser Relationship").
You may opt-out of this obligation with respect to each Client-Lawyer relationship only if you or the Lawyer pays MyLegalAdviser for each such relationship:
(a) an "Opt-Out Fee" computed to be the greater of the following amounts:
(b) interest at the rate of 8% per annum, or the maximum rate permitted by applicable law, whichever is less, calculated from the date you first make payment to the Lawyer until the date the Opt-Out Fee is paid.
To pay the Opt-Out Fee, you must request instructions by sending an email message to [email protected].
Except if you pay the Opt-Out Fee, you agree not to circumvent: (i) your Lawyer’s obligation to make Payment Requests via our Service and (ii) your obligation to make payments to your Lawyer via our Service. By way of illustration, and not in limitation of the foregoing, you must not:
You agree to notify us immediately if any Lawyer improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this section, please submit a confidential report to us by sending an email message to: [email protected].
If you refuse to accept any new version of the Terms or elect not to comply with certain conditions of using the Site, such as minimum rates supported on the Site, and therefore choose to cease using the Site, you may pay the Opt-Out Fee for each Lawyer you wish to continue working with on whatever terms you agree after you cease using the Site.
In order to make payments via our Site and Service, you are required to provide at least one valid debit or credit card issued by a provider acceptable to MyLegalAdviser or such other method of payment as we may accept from time to time in our sole discretion (each a "Payment Method").
You hereby authorise us to run debit or credit card authorisations on all debit or credit cards provided by you, to store debit and/or credit card and banking or other financial details as your method of payment to Lawyers, and to charge your debit or credit card (or any other Payment Method).
By providing Payment Method information through the Site, you represent, warrant, and covenant that: (a) you are legally authorised to provide such information; (b) you are legally authorised to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to your use of such Payment Method(s) under any applicable law.
It is your responsibility to ensure the accuracy of any Payment Methods you provide and to keep them up-to-date. MyLegalAdviser does not accept any responsibility for any loss, howsoever arising, from your failure to ensure your Payment Methods are correct and kept up-to-date.
When you authorise a payment to your Lawyer via MyLegalAdviser (by clicking ‘Pay’ or similar), you automatically and irrevocably authorise and instruct us to charge your selected Payment Method. When you authorise a payment using a Payment Method via the Site, you represent, warrant, and covenant that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under the Terms cannot be collected from your Payment Method(s), you are solely responsible for paying such amounts by other means.
Payments made via our Service are made directly to your Lawyer’s Firm’s nominated bank account and it will generally take up to 7 days for your payment to arrive in their account. Subject to any issues beyond our control, we agree to ensure that payments you make to your Lawyer are processed and paid as expeditiously as is reasonably possible.
Your Lawyer is responsible for supplying us with the correct bank account details for them or their firm. We shall be under no responsibility to ensure the bank account details which they supply to us are correct.
You do not have to make payment via our Service where:
You acknowledge and agree that your obligation to pay for Legal Services arises solely from your contractual relationship with the Lawyer whom you have instructed and pursuant to a contract for legal services you may have with them (of which we shall not be a party). You agree that we shall not be held responsible for any failure of yours to pay your Lawyer as per your contractual obligations with them.
In cases of fraud, abuse, or violation of the Terms, we reserve the right to revoke any payments (unless otherwise prohibited by law). We reserve the right to seek reimbursement from you, and you will reimburse us, for any loss we suffer as a result of fraud or criminal activity associated with your payment, withdrawal, or Introduction; if we discover erroneous or duplicate transactions; or if we have supplied our services in accordance with the Terms yet we receive any chargeback from the Payment Method used by you. You agree that we have the right to obtain such reimbursement by offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your Payment Method, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of chargebacks is cause for termination of your Account and revocation of your access to the Site and our Service.
You agree to pay us a service fee equal to 10% of the value of Legal Fees payable to your Lawyer following an Introduction (the "Service Fee") and during the Non-Circumvention Period. Our Service Fee is calculated on the basis of Legal Fees which your Lawyer requests via our Service. Where a Lawyer requests:
Example 1: Your lawyer completes a job for you and submits an invoice for £500.
|Your lawyer submits an invoice for £500||£500|
|We charge a 10% Service Fee||£50|
|Total payable by you||£550|
Example 2: You make a payment on account of £200 to your lawyer who later submits an invoice for £500.
|Your lawyer requests a payment on account of £200 for Legal Fees||£200|
|We charge a 10% Service Fee (which we hold on account)||£20|
|Total payable by you in respect of payment on account||£220|
|Your lawyer submits an invoice for £500||£500|
|Your lawyer deducts £200 from funds you’ve already paid on account||(£200)|
|We charge a 10% Service Fee on the lawyer’s fees||£50|
|We deduct funds we hold on account from our Service Fee||(£20)|
|Total payable by you in respect of invoice||£330|
|Total payable by you overall||£550|
Where payable, our Service Fee is included in Quotes and Payment Requests from your Lawyer. When you make payment to your Lawyer, we deduct the Service Fee at the time of payment and the balance is paid directly to your Lawyer’s account.
For the avoidance of doubt, the Service Fee is not payable on payments not required to be made via our Service (as per section 13) or on disbursements or other third-party expenses payable to your Lawyer.
Our Service Fee is payable on the first £100,000 of Legal Fees payable to your Lawyer in respect of each Job your Lawyer is working on. Once you have paid £100,000 of Legal Fees on any Job we agree that you shall be under no further under any obligation to: (a) make payment to your Lawyer via our Service, or (b) to pay us the Service Fee in respect of that Matter. We may, at our discretion, offer you the option to continue to pay your Lawyer via our Service and, where we do so, we will not charge our Service Fee. However, we may charge a payment processing (or other administrative fee) to cover our costs which we shall notify you of prior to any payment you make.
You acknowledge and agree that we may charge your designated Payment Method when payment is authorised by you via our Site. Therefore, and in consideration of the Service provided by us, you agree that once we charge your designated Payment Method as provided in this Agreement, the charge is non-refundable, except as otherwise required by applicable law or set out in this section 15.
To the extent permitted by applicable law, you agree not to ask your credit card company, bank, or other Payment Method provider to charge back any payment made pursuant to the Terms for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Terms. If you initiate a chargeback in violation of this Agreement, you agree that we may dispute or appeal the chargeback and institute collection action against you in accordance with this section.
In the event your Lawyer notifies us they have made a refund to you of any amount of their Legal Fees which you have paid via our Service, we shall refund an equivalent proportion of our Service Fee (i.e. 10% of the Legal Fees) less a payment processing fee of £0.20 plus: (i) for refunds to EU cards, 1.9% of the amount of Legal Fees the Lawyer is refunding you plus VAT (where applicable), or (ii) for refunds to non-EU cards, 3.4% of the amount of Legal Fees the Lawyer is refunding you plus VAT (where applicable).
Where you provide Feedback you confirm that:
You acknowledge that you are directly responsible for the accuracy and legality of any Feedback you provide. You acknowledge that you are responsible for any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the Feedback function, or any other part of the Site. You agree that you will be liable to us for any damage, loss, claim, demand, liability or expense including reasonable legal fees that we may suffer or incur arising out of or in connection with your conduct on this Site and/or your Feedback.
We reserve the right to publish or display your Feedback on our Site or via our Service at such time and in such manner as we in our sole discretion may determine. You acknowledge that we may perform checks on Feedback to ensure its authenticity and that we may, at our sole discretion, remove any Feedback that we cannot verify the authenticity of.
Where you have a dispute with a Lawyer you should address the dispute directly with the Lawyer concerned, the law firm they work for, the Legal Ombusdman or the Solicitors Regulation Authority (www.sra.org.uk).
Where we are notified by you and/or a Lawyer of a dispute, we may decide to investigate any grievances held by you or by the Lawyer and may discuss any such investigation with all the parties involved. We may take any lawful action we deem necessary in the event of a grievance, but likely outcomes of a grievance investigation include:
Save as provided above, we cannot be involved in any dispute you may have with a Lawyer and, in the event of such a dispute, you and/or your business (as applicable) hereby release us from any and all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Our Site may, from time to time, contain links to and from other websites. It is not possible for us to check all websites which are linked to from the Site (or link to the Site), and you should therefore take care when following any link. If you follow a link to any websites, please note that these websites may have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. We cannot accept liability for any loss or damage that may be suffered as a result of following any links from the Site.
You may request that we deactivate your Account by emailing us at [email protected]. In order to deactivate your Account, you cannot have any open Jobs. If you have any open Jobs, you must first complete these Jobs with your Lawyer and your Lawyer must list the Jobs as closed. If your Lawyer won’t close a Job, please contact us on [email protected].
On deactivation of your Account:
If you wish to reopen your Account, you should email us on [email protected] and we may reopen your account at out discretion.
You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Service and any part of it (the "Rights"), including the manner in which the Service is presented or appears and all information and documentation relating to it is our property (or that of our licensors), and nothing in the Terms shall be taken to transfer any of the Rights to you.
Solely for the purposes of receiving the Service, we hereby grant to you for the period during which the Service is provided a non-exclusive, non-transferable, licence to use the Rights.
You must not access (or attempt to access) the Site or Service by any means other than the interface provided, and you agree not use information from the Site or Site Services for any purposes other than the purposes for which it was made available. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of the Site or Services in any way for any public or commercial purpose without our prior written consent.
You must not attempt to reverse engineer, modify, adapt, translate, prepare derivative works from, decompile, attempt to interfere with the operation of, or otherwise attempt to derive source code from any part of the Site or Service unless expressly permitted by applicable law. You will not access our Site or Service in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Service.
Except as expressly stated in this Agreement, nothing in the Terms confers any license under any of MyLegalAdviser’s or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise.
MyLegalAdviser is not a law firm, and we do not provide any legal services or legal advice. No legal professional privilege therefore applies to any information you provide to us and no duty of confidentiality arises through use of the Site, including submitting an Enquiry. A legal professional privilege may (but will not necessarily) be formed through use of the Site between you and a Lawyer.
Whilst we make every attempt to ensure the information provided on our Site and via our Service is accurate, we cannot and do not guarantee or warrant the accuracy of such information. You agree not to hold us liable for any losses you may suffer as a result of, or arising from, any inaccuracy in information provided to you on our Site or via our Service.
Our Service is made available to you to assist you with identifying and determining the suitability of Lawyers for dealing with your Enquiry. Although we may generally suggest one or more Lawyers based on your Enquiry and provide you with Profiles of those Lawyers which contain Feedback, we do not make any kind of guarantee as to the legal ability, competence, or quality of the Lawyers who may be listed on the Site or suggested to you via our Service. You should in all cases make your own enquiries as to the suitability of any Lawyer for your particular Enquiry. You should not engage any Lawyer or make any payment on account or other payment to them without having conducted checks as to their suitability to your full satisfaction. While our hope is that you will be happy with every lawyer you find through our service, you should not engage any Lawyer if you have any doubts or concerns about them.
We cannot guarantee the accuracy, timeliness, completeness, performance or fitness for any particular purpose of the material available through the Service. We cannot accept responsibility for errors, omissions, or inaccurate material available through the Service, and make no warranty that the Service will be uninterrupted or error free, or that any defects will be corrected.
Whilst we take steps to prevent misuse of our systems, we cannot warrant that our Site or Service will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.
Notwithstanding any other provision, nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury caused by that party’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
If you are dissatisfied with our Site, Service or the Terms, your only remedy under the Terms shall be to discontinue use of MyLegalAdviser. Without limiting the preceding sentence, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
Other than as set out in this section, and notwithstanding any other provision of this Agreement, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any loss or damage whatsoever arising from or in any way connected with this agreement.
We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this agreement by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
In the event that any limitation or exclusion of liability in the Terms is not enforceable, then we shall not be liable to you for more than £500 in aggregate in respect of matters arising out of any individual Enquiry.
Each of the provisions in this section 22 shall be construed separately and independently of the others.
You agree to indemnify us against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by us in connection with any actual or threatened claims of any kind (including without limitation any claim of trademark or copyright infringement, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from your use of the Service.
We reserve the right at all times to edit, refuse to post, or to remove from our Site any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body (including the Solicitors Regulation Authority).
You agree that we retain, at our sole discretion, the right (but not the obligation) to suspend or close your account, cease to provide you with our Service and/or otherwise terminate or restrict your access to or use of the Site and our Service, immediately and without notice, for any reason, including, without limitation, if we believe that you have acted inconsistently with the letter or spirit of these Terms.
MyLegalAdviser reserves the right, at any time, to modify, suspend, or discontinue our Site or Service or any part thereof, without notice. You agree we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site, Service or any part thereof.
We reserve the right to vary the Terms from time to time and, on doing so, we will post updated copies on our Site and notify you in advance where we make any substantial changes which will significantly affect your rights or responsibilities under the Terms. If you do not agree to the changes made to the Terms then you have the right to stop using the Service, and should do so immediately. Your continued use of our Service after the date the changes have been posted will constitute acceptance of the amended Terms.
Clause headings are inserted for convenience only and shall not affect the interpretation of the Terms.
If any of the Terms are held to be illegal or unenforceable such provisions shall be severed and the rest of the Terms shall remain in full force and effect unless the business purpose of the Terms is substantially frustrated, in which case it shall terminate without giving rise to further liability.
You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without your consent.
No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
The Terms constitute the entire agreement as to your use of and our provision of our Service and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral. You acknowledge that you have placed no reliance on any representation made but not set out expressly in the Terms.
The Terms shall be subject to the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the English courts.
In the event of any comments or questions regarding the Terms, please contact us by e-mail at [email protected].