TERMS AND CONDITIONS

Subscribing to lawwwdiary
lawwwdiary.co.uk (“the LD Site”) is operated by lawwwdiary limited registered office is situated at Summit House, Alma Park, Grantham, Lincs. NG31 9SP. lawwwdiary.co.uk is a restricted access Web Site which assists subscribing persons, firms, companies and other commercial entities (“Subscribers”) to better manage their allocation of Barristers and Solicitors to Court by advertising their availability on a daily basis. The LD site helps subscribers to save their time and money by eliminating wasteful and time consuming telephone calls, whilst promoting their own services to other subscribers. The LD Site is intended for Barristers, their Chambers and Clerks, Solicitors, Government Departments and all those involved within the Legal Profession of England & Wales.
These terms and conditions
Before you subscribe to the LD Site you must read these Subscriber Terms and Conditions carefully as they govern your use of the LD Site and define the agreement between you and us. We may make alterations to these Subscriber Terms and Conditions at any time and these variations shall become effective immediately upon being accessible from the LD Site. Your continued use the LD Site shall be conclusive of your unqualified acceptance of the varied terms.
Subscription Form
Upon receipt of a properly completed and signed Subscription Form we shall confirm to you by e-mail your login details to enable you to access the LD Site. Please note that these terms and conditions will apply to your use of the LD Site at all times. If you would like to become a Subscriber, we shall either invoice you for the appropriate amount and ask you to provide a [cheque/standing order/direct debit] mandate for the cost per month (“Monthly Fee”) in the name of lawwwdiary limited, or you can pay your subscription online by signing up for payment via Credit Card, and your access to the LD Site will be continued. The Monthly Fee(s) shall be the fees as published on the LD Web Site from time to time. Your subscription shall only last for as long as you pay your Monthly Fee(s), which may be subject to increases as advertised on the LD Site. In the event of an increase in Monthly Fee(s), you agree to give any necessary instructions to your bank in this respect. Your subscription will automatically be renewed each month for the term on receipt of your next Monthly Fee(s) at least two weeks before the beginning of the next subscription month.
After we have confirmed your subscription:
You will be able to access your individual Subscriber Diary, which we require you to complete on a daily basis or as often as necessary to keep the information up to date and accurate and submit to us by as directed on the LD Site. You will also be able to view/search the LD site. On receiving your Subscriber Diary we will merge your information onto the main LD Site in a form that we determine is appropriate. If your Subscriber Diary is not in a form suitable to be put onto the LD Site and complying with the Guidelines we will endeavour to contact you to remedy the problem and reserve the right not to display any information in our discretion. We shall only publish your Subscriber Diary and/or allow you to view/search the LD site for as long as you pay your subscription Fee(s).
Your rights as a Subscriber
As a Subscriber and subject to these terms you will: Be allowed to access the LD Site via your login details access, copy, download, use, display and print the data, information, writing or material contained on or within the LD Site (“Content”) on a single computer in your primary possession solely for the purposes of your normal use in providing legal services to your clients; Submit your Subscriber Diary for publication on the LD Site and/or view/search the LD site;
You are not granted any rights to:
permit anyone else to use your login details to access the LD Site under any circumstances or pass on any information from the LD site to any none subscriber other than the LD web site address; permit part-time or temporary staff to access the LD Site; sub-licence or assign in any way whatsoever your rights hereunder; maintain access to the LD Site on more than one modem at any given time unless expressly authorised by us in writing; use the LD Site and the Content for any purpose other than in the normal course of your business; display, publish, copy, print, post or otherwise use the LD Site and the Content or any part thereof for the benefit of any other Web Site or publication without our prior written consent; provide or help others to provide services substantially similar to ours; copy, supply or publish the Content to any other person, firm, company or other commercial entity other than a fellow Subscriber; process or otherwise use the Content or the LD Site for any illegal or immoral purpose nor use or process the same unfairly; use any of our trade marks, copyright or any other intellectual property right belonging to us other than is necessary for your permitted use of the LD Site; include any meta-tags (hidden words designed to be picked up by Internet search engines) within your Subscriber Diary.
Your Obligations
As a Subscriber you agree and undertake to us: that you own copyright, trade marks and all other intellectual property in your Subscriber Diary and publication of it will not infringe any third party rights; that you will ensure that all information that you insert into your Subscriber Diary shall be accurate and that you will endeavour to keep it up to date on at least a daily basis; that you will comply in all respects with all relevant laws, such as the Data Protection Act and equivalent legislation, in relation to the use and processing of Content and any data that you obtain via the LD Site or your contacts made through it; to unequivocally and irrevocably grant to us the full right and licence to use, modify, store, process, disclose, supply and otherwise deal in any way whatsoever with any and all Content provided by you to us including your Subscriber Diary; to co-operate with and act in good faith towards us; to pass on to us any feedback that you may receive from any source in relation to the LD Site by e-mail us at support@lawwwdiary.co.uk or by telephone on 0845 055 1950. to be responsible for obtaining your telephone access lines, telephone and computer equipment and other access devices, required to access the LD Site via the Internet and all associated costs; except on an ad hoc basis in relation to work carried out for clients or in relation to negotiations with contacts made through the LD Site to treat all Content contained on or within the LD Site as secret and confidential and not at any time for any reason disclose or permit to be disclosed Content to any non-subscribing person including your subsidiary or associated companies; that you will not pass on any Content or general information gleaned from the LD Site to publications such as newspapers, magazines, newsletters, broadcast companies, Internet content companies or any other publishing organisation without our prior written consent; that you will keep your login details secure and will co-operate with us in any way that we reasonably request to keep the LD Site secure and operational.
Our promises:
We will provide you with lawwwdiary.co.uk and account login details on becoming a Subscriber; and We will use reasonable endeavours to display the information contained in your Subscriber Diary (where applicable) and make the LD Site available to you upon entry by you of a password and username not less than [90%] of the time. We will provide you with reasonable technical support during normal working hours via telephone helpdesk on 0845 055 1950.
Intellectual Property:
Unless otherwise stated, all names, designs, logos, titles, text, images, audio, video, software or other Content are protected by copyright and other intellectual property rights belonging to us, our affiliates or licensors and all such rights are hereby asserted and reserved. Subject to the “Your rights as a Subscriber” section above, nothing contained in the LD Site shall be construed as granting any licence to use any such rights without our prior written consent.
Warranties, Liability and Indemnity
We maintain the LD Site for your information on an “as is” basis and cannot give you any warranties in connection with the LD Site. Accordingly, to the maximum extent permitted by law and without limiting our liability for death or personal injury caused by our negligence, we exclude all representations, warranties, conditions and other terms (including without limitation conditions implied by law as to satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this notice would have effect in relation to the LD Site. We exclude all responsibility for any amount or kind of loss or damage due to viruses that may infect your computer equipment, software, data or other property caused by your access to, use of or browsing the LD Site or your downloading of any Content or any sites linked to the LD Site. We, any other party (whether or not involved in creating, producing, maintaining or delivering the Site) and the officers, directors, employees, shareholders or agents of any of them shall not be liable in connection with the LD Site in any way for any loss, damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss or damages. You agree to fully indemnify us and our officers, directors, employees, agents and licensees in full against all claims whatsoever arising from your use of the LD Site and the Content that you provide by your Subscriber Diary or otherwise, including without limitation direct, indirect or consequential liability (including loss of profit), loss, damages, injury, claims, costs and expenses (including management and legal expenses) awarded against or incurred or paid by us including in connection with: a) breach of any of your warranties set out above; b) your misuse of the Content or the LD Site and any information that you receive in this connection; c) any infringement or alleged infringement of any intellectual property right of whatever nature subsisting in any part of the world or other rights whatsoever of any other person arising in connection with the display of any of your Subscriber Diary on the LD Site; d) any act or omission by you or your employees, agents or sub-contractors in connection with the performance of your services; e) any errors, inaccuracies or omissions in the information provided by you to us whether or not such information has been checked by us.
Your linking to other sites is at your own risk.
Accounts and Login details
You are entirely responsible for the use of your Subscribers’ account and your login details by any person and for ensuring full compliance with this agreement by all users of that account and in the event of a breach of security through your account, you will be liable for any unauthorised use of the LD Site. You warrant that you will use your best endeavours to keep your login details safe and confidential. We reserve the right to change your login details at any time without giving reasons and where we do so we shall advise you of such change in good time to ensure your continuity of access to the LD Site.
Editorial freedom
You agree that you have no right to object to or restrict our editorial freedom relating to any Content or any content on the LD Site, or which we allow other Subscribers or other visitors to the LD Site to contribute.
Personal Information
For purposes of contacting you, identification, billing and marketing, you must provide us with accurate, complete, and updated information to register for the LD Site ("Subscriber Registration Data"). The Subscriber Registration Data shall include your name, main office, address and telephone number(s). You must notify us within 7 working days of any changes in your Subscriber Registration Data. If you do not keep your details up to date, you shall not be able to receive ad hoc communication from us: the onus is on you to ensure that communications can reach you.
We are registered under the Data Protection Act 1998. If you provide information about yourself, we will collect that information for our own use to improve our services. We may also use the information or parts of it to occasionally notify you about our events or related activities that you may find useful. In addition, we may also pass on the information to suitable third parties. By subscribing to the LD Site you are agreeing to such use and processing of your information. If you believe that we are storing details relating to you and that these are incorrect, please contact support@lawwwdiary.co.uk and the information will be corrected as soon as possible or removed from our database as you request.
Termination
We shall be entitled to immediately restrict, suspend or terminate without notice, the display of your Subscriber Diary on the LD Site and your access to and use of the LD Site upon your breach of any part these terms and conditions including without limitation the non-payment of any sums as and when they fall due and if we do so, we shall not be obliged to refund any fees already paid by you. We may also terminate this agreement for any reason on written notice to you. Where we do so, we shall refund to you on a pro-rata basis any Monthly Fees relating to any terminated period for which you have already paid. Termination will not affect your obligations, warranties and indemnities given in this agreement. You may terminate your subscription at any time and we shall stop displaying your Subscriber Web-pages within 7 days of you asking us to for whatever reason, but you will not be entitled to a refund of any Monthly Fees paid.
General
This agreement constitutes the entire agreement between you and us with respect to the LD Site and supersedes all prior agreements between you and us. If we do not enforce any provision of this agreement such will not be considered a waiver of any provision or right. In the event that any part of these terms and conditions is held to be unenforceable, such part will at our option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect. You agree that we are not an agent and will not at any time be the agent of you, any Subscriber, other visitors or any third party to any transaction entered into by you subsequent to your use of the LD Site. All contracts, agreements and transactions will be concluded independently of us. We will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God. These Terms and Conditions are made and shall be construed in accordance with the laws of England and you and we submit to the non-exclusive jurisdiction of the English courts.