The services available at www.2ndopinionnow.co.uk referred to as a website owned and operated by 2ON Ltd (Company No: 08802069 whose registered office is at Clement Keys, 8 Calthorpe Road, Edgbaston, Birmingham, B15 1QT) hereinafter referred to as “A Company”, are provided to the consumer, hereinafter referred to as the “user” by the professional qualified lawyer hereinafter referred to as “Lawyer” in accordance with the terms and conditions set out herein. A recommended lawyer is a lawyer which the company recommends for the provision of legal advice in any specific area of law.
In consideration of the covenants specified below and on any official attachments and/or on the website itself, and the parties for themselves, their successors, and assigns mutually agree hereto:-
The company offers a user through its website the provision of opinions/advices from lawyers on the user’s particular legal problem.
2. User Assumes Responsibility/Lawyer Assumes Responsibility
The Company does not warrant the validity of accuracy or information submitted by users or the advice given by lawyers. The Company does not guarantee the quality of the work produced by lawyers who are already independently governed by their own professional body. The lawyer will be regulated by the Bar Counsel or the Solicitors Regulatory Authority.
3. Conduct – The user agrees to provide true and accurate information when using the site. The user may use another person’s email address or the name of another individual when using this site and agrees to notify the Company immediately of any unauthorized use of that email or any other breach of security. The Company will not be liable for any loss or damage arising from the user’s failure to comply. The user will use its own credit card facilities or debit facilities from the user’s own account and confirm that the user allow the company to deduct any fees for the provision of advices from the lawyers from that account. If the user uses a third party credit card and/or debit facilities, the user must have the third party consent to do so. The Company will not be liable for any loss or damage arising from this failure. The Company reserves the right to notify the Police in the event of any breach of such authorisation.
4. Disclaimer of user/lawyer relationship and Legal Representation
The use of this service is not intended to and does not create a lawyer/client relationship between the lawyer and the user. The lawyer will be providing a specific advice on the basis of the completed questionnaire completed by the user, however, this will be limited to that particular advice. The lawyer will be providing that advice on the basis of their own professional indemnity insurance and on the basis of their own professional standing. The establishment of any lawyer/client relationship must occur outside the scope of this service. If the user decides to follow the advice with a further conference to seek to instruct a lawyer recommended by the Company and/or enter into a lawyer//client relationship thereafter that will fall outside the ambit of this agreement. Any damages arising out of the relationship are not the responsibility of the Company and the Company is not liable for the same.
Because of the nature of the internet any and all information provided through this service is subject to interception by a third party. By continuing to use this service you hereby acknowledge that disclosure in this way of electronic communication sent through the service. The Company has no liability in respect of the same.
6. Disclosure of Information
The user hereby agrees that by releasing their name and email account to the lawyer that they acknowledge that they are willfully providing their name and contact details in an attempt to initiate an advice from the lawyer. Users understand that by accepting these terms and conditions that he/she agrees that the company and the site are not responsible for any legal advice or information given by the lawyer.
7. Sole discretion with user and lawyer
If following the provision of advice by the lawyer the user decides to follow up the advice with the instruction of a lawyer and/or by having a further conference with the lawyer to discuss the advice provided; and/or seeks to instruct a lawyer recommended; the user understands that by so
doing that they are not entering into any legally binding agreement with the Company. The Company will facilitate the provision of a conference and/or meeting with a recommended lawyer/ for the aforesaid conference by assisting with the payment for the conference by deducting sums in order using its Merchant Bank facility. The user understands that this is merely a facilitation to enable the conference to take place. The lawyer and/or recommended lawyer acknowledges that the user has a discretion as to whether or not to follow up an advice with a conference and/or whether to wish to use the company services for locating a suitable recommended lawyer who may be able to assist them in their matter. The user understands that even though a specific lawyer may be recommended by the company this is merely a recommendation and that the decision and selection of a lawyer to use for their matter following on from an advice would be down to the users own judgement.
8. Conflict checks
Lawyers bear sole responsibility for checking that the information upon which they are providing an advice upon is accurate and in accordance with the current law and also for checking for conflicts of interest between the user and other clients that they may have at the time. Conflict checks requires the user to provide their name and contact information and identity of any affiliated identities, opposing individuals and entities, and such other information that may exist the lawyer in being able to carry out the conflict checks.
Lawyers and the users release, acquit and forever discharge the Company, its Directors, Officers, employees and shareholders from any and/or claims, demands, losses, injuries, liability or damages of any kind and nature whether known or unknown, suspected or unsuspected disclosed or undisclosed arising out of or in any way connected with the service, any disclosure resulting from your use of the service, any conflict of interest, ethical violation, or any alleged malpractice arising out of any users use of the service or the lawyers provision of an advice or follow consultation and/or instruction of recommended lawyers.
10. Professional codes of conduct
The Company will at all times seek to do whatever possible to ensure that the codes of conduct set out by the Solicitors Regulatory Authority and the Bar Association, are met by its lawyers and recommended lawyers.
11. Our Rights
We reserve the right to at any time modify or withdraw, temporarily or permanently, the website or any part of it without notice to you and will not be liable to you in any way for any modification or withdrawal of the website. We also reserve the right to modify these terms without reference to you. We reserve the right at any time to refuse to process a transaction for any reason. We will not be liable to you or any third party by reason of our failure to process the transaction.
12. Age limitation
Users of our site must be 18 years or older. If you subscribe to our service or submit a question you are confirming this to be the case.
13. Copyright, trade mark and site content
You acknowledge and accept that all copyright, trademarks and all other intellectual property rights in all material or content provided as part of the website belong to us or the lawyer. You may download material from this site for your personal use only. No right, title or interest in any downloaded materials is transferred to you by such downloading. Any other use of the material and contents of the website is strictly prohibited and you agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material except with our written consent.
14. Our liability to you
While we will use all our endeavours to ensure that accuracy of any information placed on the website, we make no representations or give any warranties of any kind with respect to this site or its contents that we disclaim, all representations, except where fraudulently made and warranties. In addition we make no representations or warranties about the accuracy or the information contained on this website. The information provided to you in connection with the products is provided by the lawyers and you acknowledge that we have no liability whatsoever to you in respect of the accuracy of legal advice or information received by the lawyer. Where information is given to us by third parties there may be a time in keeping that information up to date. You should therefore check the accuracy of the information. The website may not cover all lawyers in the market. These disclaimers to not attempt to disclaim liability for matters that cannot be excluded under any applicable English Law. We make no warranty that the website will meet your requirements or will be uninterrupted, timely, secure, or error free that defects will be corrected or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the material. We will not be liable to you for any loss of content or material uploaded or transmitted through the website. We cannot guarantee that a lawyer will be able to deliver a service at any particular time. We do not accept any liability in the event of withdrawal of any offering or for rejection of your request by the lawyer for any reason whatsoever. Neither we, nor any of our Directors, agents or employees will be liable for damages arising out of or in connection with your use of our site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation, compensatory, direct or indirect or consequential damages, loss of data, income or profit, loss of damage to property and claims of third parties. We do not exclude any liability for death or personal injury resulting from our negligence or that any Directors, agents or employees.
In using our website we require that you abide by these terms. If you fail to abide by them, and this failure causes us to suffer a claim, action, liability or loss because of your failure to abide by these terms, you agree to indemnify us, on demand, for all costs, demands, claims and expenses, including legal fees which arise out of your failure to abide by these terms.
16. Third party links
In the event that there are third party links to the websites for your convenience you have acknowledged and agree that we are not responsible for the availability or functionality of such external sites, we do not endorse the content of any external sites and are not responsible or liable directly or indirectly for any loss however caused to by your use of any external site.
We shall not be liable to you where performance of any of our obligations to you is prevented, frustrated or impeded by any circumstances or caused beyond our control. If any part of these terms are found to be unenforceable as a matter of law, all of the parts of these terms shall not be affected and shall remain enforce. These terms shall be governed by and construed in accordance with the English Law and the English Courts, shall have jurisdiction of any disputes between us.
18. Blog Guidelines
The Company does not assume responsibility or liability for any contents posted by you or for any error, defamation, libel, slander, omission, falsehood obscenity, pornography, profanity, danger or inaccuracy contained in any information within such posts in the Blog.
If a complaint is made in relation to this matter then it will be responded to within 28 days of the same having been received by the Company. The Company will use its best endeavours to seek to resolve any complaint however, ultimately reserves the right to refuse the complaint made on the provision of the service.