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2ON STANDARD TERMS AND CONDITIONS
1. This is the website of 2ON LIMITED (Company Number 8802069) whose registered office is 4th Floor, 15 New Bridge Street, London, EC4V 6AU.
2. 2ndOpinionNow Solicitors and barristers is the trading name for 2ON Limited.
3. 2ndOpinionNow Solicitors and Barristers is a Solicitors practice which is regulated by the Solicitors Regulatory Authority.
4. Any barristers instructed by 2ndOpinionNow Solicitors and Barristers, are regulated by the Bar Standards Board.
5. The services available under this website are provided in accordance with the terms contained herein. By using the services available under this website you agree to the aforesaid terms and conditions herein
6. The terms and conditions and your use of this website are governed and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of the English Courts.
7. The information posted on the website in general and specifically in any specimen examples and/or advices; do not constitute advice on any specific legal or other professional matter.
8. 2ndOpinionNow Solicitors and Barristers do not enter into any express or implied conditions, warranties, terms or representations regarding the quality, accuracy or completeness of any information posted in the website.
USE OF WRITTEN BARRISTER ADVICE SERVICE
9. You as the user of the website may request a written barrister advice. Your submission of a request for such advice does not constitute a contract between you and 2ndOpinionNow Solicitors and Barristers but instead amounts to an offer by you consistent with a request for assistance.
10. 2ndOpinionNow Solicitors and Barristers may accept your offer but only once all of the conditions below are satisfied:-
a. You have provided all the relevant material capable of allowing a barrister advice to be prepared;
b. You have made a payment covering the cost of obtaining the barrister advice; and
c. 2ndOpinionNow Solicitors and Barristers are satisfied that there is no conflict of interest in acting; and
d. A barrister is prepared to provide the advice.
If all of the above criteria are satisfied 2ndOpinionNow will accept your offer by sending you an email (valid when sent) confirming a barrister has been instructed on your behalf. As soon as the offer has been accepted you agree that you would not be entitled to a refund as the barrister will have to be paid; in so doing you waive your rights in relation to any cooling off period.
11. If any of the criteria set out in section 10 above are not met or if at its complete discretion 2ndOpinionNow Solicitors and Barristers decides against acting, it will reject your offer and refund any monies paid less an administration charge of £10. In such an eventuality 2ndOpinionNow Solicitors and Barristers will not be under any obligation to provide an explanation as to why they have rejected your offer.
12. If during the course of a barrister preparing your advice, the barrister is unable for whatever reason to complete the advice; 2ndOpinionNow Solicitors and Barristers maintain the right to terminate the contract and provide a refund less an administration charge of £10. In such an event as above you accept that 2ndOpinionNow Solicitors and Barristers will not be liable for any loss caused in any form as a consequence of not having received a barrister’s advice.
13. Every barrister Advice provided will be by an independent barrister who will have their own professional indemnity insurance.
ACCURACY AND QUALITY OF BARRISTER ADVICE
14. Where 2ndOpinionNow Solicitors and Barristers instruct a barrister on your behalf, they do not by such instruction ensure the accuracy or quality of the barrister acting in their own independent professional capacity.
15. 2ndOpinionNow Solicitors and Barristers will not be liable for any negligent advice provided by a barrister and any such liability for 2ndOpinionNow Solicitors and Barristers is expressly excluded. You expressly agree that if a barrister provides negligent advice the sole cause or action for you will be against the barrister only.
16. You agree to provide true and accurate information when using the website and agree to use your own credit or debit card when making payment. You authorise 2ndOpinionNow Solicitors and Barristers to deduct payment for the provision of any advice in the express knowledge that if your offer requesting legal services if rejected your monies will be refunded less a £10 administration charge.
17. 2ndOpinionNow Solicitors and Barristers will not be liable for any loss or damage arising out of your failure in this regard.
18. 2ndOpinionNow Solicitors and Barristers reserve the right to notify the police in the event of any breach of such authorisation.
CONSUMER PROTECTION REGULATION
19. By making your offer to us, you are seeking to enter into a “distance contract by electronic means”. What this means is that if we accept your offer to seek advice from a Barrister, you would be protected by “The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013” hereafter referred to as the “2013 Regulation”.
20. Under the “2013 Regulations” you are entitled to know certain information in particular:-
(a) You are seeking a written legal advice from a Barrister;
(b) We as a regulated Solicitors firm would instruct a Barrister to provide that advice;
(c) Our contact details can be found on our “contact us” page of our website;
(d) The price for the written advice is fixed in accordance with your chosen area of law; Barrister grade and speed of the service; and VAT is added to the advice in accordance with the prevailing VAT rate;
(e) Your advice will be emailed to your email address and service will be deemed to have been effected once the advice email has been sent to you and not at the point of receipt.
(f) Once we have provided the written advice your contract will come to an end unless you seek to meet with your Barrister in a consultation, at which stage the contract will end once the consultation has been completed.
(g) Your rights to the normal cancellation period are specifically waived as you instruct us to obtain a written Barrister advice within 4 or 7 days. You expressly agree that once your offer has been accepted no cancellation can occur and the full fee will become due. Your rights to remove your offer before our acceptance remain.
AGREED FIXED FEE
21. If your offer to obtain a written Barrister advice is accepted you will have entered into a fixed fee agreement. The fee will not go up or down. Your card holder will deduct the cost of providing the advice from your card and at a time later pay the sum into our general account. The monies will then be used to pay the Barrister and our professional fees. At no time will the funds be held in our client account on trust for you. You expressly agree that the funds paid are for a fixed fee and are not held on trust for you.
INTENTIONAL DISCLOSURE OF INFORMATION
22. You authorise 2ndOpinionNow Solicitors and Barristers to forward details of your offer for legal services onto a pool of barristers so that a suitable barrister can be found who will be able to prepare your advice.
23. Although reasonable care is taken to ensure that the website and the materials from it are virus-free, 2ndOpinionNow Solicitors and Barristers cannot accept responsibility for any viruses which may affect any material you download.
24. 2ndOpinionNow Solicitors and Barristers cannot accept responsibility for unauthorised access by a third party and/or corruption of data. In supplying personal data you expressly accept the risks associates with unlawful interception of communications beyond the control of 2ndOpinionNow Solicitors and Barristers.
25. If you give us personal data you specifically confirm that you have read, understood and agreed to our obtaining, processing and disclosing that data.
FOLLOW ON CONFERENCE
26. Once you have obtained your barrister advice you may request a conference with the barrister. 2ndOpinionNow Solicitors and Barristers agree to assist you in obtaining this but only once you have provided your dates of availability and paid for the conference in advance. By making such payment you expressly agree that 2ndOpinionNow Solicitors and Barristers are not liable in any form including consequential loss of any form in for any reason the conference does not occur. Once you have made the payment and the conference has been confirmed (at the point at which confirmation is sent to you) you will not be entitled to a refund. At any point up to the conference being confirmed you can cancel the conference and obtain a refund less a £10 administration charge.
27. In agreeing to attend a conference you accept that it is your sole responsibility to make your way to the address or the conference at the time allotted.
USE OF DISCOUNTED MEMBERSHIP CODE
28. 2ndOpinionNow Solicitors and Barristers may from time to time at its complete discretion offer discounted services by way of a membership code. 2ndOpinionNow Solicitors and Barristers reserves the right to modify or withdraw, temporarily or permanently any discounted membership code without notice to you.
2NDOPINIONNOW SOLICITORS AND BARRISTERS RIGHTS
29. 2ndOpinionNow Solicitors and Barristers standard terms and conditions without reference to you.
30. 2ndOpinionNow Solicitors and Barristers reserves the right at any time to refuse to process a transaction for any reason; in so doing 2ndOpinionNow Solicitors and Barristers will not be liable.
31. 2ndOpinionNow Solicitors and Barristers exclude to the extent lawfully permitted all liability for loss or damage, whether direct, indirect or consequential (including, without limitation, loss suffered as a result of breach of these terms which is not a foreseeable consequence of the breach, lost profits, lost opportunity, lost business, loss of goodwill, loss of contracts, increased overheads or administrative expenses or management time) arising out of your use of or inability to use this website, or from any information or omission contained in this website.
32. You must be 16 years or older to request a barrister advice and/or to arrange a barrister consultation.
COPYRIGHT, TRADEMARK AND SITE CONTENT
33. 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 2ndOpinionNow Solicitors and Barristers. You may download material from the website for your personal use only. No right, title or interest in any downloaded materials is transferred to you. Any other use of the material and contents of the website are strictly prohibited. You agree not to copy, modify, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material except without 2ndOpinionNow Solicitors and Barristers written consent.
34. In using the website you are required to abide by these terms. If you fail to abide by them and this failure causes 2ndOpinionNow Solicitors and Barristers to suffer a claim, action, liability or loss because of your failure, you agree to indemnify 2ndOpinionNow Solicitors and Barristers on demand for all costs, demands, claims and expenses, including legal fees which arise.
35. Where 2ndOpinionNow Solicitors and Barristers make provision for an expedited written service they do so on the express understanding that such service may be withdrawn at any time if for any reason a barrister tasked with completing an advice within the prescribed time period is unable to do so, or for any other reason. Where such an eventuality occurs you agree that 2ndOpinionNow Solicitors and Barristers will not be liable for any loss arising from such a withdrawal.
THIRD PARTY LINKS
36. In the event that there are any third party links to the website provided for you convenience you acknowledge and agree that 2ndOpinionNow Solicitors and Barristers in not responsible for the availability or functionality of such external third party links and that 2ndOpinionNow Solicitors and Barristers does not endorse the content of any external sites and are not responsible or liable directly or indirectly for any loss however caused to you from your use of any external site.
37. 2ndOpinionNow Solicitors and Barristers shall not be liable to you where performance of any of 2ndOpinionNow Solicitors and Barristers obligations to you are prevented, frustrated or impeded by any circumstances or caused beyond 2ndOpinionNow Solicitors and Barristers 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 2ndOpinionNow Solicitors and Barristers and you.
38. 2ndOpinionNow Solicitors and Barristers 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.
39. If a complaint is made in relation to any matter then it will be responded to within 28 days of the same having been received by 2ndOpinionNow Solicitors and Barristers. 2ndOpinionNow Solicitors and Barristers 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.
40. 2ndOpinionNow Solicitors and Barristers is regulated by the Solicitors Regulatory Authority which is the independent regulatory body of the Law Society. The Legal Ombudsman is the independent complaints handling body of the Law Society. If your complaint is not satisfactorily resolved by 2ndOpinionNow Solicitors and Barristers you may contact the Legal Ombudsman or the Solicitors Regulatory Authority.