TERMS AND CONDITIONS

Effective Date: 01.02.2015

1. Introduction

   1. This website is owned and operated by Professional Reviews Ltd. Our company information is at the end of this document.
   2. Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future.
   3. These terms and conditions apply to all Users. The Addendum (at the end of these terms and conditions) contains additional terms which apply only to Solicitors. In the event of any conflict, the Addendum takes priority.
   
   

2. Definitions

   1. Capitalised terms have the following meanings in these terms and conditions:
      1. “Advertisements” - all promotions on our Service of any kind including Solicitor listings and banner and other advertisements.
      2. “Consumer” - a natural person acting outside his or her trade, business or profession.
      3. “Content” - all information of whatever kind (including Advertisements, forum posts, messages, Reviews etc), published, stored or sent on or in connection with our Service.
      4. “Review” - any review, comment or rating.
      5. “Service” – our website, the services we offer by means of our website and any related software and services.
      6. “Solicitor” - a User who uses our Service in the capacity of a solicitor.
      7. “User” - all persons or entities who use our Service (whether or not registered with us).

3. Changes to the terms and conditions

   1. We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.
   
   

4. Use of our Service

   1. We grant Users a limited personal right to use our Service subject to these terms and conditions.
   2. You are not eligible for, and must not use or register on, our Service if you are below the legal age to form a binding contract with us unless you have the consent of, and only use the Service under the supervision of, your parent or guardian.
   3. We reserve the right in our discretion to refuse any application to become a User. You only become a User when you receive email confirmation from us.
   4. You agree that you will not in connection with the Service:
      1. breach any applicable law, regulation or code of conduct or infringe any intellectual property or other rights of others;
      2. publish or send any Content (including links or references to other content), or otherwise behave in a manner, which is threatening, harassing, invasive of privacy, defamatory, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, abusive or deceptive or which involves phishing or scamming or which we otherwise consider to be inappropriate;
      3. publish or send any Content which involves revealing any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
      4. publish or send any Content which links to any third party websites which are illegal or contain inappropriate Content;
      5. sell access to the Service;
      6. sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
      7. use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
      8. do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
      9. do anything which may negatively affect other Users’ enjoyment of the Service;
      10. gain unauthorised access to any part of the Service or equipment used to provide the Service;
      11. use any automated means to interact with our systems excluding public search engines; or
      12. attempt, encourage or assist any of the above.

   5. You must comply with any guidelines or requirements on our website.
   6. You must promptly comply with any reasonable request or instruction by us in connection with the Service.
   7. We are entitled to impose and/or change limitations on usage of our Service, for example in relation to bandwidth.
   
   

5. Your Content

   1. You are responsible for your Content.
   2. You must ensure that your Content (including Content supplied to us and Content displayed on our Service) is accurate and not misleading and you will update it so that it remains so.
   3. If you post a Review, you promise that you have no personal or business relationship with the entity, product or service being reviewed, that you are not a competitor of that entity, that have not been offered any incentive to write the Review and that the Review is your independent, honest, genuine opinion. You acknowledge that we allow the reviewed party a right of reply and that, if you are a client reviewing a solicitor, you waive any duty of confidentiality owed by the solicitor to the extent necessary to enable the solicitor to reasonably exercise such right to reply.
   4. You promise to us that you have (and will retain) all rights and permissions needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
   5. If you use any features on our site which enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites.
   6. We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
   7. We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
   8. It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
   9. We reserve the right to place advertisements adjacent to your Content. We retain all revenue from such advertisements.
   
   

6. Content of other Users

   1. We do not endorse or recommend any Advertisements, Reviews or other Content. You rely on such information at your own risk.
   2. We do not verify Advertisements. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. We do not accept legal responsibility for the accuracy of, or otherwise in relation to, any Advertisement or in connection with any consequent communications or transactions with third parties or with use by third parties of the information comprised within any Advertisement or related enquiry.
   3. If you deal with any Solicitor, please note that any consequent contract for legal or other Services is between you and the Solicitor concerned. You acknowledge that any legal recourse in connection with such transactions is against the Solicitor and not us. Please direct any queries or complaints to the Solicitor.
   4. You acknowledge that in using the Service you may be exposed to offensive or other inappropriate Content or behaviour. If so, you must notify us immediately, sending an email to [email protected] or click on the “Report to admin” link next to any review. We are under no obligation to enter into dialogue on the receipt of a complaint, nor are we obliged to act on every complaint received or to advise you of any action we do decide to take. All complaints must clearly explain the reason for complaint.
   5. We do not guarantee that Solicitors will respond to enquiries made via our Service (including legal questions and quote requests) within any particular timeframe or at all. If your enquiry is urgent, it is your responsibility to make direct contact with a Solicitor.
   
   

7. Guidance on our site

   1. Any guidance or similar information which we ourselves make available on our Service is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

8. Security

   1. Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
   
   

9. Suspension / cancellation

   1. You may at any time cancel this agreement (including any subscription) by following the instructions on our Service. A request for cancellation under this clause does not give rise to any refund.
   2. If you are not currently a subscriber, we are entitled at any time to cancel this agreement without cause by giving you email notice.
   3. We are entitled at any time cancel this agreement without refund if we terminate our Service as a whole by giving you email notice.
   4. We are entitled at any time to cancel this agreement (with or without notice) or suspend part or all of our Service if we have reason to believe that you have breached our terms and conditions or it is necessary to protect us or others or if we are required to do so by law or appropriate authority. There will be no refund of any subscription.
   5. Following cancellation of this agreement: Your right to use our Service is terminated. Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of cancellation.
   6. We cannot be held legally responsible for loss or damage resulting from cancellation of this agreement provided we act in accordance with this agreement.
   
   

10. Suspension / cancellation

    1. We do not guarantee that the Service will be uninterrupted or error-free.
    2. We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason.
    
    

11. Liability

    1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
    2. You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
    3. Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
       1. there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
       2. such loss or damage was not reasonably foreseeable by both parties;
       3. such loss or damage is caused by you, for example by not complying with this agreement; or
       4. such loss or damage relates to a business.
    4. Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
    5. The following clauses apply only if you are not a Consumer:
       1. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
       2. Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the total fees payable by you in the 12 months before the event(s) complained of.
       3. In no event (including our own negligence) will we be liable for any:
          1. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
          2. loss of goodwill or reputation;
          3. special, indirect or consequential losses; or
          4. damage to or loss of data.
          (even if we have been advised of the possibility of such losses).
       4. You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
       5. This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
    
    

12. Intellectual property rights

    1. All trade marks, logos, Content, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners or other Users. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
    2. For the avoidance of doubt you may not collect, scrape or harvest any Content on our Service or deep-link to or frame Content on our Service without our specific prior written consent.
    3. If you publish any Content on our Service, you grant us a worldwide, perpetual, non- exclusive, transferable (with right to sub-license), royalty-free licence to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, on our own Service, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our Service. You waive your moral rights in relation to such Content to the extent legally permitted. You also grant each User a licence to use your Content to the extent expressly permitted by these terms and conditions.
    
    

13. Privacy

    1. You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
    
    

14. Third party websites

    1. We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.
    
    

15. “Act of God”

    1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
    
    

16. Transfer

    1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
    
    

17. English law

    1. These terms and conditions shall be governed by Australian law and any disputes will be decided only by the courts of the Australia.
    
    

18. General

    1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
    
    

19. Complaints

    1. If you have any complaints, please contact us via the contact details shown on our website or write to us at our trading address below.
    
    

20. Company information

    1. Company name: Professional Reviews Ltd
    2. Country of incorporation: England and Wales.
    3. Registered number: 8738729
    4. Registered office: 145-157 St John St, London EC1V 4PW
    5. Trading address: 23 Golf Close, Nottingham, NG68YZ
    6. Other contact information: See our website.
    
    

ADDENDUM APPLICABLE ONLY TO SOLICITORS

21. General

    1. Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
    2. You are only eligible to join our site as a Solicitor if you are a member of the roll of solicitors maintained by the relevant authority in Australian Captial Territory, New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Victoria or Western Australia respectively (unless we have expressly waived this requirement in writing). You will inform us promptly if you are removed from the roll of Solicitors or if there is any other material change in your status.
    3. We reserve the right in our discretion without giving reasons to refuse any application to join as our Service as a Solicitor.
    4. You promise to respond promptly to any enquiries which you receive via our Service.
    5. If you provide a fixed-price quote through our Service, you promise to abide by that quote.
    6. You promise that, in connection with the supply of services to a User, you will:
       1. do so with a high degree of professionalism and in accordance with the highest industry standards; and
       2. comply with all applicable laws, regulations and codes of conduct.
    
    

22. Your Advertisement

    1. We reserve the right in our discretion without notice to edit the text or layout of Advertisements or to locate or relocate Advertisements on our Service in order to ensure that your Advertisement complies with our terms and conditions and otherwise to the extent that we think fit (provided that you achieve prominence which is broadly equivalent to what we offer for your particular package).
    2. You must ensure that your Advertisement is accurate and up to date, not misleading, that it complies with all applicable laws, regulations and codes of conduct and that it does not infringe any third party intellectual property or other rights. Also, your Advertisement must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or otherwise inappropriate.
    3. We do not guarantee that your Advertisement will generate any particular level of revenues or suitable enquiries.
    4. We reserve the right to irretrievably delete your Advertisement following expiration of your subscription or on termination or cancellation of this agreement.
    
    

23. Payment for Advertisements

    1. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance.
    2. Prices exclude VAT unless otherwise stated.
    3. You are legally committed to pay for your subscription once we confirm your order.
    4. Where specified on the payment page of our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you cancel before the renewal date by following the instructions on our Service.
    5. We may at any time change our subscription prices. The new rate takes effect if you apply for or renew a subscription after we post the new prices on our Service. For existing subscribers, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should cancel your subscription as explained above. Otherwise the next renewal of your subscription after the one month’s notice will be at the new price.
    6. We may also charge for Advertisements on the basis of clicks, impressions, leads or other events (“Event”) or in some other way. In the case of “pay per click” Advertisements, a click means all clicks by a unique user on an Advertisement over a 24 hour period. In the case of CPM Advertisements, an impression means a single instance of an advertisement being displayed. You acknowledge that our tracking records shall be conclusive as to the occurrence of any Event.
    7. We may require payment of a deposit as a security for performance of your obligations. If so:
       1. We may deduct from the deposit the amount of any fees invoiced to you.
       2. We shall not pay interest on any deposit.
       3. It is your responsibility to top up the deposit so that there is sufficient credit to pay fees. We reserve the right to suspend or remove any or all of your Advertisements if we consider that there are insufficient monies on deposit to pay the fees.
       4. The deposit shall be non-refundable.
    8. Invoices (other than for subscriptions payable in advance) must be paid within whatever period is specified on the invoice or, if none, 14 days. You must make all payments without any set-off, counterclaim or any other deduction. Time shall be of the essence for all payments under this Agreement.
    9. You must contact us immediately with full details if you dispute any payment.
    10. If any amount due to us is unpaid or unjustifiably charged back, we may:
        1. charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998;
        2. suspend our Service and/or suspend or remove any or all of your Advertisements; and/or
        3. cancel this agreement on written notice (including email).
    
    

24. Reviews

    1. You acknowledge that we permit Users to post Reviews in relation to you and/or your services and that these will be publicly available for viewing and will remain so following cancellation of this agreement. We are not responsible for monitoring or editing Reviews. You acknowledge that such Reviews may be critical or defamatory of you. We offer you a reasonable right of reply. It your responsibility to ensure that any reply you do post complies with any duty of confidentiality which is applicable to you.
    2. If you opt for the part of our Service whereby we automatically publish certain categories of Reviews (e.g. four-star and five-star) to your Facebook, Twitter pages and/or other online locations specified by you, you acknowledge that we do not monitor such Reviews before publishing and that our system will automatically publish all Reviews with the relevant category irrespective of their content.