Terms of Use

IMPORTANT – THIS LEGAL NOTICE SETS OUT THE TERMS ON WHICH YOU USE THIS WEBSITE AND OTHER IMPORTANT INFORMATION ABOUT THE SERVICES WHICH MEMERY CRYSTAL PROVIDES

“Memery Crystal” is the trading name of Memery Crystal LLP (the “Firm”). Memery Crystal LLP is a law firm located in London, practising English law. The Firm is a limited liability partnership incorporated in England under OC 318258. Registered VAT number GB342175964. A list of members is open to inspection at the Firm’s registered office at 44 Southampton Buildings, London WC2A 1AP. All members are solicitors. Whilst the Firm may refer to its members as “partners” in order to designate their seniority, the members are not practising in general partnership. The expressions “we”, “us” and “our” refer to the Firm.

The Firm is registered under the Data Protection Act 1998 (with registration number Z5749422) having notified its processing of personal data to the Information Commissioner. We only collect personal data via this Website when you contact us to request further information about our legal services or if you apply for a position with the Firm.

Please read this legal notice carefully together with our Cookies Policy as they govern the Firm’s relationship with you in relation to this Website. The Website to which this legal notice applies is www.memerycrystal.com.

1. Introduction

1.1 By accessing any part of this Website, you shall be deemed to have accepted this legal notice and the Cookies Policy (collectively, the “Legal Notices”) in full. If you do not accept the Legal Notices in full, you must leave this Website immediately.

1.2 We may revise the Legal Notices at any time by updating this posting. You should check this Website from time to time to review the then current Legal Notices, because they are binding on you. Certain provisions of the Legal Notices may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

2. Regulatory Information

Insurance

2.1 The Firm maintains professional indemnity insurance as required by the current SRA Indemnity Insurance Rules. That insurance is with Zurich International PLC of 3 Minster Court, Mincing Lane, London EC3R 7DD and provides worldwide cover for legal services provided by the Firm.

Further Information and Complaints

2.2 Our aim is to provide a legal service of the highest quality.  If you are dissatisfied with our work, or wish to make a complaint, you should raise it as soon as possible with the partner responsible for the work concerned in the first instance.  If your complaint relates to that partner, or remains unresolved after discussion with that partner, you should contact our Client Care Partner, Alex Read.  A copy of our complaints handling procedure is available on request.  We make every effort to deal with and resolve any complaint as quickly as possible.

2.3 If you are dealing with us as a private individual or are a very small business, charity, club or trust you may be entitled to ask the Legal Ombudsman to resolve your complaint if you are not satisfied with our handling of your complaint or if your complaint has not been resolved within eight weeks.  Normally you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us about your complaint or within six years of the occurrence of the act or omission about which you are complaining (or, if outside of this period, within three years of when you should reasonably have been aware of it). You can check if the Legal Ombudsman is able to assist you by telephoning 0300 555 0333 or you can visit their website at www.legalombudsman.org.uk.

2.4 If your concern relates to a bill then you may have the right to apply to the Court for an assessment of the bill under Part III of the Solicitors Act 1974.  Please note that the Legal Ombudsman may decide not to consider any complaint you may have about a bill which has already been referred to the Court for assessment.

Interest on Money Held for Clients

2.5 Any of your money which we hold for you, for whatever reason, will be held in a bank account, separate from our own money, in accordance with the SRA Accounts Rules.  We will account to you for interest on this money in accordance with the current SRA Accounts Rules.

Solicitors Regulation Authority

2.6 The Firm is regulated and authorised by the Solicitors Regulation Authority (SRA) and governed by the SRA Handbook (http://www.sra.org.uk/solicitors/handbook/intro/content.page).

2.7 The Law Society of England and Wales is the designated professional body for the purposes of the Financial Services and Market Act 2000 (see below) but responsibility for regulation and complaints handling has been separated from the Law Society’s representative function. The SRA is the independent regulatory body and the Legal Ombudsman is the independent complaints handling body.

Financial Services and Markets Act 2000

2.8 This Firm is not authorised under the Financial Services and Markets Act 2000 to provide financial services and products. As we are regulated by the Solicitors Regulation Authority, we can offer or provide certain financial investment services to our clients if incidental to the legal services being provided.

3. Licence and Your Use of the Website

3.1 You agree that you shall not use this Website for illegal purposes, and will respect all applicable laws and regulations and will not use this Website in a manner which infringes the rights (including intellectual property rights) of us or any third party.  You agree not to use this Website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of this Website or restrict or inhibit the use of this Website by any third party.  You also agree not to compromise the security of this Website (for example, by failing to keep confidential any password or other identifying information with which you are provided as part of our security procedures) or attempt to gain unauthorised access to secured areas or sensitive information.

3.2 You are permitted to print and download extracts from this Website for your personal, non-commercial use on the following basis:

(a) no documents or related graphics on this Website are modified in any way;

(b) no graphics on this Website are used separately from accompanying text; and

(c) the Firm’s copyright notice and a permission notice appear in all copies.

3.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Firm or its licensors – © Memery Crystal LLP 2013. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 3.2 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

3.4 Subject to paragraph 3.2, no part of this Website may be (i) distributed or copied for any commercial purpose; or (ii) reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Firm’s prior written permission.

3.5 Any rights not expressly granted in this legal notice are reserved.

4. Trademarks

We expressly reserve all rights in and to the www.memerycrystal.com domain name and all related domains, the name “Memery Crystal”, our logos, and/or trademarks. Other trademarks, products and company names mentioned on the website may be trademarks of their respective owners and the rights in these trademarks are reserved to their respective owners.

5. Links to and from other websites

5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Firm has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content. The Firm therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

5.2 If you would like to link to this Website, you may only do so with our express prior written consent and on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(a) you acknowledge Memery Crystal and the website www.memerycrystal.com as the source of such copied material;

(b) you do not remove, distort or otherwise alter the size or appearance of the “Memery Crystal” logo or our other logos;

(c) you do not create a frame or any other browser or border environment around this Website;

(d) you do not in any way imply that the Firm is endorsing any products or services other than its own;

(e) you do not misrepresent your relationship with the Firm nor present any other false information about the Firm;

(f) you do not otherwise use any of the Firm’s trade marks displayed on this Website without express written permission from the Firm;

(g) you do not link from a website that is not owned by you; and

(h) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

5.3 The Firm expressly reserves the right to revoke the rights granted in paragraph 5.2 for breach of this legal notice and to take any action it deems appropriate.

5.4 You shall fully indemnify the Firm for any loss or damage suffered by the Firm for breach of paragraph 5.2.

6. Disclaimer

6.1 The information and opinions contained on this Website are for general information purposes and do not and are not intended to constitute legal advice or other professional advice and shall not be relied on or treated as a substitute for advice relevant to particular circumstances. By using this Website you confirm that you have not relied on its content.

6.2 While the Firm endeavours to ensure that the material on this Website is correct, the Firm makes no representations, warranties or undertakings as to the quality, accuracy and/or completeness of the material on this Website. The Firm may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Firm makes no commitment to update such material.  If you wish to find out more about the material on this Website, please contact one of the Firm’s partners.

6.3 The material on this Website is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Firm provides you with access to this Website (and the materials thereon) on the basis that the Firm excludes all representations, warranties, conditions, undertakings and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

6.4 If the need arises, the Firm may suspend or restrict access to the Website (for example, to carry out maintenance or for security reasons).  We will not be liable if for any reason this Website is unavailable at any time or for any period.

7. Liability

7.1 The Firm and any other party (whether or not involved in creating, producing, maintaining or delivering this Website), exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, business, use of money, anticipated savings or loss or damages arising from or connected in any way to business interruption or wasted management or office time and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website or any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

7.2 Nothing in this legal notice shall exclude or limit the Firm’s liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

7.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

8. Governing law and jurisdiction

This legal notice shall be governed by and construed in accordance with English law. Disputes or claims (including non-contractual disputes or claims) arising out of or in connection with this legal notice or its subject matter shall be subject to the exclusive jurisdiction of the English courts.

9. Contact us

If you have concerns or queries about the material which appears on our Website, please contact our Marketing Department on +44 (0)20 7242 5905.

Issue Date: 2 September 2013