1. Introduction
1.1 'Legal Choices reference group' ('the App') is an app provided by legal regulators. These are:
- The Solicitors Regulation Authority
- The Intellectual Property Regulation Board
- The Costs Lawyer Standards Board
- The Council for Licensed Conveyancers
- CILEx Regulation
- The Faculty Office
- Institute of Chartered Accountants in England and Wales
1.2 You should read and understand these terms and conditions as anyone who uses this app ('a user / users') agrees to be bound by them. If you don't wish to be bound by these terms and conditions you should not use or install the App.
1.3 We may make changes to these terms and conditions at any time and we will update this page when we do. When such changes appear on the App's 'Terms & Conditions' page they take immediate effect. As a user of the App, you are responsible for making sure you are aware of these by checking for any changes regularly. If you continue to use the App after changes to the terms and conditions have been published, you accept any such changes.
2. What the App does
2.1 The App enables us to ask questions to users and collate the response data. The answers will help us to provide factual information to members of the public via legalchoices.org.uk about legal advisers, legal services, and regulators as they apply to the law in England and Wales.
3. Using our App
3.1 In return for complying with these Conditions, you may download a copy of the App (including upgrades and releases) to your devices for the purpose of;
(a) answering certain survey questions (“Questions”); and
(b) viewing the information contained within the App, including our reports on responses ("App Content") for your personal, non-commercial purposes only.
No content from the App may be republished, transmitted, stored, posted, sold, distributed or modified.
3.2 You must answer the questions honestly and to the best of your knowledge.
3.3 We are giving you personally the right to use the App on a non-exclusive basis. You may not transfer the App to someone else. You must not register under someone else’s name.
3.4 No one under 18 may use the App.
3.5 When you provide your answers to Questions, you authorise and direct us to make such copies of your answers as we consider necessary to plan content for the Legal Choices website or facilitate the publication, display and storage of those answers as part of the App Content. Your answers will be anonymised, so your identity cannot be revealed by your answers unless specifically identified within a question.
3.5.1 Any answers appearing on published materials that arise from surveys conducted via the App are the opinions of those answering them and in no way reflect our opinions or attitudes.
3.6 Where your answers are used or stored by us in a way that your identity is not revealed, you grant to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose on or in connection with the Legal Choices website or the promotion of it, to prepare derivative works of, or incorporate into other works, such content.
3.7 Where your answers are used or stored by us in a way that your identity might be revealed, you grant to us the same licence as in Clause 3.6, except that it is also subject to your continuing consent and the terms of our Privacy Policy. You may withdraw your consent at any time, in which case the license granted in this Clause 3.7 will automatically expire and we will cease using or storing your answers in any way that your identity might be revealed.
3.8 You shall comply with all of our reasonable instructions relating to the App. We may, at our sole discretion, provide upgrades and new releases of the App from time to time.
3.9 You are responsible for the use of the App on your device. You shall promptly notify us if you become aware of any unauthorised access to or use of the App or App Content, and provide all reasonable assistance to bring an end to such unauthorised access or use.
3.10 No user will;
- post material that infringes the rights of others (including intellectual property rights),
- post anything unlawful, obscene, threatening, defamatory, harassing, abusive, hateful, or embarrassing to any other person or organisation,
- post information or comments that name or otherwise explicitly identify any individual person or organisation,
- impersonate another person,
- hold multiple accounts,
- allow any person or organisation to use your identification to answer questions.
4. App Availability
4.1 We shall use reasonable endeavours to make the access to and use of the App available at all times, but you acknowledge that there may be occasions when access to and use of the App may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
4.2 We reserve the right to remove any content or features from the App for any reason, without prior notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.
4.3 Each party is responsible for any telecommunications charges, subscriptions or other charges payable for the time spent accessing or using the App.
5. Disclaimer of liability
5.1 The App is operated by the Solicitors Regulation Authority on behalf of the legal regulators listed above. Each legal regulator is responsible for the content it provides for the App. The Solicitors Regulation Authority shall not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with any content provided by any other legal regulator.
5.2 We do not guarantee that the App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our App. You should use your virus protection software.
5.3 Whether you are using the App as a consumer or business user we do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. This includes any liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation.
5.4 If the provision of the App is delayed or interrupted by an event outside of our control we will take steps to minimise the effect of the delay or interruption. Provided we do this, we will not be liable for delays caused by the event.
6. Termination
6.1 Failure to comply with our terms will allow us to terminate your access to the App, at any time and immediately without notice. This may also remove your right to any reward arising from all your activities up to and including the date of termination.
6.2 On termination of your right to access the App you shall cease to access that App and delete the App from all devices in your control. We may also remotely remove the App and cease providing you with access to the App.
6.3 If you disagree with any decision taken by us under these terms and conditions you can contact us.
6.4 Any decision we take under this section is final and binding.
7. General
7.1 These Conditions contain the entire agreement between us concerning access to the App and supersede all prior agreements and representations, standard conditions or other implied conditions, whether written or oral, concerning the subject matter of these Conditions.
7.2 You shall not assign or transfer your rights or obligations under these Conditions, in whole or in part, to any third party without our written permission. We may assign or transfer our rights and obligations under these Conditions to someone else. We will tell you if we do this.
7.3 Even if we delay in enforcing these Conditions, we can enforce them later.
7.4 Each of these Conditions operate separately. If any court or relevant authority decides that any of them are unlawful the remaining conditions will remain in full force and effect.
7.5 Nothing in these Conditions shall create or imply an agency, partnership or joint venture between us. Neither of us shall act or describe itself as the agent of the other nor shall either of us have or represent that it has any authority to make commitments on behalf of the other.
7.6 These Conditions are governed by English law.
7.7 Either of us can bring legal proceedings in the courts of England and Wales concerning any dispute arising out of or in connection with these Conditions. You may bring proceedings in Northern Ireland or Scotland if you are a resident there.
8. Additional Terms if you download the App from the Apple iTunes App Store
We both acknowledge that these Conditions are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content of the App. The licence granted to you for the App is limited to a non-transferable licence on a device that you own or control and as permitted by the Usage Rules outlined in the App Store Terms and Conditions.
We, not Apple, are solely responsible for providing any maintenance and support services concerning the App, as specified in these Conditions. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services concerning the App. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Conditions. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever concerning the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Conditions, and that, upon acceptance of these Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Conditions against you as a third-party beneficiary thereof.