1.1 You should read these terms and conditions carefully before using this website (the Site) [which is provided by us free of charge]. References in these terms and conditions to the Site includes the following websites: www.kirbys.co.uk and all associated web pages.
1.2 If you do not agree with or accept any of these terms and conditions, you should cease using the Site immediately.
1.3 If you have any questions about the Site, please contact us using the details shown below:
e-mail email@example.com we will respond to your email as soon as possible during office hours which are Monday to Friday – 8:30am to 5.00pm
telephone 01423 542000 between the hours of Monday to Friday – 8:30am to 5.00pm
Write to us at 32 Victoria Avenue, Harrogate HG1 5PR
1.4 Please note that no sale of products or services takes place on this website. Any agreement to provide legal services will be governed by separate terms and conditions in addition to these terms and will be provided to you separately.
2.1 Kirbys Solicitors Limited is a limited company registered in England under number 10760100, registered office at 32 Victoria Avenue Harrogate HG1 5PR. Kirbys Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority (SRA). Our SRA registration number is 639812.
2.2 We maintain professional indemnity insurance in accordance with our regulatory obligations as imposed by the SRA. Details of our professional indemnity insurance are available for inspection at our offices and/or on request.
3.1 While we make every effort to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site. We reserve the right to suspend or cease the operation of the Site from time to time at our sole discretion.
3.2 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at firstname.lastname@example.org. If you would like these Terms in another format (for example: audio, large print, braille) please contact us using the contact details at the top of this page.
3.3 As a condition of your use of the Site, you agree:
3.3.1 not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions; and
3.3.2 not to defame or disparage anybody in a manner which is obscene, derogatory or offensive; and
3.3.3 to be responsible for ensuring that your use of the Site is consistent with all applicable laws and regulations.
3.4 We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.
6.1 The Site and all content within the Site is owned and operated by us and/or our licensors. We and our licensors reserve all rights.
6.2 The Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell any information or content obtained from the Site unless expressly authorised by us.
6.3 Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered)) subsisting in any content or material on the Site belong to us and/or our licensors. All rights are reserved for the benefit of ourselves and/or our licensors. Nothing in these terms and conditions grants you any rights in the Site or the content within the Site.
7.1 Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an ‘end user licence agreement’ or ‘EULA’). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal rights are under, e.g., the Consumer Rights Act 2015, what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you).
7.2 [All such software is solely for your personal use in a non-commercial manner.]
7.3 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.]
8.1 While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on the Site is at your own risk. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights.
8.2 Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites which may be of interest. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purposes.
The Site may contain hyperlinks or references to external third-party websites. Any such hyperlinks or reference is provided for your convenience only. We have no control over third-party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
We are committed to promoting equality and diversity in all our dealings with clients, third parties and employees. Please contact us if you would like a copy of our Equality and diversity policy.
11.1 You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis. Consequently, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any content and information on the Site, or as to satisfactory quality, or fitness for particular purpose.
11.2 To the maximum extent permitted by applicable law and our professional obligations, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of:
11.2.1 any error or inaccuracies in any information or material within or relating to the Site;
11.2.2 the unavailability of the Site for whatsoever reason; and
11.2.3 any representation or statement made on the Site.
11.3 Under no circumstances shall we be liable to you for any loss or damage suffered (including without limitation direct or indirect losses) arising from your use of, or reliance on, the Site.
11.4 We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
12.1 If you are in breach of any of these terms and conditions, you agree to indemnify and hold us harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach.
We reserve the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access the Site you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time-to-time to verify such variations.
These terms and conditions are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England and Wales.
15.1 We want to give you the best possible service. However, if at any point you become unhappy or concerned about the service we have provided you should inform us immediately so we can do our best to resolve the problem.
15.2 [In the first instance it may be helpful to contact the person who is working on your matter to discuss your concerns and we will do our best to resolve any issues. ]If you would like to make a formal complaint, you can read our full complaints procedure [link to your process]. Making a complaint will not affect how we handle your matter.
15.3 What to do if we cannot resolve your complaint
15.3.1 We have eight weeks to consider your complaint. If we have not resolved it within this time you may be able to complain to the Legal Ombudsman. This applies if you are an individual, a business with fewer than 10 employees and turnover or assets not exceeding a certain threshold, a charity or trust with a net income of less than £1m, or if you fall within certain other categories (you can find out more from the Legal Ombudsman). The Legal Ombudsman will look at your complaint independently and it will not affect how we handle your matter.
15.3.2 Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have, then you must take your complaint to the Legal Ombudsman:
(a) within six months of receiving a final response to your complaint;
(b) no more than six years from the date of act/omission; or
(c) no more than three years from when you should reasonably have known there was cause for complaint.
15.3.3 If you would like more information about the Legal Ombudsman, please contact them.
Call: 0300 555 0333 between 9.00 to 17.00
Legal Ombudsman PO Box 6806, Wolverhampton, WV1 9WJ
15.4 What to do if you are unhappy with our behaviour
15.4.1 The Solicitors Regulation Authority can help if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic.
15.4.2 Visit their website to see how you can raise your concerns with the Solicitors Regulation Authority.