1. In these terms ‘we’ ‘us’ and related expressions refer to Wilsons Solicitors and its partners and staff. ‘You’ and related expressions refer to communicants with us as individuals and the company or other entity by which they are employed or for whom they speak.
2. In these terms, communication includes email letter phone call or any other means of communication whatsoever and includes all the communication’s attachments enclosures and other associated documents of any nature whatsoever.
3. These terms apply to all communications from us to you and from you to us.
4. These terms are intended to be legally binding on everyone with whom we communicate, jointly and severally. In the case of a communication from us to a corporate or other entity or person speaking for it that includes all individuals within it who read the communication jointly and severally. It also includes any other person to whom any communication from us is communicated whether or not in accordance with these terms and jointly and severally if more than one. But apart from that this communication does not create or modify any contract.
5. Opinions expressed in any communication from us are those of the writer and must not be taken to be those of Wilsons Solicitors or anyone else.
6. Any communication is intended only for the confidential use of the individual or entity to whom or which it is addressed and may contain information that is confidential, subject to copyright, constitutes a trade secret or is legally privileged. You are hereby notified that any disclosure (of its existence or content), dissemination, distribution, copying or any other action whatsoever taken in respect of this communication without our written and fully informed consent is strictly prohibited and may well be unlawful. If you are not the intended recipient you are also strictly prohibited from reading printing or storing it; please notify us immediately by returning it to us at 7-9 Austhorpe View, Whitkirk, Leeds, LS15 8NN or, in the case of email, to email@example.com and destroy any copies and delete it immediately from your computer. Any cost necessarily incurred will be reimbursed by us.
7. Communications cannot be guaranteed to be secure or error-free as
they could be read, intercepted, corrupted, lost, destroyed, arrive late
or incomplete, or (in the case of emails and their attachments) contain
viruses or other malware which could harm pry into or interfere with
a computer. Therefore when you communicate with us you authorise us to
rely on the message as received.
8. Any communication with us will be deemed to be not confidential unless you are a client in which case our client confidentiality policy will apply. By sending us any information or material, you grant us an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute that material or information, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose whatsoever at our sole discretion.
9. You undertake not to send to us any materials that are or could be construed as: (i) defamatory, libellous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights of any third party or for which you have not obtained all necessary licences and/or approvals; or (iv) violating any other law.
10. You also agree not to send to us any materials which could reasonably be held to constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of any country or other competent authority, or infringe the rights of any third party enforceable in any part of the world.
11. You will indemnify us against any cost incurred directly or indirectly by us directly or indirectly as a result of receipt of any communication from you that breaches any provision of these terms, including legal costs, on a full indemnity basis.
12. We do not accept responsibility for any errors or omissions that are present in our communications as sent or received or for the effects of any virus or other malware. If verification is required, please request a hard-copy version. You are advised to carry out your own virus checks before opening any email or attachment. We do not assert that any e-mail has been checked for viruses nor that it is guaranteed to be virus free. You must make and rely upon your own checks.
13. We shall not be liable to you or any third party for any loss or damage, direct, indirect or consequential, arising from (i) any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of any communication or (ii) any decision made or action taken by you or any third party.
14. We shall not be liable to you or any third party for loss of business resources, lost profits or any punitive, indirect, consequential, special or similar damages whatsoever, whether in contract or tort or otherwise, even if advised of the possibility of such damages incurred by you or any third party.
15. In no event will we be liable to you or any third party for any
consequential loss including but not limited to special incidental, direct
or indirect damage.
16. Email and fax are not routinely prioritised over letters. If urgent, please phone to let us know. We cannot guarantee any particular response time in any circumstances.
17. Inward and outward communications are routinely monitored by us. Their content may have to be disclosed pursuant to law (eg a request under the Data Protection Act 1998). This is so even if marked for private and/or confidential use.
18. All our copy and other rights (if any) in any communication remain our property in full.
19. We do not accept formal service of any documentation whatsoever by email or fax.
20. These terms do not affect any statutory rights which are by law not capable of exclusion. In the event of any inconsistency between any provision of these terms and any such right the latter shall prevail so far as is necessary to remove the inconsistency but not further or otherwise.
21. Nothing in these terms shall exclude or limit our liability for (i) death or personal injury caused by our negligence; (ii) fraud; or (iii) any liability which cannot be excluded or limited under applicable law.
22. These terms shall be governed by and construed in accordance with
English law. Disputes arising in connection with them shall be subject
to the exclusive jurisdiction of the English courts.