Terms and conditions of use
Your use of this website and the documents, files and other information available through it is subject to the following terms and conditions, as amended by us from time to time. Use of and access to this website does not of itself create a solicitor/client relationship between you and Shoosmiths and where such an arrangement does exist it is governed by separate off-line terms of engagement.
If you require advice on a specific legal problem please contact the relevant fee earner listed on this website or alternatively you can send an email to [email protected]. The content on this website is for general information only and should not be regarded as an exhaustive analysis of the law. It is provided to the public free of charge, does not constitute legal advice and must not be relied upon as such to make any decisions. For that reason users should seek specific legal advice about any matter which concerns them.
All electronic links to any part of this site require the consent of Shoosmiths. Please email requests to [email protected]. Where consent is not obtained we reserve the right to remove any link at anytime.
- This website is provided by Shoosmiths LLP, a limited liability partnership registered in England and Wales under company number OC374987, whose registered office is at Witan Gate House, 500-600 Witan Gate West, Milton Keynes, Buckinghamshire MK9 1SH ("Shoosmiths")
- Shoosmiths LLP is authorised and regulated by the Solicitors Regulation Authority. Our professional rules can be found at www.sra.org.uk/rules. Shoosmiths is also recognised as a multi national practice with the Law Society of Scotland under number 43932. The Law Society of Scotland regulates Scottish activities through its professional rules which can be found at www.lawscot.org.uk
- References on this website and in these terms and conditions to:
- "Shoosmiths" or "we" or "our" or "us" shall mean Shoosmiths LLP and/or its affiliated undertakings; and
- "you" or "your" shall mean the user of this website. If you are accessing or using this website in your capacity as an employee, director, officer, partner or agent of a corporate or unincorporated entity "you" and "your" shall refer to you and such entity and you represent that you are authorised to accept these terms and conditions on behalf of such entity and agree to be personally bound by these terms and conditions.
- Whilst Shoosmiths endeavours to ensure that content on the website is accurate at the date of publication, no warranties or representations are given as to its accuracy, completeness, reliability, suitability or quality. Content may subsequently be superseded and Shoosmiths gives no guarantees that contents will be updated after the date of publication. As such, Shoosmiths accepts no responsibility for the accuracy, completeness, reliability, suitability or quality of any content on the website and to the fullest extent permissible by law, Shoosmiths excludes all liability (save in respect to death and personal injury caused by negligence and for fraud) for any loss or damage caused by using or relying upon the content appearing on this website. In particular, we will not be liable to you or any third party for any consequential loss or damage including any financial loss, loss of profit, revenue or business.
- We and our suppliers own the intellectual property rights in the software that runs this website. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile interfere with or attempt to interfere with that software without our written consent.
- We cannot guarantee that this website and its document delivery system will operate in accordance with your expectations or will be error free. If you are aware of any error on this website please contact us by email at [email protected] and we will endeavour to correct it.
- We make no claims that any material contained on the website can be lawfully viewed or downloaded outside of the United Kingdom. Access to materials may not be legal by certain persons or in certain countries. If you are accessing the website from outside the United Kingdom you do so at your own risk and are responsible for compliance with laws in your jurisdiction.
- It is our policy to virus check documents and files before they are posted on this website. However, we cannot guarantee that documents or files downloaded from this website will be free from viruses. Accordingly, for your own protection, you must use virus-checking software when using this website. You must not post or provide to us via this website, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via this website. We exclude to the fullest extent permitted by law, all liability (save in respect of death or personal injury caused by negligence and for fraud) in connection with (a) any damage or loss caused by errors, computer viruses, other malicious code or harmful components originating or contracted from the website and (b) any interruptions in your access to the website.
- You may only use this website for lawful purposes. You must ensure that any document, file or other information that you intend to post to our website or provide to us via this website does not contravene any applicable laws or contravene any person's legal rights and you must not post or upload anything indecent, obscene, abusive, libellous or defamatory. We do not monitor or edit documents or files posted or provided to us by other persons for posting on this website and accordingly we do not accept any responsibility for their content or for any damage or loss you may suffer. You hereby acknowledge and agree that you are solely responsible for the form, content and accuracy of any documents or files that you post on the website. We reserve the right to remove material from this website that infringes these rules.
- If you would like to link to the website, you may only do so on the basis that you link to, but do not replicate, the website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the Shoosmiths logo;
- you do not create a frame or any other browser or border environment around the website;
- you do not in any way imply that Shoosmiths is endorsing any products or services other than its own;
- you do not misrepresent your relationship with Shoosmiths nor present any other false information about Shoosmiths;
- you do not otherwise use any Shoosmiths trade marks displayed on the website without express written permission from Shoosmiths;
- you do not link from a website that is not owned by you; and
- 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.
- Shoosmiths expressly reserves the right to revoke the right granted in this clause 10 for breach of these terms and to take any action it deems appropriate.
- You shall fully indemnify Shoosmiths for any loss or damage suffered by Shoosmiths or any or any of its group companies for breach of clause 10.
- By accessing this website, you agree that you will access its contents solely for your own use. You may print out a single hard copy of any part of the content of this website (other than documents, files or other information contained in the restricted areas which are subject to particular terms set out under the Restricted Areas section) for your use in accordance with these terms and conditions.
- Except as expressly permitted by paragraphs 10 and 13, you may not (except to the extent required in order to use this website in accordance with these terms and conditions) copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, delete or show in public any part of this website or systematically extract material from this website or any document available through it, create any derivative works from it or in any other way exploit commercially all or any part of this website or any document available through it without the prior written permission of Shoosmiths.
- We reserve the right to vary or amend these terms and conditions from time to time. Any changes shall take effect upon posting to this website.
- Any dispute arising between you and Shoosmiths in relation to this website shall be governed by English law and you submit to the exclusive jurisdiction of the English courts for the purposes of any such dispute.
- If any of these terms and conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
- the legality, validity or enforceability in that jurisdiction of any other term or condition which shall continue to have full force and effect ; or
- the legality, validity or enforceability in other jurisdictions of that or any other term or condition which shall continue to have full force and effect.
- A person who is not a party to these terms and conditions may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
- No waiver of any of these terms and conditions shall be valid unless provided in writing by Shoosmiths.
- The trade marks, logos and trade names displayed on the website ("Marks") are the property of Shoosmiths or other third parties. You are not permitted to download, copy, modify or use the Marks without the prior written consent of Shoosmiths or such third party who may own the Marks. The design and layout of the website is protected by copyright, database right, design rights and other similar laws and may not be copied or imitated in whole or in part.
- If you are accessing this website in the course of a business the express provisions of these terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
Data Protection and Confidentiality
- Shoosmiths acknowledge that your contact details and application data (as defined under the Careers and Marketing section) ("your information") may be confidential. Shoosmiths will maintain the confidentiality of and protect your information in accordance with Shoosmiths' normal procedures and English law.
- Shoosmiths may use your application data (as defined under the Careers and Marketing section) and contact details for the purposes of recruitment or marketing, respectively, as more fully described under Careers and Marketing. We may use information obtained about you from monitoring your use of this website solely for internal purposes including website performance, evaluation of website use and the creation of marketing reports at Shoosmiths to aid future marketing of information about Shoosmiths and Shoosmiths' services. Data collected by monitoring will be aggregate, no personal or sensitive personal data will be used other than for the purpose for which it was originally obtained.
- Your information may be controlled and processed by any of Shoosmiths' offices. You acknowledge and agree that the location of our offices may change from time to time and that Shoosmiths may acquire other offices in any number of other countries or territories at any time, any one or more of which may act as a controller of and/or process your information. Shoosmiths will not disclose your data to any other third party unless required to do so by law or regulators.
- You acknowledge and agree that we may from time to time transfer any of your contact details and/or application data overseas to any office of Shoosmiths or of any of our affiliates, agents or appointed representatives. Some of our offices and those of our affiliates, agents or representatives may be located in countries outside the European Economic Area which do not have well developed data protection legislation when compared to English law. While Shoosmiths will ensure your information is processed in accordance with these terms and conditions you may not have rights under data protection legislation in those jurisdictions equivalent to those under English law. Please do not send us any personal data if you do not want that information to be processed by Shoosmiths in the ways described in these terms and conditions as by providing your information to us you agree and consent to us processing it in this way.
- You have the right to access and the right to rectify your personal data whether submitted as an application for a post at Shoosmiths or otherwise by sending us a written request to the address given above (see General) or by sending an email [email protected].
- Occasionally third parties may provide storage services to us. In those circumstances those third parties shall be required to enter into a confidentiality agreement on no less stringent terms than found in these terms and conditions and to process your data solely in accordance with our instructions.
From time to time we may use any of the information you submit to us, including personal data, to provide you with marketing information about Shoosmiths.
We may contact you from time to time for this purpose by fax email post or telephone. By sending your information to us you agree and consent to us contacting you in this way. You may withdraw this consent at anytime by contacting Kirstie Fordyce on [email protected]
- You may submit information, including personal data and sensitive personal data to us via the on-line application forms and email addresses as an application for a post advertised at Shoosmiths ("application data"). "Sensitive personal data" is information as to your racial or ethnic origin, political opinions, religious, philosophical or similar beliefs, trade union membership, physical or mental health, sexual life, commission of criminal offences and/or involvement in criminal proceedings.
- In acknowledging an application Shoosmiths is not verifying the content, accepting the application or making any offer of employment or engagement. Shoosmiths is not obliged to accept any applications.
- Shoosmiths will process your application data for the sole purposes of considering applications and recruitment, and not for any "direct marketing" purposes . We will retain your application data for up to 12 months following receipt of your application. If you would prefer us not retain your application data for this period for consideration in relation to any appropriate vacancies that may arise, please contact us by email at [email protected].
- Shoosmiths is an equal opportunity employer (in accordance with applicable legislation) and does not discriminate on the grounds of gender, ethnic origin, age, religion, sexual orientation, non disqualifying physical or mental disability or any other basis covered by local legislation. All employment related decisions are made entirely on merit.
- Shoosmiths provides a variety of services to clients and third parties online which are accessible only with a username and password. These services include Shoosmiths Deal Room and Shoosmiths Legal Expenses Division Online Access. Other services are available and are governed by separate terms and conditions.
- Access to the Restricted Areas is restricted to authorised persons. If you believe you have been granted access to any document or file by mistake, please leave the Restricted Area immediately and contact us by email at [email protected] as soon as possible. Please also contact us by email at [email protected] if we have notified you that you are permitted to access a Restricted Area but are unable to obtain access to it.
- The Restricted Areas should only be accessed using a computer linked to a secure network environment.
- You must not allow any other person to use your username, password or other login details. If you believe someone else knows your login details please contact us by email at [email protected] as soon as possible.
- In the case of certain Restricted Areas we will supply you with temporary login details which must be changed on your first accessing the Restricted Area. The login details should be at least 8 characters in length and contain alpha and numeric characters. You should not choose details that may be easily identifiable by others. Login details should be changed regularly and not less than once every 6 weeks.
- We reserve the right to remove you from the authorised list of users for any Restricted Area of this website at any time.
- Parts of this website incorporate 128 bit encryption technology, however, we cannot guarantee that unauthorised people will not be able to access confidential information hosted on or downloaded from this website.
- The information, documents and files hosted on the Restricted Areas are confidential and may be privileged. You must not distribute the documents and files hosted in these areas except to persons authorised by Shoosmiths to read them. If you believe that you may have been granted access to information, a document or a file by mistake you must not download it, copy it, use it for any purpose or disclose its contents to any other person. Where you are subject to a separate agreement or undertaking (such as a confidentiality agreement) then such agreement or undertaking shall apply in addition to and, in the case of conflict or inconsistency, in priority to these terms and conditions.
- You shall not obtain or attempt to obtain unauthorised access to a Restricted Area or to a Restricted Area other than that which has been identified as being available to you through the logins and passwords notified to you or to any other area of Shoosmiths' computer system or network nor will you attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.
- You should be aware that some of the documents, files and other information may contain personal data subject to applicable data protection legislation. You must not use that data contrary to such legislation. To the extent that your jurisdiction does not have in force data protection legislation at least as stringent as that applying in England from time to time you undertake to treat such personal data as if it were subject to the legislation applying in England from time to time to the extent it is more stringent.
- Shoosmiths shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of unauthorised use or possible unauthorised use of your login details or of a breach of security.
- Subject to 11 above, Shoosmiths shall not be liable for any loss or damage whatsoever resulting from your use of a Restricted Area other than in accordance with these terms including but without limitation any special, consequential or indirect loss, any loss of profit or goodwill, any loss of data or for any business or economic loss arising out of the use of or the inability to use a Restricted Area. We do not charge you any separate fee for access to and use of the Restricted Areas. On this basis you agree that these terms, and in particular the limits on our liability and obligations, are fair and reasonable.
- If you are accessing a Restricted Area to use the services available through it otherwise than in the course of your business, you have certain statutory rights as a consumer regarding the performance of services. These statutory rights will not be affected by any statement contained in these terms and conditions.
- Subject to the additional terms set out below applicable to particular Restricted Areas, you may not print any part of the content of the Restricted Areas.
In addition to the terms and conditions set out above additional terms apply in respect of the following Restricted Areas:
Shoosmiths Deal Room
- Except in the case of documents and files contained in a Data Room, you may print out a single hard copy of any part of the content of this area.
- If a data room forms part of the website ("Data Room") then the following terms apply specifically to the data room and the documents provided in it. The documents in the Data Room are for you to view only. They must not be printed or downloaded in whole or in part. Restrictions are in place to prevent you doing this. Our client reserves the right to monitor activities in the Data Room and to exclude from the bidding process anyone who violates or attempts to violate these rules. The documents contained in the Data Room are to be used by you solely for your internal purposes to assist you in the bidding process and for no other purpose. No representation or warranty (express or implied) is given as to the accuracy, completeness or fairness of the information contained in the Data Room and no liability or responsibility is accepted by Shoosmiths or our client or by any of our or our client's respective officers, employees, agents or advisers for the accuracy, completeness or fairness of the information or for any errors, omissions or misstatements, negligent or otherwise, relating to such information. If you become aware that any of the documents in the Data Room are incomplete or otherwise deficient you are requested to inform the Shoosmiths representative with whom you are in contact. Additional documents may be added to the Data Room from time to time. Certain of the documents in the Data Room may not be in English and you will need appropriate language expertise to review these documents. The Data Room may identify documents that are part of the documents available for physical inspection by you but unavailable in the Data Room. These extremely confidential documents can be viewed by you by separate arrangement. Any request for additional information not contained in the Data Room should be made in writing. Our client reserves the right to refuse any such request. No contact should be made by you with our client in connection with this process.