Legal & Regulatory Information

  1. General
  2. Website terms and conditions
  3. Email disclaimer
  4. Privacy Policy and cookies
  5. Complaints procedure
  6. Professional Indemnity Insurance
  7. LD Extra Terms of Business
  8. LD Extra Privacy Policy
  9. Disclaimer
  10. LDreach terms and conditions
  11. AA legal helpline terms and conditions
  12. LV = helpline terms and conditions
  13. LV = Commercial helpline terms and conditions
  14. Cigna Personal Legal Helpline Terms and Conditions of Use
  15. Cigna Commercial Legal Helpline Terms and Conditions of Use
  16. RSA/MoreThan personal legal helpline terms and conditions
  17. RSA/MoreThan Commercial Legal Helpline Terms and Conditions
  18. Arc Personal Legal Helpline Terms and Conditions of Use
  19. First Practice Management/FPM/Shred-It Legal Helpline Terms and Conditions of Use
  20. Parliament Hill legal assistance telephone helpline terms and conditions of use
  21. Online Dispute Resolution

1. General

Lyons Davidson and Lyons Davidson Solicitors are the trading names of Lyons Davidson Limited, a company registered in England & Wales (company no. 7592441) authorised and regulated by the Solicitors Regulation Authority. Our registered office is at Victoria House, 51 Victoria Street Bristol BS1 6AD where a list of directors is available for inspection. VAT No. 138 1494 61.

The SRA Code of Conduct and professional rules to which we are required to adhere are available via the SRA website.

Lyons Davidson Scotland is a trading name of Lyons Davidson Scotland LLP, an associated practice of Lyons Davidson. Lyons Davidson Scotland LLP is a limited liability partnership registered in Scotland (registration no. SO302969) and is regulated as a Multinational Practice by the Law Society of Scotland (registration no. 38931). The registered office is at Enterprise House, 34 Earl Grey Street, Edinburgh EH3 9BN where a list of members is available for inspection. VAT No. 100 6252 74.

We use the word “partner” to refer to an employee or consultant who is a practising lawyer with equivalent standing.

2. Website Terms and Conditions

These terms and conditions (“Terms”) apply to the entire content of this website. Please read these Terms carefully before using this website. Using this website indicates that you accept these Terms. If you do not accept these Terms, please do not use this website.

The websites to which these Terms apply and for which Lyons Davidson is responsible are: www.lyonsdavidson.co.uk; www.joinlyonsdavidson.co.uk and www.lddisputeresolution.co.uk

1. Application

1.1 This website is provided by Lyons Davidson and Lyons Davidson Scotland (“we, us, our”) refers to Lyons Davidson in this website includes where relevant and appropriate Lyons Davidson Scotland.
1.2 These Terms and the Privacy Policy (set out below) shall constitute an agreement between you and us and shall set out the conditions upon which you may access the information available on this website.
1.3 We reserve the right to change these Terms or the Privacy Policy at any time and to notify you by posting an updated version of these Terms or the Privacy Policy on this website, at which point they will become immediately effective.
1.4 Your continued use of this website after any changes referred to in clause 1.3 shall constitute your consent to such changes.

2. Access to the website

2.1 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our control.
2.2 We reserve the right to, without notice, withdraw the availability of this website or any of its content and/or any of its functions, information or services.
2.3 We cannot guarantee uninterrupted and/or reliable access to this website and we make no guarantees whatsoever as to its operation, functionality or otherwise.

3. Permitted use of the website

3.1 You are allowed to view, download and print out content from this website for personal use only in accordance with these Terms. All other copying whether electronic, hard copy or other format is prohibited and all other rights are reserved.
3.2 You shall only use this website in a manner that is consistent with these Terms and in such a way as to comply with all applicable laws and regulations and, in particular, that you shall not (or not attempt to):
3.2.1 seek unauthorised access to our network or computer system;
3.2.2 insert or knowingly or recklessly transmit or distribute a virus into our network and computer systems; and/or
3.2.3 assist, encourage or permit any other person to do any of the things described in 3.2.1 and 3.2.2 above.
3.3 You may not create a link to this website from another website or documents without obtaining our prior written consent.

4. Cookies

For information about the cookies used by our websites, please consult our Privacy Policy.

5. Intellectual property rights

5.1 All copyright and all other intellectual property rights existing in this website (including, but not limited to, all design, text, graphics and the selection or arrangement thereof) are and remain our property.
5.2 The expression ‘copyright’ shall include the entire copyright, design right, rental right, right to authorise or prohibit lending and data right subsisting now or created at any time.

6. Links to third-party websites

6.1 This website and “LD Extra” Extranet Service may contain links to websites owned and operated by third parties. We make no representations or warranties as to the accuracy or completeness of any of the information appearing on such linked websites or as to the suitability or quality of any of their products or services.
6.2 The links to third party websites are provided for your information and convenience only and are not an endorsement by us of the content of such linked websites.
6.3 We accept no liability for any damage or loss, howsoever caused, in connection with use of or reliance on any information, material, products or services contained or accessed through any such linked website.
6.4 If you decide to link to any third party website and make use of any information contained on them and/or enter into any contract for the supply of goods or services from such third party, you do so entirely at your own risk.
6.5 You are responsible for checking the terms and conditions of any third party websites you may visit.

7. Legal advice

The information and opinions contained on this website are provided as a general guide only and are not intended to be construed or interpreted as legal or other professional advice. Such information and opinions should not, therefore, be relied upon or treated as a substitute for specific advice relevant to particular circumstances. For specific legal advice, please contact us through the Key Contact search for the section of the website relevant to your particular circumstances, or for general queries, contact info@lyonsdavidson.co.uk.

8. Liability

8.1 While we endeavour to ensure that the information contained on this website is accurate, complete and up-to-date, we make no representations or warranties, whether express or implied, as to the accuracy, completeness or fitness for purpose of such information.
8.2 We make no representations or warranties, whether express or implied, that this website or any software of any nature available on, downloaded or otherwise obtained from it, will be free from defects or viruses.
8.3 We make no representations or warranties as to whether the information available on this website complies with the regulatory regime of countries from which the pages of this website may be accessed.
8.4 We exclude any liability whosoever arising from the use of this website, to the fullest extent permitted by law.  We shall not be liable for any loss or damage whatsoever and howsoever incurred including but not limited to any direct, consequential or indirect loss or damage, or any loss or damage to goodwill or profits or any anticipated loss of savings incurred by you, or loss of data or loss of business opportunity, or economic loss whether arising in tort, contract, equity or otherwise and arising out of, in relation to, or in connection with your access to, use of, or inability to use this website. We do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, fraud or for any matter which it would be illegal to exclude or to attempt to exclude.

9. General

9.1 The failure by us to insist on any occasion upon performance of these Terms shall not thereby act as a waiver of such a breach or an acceptance of any variation of these Terms.
9.2 A person who is not a party to these Terms may not enforce any of its terms or conditions under the Contracts (Rights of Third Parties) Act 1999.
9.3 These Terms shall be governed by, construed and enforced in all respects in accordance with the Laws of England.
9.4. Any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law; and any such dispute or claim (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England.

3. Email disclaimer

Any reference to “our emails” includes any attachments and includes emails sent on behalf of Lyons Davidson and/or LD Scotland (“us”, “our”, “we”).

1. The contents of our emails are confidential and may be legally privileged. If you are not the intended recipient of any of our emails then you may not read, copy, distribute or make any other use of that email or its contents. If you received any of our emails in error, please tell us immediately by telephone quoting the name of the sender and the intended recipient, then delete it from your system.
2. No contracts may be concluded on our behalf by email. We are unable to accept the service of documents by email or fax. Neither we nor the sender accepts any responsibility for viruses.
3. It is your responsibility to scan our emails and any attachments. Any opinions or advice contained in our emails are subject to the terms and conditions expressed in our relevant engagement letter.
4. Personal emails are not communications by or on our behalf and the sender is not acting as representative, agent or in any other capacity for or on our behalf. We do not accept any liability or responsibility in connection with personal emails.

4. Privacy policy and cookies

Lyons Davidson (we, us, our) is committed to the online privacy of all its users and this Privacy Policy is designed to provide users of this website with a clear understanding of our data processing practices. This policy explains how Lyons Davidson uses any personal data you provide to us during your use of our website. Personal Data is information which personally identifies you, like your name, address or email address or which would, if combined with other information in the possession of, or likely to come into the possession of Lyons Davidson, personally identify you.

Introduction

The websites at www.lyonsdavidson.co.ukwww.joinlyonsdavidson.co.uk and www.lddisputeresolution.co.uk are operated by Lyons Davidson, which is the Data Controller for the purposes of the Data Protection Act 1998 and as such we are registered under the Data Protection Act 1998. As required by the Data Protection Act 1998, we follow strict security procedures and take appropriate measures to ensure that Personal Data is not damaged, destroyed or disclosed to a third party without permission and to prevent unauthorised access to it. By accessing or using any part of this website you agree to be bound by the terms of this Privacy Policy. This Privacy Policy should be read in conjunction with our Terms and Conditions of Use. Please click here to view the Terms and Conditions of Use.

Data collection and use

In some areas of our websites you may choose to provide us with Personal Data. In particular, it should be noted that in relation to our recruitment website www.joinlyonsdavidson.co.uk, if you choose to provide us with a completed application form, a covering letter containing any Personal Data or other personal details, a curriculum vitae or any combination of these documents whether in hard copy, electronic or any other format, the information will be used by us for the purpose of determining your suitability for employment with us.   We shall hold the information provided for a period of 12 months, and may contact you during that time regarding it. Following this period, the information we hold will be destroyed. By submitting any of these documents to us, you consent to us using them as described above.

We may log your IP address (which indicates the location of your computer on the internet) for the purpose of systems administration and troubleshooting.

We may use log files to help us understand how visitors use this website. We may use this information in aggregate for statistical analysis.

If you provide your email address in order to submit an enquiry, comment or request for further information, we may contact you regarding your enquiry, comment or request. We may also send emails to you about the services that we offer.

From time to time we may provide your information to our marketing or IT departments for research and analysis purposes so that we can monitor and improve the services we provide. We may occasionally contact you by post, email or telephone to ask you for your feedback and comments on our services.

We operate a system to ensure that all client feedback is dealt with fairly and consistently and is properly recorded. If you think that our service could be improved or would like to provide any additional comments, please contact us.

We will not sell, distribute or lease your Personal Data to third parties, except with your permission or as required by law.

User access

You are entitled to obtain any Personal Data which Lyons Davidson holds for you under the Data Protection Act 1998. If it transpires that the information held is inaccurate we will make the necessary amendments and confirm to you that these have been made. If you want to view the information held by us please write to: The Data Protection Officer, Lyons Davidson, Victoria House, 51 Victoria Street, Bristol BS1 6AD. Under the provisions of the Data Protection Act 1998 a reasonable administration fee will be payable. If at any time you want to withdraw your consent to our use of your Personal Data, please write to us at the above address.

Your consent

By submitting your Personal Data you consent to the use of that data as set out in this Privacy Policy. If we change our privacy policy we will post the changes on our website. You should periodically review our website to check you are always aware of the information we collect, how we use it and under what circumstances, if any, we will share it with other parties.

Cookies

Cookies are small files that are saved on your computer by websites you visit. They are used to help websites operate more efficiently by remembering activities and preferences made by you as well as provide anonymous information to the website owner such as the number of visits to a page, how long they stayed etc, which helps make decisions on future improvements to the site. The table below explains the cookies we use and why:

Cookie Name Purpose Expires
_utma_utmb_utmc_utmz These cookies are placed by Google Analytics and are used to determine the number visitors to our site, how long they visit for and how they reached the site. _utma – 2 years_utmb – 30 minutes_utmc – end of session_utmz – 6 months
ASP.NET_SessionID This cookie remembers selections and preferences you have already made or information you have already given such as searches and completed forms When you close your browser (end of session)
.ASPXANONYMOUS This cookie holds a unique ID but no personal information and is used to track anonymous users around the site for navigation purposes 11 weeks
cc_cookie_accept This cookie remembers that you have clicked the ‘Accept Cookies’ button so that the banner will no longer display until the cookie has expired or been deleted 1 year
language This cookie is used to remember your language preferences When you close your browser (end of session)

Most browsers allow you to control what cookies are saved to your computer – to find out how to change your settings, as well as more information about cookies in general, please visit www.allaboutcookies.org.

5. Complaints procedure

When you inform us that you feel we have failed to meet our own standards or your expectations of us and that you wish to make a formal complaint, we adopt a procedure to try to resolve your complaint quickly and efficiently.

Your complaint will be referred by the Case Handler working on your case (or his or her supervisor) to our Customer Services and Compliance Department. This department works independently from the department of the firm which is handling your case in order to provide an objective view.

We will acknowledge in writing that you have made a complaint and state the name of the person who will personally handle your complaint (the “Customer Services Officer”).

The Customer Services Officer will contact you by telephone to discuss your complaint and will try to identify what we can do to resolve the matter for you. Under the supervision of our Complaints Partner (Michael Greybanks), the Customer Services Officer will investigate your complaint to see if we have failed to meet any required standards. The Customer Services Officer may need more information from you during the course of the investigation, in order that he or she can properly deal with your complaint. Therefore he or she may need to contact you to request further details or arrange a meeting with you to discuss your complaint.

The Customer Services Officer will write to you with a response to your complaint within 10 working days of you letting us know that you wished to make a formal complaint. In this response, the Customer Services Officer will set out the findings of the investigation, suggesting what, if any, actions are required by us to remedy the situation. If there is any reason why they cannot respond within this timescale, the Customer Services Officer will tell you this in advance explaining why and setting a new timescale.

If we do not hear further from you following our response, the Customer Services Officer will contact you after another 10 working days to check that you are satisfied with our conclusions and proposed resolution. If we cannot resolve your complaint then you can ask the Legal Ombudsman to investigate your complaint if it is about poor service. The Legal Ombudsman can investigate complaints up to six years from the date of the problem happening or within three years of when you found out about the problem. You must refer your complaint to the Legal Ombudsman within 6 months of our final response to your complaint. The Legal Ombudsman contact details are as follows:

The Legal Ombudsman contact details are as follows
Website: www.legalombudsman.org.uk
Telephone: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Postal address: P.O. Box 6806 Wolverhampton WV1 9WJ.

We will retain details of your complaint and its outcome. This information will be used for internal training and analysis.

Version 5: June ’15

6. Professional Indemnity Insurance

In accordance with disclosure requirements our compulsory professional indemnity insurers are as follows:

Lyons Davidson Limited (England and Wales)

Insurer Name: QBE Insurance (Europe) Limited

Insurer Address: Plantation Place, 30 Fenchurch Street, London, EC3M 3BD

Geographical Cover: Worldwide

Lyons Davidson Scotland LLP

Compulsory cover provided under the Law Society of Scotland Master Policy.

Lead Insurer: Royal and Sunalliance Insurance plc

Lead Insurer Address: Alexander Bain House, 4th Floor, 15 York Street, Glasgow, G2 8LA

Geographical Cover: Worldwide

 

7. LD Extra Terms of Business

1. Definitions and interpretation

1.1 In these terms and conditions the following words and phrases shall have the following meanings:
“Client” shall mean a client of Lyons Davidson.
“Data” shall mean any data, file, document or other information in any format, whether existing at the time of registration or not which is submitted to you through LD Extra.
“Disclaimer” shall mean the Lyons Davidson disclaimer referred to at Clause 2.
“LD Extra” shall mean the LD Extra Extranet Service provided to you via the internet site www.lyonsdavidson.co.uk in accordance with these Terms containing, amongst other things, the Data, any file information held by Lyons Davidson, articles, case law, legislation, and links to other sites.
“Lyons Davidson” shall mean Lyons Davidson Solicitors of 51 Victoria Street, Bristol BS1 6AD and “we, us, our” shall be construed accordingly.
“Personal Data” shall mean any data or information held by Lyons Davidson which contains personal information relating to a Client or other person and which is subject to the terms of the Data Protection Act 1998 (“DPA”).
“Privacy Policy” shall mean the LD Extra privacy policy referred to at Clause 2 below.
“Terms” shall mean these terms and conditions.
“you”, “your” shall mean any person authorised in writing by Lyons Davidson to use LD Extra.
“User” shall mean any of your employees or any other person who has been authorised in writing by Lyons Davidson to use LD Extra.
1.2 Headings are used in these Terms for the convenience of the parties only and have no legal or contractual effect.

2. Application

2.1 These Terms, the Privacy Policy and the Disclaimer shall constitute an agreement between you and us and shall set out the conditions upon which you and any User may access the information and services available through LD Extra.

2.2 We reserve the right to change these Terms, the Privacy Policy, the Disclaimer or any other policies regarding the use of LD Extra at any time and to notify you by posting an updated version of these Terms, the Privacy Policy, the Disclaimer or any other policies on LD Extra, at which point they will become immediately effective.
2.3 Your or your User’s continued use of LD Extra after any changes referred to in Clause 2.2 shall constitute your consent to such changes.

3. Provision of LD Extra

3.1 We reserve the right without notice to:
3.1.1 withdraw the availability of LD Extra or any of its content and/or any of its functions, information or services.
3.1.2 change the arrangements for access to LD Extra.
3.1.3 deny access to LD Extra by you or any or all Users.
3.2 We cannot guarantee uninterrupted and/or reliable access to LD Extra and make no guarantees whatsoever as to its operation, functionality or otherwise.

4. Access to LD Extra

4.1 We shall provide you and your Users with passwords, which we may change at our discretion and without notice.
4.2 The password provided is for the use of the named person only and is not transferable.
4.3 You and your Users shall keep the password confidential and you shall notify us immediately of any actual or suspected unauthorised use of your password(s) , by email to extra@lyonsdavidson.co.uk
4.4 If you or your Users believe that access has been granted to any Data or Personal Data by mistake you shall leave LD Extra immediately and contact us by email at extra@lyonsdavidson.co.uk
4.5 If we have notified you that you are permitted to access LD Extra but you or your Users are unable to obtain access to it, please contact us by email at extra@lyonsdavidson.co.uk
4.6 You shall notify us within 7 days of any changes to the Users including, but not limited to, notifying us of any Users which leave your employment.
4.7 You and your Users shall only use LD Extra in a manner that is consistent with these Terms and in such a way as to comply with all applicable laws and regulations and, in particular, that you and your Users shall not or not attempt to:
4.7.1 seek unauthorised access to LD Extra other than that which has been identified as being available to you through the password(s) notified to you, or any other area of our network or computer system.
4.7.2 insert or knowingly or recklessly transmit or distribute a virus into our network and computer systems.
4.7.3 access any Data other than by using the links and searches made available on authorised access to LD Extra in accordance with these Terms.
4.7.4 circumvent any of the security safeguards.
4.7.5 cause annoyance to other users of LD Extra.
4.7.6 corrupt any Data.
4.7.7 assist, encourage or permit any other person to do any of the things described in Clauses 4.7.1 to 4.7.6 above.

5. Intellectual property rights in the data

5.1 All copyright and all other intellectual property rights existing in LD Extra and the Data, (including but not limited to all design, text, graphics and the selection or arrangement thereof) are and remain the property of Lyons Davidson.
5.2 The expression ‘copyright’ shall include the entire copyright, design, right, rental right, right to authorise or prohibit lending and database right subsisting now or created at any time.

6. Permitted use of data

6.1 The Data and Personal Data is confidential and may be privileged. You should be aware that any Personal Data is subject to the terms of the DPA and any other applicable data protection legislation.
6.2 You and your Users shall not use any Personal Data for any purposes other than those expressly authorised by us in writing. You shall comply with the DPA and any other applicable data protection legislation (and you shall ensure that your employees and agents do likewise) and obtain and maintain all necessary registrations required by the DPA and any other applicable data protection legislation in connection with your use of Personal Data.
6.3 You may print hard copies of any Data for your personal use only. All other copying whether in electronic, hard copy or other format is prohibited and all other rights are reserved.
6.4 You shall ensure that all copies of the Data or Personal Data remain confidential and are not disclosed to any third party without the our prior written permission.
6.5 If you or you Users believe you have been granted access to Data by mistake, you must not download it, copy it or use it for any purpose or disclose its contents to any other person.
6.6 Where you or your Users 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.

7. Indemnity

7.1 You shall indemnify us against any liability, loss or claim made by a third party (and any resulting costs incurred by us (including reasonable legal fees) directly or indirectly related to:
7.1.1 any unauthorised use of the password(s) which is in breach of these Terms.
7.1.2 any action or omission by you or your Users that allows or facilitates access to any Data or Personal Data by any third party without our prior written consent.
7.1.3 any unauthorised disclosure of Data or Personal Data.
7.1.4 any other breach of these Terms by you or your Users.

8. Limitation of liability

8.1 While we endeavour to ensure that the Data is accurate, complete and up to date, we make no representations or warranties, whether express or implied, as to the accuracy, completeness or fitness for purpose of the Data.
8.2 We make no representations or warranties, whether express or implied, that LD Extra or any software of any nature available on, downloaded or otherwise obtained from it, will be free from defects or viruses. Your use of LD Extra is at your own risk.
8.3 We make no representations or warranties as to whether the information available on LD Extra complies with the regulatory regime of countries from which the pages of LD Extra may be accessed.
8.4 We shall not be liable for any loss or damage whatsoever and howsoever incurred including any direct, consequential or indirect loss or damage, or any loss or damage to goodwill or profits or any anticipated loss of savings incurred by you or your Users, or loss of data or loss of business opportunity, or economic loss whether arising in tort, contract, equity or otherwise and arising out of or in relation to or in connection with your access to or use of or inability to use LD Extra.

9. Links to other sites

9.1 LD Extra may contain links to websites owned and operated by third parties. We make no representations or warranties as to the accuracy or completeness of any of the information appearing on such linked websites or as to the suitability or quality of any of their products or services.
9.2 The links to third party websites are provided for your information and convenience only and are not an endorsement by Lyons Davidson of the content of such linked websites.
9.3 We accept no liability for any damage or loss, howsoever caused in connection with use of or reliance on any information material products or services contained on or accessed through any such linked website.
9.4 If you decide to link to any third party website and make use of any information contained on them and/or enter into any contract for the supply of goods or services from such third party you do so entirely at your own risk.

10. Termination

10.1 You may terminate this agreement at any time by notifying us by email at extra@lyonsdavidson.co.uk and ceasing to use LD Extra and destroying all of the Data and any other information obtained from LD Extra with any related documentation and copies thereof.
10.2 We may at our sole discretion, with or without notice, terminate your password(s) or use of LD Extra and remove and discard any part of LD Extra for any reason, including, without limitation, lack of use or if we believe that you have acted inconsistently with the letter or spirit of these Terms. We reserve the right to pursue any remedy available to us in law or equity for your breach of these Terms.
10.3 We shall not be liable to you or any third party for any loss or damage directly or indirectly arising from termination of your access to LD Extra.

11. General

11.1 You and your Users shall not sell, assign, sublicense, delegate, transfer, or otherwise dispose of, whether directly or indirectly, any of your rights or obligations under these Terms.
11.2 You warrant that you have not relied on any representation made by us or any third party in entering into these Terms.
11.3 These Terms, the Privacy Policy and the Disclaimer constitute the entire agreement between you and us and supersedes all prior agreements arrangements and undertakings between us relating to the use of LD Extra.
11.4 You agree that the limitations and exclusions incorporated in these Terms are reasonable in all the circumstances of your business relationship with us but if any provision hereof is unenforceable or invalid in any circumstances, its application in any other circumstances and the remaining provisions of these Terms shall not be affected.
11.5 The failure by us to insist on any occasion upon the performance of these Terms shall not thereby act as a waiver of such breach or an acceptance of any variation.
11.6 A person who is not a party to these Terms may not enforce any of its terms or conditions under the Contracts (Rights of Third Parties) Act 1999.

11.7 These Terms shall be governed by construed and enforced in all respects in accordance with the Laws of England.

8. LD Extra Privacy Policy

Lyons Davidson (we, us, our) is committed to the online privacy of all its users and this Privacy Policy is designed to provide users of LD Extra Extranet Service (LD Extra) with a clear understanding of our data processing practices. This policy explains how Lyons Davidson uses any personal data you provide to us during your use of LD Extra. Personal Data is information which personally identifies you like your name, address or email address or which would, if combined with other information in the possession of, or likely to come into the possession of Lyons Davidson, personally identify you.

Introduction

LD Extra is operated by Lyons Davidson which is the Data Controller for the purposes of the Data Protection Act 1998 and as such we are registered under the Data Protection Act 1998. As required by the Data Protection Act 1998, we follow strict security procedures and take appropriate measures to ensure that Personal Data is not damaged, destroyed, or disclosed to a third party without permission and to prevent unauthorised access to it. By accessing or using any part of LD Extra you agree to be bound by the terms of this Privacy Policy. This Privacy Policy should be read in conjunction with our Terms and Conditions of Use.

Data Collection and Use

We may log your IP address (which indicates the location of your computer on the internet) for the purpose of systems administration and troubleshooting.

We may use log files to help us understand how visitors use our site. We may use this information in aggregate for statistical analysis.

If you provide your email address in order to submit an enquiry, comment or request for further information, we may contact you regarding your enquiry, comment or request. We may also send emails to you about the services that we offer.

From time to time we may provide your information to our marketing and auditing departments for research and analysis purposes so that we can monitor and improve the services we provide. We may occasionally contact you by post, email or telephone to ask you for your feedback and comments on our services.

We operate a system to ensure that all client feedback is dealt with fairly and consistently and is properly recorded. If you think that our service could be improved or would like to provide any additional comment please contact us through the Feedback link on your LD Extra homepage.

We will not sell, distribute or lease your Personal Data to third parties except with your permission or as required by law.

Data Security

Access to the LD Extra is provided by a secure socket link (SSL) which encrypts information viewed online to ensure the security and confidentiality of the information which we hold. SSL is an industry standard and is one of the best ways to ensure Internet messages are not intercepted.

In addition to the steps which we take to safeguard your privacy and security, there are a number of steps you can take yourself:

  1. If you do write your password down (which we do not recommend), keep it somewhere safe and secure.
  2. When you have finished your session on LD Extra, make sure that you prevent your details being seen by anyone that you do not wish to see them.
  3. If you have registered and logged in, remember to log off at the end of your session.
  4. Clear any ‘cache’ so there is no record of any transactions left on screen – both Netscape and Internet Explorer let you do this. We also recommend you then close your browser so any history of the session is cleared.
  5. As an extra precaution, your session on LD Extra will ‘time out’ if you have not used the site for 60 minutes.

9. Disclaimer

Links to Third Party Websites

The Lyons Davidson Website and “LD Extra” Extranet Service may contain links to websites owned and operated by third parties. These links are provided for your information and convenience only and are not an endorsement by Lyons Davidson of the content of such linked websites. Lyons Davidson has no control over the contents of any linked website and makes no warranties or representations, express or implied, as to the accuracy or completeness of any of the information on such linked websites or as to the suitability or quality of any of their products or services. Lyons Davidson accepts no liability for any damage or loss, however caused, in connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.

If you decide to access any third party websites and make use of the information contained on them, and/or enter into any contract for the supply of goods or services from such third party, you do so entirely at your own risk.

Legal Advice

The information and opinions contained on this website are provided as a general guide only and are not intended to be construed or interpreted as legal or other professional advice. Such information and opinions should not, therefore, be relied upon or treated as a substitute for specific advice relevant to particular circumstances. For specific legal advice, please contact us through the Key Contact search for the section of the website relevant to your particular circumstances or for general queries, contact info@lyonsdavidson.co.uk.

Although Lyons Davidson endeavours to ensure that the content of this website is accurate, it makes no warranty or representation, express or implied, about the accuracy or completeness of the information contained on this website.

Lyons Davidson and/or any of its associated companies or business partners accept no responsibility for damage or loss, howsoever caused, arising directly or indirectly from reliance upon any information obtained from this website.

10. LDreach terms and conditions

LDreach is a free legal telephone helpline service provided by Lyons Davidson (“we” or “us”) available for new and existing clients (“you” or “caller”) of Lyons Davidson and the following terms & conditions shall apply to the relationship between you and us.

1. LDreach is open to take calls 24 hours a day, 7 days a week, 365 days a year.

2. LDreach covers the following areas of law in England & Wales:

  • Employment issues
  • Problems related to the sale and purchase of goods and property
  • Damage to property (land and goods)
  • Family related issues
  • Accidents and injuries
  • Wills and Probate
  • Landlord and Tenant

3. We are not authorised by the Financial Services Authority to provide advice and cannot advise you on any tax consequences of your enquiry or the merits of investment transactions or exercising investment rights or act as an arranger or broker of transactions. You should ask your accountant to advise on such matters.

4. Callers are requested to be ready with a concise summary of their enquiry and the legal question they wish to ask. We will, where possible and appropriate, provide initial basic information related to your enquiry on any of the above areas of law (in paragraph 2) based on what you tell us. If your enquiry relates to any other area of law, or work not normally undertaken by Lyons Davidson, or if there are other circumstances giving us reason not to give you information (for example, a conflict of interest), we are under no obligation to provide any information or advice.

5. When callers first contact LDreach they will be put through to our helpline reception team who will try to relay the call to an appropriate claims handler with experience of the subject in question. If at the time of your call, that person is engaged with another caller or otherwise unavailable, we will try to arrange to call you back when it is convenient to you and when we have had the opportunity to consider your enquiry. Should you contact us by mobile phone text message or email, we will call you as soon as possible when we have reviewed your enquiry.

6. We may ask you for information to help us with your enquiry. You must give us information we ask for as soon as possible, and tell us if you think it is not complete or accurate. It is also your responsibility to carry out any action that we suggest you should do. We will not be responsible for anything that happens because you have not done something we suggested you to do promptly.

7. Any information provided through LDreach is given as a general preliminary guide only and should not be relied upon as a substitute for formal legal advice given in the context of full information (including documentation) provided by you to us in a properly defined engagement. If you would like formal legal advice then please let us know (see paragraph 8 below).

8. Where we believe formal legal advice is required, we will tell you. We are able to refer you to one of our legal representatives at Lyons Davidson who will discuss next steps with you so you can decide if you would like Lyons Davidson to assist you further. You are under no obligation to use Lyons Davidson for further formal legal advice.

9. You should contact LDreach personally and not via a third party. If you are a director or other representative acting on behalf of a company, we are entitled to assume that you have been authorised by the company to call us. Any information given is provided to and for your benefit alone and not for the benefit of family, friends and other third parties. If you are a consultant or professional adviser, LDreach does not give information for you to pass on to your clients.

10. Information is given by telephone only and not in writing. Documents (including letters and other written communications) cannot be considered or drafted. We are under no obligation to take any action as a result of your call until Lyons Davidson is formally instructed in writing in accordance with paragraph 7. We may monitor e-mails in accordance with the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000.

11. The LDreach service is free. We cannot receive or deal with any funds for you or on your behalf.

12. Excessive use of LDreach is not permitted and may result in the service being withdrawn for particular callers. Telephone calls may be ended by LDreach if they are considered excessive e.g. over 30 minutes long or if an excessive number of calls are made. We reserve the right to withdraw LDreach from you or generally at any time without notice.

13. We search our records to protect you from conflicts of interest. Where a conflict arises or may arise (for example, where we find that your opponent is or has been our client), we may not be able to accept or continue to work on your enquiry.

14. We will not reveal confidential information about you or your enquiry to other people unless you agree. We may be required by law to reveal certain information about you to authorities such as the Police or HM Revenue & Customs in relation to matters such as tax, fraud and money laundering. In the unlikely event we may have to share such information with colleagues within Lyons Davidson and third parties, in this respect you agree to waive our duty of confidence to you and the ‘legal professional privilege’ that attaches to your communications with us and in particular to the communications between you and the person in Lyons Davidson handling your enquiry.

15. We shall not be responsible for any losses whatsoever suffered, sustained or incurred by you or any third party by reason of our compliance with obligations imposed on us by 1) The Money Laundering Regulations 2007 and/or 2) The Proceeds of Crime Act 2002 and/or 3) other legislation relating to or connected with the prevention of crime and/or 4) the instructions of any law enforcement agencies.

16. The Data Protection Act 1998 imposes obligations on us as we will obtain and process personal data relating to you. We are required to inform you that personal data we receive about you or from you about other persons may be processed by us in order to provide a service to you.

17. If a person requests in writing access to personal data relating to him or her which is processed by us we are legally required to grant such a request unless the data is legally privileged. The right of access includes the right to information on the purposes of the processing, the recipients, the source and substance of any disclosed data. If we are required to provide data in response to a request relating to your enquiry, the work involved will be treated as part of our services to you. We will inform you about our services from time to time unless you notify us otherwise.

18. All telephone calls made through LDreach shall be recorded for data protection and training purposes for a limited period of time which will depend on the nature of the enquiry. Unless you notify us in writing otherwise, you consent to the exclusive electronic storage by us (or by third parties on our behalf) of all such telephone recordings. You may request a copy of the telephone recording subject to a reasonable charge.

19. Our total liability in respect of breach of contract or breach of duty or fault or negligence or otherwise arising out of or in connection with any information given to you through LDreach shall be limited in total to £2 million which covers claims of any sort whatsoever (including but not limited to interest and costs). This provision shall have no application to any liability for death or personal injury or any other liability for which exclusion or restriction is prohibited by law or to liability as a result of fraud or reckless disregard of professional obligations on our part.

20. We expect that you will receive an efficient and effective service. In the unlikely event of a problem arising or you being dissatisfied with the service provided, we have a comprehensive complaints procedure. If you wish to make a formal complaint you should contact our Complaints Partner, Michael Greybanks, at the address below.

21. If any provision of these terms & conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these terms & conditions and the remainder of such provision shall continue in full force and effect.

22. Failure or delay by either party in enforcing or partially enforcing any provision of these terms & conditions shall not be construed as a waiver of any of its rights under these terms & conditions.

23. Any waiver by either party of any breach of, or any default under, any provision of these terms & conditions by the other shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of these terms & conditions.

24. These terms & conditions are not intended to and do not confer any rights on any third party under the Contracts (Right of Third Parties) Act 1999.

25. The formation, existence, construction, performance, validity and all aspects of these terms & conditions shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

26. We reserve the right to amend these terms & conditions at any time by updating this page and you are advised to check this page regularly as any updates will be binding upon you.

17. Online Dispute Resolution

As of 15 February 2016, consumers who have a problem with a trader regarding a product or service they bought online can attempt to settle disputes out-of-court through an Online Dispute Resolution (ODR) procedure. You can access the Online Dispute Resolution platform here.

LYONS DAVIDSON and LYONS DAVIDSON SOLICITORS are the trading names of LYONS DAVIDSON LIMITED, a company registered in England & Wales number 7592441. Our registered office is at:

Victoria House, 51 Victoria Street Bristol BS1 6AD
Telephone: 0117 904 6000
Fax: 0117 904 6006
Email: info@lyonsdavidson.co.uk
Web: www.lyonsdavidson.co.uk
VAT No. 138149461

We are authorised and regulated by The Solicitors Regulation Authority. The SRA Code of Conduct and professional rules to which we are required to adhere are available via the SRA website www.sra.org.uk

We use the word “partner” to refer to an employee or consultant who is a practising lawyer with equivalent standing.

Copyright © Lyons Davidson Limited 2012. All rights reserved

MARCH 2012