Terms and Conditions of use of the Legal Assistance Telephone Helpline Service provided by Lyons Davidson Scotland for members of relevant clients of Qdos
Our legal helpline (the “Helpline”) is a legal assistance telephone helpline service provided by Lyons Davidson Scotland LLP (“we” or “us”) on behalf of Qdos Consulting Limited for members of relevant clients of Qdos (“you” or “caller”). The following terms and conditions (“LD Helpline Terms & Conditions”) shall apply to the relationship between you and us in addition to the terms and conditions of use of your Qdos benefits package.
1. The Helpline is open to take calls 24 hours a day, 7 seven days a week, 365 days a year.
2. The Helpline is only available for businesses in respect of commercial matters covering the following areas of law in Scotland:
3. We are not authorised by the Financial Conduct 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 Scotland 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 the Helpline 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.
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 do promptly.
7. Any information provided through the Helpline 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 Scotland who will discuss next steps with you, so you can decide if you would like Lyons Davidson Scotland to assist you further. You are under no obligation to use Lyons Davidson Scotland for further formal legal advice.
9. You should contact the Helpline yourself and not via a third party. Any information given is provided to and for your benefit alone and not for the benefit of any other person, business or third parties.
10. Information is given by telephone only and not in writing. Documents (including letters and other written communications) can be considered only by agreement and after initial contact is made to the Helpline by telephone. Documents cannot be amended or drafted. We are under no obligation to take any action as a result of your call until Lyons Davidson Scotland is formally instructed in writing in accordance with paragraph8. We may monitor emails in accordance with the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000.
11. We cannot receive or deal with any funds for you or on your behalf until we are formally instructed in accordance with paragraph 8.
12. Excessive use of the Helpline is not permitted and may result in the service being withdrawn for particular callers. Telephone calls may be ended by the Helpline 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 the Helpline from you or generally at any time without notice.
13. We do not search our records to check if we have a conflict 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 will pass on information regarding the type of enquiry to your benefits provider (or scheme manager), but no further details shall be passed on. We may also be required by law to reveal certain information about you (including natural persons directly connected with you, such as directors and employees) 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 Scotland, the Lyons Davidson group of companies 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 Scotland 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, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 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.
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 and the anticipated period of storage. 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.
18. Telephone calls made through the Helpline may be recorded for monitoring and training purposes and shall be stored 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. …
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 the Helpline 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. Our liability to you shall further be limited to that proportion of the loss or damage (including interest and costs) suffered by you which is ascribed to us by a court of competent jurisdiction allocating proportionate responsibility to Lyons Davidson Scotland having regard to the contribution to the loss and damage in question of any other person. 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.
21. We expect that you will receive an efficient and effective service. In the unlikely event of a problem arising or your 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, Michelle Lennaghan at the address below.
22. If any provision of these terms & and 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.
23. Failure or delay by either party in enforcing or partially enforcing any provision of these terms & and conditions shall not be construed as a waiver of any of its rights under these terms & and conditions.
24. Any waiver by either party of any breach of or any default under any provision of these terms & and 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.
25. These terms & and conditions are not intended to and do not confer any rights on any third party.
26. The formation, existence, construction, performance, validity and all aspects of these terms & and conditions shall be governed by Scots Law and the parties submit to the exclusive jurisdiction of the Courts of Scotland.
27. We reserve the right to amend these terms & and 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. In the event of any conflict between these Terms & Conditions and your policy terms and conditions, the former shall prevail.
LYONS DAVIDSON SCOTLAND is the trading name of LYONS DAVIDSON SCOTLAND LLP.
Lyons Davidson Scotland LLP is a limited liability partnership registered in Scotland (registration number SO302969) whose registered office is situated at Enterprise House, 34 Earl Grey Street, Edinburgh EH3 9BN, UK and is regulated as a Multi National Practice by the Law Society of Scotland (registered number 38931). A full list of members is available for inspection at the registered office.
Telephone: 0131 344 0251
Fax: 0117 904 6006
VAT No. 100625274