Brodies LLP ("Brodies") is a limited liability partnership (incorporation no: SO300334) incorporated under the Limited Liability Partnership Act 2000 and having its registered office at 15 Atholl Crescent, Edinburgh EH3 8HA, Scotland, UK.
Contents

These are the terms and conditions (these "Terms") which apply to the use of the Site by you.

A. Copyright, Trade Marks and Domain Names

1 Copyright

1.1 The material on the web site (the "Site") which can be accessed via the urls www.brodies.com, www.brodies.co.uk and www.brodies.eu is protected by copyright and/or database right throughout the world and is owned by Brodies.

1.2 You may read, print and download it for private use.

1.3 You may not commercialise or otherwise copy it without our permission.

2 Trade Marks

"Brodies" is a registered trademark of Brodies.

3 Domain Names

The domain names www.brodies.com, www.brodies.co.uk and www.brodies.eu are the property of Brodies.

4 Further information

For copyright, trade mark and domain name enquiries please email: mailbox@brodies.com.

B. General Terms and Conditions of Use of the Site

These are the Terms which apply to the use of the Site by you.

5 Use of Web Site on these Terms

5.1 All use of the Site is on these Terms.

5.2 If you do not agree to these Terms, you must cease use of the Site immediately.

5.3 You may print and keep a copy of these Terms. They are a legal agreement between us and you and can only be modified with our written consent. We reserve the right to change these Terms at any time at our discretion, by publishing an amended version of these Terms on the Site.

6 Accuracy of Information and Disclaimer

6.1 We do our best to ensure all information on the Site is accurate.

6.2 If you find any inaccurate information on the Site let us know and we will correct it, where we agree that it is inaccurate, as soon as practicable.

6.3 We make no representations that information on the Site is accurate and up to date or complete and accept no liability for any loss or damage caused by the inaccuracy or incompleteness of information on the Site.

6.4 Although we hope the Site will be of interest to users, we accept no liability and offer no warranties in relation to it and its content, to the fullest extent such liability can be excluded by law.

6.5 We reserve the right to modify, restrict access to or close the Site, or any part of it, at any time.

7 Restrictions on Use

7.1 The Site contains copyright material, trade names and other proprietary information, including but not limited to text, software, photos, graphics and may in future include video, music and sound. The entire contents of the Site are protected by copyright law. We, or our licensors, own copyright and/or database right in the selection, co-ordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the content, in whole or in part, except as provided in these Terms. See the copyright notice on our Site.

7.2 You may download information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the downloaded material will be permitted without our express permission and that of the copyright owner where we don't own the copyright. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice will be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.

7.3 You will comply in your use of the Site with all laws applicable to you and with all reasonable instructions that we issue to you (in any form and by any means).

7.4 Where appropriate we provide hypertext links on the Site to other sites that are operated by other people. Using such a link (or otherwise navigating to any of those sites) means you are leaving our Site and we take no responsibility for, and give no warranties, guarantees or representations in respect of, any of those other sites.

8 Linking

8.1 Appropriate organisations are welcome to create a link to the Site with the following proviso:

  •    the destination of the link must correctly acknowledge Brodies; and
  •    the manager of the Site, Kirsty Martin, should be informed by email at kirsty.martin@brodies.com.

8.2 If we request at any time that you take down any link to the Site, you agree that you will take it down immediately.

9 Our liability

9.1 The information on the Site is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making any specific decisions or taking (or refraining from taking) any action. If you wish us to give such advice, please contact the relevant contact partner.

9.2 We provide all information on the Site free of charge and we accept no liability for the information provided.

9.3 We are a distributor (and not a publisher) of content supplied by users of the Site and other third parties. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement expressed, given or made by any such third party and made available on or through the Site.

10 Legal Jurisdiction and Dispute Resolution

10.1 Scots law will apply to these Terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the Scottish courts will have exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with these Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the Scottish courts. The place of performance of the agreement made on these Terms will be Scotland.

10.2 We make no warranty or guarantee that the Site or information available on or through it complies with laws other than Scots law.

11 General

11.1 Failure by us to enforce a right does not result in waiver of such right.

11.2 If any of these Terms are held to be invalid or unenforceable by any court having authority to determine such issues, the remaining terms of this agreement will not be affected.

11.3 You may not assign or otherwise transfer your rights or obligations under this agreement, nor sub-license your rights, nor sub-contract your obligations under this agreement.

C Privacy policy

16 Online privacy practices

16.1 Your right to privacy is important to us. We are keen to strike a fair balance between your personal privacy and ensuring you obtain full value from the internet and other products and services we may be able to offer to you.

16.2 We are fully registered under the Data Protection Act 1998 and ensure we comply with all protection the Act affords to you. Further information on the Act is on the internet at www.ico.gov.uk.

16.3 You have various rights under data protection law in relation to the personal information we process about you. These include rights of access, rectification, erasure and data portability as well as the right to object to the processing.

17 Collection of your personal information

17.1 We may collect information about you through the Site as follows:

17.1.1 where you subscribe to receive any of our legal updates or other publications or to attend any seminars or other events which we are running;

17.1.2 where you apply to register as a member of our Alumni network;

17.1.3 where you have successfully registered as an Alumni Network Member and you submit information to us through the Alumni section of the Site;

17.1.4 where you complete any online questionnaire on the Site or otherwise submit any comments or queries to us through the Site;

17.1.5 in the form of our web logs, which consist of information about Site traffic and usage;

17.1.6 through our use of cookies (see paragraph 20 of these Terms); and

17.1.7 where we contact you further in any manner in connection with any of the above.

17.2 This Privacy Policy describes how we will retain and use that information (your "personal information").

18 Use of your personal information

18.1 General

We will use your personal information:

  • to ensure that the content of the Site is presented in an effective manner to you, through your computer;
  • to analyse user activity on the Site with a view to assessing and improving content and performance; and
  • to provide you with any legal updates or other publications, information or services which you have requested from us and for correspondence and other general administrative purposes in relation thereto.

18.2 Marketing materials about Brodies

Where you have given us consent to process your personal information for marketing purposes in the Brodies preference centre, we will retain your information to provide the updates and communications you have requested.  

Where you withdraw your consent by unsubscribing we will stop sending marketing updates and communications but will retain a record that you have unsubscribed so that we do not inadvertently send them to you in the future.

18.3 Disclosure of your personal information

We may pass your personal information to any or all of the following parties:

18.3.1 any contractor appointed by us to process that information on our behalf, including (but not limited to) any such contractor to which we have outsourced the operation of any part of our business or business infrastructure or which we have appointed to provide services to support any part of our business or its infrastructure;

18.3.2 any prospective and/or actual buyer of any or all of the business and/or assets of Brodies;

18.3.3 any third party to which we are legally obliged to disclose your personal information, including but not limited to the police or any court of competent jurisdiction; and

18.3.4 our professional advisers for the purposes of taking advice about our rights and obligations.

19 Retention and disposal of your personal information

19.1 We will retain your personal information for so long as we reasonably require it in light of the purpose(s) for which we are holding it and all relevant legal, commercial and operational considerations.

19.2 You understand that removal of any personal information from the Alumni section in accordance with paragraph 15.3 of these Terms will not affect our continued retention of any of that information in accordance with paragraph 19.1.

20 Cookies

20.1 We use cookies and similar technologies on the Site. Cookies are small text files stored on your device and used by website operators in order to make websites work, or to improve your user experience, as well as to provide information to the operators of the website or certain third parties.

20.2 Our cookies policy explains how we use cookies and other similar technologies on the Site. We recommend that you read our cookies policy so that you are aware of how we use them and can take steps to reject or delete the cookies if you do not agree to them being used.

20.3 Please note that certain sections of the Site may not work if you reject our cookies. You can find out more in our cookies policy.

21 Security

We follow strict security procedures in the storage and disclosure of personal information in order to ensure compliance with all applicable legal requirements, including by taking all reasonable steps to prevent unauthorised access to your personal information. Please be aware though that communications over the internet are not secure unless they are encrypted, and we do not accept responsibility for any unauthorised access to or loss of personal information due to circumstances beyond our control.

22 Updating and other correction of personal information

22.1 If you become aware that any of the information which we hold about you is out of date or otherwise inaccurate, please inform us by sending an email to publications@brodies.com

22.2 We will update or otherwise correct your personal information or otherwise deal with your query (as appropriate) as soon as reasonably practicable.

23 Other sites

This Privacy Policy only covers the Site. Other web sites mentioned on the Site, whether by way of hypertext link or otherwise, are not covered by this Privacy Policy.

24 Online Payment Terms

Introduction

Brodies offers an online payment facility to:

• pay a Brodies invoice ;
• make a DART online payment in relation to sums owed to third parties, where you have been contacted by Brodies’ Debt & Asset Recovery Team.

Using our secure payment system, your payment will be processed and you will be issued with a payment confirmation receipt e-mail.

Where you opt to make a payment by credit card, a 2% surcharge shall apply. No surcharge is applied to payments made using a debit card.

By making a payment using the online payment facility, you agree to be bound by these terms (these “Terms”), and any other terms applicable to the online payment facility. If you do not accept these Terms and other such applicable terms, then you should not use the online payment facility.

24.1. Payment

Any payment made using the online payment facility normally takes a minimum of two (2) working days to reach our account.

Payments made using the online payment facility can only be accepted by us with authorisation from the cardholder. By making a payment using the online payment facility, you confirm that you are either the cardholder, or you otherwise have the cardholder’s permission to make the payment.   

We accept the following cards: Visa Credit, Visa Debit, Visa CPC, MasterCard, MasterCard Debit, MasterCard One Card and Electron, Maestro & JCB. We do not accept the following cards: Amex.  

24.2. Your information and security of Details

When using our online payment facility, you will be redirected to a site powered by Worldpay who will process your payment card details and take payment. For more information on Worldpay please visit http://www.worldpay.com/

Any personal information which is entered in the online payment facility will be used in accordance with our Privacy Policy. However, in order for Worldpay to process your payment, we will need to share with Worldpay certain information that you provide to us.

Your payment card details are handled exclusively by Worldpay and are not stored within our system.

For more information on how Worldpay will process your card details, please view its privacy policy. For the avoidance of doubt, by agreeing to these Terms, you also agree to be bound by the terms of Worldpay’s privacy policy.

24.3. Restrictions

The online payment facility can be used in respect of invoice payments only. It cannot be used to make other payments or transfers of funds, such as a balance of purchases monies on a transaction.

24.4. Liability

It is your responsibility to ensure that payments are made by any specified due date for payment and that the correct information is entered by you when using the online payment facility. Accordingly, to the extent permitted by law, are not liable in any way whatsoever for us not receiving payment (or being unable to allocate your payment) as a result of:

• you quoting an incorrect invoice number or incorrect personal details;
• your payment being declined or in any way refused by your credit/debit card provider for any reason. You should be aware that we will not be notified of such declined or refused payment. It is your responsibility to check with the credit/debit card provider that payment has been made successfully; or
• any failure or delay by Worldpay or any other third party or the unavailability of or interruption to the online payment facility.
Where you believe that you have erroneously made a payment or overpaid any amount due, please contact us immediately on the details below. Our team will investigate the matter and, if appropriate, arrange for the erroneous or overpayment to be refunded. Any such overpayment must be refunded to the card that was originally used to make the overpayment, and any such refunds are entirely at the discretion of our management.

In order that any refund queries can be dealt with as efficiently as possible, please have the following information to hand when you contact us:

• the full name of the person who made the original payment;
• the details of the card used to make the original payment;
• the amount you are seeking to be refunded;
• the (approximate) date and time of the original payment; and
• the relevant invoice number.

24.5. Contact

If you have any queries regarding our online payment facility, including any payments made using our online payment facility, please contact the Cashroom team on 0141 248 4672 or email cashroom@brodies.com  

E Further Information

25 Information and contact details

25.1 If you wish to contact Brodies in connection with any processing of your personal information, or to exercise any of your rights, then the relevant contact is Grant Campbell who is Brodies’ data protection officer. Grant may be contacted at grant.campbell@brodies.com or on 0131 228 3777.

25.2 If you are unhappy with how we are processing your personal information, you have the right to complain to the Information Commissioner’s Office (ICO). Details for the ICO can be found at https://ico.org.uk/concerns/handling/.

25.3 You may inspect a list of all members of Brodies LLP at 15 Atholl Crescent, Edinburgh EH3 8HA, Scotland, UK. We are regulated by the Law Society of Scotland (www.lawscot.org.uk).