Terms and Conditions
1. IMPORTANT LEGAL NOTICE
1.1 YOU WILL BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS WHEN YOU ARE GRANTED ACCESS TO THE OPTIMA LEGAL PORTAL. PLEASE READ THEM CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SERVICES.
1.2 In these Terms we use the following expressions, which have the following meanings (unless otherwise stated):
1.2.1 "Optima Legal" or "we" means Optima Legal Services Ltd which trades under the name Optima Legal registered in England and Wales (registered number O5781608, VAT number 433794278) with its registered office at Suite 5a, West Village, 114 Wellington Street, Leeds, LS1 1BA and "our" shall be construed accordingly.
1.2.2 "Information" means all or any part of the information and other content that is delivered through the Services;
1.2.3 "Services" means the online services provided by Optima Legal from the Site from time to time, including without limitation the following: Conveyancing Quotations and Instructions; Conveyancing Case Tracking; Re-mortgage Instructions; Re-mortgage Case Tracking; Client Debt Matter Case Tracking; Repossession Debt Matter Case Tracking and such additional services as Optima Legal may offer from the Site from time to time;
1.2.4 "Site" means the Optima Legal portal located on the Internet at the URL https://my.optimalegal.co.uk/Remortgage;
1.2.5 "User Guides" means explanatory guides to the Services which are available on the Site; and
1.3 "you" or "User" means an individual, company, partnership or any other entity or organisation (whether or not having a separate legal personality) authorised by Optima Legal to use the Services in accordance with these Terms and "your"shall be construed accordingly.;
1.4 In these Terms, words denoting the singular shall include the plural and vice versa.
2. TERMS OF USE
2.1 These Terms set out the basis on which Users may access and use the Services provided by Optima Legal at the Site. They supplement, but do not alter in any way, any existing (and any subsequent) terms of engagement between you and Optima Legal for the provision of legal services, where you are a client of Optima Legal, which shall continue to be governed by any and all applicable client engagement letters, service level agreements, terms of business and other provisions (whether contractually binding or otherwise and whether in writing or otherwise) that govern or otherwise affect the arrangements between you and Optima Legal for the provision of legal services. For the avoidance of doubt, such other terms of engagement (as aforesaid), if any, shall (unless the context requires otherwise) apply, in addition to these Terms, to the provision of the Services.
2.2 By accessing the Site and using the Services, you are deemed to have accepted these Terms in full. If you do not accept these Terms, you must leave the Site immediately and not use the Services.
2.3 Optima Legal may change these Terms and the functions or facilities of the Site and/or the Services from time to time. By continuing to use the Site you will be deemed to have accepted such changes. You should check the Site from time to time to review the current Terms because they are binding on you.
3. USE AND USE RESTRICTIONS
3.1 Optima Legal grants you a worldwide, non-exclusive and non-transferable licence to access the Site and Services electronically and use the Information subject to these Terms. You may not grant a sub-licence of these rights to any other person or entity without Optima Legal's prior written consent.
3.2 You may access the Site and Services and use the Information only in the internal operation of your business to supplement all other legal services being provided to you by Optima Legal under your existing instructions.
3.3 The Information may not be reproduced other than when downloaded and viewed on a single computer terminal or printed out in hard copy form by you for your personal or internal business use only, provided always that any graphics and/or proprietary notices contained within the Information are not modified in any way. The Information is not to be made available on a network or otherwise reproduced, stored or transmitted to any other site or included in any public or private electronic retrieval system without Optima Legal's prior written permission. All other rights are reserved.
3.4 The pdf file containing the copy or official copy of register entries has been provided for your information purposes only and it is not to be shared or reproduced beyond your personal use.
3.5 You may not:
3.5.1 except as permitted under these Terms, alter, modify, copy, reverse engineer, perform, distribute, transmit, display, publish, licence, create derivative works from, transfer or sell any content, software, information, or products made available on the Site or by way of the Services;
3.5.2 use or permit third parties to use any device, software or routine in a way which interferes, or attempts to interfere, with the proper working of the Site and/or the Services;
3.5.3 take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site and/or the Services; or
3.5.4 post or transmit to or from this Site and/or the Services any material:
3.5.4.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
3.5.4.2 for which you have not obtained all necessary licences and/or approvals;
3.5.4.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or;
3.5.4.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.5.5 Optima Legal may terminate your access (temporarily or permanently) to all or any part of the Site and/or the Services immediately without notice if you are in breach of any of these Terms.
4. SERVICES AND ACCESS
4.1 The Services are provided from the Site which is a secure web portal operated by Optima Legal. Optima Legal may at any time modify and/or withdraw the Services.
4.2 Whilst Optima Legal will use all reasonable skill and care in providing the Services and the Information and making them available for access from the Site, you acknowledge that access to them may not be uninterrupted and that the Information may not be error free and reception could be subject to delays as a result of routine or emergency maintenance, failures attributable to your computer equipment or network and circumstances beyond Optima Legal's reasonable control, including without limitation failure of telecommunications links, power and utilities failure and the fact that the Services are being provided by means of the public Internet.
5. USER NAMES AND PASSWORDS
5.1 You may only access the Services if you have registered and been allocated a username and password. You acknowledge and accept that instructions and actions transmitted via the Site will be deemed to have originated from you if the correct username or password have been used.
5.2 You may not share your user name and password with any other unauthorised person. Optima Legal reserves the right to reset passwords and/or issue new usernames at any time upon notice to you.
5.3 You may not disclose any password to any person but shall keep it secret at all times.
5.4 You will notify Optima Legal if you know or suspect that any other person has become aware of your username and/or password.
5.5 Responsibility for the security of usernames and passwords issued rests with you
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All intellectual property rights in the Site, the Services and the Information including without limitation the design, text, graphics, know-how, and selection and arrangement thereof, the User Guides and all software compilations, source code, software and databases contained with the Site and/or the Services are owned or validly licensed to Optima Legal and the User acquires no rights in them.
6.2 Optima Legal is the owner of or has the right to provide the Information through the Services. You will not acquire any intellectual property rights in the Site, Services or the Information. Any infringement by you of Optima Legal's rights may result in legal action.
7. CONFIDENTIALITY
7.1 The Services permit Optima Legal, in accordance with our Privacy Policy (9.1 Privacy Policy), and Users to transmit, display, publish and share information including confidential information. You warrant that you will take all necessary precautions to ensure that such information is kept confidential. This does not apply to any information which is or becomes public knowledge, other than by breach of this clause, or is required to be disclosed by law.
8. WARRANTIES, LIABILITY AND INDEMNITY
8.1 Whilst Optima Legal endeavours to ensure that the Information is correct, Optima Legal does not warrant its accuracy and completeness or that it will be error-free. Optima Legal will endeavour to correct errors and omissions as soon as practicable after becoming aware of them but does not accept liability for them.
8.2 Optima Legal does not warrant that the Site or the Services will operate without errors or computer viruses. Optima Legal will not be liable for any data lost or any equipment or software replaced by you as a result of accessing the Site and using the Services.
8.3 The Site, Services and Information are provided to you "as is" without any conditions, warranties or other terms of any kind. Accordingly to the maximum extent permitted by law, Optima Legal excludes all representations, warranties, conditions and other terms whether express or implied by statute, common law or otherwise.
8.4 Optima Legal does not limit its liability to you for death and personal injury caused by its negligence nor shall these Terms be construed so as to impose any limitation or exclusion of liability that is expressly prohibited by law. For the avoidance of doubt, and subject to the above, any liability in contract or tort or under statute or otherwise, howsoever caused (including negligence), for loss or damage arising from or in connection with the Site, Services and/or Information shall be subject to any limitation of liability contained in any terms of engagement (in whatever form) between you and Optima Legal for the provision of legal services.
8.5 In no event shall Optima Legal be liable to you for any indirect, special, incidental or punitive or consequential losses or damages (including third party claims, loss of profits, revenue or goodwill) suffered by you or any third party howsoever caused, including any loss or damage suffered by you as a result of an action brought by a third party) arising in relation to the Site, Services and/or Information (including any errors, inaccuracies or omissions in the Information or any faults, interruptions or delay in connection with the Site and/or Services) or any transaction made in reliance on the Information or in connection with the Services.
8.6 You will indemnify Optima Legal against any loss, damage or expense incurred by Optima Legal arising out of your misuse of the Site, Services and/or Information.
9. PRIVACY POLICY
9.1 Your privacy is important to us. Optima Legal's Privacy Policy forms part of this Agreement . By agreeing to these Terms you consent to Optima Legal handling the personal data you may provide in using and accessing the Site and the Services as described in the Privacy Policy.
10. TERMINATION
10.1 Optima Legal may terminate your access to the Site, Services and/or Information immediately without notice if you are in breach of any of these Terms.
11. GENERAL
11.1 A person who is not party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
11.2 Delay or failure by Optima Legal in enforcing these Terms will not constitute a waiver by Optima Legal of its rights or remedies.
11.3 If any part of these Terms is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining provisions will not be affected.
12. GOVERNING LAW AND JURISDICTION
12.1 These Terms will be governed by and construed in accordance with English law and both Parties submit to the exclusive jurisdiction of the English courts.
13. INTERNET POLICY
We will send correspondence by email but at the present time, the Internet is unregulated. This means:
13.1 We cannot guarantee that information given and received over the Internet will not be read and received by third parties
13.2 There is also no reliable method of guaranteeing e mails sent either by you or by us will be received, will arrive at a given time or will arrive at an email box accessible by someone other than the named recipient. If an email is urgent you should telephone to confirm receipt.
13.3 There is no guarantee that the sender of the email is genuine, as the path of the email cannot be audited.
13.4 You should be aware that emails, which contain attachments, may contain viruses. The following disclaimer and warning is attached to all Optima Legal Limited emails. Please read this carefully:
"The contents of this email and any attachments are strictly confidential and may be legally privileged. The email and its attachments may be read, copied and used only by the intended recipient. If this email is received in error and you are not the intended recipient, please contact Optima Legal via email: info@optimalegal.co.uk, quoting the name of the sender and the email address to which it has been sent and then delete all copies of this email, ensuring you do not read, copy or disclose its contents to anyone. Copyright reserved.
Please note that neither Optima Legal nor the sender accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments.
Optima Legal is a trading name of Optima Legal Services Ltd, registered in England and Wales (registered number 05781608, VAT number 433794278). A list of the Directors and Shareholders is open for inspection at its registered office: Suite 5a, West Village, 114 Wellington Street, Leeds, LS1 1BA.
Authorised and regulated by the Solicitors Regulation Authority."
13.5 All emails have the same legal effect as a letter or fax and we will act on your instructions received by email. By adding your email address and signing the declaration contained in the questionnaire you are accepting the risks and authorising us to correspond with you by email.
13.6 Optima Legal maintains compulsory professional indemnity insurance , details of which are available for inspection at our registered office.