WHO WE ARE AND OUR CONTACT DETAILS
We are The Wilkes Partnership LLP, a limited liability partnership (Registered no OC364479) with its registered office at 41 Church Street, Birmingham B3 2RT England ("we"/"us”/“our"). We are Solicitors in England and Wales, authorised and regulated by the Solicitors Regulation Authority. Our SRA ID is 562799 and our VAT number is GB 110 8330 21. We hold professional indemnity insurance, details are available upon request. We have agreed to provide you or the organisation that you represent ("you"/"your”) with “Speak to an Adviser” services under these initial terms of engagement (“Speak to an Adviser Terms”) via the www.farill.io website (the “Website”) operated by Farillio Limited (“Farillio”), although Farillio shall not be a party to these Speak to an Adviser Terms. If we agree to offer you additional services we will require you to engage as a client under our standard terms of engagement, which shall override this agreement to the extent they are inconsistent.
To contact us, please email firstname.lastname@example.org or call on 0121 233 4333.
ACCEPTANCE OF THESE SPEAK TO A LAWYER TERMS
Please read these terms carefully. By using the Website and selecting the “I have read and accepted the partner terms and conditions” check-box, you confirm that you accept these Speak to an Adviser Terms on your behalf and that you agree to comply with them. If you do not agree to these Speak to an Adviser Terms, you must not use our services or the Website. We recommend that you print a copy of these Speak to an Adviser Terms for future reference.
OTHER TERMS THAT APPLY TO YOU
These Speak to an Adviser Terms also incorporate the following additional terms, which also apply to you:
By placing an order through the Website you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old; and
- if we are required by law to obtain satisfactory evidence of your identity and address you have complied with the AML/KYC process facilitated via the Website.
You confirm that all information provided by you is complete, accurate and up-to-date.
OUR CONTRACT WITH YOU
You have made an order for the Speak to an Adviser services via the Website for the period of time set out in the order (“Order(s)”). Farillio manages the booking of appointments with us for the Speak to an Adviser service on our behalf. Our acceptance of your Order will take place when we let Farillio know we’ve accepted it and Farillio confirms to you on our behalf, that we have accepted your Order (“Order Confirmation”). If we are unable to accept your Order, we will notify Farillio, who will inform you of this and they will refund any charges paid by you for the Order. Once your Order is confirmed, if you cannot attend your scheduled appointment with Us at the allocated time slot you may be required to forfeit your fee as set out in the “Your Rights to Amend Bookings” section below.
By way of summary, you will receive the following service during the Speak to an Adviser session (or as described on the Website):
- Farillio will facilitate the booking of the Speak to an Adviser session and will liaise between you and our designated lawyer; and
- A lawyer will engage with you during a Speak to an Adviser session (by phone or other appropriate communication method, e.g. Skype). This lawyer will attempt to provide an initial opinion, including constructive feedback, and (if relevant) suggestions regarding potential alternative support and/or alternative course(s) of action, which you may decide to pursue at your own discretion and risk. Further substantive legal advice is excluded from this session. If you would like further legal advice from our lawyer, you will be required to sign up as our client and our standard terms of engagement will apply to our firm’s relationship with you from then onwards.
Subject to Our acceptance of the order and the other provisions of these Speak to an Adviser Terms, we hereby grant to you a personal, non-exclusive, non-transferable right to access for your own internal business use:
- Speak to an Adviser legal advisory session(s) as ordered via the Website (the “Speak to an Adviser Session(s)”); and
- such information that may be made available through or on the Website as part of the Speak to an Adviser Session(s) (including any information, advice, or recommendations).
on the date(s) you have selected when making your booking on the Website.
Unless expressly stated on the Website or as permitted by law, you shall not:
- attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the software used to provide the Speak to an Adviser Session(s) in any form or media or by any means or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software used to provide the Speak to an Adviser Session(s);
- access, copy or use all or any part of the Speak to an Adviser Session(s) in order to build a product or service which competes with the Speak to an Adviser Session(s);
- disrupt or attempt to interfere with or disrupt the use of the Website of the Speak to an Adviser Session(s) by others;
- use the Website or the Speak to an Adviser Session(s) to provide or create legal and/or mentoring services or sessions to or for unauthorised third parties;
- license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Speak to an Adviser Session(s) available to any unauthorised third party;
- attempt to obtain, or assist unauthorised third parties in obtaining, access to the Speak to an Adviser Session(s);
- misuse the Website by knowingly, recklessly or wilfully introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website; and
- record the Speak to an Adviser session without our prior consent in writing.
Without prejudice to the above, if permission to download, copy, print or store any content is expressly stated on the Website, you must not edit, adapt or alter the content, and neither are you permitted to conceal, obscure, alter or remove any trade mark or copyright notices featured on the content or use the content for any unauthorised purposes.
Any Order you purchase and our charge for any such Order shall be set out in our Order Confirmation and on our Website. You must pay for your Order in advance at the time of placing your order with us.
The amount of fees payable for ordering Speak to an Adviser Session(s) on the Website may be changed at any time, but changes will not affect bookings you have already made on the Website.
Payment is made via the chosen third-party payment provider by credit or debit card (e.g. Stripe) and must be made in full prior to the start date of your Speak to an Adviser Session(s). The third-party payment provider accepts most major debit and credit cards.
YOUR RIGHTS TO AMEND BOOKINGS
If you wish to make a change to a previously booked Speak to an Adviser Session(s), you can request this on the Website. If you do not attend your Speak to an Adviser Session, at the allocated time slot, You shall forfeit the applicable fee. However, you may cancel a booked appointment at least 4 hours in advance without forfeiting the fee, provided that if you cancel within 4 hours of the appointment, Farillio shall attempt to reschedule a suitable alternative time, at its discretion, and the applicable fee shall still be payable. As soon as any changes to the booking are confirmed by Farillio on our behalf, these changes will be notified to you on the Website.
YOUR RIGHTS TO END THE CONTRACT
To cancel your Order you must inform us by contacting us via the Website or by email at email@example.com.
You may cancel your purchase of an Order within a 14-day period commencing the day after Farillio sends you the Order Confirmation. You will be entitled to a refund of the charges paid. However, if you book a Speak to an Adviser Session within such 14-day period, you will be liable for payment for the Speak to an Adviser Session (that you accessed or that was made available for you to access) up until the time that you tell us that you wish to cancel, subject to your rights to amend bookings as set out above. We shall be entitled to deduct from any refund, an amount for any Speak to an Adviser Session(s) actually received, and an administration fee for any booking for a Speak to an Adviser Session made but cancelled before you attended.
You may also cancel the contract with us immediately for the reasons set out below, (and if these occur, we will refund you in full any charges paid for Orders you have not used, and for Speak to an Adviser Sessions you have booked that were to be delivered following cancellation):
where we have told you about an upcoming change to these Speak to an Adviser Terms which you do not agree to;
where we have told you about an error in our charges or description of the Website or services you have ordered and you do not wish to proceed;
where there is a risk that access to the Website or the provision of any services may be significantly delayed because of events outside our control;
where access to the Website is suspended for technical reasons, or you are notified access is suspended for technical reasons, in each case for a period of more than ten days; or
where you have a legal right to end the contract because of something we have done wrong.
OUR RIGHTS TO AMEND BOOKINGS
Farillio have the right to amend a previously booked Speak to an Adviser Session at any time by emailing or calling you using the contact details you gave to them at the time of booking.
If you object to a change we make to your Speak to an Adviser Session, you may cancel the Speak to an Adviser Session and will be entitled to a refund of charges paid by you for the Speak to an Adviser Session. As an alternative, we may also offer you another Speak to an Adviser Session (or the same Speak to an Adviser Session but on different dates), subject to the payment or refund of any difference in charges.
Any refund due to you will be made within 14 days of the cancellation date. The same payment method that you used to make your booking will be used to make your refund, unless otherwise expressly agreed with you. If the charges were paid by credit or debit card, such card will be credited with the appropriate amount.
OUR RIGHTS TO END THE CONTRACT
In the event of an actual or potential breach by you of any provisions of these Speak to an Adviser Terms, we shall have the right to terminate your access to the Speak to an Adviser Session(s) with immediate effect (whether upon notification by us or Farillio) with no further liability to you.
You are responsible for ensuring that all persons who access the Website (including the Speak to an Adviser Sessions(s)) through your internet connection are aware of these Speak to an Adviser Terms and all other applicable terms and conditions, and you shall be responsible for ensuring that such persons comply with them.
You acknowledge and agree that we, Farillio and/or our licensors own all intellectual property rights in the Speak to an Adviser Session(s) and their content. Except as expressly stated herein, you are not granted any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Speak to an Adviser Session(s) and/or their content.
WE MAY MAKE CHANGES TO THESE SPEAK TO A LAWYER TERMS
We may amend these Speak to an Adviser Terms from time to time. Every time you wish to use the Website, please check these Speak to an Adviser Terms to ensure you understand the up to date provisions that apply at that time.
CHANGES TO THE SITE
The Website may be changed from time to time to reflect changes in relevant laws and regulatory requirements, to provide new functionality or services on the Website, to change the legal advisers who are available to provide the Speak to an Adviser Sessions, to amend the Orders needs for Speak to an Adviser Sessions and/or according to our own business requirements and priorities. Please note, we do not operate the Website and therefore such changes may be outside our control.
The fees you pay to us for the Speak to an Adviser Session will be shared between us (90%) and Farillio (10%), who is also entitled to a referral fee (of 10%) in respect of any services subsequently purchased by you from us outside of any Speak to an Adviser Sessions. You hereby consent to us providing Farillio with details of the final fees paid by you to us so that the applicable referral fee can be calculated. You acknowledge that Farillio is not a Claims Management Company and therefore cannot accept referral fees for your personal claims as an individual for personal injury, mis-sold financial products and services, employment and redundancy claims as an employee, criminal injury, industrial injury, and housing disrepair.
We cannot be responsible for any delays, delivery failures, or any other loss or damage resulting from any communications networks and facilities, including the internet, and you acknowledge that the Speak to an Adviser Session(s) may be subject to limitations, delays and other problems inherent in the use of such networks and facilities.
WE ARE NOT RESPONSIBLE FOR THIRD PARTY WEBSITES OR RESOURCES
We do not endorse or approve the content of any third-party websites, including any website operated by our third-party payment provider, nor the content of any of the third-party websites made available via the Website as we have no control over the content of those sites. To the fullest extent permissible by applicable law, we shall have no liability or obligation whatsoever to you in relation the content of third party websites made available by via the Website, or any transactions completed, or any contract entered into by you with any such third party. Any contract entered into, and any transaction completed, with any third-party is between you and the relevant third party.
EVENTS OUTSIDE OUR CONTROL
Farillio will try to contact you as soon as reasonably practicable if your access to the Speak to an Adviser Session(s) is likely to be delayed by an event(s) outside of our reasonable control. Farillio will take reasonable steps to minimise the delay but we are not liable for delays caused by such event(s). If there is a risk of substantial delay you may contact Farillio to cancel the affected Speak to an Adviser Session(s) and receive a refund for any Speak to an Adviser Session(s) you have paid for but cannot access due to such event(s).
This Website may include information and content uploaded by Farillio and/or other users of the Website. Such information and content may not have been verified or approved by us.
When you upload or post content to the Website, you grant us the right to share content between our legal advisers in relation to the provision of your requested Speak to an Adviser Sessions.
You warrant you have the right to grant us the licences set out above in relation to any of the content you upload or post on the Website.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
LIMITATION OF LIABILITY
Any advice given under these Terms is provided solely for the purpose of the matter and to you and, without our prior written consent, may not be used for any other purpose or disclosed to any other person other than your other advisers (who may not rely on such advice). You agree not refer to us, or to our advice in any public document or communication without our prior written consent.
You agree that our total liability, (of whatever nature, whether in contract or tort (including negligence), under statute or otherwise), to you and to all (if any) other persons who may have the benefit of or rely on our work, for losses arising from or in any way connected with the matter in question, shall in no circumstances exceed £3,000,000.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
HOW WE MAY USE YOUR PERSONAL INFORMATION
You agree that we have the right to transfer data that we collect from you to a destination outside the European Economic Area ("EEA") as necessary for you to use the Website and receive Speak to an Adviser Sessions.
If you expressly agreed to this during the booking process, we may use your contact details to provide you with information about similar products or services that we offer, but you may stop receiving this at any time by contacting us.
Please address any questions, comments and requests regarding our data processing practices to us at firstname.lastname@example.org or call on 0121 233 4333
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Speak to an Adviser Terms to another organisation If that occurs you will be notified as soon as reasonably practicable.
This agreement is between you and us. No other person shall have any right to enforce any of these Speak to an Adviser Terms. Neither of us will need to get the agreement of any other person in order to end the agreement or make any changes to these Speak to an Adviser Terms.
Each of the paragraphs of these Speak to an Adviser Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Speak to an Adviser Terms, or if we delay in taking steps against you in respect of your breach of these Speak to an Adviser Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
APPLICABLE LAW AND JURISDICTION
These Speak to an Adviser Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction
We are committed to the provision of high quality legal advice and client care. If you are unhappy about any of the services you have received from us or about the bill, please let the lawyer you have dealt with know or if you prefer Aaron Keene on 0121 233 4333 or email to email@example.com or by post to 41 Church Street Birmingham B3 2RT. If you are a client of Aaron Keene or unable to contact him, our Senior Partner Nigel Wood, will be the person to whom you should address any issues.
A copy of our firm’s complaints procedure and our terms of business document, (which also sets out details of the complaints handling process operated by the Legal Ombudsman and your entitlement to have bills assessed by court) is available on request.