Legal and Regulatory

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Terms & Conditions

We reserve the right to make changes to our terms and conditions at any time and any changes we make will be posted on this page and where appropriate notified to you by email.

We reserve the right to remove your right to use the site at any time without any reason.

Any queries relating to the above information contained in these terms and conditions or on the website should be addressed to the Chief Executive by post at our registered office or email at enquiries@berrysmith.com.

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Information about us

Berry Smith LLP is a Limited Liability Partnership, registered in England and Wales with registered number OC326121 whose registered office is at Haywood House, Dumfries Place, Cardiff, CF10 3GA. The term ‘partner’ is used to refer to a member of Berry Smith LLP or an employee of an equivalent standing.

A list of the members of Berry Smith LLP, (all of whom are solicitors) is displayed at the registered office. Address, contact and partner details for our offices can be inspected at our registered office or found on our website or by contacting 02920 345511.

Information pursuant to the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013) and the Provision of Services Regulations 2009 (SI 2009/2999)

This internet site is provided by Berry Smith LLP.

Berry Smith LLP is  authorised and regulated by the Solicitors Regulation Authority (SRA) and must comply with the SRA's requirements in force from time to time, including the SRA Code of Conduct 2011 and the  SRA Accounts Rules 2011. Both documents are contained in the SRA Handbook and can be accessed via the SRA's website: http://www.sra.org.uk/handbook.

The SRA is the independent regulatory arm of the Law Society of England and Wales, our professional body.

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Professional indemnity insurance

Berry Smith LLP maintains compulsory professional indemnity insurance cover. Our policy is placed with for the insurance year ending September 2014 with Hanover Limited.   We also have additional voluntary cover in place.    If you require further information relating to our insurance please contact enquiries@berrysmith.com.

Complaints and requests for information

We are committed to providing a high-quality legal service to all our clients. When something goes wrong we need you to tell us about it. This will help us to improve our service further.

If you have any complaint or concerns about our work or your bill, please raise them in the first instance with the person dealing with the matter.

If that does not resolve the problem to your satisfaction, or you would prefer not to speak to the person dealing with the matter, then please contact the partner with overall supervision of the matter. If the problem has still not been resolved to your satisfaction, please contact our Chief Executive by post at our registered office, by telephone, or by email ahoy@berrysmith.com and we will make our Complaints Procedure available to you.

The Legal Ombudsman, set up by the Office for Legal Complaints, deals with complaints against lawyers.  It is an independent complaints-handling body and operates a non-judicial dispute resolution procedure. If you are unhappy with the service that you receive from us or about a bill that we have raised and if we have been unable to resolve the complaint to your satisfaction, you can raise the matter with the Legal Ombudsman via the Legal Ombudsman's website www.legalombudsman.org.uk or telephone (0300 555 0333) or by email to enquiries@legalombudsman.org.uk or by writing to:

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ

The Legal Ombudsman service is only available to members of the public, very small businesses, charities, clubs and trusts.  Normally, you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us about your complaint or within six years of the act or omission about which you are complaining (or if outside of this period, within three years of when you should reasonably have been aware of it). 

You can also apply to the Court under Part III of the Solicitors Act 1974 for an assessment of our charges, and the Court may on such terms if any as the Court thinks fit order that the account be assessed. Every order for the assessment of the account shall require the Costs Officer to assess not only the account but also the costs of assessment, and to certify what is due to or made payable by us in respect of the account, and the costs of assessment. No such order can be made after the expiration of twelve months from the delivery of the account except in special circumstances and on such terms as regards costs of the assessment as the Court may think fit. Please see Section 70, 71 and 72 of the Solicitors Act 1974 for further details.

Where all or any part of the account remains unpaid, interest may be charged on the unpaid amount of the account (including any disbursements and VAT) relating to non-contentious work in accordance with The Solicitors' (Non-Contentious Business) Remuneration Order 2009 after the expiry of one month from delivery of this account, or from the date stipulated in Article 5 of the 2009 Order at a rate not exceeding the rate for the time being payable on judgment debts. This does not affect our right to charge interest in relation to all types of work in the event of non-payment within thirty days of issue of this account in accordance with our Terms of Business if they apply to you.

Contracts by electronic means

If you are a client with whom we have made a contract by electronic means, you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. Should you wish to do so that service can be found at http://ec.europa.eu/odr. Our email address for this purpose is ahoy@berrysmith.com    

 

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Website Use

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.  Access to our site is permitted on a temporary basis.  We may suspend, withdraw, discontinue or change all or any part of our site without notice.  We will not be liable to you if for any reason our site is unavailable at any time or for any period.

If you chose, or are provided with a user identification code and password, you must treat such information as confidential.  You must not disclose it to any other party.  Should you become aware that a third party has access to this then you must notify us immediately at enquiries@berrysmith.com.

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Reliance on material on the website

All content on this site is for general information purposes only and does not constitute legal advice.  The content of this site is not a substitute for professional legal advice.   Berry Smith LLP does not accept any liability, as far as is permitted by law, for any loss incurred due to the reliance on any material or content placed on this website or any sites linked to this site.

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Links to website

You may not link to our website without prior written permission of Berry Smith LLP.

Where our site contains links to other sites and resources provided by third parties, these links are provided for information only.

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Information about our use of cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.

Analytical/ performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences.

Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Except for essential cookies, all cookies will expire after 23 days.

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Data Protection & Privacy

For the purposes of the Data Protection Act 1998 (the Act), the data controller is Berry Smith LLP of Haywood House, Dumfries Place, Cardiff CF10 3GA.

We may collect and process the following data from you during your use of this site:

Information you provide by completing any forms on this site www.berrysmith.com. This includes when you register on the site, subscribe to a service, make a transaction or make a complaint.

We will keep a record of any correspondence that you send to us, via any means.

Your IP address, operating system and browser type may be collected; this is statistical data only and does not identify any individual.

 

Where do we store your data?

The data we collect from you may be transferred to, and stored at, a destination outside of the European Economic Area (“EEA”).  It may also be processed by staff operating outside of the EEA who work for us or for one of our suppliers.  Such staff may be engaged in, among other things, the fulfilment of your order, the processing of payment details and the provision of support services.  By submitting your personal data, you agree to this transfer, storing or processing.  Berry Smith LLP will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Transmission of information over the internet is not completely secure although we will do our best to protect your personal information we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.

 

What do we do with your information?

We will use your information to:

  • Provide you with the most effective presentation of our site;
  • Carry out our obligations arising from any contracts entered into between you and us;
  • Allow you to participate in interactive features of our service, when you chose to do so;
  • Notify you of changes to our service.

Disclosure of information

We may disclose your personal information to third parties:

In the event we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;

If Berry Smith LLP or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements or to protect the rights, property or safety of Berry Smith LLP, our customers, or others.  This includes exchanging information with other organisations for the purposes of fraud protection and credit risk reduction.

Your Rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking the appropriate boxes or alternatively contacting us on enquiries@berrysmith.com.

Our site may occasionally contain links to and from other websites.  If you follow a link to any of these websites please note that these will have their own privacy policy and that we do not accept responsibility or liability for these policies.  Please check these policies before you submit any personal data.

Access to information

The Data Protection Act gives you the right to access information held about you and this right can be exercised in accordance with the act.  Any access request maybe subject to a fee of £10 to meet our costs in providing you with the details we have. 

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Client Account Interest

Our fees already take into account, as an offset against overhead expenses, the retention of interest on client’s money held by us in the normal course of business.  If we are required to account for interest (other than in accordance with Law Society guidelines on the payment of interest to clients) we reserve the right to review the fees to be charged in that particular transaction.

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Anti-Bribery

Berry Smith runs a zero tolerance approach to bribery and corruption, and has policies for all staff in accordance with the Bribery Act 2010.  Our staff are required to comply with our Anti-Bribery and Corruption policy and are not permitted to receive or offer gifts, bribes or hospitality that could be construed as improperly influencing business decisions.

If you have any concerns in relation to the area please contact enquiries@berrysmith.com.

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Intellectual Property Rights

This website is created using copyright which is owned by us or used by us under licence.   You must not copy, use, reproduce, translate, distribute, transfer, modify, adapt or transmit the website in part or as a whole for any purpose.  Berry Smith LLP allows the printing of copies of material for your own personal use and provided that you retain a copyright mark on such copies and do not provide such copies to third parties or use them for the benefit of third parties.

The rights in all marks and logos presented on this site are owned or licensed by Berry Smith LLP and the unauthorised copying and use of them is strictly prohibited, except in the use of permitted copying, of the material on our website.

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Limitation of liability

Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

Use of, or inability to use our site;

Use of or reliance on any content displayed on our site.

 

If you are a business user, please note that in particular, we will not be liable for:

  • Loss of profits, sales, business or revenue;
  • Business interruption;
  • Loss of anticipated savings;
  • Loss of business opportunity, goodwill or reputation; or
  • Any indirect or consequential loss or damage.

If you are a consumer please note that we only provide our site for domestic and private use and you agree not to use our site for any commercial or business purpose and we have no liability to you except as expressly set out above.

We will not be liable for any loss or damage caused by virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We do not guarantee that your site will be secure or free from bugs or viruses and you are responsible for configuring your information technology, computer programmes and platform in order to access our site.  You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to our site.  You must not attach our site via a denial-of-service attack or a distributed denial-of service attack.  By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.  We will report any such breach to the relevant enforcement authorities and we will co-operate with those authorities by disclosing your identity to tem.

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Applicable law

Please note that these terms and conditions, its subject matter and its formation, are governed by English law.  You and we both agree that the courts of England and Wales will have the exclusive jurisdiction. 

Our terms and conditions of business are available on request please contact enquiries@berrysmith.com.

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