Website Terms of Use

Last updated on June 22nd, 2020 at 12:07 pm

This page (together with the documents referred to on it) sets out the terms of use on which you may make use of our website, www.jonathanlea.net (“Our Site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use Our Site. By using Our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using Our Site.

1.       Information About Us

1.1     Our Site is owned and operated by Jonathan Lea Limited, trading as “The Jonathan Lea Network” (“We” / “Us”). We are a limited company registered in England and Wales with company number 07663357 and have our registered office at John de Mierre House, Bridge Road, Haywards Heath, England, RH16 1UA. We are a law firm that is regulated by the Solicitors Regulation Authority (“SRA”) and our SRA ID is 657651. Our VAT number is 281157211.

1.2     The primary purpose of Our Site is to share information on commercial issues with a view to fostering and developing valuable relationships. We provide content (which We regularly review and update where necessary) on all aspects of business, including law, finance and marketing. All such content is made available subject to the disclaimers and limitations of liability detailed in these terms of use.

2.       Accessing Our Site

2.1     Access to Our Site is free of charge and is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if for any reason Our Site (or any part of it) is unavailable at any time and for any period.

2.2     From time to time, We may restrict access to Our Site (or any part of it), to users who have registered with us.

2.3     If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

2.4     When using Our Site, you must comply with the provisions of our acceptable use policy outlined at term 3 below.

2.5     It is your responsibility to make any and all arrangements necessary in order to access Our Site, while you are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms, and that they comply with them.

3.       Acceptable Use Policy

3.1     Your use of Our Site means that you accept, and agree to abide by, all of the terms contained within this acceptable use policy.

3.2     You may use Our Site only for lawful purposes. You must not use Our Site:

(a) In any way that breaches any applicable local, national or international law or regulation;

(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, or infringes any third party rights;

(c) For the purpose of harming or attempting to harm minors in any way;

(d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards outlined in terms 3.8 and 3.9 below;

(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (i.e. spam);

(f) To distribute computer viruses, malware, spyware or any other form of code designed to cause harm or nuisance to hardware or software or to obtain data without consent; or

(g) In any way which may put Us in breach of a contractual or other obligation owed by Us to any third party (including any Internet Service Provider / “ISP”); or

(h) To link to any other websites or systems hosting any material described above.

3.3     You also agree:

(a) Not to reproduce, duplicate, copy or re-sell any part of Our Site in contravention of these terms of use;

(b) Not to access without authority, interfere with, damage or disrupt:

(i) any part of Our Site;

(ii) any equipment or network on which Our Site is stored;

(iii) any software used in the provision of Our Site; or

(iv) any equipment, network or software owned or used by any third party.

3.4     We may from time to time provide interactive services on Our Site, including, without limitation, discussion forums and blogs (“Interactive Services”). Where We do provide any Interactive Services, We will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

3.5     We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Services provided on Our Site, and We will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in  light of those risks. However, We are under no obligation to oversee, monitor or moderate any Interactive Service We provide on Our Site, and We expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards as elucidated in terms 3.8 and 3.9 below, whether the service is moderated or not.

3.6     Where We do moderate an Interactive Service, We will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

3.7     The content standards set out in terms 3.8 and 3.9 below apply to any and all material which you contribute to Our Site (“Contributions”), and to any Interactive Services associated with it. You must comply with the spirit of the content standards as well as their explicit wording at all times. The content standards apply to each part of any contribution as well as to it as a whole.

3.8     Contributions must:

(a) Be accurate (where they state facts);

(b) Be genuinely held (where they state opinions); and

(c) Comply with applicable law in the UK and in any country from which they are posted.

3.9     Contributions must not:

(a) Contain any material which is defamatory in respect of any person;

(b) Contain any material which is obscene, offensive, hateful or inflammatory;

(c) Promote sexually explicit material;

(d) Promote violence;

(e)  Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(f)  Infringe any copyright, database right or trade mark of any other person;

(g) Be likely to deceive any person;

(h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(i) Promote any illegal activity;

(j) Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

(k) Be likely to harass, upset, embarrass, alarm or annoy any other person;

(l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

(m) Give the impression that they emanate from Us, if this is not the case;

(n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;

(o) Post or transmit advertisements for or solicitations of business;

(p) After a warning is issued, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed anywhere on Our Site;

(q) Harvest or otherwise collect or use information about others, including e-mail addresses, without their explicit consent;

(r) Engage in any other conduct that restricts or inhibits any other person from using or enjoying Our Site, or which, in our judgment, exposes Us to any liability or detriment of any type;

(s) Intentionally make false or misleading statements about investments, their price or their prospects (if you do, you may be committing a criminal offence);

(t) Post either intentionally or otherwise, any material that could have the effect of manipulating the market value of any investment (this may also be a criminal offence); or

(u) Give investment advice by way of business or make financial promotions.

3.10   We will determine, in our sole/exclusive discretion, whether there has been a breach of this acceptable use policy through your use of Our Site. When We reasonably determine or suspect that a breach of this acceptable use policy has occurred, We may take such action as We deem appropriate in accordance with terms 3.11 and 3.12 below.

3.11   Failure to comply with this acceptable use policy constitutes a material breach of these terms of use, in accordance with which you are permitted to use Our Site, and may result in Us taking all or any of the following actions:

(a) Immediately, temporarily or permanently withdrawing your right to use Our Site;

(b) Immediately, temporarily or permanently removing any posting or material uploaded by you to Our Site;

(c) Issuing a warning to you;

(d) Reporting offenders to their ISP;

(e) Charging offenders for the administrative costs of identifying and removing their posts at the rate of £40 per hour necessarily spent plus any external costs that We incur;

(f) Commencing legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

(g) Taking further legal action against you; and/or

(h) Disclosing such information to law enforcement authorities as We reasonably feel is necessary.

3.12   We exclude liability for actions taken in response to breaches of this acceptable use policy. Our scope of responses described in term 3.11 regarding breaches of this acceptable use policy are not limited, and We may take any other action We reasonably deem appropriate.

4.       Intellectual Property Rights

4.1     We are the owner and/or the licensee of all intellectual property rights in relation to Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2     Substantial copying of these pages in any form is prohibited. You must receive our written permission if you want to reproduce any content from Our Site in any material way, although you are free to quote a single paragraph of text without asking as long as you acknowledge the source (a clearly visible link to our website is sufficient attribution).

4.3     Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.

4.4     If you contribute any content to the site in the form of guest blog posts, commentary or forum discussion then you are deemed to own any copyright in that content. However, when you post content, you expressly grant Us a perpetual, unlimited royalty free license to republish that text on Our Site and to redistribute/make available and/or sell that text in print or electronic form anywhere in the world as part of an edited compilation or otherwise.

4.5     You must not use any part of the materials on Our Site for commercial purposes without obtaining a licence to do so from Us and/or our licensors.

4.6     If you print off, copy or download any part of Our Site in breach of these terms of use, your right to use Our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5.       Reliance on Information Posted

5.1     The information/content We provide on Our Site is not intended to address your individual requirements. In particular, our information/content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Us and is not intended to be relied upon by you in making (or refraining from making) any specific investment or other decisions. If We mention companies on Our Site, We usually do so because of some aspects of their products or services that are attractive. As a general policy We don’t vet them on customer service or investigate their solvency. Given that the impact of any information expressed on Our Site can vary widely based on your particular circumstances, you should always carry out your own research into the product or information/content that is of interest to you. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, or by anyone who may be informed of any of its contents.

5.2     Under no circumstances does any information/content on this website constitute legal advice. You should consult a suitably qualified lawyer on any specific legal matter or transaction.

6.       Updates to Our Site

We aim to update Our Site regularly, and may change the content at any time. If the need arises, We may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and We are under no obligation to update such material.

7.       Our Liability

7.1     The material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to Us hereby expressly exclude:

(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Site or in connection with the use, inability to use, or results of the use of Our Site, any websites linked to it and any materials posted on it, including:

(i) loss of income or revenue;

(ii) loss of business;

(iii) loss of profits or contracts;

(iv) loss of anticipated savings;

(v) loss of data;

(vi) loss of goodwill;

(vii) wasted management or office time; and

(viii) whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

7.2     This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

8.       Business and legal services

8.1     Where We refer legal or business services to any third party service provider We do not guarantee the quality of any work produced by any such individual or organisation.

8.2     We will comply at all times with the SRA Code of Conduct for Solicitors, RELs and RFLs (“Code”) and in particular with paragraphs 5.1 – 5.3 of the Code. If We successfully match a user of Our Site with a firm of solicitors and the user chooses to instruct that solicitor or firm, the firm may pay Us a fee varying from 1% to 20% of the legal fees (excluding disbursements and VAT) depending on the nature of the matter. This fee will not be charged to the end-user.

9.       Information about you and your visits to Our Site

We process information about you in accordance with our privacy and cookies policy which can be found here: [insert URLs][SB1] . By using Our Site, you consent to such processing and you warrant that all data provided by you is accurate.

10.     How We use your personal information (Data Protection)

10.1   All personal information that We may use or gain access to will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

10.2   You also confirm that you will comply with your obligations pertaining to GDPR while you are subject to these terms of use.

11.     Transactions concluded through Our Site

Contracts for the supply of goods or services formed through Our Site or as a result of visits made by you are governed by our terms of business.

12.     Uploading and adding material to Our Site

12.1   Whenever you make use of a feature that allows you to upload or add material to Our Site, or to make contact with other users of Our Site, you must comply with the content standards set out in our acceptable use policy (please see terms 3.8 and 3.9 above). You warrant that any such contribution does comply with those standards, and you indemnify Us for any breach of that warranty.

12.2   Any material you upload to Our Site will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

12.3   Please note that any posting of information in forums appearing on Our Site is the opinion of the person posting only and in no way reflects our opinions or attitudes. Although We believe our forums contain a wealth of information which is of benefit to many users, you must remember that We operate an open forum and sometimes messages are posted that are misleading or deceptive. You should not therefore rely on information contained within such forums being accurate or complete. If you do, you do so at your own risk.

12.4   We do not undertake or assume any duty to monitor Our Site for inappropriate or unlawful content, so We do rely on you to inform Us if you spot any abuse or inappropriate behaviour, in which case We will review specific postings and take any disciplinary action We deem appropriate. If you feel you have been threatened, abused, insulted or had your reputation damaged in our forums or via our communication systems or if you believe any infringement of your rights may have occurred through Our Site please contact Us at wewillhelp@jonathanlea.net or call Us on 01444 708 640.

12.5   We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Our Site.

12.6   We have the right to remove any material or posting you make on Our Site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy at term 3 above.

13.     Viruses, Hacking and other Offences

13.1   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, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.

13.2   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 law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.

13.3   We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses 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 material posted on it, or on any website linked to it.

14.     Linking to Our Site

14.1   You are welcome to link to any of our pages, but do not do so in a way that is likely to give your users the mistaken impression that our content is yours or that Our Site endorses or is affiliated with yours. You must link to our pages in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

14.2   You must not establish a link from any website that is not owned by you.

14.3   Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

14.4   If you wish to make any use of material on Our Site other than that set out above, please email your request to wewillhelp@jonathanlea.net or call Us on 01444 708 640.

15.     Linking from Our Site

15.1   Our Site does include details on, or links through to, information provided by other websites. We don’t control the accuracy or completeness of that information. You take full responsibility for using that information and verifying it and for any decision to use, purchase or refrain from purchasing any of the services or products mentioned on a linked site. If you do purchase products or services from another website please read their contract carefully before deciding to buy. Remember, your contract for those products or services will be with them, not Us.

15.2   When you use other websites, any personal information you give them will be dealt with in line with their privacy policies, not ours, so please read the privacy policies of each and every such website before using them.

15.3   Some of the links included on Our Site are affiliated links. These are links which take you directly or indirectly to a product provider and which may result in Us receiving a fee or commission as a consequence of you clicking through to their site or purchasing a product from them. Our independence is paramount to Us and our selection of links is not influenced by any fee/commission received by financial providers.

16.     Indemnity

You agree to indemnify, defend and hold harmless Us, our directors, officers, employees and licensors from and against any claim, liability, cost, damage or loss We may incur (including reasonable legal fees) as a result of any material that you post or transmit on our communication forums or via our communication systems, or any actions you take which disrupt access to and/or the functioning of Our Site or any breach by you of your obligations under these terms of use.

17.     Assignment

17.1   We may transfer (assign) our obligations under these terms of use to any third party without notice to you (this may happen, for example, if We sell our business). If this occurs, you will be informed by Us in writing. Your rights and obligations under these terms of use will not be affected and our obligations under these terms of use will be transferred to the third party who will remain bound by them.

17.2   You may not transfer (assign) your obligations and rights under these terms of use to anyone else.

18.    Third Parties

You agree that this agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this agreement, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

19.    Severance

If any of the provisions of these terms of use are found to be unlawful, invalid or otherwise unenforceable by a court or other authority, that / those provision(s) shall be deemed severed from the remainder of these terms of use. The remainder of these terms of use shall otherwise remain valid and enforceable.

20.    No Waiver

No failure or delay by Us in exercising any of our rights under these terms of use means that We have waived that right, and no waiver by Us of a breach of any provision of these terms of use means that We will waive any subsequent breach of the same or any other provision.

21.    Variations

We reserve the right to revise, amend and/or modify these terms of use from time to time in response to changes in relevant laws and other regulatory requirements. You are expected to check this page from time to time to take notice of any changes We have made, as they will be binding upon you. Some of the provisions contained within these terms of use may also be superseded by provisions or notices published elsewhere on Our Site.

22.     Entire agreement

These terms of use constitute the entire agreement between Us and you. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these terms of use and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

23.     Complaints, Feedback and Contact Details

We always welcome feedback from users of Our Site and, whilst We always use all reasonable endeavours to ensure that your experience as a user of Our Site is a positive one, We nevertheless want to hear from you if you have any cause for complaint. If you have any concerns, queries and/or complaints about any material which appears on Our Site, please email wewillhelp@jonathanlea.net or call Us on 01444 708 640.

24.    Governing law and jurisdiction

24.1   The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site, although We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

24.2   These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales