We thank you for accessing our Service at http://www.pingalawyer.com (the “Website“). Please read this Agreement carefully as it governs your use of the Service. Do not use the Service unless you wish to be bound by this Agreement (including the Website Terms and Conditions of Use) because, by proceeding with the sign-up process and/or continuing to use any part of the Service, you confirm your acceptance of this Agreement.
Please note that if you wish to access or use the Service as a User then you must read and accept the “End User Agreement”.
The Service is for use in Scotland only. You are responsible for all compliance with laws and regulations which apply to you.
This Agreement was created 15 September 2016.
We are Pinga Lawyer a division of Pinga Professional Limited, a company registered in Scotland (number SC479658) and our registered office is at 15 Golden Square, Aberdeen, AB10 1WF. Where we refer to ourselves in this Agreement, this is also taken to include (where the context allows) our affiliate companies, and our and their respective directors, officers, employees, associated and contracted persons, and persons supplying services to us or them in connection with the Services.
You are entering into this Agreement in order to receive information to assist you in attempting to secure work assignments with persons seeking work to be undertaken by a solicitor; and we will refer to you in this Agreement (which includes any person that accesses or uses our Service on your behalf) as either “you” or as “Service Provider”.
This Agreement includes the terms set out herein and those in the Website Terms and Conditions of Use and/or our Apps from time to time. Our “Apps” are any application that we may release relating to the Service as modified and/or updated by us from time to time. When you sign up to receive our Services this confirms that we will provide the Service to you in accordance with this Agreement.
The “Service” consists of the Website, our Apps, any pages we operate on third party social media applications, and the content and services we make available through them via the internet, mobile devices including smart phones and tablets, and/or interactive television devices and services, together with the provision by us of associated information, products and services by e-mail, telephone, fax or mail.
Any person (including any business) using the Service to publish details of a work requirement for which they invite quotes from Solicitors (licensed to practice in Scotland) through the Service (“Projects“) is referred to in this Agreement as an “End User” and any information they upload or provide to you, and all information relating to them, is referred to as “End User Information“. As part of receiving the Service, you may from time to time upload information to the Service or otherwise provide us and/or End Users with information relating to you, your business, your partners and staff (including consultants), and/or pertaining to a Project which you have elected to quote for (and including by communicating via the Communities) (“Professional Business Information“).
End Users and Projects
It is the Service Provider’s responsibility to determine whether they wish to be considered for or undertake any Project or deal with any End User. We do not vet End Users or their Projects on behalf of any Service Provider, and we will not be liable to you in respect of any Project or relationship between you and any End User in any way. We therefore recommend that you carefully assess each Project and carry out whatever lawful checks you consider appropriate in relation to any End User before undertaking any work for them. We will not be a party to any contract made between you and any End User and therefore we shall not be liable for any loss or damage which results from any dealings between you and any End User.
The majority of the material available through the Service originates from our End Users, and we rely on End Users to accurately describe their Project requirements. We have little or no editorial control over such material and we therefore cannot guarantee the accuracy, timeliness, completeness, performance or fitness for any particular purpose of such material. We cannot accept responsibility for errors, omissions, or inaccurate material available through the Service, and make no warranty that the Service will be uninterrupted or error free, or that any defects will be corrected.
Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Service will be free of viruses or other malicious code and accept no liability (whether under contract, in delict or otherwise at law) for loss or damage caused from the transmission of such viruses or other malicious code. We recommend that you always use up-to-date firewalls and anti-virus software to protect your equipment and data.
Any material you obtain from the Service is used at your own risk, and we will not be liable for any loss or damage (whether in contract, delict or otherwise at law) arising out of or in connection with Service Provider’s access or use of the Service (except to the extent that such liability cannot be excluded by law).
Use of the Service
You shall not quote for any Project which is illegal or which may not legally be performed by you.
A core purpose of the Service is to connect End Users to Service Providers who wish to undertake the legal work for Project. The Service is therefore not for use by Service Providers who do not intend to carry out and ensure successful completion of a Project they have quoted for and which End User has awarded to them. You are responsible for ensuring that you are legally entitled to quote for and perform any Project for which you submit a quote.
You agree not to use the Service in any unlawful manner and we reserve the right to remove you from continuing to use the Service (whether temporarily or permanently) at any time where we, in our sole opinion, believe that your continued use of the Service is detrimental to our reputation and/or that of other Service Providers or potentially harmful to End Users. Where we exercise such right we shall provide you with our reason for doing so as soon as reasonably practicable thereafter. We may, at our sole discretion, decide to allow you the opportunity to discuss the matter with us (on an urgent basis) before exercising such right during any period where you have submitted a quote for a Project and your quote validity period relating thereto has not expired.
We will always endeavour to notify you of Project types (for which you are registered) from time to time, but shall have no liability to you where we fail to do so. Further, because End Users retain the right to change or withdraw their Project from our Service, we are unable to give any warranty as to the availability or suitability of any Project. Further, we cannot guarantee that any Project leads generated using the Service will result in business for you, and no refund of the Fee (as defined below in next section “Payments”) paid for a Project lead is offered in the event that you do not obtain business from that lead, except in the case where the End User has through no fault on your part cancelled the Project after you have paid your Fee relating thereto in which case you shall be entitled to receive the next Project lead you wish to quote for without any Fee charge: the System will automatically generate and deliver a token to you to enable you to retrieve this benefit.
The validity period of any quote submitted by you to an End User for a Project shall always be thirty (30) days or a period equivalent to the remaining quote validity period of the first quote submitted by another Service Provider for the same Project, whichever is shorter (the “Quote Validity Period”). The opportunity to submit a quote to an End User for a Project shall automatically close five (5) five days prior to expiry of the Quote Validity Period (the “Closing Date”). We shall provide those Service Providers who have paid the Fee for a particular Project a reminder notification of the Closing Date two (2) days prior to its occurrence. Service Providers have no obligation to submit a quote for a Project where they have paid the Fee, and a quote can be withdrawn by a Service Provider anytime before its acceptance by the End User.
You agree not to use the Service as an End User (or allow anyone on your behalf to do so) by generating Projects with the purpose of using it to carry out market intelligence to support your business as a Service Provider and to the detriment of any other Service Providers
You agree to not procure the opportunity to quote for the same Project more than once.
You agree to pay the Fee for using the Service in accordance with the following:
For Service Providers we charge a small fee for each Project lead a Service Provider wants to quote for. There is no membership fee to join the Website as a Service Provider. You will automatically become a Service Provider member when you have agreed to accept the terms of this Agreement. You can cancel your membership at any time by notifying us.
As part of your membership, we send you the Project leads that match your specialism as a solicitor as notified by you under your registration form (including any subsequent amendments as notified by you to us in respect thereof). Each Project lead includes the End Users work requirement description and postcode.
The fee payable by a Service Provider for procuring the opportunity to quote for each Project is £10+VAT (the “Fee”). Up to a maximum of three (3) Service Providers can procure the right to quote for any particular Project, and this right is open to the first three (3) Service Providers who have paid their Fee. Upon paying the Fee you will have access to the End Users name and contact details so that you are able to communicate with them should you require further information before submitting (or deciding whether to submit) a quote.
We reserve the right to review the Fee from time to time, but in no event more than once each calendar year. We also reserve the right to obtain validation of your credit or debit card details before we provide any Services to you.
Bills and payments
We only accept Fee payments by credit or debit card made via our online secure payment provider (Sage payment). For your convenience (and to keep our costs to a minimum) we shall (unless you instruct us otherwise by email) hold your payment details on a secure server and take payments automatically when you elect to quote for a Project. Invoices are sent to you, by email, for each Project lead you have procured and may be accessed at any time via your account.
When paying the Fee, it’s important that your card details are valid and that you have sufficient funds available. You can update your payment details when making any purchase via our secure website.
In the event that a Fee payment fails we’ll ask you to provide updated payment details.
Refunds and cancellations
Please contact us urgently if you are in any way unsure about an amount that has been charged to your card. In the event we find a payment has been taken in error we will promptly refund the amount taken in error to your credit or debit card.
Links and User Content
It is not possible for us to review all websites which are linked to from the Service (or link to the Service), and you should therefore take care when following any link. We do not accept any liability (whether such arises in contract, delict or otherwise at law) for any loss or damage that may be suffered as a result of following any links. You agree not to post links to any websites.
The Service may contain discussion forums, bulletin board services, chat areas, communities and/or other message or communication facilities (collectively “Communities”). Although our hope is that all users of the Service will use it responsibly, and we require all users to ensure that all content that they publish, post, upload, distribute or disseminate (“Post”) on the Service is lawful, we are not responsible for reviewing or policing user content and so it is possible that Communities may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabelled or are otherwise deceptive. We urge you to exercise proper judgement and to use caution and common sense when using Communities. We do not control the information delivered to the Communities, and have no obligation to monitor the Communities.
You are responsible for your own communications and for any consequences arising out of them. The Communities are intended to allow users to send and receive messages and material that are legal, proper and related to the particular Community, and you agree that you shall use them only for this purpose.
We do not guarantee the truthfulness, accuracy, or reliability of any communications Posted in the Communities or endorse any opinions expressed in the Communities. You should take all due care in relying on material Posted in the Communities, as this is done at your own risk.
It is important for you to note that all Communities are public, and that others may read communications made via the Community without the author’s knowledge. Always use caution when giving out any personally identifying information about yourself in any Community, and do not give personally identifying information about any other person unless entitled to do so.
Use of Information
You are solely responsible for the content, accuracy, and completeness of the Professional Business Information, and agree only to provide true, accurate, current and complete information. You also accept all liability arising out of or in connection with your processing and transmission of the End User Information.
You acknowledge that we may edit, modify or remove any parts of Professional Business Information which we consider is in breach of any of the provisions of this Agreement, and/or suspend or terminate your access to the Service without notice where we have reason to believe you are in breach of any of the terms herein.
By providing Professional Business Information you grant to us a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, reproduce, modify, publish, edit, translate, distribute, perform, and display the material alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licensees. The foregoing grants shall include the right to exploit any proprietary rights in such materials, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You also waive any moral rights you have in the materials. Do not Post any materials on the Service that you would not want us to use in this way. In no event shall any confidential information passing between you and the End User in relation to a Project fall within the ambit of Professional Business Information for the purposes of this paragraph.
We reserve the right to check the information that you provide on registration and during your continued use of the Service. You acknowledge and agree that we may at any time request verification and identity and address documents and information from you in order to complete our fraud prevention and identity and address verification checks which we carry out from time to time. We reserve the right to terminate the provision to you of the Service or restrict your access to the Service at any time in the event that you fail to provide all of the requested verification and identity and address documents within the requested timescale or if you do not pass our fraud prevention or identity verification checks.
You consent to information about the device(s) you use to access the Service and verification, identity and address documentation being collected and processed for fraud prevention purposes and we may use third parties (and information they provide) to help us prevent fraud or unauthorised access to our Service.
You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your Professional Business Information) from the Service without our prior written permission.
To the extent that we provide you with End User Information, you agree that you shall: (i) treat the End User Information as confidential and not share such with any other person except and only to the extent where otherwise required to comply with your professional obligations as a solicitor and/or where expressly consented to in writing by the End User to whom the End User Information relates, (ii) only use the End User Information for the purpose of contacting the End User in relation to the particular Project, and for no other purpose whatsoever; and (iii) at all times and in all respect comply with applicable data protection law.
Arrangements with End Users
Should you have a dispute with an End User in respect of a Project, you must address such dispute directly to the End User concerned. However, you agree to notify the details of such dispute to us as soon as reasonably practicable.
We may decide to investigate any grievances held by you or by End Users and may discuss any such investigation with all involved parties. We may take any lawful action we deem necessary in the event of a grievance, but likely outcomes of a grievance investigation include:
- you and/or the End User being allowed to continue using the Service; and
- you and/or the End Users access to use the Service being suspended or terminated;
You represent and warrant that at all times whilst using the Service as a Service Provider your firm (or you yourself if a sole practitioner) will be registered with the Law Society of Scotland to practice in Scotland.
Intellectual Property Rights
You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Service and any part of it (the “Rights“), including the manner in which the Service is presented or appears and all information and documentation relating to it is our property (or that of our licensors), and nothing in this Agreement shall be taken to transfer any of the Rights to you.
Solely for the purposes of receiving the Service, we hereby grant to you for the period during which the Service is provided a non-exclusive, non-transferable, licence to use the Rights.
It is your responsibility to ensure that you are entitled to provide the Professional Business Information and you agree to indemnify us and hold us harmless against any and all claims, costs, expenses (including reasonable legal costs and expenses), damages and losses of any kind incurred by us in connection with any actual or threatened claims of any kind (including without limitation any claim of trademark or copyright infringement, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from your provision of Professional Business Information or arising from your use of the Service.
We shall indemnify you and hold you harmless against any and all claims, costs, expenses (including reasonable legal costs and expenses), damages and losses of any kind incurred by you in connection with any actual or threatened claims of any kind (including without limitation any claim of trademark or copyright infringement, defamation, breach of confidentiality, false or misleading advertising or sales practices) that any material on the Service generated and uploaded by us infringes the intellectual property of any third party.
Limitation of Liability
Notwithstanding any other provision, nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury caused by that party’s negligence.
If you are dissatisfied with the Service, or the terms of this Agreement, your sole remedy under this Agreement shall be to discontinue use of the Service.
Other than as set out above in this Limitation of Liability section, and notwithstanding any other provision of this Agreement, we shall not be liable to you, whether in contract, delict or otherwise at law for any loss or damage (whether direct or indirect or consequential) whatsoever arising from or in any way connected with this Agreement, and irrespective of any negligence or breach of duty (statutory or otherwise) by us.
Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Agreement by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
We cannot guarantee the day or time that we will respond to any email, telephone or written enquiries or Website form submissions.
Each of the provisions of this section (Limitation of Liability) shall be construed separately and independently of the others.
We reserve the right at all times to review, edit, refuse to Post, or to remove from the Service any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any applicable law, regulation, legal process, police request or governmental request.
We reserve the right to modify or discontinue temporarily or permanently all or part of the Service with or without notice without liability for any such modification or discontinuance.
We may, without your consent, amend the terms of this Agreement from time to time, but such amendments shall not apply retrospectively. Where we do seek to amend the terms of this Agreement we shall always provide you notification of such amendments at least seven (7) days prior to their becoming effective and the amendments to these terms shall always be posted on the Website at the time they become effective. Where you do not agree to these amendments your sole right shall be to cancel your membership in accordance with the section headed “Payment”. Your continued use of the Service after the date the amendments become effective will constitute your acceptance of the amended Agreement.
Headings are inserted for convenience only and shall not affect the interpretation of this Agreement.
If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated, in which case it shall terminate without giving rise to further liability.
You may not assign, transfer or sub-contract any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.
This Agreement constitutes the entire agreement as to its subject matter and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral with the exception of the Website Terms and Conditions of Use. To the extent that there is any conflict between this Agreement and the Website Terms and Conditions of Use the former shall prevail. You acknowledge that you have placed no reliance on any representation made but not set out expressly in this Agreement.
Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
Notwithstanding any other provision in this Agreement a person who is not a party hereto has no right to rely upon or enforce the terms of this Agreement.
This Agreement shall be subject to the laws of Scotland and the parties shall submit to the exclusive jurisdiction of the Scottish courts with respect to any disputes between us in relation to this Agreement.