Terms of Use

  • This page (together with our Privacy policy ) tells you information about us and the legal terms and conditions (Terms) on which we provide any services (Services) via our website (our website) to you.

    These Terms will apply to any contract between us for the sale of any Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site. Please note that by clicking on the ‘Submit’ button when placing an order you are agreeing to these Terms.

    You should print a copy of these Terms or save them to your computer for future reference.

    We amend these Terms from time to time. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1st November 2015.

1. INFORMATION ABOUT US
  • 1.1 We operate the website www.lms.com We are Legal Marketing Services Limited, a company registered in England and Wales under company number 3002073 and with our registered office at Bickerton House, Lloyd Drive, Cheshire Oaks Business Park, Cheshire, CH65 9HQ.

    1.2 You may contact us by e-mailing us at customerservices@lms.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 14.

2. USE OF OUR SITE AND THE SERVICES
  • 2.1 Your use of our website and the Services is governed by these Terms and our Privacy policy. Please take the time to read these, as they include important terms which apply to you.

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
  • 3.1 Our website will guide you through the steps you need to take to register on our website and place any order for Services with us.

    3.2 The Contract between us is formed when you click the ‘Submit’ button to place an order for our Services.

    3.3 Where we use the term ‘you’ we mean the law firm or licenced conveyancer rather than any individual person from such entity.

4. OUR RIGHT TO VARY THESE TERMS
  • 4.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

    4.2 Every time you order Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.

5. OUR SERVICES
  • 5.1 An approximate description of the Services is set out at LMS AccountChecker

    5.2 All descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in our literature are issued or published for the sole purpose of giving an approximate idea of the Services described and shall not form part of the Contract.

    5.3 Any dates specified by us for performance of any Services are intended to be an estimate and time for performance shall not be made of the essence by notice. If no dates are so specified, performance will be within a reasonable time.

6. YOUR RESPONSIBILITIES
  • 6.1 By using our website you confirm you are either: (1) a licensed and regulated conveyancer; or (2) a law firm regulated by the Solicitors Regulation Authority of England and Wales (in the case of an English or Welsh law firm), the Law Society of Scotland (in the case of a Scottish law firm) or the Law Society of Northern Ireland (in the case of a Northern Irish law firm) . If you are not already registered as one of our panel members, when you register on our website we will use the information you provide in order to carry out certain checks to make sure you are who you say you are.

    6.2 You are responsible for the security and confidentiality of any usernames, passwords or other similar codes or pin numbers needed to access or use our website or any of the Services. You must not allow others to access our website or any Services via your username.

    6.3 You will only use the website or any Services in a manner that is accepted and legal according to applicable laws and regulations.

    6.4 You will not use the website or any Services for the following:

    • (a) to send, receive, upload, download, store, use, distribute or publish material that is offensive, abusive, indecent, defamatory, obscene, or in breach of a third party's intellectual property rights;

      (b) to send or distribute any unsolicited emails or messages, especially those which might cause another person annoyance, inconvenience or worry;

      (c) to send or distribute information regarding any business, including unsolicited advertisements or promotional material,

    and you agree to indemnify us against any claims, costs, expenses or legal proceedings caused as a result of your misuse of the website or Services.

    6.5 You will not in any way copy, modify, publish, transmit, display, sell, distribute or reproduce copyrighted material, trademarks or other protected proprietary information without the express written consent of the owner of such material.

    6.6 You confirm that the person who accepts these Terms on your behalf has authority to bind you.

    6.7 These Terms and any document expressly referred to constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

    6.8 You acknowledge that in entering into any Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

    6.9 You agree that you shall not have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement made in these Terms or in connection with any Contract.

    6.10 You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with your breach of any of these Terms.

7. PRICE OF THE SERVICES
  • 7.1 The prices of the Services will be as quoted on our website at the time you submit each order.

    7.2 Prices for our Services may change from time to time, but changes will not affect any order you have already placed.

    7.3 The price of any Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.

8. HOW TO PAY
  • 8.1 If you are one of our panel member firms and you are using our Services in connection with a case we have instructed you on, payment for the Services will be automatically taken from the bank account which you have already registered with us.

    8.2 If you are not using our Services in connection with a case we have instructed you on, payment for the Services can be made by either:

    • (a) using a debit card or credit card. We accept those cards as set out on the appropriate payment page; or

    • (b) us automatically taking payment from the bank account that you have chosen to register with us.

    8.3 We will provide you with a VAT invoice for the Services you have used at the end of each calendar month.

9. OUR WARRANTY
  • 9.1 We will provide the Services with reasonable skill and care and endeavour to ensure that the databases and data we use in delivering the Services are complete and accurate, however:

    • (a) we cannot guarantee that your access to or use of the website or Services will be uninterrupted or error free. The website and Services are provided on an "as is" and "when available" basis. We reserve the right, at our own discretion or for legal or technical reasons, without notice to you, to:

      • (i) alter or remove any information on the website or Services;

      • (ii) suspend or alter the operation of the website or Services;

      • (iii) suspend, alter or remove the website or any of the Services.

      (b) we make no warranties as to the accuracy, completeness, security, reliability, timeliness, fitness for purpose or non infringement of intellectual property rights of any of the information and documents available or provided through the use of the website or any of our Services. We assume no liability for any kind of loss or damage caused by errors, omissions or delays in the information, documents or other items provided or made available through the web site.

    9.2 You acknowledge that we are not responsible for the results of any actions carried out by you or any third party in reliance of the results or information obtained from the use of this website or any of our Services (including but not limited to you or any third party choosing: (1) not to conduct other investigations into the validity of the bank account to which monies are sent; or (2) to transfer (or not as the case may be) monies to any bank account). The results and information provided are for general interest only and do not constitute specific advice. We do not accept any liability for loss arising from use of the website or our Services or through relying on the results and information provided to you.

10. TIPPING OFF
  • 10.1 You acknowledge that sharing the results or information obtained by your use of our website or Services to any party who has failed a client account search could amount to an offence of ‘tipping off’ under section 333A Proceeds of Crime Act 2002. We do not accept any liability for loss arising in connection with this matter.

11. OUR LIABILITY
  • 11.1 You acknowledge that the results or information obtained from the use of our website or any of our Services is for your internal use only and you will not share such results or information with any third parties.

    11.2 Nothing in these Terms limits or excludes our liability for:

    • (a) death or personal injury caused by our negligence;

      (b) fraud or fraudulent misrepresentation.

    11.3 Subject to clause 11.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Services for:

    • (a) any loss of profits, sales, business, or revenue;

      (b) loss or corruption of data, information or software;

      (c) loss of business opportunity;

      (d) loss of anticipated savings;

      (e) loss of goodwill; or

      (f) any indirect or consequential loss.

    11.4 Subject to clause 11.2, our total liability to you in respect of all losses arising under or in connection with any of the Services we provide to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1,000 in any 12 month period.

12. EVENTS OUTSIDE OUR CONTROL
  • 12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.

    12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

    12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

    • (a) we will contact you as soon as reasonably possible to notify you; and

      (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new performance date with you after the Event Outside Our Control is over.

13. TERMINATION
  • 13.1 These Terms will remain in full force and effect until:

    • (a) either party gives the other 30 days written notice;

      (b) any of the parties appoint a receiver over any of its property or assets;

      (c) any of the parties make a voluntary arrangement with their creditors or become subject to an administration order;

      (d) any of the parties enter into liquidation (except for the purposes of restructuring or amalgamation);

      (e) any of the parties cease to carry on business.

      (f) either party is subject to a change of control (as defined in section 1124 of the Corporation Tax Act 2010).

    13.2 Notwithstanding any other provision of these Terms, we may choose to suspend or cease to provide the Services at any time.

    13.3 Any termination of these Terms (howsoever occasioned) shall not affect any accrued rights or liabilities of the parties nor shall it affect the coming into force or the continuance in force of any provision in the Contract which is expressly or by implication intended to come into or continue in force on or after such termination

    13.4 Upon termination you shall immediately cease to use our website and any Services.

    13.5 The following clauses of these Terms will continue to have effect following termination: 6, 11, 13, 15, 16 and 17.

14. COMMUNICATIONS BETWEEN US
  • 14.1 When we refer, in these Terms, to "in writing", this will include e-mail.

    14.2 Any notice or other communication given by you to us, or by us to you, under or in connection with any Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

    14.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00am on the second business day after posting or if sent by e-mail, one business day after transmission.

    14.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

    14.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

15. CONFIDENTIALITY
  • 15.1 You undertake that you shall not at any time, disclose to any person any confidential information concerning the Services, the business or affairs of us, except as permitted by clause 15.3.

    15.2 We undertake that we shall not at any time, disclose to any person any of your confidential information, except as required in connection with the performance or delivery of the Services, the checks required to register you as a user of our website or as permitted by clause 15.3.

    15.3 Each party may disclose the other party's confidential information:

    • (a) to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with these Terms. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 15; and

      (b) as may be required by law, a court of competent jurisdiction or any governmental, law enforcement or regulatory authority.

16. INTELLECTUAL PROPERTY RIGHTS
  • 16.1 You acknowledge and agreet bbhat we and/or our suppliers own all intellectual property rights in the website, the Services and the technology and methodology behind them. Except as expressly stated herein, these Terms do not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the website, the Services and the technology and methodology behind them.

    16.2 You undertake not to copy, translate, adapt, vary, modify, disassemble, decompile or reverse engineer the website or any Services without the prior written consent of us and/or any relevant suppliers.

    16.3 You shall notify us immediately if you become aware of any unauthorised use of the whole or any part of the website or any Services by any person.

    16.4 You shall notify us within 2 business days in writing of any potential infringement claim or misuse of the website or any Services.

    16.5 You will give us and any relevant suppliers all reasonable assistance in relation to either defending an infringement claim or the protection of their rights.

17. OTHER IMPORTANT TERMS
  • 17.1 We may transfer our rights and obligations under these Terms or any Contract to another organisation, but this will not affect your rights or our obligations under these Terms or the Contract.

    17.2 You may only transfer your rights or your obligations under these Terms or any Contract to another person if we agree in writing.

    17.3 No other person shall have any rights to enforce any of the Terms or any Contract, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

    17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

    17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    17.6 These Terms, any Contact and any dispute or claim arising out of or in connection with 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.

    17.7 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with any Contract and these Terms or their subject matter or formation (including non-contractual disputes or claims).