Terms of Use

Privacy Policy

A person or organisation using the MacBeal website agrees to the Terms of Use and the Privacy Policy stated on this page.

Terms of Use

Last Updated 19 October 2006

1. Introduction

These terms and conditions of use together with the terms of Our Privacy Policy and all applicable laws and regulations ("Terms of Use") govern Your use of http://www.macbeal.com or derivations thereof (the "Site") and the provision of the services offered through the Site. MacBeal Limited (a UK Company registered under company number 05560556 and whose registered address is at Kings Chambers, 201 Streetly Road, Birmingham, B23 7AJ and whose postal address is at 100 Commerce House, High Street, Sutton Coldfield, West Midlands, B72 1AB) ("We" or "Us") make this Site available to you the user ("You") subject to these Terms of Use. "Your" and "Our" shall be construed accordingly.

By accessing and using the Site, You accept and agree to be bound by, without limitation or qualification, these Terms of Use. If You do not agree and accept, without limitation or qualification, these Terms of Use then please exit the Site. By continuing to use the Site You are deemed to accept and to be bound by the Terms of Use (as amended from time to time).  We may change the Terms of Use at any time at Our sole discretion and Your continued use of the Site after any such changes are made will indicate Your agreement to those varied terms.

Whilst some areas of the Site are available to You free of charge without any need for registration, in order to gain access to other areas of the Site and in order to use the various services available through the Site it is necessary to become a "MacBeal Member". Additional terms and conditions are applicable to MacBeal Members as set out in these Terms of Use.

2. Ownership of Content

The Site and all of its contents including, but not limited to, the text, designs, logos, graphics, icons and images (the "Content") are owned and copyrighted by Us or Our licensors with all rights reserved unless otherwise noted. All trade marks, copyright, database rights, design rights, patents and other intellectual property rights (together "the Rights") in the Content are owned by Us or Our licensors. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any of Our Rights or the Rights of any other third party. Where the Content is owned or copyrighted by a third party, certain restrictions may apply that You have to comply with. Your use of any Content, except as provided in these Terms of Use, without written permission is strictly prohibited.

3. Terms applicable to all users of the Site

We hereby grant You permission to use the Site as follows:

·                     You may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without Our prior written permission;

·                     You may not create a database in electronic or structured manual form by systematically downloading and storing any Content on the Site;

·                     as a condition of Your access to and use of this Site, You warrant to Us that You will not use this Site for any purpose that is prohibited by these Terms of Use or could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and that You will not use the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, discriminatory, liable to incite racial hatred, libellous, defamatory, vulgar, obscene, indecent, scandalous, offensive, inflammatory, blasphemous, pornographic, or profane material or material in breach of confidence or privacy. We will fully cooperate with any law enforcement authorities or any court order requesting or directing it to disclose the identity of anyone posting or transmitting any such information or materials.  You also warrant to tell Us as soon as You become aware of any unlawful or prohibited use of this Site by any third parties;

·                     You are responsible for complying with local laws and regulations of the jurisdiction from which You access this Site. This Site should not be accessed in any jurisdiction where for any reason the publication or availability of this Site is prohibited.  We do not represent that this Site complies with laws in all jurisdictions.  If You are in doubt, You should seek legal advice and if necessary, terminate Your use of this Site immediately;

·                     You are prohibited from posting or transmitting to or from this Site, any material for which You have not obtained all necessary licences or approvals or which is technically harmful (including; without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

·                     You may not misuse the Site (including, without limitation, by (i) hacking; (ii) defacing, altering or interfering with the front end 'look and feel' of this Site; (iii) obtaining or attempting to obtain unauthorised access (via whatever means) to any of Our networks; (iv) by taking any action that imposes an unreasonable or disproportionately large load on this Site or related infrastructure; or by (v) using any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Site (including but not limited to uploading or making available files containing corrupt data or viruses via whatever means));

Where You are invited to submit any contribution to the Site (including any text, photographs, graphics, video or audio) BUT excluding Client Material (as defined in paragraph 4 of these Terms of Use)  You agree, by submitting Your contribution, to grant Us a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to Your contribution worldwide and/or to incorporate Your contribution in other works in any media now known or later developed for the full term of any rights that may exist in Your contribution, and in accordance with privacy restrictions set out in the Site's Privacy Policy . If You do not want to grant Us the rights set out above, please do not submit Your contribution to the Site.

Furthermore, by submitting Your contribution to the Site, You warrant that Your contribution:

·                     is Your own original work and that You have the right to make it available to Us for all the purposes specified above;

·                     is not defamatory; and

·                     does not infringe any law;

In addition You agree to:

·                     indemnify Us against all legal fees, damages and other expenses that may be incurred by Us as a result of Your breach of the above warranty; and

·                     waive any moral rights in Your contribution for the purposes of its submission to and publication on the Site and for the purposes specified above.

4. MacBeal Members and Subscription Services

Certain additional services are available to You through the Site on a subscription basis (the "Subscription Services"). The Subscription Services enable access to additional features and benefits of the Site. In order to take advantage of the Subscription Services You must be a MacBeal Member.

Registering and Ordering

Membership as a MacBeal Member is subdivided into two types of membership:

·                     Primary MacBeal Member (meaning a MacBeal Member who is a Solicitor, Medical Expert or is part of the Management of a Medical Reporting Organisation, or

·                     Secondary MacBeal Member (meaning a MacBeal Member who is either a Secretary to a Medical Expert or a Case Handler acting on behalf of a Solicitor or an MRO Case Handler operating under the MRO Management.

References to "MacBeal Member" within these Terms of Use shall mean either a Primary MacBeal Member or a Secondary MacBeal Member as appropriate.

A MacBeal Member may also be designated a Main Account Holder meaning that such individual is the primary MacBeal Member at their organisation. A Main Account Holder may invite other individuals to join as MacBeal Members by sharing with that individual its licence code which may be inputted by such new individuals when registering on the Site. MacBeal Members who are so invited shall, once the registration procedure is complete, will be affiliated to the Main Account Holder's account but will be provided with their own unique username and password. The Main Account Holder shall, in addition to the liability of each MacBeal Member for their own acts and defaults, be responsible for the obligations of MacBeal Members who are registered under that Main Account Holder's account.

In order to become a MacBeal Member You must:

·                     be over eighteen years of age;

·                     be resident in the UK; and

·                     have an active and up-to-date registration on the Site;

·                     have paid the monthly subscription fee as set out below; and

·                     have a compatible computer with an appropriate internet connection.

You may also be asked to provide proof of Your professional qualifications as follows:

Please note that We reserve the right to amend any aspect of the registration criteria for the purpose of signing up large organisations on bespoke contracts. This will not affect any other aspect of the applicability of these Terms of Use.

There will be no contract of any kind between You and Us unless and until the above criteria have been met and We or Our secure online payment service provider have emailed You with confirmation that Your subscription is 'live'. At any point up until then, We may cancel Your subscription entirely or decline to supply the Subscription Services.

Prices and payment

If You are a solicitor or an employee of a solicitor firm, You will not be charged any subscription fee or appointment booking fee for using MacBeal. For other users there is a monthly fee associated with the use of MacBeal and as such to maintain Your status as a MacBeal Member You must pay the monthly subscription fee.  Additional sums are payable for specific Subscription Services. The first monthly subscription fee will be pro rated depending on when within the month such payment is made. Thereafter, the monthly subscription fee together with charges for Subscription Services incurred since the previous invoice will be invoiced and will be automatically debited from Your card during the first half of the next calendar month.

Details of the monthly subscription fee and the prices for specific Subscription Services (the "Subscription Fees") are clearly set out on the Site on the MacBeal Pricing page.

All Subscription Fees are expressed as exclusive of any VAT where applicable and are payable in £ Pounds Sterling unless otherwise stated.

All  Subscription Fees shall be payable by debit from the credit card or debit card of the MacBeal Member (or its organisation). You must ensure that the credit or debit card information associated with Your account is complete and accurate and is kept current and up-to-date.

Payments may be made using the following credit or debit cards:

VISA

MasterCard

Visa Electron

Delta

Payment card transactions are done using a 128 bit SSL secured internet connection. MacBeal will send You an email within two business days of charging your credit or debit card.

Payments are made through VelocityPay, a third party online payment service provider, the actions of whom We accept no responsibility whatsoever. Please note that MacBeal Limited does not itself store the card details of MacBeal Members. Payments made through VelocityPay are subject to, and You agree to be bound by, VelocityPay's terms and conditions from time to time, further details of which can be found at http://www.velocitypay.co.uk/. Charges for Subscription Fees will appear on Your statement as “www.macbeal.com”.

Please note that Your internet service provider and/or telephone service provider may also charge You for time spent accessing the Site at their standard charges.

We reserve the right to alter prices for the Subscription Fees from time to time. If We do this, We will let You know as soon as possible.

We reserve the right to suspend Your status as a MacBeal Member and/or suspend provision of any Subscription Services where We are unable to collect any payment due from You for whatever reason.

If You have been a MacBeal Member, then cease to be a MacBeal Member for any reason, and wish to be reinstated as a MacBeal Member then We reserve the right to charge You a £25 'reactivation fee’ to cover Our administration costs including in particular the costs of 're-vetting'.

Any credits given to You as a MacBeal Member (including discounts for referral of new members to Us) may be spent on Subscription Services only and have no cash value. Such discounts will expire immediately upon termination of Your subscription as a MacBeal Member.

Delivery and Access

Delivery will be made by granting You online access to the Subscription Services or by some other form of electronic communication in accordance with Your order. We aim to process Your subscription promptly but We do not promise that delivery or access will happen immediately nor are We liable for any problems, delays or losses in respect of delivery or access arising out of any cause beyond Our control. If for any reason We are unable to supply a Subscription Service, We will endeavour to inform You as soon as possible. We reserve the right to permanently withdraw any Subscription Service.

The username and password issued by Us to You as a MacBeal Member are personal to You and may not be used by anyone else to access the Site or any of the Subscription Services and must not be disclosed to any third party. If You believe that someone may be using Your username and password fraudulently You must notify Us immediately.

Subscription Periods, Cancellations, terminations and Refunds

When You subscribe to become a MacBeal Member and You have paid the first subscription fee We will send You a welcome message by email confirming that Your account has been activated The date on which this message is sent will be the first day of Your subscription as a MacBeal Member, unless You are entitled to a free trial of the Subscription Services in which case Your subscription period will begin at the end of the trial period (the "Start Date").

Your subscription as a MacBeal Member shall commence on the Start Date and subject to payment of all Subscription Fees or earlier termination shall continue until the end of that month and thereafter for periods of one calendar month (each month or part month being a "Subscription Month"). Your subscription will renew automatically at the end of each Subscription Month unless We or You cancel it.

You may cancel Your subscription by at any time giving Us two complete calendar months' notice in writing sent to:

Accounts Department

MacBeal Limited

100 Commerce House

High Street

Sutton Coldfield

B72 1AB

For example, if We receive a notice of cancellation on 15 May, termination will be effective at the end of the second complete month following such notice, i.e. 31 July, and We will provide (and You shall be liable to pay for) the Subscription Service and any Additional Services incurred up until this date.

We reserve the right to terminate Your membership as a MacBeal Member at any time without giving any reasons by giving You two (2) working days (meaning Monday to Friday excluding Bank Holidays) notice. Only the monthly subscription on a pro-rata basis will be due for payment along with payment of any other charges for MacBeal Services utilised.

Where Your subscription as a MacBeal Member is terminated for whatever reason You shall be bound to complete any contract arranged with You or by You through the Site prior to the date of termination.

In the rare instance where You may have been overcharged for any Subscription Service We will issue the refund in the form of a cheque or a refund to the credit or debit card originally charged. The choice of payment vehicle will be at Our sole discretion.

THESE PROVISIONS DO NOT AFFECT YOUR OTHER STATUTORY RIGHTS.

MacBeal Member Information

As a MacBeal Member and medical expert You may be required to provide:

·                     a copy of Your medico-legal CV;

·                     an anonymised sample report;

·                     details of Your fees;

·                     Your terms and conditions; and/or

·                     other professional information relating to You

·                     referees

As a MacBeal Member and instructing party You may be required to provide:

·                     relevant personal information

·                     company information

·                     professional information

·                     referees

together the "MacBeal Member Information".

Where You provide MacBeal Member Information You shall be responsible for ensuring that it is relevant and up to date. In particular, and without limitation You shall be liable for and agree to indemnify Us fully against any losses caused as a result of errors in the MacBeal Member Information. We do not undertake to retain copies of MacBeal Member Information and You should therefore maintain a copy of all MacBeal Member Information supplied to Us for future reference. You are responsible for keeping all MacBeal Member Information up to date so that it accurately reflect their Your current professional status.

You will also be asked to submit a 'profile page' summarising the certain parts of the MacBeal Membership Information relating to services provided by You, for example, fees and other important terms.

For the avoidance of doubt, in the event that there is any discrepancy between a MacBeal Member's terms and conditions as set out on a MacBeal Member's 'profile page' and that MacBeal Member's terms and conditions as set out in any other document, the terms set out on the MacBeal Member's 'profile page' shall prevail.

Client Material

Where You use this Site to upload, download or otherwise transmit information (including, in particular but without limitation, sensitive information relating to clients of a medical or legal nature) in any form including any text, photographs, graphics, video or audio ("Client Material") You warrant that:

•           You have the right to transmit such Client Material;

•           the Client Material is not defamatory; and

•           the Client Material does not infringe any law.

You agree to indemnify Us against all legal fees, damages and other expenses that may be incurred by Us as a result of Your breach of the above warranty; and

Formation of Contract

Where You use the Site to book an appointment with another MacBeal Member, such booking constitutes a binding contract with that MacBeal Member and by entering into such contract You agree to the fees, cancellation policy and the terms and conditions set out on the 'profile page' of that MacBeal Member or such other relevant terms and conditions. In the event of any discrepancy between the fees and/or terms and conditions set out on a MacBeal Member's 'profile page' and any other terms and conditions, then the fees and/or terms and conditions stated on the MacBeal Member's 'profile page' shall prevail.

Miscellaneous

As a MacBeal Member You shall be responsible for ensuring that, upon termination of Your account (either in whole or in part), You have noted all information necessary to complete all agreements and arrangements which You have made using the Site including, without limitation, appointments booked, details of experts and claimant information. We shall not be liable for any failure by You to do so.

Upon termination of Your membership as a MacBeal Member for whatever reason We reserve the right to delete any information held by Us relating to You including, without limitation, MacBeal Member Information and Client Material. You are advised to keep back-ups of all information submitted by You using the Site. We accept no liability for any losses suffered by You due to any failure on Your part to maintain such back-ups.

Except as specifically set out in these Terms of Use You may not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Subscription Services or Your rights as a MacBeal Member.

Where a MacBeal Member opts to receive transcription services which are available through the Site ("Transcription Services") through the Site as part of the Subscription Services, these Transcription Services will be subject to the Transcription Service End User Agreement. In the event of a conflict between these Terms of Use and the Transcription Service End User Agreement, the terms of the Transcription Service End User Agreement shall prevail.

Free Trial

Users of the Site who provide an appropriate MacBeal Promotional Code during the registration process will be entitled to a free trial period as a MacBeal Member during which no monthly subscription charges will be applied.

If We give You a free trial for any of the Subscription Services, You will be charged for Your subscription with effect from the expiry date of that free trial period.

If You do not wish to continue as a MacBeal Member after the Free Trial Period You must let Us know by sending Us an email not less than 2 days prior to the end of the Free Trial Period. If such notice is not given Your card will be charged and You will become a standard MacBeal Member.  

During the Free Trial Period:

·                     only the first booking of an appointment will be free of charge. All subsequent bookings will be charged the usual booking fee as stipulated in MacBeal Pricing.

·                     there will be charges for cancellation or rescheduling of an appointment as stipulated in MacBeal Pricing.

“Recommend MacBeal” Referral Programme

Where as a MacBeal Member You recommend another person to join as a MacBeal Member:

-           a 10% discount will be applied to Your monthly MacBeal invoice of MacBeal – medical experts DIRECT; or

-           a 5% discount will be applied to Your monthly invoice for MacBeal Transcription Services for each new member whom they recommend and who has provided the name of the recommending MacBeal member during registration.

Which discount applied depends on which service, in Our sole discretion, the new MacBeal Member is utilising.

To qualify for the discount the new MacBeal Member must join in their own right, i.e. they must not simply be a MacBeal Member operating under the account of a Main Account Holder.

The discount applies to the individual account charges of the recommending MacBeal Member only (and not to the charges relating to a group of users, if any, operating under that MacBeal Member in their capacity as a Main Account Holder).

The discount applies to the monthly subscription and to the charges for the MacBeal services availed during that particular month.

If a recommended MacBeal Member discontinues their subscription as a MacBeal Member (for whatever reason), then the entitlement to discounts for the referring party shall cease immediately (even if that user subsequently re-subscribes as a MacBeal Member).

We can, at anytime, cease the referral scheme that We offer. If the referral scheme is withdrawn at any time We will honour any discounts accrued prior to the date that the scheme is discontinued.

5. Privacy

Any personal data (for example, Your name, address, telephone number or e-mail address) that You transmit to the Site by electronic mail or otherwise will be used by Us in accordance with the Site's Privacy Policy. Any other communication or material You transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary and We can use them as We wish. If You provide Us with an email address then You are warranting that You are entitled to receive emails at that address.

6. Access Restriction

We reserve the right in Our sole discretion to suspend or permanently block Your access to this Site or any portion of it without prior notice.

7. Disclaimers

The Content on this Site may include inaccuracies or typographical errors. We reserve the right to make changes periodically to this Site at any time and without notice. However, We make no commitment to regularly update the information contained in this Site.  While We have taken reasonable effort to ensure that the information contained within the Site is correct, You should be aware that the information it contains may be incomplete, incorrect, or may have become out of date. Any information either taken directly, or inferred, from the Site should only be used as general guidance and may be subject to further clarification. Furthermore, We do not guarantee that this Site will operate uninterrupted or error-free, that defects will be periodically corrected or that it is compatible with Your computer, hardware or software. Information, advice and opinions expressed on this Site should not be relied upon for personal, legal, financial or other decisions. You should consult an appropriate professional for specific advice tailored to Your situation. 

All content (including the information, names, images, pictures, logos and icons regarding or relating to Us, services provided by Us (or third party services) are subject to change and are provided to You "as is" and on an "is available" basis without any representations or any kind of warranty made of any kind (whether expressed or implied by law) to the extent permitted by law, including, but not limited to, the implied warranties of suitability, satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Without limiting the foregoing, We neither warrant or represent that Your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date.

We assume no responsibility for any information provided or not provided on this Site or for the failure of any of Our services offered on this Site, including but not limited to the Subscription Services.

8. Exclusion of Liability

Your use of the Site is at Your own risk. To the fullest extent permissible by law, We exclude liability for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any direct, indirect, punitive, incidental, special, consequential or any other damages of any kind arising out of or in any way connected with its products or services, the use of or access to this Site or Content, or the inability to use this Site, any websites linked to this Site or the content of such websites (including without limitation: the inadvertent downloading of computer viruses from the Site or from e-mails sent from the Site that may infect Your computer equipment or from which data may be stolen, software, data or other property on account of Your access to, use of, or browsing this Site or Your downloading of any material from this Site or any websites linked to this Site), whether based in contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of any such damages. Nothing in these terms of use is intended to limit or exclude the user's statutory rights as a consumer (if any). Nothing in these terms of use exclude or limit Our liability for death or personal injury caused by negligence (as such term is defined by the unfair contract terms act 1977) or fraud or misrepresentation as to a fundamental matter; or any liability which cannot be excluded or limited under applicable law. If Your use of material on this Site results in the need for servicing, repair or correction of equipment, software or data, You assume all costs thereof. If You are dissatisfied with any portion of this Site Your sole and exclusive remedy is to discontinue using it.

Without limitation, We shall not be responsible for any problem You may experience with the Site or the Subscription Services due to the act or fault of any telecoms provider, internet service provider and/or technology supplier; systems maintenance; any unlawful activity of a third party including hacking, any viruses, spyware, other malware or similar destructive devices on a user's computer equipment; any incompatibility or technical fault in respect of Your computer hardware software and/or systems; Your registration details are inaccurate or out-of-date; Your email in-box is full and/or You are otherwise unable to receive communications from Us where this is not Our fault; You are not following any instructions We give You for using the Site or accessing the Subscription Services; Your system does not accept cookies or pop-ups; misuse by a third party using Your account details; or any other circumstance where We grant You access to a service but You are unable to receive it through no fault of Our own.

Whilst We use reasonable endeavours (as set out in these Terms of Use) to ensure that MacBeal Members and other users of the Site are genuine, it is not possible for Us to conclusively confirm the status of each and every MacBeal Member or user of the Site. In particular We shall not be liable for any losses suffered as a result of any MacBeal Member or user of the Site providing inaccurate or misleading information, falsifying the required registration documents or otherwise circumventing the registration process outlined above.

This Site is provided as a conduit for instructors and experts to communicate with each other. We make no representation as to (1) the qualification, experience or suitability of any other MacBeal Member or user of the Site to provide any service which You require (2) the quality of any work provided by any MacBeal Member or user of the Site; or (3) the quality of any instructions sent to You by any MacBeal Member or user of the Site. You are responsible for the assessment, selection and appointment of any MacBeal Member or user of the Site.

Whilst We have used reasonable efforts to ensure that any file transfers made through the Site are as secure as possible, You acknowledge that electronic communications are inherently not 100% secure. By using the Site to transmit Client Material You accept the associated security risks. You agree to indemnify Us against any claims, demands or proceedings brought against Us as a result of such transfers.

Notwithstanding anything else contained in these Terms of Use, Our liability to You in each calendar year for losses suffered by You as a result of Our breach of these Terms of Use shall be limited to the value of the fees actually paid by You to Us in that calendar year and in any case no more than £1000.

9. Our Losses

You agree to indemnify Us against any claims, demands or proceedings brought against Us by any third parties if they are a result of Your use of this Site, the Subscription Services or any other actions or omissions or where We suffer any loss or damage as a result of Your breach of these Terms of Use.  Your "use" of this Site includes any use by third parties where those parties access this Site using Your computer.  In such circumstances, You agree to pay Us all costs, damages and expenses (including reasonable legal fees) awarded against Us or otherwise incurred by Us arising from any claims, or legal proceedings. 

10. Links to third party web sites

The Site may contain links to websites owned or operated by third parties. Such links are provided for Your convenience only.  If You use these links, You may leave the Site or, alternatively, the link and third party website content may be framed within this Site. We have not reviewed all of these third party websites or such framed content, and do not control, and are not responsible for their operation nor for the content on or privacy policies on, or the security of, such websites. Without limiting the foregoing, We specifically disclaim any responsibility if such websites:

·                     infringe any third party's intellectual property rights;

·                     are inaccurate, incomplete or misleading;

·                     are not merchantable or fit for a particular purpose;

·                     do not provide adequate security;

·                     contain viruses or other items of a destructive nature; or

·                     are libellous or defamatory.

Neither do We endorse or make any representations about the content or any products or services available on such websites or any results which may be obtained by using them.  Neither is it associated with the operators or administrators of such websites. If You access such websites or establish a link to such websites or the Site, You do so at Your own risk and without Our permission.

11. Linking to this Site

ATTENTION: LINKING TO THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE AND LEGAL RESTRICTIONS AND THAT YOU WILL ABIDE BY THE GUIDELINES SET OUT BELOW. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR YOU DO NOT AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS SITE.

If You provide hyperlinks to this Site, You agree that You:

·                     may link to, but may not replicate, any Content;

·                     shall not frame or otherwise create a browser or border environment around any Content;

·                     shall not imply that We are endorsing You or Your products or services;

·                     shall not misrepresent You or Your website's relationship with Us;

·                     shall not present false, misleading or inaccurate information about Us or Our products or services on Your website or otherwise disparage Our products or services;

·                     shall not use Our logos, trade marks, service marks or the suchlike without express prior written permission from Us;

·                     shall not include content on Your website that is or could be construed as illegal, distasteful, offensive or controversial, which infringes any intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations and You shall include on Your website only content that is appropriate for all age groups;

·                     shall not remove or obscure any of the information, Content or notices contained on the Site;

·                     shall not link to an internal page of this Site that is located one or more levels down from the home page or bring up or present Content of this Site on another website without Our prior written permission;

·                     shall not link to a website that is not owned by You;

·                     shall inform Us in writing of the link; and

·                     shall immediately discontinue the link if instructed to do so by Us.

We expressly reserve the right to revoke the rights granted in this section for any breach of these Terms of Use and to take any further action We deem appropriate in respect of such breach.

12. Modification of the Terms of Use

We may at any time, and without notice, revise these Terms of Use by updating this posting online. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use. These Terms of Use cannot be altered by You unless it is agreed in writing by Us.

13. Miscellaneous

Nothing in the Content within the Site or materials accessed via the Site, other than the Terms of Use, Privacy Policy and Transcription End User Agreement is intended to form any binding contract. In particular, notes on products, services and the like are stated on an 'invitation to treat' basis (i.e. they are not offers which will become binding upon purported acceptance by You) and are 'subject to availability'. 

If We decide to waive any breach of obligation arising under these Terms of Use, then that does not mean that We have waived any other breach or any future breaches. 

All rights and remedies under these Terms of Use are cumulative and are not exclusive of any rights or remedies provided by law or by any other agreement.

If at any time any part of the Terms of Use are determined to be invalid, illegal or unenforceable in any respect pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations above, then that invalid, illegal or unenforceable part shall be severed from the remainder of these Terms of Use and the validity, legality and enforceability of the remainder of the Terms of Use shall not be affected or impaired in any way. Further, the invalid, illegal or unenforceable part will be deemed superseded by a valid, legal or enforceable part that most closely satisfies the intention of the original part. The validity, legality and enforceability of the remainder of the Terms of Use shall not be affected or impaired in any way.

We shall not be liable for any act or omission which is due to events beyond Our reasonable control.

A printed version of this Site and these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these Terms of Use or Your use of this Site.

These Terms of Use are not enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person not a party to them. 

These Terms of Use and Your use of the Site are governed by the laws of England, without regard to its choice of law provisions. The courts of general jurisdiction located within England, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

Any complaints which You may have should be sent to Us by email to complaints@macbeal.com or in writing to Complaints Department, MacBeal Limited, 100 Commerce House, High Street, Sutton Coldfield, West Midlands, B72 1AB or by fax to 0845 331 2070;

Copyright © 2006 MacBeal Limited. All rights reserved.

Privacy Policy

Last Updated 22 May 2006

1. Introduction

MacBeal Limited (a UK Company registered under company number 05560556 and whose registered address is at Kings Chambers, 201 Streetly Road, Birmingham, B23 7AJ and whose postal address is at 100 Commerce House, High Street, Sutton Coldfield, West Midlands, B72 1AB) ("We" or "Us") are committed to preserving the privacy of all visitors to http://www.macbeal.com and to protecting any personal information that you ("You") may provide to Us. "Your" and "Our" shall be construed accordingly. In particular, We believe it is important for You to know how We treat information about You that We may receive from this website (the "Site") and how We carry out data processing practices through the use of the Internet and any other electronic communications networks. Please read the following privacy policy to understand how We use and protect the information that You provide to Us or how We may use and protect it in the future. 

By registering for any services on this Site or by providing any information to Us, You consent to the collection, use and transfer of Your information under the terms of this policy. 

2. Information that We collect from You

It is possible for You to visit this Site without telling Us who You are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. In addition, there are parts of the Site where We may need to collect personal information from You for a specific purpose, such as to provide You with certain information You request, or where requested to register You for subscription services. We do this through the use of online forms and every time You email Us or provide Us with Your details in other ways (i.e. over the telephone, by fax, by mail etc.). The information collected from You may include but is not limited to:

·                     Your name, address, landline or mobile telephone numbers, fax number and e-mail address;

·                     company name and contact details;

·                     Your date of birth;

·                     credit or debit card information; and

·                     details of the ways in which You are happy to receive information from Us and/or selected third parties

We may :

·                     require the selection of a user ID and password for the use of some services or activities;

·                     offer You the opportunity to receive email updates and announcements concerning Our services and special promotions. Personal information You have provided to Us may be used to facilitate those communications;

·                     collect information about You from e-mails, letters, telephone calls, or from any other communications You send to or have with Us; and

·                     collect additional information automatically about Your visit to Our Site.

We encourage visitors to the Site to contact Us with questions and comments. Email addresses and other information in relation to persons doing so may also be collected in order to facilitate Our responses to those inquiries.

You will find that it is not compulsory to provide Us with any additional information We request which is not necessary or reasonable in order to provide You with the services You have requested.  Furthermore, please note that Our policy is not to ask for sensitive personal data - that is, data relating to: race or ethnic origin; political opinion; religious or other similar beliefs; trade union membership; physical or mental health; sexual orientation; criminal records.  We recommend that You do not provide such information to Us.  If You choose to do so for any reason, this will mean that You have given (and We accept) Your explicit consent for Us to use that information for the reasons described in this policy, or as explained at the time You provide the information. 

3. Use of Information Collected

Domain name information that We collect is not used to personally identify You and instead is aggregated to measure the number of visits, average time spent on the Site, pages viewed, etc. We use this information to measure the use of Our Site and to improve its content. 

When other personal information, such as Your name and e-mail address, is collected from You with Your consent (for example, through the use of on-line forms or via e-mail etc.) We generally let You know at the time of collection how We will use that personal information.  We may also use the personal information You provide or which We collect via this Site for the purposes of:

·                     providing any products or services that You have requested from Us (including providing subscription services;

·                     billing You and contacting You where necessary concerning Your orders.

·                     Your credit or debit card details will be handled securely to ensure confidentiality. responding to Your inquiries or to process Your requests in relation to Your information;

·                     administering records of Our subscription services;

·                     carrying out market research campaigns;

·                     maintaining information as a reference tool or general resource;

·                     making the Site easier for You to use and providing You with access to all parts of the Site; and

·                     helping You to quickly find services and information on the Site; and

·                     where necessary, crime prevention and prosecution of offenders.

Except with Your permission or as provided herein, We will not sell, trade or rent personal information about You to unaffiliated third parties.

We may also use and analyse the information We collect so that We can administer, support, improve and develop Our business.

In particular, We may use Your information to contact You for Your views on Our services and to notify You occasionally about important changes or developments to the Site or Our services.  Further We might also use Your information to contact You by post, telephone, fax, SMS or by e-mail (where You have consented to Us doing so) to let You know about other products and services which We offer and which may be of interest to You or which are offered jointly with or on behalf of other organisations.

We treat personal information provided by You securely and confidentially. We limit access to personal information to only those employees who need to know that information to provide support services to Our customers. These employees are trained on the importance of safeguarding this information and must comply with Our procedures and applicable laws.

If You change Your mind about being contacted in the future, please let Us know. 

By using the Site You consent to Us using Your personal information for the purposes described above.

4. Client Information

In addition to information which We collect from You, about You, the Site may be used for the upload and download of sensitive medical and legal materials relating to the conduct of cases and relating to particular clients ("Client Material").

Where You use the Site to transmit such Client Material, We will not access or process or deal with such Client Material in any way other than for the limited purposes of effecting transmission.

Where you deal with any Client Material you warrant to Us that you are permitted to do so and that You have complied with all obligations imposed upon You under the UK Data Protection Act 1998 and any other legislation (in any jurisdiction) of a similar nature which may apply to the Client Material transferred by or to You ("Data Protection Laws"). You agree to indemnify Us against any claims, demands or proceedings brought against Us by any third parties if they are a result of Your use of this Site and in particular any breach by You of any Data Protection Laws. 

4. Use of Cookies

Cookies are small amounts of information which We may store on Your computer to enable Our server to collect certain information from Your web browser. Cookies in themselves do not identify the individual user, just the computer used. Cookies and other similar technology make it easier for You to log on to and use the Site during future visits.  It also allows Us to monitor website traffic, to identify You when You visit this Site, to personalise the content of the Site for You and to enable You to both carry out transactions and have access to information about Your account. Cookies themselves only record which areas of the site have been visited by the computer in question, and for how long.  Allowing Us to create a cookie does not give Us access to the rest of Your computer and We will not use cookies to track Your online activity once You leave Our site.  Cookies are read only by the server that placed them, and are unable to execute any code or virus.  With most Internet browsers, You can erase cookies from Your computer hard drive, block all cookies or receive a warning before a cookie is stored. If You want to know how to do this please look at the help menu on Your web browser. However, please note that switching off cookies will mean that You may not be able to use certain features on Our Site.  Find out more about the use of cookies and on how to switch off cookies on http://www.cookiecentral.com or http://www.aboutcookies.org/controlcookies.asp.

5. Disclosures

The information You provide to Us will be held on Our server in the United Kingdom and may be accessed by or given to Our staff and to third parties including business partners (such as Our web agency and database management company) some of whom are located outside the European Economic Area, government bodies and law enforcement agencies, successors in title to Our business and suppliers We engage to process data on Our behalf, who act for Us for the purposes set out in this policy or for other purposes approved by You. Those parties process information, fulfil and deliver orders, process credit card payments and provide support and other services on Our behalf. We may also:

·                     disclose personal information You have provided through Our Site to persons or companies that We retain to carry out promotions and other activities for which You have registered or in which You have otherwise asked to participate;

·                     pass aggregate information on the usage of Our Site (e.g. We might disclose the median ages of visitors to Our Site, or the numbers of visitors to Our Site that come from different geographic areas) to third parties but this will not include information that can be used to identify You personally;

·                     allow carefully selected third parties, including other companies in Our group, to contact You occasionally about products and services which may be of interest to You (where You have consented to Us doing so) including [specify products/services which may be the subject of direct marketing].  They may contact You by post, telephone or fax, as well as by e-mail.  If You change Your mind about being contacted by these companies in the future, please let Us or them know.  

Finally, if Our business enters into a joint venture with or is sold to or merged with another business entity, Your information may be disclosed to Our new business partners or owners. 

Countries outside the European Economic Area do not always have strong data protection laws.  However, We will always take steps to ensure that Your information is used by third parties in accordance with this policy. 

Unless required to do so by law, We will not otherwise share, sell or distribute any of the information You provide to Us without Your consent.  

6. Users 16 and Under

If You are aged 16 or under, please get Your parent or guardian's permission before You provide any personal information to Us. Users without this consent are not allowed to provide Us with personal information.

7. Other websites

Our Site may contain links to other websites which are outside Our control and are not covered by this Privacy Policy. If You access other websites using the links provided, the operators of these websites may collect information from You which will be used by them in accordance with their privacy policy, which may differ from ours.

8. Data retention, security of information collected, internet based transfers and disclaimer

We will retain Your information for a reasonable period or as long as the law requires.  In accordance with the UK's Data Protection Act 1998, We employ strict physical, electronic, and administrative security measures to protect Your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage both on-line and off-line. 

Given that the Internet is a global environment, using the Internet to collect and process personal information necessarily involves the transmission of data on an international basis.  Therefore by browsing this Site and communicating electronically with Us, You acknowledge and agree to Our processing of personal information in this way. 

Whereas We employ reasonable measures to protect against viruses and other harmful components, the nature of the internet is such that it is impossible to ensure that Your access to the Site will be uninterrupted or error-free, or that this Site, its servers or emails which may be sent by Us are free of viruses or other harmful components.

9. Accessing and updating

Under the Data Protection Act 1998, You are entitled to see the personal information We hold about You and You may ask Us to make any necessary changes to ensure that it is accurate and kept up to date.  If You wish to correct or update the personal information that You have provided to Us of if You choose to opt out of any communications that You may have initially agreed to receive, please email Us at support@macbeal.com or in writing to Member Services, MacBeal Limited, 100 Commerce House, High Street, Sutton Coldfield, West Midlands, B72 1AB or by fax to 0845 331 2070. We are entitled by law to charge a small administrative fee to meet Our costs in providing You with details of the information We hold about You and We may require proof of Your identity before We supply the information to You.

10. Contacting Us

If You have any comments, queries or requests relating to Our use of Your personal information or any questions about this privacy policy please email Us at Support@macbeal.com or in writing to Member Services, MacBeal Limited, 100 Commerce House, High Street, Sutton Coldfield, West Midlands, B72 1AB or by fax to 0845 331 2070. We welcome Your questions and any suggestions You may have about Our privacy policy.

11. Changes to this Policy

We reserve the right to revise or supplement this Privacy Policy from time to time. You should bookmark and periodically review this page to ensure that You are familiar with the most current version of this Privacy Policy and so You are aware of what information We collect, how We use it and under what circumstances We disclose it. You can determine when this Privacy Policy was last revised by checking the "Last Updated" legend at the top of the Policy.