In these terms and conditions 'you' refers to you as an individual self-employed barrister and 'we', 'us' and 'our' refers to Bar Select Limited ('Bar Select'). 'LEX' refers to the proprietary diary management system provided by Bar Squared Limited. The "Bar Select service" is the service that we agree to provide to you as a Member of Bar Select and which you agree to pay us for in accordance with the terms of this agreement. "Member" includes Provisional Member and Full Member. Headings do not form part of these terms and conditions and will not affect their interpretation. These terms form the entire agreement between you and us and replace any earlier, agreement, warranty or representation. You acknowledge that neither you nor we have entered into this agreement in reliance on any representation save to the extent that such a representation is a written term of this agreement.
Applicable terms and conditions
In applying to become a Member, you agree to observe these terms and conditions. You also agree to observe the general site use terms when using any Bar Select website including www.barselect.co.uk ("the Website").
Member entitlements
Subject to these terms and conditions, and payment of the Membership charges, whilst you are a Full Member you are entitled to a dedicated LEX diary hosted by us and to have your details presented to clients making use of our searchable directory of Members. We undertake to use reasonable care and skill in the provision of the Bar Select service.
Membership charges
You agree to pay the charges set out on the Website. Your listing will only be made live once payment has been made.
Membership term & warranty
Your membership of Bar Select is for 12 months and will only remain in place so long as you have paid the Membership charges; it is your responsibility to renew your membership. You warrant to us that you have a current practising certificate and professional indemnity cover with Bar Mutual or other insurer. Notwithstanding the membership term you are entitled to instruct us to remove your details from the Website and LEX hosted diary at any time and we will use our reasonable endeavours to do so.
Right to amend these terms
Bar Select may at any time revise these terms on notice to you by email to the email address provided to us by you for the purposes of your registration as a Member. You are responsible for reviewing all information sent to you by us by email. The continued use of the Website after changes in terms have been notified to you constitutes your acceptance of the modified terms.
Right to refuse & terminate registration
We reserve the right (in our absolute discretion) to refuse your application to be registered as a Member and to terminate your registration without notice if you commit a material breach of the terms of this agreement and otherwise on at least one month's notice to expire immediately prior to the next due date of the monthly subscription charge. On termination without notice we will return the current advance monthly subscription pro rata to the number of days left as at the date of termination until the next due date of the monthly subscription charge. You acknowledge that on termination we remain entitled to continue to collect fees and make the percentage deduction in respect of work booked through the Website.
Warranty regarding registration information
You warrant to us that the information in your application for registration as a Member (including your personal profile and any documentation linked to it) is accurate and that you will keep your listing complete and up-to-date via your online access to the Website. We are nevertheless entitled to exercise full editorial control over the content of the Website. On registration, you will be allocated a user profile and required to select a user name(s) and password(s). You will be responsible for safeguarding your user name(s) and password(s) and ensuring that they are used only in accordance with your direction. You should not disclose either user names or passwords to anyone whose actions you are not prepared to be responsible for as they will be binding on you.
Warranty of competency
You warrant that you are qualified and competent to offer the services that you offer via the Website. You agree to indemnify us (and keep us indemnified on an actual cost basis) against all costs, claims and liabilities we incur as a result of your relationship with clients that have engaged you through the Website.
Non-involvement in relationships between you and your clients
You acknowledge that we do not vet clients using the Website and that any dispute between you and your client is strictly between you.
Indemnity
In addition to the indemnity referred to above you agree to indemnify us fully against any losses, costs, claims or liabilities arising from your breach of these terms and conditions and in respect of any claims against us arising from your use of the Bar Select service save and to the extent that any losses, costs, claims, liabilities or claims against us arise from our own negligence or breach of contract.
No partnership or Agency
Nothing in these terms creates a legal partnership between you and us nor do we act as your agents.
Notices
Any notices to us (other than notice of termination of membership) shall be given by forwarding by pre-paid Special Delivery post (or its local equivalent for international mail where you are based outside the UK) to us at our registered office and to you to either the email or postal address you have provided to us during the registration process or of which you subsequently notify us. Notice by e-mail will be deemed to be given 24 hours after it is sent unless a non-delivery notification is received (provided you confirm email notice by sending a copy of it by pre-paid Special Delivery or equivalent post) and notice by post will be given on the third day after posting.
Privacy policy
The Bar Select privacy policy applies to all users sending personal information to us via this website or by email.
Applicable laws
These terms are governed and construed in accordance with by the laws of England. If any of the terms is held to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining terms. You agree to submit to the non-exclusive jurisdiction of the English Courts in relation to any dispute between you and us arising out of your use of the Bar Select service.