MCSHANES SOLICITORS ONLINE TERMS AND CONDITIONS
This page (together with our Privacy and Cookies Policy) sets out the terms and conditions (the “Terms”) on which we, the business trading as McShanes Solicitors (“we”, “our”, “us”), provide our services through our website http//www.mcshaneandco.com. Please read these Terms carefully before using our website. By using our website, you agree to be bound by these Terms.
We reserve the right to change these Terms from time to time by changing them on this page. We recommend that you print a copy of these Terms for future reference. These Terms are only in the English language.
Use of your personal information submitted via the website is governed by our Privacy and Cookies Policy.
For the avoidance of doubt, please note that references to “website” in these Terms include any current or future version of our website www.mcshaneandco.com through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).
By using any part of the website, you indicate that you accept these Terms and that you agree to comply with them. If you do not accept these Terms, you should leave the website immediately, and you will not be able to order any products or services through the App.
- INTRODUCTION AND OUR ROLE
- Business details: McShanes Solicitors is a business name registered in Northern Ireland whose registered office is at 34 Hill Street, Newry.
- Service: We provide a way for you to pay for your legal services received via our website
- YOUR STATUS
- Capacity and age: By paying via the website, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old.
- Capacity and age: By paying via the website, you warrant that:
- HOW TO MAKE A PAYMENT AND HOW IT IS PROCESSED
- Payment authorisation: Where any payment you make is not authorised, your bill will not be processed.
- Processing your Order and rejections: On receipt of your Order, we will begin processing it and will notify you by email that your payment has been received and is being processed. Please note that any confirmation page that you may see on the website and any Order confirmation e-mail that you may receive each merely indicate that you have completed the form correctly and it has been received and is being processed by us, and does not necessarily mean that your payment has been accepted by the company.
- PRICE AND PAYMENT
- You will be issued with a bill of cost from our office, either in paper form or via email. It will include a Professional fee, VAT and any outlay in your case.
- Payment methods: Payment for Bills must be made by an accepted credit or debit card through the website. Payments will display on your bank account statements as McShaneandco.
- Card payments: If you pay by credit or debit card, please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
- Rejected Payments: Because of standard banking procedures, once you have submitted a payment that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will “ring-fence” the full amount of your payment. If your payment is subsequently rejected or cancelled for any other reason, your bank or card issuer will not transfer the funds for the to us, and will instead release the relevant amount back into your available balance. However, this may take up to 10 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that we will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
- CUSTOMER CARE
- General: Customer care is extremely important to us. One of our staff members will therefore try to assist you where possible if you have any problems with your payment. You can contact our Customer Care team by clicking or selecting the “Customer Support”, “Help” or similar button or by calling the telephone number 02830266611.
- Complaints or feedback: In the event that you are dissatisfied with the service provided by a Supplier, please consider providing feedback on our website, to reflect your experience. The Reviews are an important part of our quality control process.
- WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
- We do not guarantee that our website will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
- General: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms affects your statutory rights.
- Exclusion of liability: Subject to clause 15.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the website for:
- any loss of profits, sales, business or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Limitation of liability: Subject to clauses 14, 15.1 and 15.2, our total liability to you in respect of all other losses arising under or in connection with the Service or the App, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or EUR100, whichever is lower.
- Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the App, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
- Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the website immediately by notifying you in writing (including by email)
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
- A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- 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;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the actions, legislation, regulations, orders or restrictions of any government.
- Our performance under these Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
- ADDITIONAL TERMS
- Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Entire agreement: These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede and replace all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
- No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
- Assignment: You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
- Headings: The headings in these Terms are included for convenience only and shall not affect their interpretation.
- GOVERNING LAW AND JURISDICTION
- These Terms shall be governed by and construed in accordance with the laws of Northern Ireland. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Northern Ireland.