1. www.solicitoradvocates.org (“the website”) is the website of the Society of Solicitor Advocates (“the Society”), an unincorporated organisation formed to represent the interests of solicitor advocates in Scotland and to promote excellence in advocacy before the Scottish courts.
2. Instruct+ ® is an online and smartphone resource provided by the Society for members of the Society and for solicitors who wish to contact a solicitor advocate with a view to instructing representation and/or other relevant instruction. The use of the resource does not create any instruction but merely augments existing methods of contact between our members and solicitors.
In using Instruct+, you acknowledge that the Society is not acting as a contractor or agent and is not responsible for any work done. It is your responsibility to select a suitable solicitor advocate and to negotiate the terms for any work that they undertake. The Society will not be involved or held liable for the agreement between any party who chooses subsequently to instruct or otherwise any specific solicitor advocate.
3. Please read these terms and conditions carefully before using Instruct+. Any use of Instruct+ indicates that you accept these terms and conditions.
4. The Society reserves the right to change these terms and conditions at any time by posting the changes on the website. The modified terms and conditions shall take effect upon their posting on the website. Your use of Instruct+ after the posting of the changes will signify your agreement with them. It is your responsibility to check periodically for changes to the terms and conditions.
Operator of Instruct+
5. Instruct+ is operated and maintained by the Society.
Any enquiries should be directed to:
The Society of Solicitor Advocates
52a Kettil’stoun Mains
Telephone – 01506 846587
6. Instruct+ is a facility that enables solicitors and others to make initial contact only with members of the Society. It does not create an instruction. The decision to proceed with any instruction remains at the sole discretion of the parties.
7. These pages contain general information only. The information provided on Instruct+ does not constitute professional or legal advice. We cannot accept any liability for actions arising from its use.
8. The Society makes no warranties, representations or undertakings about any of the content of Instruct+ (including, without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content).
9. You understand that the Society does not in any way 'vet' or approve solicitor advocates who are listed on the site. Those listed on the site are members of the Society from time to time. The Society reserves its right to withhold membership in full and or in part from time to time at the Society’s own discretion.
10. If you choose, or are given, a security mechanism such as a password, username and PIN, you must treat it as confidential, and not disclose it to any third party.
11. You agree to indemnify us for any losses or expenses caused by the disclosure by you or by the unauthorised use of such a security mechanism.
12. We shall be entitled to make reasonable enquiries to verify your identity prior to allowing you access to Instruct+.
13. The content of Instruct+ is copyright © the Society of Solicitor Advocates 2012. You may download to a local hard disk and print extracts from Instruct+ for your personal use. You may also recopy downloaded extracts to others provided you do not do so for profit.
14. However, reproduction of part or all of the contents in any form is prohibited unless for personal use. None of the content of Instruct+ may be copied or otherwise incorporated into or stored in any other website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other). For the avoidance of doubt, framing of Instruct+ or any part of it is not permitted without express permission.
15. Notwithstanding the above, caching of Instruct+ is permitted by an information service provider acting in the normal course of its business as provided for in the Electronic Commerce ( EC Directive) Regulations 2002.
16. The Society owns a number of registered and unregistered trademarks including but not limited to THE SOCIETY OF SOLICITOR ADVOCATES and INSTRUCT+ ®. You may not use any trademarks belonging to the Society from time to time, without the Society’s prior written consent.
17. The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials that users upload to Instruct+ are retained by the copyright owner. These are added to the site by users at their own risk. In doing so users are giving expressed and irrevocable permission for us to store, display and use the materials.
18. You agree to use Instruct+ only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else's use and enjoyment of instruct+. Messages, profiles, job descriptions and other content must be civil and tasteful.
19. You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked from the website and any related App (operating under the name Instruct+ or otherwise), are the sole responsibility of the person from whom such materials originated. You are entirely responsible for all material that you post, email or otherwise make available via Instruct+.
20. You understand that the Society does not control, and is not responsible for material made available through Instruct+. Under no circumstances will the Society be liable in any way for any material or for any loss or damage of any kind incurred as a result of the use of any material posted, emailed or otherwise made available via Instruct+.
21. You acknowledge that the Society does not pre-screen or approve all material, but that the Society shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any material that is available on Instruct+ for violating the letter or spirit of the terms or for any other reason.
Exclusion of liability
22. Instruct+ and its contents are made available "as is" without any representation or warranty of any kind, whether express or implied. Despite careful checking, the content may contain eventual inaccuracies or typographical errors. Changes will be made to Instruct+ from time to time.
23. You acknowledge that the Society has no control over the internet and does not take responsibility for viruses or malicious computer codes transmitted through Instruct+ or for internet service interruptions.
24. Your use of Instruct+ and its content is entirely at your own risk. Under no circumstances will the Society be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via Instruct+.
25. In using Instruct+, you acknowledge that the Society is not acting as a contractor or agent and is not responsible for any work done. It is your responsibility to select a suitable solicitor advocate and to negotiate the terms for any work that they undertake. The Society will not be involved or held liable for the agreement between any party who chooses subsequently to instruct or otherwise any specific solicitor advocate.
26. We recommend that any party, before entering into an instruction with any solicitor advocate, satisfies themselves as to the appropriateness of any instruction including securing any other necessary document.
27. In no event shall the Society, its suppliers, or any third parties referred to in Instruct+ be held responsible for any damages whatsoever (such as, but not limited to, incidental and consequential damages) that are caused to you in connection with the use of, or the inability to use, Instruct+ and its content.
Dealings with organisations and individuals
28. Your interactions with organisations and/or individuals found on or through Instruct+, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.
29. You agree that the Society shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users of Instruct+ (“users”), or between users and any third party, you understand and agree that the Society is under no obligation to become involved.
30. In the event that you have a dispute with one or more other users, you hereby release the Society, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
Termination of service
31. You agree that the Society, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of instruct+, immediately and without notice, and remove and discard any content within Instruct+, for any reason, including, without limitation, if the Society believes that you have acted inconsistently with the letter or spirit of the terms.
32. You agree that the Society shall not be liable to you or any third-party for any termination or restriction of your access to Instruct+.
33. You agree not to attempt to use Instruct+ after said termination.