Terms of use


  1. Introduction

    1. These terms of use (together with the other documents referred to in them, which are collectively referred to here as the Terms of Use) tell you the terms on which you may download the Brief Encounter mobile application (App) and access the Brief Encounter platform and associated services, whether through the App, a web app, the website briefencounter.com or other means made available from time to time (together the Service, as further described in clause 5 below).
    2. The App and Service is provided by Brief Encounter Limited (Brief Encounter, us or we). We are a limited company registered in England and Wales under company number 09065516, whose registered office is at Jubilee House, East Beach, Lytham St. Annes, Lancashire, FY8 5FT.
    3. These Terms of Use constitute a legal agreement between Brief Encounter and you as a User (as described in clause 3 below) of the Service. By downloading the App or accessing the Service, you agree to these Terms of Use.  If you do not agree to abide by these Terms of Use, you may not download the App or access the Service.
  2. End-user licence applying to the App

    1. On condition of you agreeing to abide by these Terms of Use, upon downloading the App to a mobile telephone or other device (Device) we grant you a non-transferable, non-exclusive licence to use the App on that Device to access the Service, subject to these Terms of Use. We reserve all other rights.
    2. Except as expressly set out in these Terms of Use or as permitted by any local law, you agree:
      1. not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
      2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
      3. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
        1. is used only for the purpose of achieving inter-operability of the App with another software program;
        2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
        3. is not used to create any software that is substantially similar to the App;
      4. to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
      5. to retain any copyright notices on all entire and partial copies you make of the App on any medium;
      6. not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
      7. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
    3. You will be assumed to have obtained permission from the owner of any Device used to download the App. You and they may be charged by your and their service providers including for internet access on the Devices. You accept responsibility in accordance with these Terms of Use for the use of the App on or in relation to any Device, whether or not it is owned by you.
  3. Becoming a User and access to the Service

    1. In order to access the Service, including through the App, you must first register with Brief Encounter as a User.
    2. To become a User, you must complete all of the required fields set out in the registration process accessed via the Service. You confirm to us that any registration information provided to us is complete, accurate and not misleading and that you will keep it up to date as it changes over time.
    3. Users may register to access the Service in one of the following roles:
      1. Lawyer”. a professionally qualified solicitor, barrister, chartered legal executive or accredited police station representative;
      2. Client”, a person seeking the services of a Lawyer; or
      3. Law Firm”, a regulated firm providing legal services.
    4. Lawyers must hold a current practising certificate issued by the Solicitors Regulation Authority. By registering as a Lawyer you confirm that you have all relevant qualifications and authorisations and that you are not aware of any reason why you are not able to provide legal services to Clients as contemplated by these Terms of Use.
    5. If you register a limited company, LLP or other incorporated entity as a Client, you confirm that you are duly authorised by the Client to access the Service and to bind the Client in that regard.
    6. Law Firms must be duly authorised by the Solicitors Regulation Authority and/or other applicable bodies. By registering as a Law Firm you confirm that you have all relevant authorisations and that you are not aware of any reason why you are not able to provide legal services to Clients as contemplated by these Terms of Use.
    7. If you are a Lawyer, we may request you provide your payment card details at the stage of initial registration. Any payment card details you give us will not be stored by us and will be encrypted and stored securely by our payment processing provider. We reserve the right to suspend provision of the Service until such time as we have valid payment card details on record.
    8. The contract between us will only be formed when we accept your registration as a User. If we are unable to accept your registration request, we will inform you of this during the registration process.
    9. Your right to access the Service will be on-going unless ended in accordance with these Terms of Use, in particular clause 15.
    10. We reserve the right to deactivate any User accounts which have not been used for six months or more. Fake profiles are not permitted.
    11. The Service is intended for use by Lawyers and Law Firms in a business context only, and not for use by them for domestic or private purposes or otherwise as a consumer.
    12. Brief Encounter is intended for use in England and Wales and we have no liability whatsoever in relation to use of the Service in or from other territories.  Wherever you access and use the Service from, you agree that you will only use the Service in a manner consistent with these Terms of Use and any and all applicable local, national and international laws and regulations. To the extent that your use of the Service is not legal in your territory, you may not use the Service.
    13. You are responsible for making all arrangements necessary for you to have access to the Service.
  4. Protection of User account and password

    1. You must treat any User account log ins, user identification codes, passwords or any other pieces of information as part of our security procedures, as confidential. You must not disclose them to any third party or authorise others to use your User account.
    2. You may not transfer your User account to any other person or entity. If you know or suspect that anyone other than you has obtained your user identification code or password and/or has accessed your User account, you must immediately notify us using the “Contact Us” section of the platform and change your password.
    3. You are responsible for the acts and omissions of any third parties who use your User identification code or password to access your User account, whether fraudulent or not, and you agree to reimburse us on demand for any loss we may suffer as a result of such use.
    4. We have the right to disable any User identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.
  5. The Service

    1. The Service consists of access to the Brief Encounter platform and associated services. The specific Brief Encounter functionality and the details of the associated services available will be as provided to you from time to time through the platform, and as described on our website. The functionality will vary depending on your User role.
    2. On condition of you agreeing to abide by these Terms of Use, we hereby grant you a non-transferable, non-exclusive licence while you remain a User to access the Service in accordance with these Terms of Use.
  6. Charges

    1. Lawyers shall pay a monthly charge (the Charges) in relation to the access to the Platform Content (as defined in clause 10.1 below) provided as part of the Services. The level of the Charges will be as notified to you (including as may be set out on the Brief Encounter website) from time to time.
    2. The Charges are payable by Lawyers monthly in advance via our chosen payment processor using the payment card details provided. Brief Encounter does not directly store any payment card details. Access to and use of the Service by Clients and Law Firms is free of charge.
    3. We reserve the right to suspend the provision of the Services in the event that Charges are not paid when due.
    4. Unless expressly stated otherwise, Charges are inclusive of all applicable taxes.
    5. We reserve the right to change the Charges at any time on one month’s written notice to you (including by email). If you do not wish to continue to be a User under the new Charges, you may end it in accordance with clause 15.1. 
  7. Data and Privacy Policy

    1. These Terms of Use refer to our Data and Privacy Policy, which sets out the terms on which we process any data (whether personal data or otherwise) we collect from you, or that you provide to us. Our Data and Privacy Policy also incorporates our Cookies Policy.
    2. By using the Service you consent to such processing by us in accordance with our Data and Privacy Policy and you warrant that all data provided by you is accurate to the best of your knowledge.
  8. Submitted Content

    1. From time to time you and other Users will submit information to the Service, including when setting up your User profile on the Service, uploading information (including but not limited to diary information) while using the Service, and when using any communication, messaging, blogging or social media functionality that may form part of the Service from time to time (Submitted Content).
    2. Your Submitted Content is solely your responsibility. In particular:
      1. your Submitted Content must comply with these terms of use, in particular the content standards set out at clause 14 below. You warrant that any such User Content complies with these Terms of Use; and
      2. it is your responsibility to ensure that your Submitted Content is up to date and suitable for disclosure to other Users through the Service. You should not disclose privileged, private or otherwise sensitive information unless you are happy for it to be shared through the Service.
    3. We will not control, verify or otherwise check Submitted Content and we take no responsibility for it whatsoever, including for its accuracy, completeness or suitability for use in the Service.
    4. However we reserve the right to refuse to process and to remove Submitted Content if, in our sole opinion, it does not comply with these Terms of Use or any applicable law, or upon the reasonable request of any third party.
    5. Except as shared with other Users as part of the Service, we will hold all Submitted Content securely and treat it confidentially, subject to these Terms of Use, including our Privacy Policy.
  9. Intellectual property rights

    1. Whilst the User (or your relevant licensors) will retain ownership of the copyright and all other intellectual property rights whatsoever (and wherever existing in the world, together IP Rights) subsisting in its Submitted Content, the User hereby:
      1. grants to us (or, as relevant, agrees to procure the grant to us of) a licence to use such Submitted Content in accordance with these Terms of Use including in order to provide the Service;
      2. confirms that the User is duly licensed to submit the Submitted Content to us and that the use of Submitted Content in accordance with these Terms of Use will not breach a third party’s rights including but not limited to any IP Rights or rights in confidential information and agrees to indemnify us in respect of any loss or damage (including legal fees) incurred by us in the event of a breach of this clause 9.1.2; and
      3. agrees that Submitted Content may become part of a database and that we will own the rights in that database.
    2. Except for Submitted Content, we are the owner or the licensee of all IP Rights subsisting in the Service including any Platform Content, the App and any other software used in the provision of the Service. All such rights are reserved and you have no rights in, or to, the Service including Platform Content other than the rights to use it in accordance with these Terms of Use.
    3. We warrant that (except in relation to Submitted Content) the use of the Service in accordance with these Terms of Use will not infringe any third party IP Rights.
    4. You are under no obligation to provide feedback, improvements or other suggestions (Feedback) that might improve the Service, however if you do so, you acknowledge that Brief Encounter is free to use such Feedback in any way and that Brief Encounter shall own any and all intellectual property rights subsisting in or arising in relation to such Feedback as it may be incorporated into the Service.
  10. Use of Platform Content

    1. The Service provides (amongst other things) Users with access to training, development tools, practice notes, guidance and other information or data (together Platform Content). Your access to Platform Content will depend on your User role.
    2. Whilst we do our best to provide a reliable and accurate Service, you acknowledge and agree that:
      1. we make no guarantee that Platform Content is correct, complete, accurate or up-to-date and we take no liability in that regard;
      2. Platform Content may be dependent on the quality and accuracy of source information available to us;
      3. any use of or reliance by you on any Platform Content is entirely at your own risk, we take no responsibility for the consequences of such actions and in particular no guarantee is made by us that such actions will benefit you or your business in any way; and
      4. we are not a provider of professional services of any kind. The Service and the Platform Content are for general information purposes only and do not constitute any form of legal advice. You are responsible for ensuring that your use of the Service and any Platform Content is sufficient or appropriate for any particular use or circumstances including taking separate legal or other specialist advice to confirm information provided as part of the Platform Content.
    3. You agree not to share Platform Content with third parties without our prior written consent. For the avoidance of doubt the foregoing does not prevent you from using Platform Content in accordance with these Terms of Use for your own purposes (including business purposes).
  11. Interaction with other Users

    1. You acknowledge that any use by you of the Service in order to engage with other Users is entirely at your own risk. We take no responsibility for the consequences of such actions. All decisions and actions taken by you in connection with any such engagement are your responsibility and taken at your own risk.
    2. We do not endorse, support, represent or guarantee the competence or quality of any services you might receive from other Users with whom you have communicated using the Service. You acknowledge that any issues in that regard should be addressed directly to the User in question and that we have no liability or responsibility in that regard whatsoever.
  12. Limitation of our liability

    1. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
    2. We do not guarantee that the Service will always be available or that access to it will be uninterrupted. Access to the Service is permitted on a temporary basis. We may suspend, withdraw or discontinue or any part of the Service without notice. We will not be liable to you if, for any reason, the Service is unavailable at any time or for any period.
    3. In relation to the use of the Service:
      1. to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service, whether express or implied;
      2. we will have no responsibility or liability to any party (including but not limited to any Advisers) other than the User; and
      3. subject to these Terms of Use in particular clauses 10, 11 and 12.2, we will not be liable for any loss or damage whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with the following:
        1. loss of profits, sales, business or revenue;
        2. loss of agreements or contracts;
        3. business interruption;
        4. loss of anticipated savings;
        5. loss of business opportunity, goodwill or reputation;
        6. loss of use or corruption of software, data or information;
        7. cost of procurement of substitute goods, services or technology; or
        8. any special, indirect or consequential loss or damage.
    4. We use reasonable endeavours to remove bugs or viruses but we do not guarantee that the App or the Service will be secure or free from bugs or viruses. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service.
    5. Subject to clauses 12.1 to 12.4, our total liability, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms of Use including the receipt of the Service shall be limited to the charges paid by the User in question for the Service in the 12 month period prior to the date on which the claim arose.
    6. You agree to indemnify us in respect of all loss or damage whatsoever arising from your breach of these Terms of Use.
  13. Prohibited uses of the Service

    1. You may use the Service only for lawful purposes. You may not use the Service:
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below;
      4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
      5. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    2. You also agree:
      1. not to reproduce, duplicate, copy or re-sell any part of the Service in contravention of these Terms of Use;
      2. not to impersonate any other registered users; and
      3. not to access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same): (i) the accounts of other Users; (ii) any part of the Service or its security measures; (iii) any equipment or network on which the Service is stored; or (iv) the App or any other software used in the provision of the Service.
  14. Content standards

    1. These content standards apply to any and all Submitted Content (as defined in clause 8.1 above) submitted by you in your use of the Service.
    2. You must comply with the spirit of the following standards, as well as the letter. The standards apply to each part of any User Content as well as to its whole.
    3. Submitted Content must:
      1. be accurate (where it states facts);
      2. be genuinely held (where it states opinions); and
      3. comply with applicable law in the UK and in any country from which it is posted.
    4. Submitted Content must not:
      1. (except as contemplated by the normal use of the Service) amount to advertising or offering for sale existing products, services or events including, without limitation, competitions, links to other websites or premium rate telephone numbers;
      2. contain any material which is defamatory or inaccurate of any person;
      3. contain any material which is obscene, offensive, hateful or inflammatory;
      4. promote indecent or sexually explicit material;
      5. promote violence;
      6. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      7. infringe any copyright, database right, trade mark or other intellectual property rights of any other person;
      8. contain video, audio photographs or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
      9. be likely to deceive any person;
      10. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
      11. advocate, promote, assist or enable any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intend to defraud, swindle or deceive other Users;
      12. be threatening, abuse or invade another's privacy or cause annoyance, inconvenience or needless anxiety;
      13. be likely to harass, upset, embarrass, alarm or annoy any other person;
      14. be used to impersonate any person or to misrepresent your identity or affiliation with any person;
      15. give the impression that they emanate from us, if this is not the case; or
      16. disseminate or otherwise disclose another person's personal information without his or her prior permission, or collect or solicit another person's personal information for commercial or unlawful purposes.
  15. Ceasing to be a User

    1. You may cease to be a User at any time by notifying us using the relevant section of the Service. Your right to receive the Service will end immediately, but you acknowledge that you will not receive any refund of any Charges already paid in relation to the remainder of the relevant payment period.
    2. We will determine, in our discretion, whether there has been a breach of these Terms of Use through any use by you of the Service. If such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:
      1. immediate, temporary or permanent withdrawal of any relevant User account and/or your right to use the Service;
      2. immediate, temporary or permanent removal of any Submitted Content;
      3. the issue of a warning to you;
      4. legal action against you and/or the User; and
      5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    3. The responses described above are not limited and we may take any other action we reasonably deem appropriate.
    4. If you cease being a User for any reason:
      1. you must immediately cease using the Service;
      2. you must immediately delete or remove the App from all Devices and destroy all copies of the App in your possession or control and (if requested by us) certify that you have done so;
      3. we may delete any or all of your Submitted Content..
  16. Changes to these Terms of Use, the App and the Service

    1. You will be asked to read and accept these Terms of Use at the time you first access the Service.
    2. We may revise these Terms of Use at any time and in the event of such a revision, you may be asked to read and accept the revised Terms of Use at the next time you access the Service.
    3. From time to time updates to the App may be issued. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms relating to it.
    4. We may update the Service from time to time, and may change the content and/or functionality provided through the Service at any time.
    5. No variation to these Terms of Use may be made save by a variation notified by us as described above, or else in writing signed by you and us.
  17. Third party links and resources in Brief Encounter

    1. Where the Service contains links to other sites and resources provided by third parties who are not under our control, these links are provided for your information only.
    2. We have no control over, and assume no responsibility for, the content of those sites or resources or their availability. Any such links should not be interpreted as endorsement by us of those sites and we will not be liable for any loss or damage that may arise from your use of them.
    3. You acknowledge that you are solely responsible for any links to external sites that you include in your User profile or otherwise provide to other Users through the Service.
  18. Third party rights

    1. A person who is not a party to these Terms of Use shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Use, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
  19. Applicable law

    1. These Terms of Use, their subject matter and their formation, are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
  20. Trade marks

    1. “Brief Encounter” is a registered trade mark and the Brief Encounter logo is a trade mark of Brief Encounter Limited. All our rights are reserved.
  21. Contact us and complaints

    1. To contact us, including with any comments or complaints regarding the Service, or if you are concerned that any content accessed through the Service breaches intellectual property or other rights, please contact our support line, use the “Contact Us” section of the App or email help@briefencounter.com.