Premium Care Scheme Terms Conditions

Keepmedriving Premium Care Scheme Terms and Conditions

The terms and conditions set out below relate to the provision of the Keepmedriving Premium Advice Service to those who have registered with the service and, where appropriate, paid the correct membership fee. For the terms and conditions which apply to the public parts of the web site go to the main web site terms and conditions and for the terms and conditions relating to the delivery of legal advice and representation by Keepmedriving and Richard Nelson LLP please go to Richard Nelson LLP Terms and Conditions of Business.

Keepmedriving Premium Care Scheme Terms and Conditions of Use

GENERAL

1. The website www.keepmedriving.com and www.keepmedriving.co.uk (”the Website”) and the membership scheme Keepmedriving Premium Care Scheme are provided by Keepmedriving which is a division of Richard Nelson LLP whose administration address is Priory House, 1 Derby Road, Nottingham, NG9 2TA.
2. These terms and conditions apply only to the provision of services through the public and Premium Care Scheme parts of the Website and to the provision of any first-aid guidance provided as part of the Premium Care Scheme. They do not apply to the provision of the advice and representation services nor to any separate legal services offered by or through Keepmedriving , Richard Nelson LLP or any of the other similar services offered by Richard Nelson LLP. In the event that you instruct Keepmedriving or Richard Nelson LLP to act for you in relation to any legal matters, then a separate client care letter and terms and conditions in respect of that legal advice or representation will be issued to you and will apply in relation to those instructions. The term and conditions which will apply in those circumstances can, however, be found on the Keepmedriving web site.
3. These terms and conditions govern your use of the Website and membership of the Keepmedriving Premium Care Scheme (“the Scheme”). Information relating to the Keepmedriving policy on the storage and use of personal data can be found in a separate document on the Keepmedriving web site entitled Privacy Policy. All users of the Service should ensure that they read and understand these terms and conditions prior to agreeing to become a member of the Scheme.
4. You should read and ensure that you understand these terms and conditions before you start to use the Website. We would suggest that you print and keep a copy for your reference.
5. Please note that the Website and the Scheme are intended for use only by residents of England and Wales and that they do not purport to give advice or assistance in respect of laws and procedures in any other legal jurisdiction – including Scotland and Northern Ireland. These terms and conditions (and all other communications) are in English and are governed by and will be construed in accordance with English law and the English courts shall have jurisdiction in any legal proceedings.
6. In the event that it shall be adjudged by a Court or Tribunal that any clause within these terms and conditions is in any way invalid, such invalidity shall not affect or prejudice the other terms and conditions.
7. Keepmedriving and Richard Nelson LLP are regulated by the Solicitors Regulation Authority and a copy of the code of conduct to which they are subject can be found http://rules.sra.org.uk.
8. In these terms and conditions the following expressions shall be defined as follows:
   1. The Member – the person who has the benefit of the Scheme and who has registered with the Scheme, either by payment of an annual fee or by reason of their membership of an organisation, trade union, employer or such other group as shall offer free membership of this scheme to its members, employees, clients or customers.
   2. The Member’s Family – the named spouse, partner and/or children of the Member and who have become members of the Scheme by reason of the payment by the Member of the additional family membership payment.
   3. The Membership Number – the number allocated to the Member and to the Member’s Family and intended to be used in connection with the provision of the Scheme.
   4. The Scheme – all of the services and benefits offered by Keepmedriving to the Member and the Member’s Family as shall be set out on the Website or in such additional correspondence or electronic communications with the Member and the Member’s Family other than legal advice and representation provided by Keepmedriving or Richard Nelson LLP, to which separate terms and conditions will apply.
   5. The Membership Fee – the sum paid by the Member for access to the Scheme as is set out in more detail below and on the Website.
   6. The terms “we” and “us” shall mean Keepmedriving and Richard Nelson LLP.
   7. The terms “you” shall mean the Member and the Member’s Family.

Using the Keepmedriving Website

9. There are two main elements to the Website:
   1. the public website which is generally accessible by anyone and which does not require the user of that information to be a Member, and
   2. the Premium Care Scheme only information and services, the use of which is restricted to the Member and the Member’s Family
10. The information provided by the Website, whether public or through the Scheme, is intended to be for general guidance only. It should not be regarded as constituting legal or other similar advice and should not be relied on as such. If you have a specific legal or similar related problem then you should contact us in order that we can advise you in detail.
11. Nothing on the Website should be treated as constituting the provision of legal services.
12. It should be noted that, whilst every care has been taken to ensure that the information on the Website is correct and accurate, we do not make any warranties, representations or undertakings as to the quality, accuracy, completeness or fitness for purpose of any of the information contained on the Website or on any other site linked to it. Reasonable efforts will be made to keep the Website available for use; however access is not guaranteed to be available all the time and we cannot be held to be liable for any period during which the Website shall be unavailable. We reserve the right to suspend or withdraw any part of the website at any time without notice and without incurring any liability.
13. Due to the nature of the internet and the possibility of third party interference, the Website is not guaranteed to be free of all viruses and technical defects of any description. We will not be liable for any damage or loss caused by such third party interference as a result of your use of the Website.
14. We will not be liable to you in contract, tort (including negligence) or otherwise for any indirect, consequential, special or incidental damage or loss arising from your use of, or inability to use, the Website and its contents including (without limitation) loss of business or profits or anticipated savings, loss or corruption of data, loss caused by a virus, loss of or damage to property, claims of third parties, fines or penalties levied by any taxing or other authority or any other loss or damage.
15. Any links from the Website to other websites operated by third parties cannot be guaranteed as to content or accuracy and we do not accept any responsibility for your use of such third party websites.
16. We reserve the right to change these terms and conditions at any time, without notice and use of the Website after those revised terms have come into effect will be on the basis of the revised terms and any further use of the Website indicates your agreement to be bound by them.

Membership of Keepmedriving

17. Keepmedriving Premium Care Scheme is a subscription based service and all Members must be resident in England and Wales.
18. The Scheme is provided to Members (either individual or Family Members as appropriate) who:
    1. have paid the current Membership Fee, either on an individual or family basis, or
    2. are associated with an organisation, trade union, employer or such other group who have entered into an agreement with us for the provision of free membership of the Scheme to its members, employees, clients, customers or others (and, where a free member wishes to extend membership to other members of his or her family, has paid the family membership surcharge).
19. For the purposes of these terms and conditions Family Members are defined as the spouse or partner of the Member or children of the Member, all of whom must be ordinarily resident at the same address as the Member. There is no limit to the number of people who can be Family Members provided that the foregoing criteria are satisfied.
20. The membership fees are set out on the Website and are exclusive of VAT.
21. Membership of the Scheme will be for a period of 12 months commencing on the date upon which the subscription is paid, subject to any extended membership period that may be offered by way of an introductory or promotional offer.
22. In accordance with the Consumer Protection (Distance Selling) Regulations 2000 all members will have the right to cancel their membership within seven days of the date upon which payment was made and a full refund of their membership subscription will be made, provided that when doing so they have not logged onto the Member Only parts of the Website or used any of the services offered in connection with the Scheme. Access to the Member only parts of the site or use of the other services will be deemed to be use of the service and the right to cancellation will end.
23. Subject to the above, the Membership Fee is non-refundable and no rebate will be made during the course of a membership year should the Member or the Member’s Family no longer wish to take the benefit of the Scheme. Payment of the Membership Fee is made through the Website using PayPal or such other payment method as shall be made available.
24. The payment of the Membership Fee will be regarded as being a payment made for the provision of an existing service and will not be apportioned for future services. For this reason none of the payments made will, for the purposes of the Solicitors Accounts Rules 1998 (as amended), be regarded as payments on account of services or as client monies.
25. You will become a Member upon completion of the registration process which will be undertaken through the Website and, where relevant, upon payment of the Membership Fee. For reasons of practicality all membership registration must be via the Website. All Members and Family members must have a valid and current email address through which all communications will be undertaken. Neither Keepmedriving nor Richard Nelson Solicitors will be liable if, as a result of the Members email address being inoperative or incorrect, the Member fails to receive notification of any information sent or distributed to Members, nor will we be liable if, in the event that more than one person uses the same email address, there is a breach of confidentiality.
26. Upon completion of registration (and payment where appropriate) you will receive a username and password which will be used to access the Scheme, including:
    1. access to the Member’s only section of the Website (”Member’s Section”)
    2. in emails seeking assistance or clarification of any matters, and
    3. in making telephone calls to Keepmedriving seeking advice under the terms of the Scheme.
27. Members and Member’s Families shall not sell, license or otherwise commercially exploit any of the services available under the Scheme nor permit any other person or organisation to have access to the Member’s Section nor use in any way the Scheme. In particular, you must not sell, license or otherwise commercially exploit any part of the Scheme or the information provided by it. In the event that these provisions shall be breached then we reserve the right, without further notice, to revoke your username or password and to deny you access to all or any part of the Website.
28. You will be notified by email at least six weeks prior to the end of your membership period, and two weeks prior to the end of your membership, in order to give you an option to renew your membership. In the event that you do not renew your membership at the end of that period, then your membership will be deemed to have come to an end and your access to the Scheme will be discontinued.
29. We reserve the right not to accept an application for membership of the Scheme for any reason and without giving any explanation.
30. Membership by those who are members of a work, trade union, client or other scheme is by reference to a access code which will be provided to you prior to your registering with the Scheme. Inputting the access Code will dispense with the need for you to pay the individual Membership fee. However, if you want other members of your family to have the benefit of the Scheme there will be an additional charge. Details of that charge can be found on the web site.
31. We reserve the right to terminate your access to the Scheme or to charge you the normal membership fee if we become aware that you have used an access code to which you are not entitled. However, if your code is linked to membership of a group or union, or employment by a particular employer, and either the membership or employment comes to an end, you may continue to remain a Member until the end of the normal registration period.

Membership benefits

Access to Members Section of the Website

32. You will have access to all of the Content of the Member’s Section of the Website (“the Content”) for the duration of your membership and you will be entitled to access, read, print and otherwise use the Content for your own benefit. By accessing the Content you will be deemed to undertake and agree:
    1. not to use the Content for any unlawful purpose,
    2. not to make the Content available to non-members or to use it in any way as part of any commercial or other service offered by you or any other person nor to sell, license, rent or distribute any information taken from Website,
    3. not to link to the Content without our prior written permission,
    4. that you shall not use the Website in such a way that the whole or any part of it is interrupted, damaged, rendered less efficient, or that the effectiveness or functionality of the Website is in any way impaired,
    5. not to publish, post, frame, transmit, display or reverse engineer any part of the Website, and
    6. not to use the Website for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety to any person using the Website.
33. We will use our best endeavours to ensure that all of the Content is up to date and relevant but please note the provisions of Clause 12 above.
34. We will add to and amend the Content from time to time and can give no assurance or guarantee that any of the Content available at any time will continue to be available.

Use of Vouchers

35. As a Member you will have the benefit of discounted fees when instructing Keepmedriving and Richard Nelson LLP. Those discounts will be provided by way of redeemable vouchers which can be used at the time at which you pay our charges for the delivery of legal services.
36. You will be provided with two types of vouchers:
    1. An unlimited number of vouchers for use by you (or where the additional family membership option has been taken, by the named members of your family – see above) in connection with motoring law related advice or representation only provided by Keepmedriving and/or Richard Nelson LLP, and
    2. Two vouchers for use in connection with any advice or representation other than motoring law related advice or representation provided by Keepmedriving and/or Richard Nelson LLP.
37. With reference to the motoring law related voucher you will be entitled to either £100 off the cost of any non-court related advice or assistance OR £150 off the cost of any representation in either a Magistrates or Crown Court. However, you should note that:
    1. Only one such voucher may be used by the Member in relation to any individual matter, i.e. any matter which arises from the same set of facts or circumstances – thus if two matters arise during the membership year and a voucher has been used in respect of the first of those two matters, a second voucher may be used in relation to the second matter, but if the same facts or circumstances result in two separate legal matters being undertaken, only one such voucher may be used.
    2. Each Member and Family Member is entitled to use a motoring law related voucher. Thus, if a Member, their spouse and children are registered this will provide each of them with their own redeemable Voucher for each unique matter. Please note that where more than one member of the family is involved in the same single legal matter only one voucher may be used and not one voucher per person.
    3. Vouchers are not transferrable between family members or to any other third party.
    4. Vouchers may not be used in relation to any other discounted or similar scheme operated by Keepmedriving or Richard Nelson LLP.
    5. Vouchers may only be used towards the costs of advice or representation by Keepmedriving or Richard Nelson LLP and have no value in so far as advice or assistance is provided by any other third party.
    6. Vouchers have no monetary value other than in relation to being redeemed against the costs of legal advice and representation. Unused vouchers cannot be redeemed for money.
    7. Vouchers relate only to the membership period in which they are issued. However, in the event that advice or representation begins in one membership period and continues into another membership period, then that voucher may still be used, whether or not you are still a Member of the Scheme when the voucher comes to be used.
38. With reference to the non-motoring law related vouchers, you will be entitled to two vouchers, each of which will give you the right to £50 off the cost of any non-motoring legal assistance, advice or representation provided by Richard Nelson LLP. However, you should note that:
    1. Only one such voucher may be used in relation to any one legal matter, i.e. being a matter arising from one set of facts or circumstances. Please note that where more than one member of the family is involved in the same single legal matter only one voucher may be used and not one voucher per person.
    2. Each Member and Family Member is entitled to two non-motoring law related vouchers. Thus, if for example, a Member, their spouse and two children are registered this will provide each of them with two redeemable vouchers of their own (making eight vouchers in total).
    3. Vouchers are not transferable between family members or to any other third party.
    4. Vouchers may not be used in relation to any other discounted or similar scheme or introductory rate operated by Keepmedriving or Richard Nelson LLP.
    5. Vouchers may only be used towards the costs of advice or representation by Keepmedriving or Richard Nelson LLP and have no value in so far as advice or assistance is provided by any other third party.
    6. Vouchers have no monetary value other than in relation to being redeemed against the costs of legal advice and representation. Unused vouchers cannot be redeemed for money.
    7. Vouchers relate only to the membership period in which they are issued. However, in the event that advice or representation begins in one membership period and continues into another membership year, then that voucher may still be used, whether or not you are still a Member of the Scheme when the voucher comes to be used.
39. Vouchers are redeemed by being printed from the web site and presented, together with the balance of payment, in settlement of an invoice issued by Keepmedriving or Richard Nelson LLP, as appropriate. When being used, the Member must write into the appropriate space their name and membership number and we reserve the right to refuse to accept any voucher as part payment where those details are omitted or in those circumstances where the person presenting it is not entitled to do so or is doing so other than in compliance with the provisions set out above.
40. The use of a voucher is conditional upon the full payment of all outstanding fees within 14 days of the account in respect of those fees being rendered. In the event that the Member fails to pay fees within that period the voucher will cease to have any value and the full sum due will become immediately payable.
41. Vouchers may not be used in cases where the costs of a matter are awarded against the other party to the matter and no refund or cash equivalent will be payable to the Member in respect of any recovery of the value of the voucher.

Preliminary Free Advice

42. As a member you and those of your family members who are registered with the Scheme are entitled to up to 20 minutes free motoring law related advice in respect of any individual matter throughout the membership year. To obtain that advice you should phone the Member helpline and quote your name and membership number.
43. You are only entitled to one free 20 minute advice session per unique matter although you are entitled to receive that advice in relation to more than one separate matter.
44. The right to the preliminary advice is personal to you and may not be passed or sold to any other person. If we discover that the person to whom the preliminary advice was provided was not a Member or Family Member then we reserve the right to charge you or that person at the normal current hourly rate for the person who delivered the advice. Further details of our hourly rates can be obtained by contacting Richard Nelson LLP in writing at the administrative address given above.
45. Where the preliminary advice exceeds 20 minutes we reserve the right to make a charge in respect of that advice at our normal rates. You will however be advised of the fact that we cannot continue to advise you free of charge and you will be given the option to accept or refuse further advice from us. In the event that the advice takes longer than 20 minutes you will, subsequent to the delivery of the additional preliminary advice, be provided with the normal client care and the terms and conditions information that we would supply to any non-Member client of Keepmedriving or Richard Nelson LLP. Please note that the usual Richard Nelson LLP terms and conditions can be found on this web site.

Emergency Road Side Advice

46. As a Member you are entitled to receive emergency roadside advice in relation to a serious motoring-related matter. Please note that this is intended only for serious, emergency, motoring law related matters and should not be used for non-urgent matters. We reserve the right to charge you at our normal charge out rate for any advice sought under this benefit which is not serious, an emergency and motoring related.
47. To constitute serious, emergency, motoring-related advice, the advice sought must be in relation to an allegation of either:
    1. Death caused by your dangerous or careless driving
    2. Dangerous or careless driving resulting in actual injury to a third party
    3. Driving with excess alcohol or under the influence of drugs

    AND be in such circumstances where you have been or are about to be arrested or interviewed by a police officer in relation to that offence.

Newsletter

48. Periodically, but not less frequently than four times a year, we will send you our electronic newsletter updating you on issues relating to road traffic and other areas of the law.

Priority Access to Other Services

49. Richard Nelson LLP offers, and will in the future be offering, other membership type services to the public. As a Member of Keepmedriving you will be offered the opportunity to subscribe to these other services at a reduced rate. We will advise you as and when such services are made available.

Special Offers

50. From time to time we hope to be able to make available to Members special offers and discounts. We will advise you as and when these are available. Please note that where these special offers are provided by a third party the terms and conditions in relation to the Scheme will not apply and the provision of these services or products will not form part of the service delivered either by Keepmedriving nor Richard Nelson LLP.

Copyright

51. The content and design of the Website and the Content is owned by Richard Nelson LLP and is protected by copyright, trade mark and other intellectual property rights and laws throughout the world. Reproduction of all or any part of it in any form is prohibited, unless for non-commercial, private use. None of the contents of this Site may be copied or otherwise incorporated into or stored in any other web site, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or otherwise). For the avoidance of doubt, deep-linking to, or framing of the Website, or any part of it, is not permitted without express permission.

Complaints procedure

52. Our aim is to ensure that the Website and the Service is provided to your entire satisfaction and in an efficient, friendly and cost-effective manner. Whilst we hope that you will not need to complain, we recognise the wisdom of explaining our internal complaints procedure.
53. Should you be dissatisfied with any aspect of your case, please feel free to contact us. You may do so by email to clientcare@keepmedriving.com, or initially in writing to Jonathan Wright, Keepmedriving , Richard Nelson LLP, Castle Court, Cathedral Road, Cardiff CF11 9LJ. You are of course entitled to complain about any aspect of your case.
54. If you remain dissatisfied, please write to Marie Dancer, the firm’s Client Relations Partner, at our administrative address Priory Court, 1 Derby Road, Nottingham, NG9 2TA who will investigate the matter fully on your behalf and advise you as to how your complaint can be resolved. A full copy of our complaints procedure can be provided to you upon request.
55. All Solicitors must attempt to resolve problems that may arise with their services. It is therefore important that you immediately raise any concerns you have with us. We value you and would not wish to think you have reason to be unhappy with us.