CPDFORLAWYERS.COM TERMS AND CONDITIONS OF USE
Last updated: 3 November 2009
CPDFORLAWYERS.COM is
wholly owned and controlled by CPD Source LLP.
Registered address
and principal place of business: The Pall Mall Deposit, Studio 12, 124 -
128 Barlby Road, London W10 6BL, United Kingdom.
Registered in
England and Wales under LLP number OC340253
VAT registration number
978 7049 57
This page (together with the documents referred
to on it) tells you the terms and conditions on which we supply any of
the products and services (“Products and/or Services”) listed on our
website
CPDFORLAWYERS.COM (“the/Our
Website/Site”) to you. Please read these terms and conditions
carefully before registering for any Products and/or Services from Our
Site. You should understand that by ordering any of our Products and/or
Services, you agree to be bound by these terms and conditions.
You
should print a copy of these terms and conditions for future reference.
Upon
registering with Our Website and upon entering into any further
transaction through the Site, you will be asked to confirm that you have
read and accept these terms and conditions. Please understand that if
you refuse to accept these terms and conditions, you will not be able to
register or use Our Site or purchase any Products and/or Services
through the Site.
REGISTRATION1.
Use of the Website constitutes your (“User”) acceptance of these terms
and conditions of use.
2. To make full use of the Website and
to use the Products and Services you must be a registered User. In
order to register you will be required to set up a Website User account
providing your full name, a password and a valid e-mail address (“User
Account”). All User information you submit must be accurate.
3.
By registering with the Website, you warrant that you are legally
capable of entering into a binding contract and are at least 18 years
old.
4. All information submitted by Users will be held by Us
pursuant to our Privacy Policy, which can be viewed by
clicking here.
5.
Upon successful registration all Users will be given a User Account,
which will allow full access to our Website, Products and Services,
subject to these terms of use (as updated and/or amended from time to
time).
6. If at anytime you wish to have your Website
registration information or User Account deleted please send Us an
e-mail to
users@cpdforlawyers.com
with your full name, e-mail address and written request and we will
confirm your request, via email, before deleting the requested
information/ User Account.
WEBSITE USE AND OUR LIABILITY7.
Website Users use the Website and the Products and Services at their
own risk. Save as expressly set out in these terms of use, the Website
and content is provided without warranty of any kind expressed or
implied to the fullest extent permitted by law, including by not limited
to: indirect or consequential loss suffered by you or any loss of
profits or loss of business (direct or indirect) suffered by any User.
8.
When you use the Website you agree to receive communications from Us
electronically and/or by post and you agree that all information We
provide to you in electronic format satisfied the requirement that such
information be given in writing.
9. The copyright and all
other intellectual property rights in the material contained in the
Website, together with the Website design, text and graphics and their
selection and arrangement, and all software, underlying source code and
software belong to Us and/or Our licensors and is protected by United
Kingdom and international copyright and database right laws. All rights
in this respect are reserved.
10. No material contained on
the Website may be reproduced or redistributed without Our prior
written permission.
11. No portion of the Website or any
portion thereof may be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without Our
express written consent.
12. We reserve the right to refuse
hypertext links to, or addresses of, other web sites from entry pages,
and to remove links or web addresses without notice at our sole
discretion.
13. Where a User attempts to enter unsuitable
materials onto the Website, or abuses/attempts to abuse the Website for
any purpose, We reserve the right to remove the User’s entry or entries
from the Website and/or terminate the User’s User Account without
notice.
14. We reserve the right to refuse any posting, upload
and/or other information submitted to the Website and will not be
liable for any User loss or expense in so doing.
15. Users
shall retain ownership of any data submitted to the Website subject to
granting Us a worldwide, royalty-free, non-terminable licence to use,
keep, share, save, collect, copy, distribute, publish and transmit such
data (including graphics, logos and information of any type submitted)
in any manner.
16. Users may not sell our Products and/or
Services to any third parties, directly or indirectly.
17.
Users agree not to use the Website in any manner that causes or may
cause the Website or access to it to be interrupted, damaged or impaired
in any way.
18. Users agree not to use the site for any
fraudulent purpose, in connection with a criminal offence or other
unlawful activity, to send, use or re-use any material that is illegal,
offensive, abusive, indecent, defamatory, obscene or menacing, in breach
of copyright, trademark, confidence, privacy or any other right, or
that is in any manner injurious to third parties or which consists of or
contains software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings or any “spam, or which
otherwise is reasonably likely to cause annoyance, inconvenience or
needless anxiety or falsify the true ownership of any material or
information on the Website.
19. Users agree to indemnify Us
in respect of any loss that We suffer as a result, directly or
indirectly, of any breach by you of these terms and conditions of use.
OUR
PRODUCTS AND SERVICES20. We offer use of Our Website
to CPD providers, law firms, advertisers and various other third parties
on the basis of free membership for lawyers and paid memberships and/or
pay-per-use functionality for law firms, CPD providers and third
parties.
21. Where We charge a fee for a product or service
available via Our Website (“Product” and/or “Service”), We will confirm
in writing the terms and conditions of any fees payable to Us prior to
activating your User Account.
OUR STATUS22. Please note that with respect to
booking a CPD course through the Website, We accept such booking
requests as agents on behalf of third party sellers. The resulting
legal contract is between you and that third party seller, and is
subject to the terms and conditions of that third party seller, which
they will advise you of directly. You should review their terms and
conditions applying to the transaction before confirming and submitting
payment.
23. We may also provide links on our Site to the
websites of other companies, whether affiliated with us or not. We
cannot give any undertaking, that Products and/or Services you purchase
from third party sellers through our Site, or from companies to whose
website we have provided a link on our Site, will be of satisfactory
quality, and any such warranties are DISCLAIMED by us absolutely. This
DISCLAIMER does not affect your statutory rights against the third party
seller. We will notify you when a third party is involved in a
transaction, and we may disclose your customer information related to
that transaction to the third party seller.
CONSUMER RIGHTS24. If you
are contracting with Us as a consumer (i.e. not in the ordinary course
of business), you may cancel any order/contact for Our supply of a
Product and/or Service (as provided by Us) within seven days of placing
your order by notifying us in writing in accordance with the Notice
provisions in these terms of use.
WRITTEN COMMUNICATIONS25. Applicable laws
require that some of the information or communications we send to you
should be in writing. When using our site, you accept that
communication with us will be mainly electronic. We will contact you by
e-mail or provide you with information by posting notices on our
website. For contractual purposes, you agree to this electronic means
of communication and you acknowledge that all contracts, notices,
information and other communications that we provide to you
electronically comply with any legal requirement that such
communications be in writing. This condition does not affect your
statutory rights.
NOTICE26.
All notices given by you to us must be given to CPD Source LLP at The
Pall Mall Deposit, Studio 12, 124 – 128 Barlby Road, London W10 6BL,
United Kingdom or via e-mail to
users@cpdforlawyers.com.
We may give notice to you at either the e-mail or postal address you
provide to us when registering. Notice will be deemed received and
properly served immediately when posted on our website, 24 hours after
an e-mail is sent, or three days after the date of posting of any
letter. In proving the service of any notice, it will be sufficient to
prove, in the case of a letter, that such letter was properly addressed,
stamped and placed in the post and, in the case of an e-mail, that such
e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS27.
The contract between you and us is binding on you and us and on our
respective successors and assigns.
28. You may not transfer,
assign, charge or otherwise dispose of a contract, or any of your
rights or obligations arising under it, without our prior written
consent.
29. We may transfer, assign, charge, sub-contract
or otherwise dispose of a contract, or any of our rights or obligations
arising under it, at any time during the term of the contract.
EVENTS
OUTSIDE OUR CONTROL30. We will not be liable or
responsible for any failure to perform, or delay in performance of, any
of our obligations under a contract that is caused by events outside our
reasonable control (“Force Majeure Event”).
31. A Force
Majeure Event includes any act, event, non-happening, 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; the acts, decrees, legislation,
regulations or restrictions of any government.
32. Our
performance under any contract is deemed to be suspended for the period
that the 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 bring the Force Majeure Event to a close or to
find a solution by which our obligations under the Contract may be
performed despite the Force Majeure Event.
WAIVER33.
If we fail, at any time during the term of a contract, to insist upon
strict performance of any of your obligations under the contract or any
of these terms and conditions, or if we fail to exercise any of the
rights or remedies to which we are entitled under the contract, this
shall not constitute a waiver of such rights or remedies and shall not
relieve you from compliance with such obligations.
34. A
waiver by us of any default shall not constitute a waiver of any
subsequent default.
35. No waiver by us of any of these terms
and conditions shall be effective unless it is expressly stated to be a
waiver and is communicated to you in writing.
SEVERABILITY36. If any of
these terms and conditions or any provisions of a contract 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
AGREEMENT37. These terms and conditions and any
document expressly referred to in them represent the entire agreement
between us in relation to the subject matter of any contract and/or the
use of this Website and supersede any prior agreement, understanding or
arrangement between us, whether oral or in writing.
38. We
each acknowledge that, in entering into a contract, neither of us has
relied on any representation, undertaking or promise given by the other
or be implied from anything said or written in negotiations between us
prior to such contract except as expressly stated in these terms and
conditions.
VARIATION OF TERMS OF USE39. We maintain the
right to revise and amend these terms and conditions of use from time to
time to reflect changes in market conditions affecting our business,
changes in technology, changes in payment methods, changes in relevant
laws and regulatory requirements and changes in our system's
capabilities.
40. Users will be subject to the policies and
terms and conditions of use in force at the time that you use the
Website or register for any Products and/or Services.
LAW AND
JURISDICTION41. Contracts for the purchase of Products
and/or Services through our site and any dispute or claim arising out
of or in connection with them or their subject matter or formation
(including non-contractual disputes or claims) will be governed by
English law. Any dispute or claim arising out of or in connection with
such Contracts or their formation (including non-contractual disputes or
claims) shall be subject to the exclusive jurisdiction of the courts of
England and Wales.