Effective Date: 16 August 2016
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SITE. THE SITE IS NOT INTENDED FOR THE USE OF CONSUMERS. IF YOU ARE A CONSUMER PLEASE DO NOT ACCESS OR USE OUR SITE.
These terms and conditions (the “Terms”) set out the rules for using our website application hosted at https://profile.obelisksupport.com/ (our “Site”).
The Site is operated by Obelisk Legal Support Solutions Limited (“we”). We are registered in England and Wales under company number 07312074 and have our registered office at Suite 3.02, 44 Southampton Buildings, London, WC2A 1AP.
To contact us, please email [email protected] or call us on: +44 (0) 20 3417 6590.
By using the Site, you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, you must not use the Site.
We recommend that you print a copy of these Terms for future reference.
These Terms refer to the following additional policies and terms, which also apply to your use of the Site:
Obelisk Acceptable Use Policy (see Schedule 1 hereto) which sets out the permitted uses and prohibited uses of the Site. When using Site, you must comply with this Acceptable Use Policy.
Obelisk Privacy Policy and Cookies Notice, which sets out (i) the terms on which we process any personal data we collect from you, or that you provide to us; and (ii) information about the cookies on the Site as well. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate;
We amend these Terms and the Acceptable Use Policy from time to time. Every time you wish to use the Site, please check these Terms and the Acceptable Use Policy to ensure you understand the Terms and the Acceptable Use Policy which apply at that time.
We may update and change the Site from time to time to reflect changes to the Site users' needs and our business priorities.
The Site is made available free of charge.
We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
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.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
The Site may include information and materials uploaded by other users of the Site. This information and these materials may not have been verified or approved by us. The views expressed by other users on the Site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us by e-mail: [email protected].
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms which may apply to the Site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, the Site; or
use of or reliance on any content displayed on the Site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
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 Site or to your downloading of any content on it, or on any website linked to it.
Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of the Site] a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
We do not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We do not allow any linking to the Site without our prior written consent.
If you wish to link to or make any use of content on the Site, please contact us by e-mail: [email protected].
These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You and Obelisk both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms, their subject matter or formation (including non-contractual disputes or claims).
This Acceptable Use Policy sets out the terms between you and us under which you may access our Site. This Acceptable Use Policy applies to all users of, and visitors to, the Site.
Your use of the Site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplements Obelisk Terms of Site Use.
You may use the Site only for lawful purposes. You may not use the Site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
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.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of Obelisk Terms of Site Use.
Not to access without authority, interfere with, damage or disrupt:
any part of the Site;
any equipment or network on which the Site is stored;
any software used in the provision of the Site; or
any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on the Site, including, without limitation, chat rooms, bulletin boards (together the “Interactive Services”).
Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to the Site (“Contributions”), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Site. When a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Use upon which you are permitted to use the Site, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the Site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to the Site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this Acceptable Use Policy are not limited, and we may take any other action we reasonably deem appropriate.