Terms and Conditions

TERMS AND CONDITIONS

Terms and Conditions for Access to and Use of Computalaw website and any Contracts, Content, Material, Products and/or Services available on this Website.

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS OUR PRIVACY POLICY (WHICH WILL BE DEEMED TO BE INCORPORATED HEREIN) AS THEY APPLY TO ALL OF OUR WEBSITE CONTENT, CONTRACTS, COPYRIGHT MATERIAL, OTHER INFORMATION, PRODUCTS, SERVICES AND LINKS ON THIS WEBSITE (“MATERIAL”) WHICH YOU (AS THE WEBSITE USER) CHOOSE TO VIEW, BROWSE, ACCESS, USE AND/OR SUBSCRIBE TO OR PURCHASE OR LICENSE FROM US (“COMPUTALAW”, THE WEBSITE OWNER).

THESE TERMS AND CONDITIONS ALSO APPLY TO ANY PRODUCTS AND/OR SERVICES WE OR OUR THIRD PARTY PROVIDERS MAY OFFER, IN ADDITION TO OUR OR THEIR PRODUCT/SERVICE-SPECIFIC TERMS AND CONDITIONS.

ALL THESE TERMS AND CONDITIONS AS WELL AS OUR PRIVACY POLICY (WHICH WILL BE DEEMED TO BE INCORPORATED INTO THESE TERMS AND CONDITIONS) WILL FORM THE “AGREEMENT” BETWEEN US.

BY CONTINUING TO USE THIS WEBSITE, WHETHER OR NOT YOU CHOOSE TO SUBSCRIBE TO OR PURCHASE A LICENSE TO USE ANY MATERIAL OR CONTENT, OR PURCHASE ANY PRODUCTS OR SERVICES, YOU AUTOMATICALLY CONSENT AND AGREE (1) TO BE BOUND AS THE USER/LICENSEE/PURCHASER/SUBSCRIBER (AS THE CASE MAY BE, COLLECTIVELY REFERRED TO HEREIN AS “USER”) OR BIND YOUR EMPLOYER/ORGANISATION AS THE USER/LICENSEE/PURCHASER/SUBSCRIBER THAT YOU WARRANT TO BE AUTHORISED TO REPRESENT AND (2) YOU ACCEPT OUR PRIVACY POLICY TO BE ABLE TO CONTINUE.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT (WHICH INCLUDES OUR PRIVACY POLICY) OR DO NOT HAVE THE AUTHORITY TO BIND YOUR EMPLOYER OR ORGANISATION OR ARE OTHERWISE BARRED FROM ENTERING INTO A BINDING AGREEMENT[1], DO NOT PROCEED.

IF YOU PROCEED, PLEASE SAVE A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.

1. Copyright, Trade Mark, Database and other Intellectual Property Rights

The entire contents of this website, including our domain names, icons, graphics, logos, layout and multimedia information (“Content”) as well as the contracts, long and short descriptions, explanatory notes and all other material which is available for you to access, browse, view, purchase a license to use or subscribe to from this or any linked sites (“Material”) are the copyright of Computalaw or such third party as will be named on the specific Content or Material whether their material appears on our website or via a link to/from it or is a provider of third party products or services (“Provider”).
Computalaw‘s or such Provider’s copyright information must remain on all reproductions of the Content or Material which you access, use and/or license. If you make any significant amendments to the Content or Material (“significant” being to the extent that is not recognisable as Computalaw/Provider’s Content or Material, of which Computalaw/Provider shall be the sole and final judge with respect to their respective Content or Material, you may change “©Copyright Computalaw/Provider. All rights reserved worldwide ” (which appears on the Content or Material) to “Source: www.computalaw.com”.
All trade marks and trade names which are denoted as owned by Computalaw or Provider may only be used in direct association with the Content or Material and our or Provider’s website as specified above. You undertake not to use such trade names or trade marks in association with or as part of your own or any 3^rd parties’ trade names or marks nor in any manner which may be misleading, deceptive or disparaging to Computalaw or any of our Providers.
We, Computalaw, assert our database rights, moral rights and all other intellectual property rights and such similar rights worldwide to the Material, Content, Products and/Services available on this website.

2. License to Use the Content or Material

When you purchase the license to use any specific Content or Material from this website, this is a non-exclusive, non-assignable licensed permission to use the Content or Material upon these terms and conditions only and no title or ownership to that Content or Material passes to you.
Under such licensed right, you may store and use that Content or Material (as amended by your own skill and judgement as to its suitability for your purpose) for your own personal, lawful use and/or research or that of your firm or company.
If you are a professional acting for clients, you may make such Content or Material available to your specific clients who require such Content or Material (but as amended by your own skill and judgement for such clients) PROVIDED you comply strictly with these terms and conditions of use, including but not limited to Condition 1 above and (d) and (e) below.
You may NOT republish, retransmit, redistribute or otherwise use or make our Content or Material available: (i) to any other party other than as specified herein or (ii) in any newsletter, website, online service or bulletin board of your own or any other party without Computalaw’s express prior written consent. This applies whether or not a license has been purchased to use such Content or Material or whether it is in hard copy, electronically or any other media; or is in whole or in part, or combined with any other content, material or service. You may NOT use any automated systems or software to extract data, information, Content or the Material from this website (“screen scrape”) for any purpose whatsoever.
You undertake to indemnify us and our Providers (for their part in the Content or Material) fully in the event of your contravention of this condition 2 in particular or in contravention of these terms and conditions generally.
Computalaw reserves the right (at its sole discretion and with or without cause) to prohibit any individual, firm, organisation, company, software or robot from accessing and/or using this website, Content or the Material.

3. Not advice

Nothing in any Content or Material from our website constitutes advice of any kind and should not be relied upon as such, nor does the purchase of a license to use any such Content or Material, or the transmission, downloading or sending of the Content or Material or any other information create an [attorney/professional-client] or [attorney/professional-professional/attorney] relationship. The Content or Material, specifically the contracts, forms, documents or examples are standard styles intended to make contract, form or document preparation and negotiation more understandable, efficient and affordable and will require to be tailored to your own specific circumstances which only you or your legal or other professional adviser can do using proper, professional skill and judgement. Proper, specific legal or professional advice is always strongly recommended.

4. Prices, Payment and Transmission of Content or Material

You may offer to purchase a license for any Content or Material listed on this website for the price specified only if you are of the age and capacity to make a legally binding contract for such Content or Material. All orders are solely upon these terms and conditions.
The prices quoted do not include any licensing/purchase/sales or other tax or charges which may be applicable to the Content or Material, or to you as user/ licensee/subscriber in your country of use or payment. You are solely responsible for complying with the applicable taxes.
Your offer must be made on our website order page and contain all your proper contact names, addresses (billing and delivery email), debit/credit card payment details which will be processed by our secure payment provider as well as any other information that will be required in the order form. (see our Privacy Policy).
All accepted orders will be processed as soon as possible. Usually the Content or Material is emailed direct to your specified email address as soon as payment has been processed subject to payment processing, technical or transmission problems. If you have not received the Content or Material within 24 hours following payment, you must advise us and we will investigate the problem and notify you.
We, at our sole option and without giving reason, may reject your order for any reason. If we reject your offer to license any Content or Material then neither you nor us will be under any further obligation or liability to the other. Your order will be deemed rejected if you do not receive any notification from us within 7 days.

5. Third Party Content or Material, Products, Services, links and advertisements

Where we have linked to other websites this is merely for ease of reference and in no way recommends or endorses those parties, their websites or their content, products, opinions, advice (if any), relevance, updatedness, security, terms of use or privacy policies. This also applies to any advertisements appearing on our website. In no circumstances shall we be liable or responsible for any such third parties or their website content, products or services.

6. Your Personal Information, Postings, Feedback or other Participatory material

(a) Your Personal Information – please read our Privacy Policy so that you understand what personal information we collect about you when you visit and use our website, how we use it and share it with third parties, as you will be required to specifically consent to this policy before being able to proceed with website use.

(b) Postings, Feedback or other Participatory material – Where there is a location or forum on the website where you are permitted to make or contribute any postings, feedback, opinions or other remarks (no video material may be posted) you acknowledge that the same is in the public domain and not confidential and is not endorsed by us in any way. You undertake to comply strictly with the following:

you will not make or post any material which is untrue, unlawful, offensive, derogatory, defamatory, vulgar, abusive, racist or in any way objectionable of which we shall be the sole judge;
you will not make or post any material which infringes the copyright or other intellectual property rights of any other party nor transmit any unsolicited advertising or promotional material nor material which contains viruses, malware, spyware or the like.

If we discover or are notified of any of the above, we, at our sole option and discretion shall have the right immediately and without notice, to remove such material without further enquiry and/or report the same to the appropriate law enforcement or other authorities and give them all necessary information to track and identify you and/or block your access to our site and/or take or participate in legal action against you either ourselves or with others.

7. Warranty Disclaimer

THIS WEBSITE AND THE CONTENT AND MATERIAL ON IT OR PRODUCTS AND/OR SERVICES AVAILABLE THROUGH IT ARE PROVIDED BY COMPUTALAW OR ITS PROVIDERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER COMPUTALAW NOR THE PROVIDERS MAKE ANY REPRESENTATIONS AND/ OR WARRANTIES OF ANY KIND.
TO THE FULL EXTENT PERMITTED BY THE APPLICABLE LAW, COMPUTALAW AND/OR PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY THAT

THE OPERATION OF THIS WEBSITE, ITS SERVERS, EMAILS, OR THE CONTENT OR MATERIAL, PRODUCTS AND/OR SERVICES WHICH MAY BE MADE AVAILABLE BY US OR BY ANY OF OUR PROVIDERS OR VIA LINKED WEBSITES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, PRIVATE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR UP-TO-DATE; OR
THAT ANY INFORMATION, CONTENT, MATERIAL, PRODUCTS AND/OR SERVICES, FOR SALE, LICENSE OR SUBSCRIPTION ON THIS WEBSITE WILL BE UP-TO-DATE, COMPLETE, APPROPRIATE OR RELEVANT TO YOUR USE OR PURPOSE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE, ITS CONTENT, MATERIAL, PRODUCTS AND/OR SERVICES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK AND THAT YOU WILL USE YOUR OWN SKILL AND JUDGEMENT (OR OBTAIN THE SAME FROM AN APPROPRIATE PROFESSIONAL) IN THE PROPER USE AND APPLICABILITY OF THE CONTENT, MATERIAL, PRODUCTS AND/OR SERVICES FOR YOUR OWN PURPOSE.

8. Disclaimer of Liability

Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPUTALAW AND/OR THE PROVIDERS BE LIABLE TO YOU OR ANY PERSON DERIVING RIGHTS FROM YOU FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION, FOR LOST PROFITS, LOST SAVINGS, LOST DATA OR OTHER SPECIAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, PRIVACY POLICY, AGREEMENT, USE OF OUR WEBSITE OR ANY CONTENT, PRODUCT OR SERVICE AVAILABLE FROM OUR WEBSITE OR THE USE THEREOF, EVEN IF COMPUTALAW OR APPLICABLE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Absolute Cap on Liability. WHERE LIABILITY MAY NOT BE EXCLUDED UNDER THE APPLICABLE LAW BUT MAY BE LIMITED, THE MAXIMUM, AGGREGATE LIABILITY OF COMPUTALAW AND/OR PROVIDERS UPON ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, PRIVACY POLICY, AGREEMENT, OR ANY CONTENT OR MATERIAL, PRODUCTS OR SERVICES MADE AVAILABLE BY COMPUTALAW AND/OR THE PROVIDERS UNDER THESE TERMS AND CONDITIONS, PRIVACY POLICY AND AGREEMENT, WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE DIRECT DAMAGES ACTUALLY INCURRED BY YOU UP TO THE AMOUNT PAID BY YOU TO COMPUTALAW AND/OR PROVIDERS UNDER THESE TERMS AND CONDITIONS AND AGREEMENT FOR THE APPLICABLE CONTENT OR MATERIAL, PRODUCTS AND/OR SERVICES (AND IF NO AMOUNT HAS BEEN PAID OR IS TO BE PAID TO COMPUTALAW AND/OR PROVIDER, THEN THE LIMIT SHALL BE TWO HUNDRED U.S. DOLLARS.
Basis of the Bargain; Failure of Essential Purpose. You acknowledge that Computalaw has set its prices and entered into these Terms and Conditions and Agreement in reliance upon the Warranty Disclaimer and Limitation of Liability set forth in these Terms and Conditions, and that the same form an essential basis of the bargain and Agreement between the parties. The parties agree that the Limitation of Liability specified in these Terms and Conditions will survive and apply even if the Warranty Disclaimer or any limitation of remedies is found to have failed of its essential purpose.

9. Force Majeure

Neither party shall be under any liability to the other in respect of anything which, apart from this provision, may constitute breach of this Agreement arising by reason of force majeure, namely, circumstances beyond the control of the either party which shall include (but shall not be limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, acts of war (declared or undeclared), terrorism, civil commotion, including acts of local government and parliamentary authority; inability to supply the Content, Materials, Products and/or Services or any other content, materials, products and/or services of our own or any Provider.

10. Online Dispute Resolution

You agree that all disputes arising from these terms and conditions and Agreement or pursuant to your use of this website or from any Content, Materials, Products and/or Services licensed, purchased or subscribed for or any other information obtained from or through this website shall be dealt with exclusively by Online Dispute Resolution by SmartSettle (www.smartsettle.com) whose decision shall be final and binding on both parties.

11. Privacy Policy

Our privacy policy appears on our website and once accepted by you is deemed to be incorporated in full in these terms and conditions to form the Agreement between us. We undertake to comply with the terms of that policy. Our Providers’ own privacy policies will appear on their respective websites and it is their sole responsibility to comply with their own policies. We accept no responsibility whatsoever either for the terms of their policies or for their compliance.

12. Headings, Severability and Amendments

The headings of these terms and conditions are inserted for convenience of reference only and are not intended to be part of or to affect their meaning or interpretation.
If any of these terms, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
We reserve the right to amend any of these terms and conditions at any time and post the same on our website. Each time you use the website, you accept the current version of the terms and conditions.

13. Applicable Law

As we are a worldwide organisation with worldwide users, we adhere to the best of international laws. Accordingly, the parties hereby agree that this Agreement shall be construed in accordance with the European Union’s applicable Directives, WIPO Treaties on Computer Programs, Copyright and Intellectual Property Rights and other International treaties. In terms of the enforceability of this Agreement, for the avoidance of doubt, this Agreement shall be deemed “in writing” and “accepted” by both parties.

[1] The legal age to enter a binding contract with us is at least 18 years old.