TERMS OF PRIVACY OF UNSWORTH ROSE SOLICITORS

12.3.2018

1. Terms of Use

These terms and conditions (the “Terms”) apply to the individual user’s (“you”, “your”) use of Unsworth Rose (the “Website”), which is a secure application which includes user authentication, access controls and, user permission controls. Information accessed on our website is encrypted by a Secure Socket Layer (SSL). The Website is owned by Unsworth Rose and operated by DM Web Solutions and has been procured from third parties by Unsworth Rose of 19 Princess Road, London NW1 8JR (“Unsworth Rose”, “we”, “us”, “our”).

By using the Website you acknowledge that you have read and agree to be bound by these Terms. If you do not agree to be bound by these Terms you shall not be authorised to use the Website and should not continue to access the Website.

We reserve the right to modify or amend these Terms or any part of them from time to time. The most recent version of the Terms will either be presented to you when you access the Website or will be posted on the Website. You are advised to check these Terms periodically to ensure that you are aware of and complying with the current version. You will be deemed to have accepted any changes to these Terms on the first occasion you access the Website after the publication of the amended Terms.

2. Access to the Website

Subject to your compliance with these Terms, Unsworth Rose grants you a royalty-free, non-transferable, non-exclusive and revocable licence to use the Website on behalf of the organisation you work for or represent which has been approved by Unsworth Rose (“Participating Organisation”) only for the duration of the relevant matter for which you have been granted access to the Website (or such other period as Unsworth Rose may determine in its sole discretion).

Each user of the Website will be assigned a specific level of access by Unsworth Rose. Your access will be available for one year. The assigned level of access will determine your ability to access areas of the Website and certain documents, materials and other information made available on or through the Website (“Content”). We reserve the right to change the level of access you have been granted at any time with or without notifying you.

At all times you agree to access the Website and the Content in a manner in accordance with these Terms and your specified level of access. Specifically, whilst using the Website you must:

1. take all reasonable steps to ensure that none of the Content is visible to, or capable of being overlooked by other persons;
2. not leave your computer or other communications device through which you access the Website unattended whilst connected to the Website;
3. ensure that you close the browser and log out when you have finished using the Website;
4. not attempt to access any part of the Website for which you do not have access rights;
5. not deface, mark, alter, modify, vary (including varying the sequence of), damage or destroy in any way any Content contained on the Website; and
6. not attempt to download, scan, copy, print, or otherwise capture any Content, except to the extent this is permitted by your level of access as indicate by the Website.

Your username and password are provided for your own sole use. You agree to take all necessary action to avoid a third party becoming aware or gaining access to any information concerning all or part of the Website, its security codes or producers. You agree not to permit any third party to access the Website using your username and password, and not to share your username and password with any other person. You agree to notify Unsworth Rose immediately if you know or suspect that there has been a breach of security of the Website or if you know or suspect any violation of this clause.

A Participating Organisation shall be permitted to designate specific individual users to access the Website on its behalf. The Participating Organisation you work for or represent may be asked to enter into a separate confidentiality agreement (“Confidentiality Agreement”). In the event of a conflict between these Terms and a Confidentiality Agreement, unless agreed otherwise in writing the Confidentiality Agreement shall prevail.

For the avoidance of doubt, each Participating Organisation shall be responsible and liable under these Terms for the users it authorises to access and use the Website and individual users shall not be personally liable to Unsworth Rose for their use of the Website pursuant to these Terms.

3. Confidentiality

Each of us recognises that by accessing the Website we may receive trade secrets and/or confidential or proprietary information of Unsworth Rose, our clients, other Participating Organisations or of third parties, including but not limited to information concerning business plans, customers, suppliers, services, intellectual property and financial performance (“Confidential Information”).

You agree that you may only use the Confidential Information for the purpose that it has been made available to you on this Website and to the extent necessary to perform your duties in respect of such purpose.

You agree not to disclose the Confidential Information to other employees or representatives of your Participating Organisation other than on a strictly “need-to-know” basis and to prevent its disclosure to or access by any third party without the prior written consent of the party to whom it belongs, except as may be required by law or any legal or regulatory authority of competent jurisdiction.

Where it becomes necessary to disclose Confidential Information to another employee or representative of your Participating Organisation you agree to make that individual aware that the information must be treated as confidential, that it must not be further disclosed, and that it must be handled in compliance with these Terms.

Except as required by law, or to the extent necessary to comply with obligations imposed on you by an appropriate professional, governing or regulatory body, you must destroy, delete and purge from your computer systems all copies of Confidential Information that you have printed or downloaded and stored within ten days of completion of the relevant matter in connection with which you have been granted access to the Website, or once your Participating Organisation is no longer actively involved in such matter, or immediately upon request from Unsworth Rose, whichever is the sooner.

The obligations in this clause 3 will survive the termination of these Terms for a period of five years or, in respect of particular item of Confidential Information, until such earlier time as that item of Confidential Information reaches the public domain other than through the receiving party’s own default.

4. Content

We reserve the right to remove any Content which in our sole discretion we consider to be defamatory or unlawful in any way, regardless of whether we have received a complaint to this effect.

None of the Content made available on the Website constitutes an offer to contract and no contract can be formed based on any content posted on the Website without express approval by other means.

5. Responsibility for transmissions

You are solely responsible for any transmissions you make via the Website and any documents, information or material which you pose on the Website. You agree not to use the Website or its Content for any illegal purpose and that your use of the Website will at no time interfere with, or disrupt the operation of the Website or any networks or systems associated with it.

You agree not to post any material or information on the Website which is false, unlawful, harassing, defamatory, abusive, hateful, racist, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive in any way.

Although we employ a secure data network in connection with the operation of the Website we do not guarantee that any Content displayed on or transmitted over the Website has not been interfered with by a third party.

6. Ownership

Uploading Content onto the Website will not affect ownership of any intellectual property rights in that Content. All database rights and/or copyright in databases arising out of the Website are the Property of Unsworth Rose or our licensors.

You may not use any Content for any purpose other than the purpose for which it has been made available to you on the Website. Where you are permitted to make a copy of any Content you must ensure that each copy displays all intellectual property notices that appear or are embedded within the original.

Nothing in these Terms shall grant you any right, title or interest in or to any intellectual property or goodwill of Unsworth Rose or any third party. By submitting any information in an electronic format, including documents and other electronic material to the Website, you grant Unsworth Rose and all other users of the website the right to copy and amend such material in connection with the purposes for which the Website has been established.

You may not link to the Website without our express permission. Any link provided by us from the Website is provided for your convenience only and does not represent any endorsement or recommendation of the linked web site or represent our association with it. Accordingly, we shall not be responsible for the content of any linked web site.

7. Personal Data

We may register information about you so that you may access and use the Website. By accepting these Terms you consent to our processing your personal data for the purposes of managing and administering the Website and for the purpose of monitoring your use of the Website and access to the Content. You consent that this information may be made available to other users of the Website and, where it is not already present outside of the European Economic Area, may be transferred outside of the European Economic Area if necessary for these purposes.

To the extent that you and/or Unsworth Rose is considered to be a data processor (“Data Processor”) of any personal data stored or processed in connection with the Website (“Personal Data”) under the United Kingdom Data Protection Act (“DPA”) 1998, each of us agrees:

1. to process such Personal Data in accordance with the instructions issued by the Data Controller from time to time and in accordance with these Terms;
2. to treat such Personal Data as confidential and not to disclose it to any other party;
3. to put in place appropriate technical and organisational measures to safeguard against any unauthorised access, loss, destruction, theft, use or disclosure of the Personal Data;
4. to demonstrate to the Data Controller, or its agents on reasonable notice that the above obligations are being complied with; and
5. to take steps to ensure the reliability of any employees who are given access to the Personal Data at any time.

8. Cookies

When you first visit the Website we may send you a small text file, known as a cookie, which will be stored on your computer’s hard drive to allow us to identify you when you visit the Website again. These cookies can be used to remember information about your preferences and your previous use of the Website. You are not obliged to accept a cookie from us and may modify your browser settings to ensure that your computer does not accept cookies at any time.

9. Warranties and Liability

Use of and downloading from the website is at your own risk. Content made available on the Website is provided on an “as is” basis and we make no representation as to its adequacy accuracy, reliability or completeness, or the fitness of the Content for any particular purpose (with the sole exception of Content created by or on behalf of Unsworth Rose). Where possible you should take steps to verify the Content with an independent source.

We will endeavour to maintain a high standard of continuity and operation for the Website. However, the nature of the interest is such that errors, omissions and interruptions may occur at any time. We may no express or implied representations or warranty:

1. as to the operation, quality or functionality of the Website;
2. that the Website will be available for access at all times, or on a continuous uninterrupted basis; or
3. that the Website and the Content is virus free or free from any other damaging or destructive properties.

Unsworth Rose will not be responsible for any costs associated with the reinstatement of equipment, software or data where any viruses present in the Website or its Content results in loss or corruption of your data. You and your Participating Organisation will be responsible for employing your own virus detection and protection measures when accessing the Website.

Expect in respect of death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, and any other liability which cannot be excluded or limited under applicable law or as expressly set out in these Terms, Unsworth Rose shall not be liable to: (i) any party who is not a direct client of Unsworth Rose; and (ii) any party who is a direct client of Unsworth Rose for any liability to the extent that the same can be characterised as a claim for, or arising out of: loss of profits, contracts or anticipated savings, loss of goodwill or injury to reputation; loss of business opportunity; loss or corruption of data; increase in costs and expenses; the claims of third parties; or any other indirect, incidental, consequential or special loss or damage, regardless of the form of action whether in contract, strict liability or tort (including negligence), and regardless of whether the first named party knew or had reason to know of the possibility of the loss, injury or damage in question.

10. Termination

Unsworth Rose reserves the right in its sole discretion to suspend or terminate your access to the Website at any time or amend any or all of your access rights to the Website. Any such suspension or termination of access (howsoever caused) will not affect the accrued rights or liabilities of either party to these Terms.

11. General

If any provisions of these Terms (or any part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain unaffected and in force.

These Terms, together with any documents referred to in them, constitute the entire agreement and understanding between the parties in respect of your access to and use of the Website and supersede any previous agreement between the parties relating to such matters. You acknowledge that you are not accessing the Website in reliance upon any representation or statement not expressly set out in these Terms and with the exception of any such statements and/or representation made fraudulently, you shall have no remedy against Unsworth Rose in respect of any misrepresentation (whether negligent or otherwise), untrue statement or otherwise.

Neither party may assign or otherwise transfer any benefit or obligation arising under these Terms without the prior written authorisation of Unsworth Rose.

Nothing in these Terms or any arrangement contemplated by them shall be construed as establishing or implying any partnership between the parties, and nothing in these Terms shall be deemed to constitute either of the parties as the agent of the other party or to authorise the other party to bind, contract in the name of or create a liability for the other party in any way or for any purpose.

These Terms shall be governed by and construed in accordance with English law, and the parties agree to submit to the non-exclusive jurisdiction of the English Courts in respect of any claim or dispute relating to use of the Website.

Please confirm your acceptance of Terms (by clicking on the Accept button below). If you do not agree to these Terms you should not continue to use the Website.