1. Introduction

1.1 Ecomlex is an association of independent law firms (the “Member Firms”) with leading IT and e-commerce lawyers established to meet the needs of businesses throughout Europe. As such, Ecomlex is an umbrella organisation and does not deliver services in its own name. Each Member Firm is a separate independent firm.

1.2 The Terms of Use set out below (“Terms”) will govern your use of the website which can be found at www.ecomlex.com (the “Website”). These Terms should be read alongside, and apply in addition to, the Ecomlex privacy policy (the “Privacy Policy”) and the Ecomlex cookie policy (the “Cookie Policy”).

1.3 The Website is owned and operated by Fieldfisher LLP, a firm of Solicitors whose address is Riverbank House, 2 Swan Lane, London, EC4R 3TT and whose registered number is OC318472 (“Us”, “We” or “Our”). We are authorised and regulated by the Solicitor’s Regulation Authority. The SRA’s rules can be found on its website at www.sra.org.uk. We are registered for VAT with the registration number GB 232 2737 84.

1.4 Please read these Terms carefully. By accessing and using the Website, you agree to be contractually bound by the Terms. If you do not agree with the Terms, please do not use the Website.

1.5 We may at any time in Our sole discretion:

1.5.1 modify or discontinue access to and use of the Website; and/or

1.5.2 change these Terms by uploading a revised version of these Terms on the Website, following which your continued use of the Website constitutes acceptance by you of the revised version.

2. Your use of the Site

2.1 By accessing the Website, you agree:

2.1.1 to comply with all applicable laws and regulatory requirements relating to your use of the Website;

2.1.2 not to interfere with or disrupt the operation of the Website or access to it;

2.1.3 not to introduce or attempt to introduce any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of the Website or any hardware, software, or equipment (“Destructive Features”) to the Website or any of its software or systems;

2.1.4 not to access, alter, destroy or otherwise tamper with any part of the Website, its software or system;

2.1.5 not to reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Website, unless permitted by law;

2.1.6 not to use it in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

2.1.7 not to restrict or inhibit the ability of any other person to access or use the Website;

2.1.8 not to use the Website or access to it for any commercial purposes, other than solely for the direct purpose of engaging, or considering whether to engage, one or more of the Member Firms in the provision of legal services; and

2.1.9 not to remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Website.

3. Disclaimer

3.1 We will provide the Website to you with reasonable skill and care but We do not guarantee that the Website will be error free or meet your requirements.

3.2 The Website may contain information, text, data, graphics, photographs, videos, sound recordings, illustrations, artwork, names, logos, trade marks, service marks about Ecomlex, the Member Firms and their area of practice and general information on certain areas of law (the “Information”).

3.3 The Information is not intended to, nor does it, constitute legal, accounting, business, financial, tax or other advice or services. The Information is provided on an information basis only and should not be relied upon. If you need advice or services on a specific matter, you should seek appropriate legal advice. You may directly contact the lawyer at the appropriate Member Firm using the contact details provided on the Website.

3.4 Whilst We use reasonable efforts to include accurate and current Information, errors and inaccuracies may occur. Your access to and use of the Website and Information is entirely at your own risk. The Information is provided on an ‘as is’ and ‘as available’ basis only and we accept no liability for errors or inaccuracies in the Information.

3.5 Subject to clause 3.1, We accept no liability for the Information and any other content or materials on the Website and all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded by law. We do not give any warranty or representation as to the accuracy of the Information and do not accept responsibility for errors or omissions or for any action or decisions based on the Information. We do not warrant that the Website will be available uninterrupted or error free or that any defects will be corrected.

3.6 To the full extent permitted by law, We do not accept any liability for any indirect, special, consequential, punitive or exemplary losses or damages of whatever nature arising:

  1. out of access to, or the use of this Website;
  2. out of delay or inability to use this Website;
  3. out of the Information contained in this Website; or
  4. otherwise under these Terms,

including, but not limited to loss of profits, anticipated savings, revenues, data, goodwill or contracts resulting from contract, tort (including negligence) or whatever cause.

3.7 Nothing in these Terms excludes Our liability for death or personal injury resulting from Our negligence or in respect of fraudulent misrepresentation or any other statutory or other liability which cannot be excluded under applicable law.

3.8 Subject to clause 3.7, Our total liability to you under these Terms for any losses suffered by you will never exceed £10.

4. Computer viruses, worms and Trojan horses

4.1 We do not warrant that the Website is free of Destructive Features and accept no liability for any damage that may result from the transmission of any Destructive Feature via the Website or via any files which may from time to time be available for you to download from the Website.

5. Linking

5.1 The Website contains links to other third parties’ websites, including the websites of Member Firms. We accept no responsibility for the content of such websites or web pages, nor do We accept responsibility for any losses or penalties incurred as a result of your use of any links or reliance on the content of any website to which this Website is linked.

5.2 You may not frame, link or deep-link this Website to any other website without Our prior written consent. Should you wish to frame or to set up a link/deep-link to the Website please contact: publications@fieldfisher.com

6. Intellectual property

6.1 Except as is otherwise indicated on the Website, We and/or Our licensors are the owners of the copyright (and all related intellectual property rights including but not limited to all database rights, unregistered and registered trade marks, service marks and logos) in the Information, including layout of the Website.

6.2 You are not permitted to copy, reproduce, permanently store, adapt, republish, download, post, exploit, broadcast or transmit the Information in any way, save for the purpose of: enquiring about or requesting information relating to Member Firms’ services as featured on the Website; or downloading and temporarily storing one or more of the pages of the Website for the purpose of viewing for your personal use or internal use within your organisation.

7. Your personal information

7.1 We will process the personal information you provide when using the Website in accordance with the Privacy Policy. If you do not agree to Us collecting and using your personal information in accordance with Our Privacy Policy you should not use the Website.

8. Termination

8.1 Our site is made available free of charge.

8.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.

8.3 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

9. General

9.1 Our failure at any time or for any period to enforce any right under these Terms shall not constitute a waiver of such right at any time thereafter.

9.2 We can assign, sub-contract and/or otherwise transfer any or all of Our rights and/or obligations under these Terms to any company, firm or person. We can only do this if it does not affect your rights under these Terms. You may not assign, sub-contract and/or otherwise transfer your rights or obligations under these Terms to anyone else except with our written consent.

9.3 If any provision of these Terms is held to be void, invalid, unenforceable or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected.

9.4 Nothing in these Terms is intended to confer, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise, any rights, remedies or benefits upon any person other than Us and you.

9.5 Except for in the case of fraud, these Terms constitute the entire agreement between you and Us in relation to the Website.

9.6 These Terms are subject to English Law and to the exclusive jurisdiction of the English courts.

9.7 English is the only language in which these Terms are offered.

These Terms were last updated on 24th October 2017.