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BY SIGNING A REGISTRATION FORM OR BY ACCESSING SIE, THE MEMBER, AS DETAILED HEREIN, IS ACCEPTING AND WILL BE BOUND BY THE CURRENT TERMS AND CONDITIONS WHICH MAY BE UPDATED FROM TIME TO TIME
1. INTERPRETATION
In these Terms and Conditions, the following words and phrases shall bear the following meanings:
"SIE" is a Ltd Company, Registered Office Address of 3 Barway Rd, Manchester M21 9JZ and means all SIE Services that may be provided under the SIE name from time to time).
"Affiliates" means entities controlling, controlled by or under common control with SIE
"Data" means data (including Third Party Data) or information in any format, whether existing at the time of registration or not, which is communicated or transmitted to the Member and/or its User(s) in accordance with the Service.
"Extracts" means insubstantial extracts from the Data (appropriately cited and credited) whether held as separate documents or as incorporated in Work Product in accordance with clause 4.2.1(b) hereof;
"Project Database" means a searchable database maintained in connection with an ongoing project of the member which must consist preponderantly of Member’s own Work Product with access limited to those internal Users actively working on the project.
"Work Product" means Member’s own documents, memoranda, advices, briefs and other similar materials whether in print or in electronic form created by Member in the regular course of Member's business which for the purposes of the Terms and Conditions herein includes the following activities
(a) advising clients;
(b) internal training;
(c) producing print or electronic updating/current awareness newsletters for purely internal consumption;
(d) for Academic Institutional Subscribers, print or electronic course packs, including legal research manuals/learning guides
but, in the absence of prior agreement with SIE, which may require additional charges, not the following:
(e) producing intranet, extranet or internet sites;
(f) producing print or electronic updating/current awareness newsletters for external consumption or any other client retention/attraction activity;
(g) providing research services other than to clients;
(h) publication or resale;
(i) for Academic Institutional Subscribers, downloading data for use in virtual learning environments.
"Service" means Data and functionality supplied to the Member and/or its User(s) in accordance with the Terms and Conditions herein and which comprises, inter alia but not restricted to, case law, articles index press releases, reports and legislation of the United Kingdom and/or, in respect of SIE, the European Union. Other data or information, including data or information originating from or owned by third parties ('Third Party Data', see below), may be made available or removed by SIE from time to time at SIE’s sole discretion.
"Member" is a firm of solicitors regulated by the Law Society of England and Wales and their authorised servants or agents or employees.
"User" is any person(s) or body/bodies authorised by the Memberr to use the Service, such person(s) or body being those contemplated by SIEl and the Member at the time of registration, and evidenced, inter alia, by information or details on the Registration Form.
"Third Party Data" means data or information originating from or owned by third parties supplied as additional to the Service. Certain data, additional to the Service, may be made available by SIE, acting as agents for third party database owners or their licensors, to the Member and its User(s). All intellectual property rights in the Third Party Data vest with the third party or its licensor(s).
"Subscription Period" means the period of twelve (12) months from the Subscription Start Date or the anniversary or subsequent anniversaries thereof.
"Subscription Start Date" means the date on which SIE receives the signed Registration Form from the Memberr at SIE’sregistered address or such address as SIE shall specify from time to time.
"Invoice Date" means the date on which an invoice is issued by SIE to the Member and is determined by the date shown at the top of the invoice and not by the date of posting or receipt by the Memberr.
"Registration Fee" means the non-refundable one-off fee payable by each Member in order to be registered by SIE prior to access to the Service being made available.
"Equipment" means equipment, whether existing at the time of subscription or not, which enables the Member or its User(s) to access the Service.
2. DURATION AND TERMINATION
2.1 The Subscription Period shall be deemed to commence on the Subscription Start Date and thereafter shall continue for successive periods of twelve (12) months from the anniversary or subsequent anniversaries of the Subscription Start Date and, subject to any earlier termination as provided for in paragraph 2 herein, shall continue until terminated by SIE or the Member by giving no less than thirty days' written notice to the other party prior to the anniversary or subsequent anniversaries of the Subscription Start Date.
2.2 SIE may suspend or terminate access to the Service without notice if:
(a) any fees, charges or other payment due hereunder are unpaid for more than fourteen days after becoming due;
(b) the Member and/or its User(s) commit(s) a breach or default of any term herein and fails to remedy it promptly on receiving notice of it;
(c) the Member enters into liquidation or any arrangement or composition with its creditors or if a receiver or administrator or administrative receiver is appointed against any of its assets or business.
2.3 SIE may, at its sole discretion, withdraw any Third Party Data and/or other data not included within the Service or components of such data by giving the Member notice in writing.
2.4 Expiry or termination of the Service shall be without prejudice to the accrued rights and obligations of the parties.
3. PROVISION OF AND ACCESS TO THE SERVICE
3.1 Subject to the terms herein and for the duration of the Service, SIE shall provide the Subscriber and its User(s) with the Service for the Subscription Period.
3.2 SIE shall allocate to the Member and its User(s) such passwords and other identifiers as it thinks fit and may alter these from time to time upon reasonable notice being given to the Subscriber.
3.3 Any password is issued for the authorised use of the Member or its User(s) only and is not transferable, and shall be kept strictly confidential. The Member agrees to:
(a) notify SIE of any changes relating to its User(s) as soon as possible. Liability arising from breach of this clause shall be maintained until such notification has been received by SIE
(b) indemnify SIE against any unauthorised use, in breach of these Terms and Conditions, of such password(s) including its use by a third party where the Subscriber or its User(s) has allowed or facilitated access to any Data, Third Party Data or other data, however so received, in conjunction with the subscription to the Service, by that third party, subject to prior written consent of SIE
3.4 SIE reserves the right without notice to:
(a) alter the arrangements for access to the Service; and/or
(b) change the content, presentation and/or facilities of the Service. SIE will endeavour to give the Member or its User(s) reasonable notice of any alterations or changes which are likely to affect the Subscriber or its User(s).
3.5 Upon payment of the annual fee, members will be entitled to make unlimited searches on the site subject to meeting the required entries in the Membership Log.
3.6 Failure to meet the required entries in the membership log will result in searches relating to cases being temporarily suspended until the required number of entries has been made as set out in the registration form and/or members page. No return of the membership fee or any part thereof is possible once agreement to the terms and conditions of SIE has been effected and once payment has been processed in connection with this regard
3.7 All member firms are responsible for ensuring compliance with the Data Protection Act, and entries of the member firm are the responsibility of the firm. The member firm agrees that details of individuals are not entered unless compliance with the Data Protection Act provisions has been met.
3.8 All member firms agree to make entries within the log in the required format set out by SIE.
3.9 Once data is entered and approved by member firms, the same can only be removed or amended upon request in writing or by e-mail to SIE Ltd either during the duration of membership or after expiry of the membership period. The ability to remove or amend data remains at the entire discretion of SIE Ltd.
4. COPYRIGHT AND PERMITTED USE
4.1 The copyright in the Data is and remains the property of SIE and its licensors.
4.2 Permitted Acts - use
4.2.1 Subscriber may:
(a) view the Data on screen;
(b) reproduce, quote and excerpt Extracts in Member’s own Work Product;
(c) print Extracts for internal use and for distribution to third parties if such third parties agree not to further distribute the same;
(d) distribute Work Product related to a specific cause of action containing Extracts to:
(i) the court before which the cause of action is to be heard, and/or
(ii) the parties to the cause of action, and/or
(iii) their representatives.
(e) on an occasional basis either via e-mail or via the functionality of the Service, transmit or direct SIE transmit individual documents in electronic format to individual internal user(s) for internal use and for distribution to third parties if such third parties agree not to further distribute the same;
(f) download Extracts to a storage device under the exclusive control of Member and temporarily store the same in order to carry out the above functions; and
(g) use the functionality made available through the Service.
4.3 Permitted Acts - storage
4.3.1 Member may store Extracts in a Project Database, whether in hardcopy or electronically (or both)
4.3.2 Subject to 4.3.3, Member may continue to store Extracts in a Retention Database meaning a database or other storage which is not readily accessible searchable or useable by Users and which is retained only for the purpose of proof at a later date, e.g. for purposes of litigation against Subscriber that certain material was reviewed as part of a particular matter.
4.3.3 No Data shall be stored or used in any form of database whether current or archival which is intended for the storage, and/or provision to its users, of access to know-how.
4.4 Restrictions
4.4.1 Except as expressly permitted by the Terms and Conditions herein (e.g. in relation to Work Product), or by applicable law, or with SIE’s prior written permission, Member may not do the following (nor may Subscriber permit a third party to do the same):
(a) copy, download, store, publish, transmit, transfer, sub-licence, distribute, sell or otherwise use the Data or any part of the Data in any form or by any means;
(b) re-use, reproduce, decompile, reverse engineer, disassemble, attempt to discern the source code of the Service or interfere in any way with the Data or any part of the Data;
(c) modify or make any alterations, additions or amendments to the Data;
(d) combine the whole or any part of the Data with any other software, data or material;
(e) create derivative works from the whole or any part of the Data; or
(f) sell, licence or distribute Data (or any parts thereof) to third parties or use Data as a component of or as a basis for any material offered for sale, licence or distribution.
4.4.2 Member undertakes to use reasonable endeavours to ensure that the Service shall not be accessed or used by third parties other than those entitled to do so by virtue of the Terms and Conditions herein.
4.4.3 Member shall use its reasonable endeavours to keep any Data stored (as permitted under the Terms and Conditions herein) secure and to prevent any third party duplicating or otherwise reproducing the same in whole or in part other than for the exercise of the rights granted by the Terms and Conditions herein, and shall use its reasonable endeavours to prevent whether by act or omission such duplication or reproduction except as permitted by the terms of the Terms and Conditions herein.
4.5 All Trade Marks included within the Service, expressly including SIE are the property of SIE save those owned by third parties. SIE reserves all rights in its Trade Marks.
5. CHARGES
5.1 The Member shall pay the one-off Registration Fee and other charges for the provision of the Service as stated on the Registration Form.
5.2 All charges are payable from the Subscription Start Date. Subscription charges are invoiced and payable annually in advance. Other charges incurred under the subscription, such as access to Third Party Data where applicable, shall be invoiced separately.
5.3 The User will be responsible for all Internet connection charges and utility charges or related costs.
5.4 All invoices for the Service are payable by the Member within thirty (30) days of the Invoice Date. If the Member fails to pay any charges when due then SIE shall be entitled at its discretion to levy interest on all outstanding amounts due at a rate of four per cent above National Westminster Bank Plc base rate calculated on a daily basis.
5.5 All charges are exclusive of Value Added Tax, which will be added to the Subscriber's bill.
6. LIMITATION AND EXCLUSION OF LIABILITY
6.1 Whilst SIE endeavours to ensure the accuracy of all Data contained in the Service, neither SIE nor its agents nor its licensors make any representation or give any warranty, either express or implied, as to the accuracy or fitness for any purpose of any Data received by means of the Service.
6.2 Neither SIE nor its agents nor its licensors shall have any liability whatsoever to the Member or its User(s) or any third party for any direct, indirect or consequential loss or damage cost or expense suffered or incurred (whether arising in tort, contract or otherwise, and whether arising from the negligence of SIE or its employees or agents or licensors and whether asserted against SIE or against the Subscriber or its User(s) arising out of the use or supply of the Service or the Data) and all warranties express or implied which are inconsistent with this paragraph 6 are hereby expressly excluded.
6.3 The Member shall indemnify SIE against all costs claims demands or expenses incurred by or made against SIE as a result of any breach by the Subscriber and/or its User(s) of these Terms and Conditions.
6.4 Whilst all necessary steps will be taken as soon as is reasonably practicable to maintain the continuity of the Service, SIE accepts no liability for suspension, interruption, temporary unavailability or fault occurring in the Service, howsoever caused.
7. ASSIGNMENT
The Member may not assign the benefit or burden of this Agreement or any part thereof without the written permission of SIE
8. FORCE MAJEURE
SIE shall be under no liability for any failure, delay or omission on its part if the same arises from any cause beyond SIE’s reasonable control including (but not limited to) Acts of God, acts or regulations of government or other authorities, war, fire, strikes or other industrial disputes, power failure, failure of telecommunication lines connections or equipment, or failure or defects in any hardware or software owned or supplied by third parties.
9. SERVICE OF NOTICE
Except as otherwise provided for in the Terms and Conditions herein, any notice to be given to either party by the other shall be in writing and delivered by hand or pre-paid post to the parties at one of the following addresses: To SIE 3 Barway Rd, Manchester M21 9JZ. To the Subscriber: at the address at which the Service is provided or the address of the Subscriber shown on the Subscriber's last invoice or any address subsequently notified in writing by the Subscriber to SIe
10. APPLICABLE LAW
These Terms and Conditions shall be construed in accordance with the Laws of England and shall be subject to the non-exclusive jurisdiction of the English courts.
11. ENTIRE AGREEMENT
These Terms and Conditions together with the Registration Form, save for written agreement to the contrary, shall form the entire arrangement between parties and supersede all prior Terms and Conditions, arrangements or understandings about its subject matter.
12. VARIATIONS
SIE may vary or amend the Terms and Conditions herein by giving the Subscriber written or online notice thereof at any time.
13. MONEY BACK GUARANTEE
SIE offers a full refund of the Subscription fee if within seven (7) days of confirming your order you are not totally satisfied. This does not affect your statutory rights.
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