By Subscribing to a publication or publications or cecileparkmedia.com, the subscriber as detailed herein is acceptiing and will be bound by the current terms and conditions which may be updated from time to time.
*cecileparkmedia.com encompasses the following publications and their online archive:
a. Digital Business Lawyer (published monthly)
b. Leading Internet Case Law (published bi- monthly)
c. Online Gambling Lawyer (published monthly)
d. World Sports Advocate (published monthly)
e. Data Protection Leader (published monthly)
f. Payments & FinTech Lawyer (published monthly)
g. Digital Health Legal (published monthly)
h. Cyber Security Practitioner (published monthly)
In these Terms and Conditions, the following words and phrases shall bear the following meanings:
"cecileparkmedia.com" is a division of Cecile Park Publishing Ltd, 17 The Timber Yard, Drysdale Street, London N1 6ND.
"Data" means data or information in any format, whether existing at the time of registration or not, which is communicated or transmitted to the Subscriber and/or its User(s) in accordance with the Service.
"Service" means Data supplied to the Subscriber 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 and legislation. 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 cecileparkmedia.com from time to time at cecileparkmedia.com's sole discretion.
"Subscriber" is any person(s) or body at whose application cecileparkmedia.com provides the service, either in their or its own right, or on behalf of whom they make application.
"User" is any person(s) or body/bodies authorised by the Subscriber to use the Service, such person(s) or body being those contemplated by cecileparkmedia.com and the Subscriber 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 cecileparkmedia.com, acting as agents for third party database owners or their licensors, to the Subscriber 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 cecileparkmedia.com receives the signed Registration Form from the Subscriber at cecileparkmedia.com's registered address or such address as cecileparkmedia.com shall specify from time to time.
"Invoice Date" means the date on which an invoice is issued by cecileparkmedia.com to the Subscriber and is determined by the date shown at the top of the invoice and not by the date of posting or receipt by the Subscriber.
"Equipment" means equipment, whether existing at the time of subscription or not, which enables the Subscriber or its User(s) to access the Service.
2. DURATION AND TERMINATION
2.1 Except as otherwise provided, the subscription to each Licensed Product is non-cancellable and shall continue during the applicable Subscription Period; provided however, that this License Agreement or a subscription may be terminated for any of the reasons set out in paragraph 2 herein. 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 cecileparkmedia.com or the Subscriber 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 cecileparkmedia.com 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 Subscriber 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 Subscriber 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 cecileparkmedia.com 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 Subscriber notice in writing.
2.4 Expiry or termination of the Service shall be without prejudice to the accrued rights and obligations of the parties.
2.3 DISCONTINUATION OF PUBLICATION
Occasionally Cecile Park Publishing Ltd may discontinue a publication, or add/delete specific publications from a package of combined publications. Customers who have individual subscriptions to the discontinued publication (i.e., do not subscribe to a package of publications) will be offered a comparable publication, if available. If no comparable publication is available, or if Customer chooses not to accept the offer of a comparable publication, Cecile Park Publishing Ltd will provide, at its option, either a pro rata credit against subsequent Subscription Fees, or a pro rata refund of the unused portion of the Subscription Fees paid for such discontinued publication. Cecile Park Publishing Ltd also may occasionally change, suspend, or discontinue an aspect of the Licensed Products at any time, including the availability of any feature, database, or content. In such case, Cecile Park Publishing Ltd will use reasonable efforts to notify Customer of such changes.
3. PROVISION OF AND ACCESS TO THE SERVICE
3.1 Subject to the terms herein and for the duration of the Service, cecileparkmedia.com shall provide the Subscriber and its User(s) with the Service for the Subscription Period.
3.2 cecileparkmedia.com shall allocate to the Subscriber 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 Subscriber or its User(s) only and is not transferable, and shall be kept strictly confidential. The Subscriber agrees to notify cecileparkmedia.com 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 cecileparkmedia.com;
3.4 cecileparkmedia.com 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. cecileparkmedia.com will endeavour to give the Subscriber or its User(s) reasonable notice of any alterations or changes which are likely to affect the Subscriber or its User(s).
4. COPYRIGHT AND PERMITTED USE
4.1 The copyright in the Data is and remains the property of cecileparkmedia.com and its licensors. Save where expressly permitted by these Terms and Conditions, the Data and/or Third Party Data may not be copied, distributed, sold, reproduced, licensed or dealt with in whole or in part without the prior written consent of cecileparkmedia.com. All use of cecileparkmedia.com data shall be accredited with cecileparkmedia.com's moral rights.
4.2 The Subscriber and its User(s) agree(s) to use any Crown Copyright material accessed or received via the Service in accordance with the HMSO's Guidance Note 6 dated 27/10/99
(Waiving its legal right to license formally, restrict usage or charge for the reproduction of the Material (as defined in the aforesaid Guidance Note)) or notes of similar effect, and shall comply with the terms in such notes. cecileparkmedia.com expressly excludes liability of any breach whatsoever of terms within such notes.
4.3 All Trademarks included within the Service, expressly including "cecileparkmedia.com" and "e-commercelaw&policy" and "e-commercelawreports", are the property of cecileparkmedia.com, save those owned by third parties. cecileparkmedia.com reserves all rights in its Trademarks.
5.1 The Subscriber shall pay the 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 Subscriber within thirty (30) days of the Invoice Date. If the Subscriber fails to pay any charges when due then cecileparkmedia.com shall be entitled at its discretion to levy interest on all outstanding amounts due at a rate of four per cent above Barclays base rate calculated on a daily basis.
5.5 All charges are exclusive of Value Added Tax, which, where appropriate, will be added to the Subscriber's bill.
6. LIMITATION AND EXCLUSION OF LIABILITY
6.1 Whilst cecileparkmedia.com endeavours to ensure the accuracy of all Data contained in the Service, neither cecileparkmedia.com 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 cecileparkmedia.com nor its agents nor its licensors shall have any liability whatsoever to the Subscriber or its User(s) or any third party, for any 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 cecileparkmedia.com or its employees or agents or licensors and whether asserted against cecileparkmedia.com 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 Whilst all necessary steps will be taken as soon as is reasonably practicable to maintain the continuity of the Service, cecileparkmedia.com accepts no liability for suspension, interruption, temporary unavailability or fault occurring in the Service, however so caused.
The Subscriber may not assign the benefit or burden of this Agreement or any part thereof without the written permission of cecileparkmedia.com.
8. FORCE MAJEURE
cecileparkmedia.com shall be under no liability for any failure, delay or omission on its part if the same arises from any cause beyond cecileparkmedia.com'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
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 cecileparkmedia.com: 17 The Timber Yard, Drysdale Street, London N1 6ND. 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 cecileparkmedia.com.
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.
cecileparkmedia.com may vary or amend the above Terms and Conditions by notifying the Subscriber by e-mail thereof at any time.
For further information please
e-mail email@example.com or
telephone +44 (0)20 7012 1380