Terms & Conditions

FOR CECILE PARK MEDIA, A TRADING NAME OF CECILE PARK PUBLISHING LTD

Please take time to read these terms and conditions ("TERMS AND CONDITIONS") carefully. They govern your use of the Services (defined below) and contain important information about your rights and obligations in connection with your use of the Services. You are strongly advised to print and retain a copy of these Terms and Conditions for your records when you first start using the Services.

All references to "WE", "OUR" or "US" in these Terms and Conditions refer to Cecile Park Publishing Limited, trading as Cecile Park Media ("CPM") (registered company number of 02676976 and registered VAT number GB577806103), whose registered office is at 17 The Timber Yard, Drysdale Street, London N1 6ND.

All references to "YOU", "YOUR(S)", "USER" in these Terms and Conditions refer to the person, company or business subscribing to and accessing the Services, whether such access is as a Free Trial User or Professional User (as defined below).

You agree on behalf of yourself and any persons (including your employees) who are authorised by you to use the Services to abide by these Terms and Conditions. It is your responsibility to ensure that such individual(s)/ employees read and understand these Terms and Conditions before using the Services. You will procure that you and any persons (including your employees) that are authorised by you to use the Services have registered for access to the Services in accordance with paragraphs 6 and 7 below (each a "NOMINATED USER") and that those employees comply with all applicable provisions of these Terms and Conditions.

Where a 'person' (as described above) is accessing the Services, it is acknowledged and agreed that such a person is accessing the Services wholly or mainly in the course of that person's trade, business, craft of profession. Any references to rights and obligations of a 'company' or 'business' in these Terms and Conditions shall be construed as applying to such person(s) also (as appropriate).

However, in the event that an individual acting outside of this remit (including as a 'consumer' as defined in the Consumer Rights Act 2015) attempts to access the Services, that individual acknowledges and agrees to waive all rights and remedies they might have as a consumer, including under the Consumer Rights Act 2015. If such an individual user does not agree to this, he/she should immediately stop using the Services.

Note the disclaimers and limitations of liability in paragraphs 13-15.

1. THE SERVICES

(a) CPM comprises a number of subscription services that can be accessed in print and online (via the website at http://www.cecileparkmedia.com ("WEBSITE")), depending on the Product Type purchased (in accordance with paragraph 5) in respect of the Publications (defined below) (the "SERVICES"). The range of subscription services can be accessed here: http://www.cecileparkmedia.com/ .

The Publications shall include the following publications: 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)
(the "PUBLICATIONS")

(b) The Services are only available to business users. It is not available to consumers. Therefore, if you are an individual acting outside your trade, business, craft or profession, you should not access the Website or use the Services.

2. YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS

(a) By using the Services, you agree to be bound by these Terms and Conditions, whether you are using the Services as:
(i) a "FREE TRIAL USER" (any company or business who registers one or more Nominated Users to have a free trial access to the Services in accordance with paragraph 5 and 6 of these Terms and Conditions); or
(ii) a "PROFESSIONAL USER" (a company or business that subscribes for our paid-for Services in accordance with paragraph 5 of these Terms and Conditions, registered in accordance with paragraph 7 of these Terms and Conditions).
(b) If you do not agree to or abide by these Terms and Conditions, you should not use the Services.
(c) You warrant that the individual/company/business that registers you as a Free Trial User or a Professional User and that accepts these Terms and Conditions on your behalf has the authority to legally bind you to these Terms and Conditions and to provide and maintain the necessary registration data for this purpose.

3. APPLICABLE TERMS AND CONDITIONS AND CHANGES TO THE TERMS AND CONDITIONS

(a) Notwithstanding paragraph 3(b), if your contract with Cecile Park Publishing Ltd started prior to 23 May 2018, your contract will continue to be subject to the Terms and Conditions which were current at the time you first started to use the Services. Please contact legal@cecileparkmedia.com to receive a copy of the previous Terms and Conditions if you have not retained a copy. Should you choose to renew your Subscription Period, the then current Terms and Conditions posted on our Website, will govern our contract and will replace and supersede any previous terms entered into by you.

(b) Subject always to paragraph 3(a), we reserve the right to change, modify, add or remove any portion of these Terms and Conditions at any time. We will post any changes on the Website. Revised Terms and Conditions are effective on the date that they are posted on the Website and will form the basis of any contract entered into by us after that date. Please check the Website from time to time to see if any changes to the Terms and Conditions have been made.

(c) Your use or continued use of the Services after any changes to the Terms and Conditions are posted on the Website and will indicate your agreement to such changes.

4. CHANGES TO OUR SERVICES

(a) We may terminate, change, suspend or discontinue any aspect of the Services, including but not limited to content and hours of availability of the Website and/or Publications, at any time. This may also include adding/deleting specific Publications from a package of combined Publications. Such changes, modifications, additions or deletions to the Services and/or Publications shall be effective immediately upon giving notice to you pursuant to paragraph 3 above.

(b) If you have access to individual Publications that have been discontinued, we will use reasonable endeavours to offer you a comparable Publication, if available. If you are a Professional User and no comparable Publication is available, we will provide, at our sole discretion, either a pro rata credit against subsequent Subscription Fees, or a pro rata refund of the unused portion of the Subscription Fees for such discontinued Publication.

(c) We may also impose limits on certain features and restrict your access to parts of the Services, including the Website. In all such cases, we will use reasonable efforts to notify you of such changes where possible.

(d) If you do not agree with our changes, you should discontinue using the Services and terminate your membership as a Free Trial User in accordance with the provisions of paragraph 11(a) or as a Professional User in accordance with the provisions of paragraph 11(b).

5. PRODUCT TYPES

This paragraph 5 applies to Free Trial Users and Professional Users. In subscribing for a Publication, you will have the option of purchasing or trialling (in the case of a Free Trial User) one of the 3 product types described below in respect of a Publication:

(1) Single-User Subscription

  • One monthly hard copy (printed) of a Publication for 12 months (12 per year, or 6 per year, for Leading Internet Case Law)
  • Online access to a Publication for a single Nominated User
  • PDF of each issue for a single Nominated User

(2) Site Licence

  • Online access to a Publication for up to five Nominated Users for 12 months
  • One monthly hard copy (printed) of a Publication
  • PDF of each issue for the five Nominated Users
p(3) Corporate Subscription

  • IP range online access of a Publication for all offices within one country for 12 months
  • Up to ten monthly hard copies (printed) of a Publication per office
  • PDF of the latest issue for up to 20 Nominated Users for use within the specified country

(each, a "Product Type")

Complete packages of all Product Types are available but are not available online - you will be required to follow the instructions included on the Website in order to purchase a complete package.

Once a subscription for a Product Type has been made, this will constitute your Services and the Free Trial User and/or Professional User will have access to the purchased/chosen Publication(s) in accordance with the terms of the relevant Product Type purchased or requested to be trialled (as relevant) only.

6. FREE TRIAL USERS

This paragraph 6 applies to any company or business that registers on the Website to become a Free Trial User and receive access to a free version of the Services for the period of 7 (seven) days only, which may be extended, withdrawn or terminated at our sole discretion and option ("free trial period").

(a) To register as a Free Trial User you must:
(i) complete the relevant online form, including your contact details and the full name and email address of the individual(s) from your company or business (as relevant) that will be your/the Nominated User(s), ensuring that the information you submit to us is truthful and accurate as we are entitled to rely on any information which you submit to us. Please ensure that you keep us informed of any changes to your contact and registration information to maintain the accuracy of such information;
(ii) specify which Publication(s) and Product Type you will require as part of the Services; and
(ii) tick the checkbox to confirm your acceptance of these Terms and Conditions.
On completion of the above registration process a contract will be formed between you and us for your access to free Services provided by us. The above registration process must be completed by a representative from your company or business with the authority to legally bind you to these Terms and Conditions.

(b) Each Nominated User from your company or business must be registered individually. If you want multiple users within your organisation to have access to the Services, each user must be registered separately.

(c) If you choose not to subscribe for our paid-for Publication subscription at the end of the free trial period, access to the Services for your Nominated Users will be immediately revoked. For the avoidance of doubt, after the end of the free trial period, you will not automatically switch to a Professional User unless you choose to subscribe to the Services in accordance with paragraph 7 below.

(d) We reserve the right in our sole discretion to withdraw and/or terminate any such free trial period and/or access to the Services for Free Trial Users immediately without further notice or explanation.

7. PROFESSIONAL USERS

This paragraph 7 applies to any company or business that subscribes to the "paid for" Services, or any company or business that chooses to subscribe to the Services after completion of the free trial period.

(a) You may become a Professional User of the Services on a subscription basis. Subscriptions are usually offered for periods of 12, 24 or 36 months, payable for the full length of the subscription period purchased in advance by way of a Subscription Fee. You may nominate one or more users from your organisation to access the Services under your Professional User licence, subject to payment of the applicable Subscription fee.

(b) To become a Professional User you must:

(i) Contact a CPM representative by telephone on: +44 (0)20 7012 1380 or by email on: info@cecileparkmedia.com.com (or directly to a CPM representative via their email) and provide the following details;

  • The address of your place of business;
  • Your chosen Publication(s) and Product Type;
  • Your contact details, and
  • The number of, names of and email addresses (if available) of your Nominated Users.

We will then calculate the applicable Subscription Fee which shall be based on your chosen Product Type, chosen subscription period, chosen Publication(s) and the number of Nominated Users ("SUBSCRIPTION FEE") and send you an order summary, which will contain the details above, as well as:

  • The amount of the Subscription Fee payable by you and our payment terms;
  • Confirmation of the length of your licence subscription ("SUBSCRIPTION PERIOD"); and
  • A link to these Terms and Conditions and our Privacy Policy,
  • these details together the ("ORDER SUMMARY").

(c) We will ask you to respond to our Order Summary by email confirming that you accept the Order Summary and that you wish to proceed with your subscription as a Professional User of the Services. By providing this confirmation, or by paying the applicable Subscription Fee to us in accordance with paragraph 7(h), you agree to be bound by these Terms and Conditions.

(d) You will ensure that the information you submit to us is truthful and accurate as we are entitled to rely on any information which you submit to us. Please ensure that you keep us informed of any changes to your contact information to allow us to maintain the accuracy of such information.

(e) On completion of the registration process in accordance with paragraph 7(b)-(c) above, we will confirm your order for a Professional User licence subscription by sending you a username and password for each Nominated User (where appropriate), and an invoice for the Subscription Fee (or a receipt for your payment of the Subscription Fee if this has already been paid by you) ("ORDER CONFIRMATION"). Only the individual(s) named in the Order Confirmation shall be deemed to be authorised Nominated Users.

(f) A contract between you and us for your Professional User licence subscription will come into effect on the date of the Order Confirmation ("START DATE"). The above registration process must be undertaken by a representative from your company or business with the authority to legally bind you to these Terms and Conditions.

(g) Your Professional User licence subscription will be available from the Start Date for the Subscription Period, subject to your payment of the applicable Subscription Fees, unless your Professional User licence subscription is terminated earlier pursuant to paragraph 11 below. Your Professional User licence subscription will automatically expire at the end of your Subscription Period, unless you have confirmed and paid for a renewal.

(h) Payment

(i) You must pay the full Subscription Fee for the full Subscription Period of your Professional User licence subscription to us within thirty (30) days of the Start Date (as defined in paragraph 7(f) above).

(ii) We will invoice you for the appropriate Subscription Fee in the Order Confirmation. Additionally, any other charges incurred under the Services, such as access to Third Party Data where applicable, shall be invoiced separately.

(iii) The fees are payable in British Pounds Sterling, United States Dollars or Euros, depending on your place of business. Such fees are exclusive of Value Added Tax. VAT may be applied to such fees, if appropriate based on the location of your place of business entities and/or your Nominated User(s) accessing the Services.

(iv) Payment may be made by BACS, CHAPS or IBAN to the bank nominated by us in our invoice. We will only take payments via the telephone at our sole discretion. You may also send payments to us at our address below set out in paragraph 17 by cheque.

(v) If you fail to pay any charges when due, we shall be entitled at our discretion to levy interest on all outstanding amounts due at a rate of two (2) per cent above Barclays Bank plc's base rate calculated on a daily basis.

(vi) We reserve the right to suspend and/or terminate your access as a Professional User to the Services, for any reason, including if you fail to pay any amount when due. If payment authorisation is not received or any authorisation is subsequently cancelled, we may immediately terminate and/or suspend your access as a Professional User to the Services.

(i) Renewal

(i) Two (2) months prior to the expiry of your then current Subscription Period to the Services, we will send you a renewal notification for your Professional User licence subscription, setting out any changes to the Services, and a renewal summary containing the following information (a "RENEWAL SUMMARY"):

  • The proposed renewal period, including the renewal start date
  • The Subscription Fee payable for the renewal period
  • Your place of business
  • Your chosen Publication(s) and Product Type
  • Your contact details
  • The number of, the names of and the email addresses of your then current Nominated Users
  • Our payment terms
  • A link to the then current version of these Terms and Conditions and our Privacy Policy

The Renewal Summary will ask you whether you wish to renew your Professional User licence subscription.

(ii) If you wish to renew your Professional User licence subscription, you must respond to our Renewal Summary by email confirming that you accept the Renewal Summary and pay the annual Subscription Fee for the first year of your renewal period no later than the renewal start date. If no payment is received by such renewal start date, your Profession User licence subscription, including your access to the Services for all of your Nominated Users, will automatically terminate at the end of the current Subscription Period. By providing confirmation of your renewal, you agree to be bound by the Terms and Conditions as notified to you in the Renewal Summary.

8. USERNAME AND PASSWORD SECURITY

(a) You will receive one username and password per Nominated User that you have registered.

(b) You must ensure that all of your Nominated Users keep their usernames and passwords secure and confidential, and do not share their log-in information with any other person (including other Nominated Users), even within your organisation.

(c) We will notify you of any other restrictions on the use of your username(s) and password(s) separately. Such user restrictions will form part of these Terms and Conditions.

(d) In the event that your Nominated Users choose to change the password allocated by us, to their own memorable password, we recommend that they do not select an obvious user password (such as their name). We recommend that their password is at least 6 characters and uses a combination of lowercase letters, uppercase letters, numbers, and special characters.

(e) You agree to be responsible for all use of the Services and Website made by anyone accessing the Services or Website through the accounts of your Nominated Users. You will, and will procure that your Nominated Users will, prevent all unauthorised use of your Nominated Users' usernames and passwords to the extent that it is within your or their reasonable control.

(f) You agree to notify us immediately if you suspect any unauthorised use of any account, username or password of your Nominated Users. You also agree not to, and to ensure that none of your employees or any of your Nominated Users do not, use the username and password of another Free Trial User or Professional User at any time.

(g) If you believe that there has been any breach of security such as the disclosure, theft or unauthorised use of any username and password allocated to any of your Nominated Users, you must notify us immediately at our contact details listed in paragraph 17 below.

(h) Failure to comply with the obligations in this paragraph 8 will be deemed to be a material breach of these Terms and Conditions and we will be entitled to terminate your access as a Free Trial User or a Professional User to the Services, and to close the accounts of all of your Nominated Users, immediately pursuant to paragraph 11 below.

9. PERMITTED USE

(a) The content included as part of the Services, including without limitation, the text, data, software, scripts, graphics, photos, features ("CONTENT") and the trade marks, names and logos contained therein ("MARKS"), are owned by or licensed to us, subject to copyright and other intellectual property and similar rights.

(b) We grant you a limited, revocable, non-sub-licensable licence to:

(i) search, view, copy, print out, reproduce and display on your computer the Content and Marks solely for your own business use in connection with receiving the Services; and

(ii) share copies of the Content with colleagues within your own organisation only on an ad hoc basis, for internal use within your organisation, such as a meeting or report or other ad hoc requests, ensuring at all times that such Content is accredited with our moral rights.

(c) You agree to use the Services in a manner which is consistent with all applicable laws and regulations.

10. RESTRICTION ON USE OF THE SERVICES

(a) You shall not share the Content outside your organisation, for example with clients, and you do not have the right to copy the Content into advice provided to your clients.

(b) You may not otherwise copy, reproduce, modify, publish, adapt, create derivative works of, store, distribute, transmit, broadcast, publicly display, disassemble, decompile, reverse engineer, download, post, sell, license, or otherwise commercially exploit the Content and Marks appearing in such Content or on the Website or as part of the Services.

(c) You may not, without our prior written consent:

(i) remove the copyright or trade mark notice from any copies of the Content made under these Terms and Conditions;

(ii) create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the Content; or

(iii) frame or harvest the Content for similar purposes.

(d) You agree that you:

(i) will not use the Services or the Website to transmit or upload any material that contains software viruses, worms, Trojan Horses or any other computer code, file, programs or destructive features designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Website;

(ii) will not use the Services for any immoral or illegal purpose;

(iii) will not in any way damage, disable or impair the operation of the Services, or attempt to gain unauthorised access to the Services or additional services, by hacking, spoofing or such similar means;

(iv) are responsible for implanting sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Services and that it is compatible with the Website. We give no warranty, condition or other term that the Website is compatible with all computer systems and browsers.

11. TERMINATION

(a) Free Trial User

If you are a Free Trial User and no longer wish to receive any information or notifications from us, you may terminate your trial at any time by contacting us at our contact details set out in paragraph 17 below. On termination of your trial, your information will be held in accordance with our Privacy Policy (see paragraph 12 below).

(b) Professional User

(i) If you are a Professional User, you shall be entitled to terminate your Professional User licence subscription if the Services or part of the Services have been suspended by us for a period of more than one (1) month or if we make any changes to the Services or Website that significantly reduce the Services being provided.

(ii) You can terminate your Professional User licence subscription by sending a written notice to us at our contact details set out in paragraph 17 below. Notice of termination will be effective upon receipt by us.

(iii) If the provisions at paragraph 11(b)(i) above apply, you shall be entitled to a pro-rata refund of the Subscription Fee paid by you to us in an amount equating to the value of the proportion of the Professional User licence subscription which you have not used. However, no refund of the Subscription Fee will be payable in the event of your termination under paragraph 11(b)(ii) above.

(c) Our rights of termination

We have the right to terminate your access to the Services as a Free Trial User or Professional User (as applicable) at any time:

(i) if you are a Professional User and you have failed to pay the Subscription Fee to us within the required timeframe;

(ii) if we consider or reasonably suspect that your use of the Services breaches these Terms and Conditions;

(iii) if you enter into liquidation or any arrangement or composition with your creditors or if a receiver or administrator or administrative receiver is appointed against any of your assets or business; or

(iv) for any reason on the provision of no less than 30 days written notice by us to you.

(d) Withdrawal of Third Party Data

"Third Party Data" means data or information originating from or owned by third parties supplied as additional to the Services. Certain data, additional to the Services, may be made available by us, acting as agents for third party database owners or their licensors, to you and your Nominated User(s). All intellectual property rights in the Third Party Data shall at all times vest with the third party or its licensor(s).

We may, at our sole discretion, withdraw any Third Party Data and/or other data not included within the Services or components of such data by giving you notice in writing.

(e) Post termination

(i) In the event that we terminate your access to the Services as a Free Trial User or Professional User (as applicable), your username and password and your access to the Services will be disabled immediately and all licences and rights granted to you in these Terms and Conditions shall immediately terminate.

(ii) In the event that we terminate your access to the Services as a Professional User pursuant to paragraphs 10(c)(i) - (iii) above, you will not receive any refund for any unused period of your Professional User licence subscription which you have paid for up to the date of termination by us.

(iii) In the event that we terminate your access to the Services as a Professional User pursuant to paragraph 10(c)(iv) above, you shall be entitled to a pro-rata refund of the Subscription Fee paid by you to us in an amount equating to the value of the proportion of the Professional User licence subscription which you have not used provided you have continued to act in accordance with, and have not breached, these Terms and Conditions, including (but not limited to) paragraph 10.

(iv) Termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation of any provisions which expressly or by their nature impliedly survive termination.

12. PRIVACY

We will only use your personal information for the purposes of enabling you to access and use the Services and such other information or services you have requested or as otherwise specified in our Privacy Policy. Your Nominated Users should read our Privacy Policy for further information on how their personal data are used and protected and their rights in relation to this information.

A copy of our Privacy Policy is available at http://cecileparkmedia.com.com/privacy.asp

.

13. THIRD PARTY WEBSITES

(a) The Services may contain hyperlinks to other websites and databases, the content of which have not been authored, reviewed or vetted by us. We are not responsible for the availability of these external sites nor will we endorse nor are we responsible for the contents, products or other materials available on or through such external sites.

(b) Under no circumstances shall we be held responsible or liable, whether directly or indirectly, for any loss or damage caused or alleged to have been caused to you as a Free Trial User or Professional User, to any of your Nominated Users or to any other employee, your customers, service providers or any other third party, in connection with the use of or reliance on any content, goods or services available on such an external third party website. You should take precautions to ensure protection of your privacy when accessing third party websites.

14. DISCLAIMER

(a) The Services provided are general and educational in nature and are not intended to provide, and should not be relied on as a source of, legal advice. You are solely responsible for your use of the Services, including your use of any information, services and Content and any conclusions you draw from and any resulting advice that you give as a result of your use of the Services, including your use of any information, services and Content. Neither we, nor our agents or licensors make any representation or give any warranty, either express or implied, as to the accuracy or fitness for any purpose of any Content received by means of the Services.

(b) The information and materials provided in or through the Services may not be applicable in all (or any) situations and should not be acted upon without specific legal advice based on particular circumstances. Moreover, the information and materials provided in or through the Services, including any hyperlinks, may not reflect the most current legal developments and do not necessarily indicate future developments in the field of privacy or data protection.

(c) You agree that the use of the Services is at your sole risk. Neither us, our affiliates nor any of our respective employees, agents, third party content providers or licensors warrant that the Services will be uninterrupted or error free or that defects will be corrected, or that the Website or server that makes it available is free of viruses or bugs; nor to the extent permitted by law do we make any representation, warranty of any kind, express or implied, condition or other term as to the title, accuracy, completeness, availability, reliability, merchantability, fitness for purpose, non-infringement, compatibility, security or content of any information, Content or services provided through the Services. The Services and Content is provided on an "AS-IS" and "AS AVAILABLE" basis.

(d) Whilst we will take steps to ensure continuity of Services, we accept no liability for suspension, interruption, temporary unavailability or fault occurring in the Services, howsoever caused.

(e) We have tried to ensure that all the information and Content provided through the Services is correct at the time of publication. However no responsibility is accepted by us or on our behalf for any errors, omissions or inaccurate information or Content provided as part of the Services. We do not undertake any obligation to consider whether the information provided to us for the purpose of our Content (including answering a query) is either sufficient or appropriate for any particular actual circumstances. The Content includes archived information and resources, which may be incorrect or out of date.

15. LIMITATION OF LIABILITY

(a) This paragraph 15 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, contributors, consultants and sub-contractors) to you in respect of:

(i) any breach of these Terms and Conditions;
(ii) any use made by you of the Services, including your use of any information, services and Content (or any part of them); and
(iii) any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with these Terms and Conditions.

(b) We shall have no liability for any damage caused by errors, omissions or inaccurate information or Content provided as part of the Services or any actions taken by us at your direction.

(c) All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and Conditions.

(d) Nothing in these Terms and Conditions shall be construed to exclude or limit our liability for death or personal injury to you as a result of our negligence or for fraudulent misrepresentation.

(e) Under no circumstances will we be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise) whether arising in tort, contract or otherwise:

(i) loss of data;
(ii) loss of revenue or anticipated profits and savings;
(iii) loss of business;
(iv) loss of opportunity;
(v) loss of goodwill or injury to reputation;
(vi) losses suffered by third parties; and
(vii) any indirect, special, exemplary or consequential loss, damages, charges or expenses howsoever arising from your use of the Services, including your use of any information, services and Content (or any part of them).

(f) Subject to paragraph 15 (d) above our total aggregate liability to Professional Users in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with these Terms and Conditions shall be limited to the price paid by you for your access to the Services pursuant to these Terms and Conditions during the twelve (12) months preceding the date on which the claim arose.

(g) Subject to paragraph 15(d) above our total aggregate liability to Free Trial Users in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with these Terms and Conditions or their use of the Services shall be limited to [50.00 (fifty pounds]).

16. INDEMNITY

(a) You agree to indemnify and hold us, our subsidiaries and affiliates, and our respective officers, agents, partners and employees harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of:

(i) your use of the Services in violation of these Terms and Conditions; and
(ii) any other breach of these Terms and Conditions.

17. CONTACT US

(a) You may send any written notice and/or any complaint to us, or address any questions you may have regarding these Terms and Conditions to Cecile Park Publishing Limited, 17, The Timber Yard, Drysdale Street, London, N1 6ND, United Kingdom, or by e-mailing us at:legal@cecileparkmedia.com or calling us on +44 (0)20 7012 1380. Notices will be effective upon receipt by us.

(b) We may send you notice by general notice on the Website, by e-mail to your e-mail address or postal address which you register with us. Such notice will be effective if sent by e-mail or posted on the Website, immediately from the time and date it was sent or posted on the Website. If sent by first class post, it will be effective three (3) working days after postage by us.

18. FORCE MAJEURE

(a) If we are unable to perform our obligations under these Terms and Conditions because of matters beyond our reasonable control, including without limitation, fire, explosion, war, civil disorder, power failure, failure of telecommunication lines, connections or equipment, or failure or defects in any hardware or software owned or supplied by third parties, industrial disputes, or other disasters or governmental laws and regulations imposed, or other events beyond our reasonable control, we will not have any liability to you for our failure to perform the Services. During such period, our contract with you as a Free Trial User or a Professional User shall be suspended.

(b) If such period of suspension exceeds [thirty (30)] days, then either we or you may upon giving written notice to the other, give notice of termination to the other in accordance with the provisions of paragraph 11.

19. ASSIGNMENT

(a) You and your Nominated Users may not assign or otherwise transfer any of your rights, obligations and liabilities under these Terms and Conditions or any part thereof without our prior written permission.

(b) We may assign or otherwise transfer all of our rights, obligations and liabilities under these Terms and Conditions to any third party.

20. ENTIRE AGREEMENT

These Terms and Conditions including any terms we may notify you of in writing separately regarding your use of the Services, together with any Order Confirmation and Subscription Fee invoices constitutes the entire agreement between you and us regarding your use of the Services and shall supersede all prior terms and conditions, arrangements or understandings regarding the Services.

21. WAIVER

Our failure to exercise or enforce any right or provision in these Terms and Conditions shall not operate as a waiver of such right or provision.

22. SEVERANCE

If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

23. GOVERNING LAW AND JURISDICTION

(a) These Terms and Conditions shall be governed by and construed in accordance with the laws of England and the English courts shall have exclusive jurisdiction in all disputes arising in relation to these Terms and Conditions.

(b) Without prejudice to paragraph 23(a) above, we shall nevertheless still have the right to apply at any time for injunctive, other interlocutory or emergency relief to any competent court.

THESE TERMS AND CONDITIONS ARE EFFECTIVE AS AT 23 MAY 2018*

* If your contract with Cecileparkmedia.com started prior to 23 May 2018, please refer to paragraph 3 above..]