1. Terms and Conditions of Use
1.1. These terms and conditions (the Agreement) govern the use of this KnowledgePlus A&L Goodbody LLP Website (the Website). The Agreement is between:
(a) the Client (being the company, firm or other entity that has been expressly authorised to access the Website);
(b) the Client’s employees or agents invited to use the Website in accordance with Clause 2 below (Authorised Users); and
(c) A&L Goodbody LLP of International Financial Services Centre, North Wall Quay, Dublin 1.
1.2. Only Authorised Users may access and use the Website. Accessing the Website shall be deemed to be acceptance of the Agreement. If an Authorised User does not accept the Agreement, he/she is not authorised to access or use the Website.
1.3. The Agreement shall continue in force for as long as A&L Goodbody provides access to the Website to the Client. Any significant changes to the Agreement shall be notified by A&L Goodbody LLP to the Client and Authorised Users. If the Client and Authorised Users access the Website after such notification, they will be deemed to have accepted the changes.
2. Access
2.1. Usernames and/or passwords will be generated by the Authorised Users on the Website for the purpose of providing access to the Website.
2.2. The Client must ensure that its Authorised Users keep confidential any passwords or usernames allocated to them. The Client will be liable for any loss or damage (including claims by third parties) to A&L Goodbody LLP caused by a breach of the obligation of confidentiality by its Authorised Users.
2.3. The Client must notify A&L Goodbody LLP promptly if any of its Authorised Users to whom a username or password has been allocated leaves employment or has their agency terminated or if it becomes aware of unauthorised use or transfer of a username or password. Notification should be sent as soon as possible to knowledge@algoodbody.com
2.4. Usernames and passwords allocated to the Client may be changed by A&L Goodbody LLP at its discretion at any time and any such changes will be notified to the Client or the Authorised Users, but A&L Goodbody LLP accepts no liability whatsoever in the event that it makes any such changes at any time, whether notified or not.
3. Intellectual Property Rights
3.1. The Website contains material and information which is intellectual property owned by or licensed to A&L Goodbody LLP and is protected by copyright, patents, trade marks and/or other proprietary rights. Therefore, the Client and Authorised Users must not modify, publish, transmit, distribute or participate in the transfer, license or sale of, create derivative work of, or in any way exploit any of the content of the Website including its name(s).
3.2. The Client and its Authorised Users may use the Website for business purposes only. They can not reproduce, distribute, reverse engineer, copy, modify or reformat the Website except to the extent permitted by law and will not take any action to remove or hide the display of copyright and other professional notices contained on the Website.
4. Website Content
4.1. A&L Goodbody LLP will endeavour to ensure that all information which it has produced and included on the Website is accurate and reflects the general legal position on the particular issue intended to be covered on the date recorded within the document or the date it was posted to the Website if no date is recorded. However, the Client and all Authorised Users acknowledge and agree that information and documentation contained throughout this extranet, including all guides, analysis, summaries, suggestions, guidance and opinions expressed, whether in written or recorded form via online presentations or otherwise, constitutes only an introduction to, or overview of, the relevant legal issues under discussion, and that it does not purport to be an exhaustive analysis, may not always be up-to-date, and should not be relied upon or used as a substitute for legal advice or assistance. The Client and all Authorised Users further acknowledge and agree that the information and documentation may not be appropriate for their specific situation and that legal advice should always be sought before deciding how to proceed on the basis of their particular requirements and before taking any action or making any decision on foot of any information contained in the Website.
4.2. A&L Goodbody LLP may from time to time publish on the Website documents or materials provided by the Client or by third parties. A&L Goodbody LLP does not monitor or edit such documents and does not accept any responsibility for such documents or materials which includes responsibility for any losses, damages and other liabilities suffered by the Client or any other person arising from using and/or relying on same. In respect of any documents or materials that the Client provides, the Client warrants that it owns or otherwise has the rights in the documents or materials and that, for example, by furnishing the documents or materials, they have not contravened or infringed a third party’s legal (including intellectual property) rights.
4.3 Video and CPD eligible talks and presentations may only be viewed from within the Site by the Client or Authorised Users.
4.4 Given the range of browser types, versions, privacy and security settings that may be in place in any given organisation, A&L Goodbody LLP cannot guarantee to the Client or Authorised User that CPD e-learning files are compatible with all possible variables and settings which may be in place in your organisation. A&L Goodbody LLP strongly recommend that you run the test talk to check if it works in your IT environment.
5. Linking
5.1. The Website may contain links to the websites of third parties. A&L Goodbody LLP do not represent or warrant that the information accessible on those websites via the Website is accurate, complete or current or that the use of that site is free of risk or other damage. Accordingly, A&L Goodbody LLP does not accept any responsibility for any loss or damage the Client, the Authorised User or any other party may suffer arising out of its access to such websites, including but not limited to damage or loss arising from its use of or reliance upon information contained within such websites.
6. Availability of Website
6.1. A&L Goodbody LLP intends the Website to be available to the Client on a 24 hour basis. However, A&L Goodbody LLP cannot guarantee uninterrupted access to the Website. A&L Goodbody LLP may suspend access to the Website temporarily and without notice if, for example, A&L Goodbody LLP is required to conduct updating, maintenance or repair, or if such suspension is necessary due to an occurrence beyond A&L Goodbody LLP's reasonable control. However, A&L Goodbody LLP will use reasonable effort to minimise such periods. A&L Goodbody LLP do not accept any responsibility for any loss or damage howsoever arising resulting from any period of unavailability or technical problems beyond the control of A&L Goodbody LLP.
6.2. A&L Goodbody LLP may terminate this Agreement without cause in whole or in part with immediate effect by giving notice to the Client, and the right to access the Website shall cease on delivery on such notice.
7. Viruses
7.1. A&L Goodbody LLP will make all reasonable attempts to exclude viruses from the Website, but cannot guarantee that such attempts will be successful. The Client should, therefore, take such steps in respect of any such risk as are appropriate to its business. The Client and Authorised Users must take reasonable steps to ensure that any files they provide to A&L Goodbody LLP for inclusion in the Website do not contain any virus.
8. Confidentiality
8.1. A&L Goodbody LLP will not disclose Client or third party confidential information contained in the Website to anyone outside A&L Goodbody LLP unless such disclosure has been authorised or deemed to have been authorised by the Client or third party or is otherwise required by law, regulation or an order of the Court.
8.2. The Client and Authorised Users will not disclose proprietary material or information on the Website to anyone outside the Client (or any Company, firm or entity owned or controlled by, or which owns or controls, the Client) without the consent of A&L Goodbody LLP.
9. Limitation and Exclusion of Liability
9.1. A&L Goodbody LLP will not be liable for any loss or damages (including without limitation any incidental, indirect or special loss or damage or any loss of profits, business, goodwill or data) howsoever arising out of or incurred by the Client or its Authorised Users directly or indirectly in connection with or relating to the Website or any documents, materials or other content in the Website or referred to in it, regardless of whether the possibility of such damages was disclosed to, or could reasonably have been foreseen by it, and A&L Goodbody LLP shall not be liable for any loss or damages (including without limitation any incidental, indirect or special loss or damage or any loss of profits, business, goodwill or data) howsoever arising or incurred by the Client or its Authorised Users or any other person in connection with or relating to the use of the Website by the Client or the Authorised Users in breach of this Agreement.
9.2. Nothing in this Agreement shall limit or exclude A&L Goodbody LLP' s liability for gross negligence, fraudulent misstatement, death or personal injury resulting from A&L Goodbody LLP's negligence, or any other liability, the limitation or restriction of which is prohibited by law.
10. General
10.1. If any of the terms and conditions in this Agreement are held to be unenforceable, illegal or void in whole or in part by reason of the laws of any state or country in which the terms and conditions are intended to be effective, it will to that extent be deemed not to form part of this Agreement and the enforceability, legality and validity of the remainder of this Agreement will not be affected.
10.2. The Client may not assign any of their rights or obligations hereunder without the prior written consent of A&L Goodbody LLP. A&L Goodbody LLP reserves the right to assign its rights and obligations under this Agreement.
10.3. This Agreement is governed by the laws of Ireland and it is irrevocably agreed by the parties that in respect of all disputes arising out of or in connection with the use of the Website or this Agreement, the Irish Courts shall have exclusive jurisdiction over such disputes.
A&L Goodbody LLP
Address: IFSC, North Wall Quay, Dublin 1 | Tel: +353 1 649 2000 | Fax: +353 1 649 2649 |
Web: www.algoodbody.com