CRIMINAL LAW WEEK TERMS AND CONDITIONS

(N.B. These terms and conditions are not applicable to MoJ or CPS users)

1.1. The following clauses (in combination with the Terms of Trading set out on the Supplier’s website at www.sweetandmaxwell.co.uk (“the TR Terms of Trading”) constitute the terms and conditions on which Thomson Reuters (Professional) UK Limited (Supplier):

  1. provides subscriptions to Criminal Law Week Combined, Criminal Law Week Online or Criminal Law Week Print for a period of one year (subject to the clauses relating to the continuous subscription programme in 11.2 and 11.3) from a date to be agreed between Supplier and the counterparty (the “subscription”); and/ or
  2. registers an individual on the Criminal Law Week CPD Course for Barristers or the Continuing Competence Course (“CCC”) for Solicitors (a “registrant”) for any given year (subject to the clauses relating to the continuous subscription programme in 11.2 and 11.3) from a date to be agreed between Supplier and the counterparty (the “registration”),

at a price to be agreed between Supplier and the counterparty (the “agreed price”) (which for the avoidance of doubt, may be nil), and to which use of the services and materials provided in conjunction with a subscription or registration (as detailed in clauses 2 to 5) (the “services”) is subject.

1.2 Where there is a conflict between these Terms & Conditions and the TR Terms of Trading these Terms shall prevail, but only to the extent of any such conflict.

Criminal Law Week Combined

2.1. Following payment of the agreed price, Supplier agrees to supply a person on whose behalf a subscription to Criminal Law Week Combined has been taken out (who may be the same person as the person who takes out the subscription) (the “subscriber”) with:

  1. one printed copy of each weekly issue of Criminal Law Week (totalling 46 issues per subscription) to be sent to the most recent postal address it has been provided with for the subscriber;
  2. one Criminal Law Week ringbinder to be sent to the most recent postal address it has been provided with for the subscriber; and
  3. one username and password enabling access to the log-in protected area of the Criminal Law Week website (www.criminal-law.co.uk) (the “website”);
  4. one registration on a CPD course or CCC, on request, under the terms of clause 5 below.

This clause 2.1 is subject to compliance with their obligations under these terms and conditions by the counterparty, the subscriber, and, where applicable, the responsible person (see clause 6.1).

2.2. Supplier also undertakes, where it has been so requested, to email the subscriber an electronic link to each Criminal Law Week issue throughout the period of the subscription to the most recent email address it has been provided with for the subscriber.

2.3. Claims for printed copies of issues of Criminal Law Week which have not been received, or which have been received by the subscriber in a damaged state, should be notified to Supplier within ten working days of the publication date of the next Criminal Law Week issue, and Supplier will ensure that the issue is resent accordingly. Claims made after such date, and other requests for printed copies of Criminal Law Week issues, will be charged at the rate of £6.00 per issue.

Criminal Law Week Online

3.1. Following payment of the agreed price, Supplier agrees to supply a person on whose behalf a subscription to Criminal Law Week Online has been taken out (who may be the same person as the person who takes out the subscription) (the “subscriber”) with a username and password, enabling access to the log-in protected area of the website and one registration on a CPD course or CCC, on request, under the terms of clause 5 belowregis.

This clause 3.1 is subject to compliance with their obligations under these terms and conditions by the counterparty, the subscriber, and, where applicable, the responsible person (see clause 6.1).

3.2. Clause 2.2 also applies to this clause 3 as it applies in relation to clause 2.

Criminal Law Week Print

4.1. Following payment of the agreed price, Supplier agrees to supply a person on whose behalf a subscription to Criminal Law Week Print has been taken out (who may be the same person as the person who takes out the subscription) (the “subscriber”) with:

  1. one printed copy of each weekly issue of Criminal Law Week (totalling 46 issues per subscription) to be sent to the most recent postal address it has been provided with for the subscriber; and
  2. one Criminal Law Week ringbinder to be sent to the most recent postal address it has been provided with for the subscriber;
  3. one registration on a CPD course or CCC, on request, under the terms of clause 5 below.

This clause 4.1 is subject to compliance with their obligations under these terms and conditions by the counterparty, the subscriber, and, where applicable, the responsible person (see clause 6.1).

4.2. Clause 2.3 also applies to this clause 4 as it applies in relation to clause 2.

Criminal Law Week CPD Courses/CCC

5.1. Following subscription to CLW Combined, Online or Print, Supplier agrees to supply a subscriber, on request, with:

  1. a schedule of CPD/CCC papers for the course;
  2. a CPD/CCC number;
  3. online access to 15 CPD/CCC papers per CPD/CCC year;
  4. one CPD or CCC point for each CPD/CCC paper returned by the registrant using his CPD/CCC number before the end of the CPD/CCC year, containing correct answers to eight or more questions (out of a total of 12 questions);
  5. a record of the number of CPD or CCC papers completed successfully (correct answers to eight or more question out of a total of 12) by the registrant, to be sent to the most recent email address it has been provided with for the registrant at the end of the course;

and undertakes to provide the Bar Standards Board and the Law Society with any information they may request in respect of registrants.

This clause 5.1 is subject to compliance with their obligations under these terms and conditions by the counterparty, the registrant, and, where applicable, the responsible person (see clause 6.1).

5.2. Submission of answers to a CPD/CCC paper by a registrant is taken to constitute a representation by the registrant that he has personally undertaken the work required for the purposes of completing that paper.

Group subscriptions or registrations

6.1. Where the counterparty taking out one or more subscriptions and/ or one or more registrations is a company, a firm, an organisation or a group of connected individuals (e.g. a group of barristers within one set of chambers), an individual, who may or may not be a subscriber or a registrant, must be nominated to act as the “responsible person”, and this clause 6 shall apply. Any communication sent by Supplier to the responsible person will be deemed to have been received by the counterparty and each subscriber and/ or registrant. Where a responsible person has not been nominated, an individual whose name and contact details have been given to Supplier for the purposes of correspondence will be deemed to be the responsible person.

6.2. The counterparty and the responsible person are responsible for ensuring that any person having access to the log-in protected area of the website is a subscriber (otherwise than a person having access in compliance with clause 10.2 or 10.3 below), and that each subscriber, and any other employees or agents of the counterparty, or of a subscriber, or of persons having access pursuant to clause 10.2 or 10.3 below, comply with these terms and conditions. On becoming aware of any failure to comply with these terms and conditions or any unauthorised use of the services, the counterparty and the responsible person are responsible for ensuring that Supplier is notified of such failure or unauthorised use immediately.

6.3. The counterparty and the responsible person are responsible for providing Supplier with any contact details which it reasonably requests, including an operative email address, in respect of the counterparty, the responsible person and each subscriber and/ or registrant, and for notifying Supplier of any changes to these details.

6.4. It is the responsibility of the counterparty and the responsible person to ensure that Supplier is notified in writing within 10 working days of any subscriber and/ or registrant or the responsible person ceasing to belong to the counterparty, or otherwise wishing to cease to be a subscriber and/ or registrant or a responsible person, and, where appropriate, to nominate a new responsible person.

6.5. On the date of ceasing to be employed by, be a member of or belong to the counterparty or otherwise wishing to cease to be a responsible person, a person previously nominated as a responsible person (a “former responsible person”) will, subject to clause 6.6 below, and save for any breach occurring prior to such date, have no liability for any subsequent breach of these terms and conditions by any other party.

6.6. Clause 6.5, this clause 6.6 and clauses 8.1 and 8.2, 10.1 and 10.2, 15, 16, 18, 19, and 23 to 25 shall continue to apply to a former responsible person.

6.7. On the date of ceasing to be employed by, be a member of or belong to the counterparty or otherwise wishing to cease to be a subscriber and/ or registrant (a “former subscriber and/ or registrant”), a former subscriber and/ or registrant will no longer be entitled to access or use any of the services, save that a former registrant will be entitled to any CPD hours collected by him prior to such date (and a record of such hours pursuant to clause 5.1(f)) or a record of his number of successfully completed CCC or CPD papers (pursuant to clause 5.1(f)).

6.8. Save as mentioned in the proviso to clause 6.7 above, and subject to clause 13.3, Supplier will be under no further obligation to a former subscriber and/ or registrant under these terms and conditions, and will be entitled to deactivate a former subscriber’s username and password immediately on a subscriber becoming a former subscriber.

6.9. Clauses 6.7, 6.8, this clause 6.9, and clauses 8, 9, 15, 16, 18, 19, and 23 to 25 shall continue to apply to a former subscriber and/ or registrant.

Criminal Law Week Plus

7.1 Following payment of the agreed price for Criminal Law Week Plus, Supplier agrees to provide the subscribing firm (the “subscriber”) with:

  1. one printed copy of each weekly issue of Criminal Law Week (totalling 46 issues per subscription) to be sent to the most recent postal address it has been provided with for the subscriber; and
  2. one Criminal Law Week ringbinder to be sent to the most recent postal address it has been provided with for the subscriber.
  3. Online access for an agreed number of users, each of whom will be provided with a username and password, enabling access to the log-in protected area of the website; and
  4. CCC under the terms of Clause 5 above.

7.2 This clause 7.1 is subject to compliance with their obligations under these terms and conditions by the counterparty, the subscriber, and, where applicable, the responsible person (see clause 6.1).

Copyright, etc.

8.1. Excepting rights of third parties in the contents and design of any third party advertisements, logos, trademarks or other materials and excepting any parliamentary or crown copyright material reproduced with the permission of the Controller of HMSO and the Queen’s Printer for Scotland, the contents and design of the services are copyright of Supplier, and all other rights, title, interest and intellectual property rights in the services belong to Supplier.

8.2. “Criminal Law Week” is a trade name of Supplier; all rights in the trade name are reserved.

8.3. Subject to clause 9 below, the counterparty and each subscriber and/ or registrant shall ensure that the services are not used in any fashion that infringes the copyright or other proprietary interests therein, including by removing or obscuring any copyright notices or other notices contained in the services, or by reproducing or using the Criminal Law Week trade name.

Use of Criminal Law Week services

9.1. Excepting as permitted below, no part of the services provided by Supplier in connection with a subscription or registration may be used, reproduced, photocopied, modified, printed, sold, transferred, displayed, transmitted, republished, or in any other way exploited, in any form, including distribution, storage in an electronic system for retrieval, transient reproduction by means of a computer system or network, or by creating derivative works.

9.2. Permission is granted to subscribers and/ or registrants, and to any third parties agreed between Supplier and the counterparty (an “agreed third party”), to use the services (including the Offline Browser) in accordance with these terms and conditions by electronically displaying the services on a computer screen (primarily for the subscriber’s and/ or registrant’s, or any agreed third party’s exclusive use), printing or photocopying individual articles or pages from the services and retrieving and storing machine-readable copies from the services (including the caching of pages for the subscriber’s and/ or registrant’s, or any agreed third party’s, browser software which are copies of the then current pages of the website) only:

  1. in connection with and for the purpose of particular legal proceedings;
  2. in connection with and for the purpose of legal research or giving professional legal advice;
  3. for personal or academic use.

9.3. No use, reproduction, photocopying, printing, display, or storage of any part of the services is permitted by the foregoing permission for purposes outside the permission, such as printing or photocopying for general circulation.

9.4. Subject to acknowledging the source of the information by referencing “Criminal Law Week” with the title of the article or the Unique Resource Locator of the website, it is permissible to quote from individual articles or pages from the services in printed or broadcast news media, professional journals or promotional literature distributed free of charge, but this shall not extend to reproducing the whole or a substantial part of any article or page.

9.5. It is permissible to create links to the areas of the website which are not log-in protected provided that no charge is made to access such links and that Supplier is acknowledged as the source of such links. Supplier reserves the right to withdraw this permission at any time with immediate effect and accepts no obligation to maintain such links current.

Online access and usernames and passwords

10.1. Each username and password issued as part of a subscription to Criminal Law Week Combined or Criminal Law Week Online is for the subscriber's (i.e. single use) only and Supplier will not permit access through a single username and password being made available to multiple users on a network. Excepting the supply of the username and password by a responsible person to a subscriber for whom it has been created by Supplier, the subscriber and any responsible person shall not disclose the username or password to any other person under any circumstances whatsoever, and it is the responsibility of the counterparty, any responsible person and the subscriber to ensure the confidentiality of the username and password and to notify Supplier immediately on becoming aware of any unauthorised use thereof.

10.2. A subscriber may allow agreed third parties to use the log-in protected areas of the website, but only in a manner which ensures that the agreed third parties do not become aware of the subscriber’s username and password or breach these terms and conditions.

10.3. Clauses 10.1 and 10.2 are subject to specific agreement with Supplier to the contrary.

Renewal

11.1. Before the end of a subscription and/ or a registration (whether the original or subsequent renewal), Supplier will notify the counterparty in writing of the date of the expiry of the subscription and/ or registration and the price of the subscription and/ or registration for the following year (the “subscription renewal”/ “registration renewal”).Should the counterparty wish to renew, it is his responsibility, and the responsibility of any responsible person, to notify Supplier of any changes to the personal details of the counterparty, any responsible person and each subscriber and/ or registrant before taking out the subscription renewal and/ or registration renewal.  

11.2. Except in the case of Criminal Law Week Plus subscriptions, in purchasing a subscription or registration the counterparty is entering into a contract for a continuous subscription (unless the contrary is agreed at the point of placing an order).   Renewal is automatic for such subscriptions and registrations.   Should the counterparty not wish to renew Supplier must be notified in writing within 30 days of the date of the notification sent pursuant to clause 11.1 that the counterparty wishes to cancel.

Supplier accepts no responsibility for requests for cancellations delayed or lost in the post or as a result of an electronic communication failure. Late cancellation may be accepted at the discretion of Supplier.

11.3. These terms and conditions shall upon the automatic renewal pursuant to clause 11.2 apply to subscription renewals and registration renewals.

11.4  For all other renewals not covered by clause 11.2 subscriber must actively renew by one of the methods set out in the notification sent pursuant to clause 11.1 which will be subject to the then-current version of these terms and conditions.

Changes to Criminal Law Week services

12. Supplier reserves the right, in its discretion, to suspend, change, modify, add or remove the whole or any part of the services.

Termination, cancellation and transfer

13.1. Although a subscription and/ or registration may be cancelled at any time, cancellation shall not affect liability to payment in full of the agreed price and any additional charges levied under these terms and conditions, regardless of whether cancellation takes place before receipt of a VAT invoice, and no refunds will be given under any circumstances.

13.2. Supplier reserves the right to suspend or terminate a subscription and/ or registration where it becomes aware of a failure to comply with these terms and conditions. Such suspension or termination shall not affect liability to make payment in full of the agreed price and any additional charges levied under these terms and conditions, and no refunds will be given under any circumstances.

13.3. The rights of a registrant on the Criminal Law Week CPD Course/CCC for Solicitors under these terms and conditions (the “original solicitor”) may be transferred to another solicitor at the same firm (the “new solicitor”), without further charge by giving written notice to Supplier. Following such transfer, the registration of the original solicitor and his rights and obligations under these terms and conditions will be treated as terminated, save that he will be entitled to any CPD hours collected by him prior to the date of transfer (and a record of such hours pursuant to clause 5.1.(f)) or a record of his number of successfully completed CCC papers (pursuant to clause 5.1(f)) and that clauses 8, 9, this clause 13.3, and clauses 15, 16, 18, 19, and 23 to 25 shall continue to apply to him; and the new solicitor will be bound by the obligations under these terms and conditions, including any pre-existing liability for payment and any additional charges levied under these terms and conditions.

13.4. Clauses 8, 9, this clause 13 (subject to 13.3), and clauses 15, 16, 18, 19, and 23 to 25, shall survive the termination of a subscription and/ or registration, and a registrant (who qualifies as such immediately prior to such termination) shall be entitled to any CPD hours collected by him prior to termination (and a record of such hours pursuant to clause 5.1.(f)) or a record of his number of successfully completed CCC paper (pursuant to clause 5.1(f)).

Changes to these terms and conditions

14. Supplier may, in its discretion, change these terms and conditions by posting an amended set of “Criminal Law Week Terms and Conditions” on the website. Where terms and conditions are substantially changed, Supplier will, where appropriate, notify the counterparty, subscribers and/ or registrants, and any responsible person, in writing. Use of the services by a subscriber and/ or registrant, or any agreed third party, following the posting of an amended set of terms and conditions or a notification, will constitute an acceptance by the counterparty, each subscriber and/ or registrants, and any responsible person of the terms and conditions as modified.

No warranty, disclaimer of liability and indemnity etc.

15.1. Whilst every effort has been made to ensure the high quality and accuracy of the services, Supplier makes no warranty, express or implied, concerning the services, which are provided "as is". Supplier expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Supplier be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the services, even where Supplier has been advised of the possibility that such damages may arise. The services are provided for information only and are not offered as an exhaustive statement of the law. Commentary is offered as opinion, and not as professional legal advice.

15.2. Supplier is not liable for the content and design of any third party materials included in the services.

15.3. In no event will any liability of Supplier to a counterparty, a subscriber and/ or registrant, and/ or any third party, including agreed third parties, arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the services or with breach of these terms and conditions by Supplier exceed the amount, if any, paid to Supplier in respect of a subscription or registration.

15.4. Upon Criminal Law Week’s request, the counterparty must defend, indemnify and hold harmless Supplier from any claims and expenses, including reasonable legal fees, related to any breach of these terms and conditions by the counterparty, a subscriber and/ or registrant, any responsible person, any of their employees or agents, or agreed third parties.

Privacy/ Data protection

16.1. In order to provide the services, monitor site usage, respond to enquiries, and, unless otherwise requested, send (including by email) relevant marketing, advertising and promotional material on Supplier’s products and services, and in some instances third party products and services, personal information, including names, occupation, contact details and bank account details, may be collected from counterparties, subscribers and/ or registrants, responsible persons and agreed third parties, and cookies may be downloaded to their computers. Other than in so far as is necessary to carry out the services, personal information will not be disclosed to any third parties without prior written consent from the counterparty, subscriber and/ or registrant, responsible person or agreed third party, as applicable, or unless otherwise obliged or permitted by law. As a general rule Supplier will not keep information longer than is necessary and, whilst in its possession, any personal information collected will be safeguarded according to the requirements of the Data Protection Act 1998. Supplier will at all times comply with the requirements of the Data Protection Act 1998 and any other applicable data protection legislation.

16.2. Counterparties, subscribers and/ or registrants, responsible persons or agreed third parties wanting a copy of, or to correct, any of their personal information, who do not wish to receive promotional material from Supplier or who do not wish cookies to be downloaded to their computer, may write to the postal address given in clause 22.

Force majeure

17. Supplier will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of any of the services resulting directly or indirectly from any cause or circumstance beyond its reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

Severability/ Survival

18. If any provision of these terms and conditions is invalid or unenforceable, such invalidity or unenforceability will not render all the terms and conditions unenforceable or invalid but rather the terms and conditions will be read and construed as if any invalid or unenforceable provisions were not contained therein.

Non-waiver

19. No delay or omission on the part of Supplier in requiring performance of any obligations under these terms and conditions will operate as a waiver of any right.

Assignment

20. These terms and conditions are personal to the counterparty, each subscriber and/ or registrant, and any responsible person, and their rights and obligations under these terms and conditions may not be assigned, sub-licensed or otherwise transferred, subject to clause 13 .3. This agreement may be assigned to a third party by Supplier.

Third party rights

21. No third party (other than agreed third parties in accordance with these terms and conditions) shall acquire any rights under these terms and conditions and the provisions of the Contract (Rights of Third Parties) Act 1999 are excluded.

Notices and complaints

22. Notices to be given in writing to Supplier must be sent to Customer Services at trluki.cs@thomsonreuters.com.

Entire agreement

23. Save as set out in Clause 1.2 above, these terms and conditions constitute the entire agreement and understanding between the parties and supersede all previous agreements, arrangements and understandings between them.

Cumulative rights and remedies

24. The rights and remedies of the parties under these terms and conditions are cumulative and in addition to any rights and remedies provided by law.

Governing law

25. These terms and conditions shall be governed by and construed in all respects in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts as regards any claim or matter arising in relation to these terms and conditions.

v4 (21.08.15)

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