Courtsdesk News – Terms of Service

Definitions

1. In this Agreement unless the context requires otherwise:

   1. "Courtsdesk" means Eaglegal Limited, trading as "Courtsdesk", a company registered in Ireland under company number IE532952 and with its registered office at Dogpatch, Unit 1 CHQ Building, Custom House Quay, Dublin 1, D01 Y6H7 and VAT number 3206024PH;
   2. "Courtsdesk News Service" means the searchable UK and Ireland legal news and intelligence platform, and associated tracking and monitoring tools, that Courtsdesk makes available to Subscribers as a service;
   3. "Data Protection Legislation" means, to the extent applicable to the Subscriber's use of the Courtsdesk News Service, all applicable data protection and privacy laws and regulations including, where applicable, the General Data Protection Regulation ("GDPR"), the GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018 ("UK GDPR") and the e-Privacy Directive (Directive 2002/58/EC);
   4. "Licensed User(s)" means the Subscriber's designated end user(s) of the Courtsdesk News Service. Each Licensed User is a natural person and must be an employee of the Subscriber and for whom the related Subscription Fees have been paid by the Subscriber;
   5. "Period" has the meaning given to it in respect of a Trial in the Subscription Agreement;
   6. "Subscriber" or "you" means you, the person, company, organisation, institution, media brand, or other corporate body subscribing to the Courtsdesk News Service as at the date of the Subscription Agreement;
   7. "Subscription" means a subscription purchased by you pursuant to clause 2 which entitles you to access and use the Courtsdesk News Service in accordance with this Agreement;
   8. "Subscription Agreement" means the subscription order form signed (whether electronically or otherwise) by the parties, and which, amongst other things, identifies the Subscriber and sets out the Subscription Fee;
   9. "Subscription Fee" means the subscription fees payable by you in respect of each Subscription Period;
   10. "Subscription Period" means the period of time during which you are entitled to access the Courtsdesk News Service having paid the relevant Subscription Fees;
   11. "Term" has the meaning given to it in the Subscription Agreement;
   12. "Trial" means a trial of the Courtsdesk News Service for a limited period of time, as agreed between the parties in the Subscription Agreement; and
   13. "Virus" means any thing or device (including any software, code, file or program) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices.

1. The Courtsdesk News Service

   1. The Courtsdesk News Service is an information resource which enables Subscribers to inter alia conduct searches on the Courtsdesk News website, including information on court listings, court registers, and court cases.

2. Subscriptions

   1. Trial. If the parties have agreed to a Trial (and associated administration fee) in the Subscription Agreement, this Agreement will commence on the Trial commencement date set out in the Subscription Agreement, and will continue (subject to earlier termination in accordance with this Agreement) for the Period of the Trial set out in the Subscription Agreement.
   2. Annual Licence. If the parties have agreed to an annual licence (and associated Subscription Fee) in the Subscription Agreement, this Agreement will commence on the commencement date set out in the Subscription Agreement, and will continue (subject to earlier termination in accordance with this Agreement) for the Term.
   3. In order to access the Courtsdesk News Service the Subscriber must purchase and have in place a Subscription for each intended Licensed User. Subscriptions may be purchased by contacting sales@courtsdesk.com. Subscriptions operate on an automatically recurring basis, such that, subject to clause 2.g, on the expiry of each Subscription Period a new Subscription Period will automatically commence of the same length. Courtsdesk may increase the Subscription Fee no more than once per annum, such increase to take effect from the commencement of the next Subscription Period.
   4. Subject to the Subscriber's compliance with the terms and conditions of this Agreement, Courtsdesk grants to the Subscriber a non-exclusive and non-transferable license to permit its designated Licensed User(s) to use the Courtsdesk News Service during the Subscription Period(s) in accordance with this Agreement solely for the following purposes: (i) for the business or educational purposes of the Subscriber, and (ii) to publish stories based on the content provided by the Courtsdesk News Service in the Subscriber's newspapers and on their news websites.
   5. Subscription Fees shall be payable in advance immediately on the commencement of your Subscription, and thereafter on the renewal of each Subscription Period until you cancel your Subscription in accordance with clause 2.g or this Agreement is otherwise terminated in accordance with clause 5.b or clause 6. If your Subscription is paid by credit card you shall provide Courtsdesk with valid, up-to-date and complete credit card details and you hereby authorise Courtsdesk to bill such credit card for the Subscription Fees. If payment of a Subscription Fee is delayed, Courtsdesk may suspend provision of the Courtsdesk News Service, and charge interest at the rate of 0.075% on the overdue amount for each calendar day of delay. The subscriber will reimburse to Courtsdesk all additional expenses incurred by Courtsdesk in relation to the collection of any amounts not paid by the due date of payment by the Subscriber.

   6. All amounts and fees stated or referred to in this Agreement:

      1. are non-refundable; and
      2. are exclusive of value added tax, or any other applicable sales tax.
   7. Either party may cancel your Subscription at any time on giving ninety (90) days' notice in advance. In the case of cancellation by the Subscriber, the Subscriber can give notice by contacting Courtsdesk customer services at info@courtsdesk.com. You will be entitled to use the Courtsdesk News Service for the remainder of the then current Subscription Period and will not thereafter be charged any further Subscription Fees. Where you cancel your Subscription you shall not be entitled to a refund of any Subscription Fees already paid under any circumstances.

   8. The licence granted to the Subscriber is subject to the following terms and conditions:

      1. Licensed Users are designated by the Subscriber either at the time of purchasing a Subscription or thereafter, however access may be reassigned from time to time to new Licensed Users who are replacing former Licensed Users - please contact Courtsdesk support to amend Subscriber details for the relevant Licensed User;
      2. each Licensed User will have a unique username and password combination with which to access the Courtsdesk News Service and shall not share these details with any third party;
      3. the Subscriber shall ensure that the Courtsdesk News Service is used in accordance with the terms of this Agreement and to prevent unauthorised access to the Courtsdesk News Service by any party who is not a Licensed User; and
      4. the Subscriber shall ensure that its Licensed Users comply with the terms and conditions of this Agreement.

3. Warranties

   1. You warrant and represent that:

      1. you are a bona fide member of the press;
      2. if the Subscriber is a business, your authorised Licensed Users are your employees;
      3. you will, and will ensure that all Licensed Users do, use the Courtsdesk News Service for journalistic purposes (as defined by the EU General Data Protection Regulation 2016/679 (GDPR)) and guidance issued by the UK Information Commissioner's Office from time to time only;
      4. you will not use, and will ensure that the Licensed Users do not use, the Courtsdesk News Service in any way that breaches any applicable local, national or international law or regulation or that causes damage or injury to any person or property;
      5. you will not, and will ensure that the Licensed Users do not, deliberately or negligently, introduce any Virus into the Courtsdesk website or Courtsdesk News Service, or use the Courtsdesk News Service to access, store, transmit or distribute any harmful or malicious material;
      6. you will not, and will ensure that the Licensed Users do not, use any automated system, including "robots", "spiders" or "offline readers" to access the Courtsdesk News Service in a manner that sends more request messages to the Courtsdesk News Service than a human can reasonably produce in the same period of time by using a conventional online web browser or the functionalities of the Courtsdesk News Service, or attack the Courtsdesk News Service via a denial-of-service attack, or otherwise deny or degrade the Courtsdesk News Service to other users;
      7. you will implement appropriate security measures to protect, and maintain the confidentiality of, your login details for your access to the Courtsdesk News Service, including not sharing (and ensuring your authorised Licensed Users do not share) login details and ensuring that you and your authorised Licensed Users log out of the Courtsdesk News Service after use;
      8. you have full power and authority to enter into this Agreement and to comply with the provisions of, and perform all of your obligations and exercise all of your rights under, this Agreement;
      9. you will comply, and will ensure that all Licensed Users comply, with all applicable laws in respect of your or their use of the Courtsdesk News Service (including any orders, regulations or restrictions imposed by the English courts) and in the exercise of your rights and the performance of your obligations under this Agreement; and
      10. you will ensure that you immediately end any Licensed User's right to access and use the Courtsdesk News Service if the Licensed User ceases to be an employee of the Subscriber.

4. Indemnity

   1. You shall defend, indemnify and hold harmless Courtsdesk, its officers, directors and employees from and against all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your, and your Licensed Users', use of the Courtsdesk News Service to the extent that such claims, actions, proceedings, losses, damages, expenses and costs are due to any act, omission or default on the part of the Subscriber or any Licensed User or arising from the Subscriber's direction or instructions, or any breach by the Subscriber of any of the terms or conditions set out in this Agreement.

5. Suspension of Courtsdesk News Service

   1. Courtsdesk reserves the right to temporarily suspend your access to and use of the Courtsdesk News Service without notice:

      1. during planned downtime for upgrades and maintenance to the Courtsdesk News Service;
      2. during any unavailability caused by circumstances beyond Courtsdesk's reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Courtsdesk's reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks; or
      3. if you are, or Courtsdesk suspects or detects that you may be, in breach of any of the provisions of clause 3.
   2. Without prejudice to the rights set out in clause 6.a below, Courtsdesk reserves the right to modify, suspend or terminate your rights to access and use the Courtsdesk News Service if it believes that you have breached any of the terms of this Agreement.
   3. Furthermore, no system has unlimited resources, and Subscribers and Licensed Users are expected to act responsibly when using the Courtsdesk News Service. If a Subscriber or Licensed User's use of the Courtsdesk News Service is judged by Courtsdesk to be excessive or unreasonable, Courtsdesk may suspend their access at any time without prior notice, regardless of their particular Subscription.

6. Termination

   1. Courtsdesk may terminate this Agreement immediately on giving written notice in the following circumstances:

      1. you are in breach of your obligations under this Agreement, and you have not remedied the breach, if remediable, within thirty (30) days after receiving written notice requiring you to remedy the breach;
      2. a petition is presented or an order is made or a resolution is passed for your winding-up or any action is taken by your officers or any other person for your winding-up, dissolution or striking off;
      3. you become insolvent or are unable to pay your debts as they fall due or you stop or threaten to stop making payments generally or declare or threaten to declare a moratorium with respect to all or any part of your debts or you enter into any composition or other arrangement with your creditors generally;
      4. any action is taken by any person to appoint a receiver, administrator, examiner, trustee, or similar officer over you or any of your property or assets or any such receiver, administrator, examiner, trustee, or similar officer is appointed;
      5. anything analogous to any of the foregoing events under sub-clauses (ii) to (iv) occurs in any applicable jurisdiction; or
      6. in the event that the HM Courts & Tribunals Service is unwilling or unable to provide data to Courtsdesk, or to allow Courtsdesk to make data available to any Subscriber on a commercial basis.
   2. Each party's further rights and obligations cease immediately on termination of this Agreement, but termination does not affect a party's accrued rights and obligations (including any right to be indemnified under this Agreement) at the date of termination.

7. Use of the Courtsdesk News Service

   1. The Subscriber and Licensed Users may view on screen the results of bona fide searches carried out using the Courtsdesk News Service. Reasonable quantities of extracts (in the context of the business or operations of the Subscriber) may also be printed from the Courtsdesk News Service or saved to local devices temporarily (including eBook readers) solely for use by the Subscriber and Licensed Users in accordance with this Agreement, to the extent permitted by applicable law and provided the source and ownership of the copyright in the results are clearly acknowledged.
   2. The Subscriber acknowledges that third parties may have a proprietary interest in parts of the Courtsdesk News Service and the Subscriber agrees not to remove, conceal or obliterate any copyright or other proprietary notices included in the Courtsdesk News Service.
   3. Except as permitted by law or by this Agreement, the Subscriber shall not itself, nor allow any Licensed User or third party to, duplicate or otherwise reproduce the Courtsdesk News Service or any part of it, including any of its databases, or permit any person other than Licensed Users to have access to the Courtsdesk News Service.
   4. Except to the extent permitted by law, the Subscriber shall not itself, nor allow any Licensed User or third party to, modify, reverse assemble, decompile or reverse engineer the Courtsdesk News Service or any part thereof or merge it with any other software or database or printed publication or create any derivative work from it.
   5. The Subscriber shall not itself, nor allow any Licensed User or third party to, use any automated system or software to extract any data from the Courtsdesk News Service for commercial purposes.

8. Resale of Courtsdesk News Service

   1. Save as expressly set out in this Agreement, the Subscriber or Licensed User shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Courtsdesk News Service available to any third party.

9. Intellectual Property

   1. You acknowledge and agree that Courtsdesk and/or its licensors own all intellectual property rights in the Courtsdesk News Service (including all data and databases in the Courtsdesk News Service). Except as expressly stated herein, this Agreement does not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Courtsdesk News Service.
   2. You acknowledge that you are only permitted to use any material made available as part of the Courtsdesk News Service as permitted by this Agreement and you further agree not to copy, reproduce, transmit, distribute or create derivative works of such material without our prior written authorisation.

10. Third Party Sites

    1. The Courtsdesk News Service may contain links to, or call on the servers of, websites, data or services operated by third parties, or websites from which these services are referred to or accessed by hypertext link (each a "Third Party Site"). Such links are provided for your convenience only. Courtsdesk has no control over Third Party Sites and Courtsdesk is not responsible for their availability or content. The inclusion on the Courtsdesk News Service of links to such Third Party Sites does not imply any endorsement of the material on such websites or any association with their operators. Access to and use of Third Party Sites, including information, content, material, products and services on such websites or available through such websites, is solely at the Subscriber's risk.

11. Protecting your password

    1. It is up to each Subscriber to protect their username and password (including those of their Licensed Users). You agree that Courtsdesk takes no responsibility for fraudulent use of any Subscriber or Licensed User's account whereby the username and password has been used to access the account.
    2. If you believe that your or any Licensed User's username and password has been compromised and/or is being used by another person, we recommend that you change your username and password immediately or contact us via email at info@courtsdesk.com.

12. Limitation of Liability and Disclaimer

    1. You hereby acknowledge and agree that the Courtsdesk News Service is made available for use 'as is' and 'as available', with no warranties of any kind whatsoever and that, without prejudice to the generality of the foregoing, Courtsdesk makes no warranty regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance of the Courtsdesk News Service or the contents (including any data and databases) thereof.
    2. All use by you of the Courtsdesk News Service and the information presented by such service is at your own risk. You assume complete responsibility for, and for all risk of loss resulting from, your downloading and/or using of, or referring to or relying on, any materials, or any other information obtained from your use of the Courtsdesk News Service.
    3. Courtsdesk makes no representations, warranties or undertakings about any of the materials presented by the Courtsdesk News Service (including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for any particular purpose).
    4. You acknowledge and agree that we may temporarily suspend access to the Courtsdesk News Service for any reason without notice, including but not limited to where there is a breakdown, error, defect or malfunction of any part of the Courtsdesk website.
    5. Except as expressly set out in this Agreement, all representations, warranties, terms and conditions whether express or implied in relation to the Courtsdesk News Service or the information presented therein are hereby excluded to the fullest extent permitted by law.
    6. Subject to clause 12.h, Courtsdesk's liability for any claim whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any loss or damage, arising out of or in connection with this Agreement or otherwise shall in no case exceed £100 in connection with any event or series of connected events.
    7. In no event shall Courtsdesk be liable, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for the following types of losses: (i) any special, incidental, indirect or consequential damage or loss, costs or expenses; (ii) loss of profit, goodwill, business, business opportunity, revenue, turnover or reputation; (iii) loss of anticipated saving or wasted expenditure; (iv) loss of or damage to data, in each case arising under or in connection with this Agreement.
    8. Nothing in this Agreement excludes or limits Courtsdesk's liability for death or personal injury caused by Courtsdesk's negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.

13. Variations

    1. Courtsdesk may amend these Terms of Service from time to time. Every time the Subscriber uses the Courtsdesk News Service, the Subscriber acknowledges that it is responsible for checking these Terms of Service to ensure it understands the Terms of Service that apply at any time. Any changes to these Terms of Service in the future will be posted on this page and, where appropriate, notified to the Subscriber by e-mail.
    2. If, as a result of either the: (i) acquisition of outlets and media brands; or (ii) creation of new outlets or media brands, you wish to include institutions, media brands or corporate bodies as recipients of the Courtsdesk News Service (in addition to those that receive the Courtsdesk News Service as at the date of the Subscription Agreement), you must notify Courtsdesk of such new institutions, bodies and corporate brands and such parties shall become recipients of the Courtsdesk News Service under this Agreement only upon payment of agreed additional Subscription Fees.

14. Confidentiality

    1. Each party shall hold the confidential information of the other party in confidence and, unless otherwise required by law, shall not make the other party's confidential information available for use for any purpose other than as needed to perform the terms of this Agreement.
    2. Each party shall take reasonable steps to ensure that the other party's confidential information to which it has access is not disclosed or distributed by its Licensed Users in violation of the terms of this Agreement.
    3. The following information shall not be deemed to be confidential information: (i) information that is or becomes publicly known other than through any act or omission of the receiving party; (ii) information that was in the other party's lawful possession before the disclosure; (iii) information that is lawfully disclosed to the receiving party by a third party without restriction on disclosure; (iv) information that is independently developed by the receiving party, which independent development can be shown by written evidence.
    4. If the receiving party is required to disclose the other party's confidential information by law, by any court of competent jurisdiction, or by any regulatory or administrative body, the receiving party shall first, to the extent permitted by law, give the disclosing party as much notice of this disclosure as possible.

15. Data Protection

    1. Unless otherwise set out below, each capitalised term in this clause shall have the meaning set out in the Agreement and the following capitalised terms used in this clause shall be defined as follows:

       • "Subscriber Personal Data" means the personal data processed by Courtsdesk in respect of which the Subscriber is Controller, as detailed in the Data Processing Appendix.
       • "European Economic Area" or "EEA" means the Member States of the European Union together with Iceland, Norway, and Liechtenstein.
       • "Security Incident" means any accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, any Subscriber Personal Data.
       • "Subprocessor" means any Processor engaged by Courtsdesk who agrees to receive from Courtsdesk Subscriber Personal Data.
    2. In this clause, the terms "personal data", "Controller", "Processor", "Processing", "Data Subject", "Process" and "Supervisory Authority" shall have the same meaning as set out in the Data Protection Legislation.
    3. The Data Processing Appendix to this Agreement sets out the scope, nature and purpose of processing by Courtsdesk, the duration of the processing and the types of Personal Data and categories of Data Subject.
    4. Courtsdesk will only Process Subscriber Personal Data in accordance with the Agreement, to the extent necessary to provide the Services to the Subscriber; and the Subscriber's written instructions, unless Processing is required by applicable law to which Courtsdesk is subject, in which case Courtsdesk shall, to the extent permitted by applicable law, inform the Subscriber of that legal requirement before Processing that Subscriber Personal Data.
    5. The Subscriber shall provide all applicable notices to Data Subjects required under Data Protection Legislation for the lawful Processing of Subscriber Personal Data by Courtsdesk in accordance with the Agreement.
    6. The Subscriber will obtain any consents required under Data Protection Legislation for the lawful Processing of Subscriber Personal Data by Courtsdesk in accordance with the Agreement.
    7. The Subscriber agrees that Courtsdesk may use Subprocessors to Process Subscriber Personal Data from time to time, provided it enters into a written agreement with the Subprocessor which imposes the same obligations on the Subprocessor with regard to their Processing of Subscriber Personal Data as are imposed on Courtsdesk under this clause.
    8. Courtsdesk shall provide the Subscriber with 30 days' notice of any proposed changes to the Subprocessors it uses to Process Subscriber Personal Data (including any addition or replacement of any Subprocessors).

    9. Courtsdesk shall not transfer the Subscriber Personal Data to a recipient in a country or territory outside the UK or EEA unless:

       1. the recipient, or the country or territory in which it Processes or accesses the Subscriber Personal Data, ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the Processing of Subscriber Personal Data as determined by the European Commission; or
       2. the transfer is based on the Standard Contractual Clauses (processors) approved by European Commission Decision (EU) 2021/914, or any subsequent version thereof released by the European Commission (which will automatically apply), or (where relevant) another legally recognised transfer method.
    10. Courtsdesk shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
    11. The Subscriber may, upon reasonable notice and at reasonable times, audit (either by itself or using independent third party auditors) Courtsdesk's compliance with the security measures set out in this clause. Courtsdesk shall assist with, and contribute to any audits conducted in accordance with this clause (k), provided that such audits are not carried out more than once a year.
    12. Upon the Subscriber's request, Courtsdesk shall make available all information reasonably necessary to demonstrate compliance with this clause.
    13. Where required under Article 28(3)(h) of the GDPR, Courtsdesk shall immediately notify the Subscriber in the event that Courtsdesk believes the Subscriber's instructions conflict with the requirements of the GDPR or other EU or Member State laws.
    14. If Courtsdesk becomes aware of a Security Incident, Courtsdesk will (a) notify the Subscriber of the Security Incident promptly, (b) investigate the Security Incident and provide such reasonable assistance to the Subscriber (and any law enforcement or regulatory official) as required to investigate the Security Incident, and (c) take steps to remedy any non-compliance with this clause.
    15. Courtsdesk shall ensure that any employees or other personnel that have access to the Subscriber Personal Data have agreed in writing to protect the confidentiality and security of the Subscriber Personal Data and do not Process such Subscriber Personal Data other than in accordance with this clause.
    16. Save as required (or where prohibited) under applicable law, Courtsdesk shall notify the Subscriber of any request received by Courtsdesk from a Data Subject, whether directly or through a Subprocessor, in respect of their personal data included in the Subscriber Personal Data, and shall not respond to the Data Subject.
    17. Courtsdesk shall provide the Subscriber with the ability to correct, delete, block, access or copy the Subscriber Personal Data in accordance with the functionality of the Services.
    18. Courtsdesk shall notify the Subscriber of any request for the disclosure of Subscriber Personal Data by a governmental or regulatory body or law enforcement authority (including any data protection supervisory authority) unless otherwise prohibited by law or a legally binding order of such body or agency.

    19. Subject to paragraphs (i) and (ii) below, Courtsdesk shall, within fourteen (14) days of the date of termination of the Agreement:

        1. if requested to do so by the Subscriber, return a complete copy of all Subscriber Personal Data by secure file transfer in such a format as notified by Subscriber to Courtsdesk; and
        2. delete and use all reasonable efforts to procure the deletion of all other copies of Subscriber Personal Data Processed by Courtsdesk or any Subprocessors.
    20. Courtsdesk and its Subprocessors may retain Subscriber Personal Data to the extent required by applicable law, or as Courtsdesk may deem necessary to prosecute or defend any legal claim, provided that such Subscriber Personal Data is retained only to the extent and for such period as required by applicable laws or pending resolution of any issue, and always provided that Courtsdesk shall ensure the confidentiality of all such Subscriber Personal Data.

16. General

    1. A failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by law shall preclude or restrict the further exercise of that or any other right or remedy.

    2. If at any time any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair:

       1. the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement (including the remainder of a provision, where part thereof has become illegal, invalid or unenforceable); or
       2. the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.
    3. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
    4. This Agreement, and any documents referred to in it, completed and submitted by the Subscriber at the time of purchasing a Subscription, constitute the whole agreement between the parties and supersede any previous drafts, arrangements, understandings or agreements between them relating to the subject matter they cover and may not be modified except by an instrument in writing signed by the duly authorised representatives of both parties. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on and shall have no remedies in respect of, any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.
    5. Other than as expressly stated in this Agreement, a person who is not a party to the Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
    6. You may not assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this Agreement without the prior written consent of Courtsdesk. Courtsdesk may assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
    7. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any claims or disputes (including non-contractual claims or disputes) arising out of or in connection with this Agreement or its subject matter or formation.

Data Processing Appendix

1. PROCESSING BY COURTSDESK

   • SCOPE: As detailed in the terms of this Agreement.
   • NATURE: As detailed in the terms of this Agreement.
   • PURPOSE OF PROCESSING: In order to provide the Courtsdesk News Service to the Subscriber as envisaged by this Agreement.
   • DURATION OF THE PROCESSING: For the duration of the Agreement.

2. TYPES OF PERSONAL DATA

   Names, email addresses and other business contact information relating to Licensed Users.

3. CATEGORIES OF DATA SUBJECT

   Licensed Users.

Contact Us

To contact us, please email help@courtsdesk.com.

Last updated: September 2021