TERMS OF USE OF THE MLG ASSOCIATES WEBSITE
I. Introduction
These are the Terms of Use (collectively referred to as the "Terms") that apply to the use by third parties of the MLG ASSOCIATES Website (the "Website"). The expression “Website Owner” shall include MLG ASSOCIATES, its successors and assigns.
Failure to agree to be bound by these Terms shall mean that no access or use of this Website is permitted
This Introduction section and the content of Part One of the Terms will apply to each visitor (a "Visitor") who accesses or wishes to use the Website. Each Visitor agrees to remain legally bound by such Terms (as may be amended by the Website Owner from time to time) for as long as either they remain a Visitor of the Website and wish to use the Website, or unless the Website Owner or the Website earlier terminates, suspends or otherwise limits access to the Website or to any part thereof, as it may at its discretion consider appropriate.
In addition, this introduction section and the content of Part Two of these Terms will also apply to each person who wishes to register and use the enhanced facilities available on the Website to registered and logged in clients of the Website Owner (an “Authorised User”). Each Authorised User agrees to remain legally bound by such Terms (as may be amended by the Website Owner from time to time) for as long as either they remain an Authorised User of the Website and wish to use the Website, or unless the Website Owner or the Website earlier terminates, suspends or otherwise limits access to the Website or to any part thereof, as it may at its discretion consider appropriate.
These Terms will be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.
In the event that any provision in these Terms is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions shall be enforceable to the fullest extent permitted by the applicable law.
The Website Owner reserves the right to amend these Terms or any part thereof at any time and without notice, save that such Terms shall take effect once accessible on the Website.
PART ONE
1.1 Each Visitor must comply and adhere to Part One of these Terms in order to access and use the Website which contains detailed information in relation to MLG ASSOCIATES, its services, skills, resources, requirements, opportunities, opinions, news and information, types of work, case studies etc.
1.2 In relation to the posting of any content or material by a visitor or Authorised User to the Website (“Material”), or by the Website Owner on behalf of such visitor or Authorised User, the Visitor or Authorised User providing such Material shall ensure that the Material complies with the following standards:
(a) All information and activities must be legal, decent and honest (in terms of English law);
(b) Data protection legislation within English law must be adhered to in order that the collection of personal information is not traded or disclosed illegally;
(c) all applicable trading standards, laws and regulations;
(d) the Material shall not bring the Website Owner or any of its principals within its business into disrepute; nor so as to breach any regulatory rule code or other regulation by which the Website Owner or any of its principals may from time to time be bound.
1.3 Each Visitor or Authorised User is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
1.4 Each Visitor and Authorised User agrees to indemnify and keep indemnified the website Owner and any and all principals, directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from its use of and from any Material posted on this Website, including but not limited to use of the information contained on the Website, or arising from any introduction or collaboration resulting therefrom or otherwise arising from using the Website.
1.5 Each Visitor and Authorised User waives any right to bring any claim or action against the Website Owners for any loss, damage or injury arising from use of the Website or any Material from the Website or from these Terms. Any agreement made by any Visitor or Authorised User as a result of use of the Website is entirely at the risk of such Visitor or Authorised Person.
1.6 The following exclusions and limitations upon liability of the Website Owner shall apply in relation to Part One and Part Two of these terms:
(a) The Website Owner does not warrant the content, accuracy or veracity of any Material or of any other information on the Website; any information is given by way of general guidance only, and should not be used in any specific circumstance or situation without taking proper professional advice;
(b) Each Visitor and Authorised User accepts the Website "AS IS" with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement;
(c) In no event will any Website Owner be liable for any injury, loss, claim, damages or any special, incidental, consequential (which expression includes loss of profits or goodwill) , exemplary or punitive losses or damages of any kind arising out of or in connection with any Visitor’s or Authorised User’s access to, or use of the Website, any Material or any other information thereon, or any goods, materials or services available therefrom, whether based in contract, tort and whether negligent or otherwise, even if any Website Owner has been advised of the possibility of such damages. Nothing in these Terms shall exclude or limit the liability of the Website Owner for any personal injury or death caused by negligence of the Website Owner, its principals, directors officers or staff, nor any responsibility for fraudulent misrepresentation;
(d) In the event that any exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, the Website Owner’s aggregate total liability to any Visitor or Authorised User for all such damages and losses shall be limited to the sum of £5,000.
PART TWO
2.1 Each Authorised User must comply and adhere to Part Two of these Terms in order to access and use any of the enhanced facilities of the Website specific to the client in question accessible by the Authorised User by log on and password (collectively referred to as “the Client’s Space”). These will provide access to such facilities as may be provided from time to time by the Website Owner to all or some of its clients by way of case-specific services, access to relevant documents, etc.
2.2 In order to access and use the Client’s Space, all Authorised Users must beforehand accept these Terms by clicking the "I accept" button at the end of this document. Upon such acceptance, each Authorised User will be registered and given a unique logon ID for access to the Client’s Space.
2.3 Each Authorised User is solely responsible for maintaining the confidentiality of its unique logon ID, and for its use.
2.4 Where Authorised Users collaborate with one another as a result of use of this Website, they do so as independent contracting parties. Each Authorised User acknowledges that the Website Owner will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration.
2.5 For the avoidance of doubt, the attention of each Authorised User is drawn to the terms of Part One, paragraph 1.6, which applies in relation to all matters contained in Part Two, as well as in relation to Part One.