Legal Statements
Brodies LLP ("Brodies") is a limited liability partnership (incorporation no: SO300334) incorporated under the Limited Liability Partnership Act 2000 and having its registered office at 15 Atholl Crescent, Edinburgh EH3 8HA, Scotland, UK.
Contents
These are the terms and conditions (these "Terms") which apply to the use of the Site by you. The links below take you to the relevant sections on this page.
B. Terms And Conditions Of Use of the Site
C. Alumni
E. Further Information
Sections A, B, D and E apply to your use of all of the parts of the Site and all of the content available through the Site. Section C only applies to your use of the Alumni section of the Site. If and to the extent that there is any conflict between any of the provisions of section C and any of the provisions of any of the other sections of these Terms, the former will prevail.
A. Copyright, Trade Marks and Domain Names
1 Copyright
1.1 The material on the web site (the "Site") which can be accessed via the urls www.brodies.com, www.brodies.co.uk and www.brodies.eu is protected by copyright and/or database right throughout the world and is owned by Brodies.
1.2 You may read, print and download it for private use.
1.3 You may not commercialise or otherwise copy it without our permission.
2 Trade Marks
"Brodies" is a registered trademark of Brodies.
3 Domain Names
The domain names www.brodies.com, www.brodies.co.uk and www.brodies.eu are the property of Brodies.
4 Further information
For copyright, trade mark and domain name enquiries contact: Grant Campbell. Telephone: +44 (0)131 228 3777, Fax : +44 (0)131 228 3878 or email : grant.campbell@brodies.com.
B. General Terms and Conditions of Use of the Site
These are the Terms which apply to the use of the Site by you.
5 Use of Web Site on these Terms
5.1 All use of the Site is on these Terms.
5.2 If you do not agree to these Terms, you must cease use of the Site immediately.
5.3 You may print and keep a copy of these Terms. They are a legal agreement between us and you and can only be modified with our written consent. We reserve the right to change these Terms at any time at our discretion, by publishing an amended version of these Terms on the Site.
6 Accuracy of Information and Disclaimer
6.1 We do our best to ensure all information on the Site is accurate.
6.2 If you find any inaccurate information on the Site let us know and we will correct it, where we agree that it is inaccurate, as soon as practicable.
6.3 We make no representations that information on the Site is accurate and up to date or complete and accept no liability for any loss or damage caused by the inaccuracy or incompleteness of information on the Site.
6.4 Although we hope the Site will be of interest to users, we accept no liability and offer no warranties in relation to it and its content, to the fullest extent such liability can be excluded by law.
6.5 We reserve the right to modify, restrict access to or close the Site, or any part of it, at any time.
7 Restrictions on Use
7.1 The Site contains copyright material, trade names and other proprietary information, including but not limited to text, software, photos, graphics and may in future include video, music and sound. The entire contents of the Site are protected by copyright law. We, or our licensors, own copyright and/or database right in the selection, co-ordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the content, in whole or in part, except as provided in these Terms. See the copyright notice on our Site.
7.2 You may download information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the downloaded material will be permitted without our express permission and that of the copyright owner where we don't own the copyright. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice will be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
7.3 You will comply in your use of the Site with all laws applicable to you and with all reasonable instructions that we issue to you (in any form and by any means).
7.4 Where appropriate we provide hypertext links on the Site to other sites that are operated by other people. Using such a link (or otherwise navigating to any of those sites) means you are leaving our Site and we take no responsibility for, and give no warranties, guarantees or representations in respect of, any of those other sites.
8 Linking
8.1 Appropriate organisations are welcome to create a link to the Site with the following proviso:
- the link must be made to the Site home page: http://www.brodies.com/;
- the destination of the link must correctly acknowledge Brodies; and
- the co-ordinator of the Site, Kirsty Martin, should be informed by email at kirsty.martin@brodies.com.
8.2 If we request at any time that you take down any link to the Site, you agree that you will take it down immediately.
9 Our liability
9.1 The information on the Site is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making any specific decisions or taking (or refraining from taking) any action. If you wish us to give such advice, please contact the relevant contact partner.
9.2 We provide all information on the Site free of charge and we accept no liability for the information provided.
9.3 We are a distributor (and not a publisher) of content supplied by users of the Site and other third parties. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement expressed, given or made by any such third party and made available on or through the Site.
10 Legal Jurisdiction and Dispute Resolution
10.1 Scots law will apply to these Terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the Scottish courts will have exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with these Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the Scottish courts. The place of performance of the agreement made on these Terms will be Scotland.
10.2 We make no warranty or guarantee that the Site or information available on or through it complies with laws other than Scots law.
11 General
11.1 Failure by us to enforce a right does not result in waiver of such right.
11.2 If any of these Terms are held to be invalid or unenforceable by any court having authority to determine such issues, the remaining terms of this agreement will not be affected.
11.3 You may not assign or otherwise transfer your rights or obligations under this agreement, nor sub-license your rights, nor sub-contract your obligations under this agreement.
C Alumni
12 Registration and passwords
12.1 You are only permitted to access and use the Alumni section of the Site (the "Alumni section") if you are a former member of Brodies' staff who has successfully registered through the Site to be a member of our Alumni network (an "Alumni Network Member"). To be clear, Brodies is entitled to decide at its entire discretion whether or not to accept any former member of its staff as a member of the Alumni network. In the remainder of this section C "you" means an Alumni Network Member and "your" and "yours" should be interpreted accordingly.
12.2 You must provide true, accurate, up-to-date and full information in completing the registration form on the Alumni section. We reserve the right to suspend or terminate your status as an Alumni Network Member if you fail to do that or if we have reasonable grounds to suspect that you have failed to do that.
12.3 Your password for the Alumni section is strictly for your own use only. You are responsible for keeping it private and confidential. If you fail to do that, you will be responsible for use of the Alumni section by any other person using your password. If you know or suspect that an unauthorised person knows your password, you must notify us immediately by sending an email to kirsty.martin@brodies.com. We will cancel your existing password and (subject to our other rights under these Terms) issue you with a new one.
13 Your use of the Alumni section
13.1 You will comply with any specific rules or directions posted by us on the Alumni section from time to time.
13.2 You will ensure that all information, content and other materials of any nature which you send to us, upload or otherwise transmit to any person through the Alumni section ("your Content") are lawful, decent, true and accurate.
13.3 You will ensure that your Content (and/or its disclosure to us, and/or its transmission or other distribution to any other person(s)) (i) does not breach any applicable laws or otherwise breach any obligation on your part; (ii) does not infringe any third party's rights, including but not limited to privacy rights, rights to keep information confidential and intellectual property rights, whether copyright, database right, trade mark, design right, patent or otherwise, and in each case whether registered or not; (iii) is not defamatory, obscene, offensive, pornographic, discriminatory or otherwise objectionable; (iv) is not abusive, threatening or harassing; (v) is not fraudulent, misleading or false; and (vi) is free from software viruses and any other computer code, file or program designed to interrupt, damage, destroy or limit the functionality of any software, hardware or other information technology.
13.4 You will not, in or in connection with your use of the Alumni section (i) impersonate any other person, whether by providing false information as to your identity when you register as an Alumni Network Member or otherwise; (ii) transmit or otherwise distribute any advertising or promotional or equivalent or similar materials of any kind, or transmit or otherwise distribute any chain emails or equivalent correspondence; or (iii) use personal data about other Alumni Network Members, other than to the extent necessary for the purposes of using the Alumni section in accordance with these Terms.
14 Distribution of your Content to other Alumni Network Members
14.1 Where your Content consists of news, details of Alumni network events or other content intended for distribution via the Alumni section, by submitting it to us you are agreeing that (i) we are entitled (but not obliged) for no consideration to distribute your Content via the Alumni section to all other then current Alumni Network Members and to copy, adapt and amend it to the extent necessary for those purposes; and (ii) we are entitled to decide at our entire discretion whether or not to so distribute your Content.
14.2 If we distribute your Content via the Alumni section, we may at any time remove any or all of it from the Alumni section and/or block access to it by any or all Alumni Network Members, if we consider (at our entire discretion) that your Content, or any part of it, breaches any of the requirements of paragraph 13 of these Terms, and/or exposes us to the risk of any claim, demand or complaint by any person whatsoever.
15 Termination and suspension of your registration as an Alumni Network Member
15.1 Without affecting the generality of our rights under paragraph 6.5 of these Terms, we may terminate or suspend (at our entire discretion) your registration as an Alumni Network Member at any time, by sending you an email to that effect, if you have breached (or we have reason to suspect that you have breached) any of these Terms or if you have otherwise acted (or we have reason to suspect that you have acted) in or in connection with your use of the Alumni section or your membership of the Alumni network in a manner which we consider (at our entire discretion) may damage Brodies' reputation or which otherwise suggests to us (at our entire discretion) that it would not be appropriate for you to continue as an Alumni Network Member.
15.2 You may terminate your registration as an Alumni Network Member at any time, by sending an email to kirsty.martin@brodies.com.
15.3 If your registration as an Alumni Network Member is terminated or suspended by us or you under paragraph 15.1 or 15.2, we will take reasonable steps to remove your profile from the Alumni section as soon as reasonably practicable. However, we reserve the right to leave any or all of the remainder of your Content on the Alumni section without limit of time, notwithstanding such termination or suspension.
15.4 Please note also that termination or suspension of your registration as an Alumni Network Member will not, in itself, bring an end to any consent which you have given to receive marketing information from Brodies. If you wish to terminate that consent, please inform us in accordance with paragraph 18.3.1 of these Terms.
D Privacy policy
16 Online privacy practices
16.1 Your right to privacy is important to us. We are keen to strike a fair balance between your personal privacy and ensuring you obtain full value from the internet and other products and services we may be able to offer to you.
16.2 We are fully registered under the Data Protection Act 1998 and ensure we comply with all protection the Act affords to you. Further information on the Act is on the internet at www.ico.gov.uk.
17 Collection of your personal information
17.1 We may collect information about you through the Site as follows:
17.1.1 where you subscribe to receive any of our legal updates or other publications;
17.1.2 where you apply to register as a member of our Alumni network;
17.1.3 where you have successfully registered as an Alumni Network Member and you submit information to us through the Alumni section of the Site;
17.1.4 where you complete any online questionnaire on the Site or otherwise submit any comments or queries to us through the Site;
17.1.5 in the form of our web logs, which consist of information about Site traffic and usage;
17.1.6 through our use of cookies (see paragraph 20 of these Terms); and
17.1.7 where we contact you further in any manner in connection with any of the above.
17.2 This Privacy Policy describes how we will retain and use that information (your "personal information").
18 Use of your personal information
18.1 General
We will use your personal information:
- to ensure that the content of the Site is presented in an effective manner to you, through your computer;
- to analyse user activity on the Site with a view to assessing and improving content and performance; and
- to provide you with any legal updates or other publications, information or services which you have requested from us and for correspondence and other general administrative purposes in relation thereto.
18.2 Alumni
18.2.1 Where you have applied to register through the Alumni section as a member of our Alumni network, we will use your personal information to check against our records that you are eligible to become a member of our Alumni network and otherwise to process your application.
18.2.2 Where you are an Alumni Network Member:
18.2.2.1 we will display your name and title, your current occupation, the name of your current employer, you "member since" status and your photograph (if you have provided us with one) on the Alumni section, so that that information can be viewed by any other Alumni Network Member anywhere in the world;
18.2.2.2 we will use your personal information in accordance with paragraph 14 of these Terms; and
18.2.2.3 we will use your personal information to send you Alumni news and events updates, if and for so long as you have indicated (by ticking the relevant box on the Alumni section and leaving it ticked) that you wish to receive such updates.
18.3 Marketing materials about Brodies
18.3.1 Alumni: Where you are an Alumni Network Member (or have applied to become one), we will use your personal information to send you marketing information about Brodies' services and events by email, only if and for so long as you have indicated (by ticking the relevant box on the Alumni section and leaving it ticked) that you wish to receive such information. You can "untick" that box at any time after you tick it, by going to the Edit Profile page on the Alumni section. You can also tell us at any time that you no longer wish to receive marketing information from Brodies by sending an email to kirsty.martin@brodies.com.
18.3.2 Others: In all other cases, we will use your personal information to send you marketing information about Brodies' services and events which we believe may be of interest to you, by post and/or by email, unless you have told us that you do not wish to receive such information from us, by sending an email to kirsty.martin@brodies.com.
18.4 Disclosure of your personal information
We may pass your personal information to any or all of the following parties:
18.4.1 any contractor appointed by us to process that information on our behalf, including (but not limited to) any such contractor to which we have outsourced the operation of any part of our business or business infrastructure or which we have appointed to provide services to support any part of our business or its infrastructure;
18.4.2 other Alumni Network Members in accordance with paragraph 18.2 of these Terms (if applicable);
18.4.3 any prospective and/or actual buyer of any or all of the business and/or assets of Brodies;
18.4.4 any third party to which we are legally obliged to disclose your personal information, including but not limited to the police or any court of competent jurisdiction; and
18.4.5 our professional advisers for the purposes of taking advice about our rights and obligations.
19 Retention and disposal of your personal information
19.1 We will retain your personal information for so long as we reasonably require it in light of the purpose(s) for which we are holding it and all relevant legal, commercial and operational considerations.
19.2 You understand that removal of any personal information from the Alumni section in accordance with paragraph 15.3 of these Terms will not affect our continued retention of any of that information in accordance with paragraph 19.1.
20 Cookies
20.1 Brodies uses a service called Google Analytics, provided by Google, Inc., to allow us to establish, understand and analyse user activity on the Site. Google Analytics uses cookies, text files which are stored by your internet browser on the hard drive of your computer and which collect information about your use of the Site, including your IP address, in an anonymised form. That information is transmitted to and stored by Google, Inc., on servers in the United States of America. Google uses that information to produce statistical reports for Brodies in relation to user activity on the Site (showing, for example, traffic on and length of visits to certain pages, files downloaded, geographical provenance of visitors (by reference to country level domain), numbers of new and returning visitors, page errors, etc.).
20.2 Brodies will only use the statistical information provided to us as part of the Google Analytics service in this manner and for this purpose. In particular, Brodies will not seek to associate any information derived from Google Analytics with any other information in its possession, in order to identify you (and thereby to establish your use of the Site), whether by seeking to link your IP address with you, or otherwise.
20.3 With most internet browsers, you can erase cookies, block them or receive a warning before they are stored on your computer's hard drive. Please refer to your internet browser instructions or search for "cookies" in your browser's Help function to find out how to do these things.
20.4 More information about cookies, and how to set your browser to manage them (including a step by step guide to deleting cookies if you are using Microsoft Windows Explorer), is available at www.aboutcookies.org.
21 Security
We follow strict security procedures in the storage and disclosure of personal information in order to ensure compliance with all applicable legal requirements, including by taking all reasonable steps to prevent unauthorised access to your personal information. Please be aware though that communications over the internet are not secure unless they are encrypted, and we do not accept responsibility for any unauthorised access to or loss of personal information due to circumstances beyond our control.
22 Updating and other correction of personal information
22.1 If you become aware that any of the information which we hold about you is out of date or otherwise inaccurate, except where that information relates to you as an Alumni Network Member (for more on which, see below) please inform us by sending an email to kirsty.martin@brodies.com.
22.2 If you are an Alumni Network Member, please use the "Edit Profile" page on the Alumni section to update or otherwise correct any of the personal information forming part of your member profile. If you have any problems with that or you wish to alter any personal information which we hold about you which does not appear as part of your member profile, please email us at kirsty.martin@brodies.com.
22.3 In either case we will update or otherwise correct your personal information or otherwise deal with your query (as appropriate) as soon as reasonably practicable.
23 Other sites
This Privacy Policy only covers the Site. Other web sites mentioned on the Site, whether by way of hypertext link or otherwise, are not covered by this Privacy Policy.
E Further Information
24 Information and contact details
24.1 For further information from us on any of these Terms or for any queries on them, please contact Grant Campbell, Telephone: +44 (0)131 228 3777; Facsimile +44 (0)131 228 3878; or e-mail: grant.campbell@brodies.com.
24.2 You may inspect a list of all members of Brodies LLP at 15 Atholl Crescent, Edinburgh EH3 8HA, Scotland, UK. We are regulated by the Law Society of Scotland (www.lawscot.org.uk).
© copyright Brodies LLP 2010