The Common Lawyer - Terms & Conditions

TERMS & CONDITIONS

By your use and/or access of this website (the “Site”) and/or the Services (as defined below), you hereby agree to be legally bound by this Agreement (as defined below). If you do not accept this Agreement, please leave the Site and discontinue use of the Services immediately.

1. AGREEMENT

1.1. You hereby represent and warrant that:

(a) You have read, agree and consent to this Agreement, including the terms of our Privacy Policy set out in this Site and as amended from time to time (the "Privacy Policy"), and which terms are incorporated into this Agreement by reference;

(b) You are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to this Agreement;

(c) You are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by this Agreement; and

(d) All of the information provided by you to The Common Lawyer (referred to herein as “TCL”, “us”, “we” or “our”) (including without limitation personal particulars and contact information) is accurate and complete. If in connection with your use of the Site and/or Services, you provide the Personal Data (as defined below) of any third parties, you further warrant and represent that these third parties have also consented to the terms of the Privacy Policy and to the collection, use and disclosure of their Personal Data in accordance with the aforesaid.

1.2. TCL reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time or to impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.

1.3. TCL may from time to time vary, replace, delete, supplement or amend this Agreement by posting the amended Agreement at the Site. Any use of the Site and/or Services after the amendment of this Agreement will be deemed to be acceptance of the amended Agreement by you.

2. DEFINITIONS

2.1. In this Agreement, the following definitions shall apply unless the context does not permit such application:

“Agreement” means the agreement formed by these terms and conditions and the Privacy Policy;

“Computer” means your computer, notebook computer, mobile phone or other electronic device used to access the Site or the Services;

“Content” means materials, information, news, advertisements, data, input, text, pictures, graphics, software, blogs, broadcasts, messages, software, comments, suggestions, ideas and other content;

“Linked Sites” is defined in Clause 7 below;

“Personal Data” means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access;

“Services” is defined in Clause 3 below;

“TCL Content” means all Content of TCL that is made available on or via the Site or the Services;

“Third Party Products” means products and services of third parties, including other users, advertised on or available at the Site or websites linked from the Site;

“Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you; and

“User Content” means all Content on the Site which is created, transmitted, posted or uploaded by a user of the Site.

2.2. The words “include” and “including” shall not be construed as having any limiting effect.

2.3. The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.

3. SITE AND SERVICES

3.1. The Site is owned and maintained by TCL.

3.2. TCL may offer one or more services in relation to and/or in connection with the matters set out below (each a “Service” and collectively the “Services”):

(a) Email updates, alerts, posts and/or any other publication on topics relating to, among other things, legal systems, cases, judgments, statutes, provisions, regulations and/or jurisprudence;

(b) Access to a collection of materials, information, news, advertisements, data, text, pictures, graphics, software, blogs, broadcasts, messages, software applications and other types of work;

(d) Any other features, content or applications that TCL may offer on or through the Site from time to time in TCL’s sole and absolute discretion.

4. CONTENT USE CONDITIONS

4.1. You may not reproduce, modify, adapt, publish, display, communicate, transmit, broadcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:

(a) Any Service;

(b) The Site;

(c) Any TCL Content except, to the extent permitted, with the prior written consent of TCL or unless expressly permitted in this Agreement; and/or

(d) Any Third Party User Content except, to the extent permitted, with the prior written consent of TCL and the owner or licensee of the specific User Content.

4.2. Without prejudice to the generality of Clause 4.1 above, you agree not to reproduce, display or otherwise provide access to the Services, TCL Content, or Third Party User Content on another website or server without the prior written permission of TCL.

4.3. You may for your personal, non-commercial use:

(a) Retrieve and display TCL Content on any compatible device owned by you; and

(b) Store such TCL Content in electronic form on disk or on a mobile device owned by you.

4.4. All TCL Content are the copyrighted work of TCL, and TCL reserves and retains all rights in the TCL Content.

4.5. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any TCL Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or TCL in writing.

5. INTELLECTUAL PROPERTY

5.1. The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, and all TCL Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with TCL.

5.2. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of TCL or other third parties, and all rights to the Marks are expressly reserved by TCL or relevant third parties. You shall not use any Marks without the prior written consent of TCL or such third party. The name of TCL or any other Marks may not be used in any way, including in any advertising or publicity, without prior written permission of TCL.

5.3. The domain name on which the Site is hosted on is the sole property of TCL and you may not use or otherwise adopt a similar name for your own use.

6. DISCLAIMERS & LIMITATIONS

6.1. While we make every effort to ensure that all TCL Content provided on the Site and/or through the Services is accurate and complete, we provide such TCL Content for informative purposes and on an ‘as is’, ‘as available’ basis only without any representation, warranty and/or responsibility of any kind, whether express or implied, in relation to any information, goods or services offered, accessed or obtained through this Site and/or the Services. Further, you acknowledge that where TCL provides summaries of legal cases or judgments, such summaries are, by their very nature, short, brief and condensed in nature. To the fullest extent permissible pursuant to applicable law, TCL disclaims all representations, warranties and/or responsibility of any kind, whether express or implied, including, but not limited to, any implied representations and/or warranties of satisfactory quality, correctness, accuracy, completeness and/or reliability of any information and/or Content, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, TCL does not warrant that the functions contained in or access to or use of the Site, Services, TCL Content or other content will be timely, secure, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services or TCL Content are free of viruses or other harmful components, or that the download, installation or use of any TCL Content in or with any Computer will not affect the functionality or performance of the Computer. TCL does not warrant or make any representations regarding the use or the results of the use of the TCL Content, the Services or the Site in terms of their correctness, accuracy, completeness, reliability, or otherwise. You agree that you (and not TCL) shall bear and assume all responsibility and risk arising out of and/or in connection with your use of the Site, Services and/or TCL Content.

6.2. The data and information made available on the Site and/or through the Services are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it.

6.3. You acknowledge that it is not TCL’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that TCL does not endorse and shall not be responsible for any such content.

6.4. You acknowledge and agree that TCL does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and TCL hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.

6.5. You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on the Site should be used, accepted and relied upon only with care and discretion and at your own risk, and TCL shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.

6.6. You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of this Agreement, contain viruses or cause you damage. While TCL may remove any such User Content brought to its notice at its sole and absolute discretion, you acknowledge and agree that TCL cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.

6.7. TCL may in its sole and absolute discretion, screen, delete and/or remove any Content made available on the Site, including where TCL receives a complaint from another user or a notice of intellectual property infringement or other direction for removal, or where in TCL’s sole and absolute opinion such Content is in breach of this Agreement, or is illegal or otherwise objectionable, or for any other reason as TCL may see fit.

6.8. You agree that:

(a) TCL shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason;

(b) Access to or the operation of the Site and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, TCL shall not be liable for any loss, liability or damage which may be incurred as a result;

(c) In no event shall TCL be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to, negligence or otherwise) caused through, in relation to and/or arising from the use of, or the inability to use, the TCL Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that TCL is liable for damages despite the foregoing provision, you agree that TCL’s aggregate liability to you for any and all causes of action in relation to the matters set out above shall not exceed the total amount of fees and charges paid and/or payable by you for the Services to TCL for the one (1) month period immediately preceding the time such liability arose;

(d) Under no circumstances, including, but not limited to, negligence, shall TCL be liable for any indirect, special, consequential, loss of profits, loss of business or incidental damages suffered by any party caused through, in relation to and/or arising from this Agreement or the use of, or the inability to use, the TCL Content, Services, Site, or any other website, even if TCL has been advised of, or should have foreseen, the possibility of such damages; and

(e) To the maximum extent permitted by applicable law, TCL disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.

6.9. You agree that the exclusions and limitations of liability set out above are reasonable and enable the Services and the TCL Content to be provided by TCL at either reasonable costs or no costs to you.

6.10. TCL makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access the Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

7. LINKED SITES

7.1. TCL may provide links to other sites (“Linked Sites”) that may be of relevance and interest to users. TCL has no control over, and is not responsible for, the content on the Linked Sites or for any damage you may incur caused through, in relation to and/or arising from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against TCL with respect to and/or in relation to the Linked Sites.

8. DATA USE & PRIVACY

8.1. Please do not submit any personal information or data without first reading our Privacy Policy.

8.2. The foregoing consents provided by you in Clause 1 above supplements, but does not supersede nor replace, any other consents you may have previously provided to TCL in respect of your Personal Data, and your consents herein are additional to any rights which TCL may have at law to collect, use or disclose your Personal Data.

8.3. The Site may provide links to Linked Sites whose data protection and privacy practices may differ from those set forth here. TCL is not responsible for the content and privacy practices of these other websites and you agree to review and abide by the data protection and privacy notices of those sites.

9. TERMINATION

9.1. You agree that TCL has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your use and/or access to all or any part of the Site or Services, without assigning any reason. Grounds for such termination may include but are not limited to: (a) a breach of any of the terms under the Agreement; (b) violation of any applicable law; (c) fraudulent, harassing, defamatory, threatening or abusive behaviour; and/or (d) behaviour that is harmful to other users, third parties, or the business interests of TCL.

10. INDEMNITY

10.1. You agree to indemnify and hold TCL and its affiliates, officers, agents, partners, and employees harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including but not limited to legal costs on a full indemnity basis), awards, losses and/or expenses, due to and/or arising out of:

(a) Any use of the Site or any Service;

(b) Your connection to the Site;

(d) Your violation of any rights of another person or entity; and/or

(e) Your breach of any statutory requirement, duty or law.

11. SEVERABILITY

11.1. If any provision of this Agreement is found to be illegal, void and/or unenforceable under any law that is applicable hereto, or if any court of competent jurisdiction in a final decision so determines, this Agreement shall continue in force save that such provision shall be deemed to be deleted.

12. RELATIONSHIP OF PARTIES

12.1. Nothing in this Agreement shall constitute or be deemed to constitute an agency, partnership or joint venture between TCL and you and neither party shall have any authority to bind the other in any way.

13. WAIVER

13.1. No waiver of any rights or remedies by TCL shall be effective unless made in writing and signed by an authorised representative of TCL.

13.2. A failure by TCL to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

14. ASSIGNMENT

14.1. You may not assign this Agreement or any of the rights or obligations under these Agreement to any party.

14.2. TCL may, by notice in writing posted on the Site, assign all of its rights and interests relating to or in connection with this Agreement, the Site and/or Services to any party without your consent.

14.3. Without prejudice and in addition to the right under Clause 14.2 above, TCL may, by notice in writing posted on the Site, transfer and/or novate all of its rights, interests, obligations and liabilities relating to or in connection with this Agreement, the Site and/or Services to any other party, and you shall not withhold your consent thereto.

15. THIRD PARTIES

15.1. Except as provided for in Clause 14 above, a person or entity who is not a party to this Agreement shall have no right to enforce any term of this Agreement.

16. GOVERNING LAW & JURISDICTION

16.1. This Agreement and all matters relating to your access to and/or or use of the Site and/or Services shall be governed by and construed in accordance with the laws of Singapore. You agree that the courts of Singapore shall have exclusive jurisdiction to hear and/or settle any disputes between you and TCL howsoever arising out of and/or in connection with this Agreement and/or your access to and/or use of the Site and/or Services.

17. CONTACT

17.1. If you have any feedback or enquiries relating to the Site, Services and/or this Agreement, you may contact us at admin@common-lawyer.com.