'Supplier' and 'We' and similar - David Lewis Swarbrick trading as 'lawindexpro' of 10 Halifax Road Brighouse West Yorkshire HD6 2AG England.
'Licensee' and 'You' and similar - You, the subscriber.
'the Materials' - The files, database and information together making up the lawindexpro system.
'Licence Agreement' - The acceptance of your order containing the details applicable to your contract.
Grant
We grant to You a limited, non-exclusive, non-transferable revocable license:
to access the Materials for use by the number of users licenced,
for the period stated in your Licence Agreement, and
subject to the terms contained in this licence
You may not:
use, copy, modify or transfer the materials, or any copy in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this license. If you transfer possession of any copy of the materials to another party except as specifically permitted by this agreement, your license is automatically terminated.
translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the software or database except as expressly permitted by law or by this agreement.
Term:
A contract is made when we forward to you your lawindexpro ID and password.
This licence commences from 00:00 GMT on the day after we send to you your lawindexpro ID and password.
This licence will continue until 23:59 GMT on the date given for expiration in your licence Agreement.
This licence will also terminate either:
on the happening of any event or condition with that effect set out elsewhere in this Agreement or
if you fail to comply with any term or condition of this Agreement.
You agree upon such termination to destroy or remove any copy of the Materials in your possession.
Repeating subscriptions will renew automatically unless you ask us not to renew the subscription more than ten days before it falls due.
There will be times when we are unable to process a subscription request within a day. Where a subscription is delayed, the subscription term will not commence until we have notified you of the ID and password, and have activated that ID and password.
Repeating licences
A repeating subscription has effect for a minimum three month period.
We reserve the right not to accept a renewal at our sole discretion and without giving any reason.
Annual subscriptions will renew automatically subject to advance notice of cancellation being given as described above.
Prices will be reviewed annually in January of each year. Any change in prices will be notified to subscribers before taking effect. No altered subscription fee will be taken without your consent. If you decline consent to alteration of the subscription rate, we may terminate the subscription upon expiry of the current subscription period.
After the initial three month period, a subscriber is under no obligation to renew his subscription.
Subscribers remain in control of subscription payments. It is your responsibility to cancel any repeat payments. Full details are provided to you on this when subscribing. We do not have the personal details provided by RBS Worldpay to subscribers to manage your account with RBS Worldpay.
Corporate Subscriptions
Fees are charged according to the number of admitted staff practising within the subscribing organisation at the start of the subscription period.
Admission means an admitted solicitor, barrister, legal executive or licensed conveyancer.
No increase in fees or reduction will be applied during any subscription period.
The subscriber undertakes to supply on request the number and status of all admitted staff.
Passwords
Upon registration, you will be issued with a user ID and password.
You may not share any password with, nor disclose it to, any other person (save within the subscribing organisation for multiple user licences).
We may in our absolute discretion alter and renotify passwords and IDs without prior notification or explanation.
If you suspect that your password may be being misused, you undertake to notify us immediately so that a new password can be issued.
Where a password is misused, you are financially responsible for any additional subscriptions or search fees required to support such misuse.
For group and corporate licenses, passwords will be notified to the nominated contact user who will have sole responsibility for notifying authorised licensees within the group. Upon such changes, earlier passwords will remain active for a very limited time only.
Guest Accounts
Guest acounts are issued at our entire discretion.
Guest accounts are on the same licence terms as subscriptions.
All guest accounts may be withdrawn without notice and without giving any reason.
Invoices and Payment Terms:
Invoices are provided electronically, but may be confirmed on paper on request.
We will normally require payment before a subscription is activated.
All invoices are payable in any event within 21 days of date ('the Due Date').
All invoices are payable in pounds sterling. An additional charge will be made to cover payments received in non-sterling denomination.
If your account remains outstanding beyond the Due Date, your password will be suspended without prior notice. If payment of any outstanding balance together with interest is made within the term of the licence it will be re-activated, and your subscription extended by a period equivalent to the period of suspension. The amount of the invoice (together with any interest charges) remains due and payable notwithstanding any suspension of access.
Our company is a small company within the meaning of the Late Payment regulations. Interest on late payments will be charged as provided in the Regulations.
Network/Single User Licences
All licences other than corporate licenses are for use by one named user.
Users may access the Materials from any location.
Any misuse of the system, by use to any greater extent than is authorised by the applicable licence, will be be a breach of this contract. The agreed damages payable by you will be a sum equivalent to one year's subscription for a multiple licence at the price which be applicable for an installation for the entire workplace, less any invoices both issued and paid from within that same workplace in the period of one year prior to the breach.
Multiple licences are only available for annual repeating subscriptions.
Concessionary licences are personal to the licensee for whom a concessionary claim is agreed. Concessionary licencees agree to supply appropriate evidence of their entitlement to the concession from time to time, and if such evidence is not provided on request the account may be suspended or terminated at our discretion.
Cancellation Rights
The supply of our services to you begins immediately upon our sending your ID and password by email, and full details of our service is available before you subscribe. There is no statutory right of cancellation.
Non-repeating subscriptions may be cancelled within eight days of the date on which the password is sent to your email account. Upon cancellation, we will refund any unexpired proportion of the paid subscription fee, less an administration fee of fifteen pounds. Any refund must await full payment having been cleared.
Support
Before requesting support, we ask you to read again the instructions contained in the Help/FAQ file, and introduction.
Support must be requested initially by e-mail.
No charge for support will normally be made unless:
your invoice has not been paid after its due date.
the question raised is already and satisfactorily answered in the information, particularly the Help/FAQ accompanying the Materials as available for free from the web-site.
Miscellaneous
This service is intended and designed for use by legal professionals within their legal practice and by academics and by law students. We accept no responsibility for inaccuracy of information in the Materials or referred to from the Materials, and users must not rely upon the Materials in making any decision, or taking any action. We provide summaries which necessarily will exclude points of importance.
lawindexpro is not generally effective and is not recommended for obtaining access to single cases. We do not promise that a full text judgment will be available for any particular case.
You acknowledge that before making use of the system, you have had full opportunity to inspect the demonstration areas, and that you have satisfied yourself that the service will be as you require.
Where we come to suspect that the account is being abused in any way, we may, in our discretion and with or without notice, suspend any applicable password pending resolution of any queries. If the account is terminated the unexpired balance of any subscription may be returned at our discretion.
David Lewis Swarbrick is not a practising solicitor, and lawindexpro is not part of any legal practice. No relationship of solicitor and client arises from any subscription to this service, nor from any correspondence in connection with the service. Lawindexpro is not a vehicle for the giving of legal advice.
Privacy
The data you provide on registration, your account status, and your use of the system are the only details held by us about you.
We will supply no information about you to any third party save where required by law.
We may use any data you provide to us for the purposes of managing your account, and our own useage research, marketing and accounting only.
On your request we will cease to hold any information about you, retaining only such data as is necessary to identify that you do not wish to be contacted again.
We may use cookies to record on your computer the external page from which you last instituted a search of the lawindexpro site. The cookie will expire and be deleted within a few weeks without any action on your part. Your use of the lawindexpro site is not dependent upon accepting cookies.
All communications will be via e-mail. Such communications are insecure and may be open to be read by others.
External Resources:
lawindexpro indexes resources provided by others. We provide links only to such third party materials as are made available, and on the terms and conditions and for the period in which they are made freely available.
We do not ourselves hold or supply copies of judgments.
We make no promise to continue to make available any link to any particular case report, or to any series of case reports (part or entire), and we will be under no obligation to make any refund of all or any part of any subscription paid if any external series is withdrawn, relocated or becomes temporarily unavailable. Third party services may withdraw, suspend or alter their services at any time.
External sources may from time to time move their case law. We will use reasonable endeavours to relist such cases, but this will inevitably take some time.
We make no promise that the service or any part of it will be continuously available. All computer systems are subject to interruption. We will use reasonable endeavours to maintain continuity of service.
No compensation will be payable for any interruption in the service, or any diminution in the number of cases listed, headnotes provided or links to external resources.
Third party providers present their cases in different ways. Some will require you to use third party software. It is your responsibility and at your cost if any to obtain, install and support such third party software..
lawindexpro is provided through the World Wide Web. You are responsible for the provision of and payment for telecommunication services necessary for connection to the World Wide Web. We will not issue credits or refunds against any charges or costs incurred for such telecommunication services or in contacting customer support. We have no control over such telecommunication services and that we have no liability to you for the acts or omissions of providers of telecommunication services or for faults in or failure of their apparatus.
lawindexpro is a trading name of David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG England
Tel: 0795 457 9992 or 01484 717380. email: dswarb@gmail.com or ds@lawindexpro.co.uk Copyright and Database Rights: David Swarbrick 2010. No copyright is asserted in any material subject to Crown, Parliamentary or other copyright. We give full and grateful acknowledgment to the many judges who have applied their learning, wisdom and literary skills to develop our laws, and whose words we have so freely borrowed.
