Terms and Conditions of Service
These are the terms and conditions that govern all use of the Courtsdesk Service.
In this Agreement unless the context requires otherwise:
- means the provision of the Courtsdesk Service to Subscribers;
- means you, the person, company, organisation, institution or other corporate body currently subscribing to the service, including entities relating to the subscribing corporate body;
- means a subscription purchased by you pursuant to clause 3 which entitles you to access and use the Services in accordance with this Agreement;
- “Subscription Fee”
- means the subscription fees payable by you in respect of each Subscription Period;
- “Subscription Period”
- means the period of time during which you are entitled to access the Services having paid the relevant Subscription Fees;
- “Licensed User(s)”
- means the Subscriber's designated end user(s) of the Service and, in the case where the Subscriber is a natural person, the Subscriber. Each Licensed User is a natural person and may be an employee, partner in the firm, student, member, or other user entitled to bona fide access to the Service for reasons linked to the activities of the Subscriber and for whom the related subscription fees have been paid by the Subscriber;
- 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;
- 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.
- In this Agreement unless the context requires otherwise:
- The Courtsdesk Service is an information resource which enables Subscribers to inter alia conduct searches and purchase information and documents available on the Courtsdesk website, including information on court proceedings, judgments, companies, directors and related news reports.
- In order to access the Service the Subscriber must purchase a Subscription for each intended Licensed User. Subscriptions may be purchased by contacting email@example.com. Subscriptions operate on a recurring basis, such that, subject to clause 3.5, on the expiry of each Subscription Period a new Subscription Period will commence of the same length and at the current Subscription Fee for that Subscription Period.
- 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 it's designated Licensed User(s) to use the Service in accordance with this License only for the internal business or educational purposes of the Subscriber;
- 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 3.5. 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.
All amounts and fees stated or referred to in this Agreement:
- are non–refundable; and
- are exclusive of value added tax, or any other applicable sales tax.
- You may cancel your Subscription at any time by contacting Courtsdesk customer services at firstname.lastname@example.org. You will be entitled to use the Services 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.
The license granted to the Subscriber is subject to the following terms and conditions:
- 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;
- Each Licensed User will have a unique username and password combination with which to access the service and shall not share these details with any third party;
- Subscribers shall take all reasonable steps to ensure that the Service is used in accordance with the terms of this agreement and to prevent unauthorised access to the Service by any party who is not a Licensed User;
- Subscribers shall use all reasonable endeavours to ensure that their Licensed Users comply with the terms and conditions of this agreement.
You warrant and represent that:
- you will not use the Service in any way that breaches any applicable local, national or international law or regulation;
- you will not deliberately or negligently introduce any Virus into the Courtsdesk website or Service;
- 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; and
- you will comply with all applicable laws in respect of the exercise of your rights and the performance of your obligations under this Agreement.
- You warrant and represent that:
- 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 use of the Services to the extent only 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 arising from its direction or instructions, or any breach by the Subscriber of any of the terms or conditions set out in this document.
Suspension of Services
Courtsdesk reserves the right to temporarily suspend your access to and use of the Service without notice:
- during planned downtime for upgrades and maintenance to the Service;
- 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;
- if Courtsdesk suspects or detects any Virus connected to your use of the Service; or
- in circumstances where a Subscriber or Licensed User denies or degrades the service to other users, for example by generating unusually high numbers of database accesses, whether generated manually or in an automated fashion.
- Without prejudice to the rights set out in clause 7.1 below, Courtsdesk reserves the right to modify, suspend or terminate your rights to access and use the Service if it believes that you have breached the terms of this Agreement.
- Furthermore, no system has unlimited resources, and Subscribers and Licensed Users are expected to act responsibly when using the Service. If a Subscriber or Licensed User's use of the 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 plan.
- Courtsdesk reserves the right to temporarily suspend your access to and use of the Service without notice:
Courtsdesk may terminate this Agreement immediately and without notice in the following circumstances:
- you are in breach of your obligations under this Agreement;
- 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;
- 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;
- 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; or
- anything analogous to any of the foregoing events under sub–clauses (b) to (d) occurs in any applicable jurisdiction.
- 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.
- Courtsdesk may terminate this Agreement immediately and without notice in the following circumstances:
Use of the Service
- The Subscriber and Licensed Users may view on screen the results of bona fide searches carried out using the Service. Reasonable quantities of extracts (in the context of the business or operations of the Subscriber) may also be printed from the Service or saved to local devices temporarily (including eBook readers) subject to prevailing legislation provided the source and ownership of the copyright in the results are clearly acknowledged.
- The Subscriber and Licensed Users may transmit extracts from the Service or the results of bona fide searches carried out on the Service to third parties through an electronic mail or facsimile system only in connection with the provision of bona fide legal advice or carrying out the Licensee's normal business, and provided that no fee higher than that paid by the Subscriber or Licensed User is directly or indirectly levied for such transmission.
- The Subscriber acknowledges that third parties may have a proprietary interest in parts of the Service and the Subscriber agrees not to remove, conceal or obliterate any copyright or other proprietary notices included in the Service.
- Except as permitted by law or by this Licence, the Subscriber shall not itself, nor allow any Licensed User or third party to, duplicate or otherwise reproduce the Service or any part of it, including any of its databases, or permit any person other than Licensed Users to have access to the Service.
- 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 Service or any part thereof or merge it with any other software or database or printed publication or create any derivative work from it.
- 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 Service for commercial purposes.
Resale of Service
- 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 Services available to any third party.
- You acknowledge and agree that Courtsdesk and/or its licensors own all intellectual property rights in the Services. 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 Services.
- You acknowledge that you are only permitted to use any material made available as part of the Service as authorised by us and you further agree not to copy, reproduce, transmit, distribute or create derivative works of such material without our prior written authorisation.
Protecting your password
- It is up to each Subscriber to protect their username and password. You agree that Courtsdesk takes no responsibility for fraudulent use of any Subscribers' account whereby the username and password has been used to access the account.
- If you believe that your 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 email@example.com.
Limitation of Liability and Disclaimer
- You hereby acknowledge and agree that the Services are 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, we make no warranty regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance of the Service or the contents thereof.
- Information which is available via the Service has been developed from public domain sources in circumstances where the relevant information is required by applicable law to be made public. Examples of such information include details of court proceedings held in public or details published by the Irish Companies Registration Office pursuant to the Companies Act and the Registration of Business Names Act, and similar legislation or regulations in England, Wales, Scotland, Northern Ireland and other jurisdictions.
- All use by you of this Service and the information presented by this 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 Service.
- We make no representations, warranties or undertakings about any of the materials presented by the Service (including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for any particular purpose).
- You acknowledge and agree that we may temporarily suspend access to the 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.
- Except as expressly set out in this Agreement, all representations, warranties, terms and conditions whether express or implied in relation to the Service or the information presented therein are hereby excluded to the fullest extent permitted by law.
- Save in respect of death or personal injury caused by the negligence of either party, or breach of this Agreement by virtue of fraud or wilful default, Courtsdesk's liability for any claim whether in contract, tort (including negligence) 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.
- In no event shall Courtsdesk be liable for any losses or for any special, incidental, indirect or consequential damages including damages or costs incurred as a result of loss of time, loss of savings, loss of data or loss of profits arising from or in connection with the use of the Service or the Courtsdesk website.
- This Agreement and any documents referred to herein may be amended from time to time by Courtsdesk. Any update to this Agreement shall be posted to the Courtsdesk website and shall apply to the next Subscription Period for which payment of Subscription Fees are due under clause 3.
- 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.
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:
- 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
- the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.
- 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).
- This Agreement, and any documents referred to in it, together with the Order Form 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 the 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.
- 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.
- This Agreement shall be governed by and construed in accordance with the laws of Ireland and you hereby submit to the sole and exclusive jurisdiction of the Courts of Ireland and to the application of the law in that jurisdiction for the resolution of any claims or disputes (including non–contractual claims or disputes) arising out of or in connection with this Agreement. This applies to all users of the Service including Subscribers, Licensed Users and any other party accessing the Service on their own behalf or on behalf of others. In the absolute and sole discretion of Courtsdesk, a legal action may be brought by Courtsdesk against any party in breach of these terms and conditions, at its election, in Ireland or the place of breach or the domicile, or registered or ordinary place of business, of that party, and, if more than one party, in the domicile, or registered or ordinary place of business of any one of those parties, and all other parties shall submit to that jurisdiction.
- To contact us, please email firstname.lastname@example.org.