Legal Technology Core Competencies Certification Coalition Website Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

INTRODUCTION

These terms and conditions and the documents referred to in them (collectively the “Terms”) set out the terms and conditions upon which we are prepared to allow you to access and make use of our website www.ltc4.org (the Website), whether as a guest or a member of LTC4 (“Member”) and regardless of whether or not you decide to apply to be a Member. Use of the Website includes accessing, casual browsing, applying to be a Member, entering the Members’ Site, accessing the “Core Competencies” or contacting us via the Website.

In these Terms, the “Core Competencies” refer to each particular IT skill required by an individual to obtain certification by LTC4 as competent and the workflow and scenario system of categorisation of those skills, as from time to time held on LTC4’s servers and the training and information materials available in such sections of the Website as LTC4 permits licensed Members to access from time to time. For the avoidance of doubt, for the purposes of these Terms, the titles of the ten Core Competencies shall be (1) Legal Documents; (2) Managing Documents and E-mails; (3) Collaborating with Others: E-mailing and Sharing Documents; (4) Time and Billing; (5) Road Warriors; (6) Data Reports and Exhibits; (7) Security; (8) Working with Clients (CRM); (9) Presentations; and (10) eDiscovery/eDisclosure.

WHO WE ARE AND HOW TO CONTACT US

The Website is owned and operated by Legal Technology Core Competencies Certification Coalition (”We” or “LTC4”). We are registered in England and Wales under company number 9329428 as a private company limited by guarantee and have our registered office at 20-22 Wenlock Road, London, N1 7GU. Our VAT number is GB 241047542 .

To contact us, please email [email protected]

BY USING OUR WEBSITE YOU ACCEPT THESE TERMS

Please read these Terms carefully before you start to use the Website as by continuing to use the Website you will be deemed to have unconditionally accepted these Terms. We recommend that you print a copy of these Terms for future reference.

We may revise these Terms at any time by amending this web page. For that reason we recommend that you check this web page frequently for any updates which we may have made. These terms were most recently updated on 14 May 2018.

If you do not wish to accept these Terms (including any revisions which we may subsequently make as referred to above) then we do not permit you to use the Website and you must stop doing so immediately.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These Terms refer to the following additional terms, which also apply to your use of our website:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our website. When using our Website, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our Website.

WE MAY MAKE CHANGES TO OUR WEBSITE

We may update and change our Website from time to time and/or may change content at any time. However, please note that we do not undertake to regularly review and update all content and as such certain of the content on the Website may be out of date at any given time.

AVAILABILITY OF THE WEBSITE

Our Website is made available free of charge. However, if you wish to apply to be a Member then a charge may be payable by you for that and you will be provided with full details of those charges in advance before you decide to go ahead.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]

HOW YOU MAY USE MATERIAL ON OUR WEBSITE

We are either the owner or an authorised licensee of all intellectual property rights in our Website and in all material and content published on it (including in the Core Competencies and in any trade marks used by LTC4). Those works are protected by copyright laws and treaties around the world and all such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal, non-commercial use and to the extent reasonably required, for example, in order for you to make use of any materials you may have purchased. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us. You may draw the attention of others within your organisation to content posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DATA PROTECTION AND PRIVACY

When you use the Website and/or apply to be a Member we will collect certain personal data about you. Our Privacy Policy from time to time in force (the current version of which you can read by clicking here ) provides details of the data which we may collect about you, how that may be used by us and how that may be shared with relevant third parties.

Our Privacy Policy forms part of these Terms and you should read it carefully as by continuing to use the Website and where you apply for LTC4 membership or certification, you will be deemed to accept that we may collect, use and share personal data about you in accordance with our then current Privacy Policy.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those websites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This Website may include information and materials uploaded by other users of the Website, including to the Members’ Forum and suggestions boards. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on [email protected]

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law (including any rights and protections which you may be entitled to if you are acting in your capacity as a consumer which we have not lawfully limited or excluded under these Terms). Each section of these Terms shall be read as subject to this paragraph and no section of these Terms shall be interpreted as seeking to limit or exclude any such liability.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Website;
  • use of or reliance on any content displayed on the Website; or
  • matters which are outside of our reasonable control including fire, flood, extreme or unusual weather conditions, industrial disputes (whether involving our own staff or those of third parties), war, riot, acts of terrorism or vandalism, failure of machinery, equipment, hardware, telecommunications networks or infrastructure or the acts of any governmental or regulatory authority.

In addition, if you are a business customer, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of, damage to or corruption of data (including the cost of restoring any lost, damaged or corrupted data);
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer, please note that we only provide the Website to you for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. In particular, you should note that those websites will provide for different terms and conditions and privacy policies applicable to your use and any purchases which you may make via them.

If you apply to become a Member and/or we provide you with the Core Competencies which you have ordered via the Website and in either case we receive a payment for that then we will accept certain additional liability to you for any loss or damage which you suffer as a direct result of our failure provided that loss or damage was reasonably foreseeable to the time we accepted you as a Member and that you take reasonable steps to minimise the impact of our failure. Our maximum liability for any such loss and damage shall though be limited in total to the actual amount of payment which we have actually received for from you to become a Member.

If we incur any liability to you which is not excluded under these Terms then unless and to the extent you are entitled to the benefit of a higher limit on our financial liability as provided for above and subject to the first paragraph of this section, our maximum financial liability to you in respect of any and all claims shall be limited to £5 (five pounds).

If any section of these Terms (including the limitations and exclusions on our liability as set out above) is found to be invalid or unenforceable then that shall not affect the validity or enforceability of any of the other sections which shall continue to apply.

UPLOADING CONTENT TO OUR WEBSITE

Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Website a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

RULES ABOUT LINKING TO OUR WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Website in any website that is not owned by you.

Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our website other than that set out above, please contact [email protected]

APPLYING FOR MEMBERSHIP

Before you decide to apply to be a Member we will advise you of our charges which are payable by you in order for you to become a Member. You must pay any charges which you are responsible for to us in full by Bank Transfer or PayPal by no later time than 30 days and we shall be entitled to cancel your membership and refuse you access to the Core Competencies if payment is not made on time.

YOUR RIGHTS

The rights which are granted to you under these Terms and personal to you and you may not transfer those in any way to any third party without our consent. In particular, save only to the limited extent otherwise provided for business customers under the “Our Responsibility For Loss Or Damage Suffered By You” section above, you may not without our prior written consent allow any other person to use the Core Competencies or any other materials which we have supplied to you as a result of being a Member.

We may assign, transfer or sub-contract all or any of our rights and/or obligations under these Terms provided that doing so does not result in any detriment to you.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

OUR TRADE MARKS ARE REGISTERED

We are the registered owner of the “LTC4” trade mark in the UK, US, Australia and Canada. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under “How you may use material on our Website” above.

 

SCHEDULE 1

ACCEPTABLE USE POLICY

INTRODUCTION

You may use the Website only for lawful purposes.  You may not use the Website:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as detailed below;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of Website Terms and Conditions;
  • not to access without our prior written authority, interfere with, damage or disrupt any:
    • part of the Website;
    • equipment or network on which the Website is stored;
    • software used in the provision of the Website; or
    • equipment or network or software owned or used by any third party.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to the Website (“Contributions”) and to any interactive services associated with the Website including the Members’ Site.

You must comply with the spirit and the letter of the following standards as a condition of being allowed to use the Website. The standards apply to each part of any contribution as well as to its whole.

Your Contributions must:

  • be accurate (where they state facts); or
  • be genuinely held (where they state opinions); and
  • comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if this is not the case; or
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Website.  When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of our Website Terms and Conditions upon which you are permitted to use the Website and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use the Website;
  • immediate, temporary or permanent removal of any Contribution, posting or material uploaded by you to the Website;
  • issue of a warning to you;
  • instigate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from your breach;
  • instigate further legal action against you as we see fit; and
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for our actions taken in response to breaches of this Acceptable Use Policy by you.  The responses described in this Acceptable Use Policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THIS ACCEPTABLE USE POLICY

We may revise this Acceptable Use Policy at any time by amending this web page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on the Website.