Terms & Conditions
ACCEPTANCE
BY COMPLETING THE REGISTRATION OR SUBSCRIPTION PROCESS OR ACCESSING THE ANCIENT ART OF ADVOCACY SERVICE THE USER ACCEPTS AND WILL BE BOUND BY THESE TERMS AND CONDITIONS, AND ANY CURRENT USAGE GUIDELINES. E-CONSCIENTIA LTD RESERVES THE RIGHT TO CHANGE AND UPDATE ITS TERMS AND CONDITIONS OR GUIDELINES FOR THE ANCIENT ART OF ADVOCACY SERVICE AT ANY TIME.
INTERPRETATION
"The Ancient Art of Advocacy" is owned by E-Conscientia Ltd, a company registered in England and Wales. Company registered number: 08328265, Registered Office: 57b Vale Road, London N4 1PP. VAT Registered Number: GB 191 5018 18.
"Service" means access to the The Ancient Art of Advocacy website and the facilities and information contained in it determined by the subscription level chosen.
"Subscription" means the right of any individual to use the The Ancient Art of Advocacy service after completing the registration process, whether provided free or for a fee.
"User" is any organisation, business, or individual person to which The Ancient Art of Advocacy provides the Service as evidenced by information or details provided during the registration process.
"User Guidelines" are any rules and guidelines published upon the site governing user conduct during their use of the site.
DURATION, SUSPENSION, TERMINATION AND RENEWAL
1. The Subscription Period shall commence on the date of the User confirming registration and shall continue until:
a) the predetermined expiry date for any given service or course is reached, or
b) terminated by either party in accordance with these Terms and Conditions.
2. The Ancient Art of Advocacy may suspend, terminate, or restrict access to the Service without notice if:
a) any fees, charges or other payment due are unpaid.
b) the User commits a breach or default of any term or Usage Guideline and fails to remedy it promptly on receiving notice of it. The Ancient Art of Advocacy retains the absolute discretionary right to assess whether any User activity breaches any Usage Guideline and what corrective action must be undertaken by the User.
c) The User provides access to the Service to any other individual, association, organisation, company or body corporate, whether wittingly or unwittingly.
d) the management of The Ancient Art of Advocacy feel that no contract of good faith exists between the parties.
3. Expiry or termination of the Service shall be without prejudice to the accrued rights and obligations of the parties.
PROVISION OF AND ACCESS TO THE SERVICE
1. The User agrees to abide by these terms and conditions and all Usage Guidelines when accessing or using any part of the Service, and to guarantee that any other User(s) authorised by it are similarly bound.
2. The User agrees to keep all its usernames and passwords, and any personal information acquired about any User through use of the Service entirely confidential, and commit no act which might breach the integrity of the Service, or harm the privacy or person of any User.
3. Password sharing is prohibited. To access the service a user must register individually using their legal name and pay the relevant fee for their chosen subscription level for accessing the service. Users may not share usernames and or passwords or allow access to any other person or organisation.
4. The Ancient Art of Advocacy reserves the right without notice to:
a) alter the arrangements for access to the Service; and/or
b) change the content, presentation and/or facilities of the Service. The Ancient Art of Advocacy will endeavour to give the User reasonable notice of any alterations or changes which are likely to materially affect the User.
COPYRIGHT AND PERMITTED USE
1. The copyright in all material contained within the Service is and remains the property of The Ancient Art of Advocacy, its suppliers and its licensors. Save where expressly permitted by these Terms and Conditions, no material and/or third party material may be copied, distributed, sold, reproduced, licensed or dealt with in whole or in part without the prior written consent of The Ancient Art of Advocacy. All use of The Ancient Art of Advocacy material shall be accredited with The Ancient Art of Advocacy´s moral rights.
3. All Trade Marks included within the Service, expressly including "The Ancient Art of Advocacy", and the logo, are the property of The Ancient Art of Advocacy. The Ancient Art of Advocacy reserves all rights in its Trade Marks.
LIMITATION AND EXCLUSION OF LIABILITY
1. Whilst The Ancient Art of Advocacy endeavours to ensure the accuracy of all material contained in the Service, The Ancient Art of Advocacy does not make any representation or give any warranty, either express or implied, as to the accuracy or fitness for any purpose of any information or material received by means of the Service.
2. All services are provided without any warranty. The Ancient Art of Advocacy does not guarantee or contend in any way that successful completion of any training course will result in advancement to the bar, tenancy in chambers, or gain any rights of advocacy, as these rights can only be conferred by the various supervisory bodies, employer's chambers, or law firms.
3. Any courses and course materials forming part of the service are intended to be completed by pupils under the supervision of a pupil supervisor or training supervisor of any organisation employing or sponsoring them. It is the responsibility of the employing or sponsoring organisation to ensure that the course and any course outcomes meet the requirements of the pupil's traineeship, and The Ancient Art of Advocacy accepts no responsibility for the suitability or otherwise of the course materials to suit the needs of the employer.
4. Where a User has subscribed to a course in the absence of an employer or other sponsor it is entirely their responsibility to ensure that the course and any course outcomes meet their own required outcomes. The Ancient Art of Advocacy accepts no responsibility and offers no warranty or guarantee of the suitability or otherwise of the course materials to suit the User's needs.
5. The Ancient Art of Advocacy shall have no liability whatsoever to the User or any third party for any direct, indirect, or consequential loss or damage, cost, or expense suffered or incurred (whether arising in tort, contract or otherwise, and whether arising from the negligence of The Ancient Art of Advocacy or its employees or other Users and whether asserted against The Ancient Art of Advocacy or against its User(s) arising out of the use or supply of the Service or any material) and all warranties express or implied which are inconsistent with this paragraph are hereby expressly excluded.
6. The User shall indemnify The Ancient Art of Advocacy against all costs, claims, demands or expenses incurred by or made against The Ancient Art of Advocacy as a result of any breach by the Subscriber and/or its User(s) of these Terms and Conditions.
7. Whilst all necessary steps will be taken as soon as is reasonably practicable to maintain the continuity of the Service, The Ancient Art of Advocacy accepts no liability for suspension, interruption, temporary unavailability or fault occurring in the Service, howsoever caused.
ASSIGNMENT
The User may not assign the benefit or burden of all or any part of this Agreement without the written permission of The Ancient Art of Advocacy.
FORCE MAJEURE
The Ancient Art of Advocacy shall be under no liability for any failure, delay or omission on its part if the same arises from any cause beyond The Ancient Art of Advocacy's reasonable control including (but not limited to) Acts of God, acts or regulations of government or other authorities, war, fire, strikes or other industrial disputes, power failure, failure of telecommunication lines connections or equipment, or failure or defects in any hardware or software owned or supplied by third parties.
SERVICE OF NOTICE
Any notice to be given to either party by the other shall be in writing and delivered by hand, pre-paid post, or electronic mail (e-mail) to the parties at:
a) To The Ancient Art of Advocacy: 57b Vale Road, London N4 1PP. Email address:
b) To the User: at the latest address and/or e-mail address of the Subscriber registered with The Ancient Art of Advocacy by the Subscriber.
APPLICABLE LAW
These Terms and Conditions shall be construed in accordance with the Laws of England and shall be subject to the non-exclusive jurisdiction of the English courts.
ENTIRE AGREEMENT
These Terms and Conditions together with the Usage Guidelines, save for written agreement to the contrary, shall form the entire arrangement between parties and supersede all prior Terms and Conditions, arrangements or understandings about its subject matter.
VARIATIONS
The Ancient Art of Advocacy may vary or amend the above Terms and Conditions by giving the User written notice at any time.
