Legal Index (Ireland) Limited General Vendor Terms
Welcome to Legal Index (Ireland) Limited. Please take time to read our General Vendor Terms.
These Legal Index (Ireland) Limited General Vendor Terms (“General Vendor Terms”) are entered into and agreed to by Legal Index (Ireland) Limited and its Affiliates (“Legal Index”) and all Vendors, both basic and upgraded, as a condition of accessing and using our Sites and/or Services. Among other things, these General Vendor Terms govern Vendors.
Vendors to whom these General Vendor Terms apply include, without limitation: Solicitors, Law Firms, Advertisers and their employees officer and agents (each, a “Vendor” or “You”).
We reserve the right to update or otherwise modify these General Vendor Terms from time to time. You are responsible for checking these General Vendor Terms periodically for changes and updates. Your use of our Sites and/or Services after such notice has posted constitutes your acceptance of the updated General Vendor Terms. We further reserve the right to alter our pricing structure at any time. Contacts are for a minimum of one month are fees discharged by the Vendor in this regard are non-refundable, Contracts are automatically renewed each month until cancelled by the Vendor. Payments that are declined will result in the Vendor being removed from the site and the contract will be cancelled without notice. VAT is payable in addition on all costs associated with the service at the rate determined by statute from time to time.
BY ACCESSING AND USING OUR SITES AND SERVICES, YOU ATTEST THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE LEGALLY BOUND BY THESE GENERAL VENDOR TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT ACCESS OR USE OUR SITES OR SERVICES.
In consideration of the premises set forth above, you the Vendor hereby agree as follows:
For a glossary of definitions used in these General Vendor Terms, please click here
Our Sites and Services are intended solely for Users who are 18 years of age or older. Any access to or use of our Sites or Services by anyone under 18 is expressly prohibited. By accessing or using our Sites or Services you represent and warrant that you are 18 years of age or older.
USE OF WEBSITE:
- That you have all necessary right, power and authority to enter into these General Vendor Terms and to fulfil your contractual obligations hereunder;
- That any and all information you post or provide, including, without limitation, as part of any registration or application or to gain access to our Sites or Services, is true, accurate and not misleading and that you will not allow any other person or entity to use your Account;
- That the information and Content you upload, post, e-mail, transmit, or otherwise make available to us or on our Sites, including without limitation Vendors, trademarks, logos, screenshots and responses to user reviews, is accurate and free of third party encumbrances;
- That you will, when posting Vendors on our Sites bear all liability related to your submission of such Content through our Sites or Services;
- That you shall not nor shall you authorise any third party to (i) generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions; (ii) intentionally misrepresent their company, products and services; or (iii) advertise anything illegal or engage in any illegal or fraudulent business practice;
- That you will not post or otherwise provide Content that is unlawful, tortious, malicious, defamatory, infringing, libellous, abusive, disparaging, paedophilic, pornographic, obscene, invasive of another’s privacy, promotes illegal activities/conduct or violates local, state, national or other applicable laws or regulations;
- That you will not post or otherwise provide Content that you do not have the right to make available under any law or contractual or fiduciary relationship (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or information protected under nondisclosure agreements);
- That you will not post or otherwise provide Content that contains a software virus or any other code files or programs with the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment;
- That you will not forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any Content posted on the Sites;
- That you will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of our Sites or our other Vendors without our express written consent;
- That you will not avoid, bypass, reverse engineer, interfere with, deactivate, impair, descramble or otherwise circumvent any technical measure implemented by us to administer and protect our Sites and Services;
- That you will not use any automated means or form of data scraping or data extraction to access, query, download or otherwise collect our Content or related information from any of our Sites (except as expressly permitted by us) or otherwise without authorisation use or upload our Content; or create new links, reposts, or referrals through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools);
- That you will not duplicate, download, publish, modify or otherwise distribute our Content for any purpose other than for your own individual use;
- That you will not collect or “harvest” from the Sites the personal information (“Information”) of other Vendors without their consent for the purpose of transmitting unsolicited commercial mass mailings, “spamming” or for any other unlawful purpose; and
- That you will not access our Sites and Services by any means other than through interfaces expressly authorised by us and these General Vendor Terms.
At our discretion, we may, but are not obligated to, monitor and terminate your activity on our Sites, and/or edit or remove Content that violates or otherwise fails to comply with these General Vendor Terms.
OUR USER PORTAL & VENDORS:
How our Vendor Offerings Work:
Every Vendor (basic and upgraded) has an Account, which they are entitled to access and selectively update via the Vendor Portal. We create our Vendors list from publicly available information in order to ensure a comprehensive picture of every segment of the legal profession.
Vendors & Profiles:
Vendors services (also known as Profiles) are descriptions of Vendor services (including User name & logo screenshots) created by us from publicly available content, user contributed modifications and any other content we create or license, which are featured in our online directories. Vendors shall ensure that the Vendor Content it contributes or approves for its Vendor Profile and other service Information complies with these General Vendor Terms.
All Users who access our Sites must comply with the General User Terms.
INTELLECTUAL PROPERTY RIGHTS:
Our Sites are comprised of Content created by us, our Partners, Vendors and our Users. This section sets out the ownership and usage rights for each type of Content.
Our Sites, including without limitation the Vendors we create from publicly available content and any other content we create or license, Services, domain names, and all intellectual property rights therein (collectively, the “Legal Index (Ireland) Limited IP”), is the property of Legal Index (Ireland) Limited, its Affiliates and/or its authorised licensors and is protected by Irish. And international copyright, trademarks and other intellectual property laws.
We grant to Users and Vendors a worldwide, revocable, royalty-free, non-exclusive license to use, view and download the Legal Index (Ireland) Limited IP for User’s personal use in accordance with these General Vendor Terms and applicable Irish and international copyright laws. Except to the extent otherwise expressly permitted under copyright law, Users and vendors will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit the Legal Index (Ireland) Limited IP without the express written consent of Legal Index (Ireland) Limited or the applicable copyright owner.
Vendor and User IP:
Except for Vendor Information lawfully collected or created by us, Vendors retain all right, title and interest in and to the Content it submits to us to update or modify its Vendor (see below), as well as to its logos, trademarks and screenshots (collectively, “Vendor IP”) and grants to Legal Index (Ireland) Limited, its Affiliates and Partners a perpetual, worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license (i) to use the Vendor IP in the ordinary course of its business (ii) to advertise, market, promote and publicise Vendors and their services on our Sites and our Partner Sites; and (iii) to modify and/or remove User Content as we may determine in our sole discretion.
Legal Index (Ireland) Limited retains all right, title and interest in and to the Vendor it creates from publicly available content and grants to User free of charge a license to use, update and (at our discretion) modify the Vendor (“Modified Service Vendor”) subject to the following:
- We may make minor modifications to the Modified Service Vendor (including adding our own content) to ensure quality control and to improve the user experience;
- We may share the Modified Service Vendor (including Vendor account information) internally with our Affiliates in the ordinary course of our business; and
- We may post the Modified Service Vendor on our Content or Sites or the content and sites of our Partners where we place ads in order to drive web traffic and quality leads in the ordinary course of our business.
All intellectual property rights not expressly granted hereunder are expressly reserved to Legal Index (Ireland) Limited and to the respective owners of such rights.
COPYRIGHT INFRINGEMENT CLAIMS:
We respect the intellectual property rights of others and will not tolerate infringing activity on our Sites.
If you are a copyright owner or agent, and you believe your rights under applicable Copyright laws are being infringed by us or another person or entity using our Sites or Services, you may submit to our Designated Copyright Agent firstname.lastname@example.org
A physical or electronic signature of a person authorised to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of the work or material being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Your contact information, including phone number and e-mail address at which you may be contacted;
- Your good faith statement that the use of the work or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed copyright.
We reserve the right to seek damages from any person who knowingly, materially submits a notification claim under this section in violation of the law.
REPRESENTATIONS & WARRANTIES:
Vendors represent and warrant to the best of their knowledge: (i) that it has all necessary right, power and authority to enter into these General Vendor Terms and to fulfil its contractual obligations hereunder; (ii) that the information that it uploads, posts, e-mails, transmits, or otherwise makes available to us or on our Sites, including without limitation content, trademarks, logos and screenshots, is accurate and free of third party encumbrances; (iii) that it has not breached any third party rights, including without limitation: intellectual property, publicity or privacy, consumer protection, tort and product liability rights; (iv) that it complies with all applicable security standards and is free from any viruses, including without limitation malware or Trojan horses; and (v) that it complies with all applicable laws, statutes, ordinances and regulations.
YOUR USE OF OUR SITES AND SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT OUR SITES WILL BE SECURE, AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE CONTENT ON OUR SITES IS ACCURATE OR APPROPRIATE FOR YOU AND YOUR BUSINESS NEEDS.
Neither party will be liable for any failure or delay of performance under these General Vendor Terms resulting from a force majeure event beyond the reasonable control of a party, including without limitation, natural disasters, acts of God, government regulations, war, terrorism, labour disputes and power failures.
LIMITATION OF LIABILITY:
We will not be liable for any consequential, special, indirect, exemplary or punitive damages arising out of or in any way related to these General Vendor Terms or Your use of our Sites and Services, including without limitation loss of profits, revenue, interest, goodwill, loss or corruption of data or other interruption of business (whether in contract, tort or under other legal theory), even if advised of the possibility of such damages.
Except for breach of the indemnification and confidentiality sections hereunder, each party’s aggregate liability to the other for direct damages under these General Vendor Terms is limited to EUR€100 (one hundred Euro). We expressly disclaim liability for any and all disputes arising between Users and Vendors of our Sites and Services. By accessing and using our Sites and Services, You release us, our parent company and Affiliates from any and all liability for any and all claims arising from disputes between users and vendors of our Sites or Services.
The Vendor agrees to indemnify, defend and hold harmless Legal Index (Ireland) Limited, its agents, affiliates and employees (in its capacity as “Indemnitee”) from and against any and all third party claims, liabilities, losses and expenses (including damage awards, settlement amounts and reasonable attorneys’ fees) arising out of or relating to a violation of these General Vendor Terms, except to the extent such losses and expenses arise from the negligence or wilful misconduct of Indemnitee.
Termination by Us:
We reserve the right in our sole discretion, without penalty and at any time without notice, to modify or discontinue (temporarily or permanently) Vendors access to our Sites and Services, or any part thereof if we believe that a Vendor is violating these General Vendor Terms. If Vendors uses or attempts to use our Sites or Services for any purpose that contravenes these General Vendor Terms (including without limitation tampering, hacking, data scraping, modifying or otherwise corrupting the security or functionality of the Services), Vendors may also be subject to civil and criminal liability. The parties acknowledge and agree that the Vendor Accounts and Service Information (including Service Profile and Service Vendor) posted on our Sites are non-cancellable. We create our listings from publicly available information in order to ensure a comprehensive picture of every segment of the Legal Profession.
These General Vendor Terms are governed by the laws of Ireland except for its conflicts of interest principles. All claims arising out of or relating to these General Vendor Terms will be litigated exclusively in the courts of Ireland and each of Legal Index (Ireland) Limited and Vendors consent to personal jurisdiction in those courts.
WAIVER & SEVERABILITY:
Our failure to act with respect to a breach will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these General Vendor Terms shall be deemed invalid, void, or for any reason unenforceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these General Vendor Terms.
BY ACCESSING AND USING OUR WEBSITE AND SERVICES, YOU ATTEST THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE FOREGOING GENERAL VENDOR TERMS.
Last Updated: January 2019