The Orchard Website Terms of Use
I am so happy that you have visited The Orchard’s online home. It is important to us that this website is a positive and supportive space so please read these terms and conditions carefully before using this site.
1 About our Terms
1.1 These Terms explain how you may use this website (the Site).
1.2 References in these Terms to the Site includes all associated web pages.
1.3 You should read these Terms carefully before using the Site.
1.4 By using the Site you agree to be bound by these Terms and the documents referred to in them.
1.5 If you do not accept any of these Terms, you should stop using the Site immediately.
1.6 If you have any questions about the Site, please contact us by e-mail: [email protected]
1.7 We ought to mention that these terms have been drafted especially for Modern Law Limited and The Orchard in respect of our legal products and services. You do not have a licence to copy or use these terms for your own purposes and because they have been tailored to suit our specific business needs they will not be relevant to your particular circumstances or protect you and your business properly. If you would like to find some website terms of use for your own business, which are drafted to make sure you are fully covered, click here or send an email to [email protected] to get in touch and it would be our pleasure to help you out
1.8 Definitions
Content means any text, images, video, audio or other materials submitted to or on the Site;
Terms means these terms and conditions of use as updated from time to time under clause 11;
Acceptable use policy means the policy set out at the end of these Terms
Cookie policy means the policy, which governs how we use cookies in the Site;
Privacy policy means the policy which governs how we process any personal data collected from you;
Submission means any text, images, video, audio or other materials submitted by you or other users to the Site;
We, us or our means Modern Law Limited Limited, a company with registration number 09722550 and registered office at Bittern House, Hill Furze, Pershore, Worcestershire WR10 2NE.
You or your means the person using the Site or its Content.
1.9 Your use of the Site means that you must also comply with our Acceptable Use policy, our Privacy policy, and our Cookie policy, where applicable.
2 Using the Site
2.1 The Site is for your personal and internal business use only.
2.2 You agree that you are solely responsible for any costs and expenses you may incur in relation to your use of the Site.
2.3 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at [email protected]
2.4 We may prevent your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
3 Ownership, use and intellectual property rights
3.1 This Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with the Site. This means, for example, that we remain owners of them and free to use them as we see fit.
3.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site.
4 Submitting information to the Site
4.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, while we value your feedback, you should not submit to the Site any information that you regard as confidential, commercially sensitive or valuable.
4.2 We may use your or any other Submissions as we see reasonably fit on a free-of-charge basis. We shall not be legally responsible to you or anybody else for any use of Submissions.
5 Accuracy of information and availability of the Site
5.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
5.2 We may suspend or terminate operation of the Site at any time as we see fit.
5.3 Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
5.4 While we try to make sure that the Site is available for your use as much as possible, we do not promise that the Site will be available at all times nor do we promise the uninterrupted use by you of the Site.
6 Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site will be governed by the terms and conditions of that third party site.
Acceptable Use Policy
7 Acceptable use
7.1 As a condition of your use of the Site, you agree:
7.1.1 not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these Terms;
7.1.2 not to use the Site to commit any act of fraud;
7.1.3 not to use the Site to distribute viruses or malware or other similar harmful software code;
7.1.4 not to use the Site for purposes of promoting unsolicited advertising or sending spam;
7.1.5 not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
7.1.6 not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
7.1.7 not to use the Site in any manner that harms minors;
7.1.8 not to promote any unlawful activity;
7.1.9 not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
7.1.10 not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks; and
7.1.11 not to attempt to circumvent password or user authentication methods.
8 Interactive services
8.1 We may make interactive services available on the Site, for example areas where you can comment on Content.
8.2 We are not obliged to monitor or moderate Submissions to our interactive services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
8.3 We may remove or edit any Submissions to any of our interactive services whether they are moderated or not.
8.4 Any Submission you make must comply with our Submission standards set out below.
9 Submission standards
9.1 Any Submission or communication to users of our Site must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, you warrant that any Submission or communication is:
9.1.1 your own original work and lawfully submitted;
9.1.2 factually accurate or your own genuinely held belief;
9.1.3 provided with the necessary consent of any third party;
9.1.4 not defamatory or likely to give rise to an allegation of defamation;
9.1.5 not offensive, obscene, sexually explicit, discriminatory or deceptive; and
9.1.6 unlikely to cause offence, embarrassment or annoyance to others.
10 Linking and framing
10.1 You may create a link to our Site from another website without our prior written consent provided that the link does not:
10.1.1 create a frame or any other browser or border environment around the content of our Site;
10.1.2 imply that we endorse your products or services or any of the products or services available through the website on which you place a link to our Site;
10.1.3 display any of the trademarks or logos used on our Site without our permission; or
10.1.4 appear on a website that itself does not meet the acceptable use requirements of this Policy.
10.2 We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
11 Using our name and logo
11.1 You may not use our trade marks, logos or trade names except in accordance with these Terms.
12 Breach
12.1 We shall apply these Terms in our absolute discretion. In the event of your breach of the Terms we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.
13 Limitation on our liability
13.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
13.1.1 losses that:
(a) were not foreseeable to you and us when these Terms were formed; or
(b) that were not caused by any breach on our part; and
13.1.2 business losses.
14 Variation
These Terms are dated 30 August 2016. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
15 Disputes
15.1 We will try to resolve any disputes with you quickly and efficiently and we expect that the parties will usually be able to find an amicable resolution to any disputes.
15.2 If you are unhappy with us please contact us as soon as possible to let us know.
15.3 If a dispute arises out of or in connection with these Terms, you and we agree that we shall attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.
15.4 Clause 15.3 does not affect the freedom of either of us to commence legal proceedings to preserve any legal right or remedy or to protect any Intellectual Property Rights or trade secrets whether by way of injunctive relief or otherwise.
15.5 Governing law and jurisdiction
15.6 These Terms and any dispute arising out of or in connection with them are governed by the laws of England and Wales.
15.7 Each of the parties submits to the exclusive jurisdiction of the courts in England and Wales.
