Please read all information related to the service you are using as well as the parent company. If you have any questions please contact us on hello@vlex.com.
What information should I read?
Website visitors: Please read both the vLex and vLex Justis privacy policies and terms. These will also apply if you take out a free trial of our service.
JustisOne customers: For users of our legacy platform, JustisOne, please read the JustisOne Terms and Conditions and the vLex Justis Privacy Policy.
vLex Justis customers: Please ready the vLex Justis Privacy Policy and vLex Justis Terms and Conditions.
vLex customers: Please ready the vLex Privacy Policy and vLex Terms and Conditions.
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Up to date with GDPR. 05/25/2018
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF THE TERMS AND CONDITIONS
These Terms and Conditions govern the legal relationship between VLEX and you as a user and/or Customer of VLEX. It also applies if you use our Website, if you sign up for a free trial of our services, or if you subscribe to our services through any of our affiliates or network of distributors.
By browsing our website, clicking on the “accept” box on a web registration or by accepting a purchase order that upholds these conditions, you are accepting these Terms and Conditions. The purchase order will not contradict what it is stated in these Terms and Conditions except when such possibility is stated clearly in the purchase order. If you do not agree with these Terms and Conditions, we beg you to abstain from using this website, logging onto it, or requesting any services provided by VLEX.
If the Customer is a legal entity, the person accepting these Terms and Conditions verifies that he or she has been authorized by the Customer to accept said Terms and Conditions under the Customer’s name. If you are unauthorized, or if you do not accept these terms and conditions, you should not use the services of VLEX.
You may not access our services if you are a direct competitor unless there’s a previous understanding with VLEX.
2. DEFINITIONS
3. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
You may Access the most up-to-date version of these Terms and Conditions whenever you’d like, through the following link: https://vlex.com/terms-of-service/
VLEX may, at any point, modify the General Terms and Conditions of the Service. The modified versions of the Terms and Conditions will appear on this website and, without prejudice to the communication that will be made to the customer, will come into force immediately. It is the Customer’s responsibility to check the General Terms and Conditions regularly. Continuing to use the Service constitutes the acceptance of the modifications applied.
If VLEX hires the services of a trusted third party to update the content of the current Terms and Conditions, both parties agree to only accept as valid the version of the text registered on the third party’s system and certified by said party.
4. ADDITIONAL TERMS
The Customer acknowledges that the use or engagement of certain Services or Contents may be subject to Supplementary Terms, which will be published or communicated to the Customer on the Purchase Order by accessing said Services or Contents, or by referral of these Terms and Conditions.
Particular contents provided by GALE GROUP will be regulated by these specific Conditions:
The Licensed Content is copyrighted by the Gale Group, Inc. (“Gale”). The Licensed Content is provided “as is” without warranty of any kind. Neither Gale nor any of its data suppliers make any warranty whatsoever as to the accuracy or completeness of the Licensed Content or the results to be obtained from using the information contained therein and neither Gale nor any of its data suppliers will be responsible for any claims attributable to errors, omissions, or other inaccuracies in the information contained in the Licensed Content. The entire risk for the results and performance of the Licensed Content is assumed by the user. Further, neither Gale nor any of its data suppliers make any representations or warranties, either express or implied, with respect to the Licensed Content, including, but not limited to, the quality, performance, merchantability or fitness for a particular purpose of the Licensed Content or any information contained therein. In no event will Gale or any of its data suppliers be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Licensed Content or for any loss or damage of any nature caused to any person as a result of that use.
Material contained in the Licensed Content may not be duplicated or redistributed without the prior written consent of Gale, except that one print copy of search output is permitted for use within the customer’s organization and that search output may be stored temporarily in electronic media for editing or reformatting and subsequent printing of one print copy of search output for internal use.
Any advertising or navigational link to e-commerce products and services displayed on VLEX’ website are not provided by Gale or its publishers.
5. RESPONSIBILITIES OF VLEX
5.1. Provisions of the contracted services
VLEX will provide access to the Services and Contents contracted on the Purchase Orders that apply. It will also provide customer service to reasonable Customers with no additional charge. VLEX will make reasonable efforts to ensure that the contracted services are available 24 hours a day, 365 days a year, with a quality of service that compares to the standards of the Online Information Industry except for certain cases when the Customers have been previously informed of the situation or when there is a lack of availability derived from circumstances that go beyond the reasonable control of VLEX, such as errors of Internet service provider, computer attacks, government orders, etc.
5.2. Fulfillment of the VLEX Privacy Policy and Protection of Personal Information
VLEX will comply with the Personal Data Protection Policy, which can be viewed at https://vlex.com/privacy-policy/. You can also request a copy by sending an email to support@vlex.com.
At any time the client can exercise the rights of access, rectification, cancellation and opposition, and, where appropriate, the right of portability and limitation of processing, as set out in the RGPD (EU) 216/679, to: C / Almogàvers 119 , 4th floor, 08018 Barcelona or by email to support@vlex.com. In any case, the client may contact the Spanish Agency for Data Protection www.agpd.es, to initiate the appropriate procedures to defend their rights.
6. USE OF SERVICE
6.1. Professional Conduct
The website and the products and services offered by VLEX are exclusively geared towards professionals as well as universities, public institutions, and companies. Therefore, the regulations in force regarding consumers and users will not apply in this relationship. If you are an individual and would like to use this website and products and services offered for personal use, you must contact us beforehand in order to define the contractual framework that will regulate the relationship between you and VLEX.
6.2. Subscriptions
Unless otherwise specified on the Purchase Order or Registration Form, all the services and products of VLEX are contracted as subscriptions that are automatically renewed.
6.3. Contracted Licenses
Unless otherwise specified in the Purchase Order or in the Registration Form, the Service may not be used for more individuals than Licenses contracted.
a) When a Customer contracts only one license, he or she knows and understands that he or she will be the only person authorized to use his or her passwords to access the Service.
b) If a legal entity or organization subscribes to the Service, only as many individuals as contracted licenses may use the service.
The person designated as Account Administrator by the Customer is able to create and update the information of the users authorized to access the contracted service until the cap of contracted licenses has been reached. In this case, the use of the Service by the final Users means an explicit acceptance of the General Terms and Conditions.
VLEX will only be able to enable unlimited Access for the Customer’s IP range when it has been stipulated on the Purchase Order, regardless of whether or not the Customer requires personal user accounts from those who end up using the Service.
The Customer is the only party responsible to ensure that no unauthorized parties have access to the information that allows users to connect to the Service as well as to avoid having third parties use or share their IP range. The use of VPN systems or other similar systems that allow the access of VLEX from outside the permitted IP range is prohibited unless specifically indicated on the Purchase Order.
6.4. The Customer’s Responsibility
The Customer is responsible for:
(a) Having its Users fulfill these Terms and Conditions.
(b) Employing reasonable efforts to prevent unauthorized individuals from using the Service as well as notifying VLEX if unauthorized individuals are using the Service. The Customer accepts that he will use the Service as a final user, meaning that the rights to use the Service cannot be transferred to other individuals or organizations, whether it be for free or for an onerous fee.
Transferring or sharing the information that allows third party individuals or organizations to connect to the Service is a serious breach of this contract. The Customer is also responsible for any damage, prejudice, or loss, as well as the costs that may incur, including costs for legal advice.
For the purposes of this contract, every unauthorized access to the contents, products, and/or services offered by VLEX will be considered as a way of hiring the aforementioned contents, products, and/or services by the Customer whose username and password was used irregularly. VLEX will therefore be able to bill and demand payment of these individual purchases according to the current rates of the services provided by VLEX.
(c) Providing complete and accurate contact information as well as for updating it. All the communication between VLEX and the contact information provided by the Customer has, for all intents and purposes, legal validity. The Customer may, at any given moment, modify his information as well as his password through his personal area/profile, which can be found on: http://vlex.com/account/. If the matter arises that VLEX is unable to get in contact with the Customer for any reason, or that the contact information provided is not enough, VLEX may temporarily suspend access to the Service until the Customer updates his contact information.
6.5. Permitted Use
Users may make reasonable use of the provided content for individual use. The Customer and his users will be particularly able to use the provided Contents included in the Services:
6.6. Non Permitted Use
Except for the aforementioned clause, the Customer and his users may not copy, duplicate, sell, download, resell, translate, re-publish, or transmit any section of this website or its content, whether it be for commercial or noncommercial use.
The Customer may not sublicense, reuse, compile, rent, sell, use reverse engineering, or create pieces that derive from this website or its Content. The Customer may not use framing technique or any other technique that would hide the label, logo, or other sections of the website without previous written authorization, by VLEX.
It is expressly prohibited to abuse, download, copy, or reuse a substantial part or the entire content, regardless of the purpose. Without prejudice of the right to claim for damages, any downloads that violate the aforementioned limitations will be considered as individual purchases of documents and will be charged according to the current rates of the services provided by VLEX.
The Customer may not use automatic software or otherwise manually copy or monitor the service of VLEX and/or its content without previous written authorization by VLEX. The Customer may not manipulate or use the Content of VLEX to create publications and/or services of any kind, especially those that could be compared or that could compete in any way with the services and/or content that VLEX offers now or that may offer in the future. Its expressly prohibits the inclusion of VLEX’s content on any databases of any kind without using its format, whether they are public or private, as well as free of charge or for a fee.
The Customer and User may not introduce personal information into the Service. For all intents and purposes, the user will be the only responsible agent for the breach of this limitation.
6.7. Geographical limitations
The licenses are restricted to a specific area, and it’s limited to the space established in each case and agreed by the parties on the registration form. VLEX may establish technical measures to prevent access that violate the present terms and conditions.
6.8. Limitations by type of Customer
The Services provided by VLEX include different contents and functions depending on the Customer: a small law firm, a big law firm, an academic institution, a public administration, or a company. The Customer will abstain from subscribing to a service that corresponds to another type of Customer. The breach of this limitation will give VLEX the right to dissolve the contract and/or demand payment of the Services and Licenses that correspond to the appropriate type of Customer.
6.9. Monitoring of Use
VLEX reserves the right to supervise and keep records of the Customer’s use of the Service and its Content, of his search history, of the IP from which the Customer accesses the Service. VLEX may also supervise the Customer’s activities in order to obtain any other sort of information related to the Customer and his Users with the purpose of improving the Service and ensuring the fulfillment as well investigating possible violations of these Terms and Conditions. VLEX may cancel access to the Service if it detects patterns contrary to the provisions of these Terms and Conditions, especially in the case of excessive downloading of documents, access by unauthorized Users, or the use of the information for commercial use.
7. PRICES AND PAYMENT OF THE CONTRACTED SERVICES
7.1. Prices
The Customer will pay the amount specified in the Purchase Orders or in the Online Registration Form, or after the Free Trial expires. Unless otherwise specified in the Purchase Order or in these General Terms and Conditions:
(i) these prices are based on contracted the Services and Contents, not on its use or the effective use of the Service by the Customer , (ii) payment obligations may not be canceled and payments that have already been made are non-returnable, and (iii) the number of contracted licenses may not be lowered during the contracted subscription.
7.2. Billing and Collection
The Customer may receive one or several invoices corresponding to the contracted Services issued by the marketing entity. The customer will provide information on one or several payment methods accepted by VLEX. If the Customer provides a credit card information or a bank account information for direct deposit purposes, he authorizes us to process the charges with said credit card or bank account for all the contracted Services indicated on the Purchase Order or online registration form for the initial subscription period. He also authorizes us to use said payment methods to pay for any renewal that may come from the original contract.
Said charges will be processed in advance through any of the payment methods provided by the Customer, whether it be monthly, by trimester, annually, or in whatever frequency indicated in the Order of Purchase and accepted by the Customer.
7.3. Returns and/or payment delay charges
If whatever amount billed is not compensated on the agreed date, VLEX may, without renouncing any other right, add a late fee to the amount owed that equals one and a half times the current legal interest, or the highest possible fee VLEX can legally charge, whichever is lower. VLEX may also transfer to the Customer bank fees and other charges incurred should the method of payment provided not go through. These penalties will only be enforced if VLEX communicates to the Customer about the outstanding balance in writing. Payments will be allocated to settle the oldest debt first.
7.4. Charges for returns and/or Delays to Collect. Service Suspension and Recovery Acceleration.
In case of delay in payment or an outstanding balance of any kind, VLEX may, without relinquishing any other rights: (1) demand anticipated payment of any outstanding balance. This means that even if VLEX and the Customer had agreed on paying in specific installments, said agreement shall bear no effect and VLEX shall bear the right to demand immediate payment of the entire sum agreed in the contract. Consequently, starting from the date of the breach, the amount remaining from the entire sum agreed in the contract shall become outstanding and VLEX may demand payment as well as calculate interest.
In this case, VLEX may notify the Customer of the new outstanding balance through the usual channels of communication, and said outstanding balance shall be paid in full by any method of payment accepted by VLEX and/or (2) temporary suspension of access to the Service until the outstanding balance is paid in full.
Failure to pay the sum before the term of contract expires does not relieve the Customer from the obligation to pay contributions accrued up to that time as well as those that are subsequently earned until the term of the contracted service expires.
For the purposes of this contract, the Customer expressively acknowledges a debt towards VLEX by amount of all fees accrued and unpaid as well as the fees accrued up to the completion of the contract.
In either case, the Customer commits to pay the sum owed when he receives formal notice from VLEX.
7.5. Collection Services. Registration Files on insolvency
The complete or partial breach of the obligation of payment will enable VLEX to take the necessary actions against the Customer by enforcing its rights and economic interests. In such case, said actions include:
(1) Subscribing to the services of a collection agency to obtain the amount owed, transferring its rights as creditor and/or all information necessary to obtain said debt.
(2) Subscribing the Customer on registration files on insolvency for the total amount of the existing debt at every point, which the Customer accepts and acknowledges. To that effect, the Customer expressly and irrevocably authorizes VLEX, its Affiliates, and those who represent its rights or may, in the future, act as creditor and consult, solicit, supply report, process, and disclose all the information regarding his credit, financial, and commercial record to any existing entity in his country of residence, or a third country. This implies that the Customer’s present and past behavior regarding his financial obligations with VLEX shall remain reflected in the aforementioned databases for the purposes of providing sufficient and adequate information to the market on the state of the Customer’s financial, commercial, and credit standing. Therefore, those who are affiliated to said databases and/or have access to them will be have access to your information, according to applicable legislation. Said information shall remain in the aforementioned databases for as long as it is deemed appropriate by the applicable legal system.
Our prices do not include any taxes or withholdings unless otherwise stated. It is the customer’s responsibility to pay any taxes associated with his purchase.
7.6. Future usefulness
The Customer acknowledges that his purchase does not depend on the existence of a concrete feature or specific content, or of any verbal or written remarks related to the concrete usefulness as well as specific present or future content.
7.7. Uniquely advantageous conditions arising from contracting products or services in special circumstances for which the customer can benefit from may be revoked if the conditions that cause these benefits vary.
If, at the time of signing the contract, the Customer is already subscribed to another VLEX Service, due to which he benefits by obtaining a special discount, the Customer commits to keep both subscriptions for as long as he is linked to VLEX. If the Customer fails to fulfill this commitment, VLEX will automatically apply the retail Price of the contracted product.
8. RESERVATION OF RIGHTS. LICENSE OF USE.
8.1. Intellectual Property Rights. Copyright
All the labels, copyrights, graphics, or logos of VLEX available on this website are the property of VLEX and are protected by international law as well as legislation of the EU, USA, WIPO treaties, the Andean community, and the legislation of other countries. They may not be copied, transferred, reproduced, or photocopied in any way, partially or completely, without previous written authorization by VLEX. The logos and distinguishing signs and symbols of third parties are the property of their respective owners. VLEX is not authorized to transfer, authorize, or license the use of said symbols, which is why the Customer must obtain authorization from the respective owner in case he decides to use them for any means. The Customer must not eliminate the reference to copyright, labels, and patents included in the products and services of VLEX when printing documents.
VLEX and third party content providers reserve all the rights concerning the Services and Contents included therein, including all the Intellectual Property and Industrial rights. Access to the service or the previously mentioned content by the Customer does not involve any type of resignation, transmission, or whole or partial transfer of these rights, nor does it confer any right to use any of the said rights partially or on the whole. It also does not bestow any rights of use, license, or right to alter, exploit, reproduce, distribute or public communication of said content other than those explicitly outlined in these General conditions, without previous and express approval, given specifically by VLEX. The Customer shall not own or acquire any right over VLEX’s Content, and he expressly recognizes that VLEX’s Service and Content on the website are protected by Intellectual and Industrial Property rights.
VLEX hereby informs the Customer that the Services may contain hidden identifiers as well as intentional errors in escrow in order to prove ownership of existing rights over the Content and the substantial investment made to create and update it.
8.2. License of Use of Service and Content of VLEX
VLEX grants the Customer a non-exclusive, individual and non-transferable, revocable and limited license of use in order to access the contracted Service and Content according to these Terms and Conditions.
The license of use given to the Customer includes the right to electronically see the content included in the contracted Service as well as the right to download the Content in an electronic format and/or print unsubstantial sections of said Contents for the exclusive professional use of the Customer. The Customer may also quote the documents included in the Service as well as reproduce non-relevant fragments.
The contracted Service may only be used by the Customer who contracted it directly and by those authorized users linked to the Customer through a working, commercial, educational relationship, or a similar collaborative, dependent or subordinate relationship, and as long as said use happens within the IP range of the Customer’s Organization and for legitimate purposes.
8.3. User Content
Users may add their own material such as documents, comments, tags, logos, key words, among others to a vLex website or service (“User Content”). The rights granted by the Customer to VLEX for the use of the User Content are as follows:
a) Any User Content added via the Intelligent Technology Services shall remain the sole property of the Customer, and VLEX shall have no perpetual rights to use, reproduce, modify, adapt, publish, publicly show, translate, derive, or distribute said materials, or to include said materials in any form, method, or way that exists or may exist in the future. All such rights or similar permissions shall only be given to VLEX for the provision of the Intelligent Technology Services and according to the Terms and Conditions of said services.
b) For any other VLEX products or services, the Customer grants VLEX (or the authorized person ensures that the Organization has expressly granted) a perpetual, worldly, free, irrevocable, and nonexclusive right and license to use, reproduce, modify, adapt, publish, publicly show, translate, derive, or distribute said materials, or to include said materials in any form, method, or way that exists or may exist in the future. Mentioning in the Service that a certain portion of the content is “private” shall be defined as content that VLEX will assure can only be accessed by said Customer in a general nature, but that due to the very nature of Internet services VLEX cannot guarantee that third party users may have timely access to the previously mentioned Content, whether it be due to technical errors or any other cause.
In any case, the Customer states that he knows this fact and indemnifies VLEX and its affiliates for any claim for this reason, hereby committing not to add any information into the VLEX Service that is either confidential or that might constitute as a disclosure of secrets, or a breach of the duty of professional secrecy. The Customer states that the personal information provided does not infringe upon the Intellectual Property of a third party, and should the case arise that a complaint is filed, he shall be the only responsible entity and shall hold VLEX and its subsidiaries harmless of any alleged Intellectual Property infraction in terms of any content or information provided by the Customer through the website.
9. WARRANTIES AND LIMITATION OF RESPONSIBILITY
9.1. Warranties
THIS WEBSITE ALONG WITH ITS CONTENT AND SERVICE IS PROVIDED “AS IS.” VLEX AND THIRD PARTY PROVIDERS OF CONTENT DO NOT OFFER WARRANTIES OF ANY KIND, NEITHER EXPRESSED NOR IMPLIED, WITH REGARDS TO THE FUNCTIONING OF THE SERVICE AND ITS CONTENT, TRANSLATIONS INCLUDED. THE CUSTOMER EXPRESSLY AFFIRMS THAT HE IS THE SOLE RESPONSIBLE OF USING SAID WEBSITE AND ITS CONTENT. VLEX EXCLUDES ALL WARRANTIES, EXPRESSED AND IMPLIED, TO THE UPMOST LIMIT PROVIDED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO THE WARRANTY THAT THE INFORMATION PROVIDED IS ACCURATE, RELIABLE, CORRECT, COMPLETE, ADEQUATE, OR PERTAINING TO A PARTICULAR PURPOSE, OR THAT THIS WEBSITE OR ITS CONTENT DOES NOT HAVE CONTENT OR FUNCTION ERRORS, OR THAT THE SERVERS THAT HOST THE SERVICE ARE WITHOUT VIRUS.
9.2. Limitation of Responsibility
VLEX SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES DUE TO THE USE, OR THE INABILITY TO USE THE SERVICE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO ANY DIRECT OR INDIRECT DAMAGE, CASUAL OR OF ANY KIND, INCLUDING LEGAL FEES.
VLEX, ITS SUBSIDIARIES, THIRD PARTY SERVICE PROVIDERS, AND AFFILIATES, EXECUTIVES, ADVISORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, OR ANY OF THEIR SUCCESSORS SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGE (INCLUDING, BUT NOT LIMITED TO LEGAL FEES, EMERGING DAMAGES, OR LOSS OF PROFIT) THAT SHOULD ARISE DUE TO THE USE OF THIS WEBSITE, INCLUDING ITS CONTENT, WITH INDEPENDENCE OF NEGLIGENCE ON THE PART OF VLEX, ITS AFFILIATES, ITS EXECUTIVES, ADVISORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, OR THEIR SUCCESSORS.
VLEX DOES NOT UPHOLD ANY RESPONSIBILITY DUE TO A LACK OF SERVICE AVAILABILITY FOR A DETERMINED PERIOD OF TIME, WHETHER IT BE FOR TECHNICAL ISSUES, SYSTEM MAINTENANCE, INTERFERENCE, INTERRUPTION OF INTERNET SERVICE BY THE INTERNET PROVIDERS, OR FOR ANY OTHER CAUSE.
9.3. No Legal Counsel.
At no point whatsoever shall anyone consider that VLEX is offering legal or corporate counsel, that there is an attorney-Customer relationship, or that some of the information provided to VLEX by the Customer is a professional secret.
VLEX, and the third party content providers do not offer warranties, neither express nor implied, regarding the Service and its Contents, its quality or suitability for specific purposes, its preciseness, or how updated or complete it may be. On occasion, VLEX may provide translations for specific documents. The Customer acknowledges that said translation is merely informative and it is provided simply for the general understanding of the translated document. The Customer is responsible for soliciting a professional translation from a third party.
If the Customer is an attorney, he or she accepts that in certain countries and jurisdictions the Rules of professional conduct may apply in relation to his or her use of this website and its Content. In the jurisdiction where “Common Law” applies, the Customer expressly agrees that it shall be his exclusive responsibility to make sure that any given case is still applicable. The Customer assumes that all the documents included in the Service are merely for guidance purposes and that any decision taken based upon said documents are made at the Customer’s own risk.
9.4. No Responsibility for Third Party Content.
The Service includes contents provided by third parties. VLEX does not share the opinions expressed by said third parties or by their authors. Specifically, VLEX shall not be held responsible for any error, omission, opinion, documents/information that isn’t current, or for any assertion made in the contents provided by third parties on its website.
VLEX shall not correct or modify the original content of those who provide the content and/or of official sources, which is why it renounces any and all responsibility for any mathematical or factual errors that may appear in said texts, as well as for the possible errors pertaining to personal information that may accidentally appear in the legal information provided.
9.5. Third Party Publicity.
VLEX shall not be responsible for any information on its website provided by any sponsor or advertiser. The advertisers are solely responsible for fulfilling current legislation.
10. DURATION
10.1. Duration of the Contracted Subscriptions
The Purchase Order or Registration Form will define the duration of the contracted subscriptions. The parties may terminate it in the way, and with the conditions described in the respective clause within the present text.
The parties acknowledge that dividing the total sum in order to pay in monthly installments is not equivalent to dividing it equally. Dividing the total sum is merely a way to provide financial aid for the CUSTOMER, who is obligated to pay the full amount agreed in the contract.
The Customer’s obligations related to the Content will remain in force even after the contract has ended.
10.2. Termination
VLEX May automatically terminate its contract with the Customer without previous notice if and when the following situations occur:
(a) Customer’s delay or failure to fulfill his payment obligations and (b) Customer’s failure to uphold any clause of these General Terms and Conditions as well as the Special Conditions that apply to specific products, services, or contents.
VLEX is otherwise obligated to provide the Customer with the service and the Customer is obligated to fulfill the payment obligations for the entire duration of the contract.
If the parties agree on dividing the payment of the subscription, product, or service contracted by the Customer in different installments, both parties must fulfill their obligations for as long as the contract is in force. A unilateral and anticipated decision taken by either party regarding the contract for any motive, aside from those that have been established, shall not relieve the party that has urged the resolution regarding payment obligations or the rendering of services originally accepted during the subscription period of the contract, regardless of the amount of invoices issued or not issued.
10.3. Automatic Renewals
If, once the contracted period or any extension of said contracted period has expired, none of the parties sends a written document expressing firmly and clearly that they do not want to renew the Product, Service, or Subscription they have contracted, these shall be renewed without further notice for time periods of equal length. Said statement must be sent at least 30 days before the automatic renewal date.
Providing access keys, downloadable files or the ability to see the Content means, at all times, the fulfillment of the contract on the part of VLEX. Consequently, once these steps have been made, the Customer will not be able to return, cancel his registration, or in any way try to dissolve the contract for the Products or Services, nor will he be able to urge for their withdrawal.
11. FREE TRIALS
VLEX offers, in special situations, a Free Trial by subscription of some of its Services. This Free Trial will last for an amount of time specified in the Registration Order. These Free Trials may only be applied to new customers or to some old customers. VLEX reserves the right to, at its sole discretion, determine who is eligible for these Free Trials.
We may ask for payment information in order to activate this Free Trial. In this case, you acknowledge that VLEX may obtain a pre-authorization to verify that the method of payment that has been provided exists, that it corresponds to a real person, and that it has funds. He also acknowledges that we might make a small charge for the same purpose, and that said charge will be returned immediately. These charges are not real and VLEX shall not be held responsible for any consequence derived from them.
VLEX shall issue the corresponding invoice and will proceed to charge the Subscription after the Free Trial is over unless the Customer cancels his trial before it ends. You may not receive communication from us stating that your Free Trial has expired and that your subscription period has begun. In order to check specific details of your Subscription, including the price and expiration date of the Free Trial, please click on the “Account” tab within the Services of VLEX. You may also talk to our Customer Service if you need any additional information on how to cancel your Free Trial. VLEX will keep billing and charging the subscription cycles that arise until you cancel said subscription.
12. REFUND POLICY
If you are not satisfied with your online subscription or if you forgot to cancel VLEX a couple of months ago, and you haven’t used VLEX since then, we’ll give your a full or partial refund on a case-by-case basis. Policy applies only to online sales paid with credit card.
13 COMPANY UNDER CONTRACT APPLICABLE LAW AND JURISDICTION.
13.1. Company Under Contract.
Unless stated otherwise when you register or when you accept the Purchase Order,
13.2. Applicable Law
Unless the Purchase Order explicitly states otherwise, these General Terms and Conditions are regulated by:
13.3. Jurisdiction
Unless the Purchase order states otherwise, the parties. The parties are subject to any dispute with express waiver of any other legislation:
14. OTHER PROVISIONS
14.1. Validity
The declaration of nullity, invalidity, or inefficiency of any of these conditions may not affect the validity or efficiency of the other conditions, which will still be binding between the parties. For the purposes of the contractual relationship, all references to days shall be construed as references to calendar days . If the fulfillment of an obligation were to fall on a non-working day, the calendar day immediately following shall be construed as the new compliance date.
14.2. Anti-Corruption
The Customer has not received or been offered any sort of payment or gift from our employees or agents that are in any way connected to this Contract. Low-value gifts that are common in this business do not constitute a violation of this this contract. If you have knowledge of a violation of this limitation, you must inform said violation to legal@vlex.com
14.3. Contents Included in Intellectual Property
The contents included in VLEX have either been created for VLEX by third parties or they are part of the public domain. In terms of contents owned by third parties, VLEX has licensed newspaper articles, magazines, books, treaties, dissertations, and other materials from those who have expressed they have the rights to license them (usually the publisher that published the documents or the author himself). If you are an author and you have questions or doubts regarding the electronic distribution of your materials, we recommend you contact your Publisher directly. If you don’t agree that your Publisher has the rights to authorize the distribution of these material son VLEX, you may contact us directly in writing in accordance with what is publish on http://vlex.com/help_center/notice_to_authors.
14.4. Compensation & Indemnification
The Customer will compensate VLEX and its Affiliates, executives, advisors, employees, subcontractors, agents, or their successors, of any complaint, damage, or payment that may result in the violation of these General Terms and Conditions.
The Customer agrees to indemnify VLEX from all liabilities, expenses, and damages arising out of any wilful misuse of the site by the user.
The Customer confirms that they are the owner of the documents that they upload into the Intelligent Technology Services, or have sufficient permissions or rights to do so. The Customer will defend and indemnify VLEX against all costs, including legal fees, in the event a third party asserts that the use of said documents infringes a copyright, patent or other intellectual property right.
14.5. Signing the Agreement
The prior identification by the username and password enable the holder to operate under these general conditions. Both parties accept the legal equivalence of the use of identifiers for the holder’s signature.
14.6. Transfers
The Customer will not be able to transfer or subcontract its obligations. If the matter arises that a customer transfers its obligations to a third part, even companies within the same business group, VLEX may terminate the Service and the Customer may not submit a single complaint. VLEX may transmit their contractual position to any affiliate or service provider.
14.7. Promotional Use
The Customer accepts that VLEX may use his name and/or logo to identify him as a VLEX customer for its marketing and proportional purposes as well as those of VLEX Services as well as for other purposes related to the VLEX business.
14.8. Legal Fees
The Customer will take care of any reasonable legal fees incurred by VLEX in order to charge the outstanding balance of the Services as well as other charges associated to the provisions in these Terms and Conditions.
ADDITIONAL TERMS
Use of the Service and its Content by the Customer will be governed by these Terms and Conditions, the privacy policy, and any Supplementary Terms and could exist for specific materials (that shall be collectively referred to as “Terms and Conditions” of VLEX). Using the Service of VLEX, registering for said service, as well as buying or subscribing to any product or service of VLEX constitute that the Customer agrees to the Terms and Conditions of VLEX. If the Customer does not agree with any of these Terms and Conditions, the Customer will not be authorized to use the Service or its Content.
The following terms and conditions are incorporated in all licences to use the vLex Justis Service, including any additional Service added at a later date
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF THE TERMS AND CONDITIONS
These Terms and Conditions govern the legal relationship between vLex Justis and you as a user and/or Customer of vLex Justis. It also applies if you use our Website, if you sign up for a free trial of our services, or if you subscribe to our services through any of our affiliates or network of distributors.
By browsing our website, clicking on the “accept” box on a web registration or by accepting a purchase order that upholds these conditions, you are accepting these Terms and Conditions. The purchase order will not contradict what it is stated in these Terms and Conditions except when such possibility is stated clearly in the purchase order. If you do not agree with these Terms and Conditions, we beg you to abstain from using this website, logging onto it, or requesting any services provided by vLex Justis.
If the Customer is a legal entity, the person accepting these Terms and Conditions verifies that he or she has been authorized by the Customer to accept said Terms and Conditions under the Customer’s name. If you are unauthorized, or if you do not accept these terms and conditions, you should not use the services of vLex Justis.
You may not access our services if you are a direct competitor unless there’s a previous understanding with vLex Justis.
2. DEFINITIONS
Account administrator: the user of the organisation designated and authorized by the Customer to amend the Customer settings on our services as well as to activate or delete users from said organisation.
Affiliate: for the purposes of these General Conditions, an “affiliate” is any entity that controls or is controlled, directly or indirectly, or that is under the control of vLex Justis. For the purposes of this definition, “control” means that there is a direct or indirect control or possession of the title of ownership or of more than 50% percent of the votes of said entity.
Agreement: the agreement comprising the Order Form and these terms and conditions;
Content: The information obtained from vLex Justis (via our Website or Service), whether it be content generated by vLex Justis or by a third party that has licensed its contents to vLex Justis, or content that has been obtained from public sources.
This also includes images, illustrations, and PDF images as well as the software, design, icons, and any other content that is or that will be on the vLex Justis Website and Service in the future.
Contracted services: the Services that the Customer has purchased/subscribed to through the Order Form or the Online Registration Form.
Customer: the person or legal entity/organisation that subscribes to vLex Justis.
Intelligent Technology Services: any or all of the products or services provided by VLEX under the brand ‘vLex Cloud’, ‘Vincent’ or ‘vLex for Word’.
Licence: unique, individual, non-transferable access given to each and every one of the users that are permitted to use our Service.
Order Form the initial document and any subsequent documents, whether in paper or electronic format, signed or otherwise accepted by the Licensee indicating the Services or Products that the Customer is requesting and that vLex Justis or its affiliates will provide, as well as the price and Terms and Conditions. It also includes any supplement or annex. The term Order Form is also considered to be the form completed online or the contract executed by the parties. Accepting an Order Form implies accepting these Terms and Conditions as if they were part of the original.
Online Registration: the online activation of the Customer’s Services, whether they be free or purchased, where the Customer’s and the users’ information is provided.
Online Registration Form: a section of our Website which can be used for Online Registration.
Service or Product: all products and services, whether they be free or purchased, available on the Website, as well as the Website applications that have been added by vLex Justis for the Customer.
Subscription Period: The length of time stipulated on the Order Form or through any other forms of agreement, during which the Service or Product will be available to the Customer or User.
Terms and Conditions: The general terms and conditions included in this document, including the particular terms and conditions.
User: The people authorised by the Customer to use the Service within his organisation, for whom the service has been requested and for whom the Customer (or vLex Justis under the Customer’s request) has created a username and password, or other identification/authentication methods accepted by vLex Justis.
User Content: all the information and electronic data generated by users of our Service such as tags, logos, notes, names of files, key words, documents, etc. while using the Service.
Website: the internet sites, including vLex.Justis.COM, other domains that include the vLex Justis label, any other such domain names that vLex Justis will introduce in the future, and those that are operated by vLex Justis affiliates.
3. MODIFICATION OF THESE TERMS AND CONDITIONS
vLex Justis may modify the Terms and Conditions of the Service at any time in the future. The modified versions of the Terms and Conditions will appear on the above website and the Customers will be notified accordingly. Upon issuing such notifications the new Terms and Conditions will come into force immediately. It is the Customer’s responsibility to check the new Terms and Conditions and how they may impact their use of the Service. Continuing to use the Service constitutes the acceptance of the modifications applied.
4. ADDITIONAL TERMS
The Customer acknowledges that the use or engagement with certain Services or Contents may be subject to Supplementary Terms, which will be published or communicated to the Customer on the Order Form.
Particular contents provided by GALE GROUP will be regulated by the following specific Conditions:
“The Licenced Content is copyrighted by the Gale Group, Inc. (“Gale”). The Licenced Content is provided “as is” without warranty of any kind. Neither Gale nor any of its data suppliers make any warranty whatsoever as to the accuracy or completeness of the Licenced Content or the results to be obtained from using the information contained therein and neither Gale nor any of its data suppliers will be responsible for any claims attributable to errors, omissions, or other inaccuracies in the information contained in the Licenced Content. The entire risk for the results and performance of the Licenced Content is assumed by the user. Further, neither Gale nor any of its data suppliers make any representations or warranties, either express or implied, with respect to the Licenced Content, including, but not limited to, the quality, performance, merchantability or fitness for a particular purpose of the Licenced Content or any information contained therein. In no event will Gale or any of its data suppliers be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Licenced Content or for any loss or damage of any nature caused to any person as a result of that use.
Material contained in the Licenced Content may not be duplicated or redistributed without the prior written consent of Gale, except that one print copy of search output is permitted for use within the customer’s organisation and that search output may be stored temporarily in electronic media for editing or reformatting and subsequent printing of one print copy of search output for internal use.
Any advertising or navigational link to e-commerce products and services displayed on vLex Justis’ website are not provided by Gale or its publishers.”
5. RESPONSIBILITIES OF VLEX JUSTIS
5.1. Provisions of the Contracted Services
vLex Justis will provide access to the Services and Contents specified on the Order Form. It will also provide the required customer services in relation to the use of the Service or Product at no additional charge. vLex Justis will make reasonable efforts to ensure that the Contracted Services are available 24 hours a day, 365 days a year, at the level of standards of the Online Information Industry. The exceptions will include circumstances when the Customers have been previously informed of the unavailability, such as essential maintenance, and Government orders, as well as circumstances beyond the reasonable control of vLex Justis, such as faults on Internet networks, computer attacks and other such failures.
5.2. Our Privacy Policy and Protection of Personal Information
vLex Justis shall not, and shall use all reasonable endeavours to ensure that no servant or agent of vLex Justis shall, without the consent of the Customer, disclose to any third-party information relating to searches carried out by the Customer using the Service.
vLex Justis shall comply with all applicable Data Protection legislation including the United Kingdom Data Protection Act 2018 and the EU Regulation 2016/679 (General Data Protection Regulation), whichever laws are applicable during the Subscription Period, and in particular shall not disclose the identity of or data about the Users to any third party other than a purchaser of vLex Justis’ assets or business.
The Customer and the Users shall ensure that details of this agreement shall remain confidential and shall not be disclosed to any other party.
6. USE OF SERVICE OR PRODUCT
6.1. Professional Conduct
The Website, the Products and Services offered by vLex Justis have been specifically designed and implemented for professionals as well as universities, public institutions, and companies. Therefore, the regulations in force regarding the use of services by consumers and for personal use are not covered in these Terms and Conditions. If you are an individual and would like to use our Website or Services for personal use, please contact us in order to arrange a contractual framework that will regulate the relationship between you and vLex Justis.
6.2. Subscriptions
Unless otherwise specified on the Order Form or the Online Registration Form, subscriptions to vLex Justis Services or Products are automatically renewed.
6.3. Contracted Licences
Unless otherwise specified in the Order Form or in the Online Registration Form, the Service or Product may not be used by more individuals than the contracted Licences. If only one Licence has been assigned or purchased, the User accepts that he or she will be the only person authorised to use his or her ID and password to access the Service. If a legal entity or organisation subscribes to the Service, only as many individuals as contracted Licences may access the service.
The person designated as Account Administrator by the Customer will be able to create and update the details of the users authorised to access, up to and including the number of contracted Licences purchased.
vLex Justis will only be able to enable unlimited Access for the Customer’s IP range if this arrangement has been stipulated on the Order Form.
The use of VPN systems or other similar systems that allow the access of vLex Justis from outside the permitted IP range is prohibited unless specifically indicated on the Order Form.
6.4. General Responsibilities of the Customer
The Customer will take all reasonable steps to ensure that the Service is used in accordance with this agreement and to prevent unauthorised access to the Service.
The Customer shall use its reasonable endeavours to monitor the use of the Service by the Users or otherwise via access provided under this Agreement. Upon becoming aware (or being notified by vLex Justis) of any misuse of or unauthorised access to the Service, the Customer shall immediately give full details to vLex Justis, prevent any further misuse by the Users and use all reasonable endeavours to prevent any other unauthorised access to or misuse of the Service by third parties.
The Customer is responsible for ensuring that computer hardware and software used for accessing the Service pursuant to this Agreement are capable of accessing the Service. The Customer is responsible for arranging for the making of regular backup copies of the contents of the hard disks of any computer on which the Service is being installed or used and for using appropriate anti-virus software when accessing the Service. vLex Justis is not responsible for the availability of links to third party materials or the contents of those materials.
Transferring or sharing the information that allows individuals or organisations who are not Users or Customers to access the Service is a serious breach of this Agreement. In the case of such a breach the Customer will be responsible for any damage or loss, as well as the costs that vLex Justis may incur, including all legal costs.
For the purposes of this Agreement, every unauthorised access to the contents, Products, and/or Services offered by vLex Justis will be considered as chargeable use by the Customer whose access details were used for the unauthorised access. vLex Justis will therefore levy an extra charge, and will issue appropriate bills or invoices accordingly.
The Customer will be responsible for providing complete and accurate contact information to vLex Justis, and will provide regular updates. All communications between vLex Justis and the contact information provided by the Customer has, for all intents and purposes, legal validity.
6.5. Permitted Activities
The Customer and 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 Customer) may also be printed from the Products 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 Customer acknowledges that third parties may have a proprietary interest in parts of the Service and the Customer agrees not to remove, conceal or obliterate any copyright or other proprietary notices included in the Service.
6.6. Prohibited Activities
Except as permitted in 6.5, the Customer and its Users may not copy, duplicate, sell, download, resell, translate, re-publish, or transmit any section of the Website, the Product or its content, whether it be for commercial or non-commercial use.
The Customer may not sublicense, reuse, compile, rent, sell, use reverse engineering, or create sections that are derived from the Website, the Service or its Content. The Customer may not use framing technique or any other technique that would hide the label, logo, or other sections of the Website or the Service without prior written consent from vLex Justis.
It is expressly prohibited to misuse, download, copy, or reuse a substantial part or the entire Content, regardless of the purpose. Without prejudice of the right to claim for damages, any downloads that violate the aforementioned limitations will be considered as individual purchases of documents and will be charged according to the current rates of the services provided by vLex Justis.
The Customer may not use automatic software or otherwise manually copy or monitor the service of vLex Justis and/or its content without prior written consent from vLex Justis. The Customer may not manipulate or use the Content of vLex Justis to create publications and/or services of any kind, especially those that could be compared or that could compete in any way with the services and/or Content that vLex Justis offers now or in the future. It is expressly prohibited to include Content from vLex Justis on any databases of any kind, whether they are public or private, as well as free of charge or for a fee.
6.7. Geographical Limitations
Licenses may be restricted to specific geographical areas as agreed between the Customer and vLex Justis and recorded on the Order Form or the Online Registration Form. vLex Justis may implement technical measures to prevent access that would violate such restrictions.
6.8. Limitations by Type of Customer
The Services provided by vLex Justis include different contents and functions depending on the Customer (a small law firm, a big law firm, an academic institution, a public administration, or a company). The Customer agrees not to subscribe to a service that is intended for another type of Customer. The breach of this limitation will give vLex Justis the right to terminate the Agreement and/or demand payment of the Services and Licences that correspond to the appropriate type of Customer.
6.9. Monitoring of Use of the Service
vLex Justis reserves the right to monitor and keep records of the Customer’s use of the Service and its Content, the search history, and the IP address from which the Customer accesses the Service. Such monitoring will be for the purpose of improving the Service and ensuring that vLex Justis will be able to fulfil its obligations, as well as investigating possible violations of these Terms and Conditions. vLex Justis may cancel access to the Service if it identifies patterns of use contrary to these Terms and Conditions, especially in the case of excessive downloading, emailing or printing of documents, access by unauthorised Users, or the use of the information for unauthorised use.
7. PRICES AND PAYMENTS
7.1. Prices
The Customer will pay the amount specified in the Order Form or in the Online Registration Form, or once the Free Trial expires. Unless otherwise specified in the Order Form or in these Terms and Conditions:
these prices are as agreed for the Services and Contents, not based on the use or the effective use of the Service by the Customer;
payment obligations may not be cancelled and payments that have already been made are non-returnable; and
the number of contracted Licenses may not be reduced during the Subscription Period.
7.2. Billing and Collection
The Customer may receive one or more invoices corresponding to the contracted Services, and will provide the required information for one of the payment methods accepted by vLex Justis. If the Customer provides credit card or a bank account details, vLex Justis will be automatically authorised by the Customer to process the charges with said credit card or bank account for all the Products or Services indicated on the Order Form or the Online Registration Form. This authorisation will apply to the initial Subscription Period as well as future renewals if the Customer decide to renew its subscription.
Said charges will be processed in advance through any of the payment methods provided by the Customer, whether it be monthly or annually, or in whatever frequency indicated on the Order Form or the Online Registration Form.
7.3. Payment Delay Charges
In the event that any amounts due to vLex Justis are not paid by the due date vLex Justis will be entitled to charge interest at 4% over LIBOR, both before and after any judgment, and to suspend provision of the Service, in each case until full payment is made.
The Customer may also be expected to pay any bank fees or other charges incurred by vLex Justis if the method of payment chosen by the Customer will not result in the full payment of the invoice value. These penalties will only apply if vLex Justis communicates to the Customer the full details of the outstanding balance in writing, such as through an invoice. Payments will be allocated to settle the oldest debt first.
7.4. Service Suspension and Recovery Acceleration.
In case of delay in payment or an outstanding balance of any kind, vLex Justis may, without relinquishing any other rights:
demand expected payment of any outstanding balance, regardless of any instalments previously agreed. In such cases, vLex Justis may notify the Customer of the new outstanding balance in writing, and said outstanding balance shall be paid in full by any method of payment accepted by vLex Justis; and/or
temporarily suspend access to the Product or the Service until the outstanding balance is paid in full.
Failure to pay the sum before the end of the Subscription Period does not relieve the Customer from the obligation to pay the amounts accrued up to that time, as well as those that are subsequently accrued until the term of the Subscription Period expires.
For the purposes of this Agreement, the Customer expressly acknowledges its debt towards vLex Justis of the amount of all fees accrued and unpaid as well as the fees accrued up to the completion of the Agreement.
In either case, the Customer commits to pay the sum owed when it receives a formal notice from vLex Justis.
7.5. Collection Services
The complete or partial breach of the obligation of payment will enable vLex Justis to take the necessary actions against the Customer by enforcing its rights and commercial interests. In such cases, said actions include Subscribing to the services of a collection agency to obtain any amounts owed, transferring its rights as creditor and/or all information necessary to recover said debt.
Our prices do not include any taxes or withholdings unless otherwise stated. It is the Customer’s responsibility to pay any taxes associated with their Subscription prices.
7.6. Suitability
The Customer acknowledges that their Subscription to the Service or the Product does not depend on the existence of a specific feature or content, or of any verbal or written remarks related to the suitability of the current or future content for the Customer’s requirement. It will be the Customer’s sole responsibility to determine the suitability of the Service or the Products for its purposes and Users.
7.7. Discounts
Unless otherwise expressly stated on the Order Form, all discounts apply to first year licence fees only and the Subscription Fee for the second and subsequent years will automatically revert to Justis’ full prices then prevailing.
If, at the time of starting a new subscription the Customer is already subscribed to another vLex Justis Service, as a result of which it benefits from a special discount, the Customer agrees to keep both (or all related) subscriptions for as long as the terms of the discount apply. If the Customer fails to continue to subscribe to the agreed Services or Products vLex Justis will automatically apply the full prices to the rest of the subscriptions.
8. RESERVATION OF RIGHTS and LICENSE OF USE
8.1. Intellectual Property Rights and Copyright
All the labels, copyrights, graphics, or logos of vLex Justis available on the Website, the Service or the Product are the property of vLex Justis and are protected by international law, as well as all the relevant laws of the country in which the Customer resides or vLex Justis operates. These protected materials may not be copied, transferred, reproduced, or photocopied in any way, partially or completely, without prior written consent from vLex Justis. The logos and distinguishing signs and symbols of third parties are the property of their respective owners, and vLex Justis is not authorised to transfer or license the use of said symbols. The Customer must obtain authorisation directly from the respective owner to use them for any purpose. The Customer must not remove or hide any references to copyright, labels, and patents included in the Products and Services from vLex Justis when printing documents.
vLex Justis and third party content providers reserve the rights concerning the Services and Contents included therein, including all the Intellectual Property and Industrial rights. Access to the service or the previously mentioned content by the Customer does not involve any type of resignation, transmission, or whole or partial transfer of these rights, nor does it confer any right to use any of the said rights partially or on the whole. It also does not bestow any rights of use, license, or right to alter, exploit, reproduce, distribute or public communication of said content other than those explicitly outlined in these Terms and Conditions, without prior and express approval of vLex Justis. The Customer shall not own or acquire any right over vLex Justis’s Content, and he expressly recognises that vLex Justis’s Service and Content on the Website are protected by Intellectual and Industrial Property rights.
vLex Justis hereby informs the Customer that the Services may contain hidden identifiers as well as intentional errors in escrow in order to prove ownership of existing rights in the Content and the substantial investment made to create and update it.
8.2. Licence of Use of Service and Content of vLex Justis
vLex Justis grants the Customer a non-exclusive, individual and non-transferable, revocable and limited license of use in order to access the contracted Service and Product according to these Terms and Conditions.
The license of use given to the Customer includes the right to electronically view the content included in the contracted Service as well as the right to download the Content in an electronic format and/or print limited sections of said Contents for the exclusive professional use of the Customer.
The Service or the Product may only be used by the Customer or the Users associated with the Customer through a working, commercial, educational relationship, or a similar collaborative, dependent or subordinate relationship, and as long as said use is within the IP range of the Customer’s Organization and for the agreed purposes.
8.3. User Content
Users may add their own material such as documents, comments, tags, logos, key words, among others to a vLex website or service (“User Content”). The rights granted by the Customer to VLEX for the use of the User Content are as follows:
a) Any User Content added via the Intelligent Technology Services shall remain the sole property of the Customer, and VLEX shall have no perpetual rights to use, reproduce, modify, adapt, publish, publicly show, translate, derive, or distribute said materials, or to include said materials in any form, method, or way that exists or may exist in the future. All such rights or similar permissions shall only be given to VLEX for the provision of the Intelligent Technology Services and according to the Terms and Conditions of said services.
b) For any other VLEX products or services, the Customer grants VLEX (or the authorized person ensures that the Organization has expressly granted) a perpetual, worldly, free, irrevocable, and nonexclusive right and license to use, reproduce, modify, adapt, publish, publicly show, translate, derive, or distribute said materials, or to include said materials in any form, method, or way that exists or may exist in the future. Mentioning in the Service that a certain portion of the content is “private” shall be defined as content that VLEX will assure can only be accessed by said Customer in a general nature, but that due to the very nature of Internet services VLEX cannot guarantee that third party users may have timely access to the previously mentioned Content, whether it be due to technical errors or any other cause.
In any case, the Customer states that he knows this fact and indemnifies VLEX and its affiliates for any claim for this reason, hereby committing not to add any information into the VLEX Service that is either confidential or that might constitute as a disclosure of secrets, or a breach of the duty of professional secrecy. The Customer states that the personal information provided does not infringe upon the Intellectual Property of a third party, and should the case arise that a complaint is filed, he shall be the only responsible entity and shall hold VLEX and its subsidiaries harmless of any alleged Intellectual Property infraction in terms of any content or information provided by the Customer through the website.
9. WARRANTIES AND LIMITATION OF RESPONSIBILITY
9.1. Warranties
THE WEBSITE, SERVICE AND PRODUCT ALONG WITH THEIR CONTENT ARE PROVIDED “AS IS”. VLEX JUSTIS AND ITS THIRD PARTY PROVIDERS OF CONTENT DO NOT OFFER WARRANTIES OF ANY KIND, NEITHER EXPRESSED NOR IMPLIED, WITH REGARDS TO THE FUNCTIONING OF THE SERVICE AND ITS CONTENT, OR ANY TRANSLATIONS INCLUDED. THE CUSTOMER EXPRESSLY CONFIRMS THAT IT IS SOLELY RESPONSIBLE FOR THE USE OF SAID WEBSITE, SERVICE OR PRODUCT AND THEIR CONTENT. VLEX JUSTIS EXCLUDES ALL WARRANTIES, EXPRESSED AND IMPLIED, TO THE UPMOST LIMIT PROVIDED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO THE WARRANTY THAT THE INFORMATION PROVIDED IS ACCURATE, RELIABLE, CORRECT, COMPLETE, ADEQUATE, OR PERTAINING TO A PARTICULAR PURPOSE, OR THAT THIS WEBSITE OR ITS CONTENT DOES NOT HAVE CONTENT OR FUNCTION ERRORS, OR THAT THE SERVERS THAT HOST THE SERVICE ARE WITHOUT VIRUSES.
9.2. Limitation of Responsibility
VLEX JUSTIS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES DUE TO THE USE, OR THE INABILITY TO USE THE SERVICE OR THE PRODUCTS OR THEIR CONTENTS, INCLUDING BUT NOT LIMITED TO ANY DIRECT OR INDIRECT DAMAGE OF ANY KIND, INCLUDING LEGAL FEES.
VLEX JUSTIS, ITS THIRD PARTY DATA PROVIDERS, AFFILIATES, EXECUTIVES, ADVISORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, OR ANY OF THEIR SUCCESSORS SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGE (INCLUDING, BUT NOT LIMITED TO LEGAL FEES, EMERGING DAMAGES, OR LOSS OF PROFIT) THAT SHOULD ARISE DUE TO THE USE OF THE SERVICE OR THE PRODUCT, INCLUDING THEIR CONTENT.
VLEX JUSTIS DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE LACK OF SERVICE AVAILABILITY FOR A DETERMINED PERIOD OF TIME, WHETHER IT BE FOR TECHNICAL ISSUES, SYSTEM MAINTENANCE, INTERFERENCE, INTERRUPTION OF INTERNET SERVICE BY THE INTERNET PROVIDERS, OR FOR ANY OTHER CAUSE.
9.3. Legal Advice
vLex Justis or its employees will not provide legal advice and will act as an attorney for the Customer.
vLex Justis, and all its third-party content providers do not offer warranties, neither express nor implied, regarding the Service or the Product and their Contents, their quality or suitability for specific purposes, their accuracy, or how up-to-date or complete they may be. In some circumstances, vLex Justis may provide translations for specific documents. The Customer acknowledges that said translations are merely informative and they are provided only for the general understanding of the translated document. The Customer will responsible for soliciting a professional translation from a third party if so required.
If the Customer is an attorney, he or she accepts that in certain countries and jurisdictions the Rules of professional conduct may apply in relation to his or her use of the Website, the Service or the Product and their Content. In the jurisdiction where “Common Law” applies, the Customer expressly agrees that it shall be its exclusive responsibility to make sure that any given case is still applicable. The Customer assumes that all the documents included in the Service are merely for guidance purposes and that any decision taken based upon said documents are made at the Customer’s own risk.
9.4. Responsibility for Third Party Content
The Service or the Product include contents provided by third parties. vLex Justis does not share the opinions expressed by said third parties or by their authors. Specifically, vLex Justis shall not be held responsible for any error, omission, opinion, documents or information that isn’t current, or for any assertion made in the contents provided by third parties on its Services.
vLex Justis shall not correct or modify the original content provided by third parties or the official sources, and it therefore cannot accept any responsibility for any mathematical or factual errors that may appear in said texts, as well as for the possible errors pertaining to personal information that may accidentally appear in the documents provided.
9.5. Third Party Publicity
vLex Justis shall not be responsible for any information on its Website or Service provided by any sponsor or advertiser. The advertisers are solely responsible for adhering to prevailing legislation.
10. DURATION
10.1. Duration of the Subscriptions
The Order Form or the Online Registration Form stipulate the duration of the Subscription Period. The parties may terminate this Agreement subject to the Terms and Conditions therein.
The Customer’s obligations related to the Content and the Intellectual Property rights will persist the termination of This Agreement for whatever reason.
10.2. Termination
vLex Justis may automatically terminate this Agreement without prior notice if and when the following situations occur:
The Customer’s delay or failure to fulfil its payment obligations;
The Customer’s failure to perform its obligations as set out in these Terms and Conditions as well as the Special Conditions that may apply to specific products, services, or contents;
If the parties agree on dividing the fees payable by the Customer into a number of instalments, both parties must fulfil their obligations for as long as this Agreement is in force. A unilateral decision taken by either party regarding the termination of this Agreement for any reason other than those that have been permitted in the Agreement, shall not relieve the party of its obligations, including but not limited to payment obligations.
10.3. Automatic Renewals
If either party wishes to terminate this Agreement at its expiry date, they must confirm their decision at least 30 days before the expiry of the Agreement. Failure to do so will result in automatic renewal of the Agreement, in which case the Agreement will be renewed for the same period of time as the previous Subscription Period.
Provision of access keys and the ability to access, view and download the Content means the fulfilment of this Agreement by vLex Justis. Therefore, once these conditions have been satisfied the Customer will not be able to terminate this Agreement for any reason.
11. FREE TRIALS
vLex Justis offers, in some circumstances, a Free Trial of some of its Services or Products. This Free Trial will last for a period of time specified in the trial form. vLex Justis reserves the right, at its sole discretion, to determine who is eligible for these Free Trials.
We may ask for payment information in order to activate a Free Trial. In such cases, you acknowledge that vLex Justis may obtain a pre-authorisation to verify that the method of payment that has been provided exists and is valid, that it corresponds to a real person or organisation, and that it has funds. You also acknowledge that we may make a small charge for the same purpose, and that said charge will be returned immediately. These charges are not real and vLex Justis shall not be held responsible for any consequence derived from them.
vLex Justis shall issue a corresponding invoice and will proceed to charge the Subscription fee after the Free Trial is over unless the you cancel the trial before it ends. You may not receive communication from us stating that your Free Trial has expired and that your subscription period has begun. In order to check specific details of your Subscription, including the price and expiration date of the Free Trial, please click on the “Account” tab within the Services of vLex Justis. You may also talk to our Customer Service representative if you need any additional information on how to cancel your Free Trial.
12. REFUND POLICY
If you are not satisfied with your online subscription or if you forgot to cancel it, and you haven’t used your subscription since the automatic renewal, you will be entitled to a full or partial refund. This policy is on a case-by-case basis and only applies to online sales paid with credit card.
13. GOVERNING LAWS
Unless the Order Form or the Online Registration Form explicitly state otherwise, these Terms and Conditions are regulated by:
This Agreement and any dispute or claim relating to it or its subject matter, its enforceability or its termination (including non-contractual disputes or claims) is to be governed by and construed in accordance with the law of England and Wales.
Each party agrees that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
14. OTHER PROVISIONS
14.1. Validity
The declaration of nullity, invalidity, or inefficiency of any of the Terms and Conditions of this Agreement will not affect the validity of the other Terms and Conditions, which will still be binding and in full effect.
14.2. Anti-Corruption
We believe that The Customer has not received or has been offered any payment or gift from our employees or agents that are in any way connected to this Agreement. Low-value gifts and hospitality do not constitute a violation of this this Term. If you have knowledge of a violation of this Term, you must inform said violation to hello@vlex.com
14.3. Contents Included in Intellectual Property
The contents included in vLex Justis have either been created for vLex Justis, by third parties or they are in public domain. In terms of contents owned by third parties, vLex Justis has licensed case law, newspaper articles, magazines, books, treaties, dissertations, and other materials from those who have expressed they have the rights to license them (usually the publisher that published the documents or the authors). If you are an author and you have questions or concerns regarding the electronic distribution of your materials, we recommend you contact your Publisher directly. If you don’t agree that your Publisher has the rights to authorize the distribution of these materials on vLex Justis, you may contact us directly in writing at hello@vlex.com.
14.4. Compensation & Indemnification
The Customer will compensate VLEX and its Affiliates, executives, advisors, employees, subcontractors, agents, or their successors, of any complaint, damage, or payment that may result in the violation of these General Terms and Conditions.
The Customer agrees to indemnify VLEX from all liabilities, expenses, and damages arising out of any wilful misuse of the site by the user.
The Customer confirms that they are the owner of the documents that they upload into the Intelligent Technology Services, or have sufficient permissions or rights to do so. The Customer will defend and indemnify VLEX against all costs, including legal fees, in the event a third party asserts that the use of said documents infringes a copyright, patent or other intellectual property right.
14.5. Transfers
The Customer will not be able to transfer or subcontract its obligations. If the matter arises that a customer transfers its obligations to a third party, even companies within the same business group, vLex Justis may terminate this Agreement unilaterally. vLex Justis may transfer their contractual position to any of its affiliates.
14.6. Promotional Use
The Customer accepts that vLex Justis may use their name and/or logo to identify them as a vLex Justis customer for its marketing and proportional purposes.
15. ADDITIONAL TERMS
15.1 For the purposes of this Agreement, all references to days shall be construed as references to calendar days.
DEFINITIONS: In this Licence the following terms will have the following meanings:
Data the information made available by the Service;
Data Provider the owner of the copyright in the Data;
Databases the compilation of the Data in electronic format in one or more databases;
Documentation explanatory text describing the Service and the Data, whether supplied in hard copy or machine-readable format;
this Licence the licence agreement comprising the Order Form and these terms and conditions;
Licensed User any 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 Licensee and, in the case of a licence to a natural person, the Licensee;
Licensee the person, company, organisation, institution or other corporate body subscribing to the Service;
Order Form the initial document and any subsequent document, whether in paper or electronic format, signed or otherwise accepted by both the Licensee and vLex Justis indicating the Service required initially and subsequent changes to the Service required;
Printed Publications the compilation of the Data in hard copy;
Service the provision of any Documentation and Software and/or access to the Databases and/or Printed Publications;
Software any software and any electronic user interface provided by vLex Justis to the Licensee in connection with the Service;
Special Conditions any terms specified as such in the Order Form;
Start Date the date specified as such in the Order Form;
Subscription Fee the fee payable by the Licensee for use of the Service for the period indicated on the Order Form from Start Date;
Term the term of this Licence as specified in the Order Form;
User Terms the terms of use for the Service, as set out in this agreement, under which Licensed Users are to have access to the Service;
vLex Justis vLex Justis Limited, registered in Scotland No 95752 with offices at 4th Floor, Dunn’s Hat Factory, 106-110 Kentish Town Road, London, NW1 9PX.
1. LICENCE
1.1 vLex Justis grants to the Licensee a non-exclusive, non-transferable licence to use and to permit Licensed Users to use the Service in accordance with this Licence only for the business or educational purposes of the Licensee.
1.2 The Licensee shall use all reasonable endeavours to ensure that all Licensed Users comply with the User Terms.
1.3 Where the Licensee is not a natural person, the person signing this Licence represents that s/he is authorised by the Licensee to enter into this licence for and on behalf of the Licensee.
2. PAYMENT
2.1 The Licensee shall pay the Subscription Fee together with any applicable VAT and other taxes in full without any withholding or set-off in accordance with the payment terms specified in the Order Form. Unless specified to the contrary in the Order Form Subscription Fees are payable annually in advance and all invoices are payable within 30 days of issue.
2.2 Unless otherwise expressly stated on the Order Form, all discounts apply to first year licence fees only and the Subscription Fee for the second and subsequent years will automatically revert to vLex Justis’ full prices then prevailing.
2.3 In the event that any amounts due to vLex Justis are not paid by the due date vLex Justis shall be entitled both to charge interest at 4% over LIBOR, both before and after any judgment, and to suspend provision of the Service, in each case until full payment is made.
3. SERVICE ACCESS
3.1 Where access is provided online the Service will normally be available 24 hours a day. The normal availability of the Service may be varied for maintenance on occasions of which vLex Justis will give the Licensee not less than 48 hours’ notice. vLex Justis reserves the right to suspend the Service temporarily and without notice for reasons beyond its control. vLex Justis will provide follow-up notice within 24 hours where this occurs. If the period of suspension lasts more than 14 days, the Licensee may terminate the Licence immediately on written notice.
3.2 vLex Justis reserves the right to make modifications or improvements to the Service but will use its reasonable efforts to give the Licensee advance notice of such changes. Modifications, if any, will either be due to reasons over which vLex Justis has no control or for the purpose of improving the service.
3.3 vLex Justis shall allocate to the Licensee any necessary usernames and/or passwords which control access to the Service. Only those usernames and/or passwords may be used by the Licensee and Licensed Users to access the Service. vLex Justis reserves the right to change the usernames and/or passwords at any time. Time locks or other software procedures may be used by vLex Justis to render superseded versions of the Service inoperable.
3.4 The Licensee shall be responsible for all third-party telecommunications or Internet service charges incurred in order to access the Service.
4. PERMITTED ACTIVITIES
4.1 The Licensee 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 Licensee) may also be printed from the Databases 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.
4.2 The Licensee and Licensed Users may transmit extracts from the Printed Publications or the results of bona fide searches of the Databases 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 additional fee is directly or indirectly levied for such transmission.
4.3 The Licensee acknowledges that third parties may have a proprietary interest in parts of the Service and the Licensee agrees not to remove, conceal or obliterate any copyright or other proprietary notices included in the Service.
5. PROHIBITED ACTIVITIES
5.1 Except as permitted by law or by this Licence, the Licensee shall not itself, nor allow any Licensed User or third party to, duplicate or otherwise reproduce the Databases or the Printed Publications or the Services or any part of them or permit any person other than Licensed Users to have access to the Databases or the Services.
5.2 Except to the extent permitted by law, the Licensee shall not 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.
6. GENERAL RESPONSIBILITIES OF THE LICENSEE
6.1 The Licensee will take all reasonable steps to ensure that the Service is used in accordance with this Licence and to prevent unauthorised access to the Service.
6.2 The Licensee shall use its reasonable endeavours to monitor the use of the Service by the Licensed Users or otherwise via access provided under this Licence. Upon becoming aware (or being notified by vLex Justis) of any misuse of or unauthorised access to the Service, the Licensee shall immediately give full details to vLex Justis, prevent any further misuse by Licensed Users and use all reasonable endeavours to prevent any other unauthorised access to or misuse of the Service by third parties.
6.3 The Licensee is responsible for ensuring that computer hardware and software used for accessing the Service pursuant to this Licence are capable of accessing the Service. The Licensee is responsible for arranging for the making of regular backup copies of the contents of the hard disks of any computer on which the Service is being installed or used and for using appropriate anti-virus software when accessing the Service. vLex Justis is not responsible for the availability of links to third party materials or the contents of those materials.
7. LIMITATION OF LIABILITIES
7.1 vLex Justis warrants that it owns or has obtained all necessary rights to grant this Licence, and shall indemnify the Licensee against all actions, claims, losses, liability, proceedings, damages, costs and expenses suffered or incurred by the Licensee arising from any claim that the use of the Data, Documentation or Software in accordance with the terms of this Licence infringes the intellectual property rights of any third party.
7.2 The Service is supplied to the Licensee on an “as is” basis and neither the Service nor any part thereof has been created to meet the individual requirements of the Licensee. It is the sole responsibility of the Licensee to satisfy itself prior to entering this Licence that the Service will meet its requirements and be compatible with any proposed hardware/software configuration. vLex Justis makes no warranty or representation in that respect and no failure of any part or the whole of the Service to be suitable for the Licensee’s requirements shall entitle the Licensee not to accept the same or give rise to any right or claim against vLex Justis.
7.3 vLex Justis does not seek to exclude or limit its liability where it may not do so as a matter of law, whether in respect of death or personal injury resulting from negligence or otherwise.
7.4 vLex Justis is not liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by the Licensee for any wasted management time, failure to make anticipated savings or liability of the Licensee to any third party arising in any way in connection with this Licence or otherwise, whether or not such loss has been discussed by the parties precontract, or for any account for profit, costs or expenses arising from such damage or loss.
7.5 Save where such liability arises out of breach of the warranty contained in Clause 7.1, vLex Justis will have no liability for any liability of the Licensee to any third party.
7.6 vLex Justis makes no express or implied representations or warranties to the effect that the Data is free of errors or omissions. Their contents are determined by the Data Providers or other third parties over which vLex Justis has no control. The Licensee shall not base any commercial decisions on the Data without independent verification of the Data.
7.7 The aggregate maximum liability of vLex Justis to the Licensee under this Licence, whether under contract or in tort, in respect of claims arising in any calendar year shall not exceed a sum equal to twice the amount payable under this Licence by the Licensee in respect of that year.
7.8 The Licensee agrees that it is in a better position to foresee and evaluate any loss it may suffer in connection with this Licence, that the fees payable to vLex Justis have been calculated on the basis of limitations and exclusions in this Licence and that it is the Licensee’s responsibility to affect such insurance as the Licensee considers necessary in respect of such loss.
8. SEARCHES BY VLEX JUSTIS STAFF
8.1 No servant or agent of vLex Justis is authorised to search the Service on behalf of the Licensee or to assist in making such searches other than for the purpose of demonstration.
8.2 vLex Justis accepts no liability for loss or damage arising from such searches.
9. CONFIDENTIALITY
9.1 vLex Justis shall not, and shall use all reasonable endeavours to ensure that no servant or agent of vLex Justis shall, without the consent of the Licensee, disclose to any third-party information relating to searches carried out by the Licensee using the Service.
9.2 vLex Justis shall comply with all applicable Data Protection legislation including the United Kingdom Data Protection Act 2018 and the EU Regulation 2016/679 (General Data Protection Regulation), whichever laws are applicable during the Term of this Licence, and in particular shall not disclose the identity of or data about the Licensed Users to any third party other than a purchaser of vLex Justis’ assets or business.
9.3 The Licensee and the Licensed Users shall ensure that details of this Licence shall remain confidential and shall not be disclosed to any other party, including but not limited to the agents of the Licensee, without the express permission of vLex Justis.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 The Licensee acknowledges that it obtains no copyright or other right in the nature of copyright or any other intellectual property right whatsoever in the Service or any part thereof or in the Software, the Databases, the Printed Publications or any documentation or print-out by virtue of this Licence.
10.2 This Licence is not a sale of the original or any copy of the Software, and nothing contained in this Licence shall be construed as granting or otherwise transferring to the Licensee any copyright or ownership interest whatsoever in the Software.
10.3 Copyright and other rights subsist in the Databases and Printed Publications which are reproduced by permission of their owners.
11. TITLE AND ASSIGNMENT
11.1 Neither this Licence nor any of the rights and obligations of the Licensee hereunder may be assigned, transferred, charged, sublicensed, delegated or disposed of in whole or in part on a temporary or a permanent basis without the prior written consent of vLex Justis.
11.2 The physical media on which any part of the Databases is delivered to the Licensee remains the legal property of vLex Justis.
12. TERM AND TERMINATION
12.1 This Licence shall commence on the Start Date and shall automatically terminate on expiry of the Term as specified in the Order Form.
12.2 vLex Justis may terminate this Licence at any time immediately by written notice to the Licensee in the event of an irremediable breach by the Licensee of this Licence or after the Licensee has failed to remedy a remediable breach of these terms and conditions within 30 days of being given notice to do so.
12.3 vLex Justis may remove one or more Databases or Printed Publications from this Licence immediately on written notice if an agreement between its Data Provider(s) and vLex Justis is terminated. In this event, vLex Justis shall promptly make a pro rata refund to the Licensee of any monies paid by the Licensee for the Service covering any period of the Licence which has not expired.
12.4 In the event of automatic termination of this Licence due to failure by the Licensee to make payment of any Subscription Fee which was to be paid prior to any use being made of the Service, this Licence may nevertheless be renewed and such termination revoked if payment is made no later than 12 months from the date such payment was due. No reimbursement of the Subscription Fee shall be made in respect of any period whilst this Licence was not in force. Notwithstanding such termination the terms of this Licence will continue to apply in their entirety.
12.5 Termination of this Licence shall be without prejudice to the parties’ other rights or remedies.
12.6 The Licensee may terminate this Licence at any time immediately by written notice to vLex Justis in the event of an irremediable breach by vLex Justis of this Licence or after vLex Justis has failed to remedy a remediable breach of this Licence within 30 days of being given notice to do so. If the Licensee terminates this Licence under Clause 3.1 or this Clause 12.6, vLex Justis shall promptly make a pro-rata refund to the Licensee of any monies already paid by the Licensee for any period following the effective date of termination when the Service is no longer provided.
13. GENERAL
13.1 Force Majeure Neither party shall be liable for any loss suffered by the other or be deemed to be in default for any delays or failures in performance (other than failure to make payments) under this Licence resulting from acts or causes beyond its reasonable control. In the event that the Force Majeure event continues for a period of 60 days or more, Licensee shall have the right to terminate this agreement immediately on written notice.
13.2 No Waiver Any delay or forbearance by vLex Justis or the Licensee in enforcing any provisions of this Licence or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
13.3 Entire Agreement These Terms & Conditions together with the Order Form constitute the entire agreement between the parties relating to the subject matter of this Licence and each party acknowledges that it has not relied on any representation made by the other unless such representation is expressly included herein. Nothing in this Clause 13.3 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
13.4 Severability If any provision of this Licence shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
13.5 Variations This Licence may only be varied in writing by means of a variation of its clauses signed by both parties or by an updated Order Form.
13.6 Notices Any notice given pursuant hereto may be served personally or sent by prepaid recorded delivery letter or the equivalent to the addresses given in this Licence. Such notice shall be deemed to have been duly served when actually received. Mere despatch of any notice does not constitute deemed service.
13.7 Precedence In the event of any conflict the provisions of the Order Form (including the Special Conditions) shall take precedence over the terms and conditions in this Licence.
If you are a vLex Justis, JustisOne or vLex subscriber, take a trial of one of our services, or just visiting one of our websites, this policy, and the privacy policy of our parent company, apply to you.
This policy will let you know what data we collect, how we use it, and how we keep it safe. It will also let you know the rights that you have over your data.
vLex Justis complies with all applicable data protection legislation, including the EC Data Protection Directive 95/46/EC, the United Kingdom Data Protection Act 2018 and the EU Regulation 2016/679 (General Data Protection Regulation).
vLex Justis acts as the “data controller” of your data unless otherwise specified by a Data Processing Agreement between your organisation and vLex Justis. This means we determine how and why your data are processed. We are registered as a data controller with the Information Commissioner’s Office in the UK under number Z9817558.
When and how we collect data
We collect data in one of two ways: You provide data to us, or we collect data automatically.
You provide data when:
You take a trial of one of our products
We contact you
You subscribe to one or more of our products
You use our products
You view and sign a contract with us
You communicate with us for customer support reasons
You opt-in to our marketing messages
You engage in our user or market research
We collect data automatically when:
You browse our website
You take a trial of one of our products
You use our products
You communicate with us for customer support reasons
You opt-in to our marketing communications
You receive marketing communications emails from us
Types of data we collect
Contact details
This can include your name, business name & address, job title, telephone number and email address.
Financial information
This can include your credit card details, which we will keep on file if you pay in instalments, and any remittance advice from you. We are obliged to hold this for auditing purposes.
Data that identifies you
This can include your IP address, login information, geolocation information, browser type, operating system and version.
Data on how you use vLex Justis services
This can include the content you access and features you use on our services, the pages you visit on our website, page response times, and how long you stay on our pages.
How and why we use your data
We only use your data where a contract exists, we have a legitimate interest in doing so, or you have given us consent. These uses include:
Access to our services
Your data may be used for associating login details with specific users and organisations, remembering your settings, and processing payments.
Improving vLex Justis
Your data may be used for tracking the use of our products, completing feedback surveys, and mapping our website traffic.
Customer support
Your data may be used for resolving issues via phone and email.
Marketing purposes
Your data may be used to send emails about new features, content, events, and promotional offers.
Your privacy rights
You can exercise any of these rights by contacting us at hello@vlex.com:
The right to access the information we hold about you
This includes the right to ask us about the type of data we process, why we’re processing your data, the categories of third parties whom your data may be disclosed, how long your data will be stored, and the other rights you have regarding our use of your data.
The right to ask that we correct the personal data we hold on you
If we hold incorrect information about you, you can ask us to update it to ensure it is accurate.
The right to ask that we delete the personal data we hold on you
You can ask us to erase any personal data we hold about you, and we will accept your request if doing this will not conflict with your use of our products.
The right to restrict automated decision making
We may use your data to determine which information might be relevant to you – for example, sending emails with invitations to events based on your location or job title. You can ask us not to do this.
The right to lodge a complaint about how we use your data
If you have any complaints about how we use your data, please let us know first so we have a chance to address your concerns. If we fail to do that, you can address any complaint to the Information Commissioner’s Office in the UK.
Choices you can make
The choice to turn off cookies in your browser
You can restrict the cookies you receive in your browser, and you can delete cookies through your browser settings. If you turn off cookies you can continue to view our website. However, we require you to accept cookies to enable you to log on to our online services.
The choice not to use your data for marketing
You can choose not to receive our marketing emails. To do this, you can either unsubscribe using the link in any marketing email we send to you or let us know by emailing marketinglondon@vlex.com.
How we keep your data safe
All data collected is stored on our secure servers and is protected by a range of security measures, including firewalls, DDoS protection, and encryption of both personal data and passwords. Data is also protected by regularly updated antivirus, malware, and ransomware protection tools. Any data shared with a third party processor is done so securely, especially where they are outside of the European Economic Area (‘EEA’).
All staff members have received training on their data protection responsibilities. In the event of a data breach, we have internal processes in place to determine the severity of any breach. If your data is affected we will notify you, and if a breach is deemed serious enough we will inform the Information Commissioners Office in the UK.
Where we process your data
The personal data we collect is processed in our office in London, other vLex offices, and in any data processing facilities operated by third parties which satisfy data protection requirements, especially where they are outside of the European Economic Area (‘EEA’).
Third parties who process your data
Your data is shared with third parties only when necessary, and for tasks that we can’t carry out ourselves. We ensure that any third party we deal with will take the security of your data as seriously as we do, and we will only engage with third parties that are GDPR compliant and that satisfy GDPR data protection and transfer laws where they are outside of the EEA.
We may share your personal data with third parties for the following purposes:
Processing credit card payments
Managing our customer records
Managing our accounts and finances
Managing our helpdesk, support and communication processes
Analysing usage of our products and websites
Conducting research
How long will we store your data?
We will store your data for a period of up to 10 years, or longer if you are a customer, subject to regular review or any agreement we have with you in a separate contract. As detailed above, you have the right to ask us to delete the personal data we hold on you at any time.
Cookies
We use cookies to enable access to our services and improve the experiences you have visiting our website. Specifically, we use cookies for:
Managing authentication sessions for our services. These cookies contain personally identifiable information and are necessary for the use of our products.
Cloudflare: We use Cloudflare for DDoS protection and security, and they use a cookie to identify users behind a shared IP address. This cookie does not correspond to any data we hold on you and does not store any personally identifiable information.
Google Analytics: We use Google Analytics to gather aggregated data about traffic to our website.
Remembering that you have consented to the use of cookies. This means we don’t have to ask you every time you access our website or log in to our services.
If you are one of our suppliers
The above information will also apply to you. In addition, we will keep a record of your bank details for the purpose of paying for the service you provide to us.
With vLex you can have peace of mind that…
Your personal information is protected
You maintain control of your personal details
You can delete your personal data whenever you like
I. PROCESSING OF PERSONAL DATA OF USERS AND CUSTOMERS
Up to date with RGPD. 05/25/2018
To provide you with our services, VLEX needs to collect certain information about you. In this Privacy Policy we describe what information is collected, what treatment you receive and how you can manage and control the use of this information.
By using or interacting with the Service, you enter a binding contract with VLEX and accept the use of your information as explained in this Privacy Policy. If you do not agree with these terms, please do not use the Service.
References to Customers, Users, VLEX, Service, Account Administrator, License, Purchase Order, Online Registration, Website or Terms and Conditions should be understood as defined in the Terms and Conditions of Use.
1. WHAT TYPE OF INFORMATION DOES VLEX COLLECT AND USE?
VLEX may collect and use information about you, which includes, but is not limited to, information of the following types:
(a) Identifying information (for example, name, user name, address, zip code, telephone number, mobile phone number, email address, identification documents, the organization in which you work and your position in it).
(b) Profile information (for example, age, sex, country of residence, language preference, areas of legal specialty and any information you decide to put on your VLEX user profile)
(c) Electronic identification information (for example, IP addresses, cookies).
(d) Bank and payment information (for example, credit card information, account number).
(e) Quality of the search and survey results.
(f) Information about interactions and your use of the VLEX Services, our products and websites, including connection, platform, device and device information; information on customer performance, error reports, device capacity; bandwidth; statistics about page views; traffic to or from our websites; usage statistics.
(g) Products or services contracted
(h) Correspondence between VLEX and you.
(i) Information on the searches performed and the documents you have accessed. Information on your interactions with documents (for example, bookmark, print, add notes, select fragments)
(j) Number of users in your Organization
(h) Recordings of telephone calls with Commercial Agents and / or Customer Service
2. HOW DOES VLEX USE SUCH INFORMATION AND TO WHAT END?
Our main objective when gathering information is to provide the user with a safe, efficient, personalized and smooth experience. VLEX collects and uses personal information related to you, or delegates third-party service providers the task of collecting and using such data on behalf of VLEX, as permitted or necessary to:
3. OUR DISCLOSURE OF YOUR PERSONAL INFORMATION
Except as specified below, VLEX will not sell, rent, market or transfer any personal or traffic information or the content of communications outside of VLEX and its affiliates and subsidiaries controlled by it without your explicit permission, unless it has the obligation to do so in accordance with the law or as established by competent authorities.
VLEX may disclose personal information to respond to legal demands, protect our legal rights or defend against lawsuits, protect VLEX interests, fight against fraud and demand compliance with VLEX policies or protect the rights, property or safety of any person.
In order to provide the user with the VLEX products that they have requested, VLEX may, in some cases and if necessary, share their personal information with subsidiary and affiliated companies and / or with service providers that are VLEX partners. In all cases, VLEX will require these third parties to take the necessary organizational and technical measures required to protect their personal and traffic information and respect the corresponding legislation. Examples of companies with which VLEX may share your personal information are:
In some cases, we may communicate your data to other companies of the VLEX group such as Lexdir Global, SL (Spain), so that they can offer you their products and services, for which we explicitly request your consent.
Some VLEX Services may be co-branded and offered together or with associated companies. If you use or subscribe to such Services, you are informed and agree that VLEX and the associated company use the personal information collected in connection with the co-branded product. VLEX offers its products in connection with other websites or services, or can associate with other Internet services to offer a combination of products and services, or additional benefits and services. To determine if the combined option may be useful, once you have given your consent, VLEX can check your email address and the email addresses of your contacts with the email addresses that you have provided to the service provider. or third-party websites.
If you are a User of a Client with more than one license, the Administrator of your account may have access to detailed information about the activity of your VLEX account, which includes registration information, connection to VLEX and details of your searches and documents consulted. If you provide personal information, you acknowledge that such data may be viewed by other members of your Organization.
VLEX and its affiliates may provide personal information to a governmental, judicial or security agency that requests such information in accordance with the law. VLEX will provide reasonable collaboration and information to respond to such request and, you are hereby informed in this regard.
Information collected or sent by VLEX may be stored and processed in the European Union, the United States or in any other country where VLEX facilities or its affiliates, subsidiaries or service providers are located. In this sense, or in order to share or disclose information as indicated in this article 4, VLEX reserves the right to transfer information outside the user’s country. By using the VLEX Services and VLEX websites or VLEX products, you expressly authorize such transfer of information outside of your country. The information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transmitted to, and stored by, companies of the VLEX group, its affiliates and the third parties identified above, in a country outside the EEA and Switzerland where your legal coverage may be lower in relation to your information. However, VLEX will only process your information as described in this Privacy Policy.
As VLEX continues to expand its commercial activity, VLEX will be able to buy or sell subsidiaries or business units. In transactions where VLEX or virtually all of VLEX’s assets were acquired by a third party, the personal information of VLEX users will generally be one of the commercial assets transferred. We reserve the right to include your personal information in any such transfer to a third party.
4. WHAT ARE COOKIES AND GIFS AND HOW DOES VLEX USE THEM?
Main points:
By using the Service or VLEX websites, you consent to the use of cookies. You can choose to reject cookies at any time, either by changing the browser configuration (if your browser allows it), stopping use of the VLEX software or websites or using the corresponding cancellation functions. Please note that some features are only available through the use of cookies and if you choose not to accept them, these features may not be available.
4.1 What are cookies and GIFs?
4.1.1. cookies
Cookies are small files that contain a series of characters (text) that are sent to your browser from the server of a website. The cookie may have a unique identifier but does not contain personally identifiable information, such as your name or email address. VLEX may use cookies when you visit its websites, use VLEX software or visit other websites where VLEX advertises. The VLEX software client browser or your Internet browser stores the cookie on the hard drive of your computer and the website can access it during your next visit. Other websites may also send cookies to your browser but it will not allow those websites to view the VLEX cookie information.
4.1.2. Gifs
VLEX web pages and client interfaces can include transparent gifs, also known as web beacons and tracking pixels. A gif is a small graphic with a unique identifier, which is used to keep track of a user’s visits to the pages (but does not retain any type of information that identifies it). VLEX also uses transparent gifs in HTML-based emails to find out which email messages have been opened and answered. This allows us to evaluate the effectiveness of certain communications and our marketing campaigns.
4.2 What kind of cookies does VLEX use?
VLEX uses session cookies, persistent cookies and shared local objects (Flash cookies).
Session cookies are temporary cookies or unique identifiers associated with your browser for the duration of your visit to the VLEX websites or to the VLEX software client area. Once you close your browser, the identification of the session cookie will disappear and information about your visit will not be saved.
Persistent cookies remain in your browser even after you close it and your browser can use them in subsequent visits to the website.
Shared local objects or “Flash cookies” are cookies written with Adobe Flash technology. These cookies are stored on your computer equipment like other cookies but can not be administered at the browser level in the same way.
4.3 How VLEX uses cookies
VLEX uses its own cookies for a variety of purposes, including the following:
4.4 Third party cookies
In addition to VLEX cookies, members and partners of VLEX advertising and analysis services can set cookies and access cookies on your computer, when you are using VLEX software or by visiting the VLEX website.
4.4.1 Analysis
VLEX uses partners for analysis, including Google Analytics, KISS Metrics and Mixpanel, in order to collect statistics and analysis information about how users use websites and VLEX Services. For example, these partners collect and aggregate data about page views and clicks on our sites, the search engines and keywords used to find our sites, the links that are accessed from them, information about errors and blockages of our clients and similar information.
4.4.2 Advertising
The VLEX and third-party advertising that appears on the VLEX Website, the VLEX Services and the third-party websites provided by Google, Inc. or other advertising service partners (“Advertising Services Partners”) is carefully selected.
VLEX and its Advertising Services Partners may use non-personal information that you have provided in your VLEX profile or that someone else has provided tp VLEX to provide advertising that may be of most interest to you and to help us evaluate and improve performance of our advertising campaigns. VLEX and our Advertising Services Partners may use cookies or web beacons (gif) to collect this information.
4.4.3. Affiliates
Sometimes VLEX can use third parties to promote VLEX services and compensate them for the income generated. To this end our affiliates can send cookies to your team to receive information (a) when you click on a link related to VLEX on the site of one of our affiliates or (b) when you make a purchase on the VLEX website, in order to pay a commission to the affiliate partner. If you revisit the VLEX site directly, our partner of the network of affiliated companies can recognize it and give back to the site of the affiliated collaborator who sent it to our site. These cookies are beyond the control of VLEX.
4.4.4. Other third-party content
Sometimes, VLEX websites may include widgets or third-party embedded video content, such as YouTube. When you view this content or use the widget, you may be accepting cookies from these websites. These cookies are not within our control. For more information, you must contact the corresponding site.
4.5 Your cookie options
We do not recommend restricting or blocking cookies, as this may affect the operation of our Services and Websites. However, if you decide to do so, you can find complete information in, (Europe) or (United States). You can check here how to change your privacy preferences and cookies in vLex.
5. PERSONAL DATA IN THE CONTENTS OF VLEX
Sometimes databases of legal information may incorporate names of persons or other personal data that are an intrinsic part of the legal or legal content and, which are also published by public or governmental sources accessible to the public, who originally published said documents. VLEX is committed to complying with the personal data regulations of each country or jurisdiction, therefore it eliminates this personal data at least in those cases where it is required by current regulations in the country where said document has been published. However, if you believe that, by mistake, you have personal data that was not deleted that should be deleted, or that a document cites your name or other personal information, and that this causes you a loss, we invite you to Contact the Department of Privacy and we will study your case with the utmost diligence attending, among other criteria, to the legislation of the country where you are.
6. USER PROFILE
The user profile is the information you provided when registering, that appears in your VLEX account. It can include your user name, full name, address, landline and mobile numbers, country, language, legal specialization areas, and any other type of information you choose. You can access your user profile from the “Account” option in the VLEX Service to view, correct or complete information, remove information that is not required and to consult the privacy settings related to your profile information.
7. LINKED SITES AND THIRD PARTY APPLICATIONS
On VLEX websites, there may be links that will allow you to leave the VLEX site and access another website. The linked sites are not under the control of VLEX and have different privacy policies. The VLEX Privacy Policy only affects the personal information that is obtained from the websites, through your use of the VLEX software or the VLEX products, or through your relationship with VLEX. For this reason, VLEX urges the user to be careful when entering any type of personal information on the Internet. VLEX accepts no responsibility for such websites.
8. HOW DOES VLEX PROTECT ITS PERSONAL INFORMATION?
VLEX must take the appropriate technical and organizational measures to protect the personal information and search information provided to it or that it has collected, with due compliance with the corresponding obligations and exceptions in accordance with current legislation. Only authorized employees of VLEX or its affiliates, subsidiaries or service providers that need access to such information in order to fulfill their work tasks may have access to the user’s personal information or traffic information.
9. DELIVERY OF VLEX DOCUMENTS BY MAIL
The VLEX Service allows documents to be sent by mail. If you want to use this service, a web page containing a form will be opened in which you can add one or more email addresses. The information entered in this form will only be used to automatically send an email message to said users. It will not incorporate them into their databases, nor use them for different purposes or assign them to third parties. By entering your email address, you confirm that the recipient has authorization for data to be provided. In the message we send to the recipient, VLEX will identify you as the person who sent the mail and may include your name, email address or phone number.
10. CONTACT WITH THE USER
VLEX may occasionally request information about your experiences, in order to use it to evaluate and improve quality. At no time will you be obligated to provide such information. All information that you voluntarily submit through the comments forms on the website or any survey in which you participate will be used to analyze that information and improve the VLEX Services, and other websites and products of VLEX.
VLEX can contact you to send you messages about errors or service problems.
VLEX, based on its legitimate interest, may use the provided telephones, emails, FAX and the VLEX Service itself to make promotional communications of Products and Services of VLEX, its affiliates and its commercial partners and to notify you of any related event with the use or payment of VLEX, the Services or VLEX websites. VLEX may also use e-mail, SMS or the VLEX Service to keep you up to date with news of VLEX Services or provide you with other information related to VLEX.
11. HOW CAN YOU EXERCISE YOUR RIGHTS ON YOUR PERSONAL DATA?
You have the right to access your personal information and to modify it when necessary. You can view or modify part of your information on the Internet by logging into your VLEX account page. Within a reasonable period and once your identity is verified, we will respond to your request to view, correct, complete or remove your personal information.
VLEX will make all reasonable efforts to comply with requests for the removal of personal information, unless it is required to be retained by a legal requirement or for lawful commercial purposes.
At any time you can exercise your rights of access, rectification, cancellation and opposition, and, where appropriate, the right of portability and limitation of processing, collected in the RGPD (EU) 216/679, to: C / Almogàvers 119 , 4th floor, 08018 Barcelona or by email to dpo@vlex.com. For any concerns, you can contact the Spanish Agency for Data Protection www.agpd.es, to initiate the appropriate procedures to defend your rights.
12. HOW LONG DOES VLEX SAVE YOUR PERSONAL INFORMATION?
VLEX will keep the user’s personal information as long as it is necessary to: (1) comply with any of the Objectives mentioned in this Privacy Policy, (2) comply with current legislation, regulatory requirements and pertinent orders of competent courts,or, in any case, (3) for a period never exceeding 10 years from the end of the contractual relationship with the user.
VLEX will take the appropriate technical and security measures to protect user information. By using VLEX Services, you are informed and agree that VLEX may store searches, documents consulted and interactions with the Services as described above.
13. DOES VLEX CARRY OUT INTERNATIONAL DATA TRANSFERS?
On occasion, we may use SaaS applications or host your data on servers outside the European Economic Area. In such a case, we always make sure that these suppliers are located in countries with an adequate level of protection and offer guarantees of compliance with European regulations on data protection, and in particular, the RGPD. For transfers to the USA, we will always work with suppliers that adhere to the Privacy Shield EU – USA.
14. CAN THIS PRIVACY POLICY BE MODIFIED?
In some cases, VLEX will update this Privacy Policy to reflect changes in our Services and customer feedback. When we post changes to the Privacy Policy we will update the “last revision” date at the bottom of the Privacy Policy. If there are important changes to this Privacy Policy or how we will use your personal information, we will notify you by posting a notice of such changes before implementation or by directly sending you a notice. You agree that the continuation of your use of VLEX Services after you have been notified constitutes your acceptance of the Privacy Policy. We recommend that you periodically review this Privacy Policy to learn how VLEX collects, uses and protects your information.
15. HOW TO CONTACT VLEX?
To communicate with VLEX in relation to the “VLEX” Brand Services, send your request for assistance to the customer support team.
If you reside in the European Union: VLEX NETWORKS, SL – Almogàvers 119-123 – 08017 Barcelona (Spain). TLF. (+34) 93 272 26 85 or C / Edgar Neville, 6 – 28020 Madrid (Spain). TLF. (+34) 902 301 402
If you reside outside the EU: VLEX LLC – 1200 Brickell – Ave – Suite 1950 – 33131 Miami, FL. email support@vlex.com or servicliente@vlex.com
16. HOW TO CONTACT OUR DPO?
In virtue of the obligations derived from the RGPD, VLEX has appointed a Data Protection Officer with whom it will be able to contact through the channels enabled for such purposes:
e-mail: dpo@vlex.com
Phone: 932 722 685.
Address: C / Almogàvers 119,4th floor, 08018 Barcelona.
17. CONTACT FORMS, INFORMATION REQUESTS, OR CHATBOX
If you contact us through one of our contact forms, requests for information or chatbox, the purpose of processing your data will be to respond to your query in order to provide you with information of interest about the activity of VLEX and inform you about our products and services We can do so by contacting you electronically or by telephone.
We can also contact you to inform you about news, offers or promotions of VLEX through these same routes (telephone and electronic) based on our general corporate interest.
We will not use your data for other purposes or assign them to third parties in any case.
The data related to your query or information request will be kept for the time necessary to respond to your query, and to meet our legal obligations. This period, in no circumstances, will exceed 5 years since your consultation.
II PERSONAL DATA INCLUDED IN THE VLEX DATABASES
VLEX markets databases of legal information that contain:
a) Legislation and Official Journals
b) Jurisprudence
c) Contracts
d) Books and Legal Journals
At times, these databases may incorporate names of persons or other personal data that are an intrinsic part of the legal or legal content, and which are also published by public or governmental sources accessible to the public, which originally published said documents. VLEX is committed to complying with the personal data regulations of each country or jurisdiction, therefore it eliminates this personal data at least in those cases where it is required by current regulations in the country where said document has been published. However, if you believe that, by mistake, you have personal data that has not been deleted that should be deleted, or that a document cites your name or other personal information, which causes you a loss, we invite you to Contact the Department of Privacy and we will study your case with the utmost diligence attending, among other criteria, to the legislation of the country where you are.
Contact information:
VLEX.COM (Privacy Department)
Almogàvers 119-123, 3rd floor, 08018 Barcelona, Spain.
E-mail: dpo@vlex.com
Telephone: (+34) 932 722 685. Fax: (+34) 933 807 710