Terms of Use

REGGATEWAY

Terms and Conditions of Use

Access to and use of the RegGateway platform (the Platform) is subject these terms and conditions of use, as amended from time to time (Terms of Use) and, where relevant, the terms of business entered into by the organisation for which you work (the Subscribing Organisation) in relation to the Platform. By accessing or using the Platform you agree to be bound by these Terms of Use.

1. DEFINITIONS

References in these Terms of Use and on the Platform to:

we or us or our means A&O Shearman and its successors and assigns; you or your means you as a user of the Platform;

A&O Shearman means Allen Overy Shearman Sterling LLP, a limited liability partnership registered in England and Wales with registered number OC306763 and registered office at One Bishops Square, London, E1 6AD and/or any other partnerships, corporations and undertakings which are authorized to carry the name “A&O Shearman” as the context requires;

Content means any text, software, database, format, graphic and written work and all other materials developed by, or on behalf of or in collaboration with, us which are or form part of the Platform or provided on or through the Platform with the permission of the third party owners;

Data Protection Laws means the General Data Protection Regulation (Regulation 2016/679) (GDPR) and any similar laws and regulations relating to the processing of personal data (as defined in the GDPR);

Intellectual Property Rights means (i) copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or not); (ii) applications for registration and the right to apply for registration for any of these rights; and (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world;

2. ACCESS TO AND PURPOSE OF THE PLATFORM

By accessing the Platform you acknowledge and agree that:

(a) the Platform and its contents are provided for general information purposes only and nothing on the Platform is intended to provide legal or other professional advice, is not a substitute for seeking legal advice and does it create an attorney client relationship between us. We do not accept any responsibility for any loss which may arise from reliance on information or materials published on this website. If you wish to find out more about the information in the materials published, please contact us at reggateway@aoshearman.com;

(b) while A&O Shearman will use reasonable efforts to ensure the Platform contains up to date and accurate information and classifications, this may not always be the case and it will be subject to change from time to time without prior notice and we shall have no liability in that regard;

(c) you will access the Platform and its Content solely for your own private use and will not use or reproduce the Platform, Content or software (or any part of it) or commercially exploit, sell, lend or let any of it for any purpose whatsoever except with our prior written permission;

(d) you will comply with all applicable laws and regulatory requirements relating to your use of the Platform and Content;

(e) you will comply with all reasonable instructions we give you relating to the Platform, including these Terms of Use and any terms agreed with the Subscribing Organisation;

(f) you will keep confidential and secure and will not share access credentials for the Platform or otherwise enable any third party except with our prior written permission. You will provide such information as A&O Shearman may request in relation to that use or access immediately on request.

3. USE AND FUNCTIONING OF THE PLATFORM

3.1 We cannot guarantee that the Platform will operate in accordance with your expectations or will be error free. If you are aware of any error in the Platform, please contact us by email at reggateway@aoshearman.com and we will endeavour to correct it. We do not guarantee the availability to you of any links that may be provided from the Platform.

3.2 A&O Shearman is not responsible for any telecommunications charges relating to your use of the Platform.

3.3 You will not send or upload anything to the Platform:

(a) that will contravene any laws or regulations, infringe our or any third party’s rights; or

(b) which is offensive, abusive, indecent, defamatory, obscene or menacing.

3.4 Except to the extent required to use the Platform in accordance with these Terms of Use, you must not copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Platform or its Content or systematically extract material from the Platform or in any way exploit commercially all or any part of the Platform or its Content without our prior written permission.

3.5 We reserve the right to update, modify, restrict access to or close the Platform or any part of it at any time.

3.6 A&O Shearman may revoke or suspend your access to the Platform immediately without notice if you breach these Terms of Use or the terms agreed with the Subscribing Organisation and shall not be liable to you or them in that regard.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Except as set out in 4.2, we, our suppliers or third parties who have granted us permission to reproduce their material on the Platform own all Intellectual Property Rights in the Content and the Platform. You do not have and shall not acquire any right, title or interest in the Content or the Platform.

4.2 You or the subscribing organisation shall retain ownership of information or documents you upload to the Platform but you hereby grant A&O Shearman a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to use that information (including to reproduce, modify and display it) for the purpose of providing and operating the Platform and, where relevant, to give effect to and administrate the agreement between A&O Shearman and the Subscribing Organisation for which you work.

5. LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY

5.1 We give no express or implied condition, representation or warranty (whether statutory or otherwise) in respect of the adequacy of the Platform or the Content (including as to condition, satisfactory quality, availability, performance or fitness for purpose) and all such conditions, representations and warranties are excluded except to the extent that their exclusion is prohibited by law.

5.2 From the Platform you may be able to obtain access to websites operated by others. We do not endorse those other websites, are not responsible for their content and are not liable for any damage or loss you may suffer arising out of access to or use of the content on those websites.

5.3 We cannot guarantee that Content downloaded from the Platform will be free from viruses. We are not liable for any damage or loss that may be caused to any equipment or software due to any viruses or malicious code or software, defects or malfunctions in connection with the access or use of the Platform or the Content.

5.4 Nothing in these Terms of Use excludes or limits our liability for fraud or for death or personal injury arising from our negligence or for any other matter in respect of which it would be unlawful or in breach of regulation (including self-regulation) to limit or exclude liability.

6. DATA PROTECTION

6.1 You are responsible for ensuring that the personal data you provide to A&O Shearman via the Platform or otherwise complies with applicable Data Protection Laws and you will not do or omit to do anything that would cause A&O Shearman to be in breach of those laws.

6.2 We will comply with applicable Data Protection Laws when processing your personal data. For information about how we use or process your personal information in connection with the use of this Platform please see our privacy policy, which is available on the Platform or by clicking here.

7. LEGAL REGULATION

7.1 RegGateway is a product of A&O Shearman. A&O Shearman is authorised and regulated by the Solicitors Regulation Authority of England & Wales (the SRA) whose regulations can be found on their website at https://www.sra.org.uk/.

7.2 A&O Shearman is subject to professional rules regarding complaints handling.  We have a written complaints procedure and complaints are handled promptly, fairly, openly and effectively in accordance with it. Please see our website at www.aoshearman.com for further information about our complaints procedure (including whether or not you have a right to complain to the Legal Ombudsman), our policy on the payment of interest and our position in relation to the provision of financial services.

8. GENERAL PROVISIONS

8.1 We reserve the right to vary or amend these Terms of Use from time to time. Any changes shall take effect upon posting to the Platform.

8.2 If a provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, that will not affect:

(a) the legality, validity or enforceability in that jurisdiction of any other provision of these Terms of Use; or

(b)  the legality, validity or enforceability in other jurisdictions of that or any other provision of these Terms of Use.

8.3 Our rights under these terms may only be waived in writing. Any failure by us to enforce a provision of these Terms of Use does not constitute a waiver and does not prevent us from subsequently enforcing that provision or from acting on such breach.

8.4 Our rights and/or duties under these Terms of Use may be transferred to any person.  Any transfer will not be detrimental to you.  You must not transfer any of your rights or duties under these Terms of Use without our prior consent.

8.5 We may assign the benefit of these Terms of Use at any time without your prior consent.

8.6 These Terms of Use may be amended by us from time to time. Please check them periodically to inform yourself of any changes. These Terms of Use were last amended in November 2020.

9. GOVERNING LAW

These Terms of Use, and any non-contractual obligations arising out of or in connection with these Terms of Use, or in connection with the Platform, shall be governed by and interpreted in accordance with English law. The English courts have exclusive jurisdiction to settle any dispute, claim or controversy arising out of or in connection with the Terms of use or the Platform and the parties submit to the exclusive jurisdiction of the English courts and you hereby waive any objection to the English courts on the grounds that they are an inconvenient or inappropriate forum to settle any such dispute.