Terms of Use

Terms of Use

Terms of Use

1. Definitions
   • This website (“website”) is owned and operated by The Notaries Society, whose address is P O Box 7655 Milton Keynes MK11 9NR.
   • The terms “The Notaries Society”, “we”, “us”, “our” and “ours” when used in these Terms of Use means The Notaries Society.
   • The terms “user”, “you”, “your” and “yours” when used in these Terms of Use mean any person who contacts us or accesses or uses our website, content and services.
2. Contacting us

• If you have any questions regarding these Terms of Use or any other matter, you may contact us by writing to PO Box 1023 Ipswich IP1 9XB or by e-mailing us at admin@thenotariessociety.org.uk.

3. Agreement
   • Access to and use of this website and the information, materials, products and services available through this website are subject to all applicable laws and regulations and to these Terms of Use.
   • By accessing this website, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please exit this website.
   • These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the website, and you should always review these Terms of Use prior to using the website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.
   • If you choose, or are provided with, a member identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any member identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
   • Any access to this website (or portions thereof) and the use of information, materials, products or services provided through this website (or portions thereof) in breach of applicable laws is prohibited.
4. Ownership
   • Unless otherwise indicated, this website and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation and other matters related to this website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of The Notaries Society or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. All such rights are reserved.
   • Except as otherwise provided herein, none of these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
   • Permission is hereby granted to the extent necessary to lawfully access and use this website and/or information, and/or services available on it to display, download, archive and print in hard copy, portions of this website for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. Our status, and that of any identified rights owners, as the authors of all materials must always be acknowledged by adding the following text “Copyright of The Notaries Society and its licensors. All Rights Reserved.”. You are solely responsible for any intellectual property right violations you may incur as a result of your activities on our website. This permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded, archived or printed materials.
   • We are committed to respecting the intellectual property rights of others. If you believe that this website has infringed your intellectual property, please contact us without delay.
5. Trademarks
   • The Notaries Society name and its logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this website, unless otherwise noted, are trademarks (whether registered or unregistered) of The Notaries Society (“Marks”). All other trademarks, product names, company names, logos and trademarks mentioned, displayed, cited or otherwise indicated on the website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein whatsoever, except as permitted herein, is expressly prohibited.
6. Links from other websites
   • Except for links from websites of our fellow members created for professional governance reasons, Any link to this website without our written permission is prohibited. Notwithstanding authorisation to link to this website, linking to any page other than the home page is prohibited. Any use of our Marks as a ‘hot’ link to our website without our prior approval in writing is prohibited.
   • Persons providing access to this website via link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning The Notaries Society. We have no liability in relation to such third party content. You are responsible for viewing and complying with the privacy policy and terms of use posted at the linked sites.
   • Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We shall have no liability in relation to any third-party material made available on our website or contained on any third-party website that it links to.
   • Authorisation by us to link to this website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this website and to request that links and embedded text be removed from any linking site or object at our sole discretion at any time and for any reason.
   • Any person or entity providing access to, or information relating to this website, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. We shall have no liability in relation to any failure to do so.
7. Privacy policy
   • We are committed to protecting your privacy and by agreeing to these Terms of Use you acknowledge that you have read and understood our Privacy Notice.
   • All personal data provided to us as a result of this website will be handled in accordance with our Privacy Notice.
8. Acceptable Use Rules
   • We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other transmission for the purposes of quality control and other business needs in accordance with applicable law.
   • You must not use our website, content and services:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which is unlawful, threatening, libellous, defamatory, obscene, pornographic or profane or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit or introduce any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • You further agree:
• Not to reproduce, duplicate, copy or re-sell any part of our website, content or services in contravention of the provisions of the Terms of Use or any applicable law;
• Not to access without authority, interfere with, damage or disrupt:
  • any part of our website, content or services;
  • any equipment or network on which our website, content or services are stored;
  • any software used in the provision of our website, content or services; or
  • any equipment or network or software owned or used by any third party.
• Not to attempt to gain unauthorised access to our website, content or services, the server on which our website, content or services are stored or any server, computer or database connected to our website, content or services. You must not attack our website, content or services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you could commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website, content or services will cease immediately.

9. No reliance

• Our content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of our content.
• We shall not be responsible or liable for any losses or damage that anyone may suffer as a result of relying on the information provided on our website.
• Although we make reasonable efforts to update our content, where appropriate, we make no representations, warranties or guarantees, whether express or implied, that our content is accurate, complete or up to date.

10. No warranties
    • This website is provided on an “as is,” “as available” basis, without warranties of any kind. To the fullest extent possible pursuant to applicable law, The Notaries Society, our affiliates, our and their directors, secretaries and officers and our service providers and licensors disclaim all warranties or representations, express, implied, statutory or otherwise. Without limiting the foregoing, The Notaries Society, our affiliates, our and their directors, secretaries and officers and our service providers and licensors do not represent or warrant to you or your company and The Notaries Society, our affiliates, our and their directors, secretaries and officers and our service providers and licensors hereby disclaim all conditions, warranties and other terms relating to:
      • merchantability, fitness for a particular purpose, title and non-infringement of any website, content or services;
      • delays, interruptions, errors, or omissions in the operation of any part of the website, content or services;
      • the transmission or delivery of the website, content or services or their availability at any particular time or location;
      • the use, validity, accuracy, currency or reliability of, or the results of the use of the website, content or services; and
      • to websites to which this website is linked.
    • It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material, content or services on this website or any website with which it is linked.
    • Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly some of the above disclaimers may not apply to you.
11. Exclusion of liability

We do not seek to exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors nor for fraudulent misrepresentation. Your statutory rights as a consumer, if any, are not affected hereby.

• To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any:
  • direct,
  • indirect or consequential damages,
  • special or punitive damages,
  • loss of use,
  • loss of data,
  • loss caused by a virus,
  • loss of income, profit, sales, or revenue,
  • business interruption,
  • wasted expenses,
  • loss of anticipated savings,
  • loss of business opportunity, goodwill or reputation,
  • loss of or damage to property,
  • claims of third parties, and
  • other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of our content, services or website or any website with which it is linked.
• You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.
• We exclude our liability for all action we may take in response to breaches of these Terms of Use.
• This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Some jurisdictions do not allow the limitations of liability set forth above, so these limitations of liability may not apply to you. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of The Notaries Society, its service providers and licensors under such circumstances for liabilities that otherwise would have been limited, shall not exceed £500.

12. Viruses

We cannot guarantee the speed or security of the website, content and services. We shall not be responsible for the presence of any viruses, electronic bugs, Trojan horses, etc., and any damage that they may cause or loss that you may suffer, directly or indirectly, as a result of a virus attack that is traced to our website, content and services.

You are responsible for configuring your information technology, computer programmes and platform to access our website, content and services. You should use your own virus protection software.

13. Indemnity and release
    • You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this website or any of the information, materials, products or services available through this website.
14. Modification and discontinuation
    • We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this website (or any portion thereof) and/or the information, materials, products and/or services available through this website (or any part thereof) with or without notice. We reserve the right, at our sole discretion, to terminate or restrict your access to our website, content and services at any time, with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our website, content and services.
15. Entire understanding
    • These Terms of Use contain the entire understanding between you and us with respect to this website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.
    • If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use shall remain in full force and effect.
16. Waiver
    • The Notaries Society’ failure at any time to enforce or require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
17. Governing law & jurisdiction
    • These Terms of Use are made under English law and this website is operated from England. Access to, or use of, this website or information, materials, products and/or services on this website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this website. We make no representation that the information contained herein is appropriate or available for use in any location.
    • You agree that the courts of England shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this website, and that the laws of England shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.