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End User License Agreement

PLEASE READ THESE LICENCE TERMS CAREFULLY

This licence agreement (Licence) is a legal agreement between you (Licensee or you) and CC Technologies Ltd of 111 Bradford Road, Atworth, Melksham, England, SN12 8HY (Licensor, us or we) for access to the Clearcourt platform (Platform).

We licence use of the Platform (and any associated documentation to you (Documentation)) to you on the basis of this Licence. We do not sell the Platform or Documentation to you. We remain the owners of the Platform and Documentation at all times.

By clicking on the “I Accept” button or otherwise electronically accessing the Platform, including associated features and functionality, you are entering into a binding contract with us.

If you do not agree to this Licence, we will not allow you to access the Platform.

AGREED TERMS

  1. GRANT AND SCOPE OF LICENCE

    1. In consideration of you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable licence to use the Platform [and the Documentation] in the UK on the terms of this Licence and any associated agreement we may have with you or the legal entity you access the Platform on behalf of or the legal entity which referred you to this Platform (the Customer Agreement).

    2. You may:

      1. use the Platform (as applicable):

        1. to upload, import and provide access to information, data, content, materials and documentation (Information) for the purposes of:

          1. collating and analysing the Information;

          2. exchanging the Information with your partner/spouse (and their solicitor if applicable) as part of the disclosure process in the context of a divorce or separation;

          3. sharing the exchange of Information with a third party mediator/adjudicator/arbitrator/judge for the purposes of negotiating a financial settlement;

          4. completing certain court order documents;

in accordance with the Customer Agreement.

  1. on one central processing unit (CPU) if the Licence is a single-user licence or the Platform is for single use; or

  2. if the Licence is a multi-user or network licence, for the number of concurrent users agreed between you and us.

  1. use any Documentation in support of the use permitted under condition 1.2 and make up to one copy of the Documentation as is reasonably necessary for its lawful use.

  1. As the Platform is a web-based application, there is no specific browser or operating system that is required for use but it is recommended to be used with Chrome.

  2. You are entitled to receive a copy of the data you have input to the Platform (plus the analytical documents produced by Clearcourt within the Platform using your data) at any time within 28 days of receipt of your written request, for example at the conclusion of your case, or if you wished to change solicitors who were not Clearcourt subscribers.

  3. You must:

    1. download an authenticator application to facilitate the two-step authentication login process;

    2. keep a secure password for your use of the Platform, which must be changed no less than every 3 months and must be kept confidential by you.

  1. Restrictions

    1. Except as expressly set out in this Licence or as permitted by any local law, you undertake:

      1. not to copy the Platform or Documentation except where such copying is incidental to normal use of the Platform or where it is necessary for the purpose of back-up or operational security;

      2. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform and/or Documentation (as applicable) in any form or media or by any means; or

      3. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform; or

      4. access all or any part of the Platform and Documentation in order to create a product or service which that is similar to the Platform and/or the Documentation; or

      5. use the Platform and/or Documentation to provide services to third parties; or

      6. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform and/or Documentation available to any third party (except, as applicable, permitted by the Customer Agreement); or

      7. attempt to obtain, or assist third parties in obtaining, access to the Platform and/or Documentation (except, as applicable, permitted by the Customer Agreement); or

      8. introduce or permit the introduction of, any Virus or Vulnerability (see definitions below) into our network and information systems; or

      9. to comply with all applicable law including technology control or export laws and regulations; or

      10. not upload, access, store, distribute, communicate or otherwise transmit any Viruses, or any material during the course of its use of the Platform (whether within the Platform or in in the course of communicating to Clearcourt and its employees) that:

        1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

        2. facilitates illegal activity;

        3. depicts sexually explicit images;

        4. promotes unlawful violence;

        5. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

        6. is otherwise illegal or causes damage or injury to any person or property.

    2. For the purposes of this clause 2, the following definitions apply:

      1. "Virus" any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

      2. "Vulnerability" a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to the confidentiality, integrity, or availability, and the term Vulnerabilities shall be interpreted accordingly.

  2. Intellectual property rights

    1. You acknowledge that all intellectual property rights in the Platform and the Documentation belong to us, that rights to use the Platform are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Platform or the Documentation other than the right to use the Platform and the Documentation in accordance with the terms of this Licence (and as applicable the terms of any Customer Agreement).

    2. You acknowledge that you have no right to have access to the Platform in source code form other than as expressly provided in this Licence.

  3. Our responsibility for loss or damage suffered by you

    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Licence or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Licence was made, both we and you knew it might happen.

    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

    3. When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

    4. You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform as described in the Documentation (or otherwise by us) meet your requirements.

    5. You acknowledge that the Platform, the Documentation and/or any other information provided by us whether verbally or in writing does not constitute legal advice to you.

  4. Termination

    1. We may suspend or terminate (at our discretion) your access to the Platform and this Licence immediately by written notice to you if:

      1. you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;

      2. or if we have suspended or terminated access of, the legal entity who you access the Platform on behalf of or the legal entity who referred you to this Platform, in accordance with the Customer Agreement; or

      3. if we are required to do so to comply with any legal and/or regulatory obligation, or a request or order from a judicial, governmental, supervisory or regulatory body.

    2. Upon termination for any reason:

      1. all rights granted to you under this Licence shall cease; and

      2. you must cease all activities authorised by this Licence.

  5. Communications between us

    1. If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by email to [email protected] or by pre-paid post to CC Technologies Ltd at 111 Bradford Road, Atworth, Melksham, England, SN12 8HY.

    2. We will confirm receipt of this by contacting you in writing, normally by email.

    3. If we have to contact you or give you notice in writing, we will do so by email to the address you provide to us when you start using the Platform.

  6. How we may use your personal information

    1. Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy and it is important that you read that information.

    2. In the event that you use the service to make use of the open banking functionality, this service is provided by Moneyhub and you will use that service subject to their terms and conditions, which Moneyhub will provide to you directly.

  7. Other important terms

    1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

    2. You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.

    3. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

    4. Each of the conditions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.

    5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

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