Privacy Statement

CILEX (Chartered Institute of Legal Executives) Terms of Use of our Website

Introduction

These Terms and Conditions apply between you, as the User of this Website (including any sub-domains, unless expressly excluded by their own Terms and Conditions) and CILEX (Chartered Institute of Legal Executives), who is the owner and operator of this Website. Please read these Terms and Conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these Terms and Conditions, as outlined in this Terms of Use Agreement, which is deemed to occur upon your first use of the Website.

If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

We reserve the right to update or revise these Terms without giving you any notice. Please check the Terms and Conditions periodically for any changes.

Your continued use of our website following the posting of any changes to the Terms and Conditions constitutes your acceptance of those changes. Our Terms of Use will be kept up-to-date at https://www.cilex.org.uk.

In these Terms and Conditions, User or Users mean any third-party that accesses the Website and is not either (i) employed by CILEX and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to CILEX and accessing the Website, in connection with the provision of such services.

You must be at least 16 years of age to use this Website. By using the Website and agreeing to these Terms and Conditions, you represent and warrant that you are at least 16 years of age.

The information and data on this website are subject to revision without notice and CILEX may revise this Disclaimer at any time by updating this notice. All material included in our website is intended for information purposes only and does not represent legal advice. Users should take appropriate steps to verify such information. No user should act or refrain from acting on the information contained in this website without first verifying the information and as necessary obtaining legal and/or professional advice.

Company Ownership

The Service and the Service Content belong and shall remain the property of CILEX or its licensors, as appropriate and is protected by copyright, patent {when applicable}, trade secret and other intellectual property laws.

The User shall not acquire any of such rights title and interest (including, without limitation, all intellectual property rights, such as copies, modifications, extensions and derivative works thereof) save as otherwise expressly set out in this Article 7.2 and the User shall take all necessary measures to this effect. All rights not expressly granted to Users are reserved and retained.

Any reproduction, representation, distribution, modification, adaptation or translation of these various Service Content, in whole or in part, in any form and current or future medium is strictly prohibited, except within the limit of the Terms of Service or with prior express authorisation of CILEX. Any use of these Service Content not expressly authorised by CILEX shall constitute a violation of the Terms of Use and a violation of intellectual property rights.

You must not extract any information from the CILEX Community Website, either directly or indirectly via an AI Platform /Tool, which relates to the Terms of Use restrictions, as described in this Terms Use Policy.

Except as specifically permitted by these Terms of Use, User may not use or register any name, logo, brand or insignia of CILEX or any of its subsidiaries for any purpose, except with CILEX’s prior written approval and in accordance, with any restrictions required by CILEX. These are the property of CILEX or are subject to the rights to use, duplicate or represent/communicate to the public that have been granted to such.

Intellectual Property, Copyright and Acceptable Use

All content included on the Website is the property of CILEX (Chartered Institute of Legal Executives), our affiliates or other relevant third-parties. In these Terms and Conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website. By continuing to use this Website you acknowledge that such Content is protected by copyright, trademarks, database rights and all other intellectual property rights, which in all material and content supplied, as part of the Website, shall remain at all times invested in us or our licensors. Nothing on this site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

CILEX alone shall own all right, title and interest, including all related intellectual property rights, in and to our technology, the content and the service. The CILEX name, the CILEX logo and the product names associated with CILEX are trademarks of CILEX or their third-parties and the rights granted to use them are with express permission of CILEX. The copying, redistribution, use or publication by you of any such matters or any part of the CILEX website is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed on the CILEX website. Any posting of information or materials on the CILEX website does not constitute a waiver of any right in such information and materials. The content on the website is the copyrighted work of CILEX or their third-parties.

You may for your own personal and non-commercial use only, do the following:

1. Retrieve, Display and View the Content on a standalone personal computer, laptop or mobile device screen.

2. In the normal course of browsing through the website CILEX agree to your printing or downloading (1 copy of content) to a standalone personal computer (including laptops and mobile devices), extracts for personal use provided that both CILEX is the acknowledged source, including the reference “https://www.cilex.org.uk/” and that CILEX may revoke this permission at any time. Any unauthorised use of the material is prohibited.

3. Information contained in the members area is for members use only and should not be copied or distributed to any third-parties.

Any other use of the material content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, display distribute, commercially exploit or create derivative works, such as material and content.

All copyright and other proprietary notices appearing on such materials must be preserved without alteration or modification. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content without the written permission of CILEX.

This Website is maintained and presented by CILEX from within the United Kingdom and makes no representation that materials on the website are appropriate or available for use anywhere outside the United Kingdom.

You must not use our website in any way that causes or may cause damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not:

– Republish material from this website (including republication on another website).

– Sell, rent or sub-license material from the website.

– Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose.

– Edit or otherwise modify material on our website.

– Redistribute material from this website, except for content specifically and expressly made available for redistribution.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material, which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including and without limitation scraping, AI generated content/collation, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. The following activities are also prohibited without the CILEX’s prior written permission: the use of any robot, spider, other automatic device or manual process to monitor or copy the website or any content on any other server, website, public electronic retrieval system or service. The unauthorised access or use of the CILEX’s services, including any attempt to probe, scan or test the vulnerability of a system or breach security or authentication measures without the express authorisation of the CILEX is prohibited. Users should not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the “software” tools (including the tools, methods, processes and infrastructure) underlying the Services or any other software on the CILEX website.

You must not use our website for any purposes related to marketing without our express written consent.

Prohibited Use

You may not use the Website for any of the following purposes:

1. In any way, which causes or may cause damage to the Website or interferes with any other person’s use or enjoyment of the Website;

2. In any way, which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order;

3. Making, transmitting or storing electronic copies of content protected by Copyright without the permission of the Website owner.

CILEX’s Copyright Statement:

© CILEx Group 2018. All rights reserved. Material may not be altered or reproduced without the written consent of the CILEx Group.

Use of the CILEx name, logo or crest is strictly prohibited without the written consent of the CILEx Group

CILEX’s Intellectual Property Statement:

We are the owner or the licensee of all intellectual property rights in all products provided to you, and in the material published on our website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Links to Other Websites

This Website may contain links to other websites and third-party content. Unless expressly stated, these sites are not under the control of the CILEX or that of our affiliates.

We assume no responsibility for the content of such Websites and disclaim Liability for any and all forms of loss or damage arising out of the use of them. Any such activity and any terms, conditions, warranties or representations, associated with such activity is solely between you and the applicable third-party. CILEX shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

The inclusion of a link to another website on this Website does not imply any endorsement of the websites or of those in control of them and in no event shall CILEX or its licensors be responsible for any content, products or other materials on or available from such websites. We provide Membership Services to you pursuant to the Terms and Conditions of this Agreement, the terms of your membership contract (Application for Membership), acceptance of our Privacy Policy and adherence to the Code of Conduct and Complaints Procedure.

Social Media

By communicating with the brand CILEX across The CILEX Community Website (Hivebrite), Instagram, Twitter, LinkedIn or Facebook (or any other social media channels), you agree to the following:

1. You hereby grant us the right to use any image(s), content and/or your handles, in which you have tagged or mentioned in CILEX, on our website and/or any CILEX social media platforms, including, but not limited to The CILEX Community Website (Hivebrite), Twitter, LinkedIn, Instagram and Facebook.

2. The CILEX reserves the right to use, modify, combine or reproduce with other material your content with no obligation and it is royalty free.

3. You warrant that you own your posted content and that it does not violate or infringe on the rights of any third-party and you have permission to use or appear in the content.

4. You must not deliberately provide false information in your Profile or a posting and if you have used AI (Artificial Intelligence) to produce any post or content, you must have validated all sources of text and images (ensuring that content is factual, accurate and that it does not include AI Hallucinations or Bias), so that the post does not breach Copyright or any Intellectual Property Rights.

You must not extract any information from the CILEX Community Website, either directly or indirectly via an AI Platform /Tool, which relates to the Terms of Use restrictions, as described in CILEX’s Terms of Use Policy.

5. You are 18 years of age and over. (The CILEX Community website age limit is 16 years of age and over).

These Terms and Conditions serve all activity, in relation to CILEX, unless otherwise stated.

Privacy Policy and Cookies Policy

Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these Terms and Conditions by this reference. To view the Privacy Policy and the Cookies Policy, please click on the following links:

Privacy Policy

Cookies Policy

CILEX is registered as a Data Controller at the UK Information Commissioner’s Office under number Z7185599.

Availability of the Website, Force Majeure and Disclaimers

Any online facilities, tools, services or information that CILEX makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. CILEX is under no obligation to update information on the Website.

Whilst CILEX uses reasonable endeavours to ensure that the Website is secure and free from errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers or other IT/Mobile devices. CILEX is not responsible for any delays, delivery failures or other problems resulting from such problems.

CILEX accepts no liability for any disruption or non-availability of the Website. Operation of our services may be interfered with by numerous factors outside our control and we shall not be liable to you for any delay, limitations, failure or other problems in the use of the internet, in its performance or electronic communications under this Agreement resulting directly or indirectly from causes beyond CILEX’s control.

CILEX reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website, unless it is expressly stated otherwise.

Exclusion of Third-Party Rights

These Terms of Use are for the benefit of you and CILEX and are not intended to benefit any third-party or to be enforceable by any third-party. The exercise of our and your rights, in relation to these Terms of Use is not subject to any consent to any Third-Party.

Limitation of Liability

Under no circumstances and regardless of legal theory, whether in tort, contract or otherwise will CILEX (Chartered Institute of Legal Executives) be liable to you or to any other person for any indirect, special, incidental or consequential damages, however caused and regardless of character, including without limitation, any damages relating to lost data, computer failure or malfunctioning or otherwise. The foregoing shall not limit CILEX’s liability, in respect of death or personal injury caused by its negligence, but shall otherwise be enforceable to the maximum extent permitted by applicable law.

You agree to this allocation of risk, in relation to your use of the website. CILEX expressly disclaims all liability for any direct, indirect or consequential loss, damage or injury occasioned from the use or inability to use this website, whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise, even if such loss was reasonably foreseeable and CILEX had been advised of the possibility of the same. Consequential and indirect loss and damage shall include, but not be limited to, loss of profits, loss of goodwill and wasted expenditure.

Nothing in these Terms of Use will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in these Terms of Use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the Terms of Use or in relation to the subject matter of the Terms of Use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature. The Copyright, Trademark and other Intellectual Property Rights in and to the website and its contents are owned by CILEX or its licensors and may not be used or reproduced, except in the manner set out in this notice. All rights not expressly licensed hereunder are reserved by CILEX.

We will not be liable to you, in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, CILEX accepts no liability for any of the following:

1. Any businesses losses, such as of loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

2. Any loss or corruption of any data, database or software;

3. Any special, indirect or consequential loss or damage.

Indemnity

You hereby agree fully to indemnify and defend CILEX (Chartered Institute of Legal Executives) and undertake to keep CILEX indemnified against any losses, claims, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third-party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by CILEX arising out of any breach by you of any provision of these Terms of Use or arising out of any claim that you have breached any provision of these Terms of Use.

Breaches of These Terms of Use

Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, we may take such action, as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

General

You may not transfer any of your rights under these Terms and Conditions to another person. We may transfer our rights under these Terms and Conditions, where we reasonably believe your rights will not be affected. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.

We may revise these Terms of Use from time-to-time. Revised Terms of Use will apply to the use of our website from the date of the publication of the revised Terms of Use on our website. Please check this page regularly to ensure that you are familiar with the current version.

These Terms and Conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place, in relation to the Terms and Conditions.

The Contracts (Rights of Third-Parties) Act 1999 shall not apply to these Terms and Conditions and no third-party will have any right to enforce or rely on any provision of these Terms and Conditions.

If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part provision will to the extent required be deemed to be deleted and the validity and enforceability of the other provisions of these Terms and Conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that or any other right or remedy. This Agreement shall be governed by and interpreted, according to the law of England and Wales, UK Law and/or any European Law that is applicable to UK Legislation and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales. The website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the use of the Website.

Assignment

This Agreement may not be assigned by you without the prior written approval of CILEX, but it may be assigned without your consent by CILEX to (a) a parent or subsidiary, (b) an acquirer of assets, or (c) a successor by merger. Any purported assignment in violation of this section shall be void.

Changes in Terms and Conditions

CILEX reserves the right to modify the Terms and Conditions of this Agreement or its policies relating to CILEX at any time, effective upon posting of an updated version of this Agreement on the CILEX website. You are responsible for regularly reviewing this Agreement. Continued use of the CILEX website, after any such changes shall constitute your consent to such changes. Our Terms and Conditions will be kept up-to-date at CILEX.

Definitions

By “CILEX Technology” we mean all of CILEX’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by CILEX.

“Consent” of the Data Subject is any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear affirmative action signifies agreement to the processing of Personal Data relating to them.

By “Customer Data” we mean any data, information or material provided or submitted by you to CILEX, in the course of using the CILEX website/services.

“ICO” means the Information Commissioner’s Office, which is the Data Protection Supervisory Authority for the UK.

Identifiers: means login and password or social login the User used to create the User Account.

“Incident” means: (a) a complaint or a request with respect to the exercise of the Rights of the Individual under the UK Data Protection Legislation; (b) an investigation into or seizure of the Personal Data by government officials or a specific indication that such an investigation or seizure is imminent; or (c) any breach of the security and/or confidentiality, as set out in this DPA leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to the Personal Data or any indication of such breach having taken place or being about to take place.

By “Intellectual Property Rights” we mean unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights and all other intellectual property rights, derivatives thereof and forms of protection of a similar nature anywhere in the world.

“Personnel” refers to those individuals, who are employed by or are under contract to perform a service on behalf of one of the parties. Personnel may have rights to their Personal Data (including business contact information), if they reside in the EU. It is important to be clear about how personnel’s rights are protected.

Party or Parties: means the User and CILEX designated, either individually or collectively.

“Profiling” means any form of automated processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to a natural person and in particular, to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

“Pseudonymisation” is the processing of Personal Data in such a manner that the Personal Data can no longer be attributed to a specific Data Subject without the use of additional information, provided that such additional information is kept separately and is subject to technical, organisational and security measures to ensure that the Personal Data are not attributed to an identified or identifiable natural person.

“Recipient” is a natural or legal person, public authority, agency or another body, to which the Personal Data are disclosed, whether a third-party or not. However, public authorities, which may receive Personal Data in the framework of a particular inquiry, in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be, in compliance with the applicable data protection rules, according to the purposes of the processing.

“Restriction of Processing” is the marking of stored Personal Data with the aim of limiting their processing in the future.

Service: means the CILEX Website and all the functionalities provided thereto and described in the Terms and Conditions.

Service Content: any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links and other content or materials made available, during the Service.

“Third-Party” is a natural or legal person, public authority, agency or body other than the Data Subject, Data Controller, Data Processor and persons, who under the direct authority of the Data Controller or Data Processor are authorised to process Personal Data.

‘’UK Data Protection Legislation’’ means all applicable laws relating to UK Data Protection, the processing of Personal Data and Privacy including:

– the UK Data Protection Act 2018

– the EU General Data Protection Regulation (EU) 2016/679; and

– the Privacy and Electronic Communications EC Directive 2003 (as may be amended by the proposed regulation on Privacy and Electronic Communication).

And any superseding legislation and all other applicable laws, regulations, statutory instruments, and/or any codes, practices and guidelines issued by the relevant Data Protection or Supervisory Authority in force from time-to-time and applicable to a party, relating to processing of Personal Data and/or governing individual’s rights to privacy.

By “User” we mean an individual authorised to use CILEX Membership Services and have been supplied user identifications and passwords (or by CILEX at your request or the applicable Administrator’s request).

User Account: means a dedicated online account opened by any visitor and providing access to the Service.

User Content: any content created, posted or shared by the User, on or through the Service, including any information, data, photos and other content relating to the User.

The terms ‘’Data Subjects’’, ‘’Personal Data’’, “Process”, “Processed”, ‘’Processing’’, ‘’Processor’’, ‘’Controller’’ and “Supervisory Authority” (and their derivatives) shall have the meaning set out and will be interpreted, in accordance with such Applicable Laws relating to UK Data Protection.

CILEX (Chartered Institute of Legal Executives) Information

CILEX (Chartered Institute of Legal Executives) incorporated by Royal Charter and registered in England & Wales under number RC000850, whose principal office is at Chartered Institute of Legal Executives, Kempston Manor, Kempston, Bedford, MK24 7AB and it operates the Website: https://www.cilex.org.uk/.

The Terms and Conditions of the Use of this Website and our Terms and Conditions of Business are reviewed regularly.


Last Update: March 2024