Terms & Conditions
Terms and Conditions of Use
THE BAR COUNCIL PUPILLAGE GATEWAY
TERMS AND CONDITIONS OF USE
- General terms and conditions of use
- 1.1. This page (together with the documents referred to on it) tells you the terms and conditions of use (the “Terms”) on which you may make use of the Pupillage Gateway (“the Gateway”).
- 1.2. The Gateway is located at www.pupillagegateway.com and is made available to
for the respective purposes of advertising pupillage vacancies (in the case of ATOs) and applying for pupillage vacancies (in the case of Applicants) (together “the Approved Purposes”).
- approved providers of pupillages (“Approved Training Organisations” or “ATOs”); and
- applicants for a pupillage (“Applicants”),
- 1.3. You and we acknowledge that certain ATOs may elect not to use the Gateway for processing pupillage applications (Non-Subscribing ATOs) but that such Non-Subscribing ATOs are required to notify us of their vacancies (so that we may post such vacancies on the Gateway).
- 1.4. The Gateway is owned and operated by The General Council of the Bar (“we/us/our”). Our principal offices are at 289-293 High Holborn, London WC1V 7HZ. Our VAT Number is 404524779.
- 1.5. Unless otherwise stated, these Terms apply to both ATOs and Applicants.
- 1.6. You must read these Terms carefully before you start to use the Gateway. By using the Gateway you indicate that you accept these Terms and agree to abide by them. If you do not agree to these Terms, please refrain from using the Gateway.
- 1.7. From time to time we may update these Terms. When we do, we will publish the changes on the Gateway site (http://www.pupillagegateway.com/). If material changes are made to these Terms, we will notify you by e-mail or by placing a prominent notice on the Gateway. If you do not agree to these changes, please do not continue to use the Gateway. If you continue to use the Gateway, such use shall be deemed to be acceptance by you of the updated Terms.
- Accessing the Gateway
- 2.1.Access to the Gateway is permitted on a temporary basis, and we reserve the right to withdraw or amend the related Gateway services without notice. We will not be liable if for any reason the Gateway, or any part of it, is unavailable at any time for any period
- 2.2 From time to time, we may temporarily restrict access to the Gateway for housekeeping and/or security reasons.
- 2.3 You must treat all information required in connection with our validation and security process and procedures (including your username and password) as confidential and you must not disclose such information to any third party. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the these Terms.
- 2.4 When using the Gateway, you must comply with the provisions of our acceptable use policy (as set out at Clause 4 below).
- 2.5 You are responsible for making all arrangements necessary for you to have access to the Gateway. You are also responsible for ensuring that any person who uses the Gateway on your behalf is aware of these Terms and complies with them.
- 2.6 If you are an ATO, use of the Gateway is conditional on prior payment of the appropriate annual subscription fee (plus VAT) via the Barrister Connect site (www.barristerconnect.org.uk). In the event that you have not paid such fees (in full or in part), we may suspend your access to the Gateway pending receipt of such payment.
- User eligibility
- 3.1 If you are a training provider, you may only use the Gateway if you have been accredited by the Bar Standards Board as an Approved Training Organisation.
- 3.2 If you are an Applicant, you may only use the Gateway if you are legally capable of entering into this form of contract and are at least 18 years of age.
- 3.3 You are responsible for setting up and maintaining your own username and password. We reserve the right to require you to change your username if we reasonably believe, in our sole discretion, that your username impersonates another person, infringes somebody else’s trademark or other intellectual property right, or is offensive, defamatory or otherwise inappropriate.
- 3.4 You agree that you will ensure that all details which you input to the Gateway (including your details and/or details relating to a pupillage vacancy or an application for a vacancy) remain true, accurate, current and complete during the period of use by you of the Gateway and/or the period during which such details may be accessed by others. In the event that any such details become inaccurate or out-of-date or incomplete, you will make appropriate corrections as soon as is reasonably practicable. If you are, for any reason, unable to make such corrections, then you agree to notify us of the relevant changes by emailing us at pupillagegateway@BarCouncil.org.uk.
- 3.5 If you are an ATO, you acknowledge that the submission of data relating to the completion of each application process is critical to the proper and effective management of the Gateway. Accordingly you agree that in relation to each application submitted to you via the Gateway you will, at the conclusion of the application process, enter details recording whether or not such application was (or was not) successful. You acknowledge that failure to provide this information may have an adverse impact on the quality of the reporting facilities provided by the Gateway and may result in future requests to use the Gateway being refused.
- Acceptable Use Policy
- 4.1 This clause 4 sets out the general terms between you and us governing access to and acceptable use of the Gateway (“the Acceptable Use Policy”). Your use of the Gateway means that you accept, and agree to abide by, all the policies in this policy. Failure to comply with this Acceptable Use Policy constitutes a material breach of these Terms and may result in our taking all or any of the following actions (at our sole discretion):
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The actions described above are not limited and we may take any other action we reasonably deem to be appropriate.
- Immediate, temporary or permanent withdrawal of your right to use the Gateway;
- Immediate, temporary or permanent removal of any posting or material uploaded by you to the Gateway;
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach (including, but not limited to, all legal costs);
- Further legal or disciplinary action against you; or
- Disclosure of such information to law enforcement authorities or regulators as is reasonably necessary.
- 4.2 You may not:
- (a) use the Gateway for any purposes other than the Approved Purposes;
- (b) use the Gateway in any way that may damage or disrupt another user’s computer;
- (c) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the services;
- (d) use personal information obtained from the Gateway other than in accordance with clause 5.1;
- (e) upload, transmit or post any computer viruses, worms or Trojan horses, time-bombs, keystroke loggers, spyware, adware or any other harmful files, programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- (f) do anything to disrupt, damage, impair, interrupt, slow down or effect the functionality of the Gateway;
- (g) impersonate another person or entity or create a false identity for the purpose of misleading any other user or member as to the identity of the sender or the origin of a message;
- (h) do anything that would interfere with another user’s ability to use or enjoy the Gateway or any related services or that would discourage a user from using the Gateway or engaging our services; or
- (i) send, upload, post or otherwise make available any solicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any duplicative or unsolicited messages.
- 4.3 You are responsible for keeping your user name and password secret and secure. Please report any unauthorised use of your account to us at firstname.lastname@example.org as soon as possible.
- Personal information
- 5.1 Personal information is information about a living individual. Such information may be provided to us by you through the input areas within the Gateway and/or accessed by you through the Gateway. Personal information may include sensitive personal information that you submit to us or that you obtain from the Gateway, such as information about a disability or a person’s racial or ethnic origin. By using the Gateway you:
- (a) consent to our processing this personal information;
- (b) warrant that all such information provided by you is accurate (and will be kept up to date); and
- (c) agree, if you are an ATO, that you will keep each relevant Applicant’s personal information confidential and will only use such personal information for the limited purposes of that person’s application and/or compliance with the Equalities Act 2010.
- 6.1 All rights, including copyright and database rights, in the Gateway (and its contents), are owned by or licensed to us, or otherwise used by us as permitted by applicable law or the copyright holder. To the extent that any such rights are our property, such rights shall be retained buy us.
- 6.2 You may not remove any copyright, trademark or intellectual property notices contained in the original material from any material downloaded or copied from the Gateway.
- 6.3 You may not copy, distribute or use any of the material contained on the Gateway for any purpose other than the Approved Purposes.
- 6.4 We grant you a limited revocable license to access and use the Gateway and the services for the Approved Purposes only, subject to your compliance with these Terms. This license does not include the right to collect or use information contained on the Gateway for the following or any analogous purposes:
- (a) to create derivative works based on the content of the Gateway;
- (b) to download or copy the Gateway or any part of it (other than page caching); or
- (c) to create a database by systematically downloading substantial parts of the Gateway.
- 6.5 If you use the Gateway in a manner that exceeds the scope of this license or you breach these Terms, we may revoke the license granted to you and take further action to recover losses and/or to prevent your future use of the Gateway.
All names, images, logos identifying us or our services are our proprietary marks. All third party names, logos, images or branding relating to a company, product or service contained on the Gateway are the trademarks, service marks and trade names of their respective holders. Unless you have obtained the holders’ explicit written consent (either from us or the appropriate third party), we do not give permission for any use of any such trademark, service mark or trade name by any person other than the holders. Any such use may constitute an infringement of the relevant holder’s rights.
- Viruses, hacking and other offences
You must not damage or attempt to damage the Gateway by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Gateway, the server on which the Gateway is stored or any server, computer or database connected to the Gateway. You must not attack the Gateway via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would 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 cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Gateway will cease immediately.
- External links
The Gateway may contain links to other websites, which are beyond our control. Such links are provided solely for information purposes and shall not be construed as any form of recommendation or approval by us. You hereby acknowledge that such third party websites are independent from the Gateway, that we have no control over the content of linked third party websites and that you visit such third party websites entirely at your own risk. We accept no responsibility for the content of such websites, nor do we accept responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of your use of any links to any other websites or reliance on the content of any website to which the Gateway is linked or to which you are directed.
- Framing, linking and deep-linking
You may not frame, link or deep-link the Gateway to any other website without our prior written consent.
If you have any complaints about the Gateway, please e-mail us at pupillagegateway@BarCouncil.org.uk and we will consider your comments carefully.
- Our rights
- 12.1 Any rights not expressly granted herein are reserved to the Bar Council.
- 12.2 The Bar Council will always seek criminal prosecution of any individual who, or organisation which, seeks to use the Bar Council’s name, material, logos or trademarks for unlawful purposes and, where appropriate, will take action within the civil courts of any applicable jurisdiction against any individual or organisation discovered to be using the Bar Council’s name, logos, trademarks or the Gateway for unauthorised or unlawful purposes.
- 12.3 Any delay or failure by the Bar Council to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy.
- Disclaimer and warranties
- 13.1 If you are an ATO, you acknowledge that all information on the Gateway in relation to applicants and applications for pupillage vacancies has been provided by Applicants and not by us. If you are an Applicant, you acknowledge that all information on the Gateway in relation to pupillage vacancies has been provided by ATOs and not by us. Accordingly we are not able to warrant or guarantee the quality, accuracy, timeliness, completeness or fitness for purpose of the information provided on the Gateway. No responsibility is accepted by or on behalf of us for any errors, omissions or inaccurate information on the Gateway, nor are we responsible for how you use or interpret the information, or what reliance you place on it.
- 13.2 The information and content of the Gateway is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service. We confirm that any ATO whose details are provided on the Gateway has been accredited by the Bar Standards Board as an authorised provider of training services (for pupillage purposes). In the event that such accreditation is withdrawn we will use reasonable endeavours to amend the Gateway accordingly.
- 13.3 We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Gateway and all warranties, including implied warranties of satisfactory quality, fitness for purpose, non infringement and accuracy are excluded to the fullest extent that they may be excluded under applicable law. To the fullest extent permitted by law the Bar Council will not be liable for any claims, costs, penalties, loss (whether direct, indirect or consequential and whether economic or special loss), damages or expenses arising from the use or from the inability to use the Gateway or from reliance on information or on advice contained on the Gateway or from any unauthorised access or alteration to it by a third party.
- 13.4 We do not guarantee that the Gateway (or any part of it) or any content is compatible with your computer equipment nor that the Gateway (or any part of it), or its server, is free of errors or viruses, worms, bugs or Trojan horses, logic bombs or other material which is malicious or technologically harmful.
- 13.5 We will try to make the Gateway available but cannot guarantee that it will operate continuously or without interruptions, or be error-free, and can accept no liability for its unavailability. We will provide the service using reasonable skill and care and we make no warranties other than those made expressly in these Terms. We hereby disclaim to the extent permitted by law all other express or implied warranties (including without limitation warranties of fitness for a particular purpose and merchantability) other than those which cannot be excluded by law.
- Limitation of liability
- 14.1 Except for liability for fraudulent misrepresentation or in relation to death and personal injury arising from negligence, neither you nor we shall be liable to each other for any indirect, incidental, punitive or consequential damages arising from the use of the Gateway, any information contained on the Gateway or any related services, including, without limitation use or loss of use, loss of data, profits, revenue, business or anticipated savings, whether in action of contract, negligence or other tortious action arising out of or in connection with the use of the Gateway.
- 14.2 Except for liability for fraudulent misrepresentation or in relation to death and personal injury arising from our negligence, and subject to clause 14.4, we will not be responsible or liable to you or any third party for:
- (a) the content of websites to which the Gateway provides links (and we do not accept responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of your use of any links to any other websites or reliance on the content of any website to which the Gateway is linked or to which you are directed);
- (b) any loss arising from use of the information on the Gateway;
- (c) any loss, disruption, damage of your data or computer system which you may suffer as a result of the transmission of any errors or viruses, worms, bugs or Trojan horses, any distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Gateway, or to your downloading of any material posted on them, or any website linked to them or other such destructive feature via the Gateway; and/or
- (d) for deleting any or other materials relating to your use of the service on our servers or otherwise in our possession following termination of your use of the Gateway and/or the service in accordance with Clause 14.4.
- 14.3 Subject to clauses 14.1 and 14.2, our liability to you or any third person for any and all damage or loss that may arise from the use of the Gateway, any information contained on the Gateway shall not exceed £1,000 (one thousand pounds sterling).
- 15.1 Either party may terminate these Terms upon notice to the other if the other is in material breach of these Terms. If you are in material breach of these Terms we may (in our sole discretion) upon notice to you:
- (a) suspend, limit your access to or terminate your use of the Gateway and/or the service; and/or
- (b) suspend, limit your access to or terminate your account.
- 15.2 If you or we terminate your use of the Gateway, we may delete from our servers (and from the Gateway) any information or materials relating to you (and/or your use of the Gateway).
If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable, it/they shall be severed and deleted from these Terms and all other terms and/or conditions shall remain in full force and continue to be binding and enforceable.
- Entire agreement
Without prejudice to your or our rights in respect of fraud or fraudulent misrepresentation, these Terms constitute the entire understanding and agreement between you and us regarding the subject matter of these Terms and supersede all prior and contemporaneous agreements and understandings between you and us regarding the subject matter of these Terms.
- Rights of third parties
Notwithstanding anything else in these Terms, the Contracts (Rights of Third Parties) Act 1999 shall not apply to any contract between you and us and no contractual rights are conferred on any third parties.
- Governing law and jurisdiction
- 19.1 These Terms shall be governed by and construed in accordance with the laws of England. The courts of England shall, subject to clause 19.2 below, have exclusive jurisdiction over any claims, dispute or matter arising under or in connection with these Terms.
- 19.2 We shall retain the right to bring proceedings in the courts of the country of residence of any user of the Gateway.