Terms & conditions

Terms and Conditions of Use

  1. General terms and conditions of use
    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”).
    2. The Gateway is located at www.pupillagegateway.com and is made available to
      1. approved providers of pupillages (“Authorised Education and Training Organisations” or “AETOs”); and
      2. applicants for a pupillage (“Applicants”)
      for the respective purposes of advertising pupillage vacancies (in the case of AETOs) and applying for pupillage vacancies (in the case of Applicants) (together “the Approved Purposes”).
    3. You and we acknowledge that certain AETOs may elect not to use the Gateway for processing pupillage applications (Non-Subscribing AETOs) but that such Non-Subscribing AETOs are required to notify us of their vacancies (so that we may post such vacancies on the Gateway).
    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.
    5. Unless otherwise stated, these Terms apply to both AETOs and Applicants.
    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.
    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.
  2. Accessing the Gateway
    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. From time to time, we may temporarily restrict access to the Gateway for housekeeping and/or security reasons.
    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 these Terms.
    4. When using the Gateway, you must comply with the provisions of our acceptable use policy (as set out at Clause 4 below).
    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.
    6. If you are an AETO, use of the Gateway is conditional on prior payment of the appropriate annual subscription fee which can be made by contacting the Services Team at pupillagegateway@barcouncil.org.uk or on 020 7611 1321. 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.
  3. User eligibility
    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 Authorised Education and Training Organisation.
    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. 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.
    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.
    5. If you are an AETO, 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.
  4. Acceptable Use Policy
    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):
      1. Immediate, temporary or permanent withdrawal of your right to use the Gateway;
      2. Immediate, temporary or permanent removal of any posting or material uploaded by you to the Gateway;
      3. Issue of a warning to you;
      4. 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);
      5. Further legal or disciplinary action against you; or
      6. Disclosure of such information to law enforcement authorities or regulators as is reasonably necessary.
      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.
    2. You may not:
      1. use the Gateway for any purposes other than the Approved Purposes;
      2. use the Gateway in any way that may damage or disrupt another user’s computer;
      3. modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the services;
      4. use personal information obtained from the Gateway other than in accordance with clause 5.1;
      5. 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;
      6. do anything to disrupt, damage, impair, interrupt, slow down or effect the functionality of the Gateway;
      7. 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;
      8. 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
      9. 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.
    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 pupillagegateway@barcouncil.org.uk as soon as possible.
  5. Our data protection obligations towards Applicants
      1. Personal data is information about a living individual from which that individual can potentially be identified. Such information may be provided to us by Applicants through the input areas within the Gateway. Personal data may include special category personal data that you submit to us, including:
        1. racial or ethnic origin;
        2. religious/philosophical beliefs;
        3. physical or mental health or condition; and
        4. sexual life or sexual orientation.
    By using the Gateway you:
      1. are aware we will be processing this personal information for the agreed purpose;
      2. warrant that all such information provided by you is accurate (and will be kept up to date); and
    1. We agree that we will collect and process your personal information in accordance with our Privacy Statement and the Data Protection Legislation. In this respect:
      1. You can access the Privacy Statement at www.barcouncil.org.uk/privacy-statement/ (“Privacy Statement”); and
      2. For the purposes of these Terms, “Data Protection Legislation” means (i) the Data Protection Act 2018, and (ii) the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation, for so long as the GDPR is effective in the UK.
      3. Specifically, the Bar Council will Retain full data for unsuccessful candidates for 6 years to enable applicants to reapply for Pupillage, after 6 years we will securely destroy this and only save data in an anonymised form for analysis. For successful applications, the Bar Council will only retain the full application for one year.
    2. From time to time we may update the Privacy Statement. When we do we will publish the changes on the Gateway (together with a prominent notice drawing your attention to the changes) and/or notify you by e-mail.
  6. Data Sharing arrangements with AETOs
    1. For the purposes of these Terms, the following definitions will apply:
      1. “Agreed Purposes” means the purposes of processing an application for a pupillage vacancy;
      2. “Controller”, “data controller”, “data processor”, “data subject”, “personal data”, “processing”, and “appropriate technical and organisational measures” have the meanings as set out in the Data Protection Legislation;
      3. “Data Protection Legislation” has the meaning as set out at paragraph 5(b)(ii) above;
      4. “Shared Personal Data” means the personal data provided to us by Applicants through the input area of the Gateway and accessed by AETOs for the Agreed Purposes.
    2. The Bar Council and AETOs are both data controllers in their use of the Pupillage Gateway. The Bar Council and AETOs acknowledge that the Bar Council will regularly disclose to AETOs Shared Personal Data collected through the Gateway for the Agreed Purposes.
    3. Each party shall comply with all the obligations imposed on a data controller under the Data Protection Legislation.
    4. The Bar Council and each AETO shall:
      1. ensure that it has all necessary notices and consents in place to enable lawful transfer of the Shared Personal Data to the AETO for the Agreed Purposes;
      2. give full information to any data subject whose personal data may be processed under these Terms of the nature of such processing.  This includes giving notice that, on the termination of these Terms, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the AETOs, their successors or assignees as relevant;
      3. process the Shared Personal Data only for the Agreed Purposes;
      4. not disclose or allow access to the Shared Personal Data to anyone outside the AETO;
      5. ensure that all employees of the AETOs and any third parties with access to the Shared Personal Data are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by these Terms;
      6. ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data;
      7. not transfer any personal data received via the Gateway outside the EEA unless the transferor:
        1. complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint controller); and
        2. ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR; (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) one of the derogations for specific situations in Article 49 GDPR applies to the transfer;
      8. Each AETO shall assist the Bar Council (and the Bar Council shall assist each AETO) in complying with all applicable requirements of the Data Protection Legislation. In particular, each party shall, insofar as it relates to the other party:
        1. provide the other party with reasonable assistance in complying with any data subject access request;
        2. assist the other party in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
        3. notify the other party without undue delay on becoming aware of any breach of the Data Protection Legislation;
        4. provide the other party with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislation.
      9. Each party shall indemnify the other against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the indemnified party arising out of or in connection with the breach of the Data Protection Legislation by the indemnifying party, its employees or agents, provided that the indemnified party gives to the indemnifier prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it.
  7. Copyright
    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 by us.
    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.
    3. You may not copy, distribute or use any of the material contained on the Gateway for any purpose other than the Approved Purposes.
    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:
      1. to create derivative works based on the content of the Gateway;
      2. to download or copy the Gateway or any part of it (other than page caching); or
      3. to create a database by systematically downloading substantial parts of the Gateway.
    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.
  8. Trademarks 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.
  9. 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.
  10. 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.
  11. Framing, linking and deep-linking You may not frame, link or deep-link the Gateway to any other website without our prior written consent.
  12. Complaints If you have any complaints about the Gateway, please e-mail us at pupillagegateway@BarCouncil.org.uk and we will consider your comments carefully.
  13. Our rights
    1. Any rights not expressly granted herein are reserved to the Bar Council.
    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.
    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.
  14. Disclaimer and warranties
    1. If you are an AETO, 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 AETOs 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.
    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 AETO 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.
    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.
    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.
    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.
  15. Limitation of liability
    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.
    2. Except for liability for fraudulent misrepresentation or in relation to death and personal injury arising from our negligence, and subject to clause 15(b)(iv), we will not be responsible or liable to you or any third party for:
      1. 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);
      2. any loss arising from use of the information on the Gateway;
      3. 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
      4. 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 15(b)(iv).
    3. Subject to clauses 15(a) and 15(b), 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).
  16. Termination
    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:
      1. suspend, limit your access to or terminate your use of the Gateway and/or the service; and/or
      2. suspend, limit your access to or terminate your account.
    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).
  17. Severability 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.
  18. 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.
  19. 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.
  20. Governing law and jurisdiction
    1. These Terms shall be governed by and construed in accordance with the laws of England. The courts of England shall, subject to clause 20(b) below, have exclusive jurisdiction over any claims, dispute or matter arising under or in connection with these Terms.
    2. We shall retain the right to bring proceedings in the courts of the country of residence of any user of the Gateway.