Definitions and Interpretations
Interpretation
Terms defined in this Agreement are indicated by an initial capital letter. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
“Account” means a unique account created for You to access our Service or parts of our Service.
“Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to CourtCorrect.
“Service” refers to the CourtCorrect product and website.
“Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
“Website” refers to CourtCorrect, accessible from courtcorrect.com or any subdomains thereof (e.g. platform.courtcorrect.com)
“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgement
These are the Terms and Conditions governing your use of this Service and the agreement that operates between you and CourtCorrect. These Terms and Conditions outline the rights and obligations of all users regarding their use of the Service.
Your access to and use of the Service is conditional upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions are applicable to all visitors, users, and others who access or utilise the Service.
By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, then you should not access the Service.
Why should You read these terms?
Please read these terms carefully before You agree to use the CourtCorrect service (referred to in these Terms as “the Service”). These terms tell You who we are, how we will provide the Service to You, how You and we may change or end the contract between us for your use of CourtCorrect, what to do if there is a problem and other important information.
Incorporation of our Privacy Policy
Your access to and use of the Service is also contingent upon your acceptance of and compliance with CourtCorrect's Privacy Policy. Our Privacy Policy details our practices and procedures concerning the collection, use, and disclosure of your personal information when you use the Application or the Website. It also informs you about your privacy rights and how the law protects you. We strongly recommend that you read our Privacy Policy thoroughly before using our Service.
Are You A Business Or A Consumer
About Us
CourtCorrect Ltd (company number 12117945) (we and us) is a company registered in England and Wales and our registered office is at 33 Percy St, W1T 2DF, London, UK, which is also our trading address. We operate the CourtCorrect service.
Our Contract With You
These terms and conditions (Terms) apply to the you and the supply of the Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
You should print off a copy of these Terms or save them to your computer for future reference.
Placing An Order, Its Acceptance And Revenues Generated On CourtCorrect
Consumer Rights To Cancel Your Order
Our Services
Your Obligations
Indemnity
This clause only applies if You are not a consumer.
You shall defend, indemnify and hold harmless us against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services.
Free Trial Period
We may make some Services available to you on a trial basis free of charge.
We will mark clearly on our platform which, if any, services are free, for how long they are free and how you can use them.
We reserve the right to cancel your free access to any of the Services at any time.
Duration And Renewal Of Your Subscription
We may enable you to purchase and renew a subscription product on our platform in order to use the Services.
We will clearly mark the price, renewal date and any terms associated with such subscriptions.
By buying such a subscription, you accept these Terms of Service alongside any other terms specified in the subscription.
Charges
In consideration of us providing the Services you must pay our charges (Charges) in accordance with this section.
The Charges will be specified clearly whenever you are making a purchase to use our Services.
If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.
We reserve the right to increase the Charges with effect from any future date on which we advertise a change in our charges.
Where VAT or another type of sales tax is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT or similar sales tax, at the applicable rate, at the same time as you pay the Charges. The VAT or similar sales tax applicable will depend on your location. We will mark any VAT or other tax charges clearly when you make a purchase and on any receipts.
How To Pay
We will give you several options to pay the Charges. We may make use of third-party payment processing software in order to process the charge.
By paying us using one of the available payment methods, you agree that we may make refunds to you using the same payment method.
Intellectual Property Rights
All materials you upload to CourtCorrect are referred to in this section as “Materials”.
You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of:
providing the Services to you;
improving the Services and undertaking and sharing anonymised statistical analysis.
You must ensure that You have all necessary rights, consents and permissions required to lawfully upload the Materials to the Services. You must ensure that Materials will not contain any item subject to a duty of confidentiality, or other people’s copyright, or other proprietary rights, or data protection or privacy rights, unless You have necessary permissions or are otherwise legally entitled to post the material and to grant us the licence described above.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
The Customer agrees not to reverse engineer, decompile, disassemble, or otherwise attempt to discover or directly access the source code or any underlying proprietary algorithms of the CourtCorrect software. This prohibition includes, but is not limited to, any form of software analysis or reproduction designed to create a copy or replica of the CourtCorrect software's functionalities, features, or performance.
How We May Use Your Personal Information
We will use any personal information you provide to us to:
provide the Services;
improve the Services;
conduct and share anonymised statistical analysis on use of the Services
process your payment for the Services;
inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
You and we acknowledge that:
if we process any personal data on your behalf when performing our obligations under the Contract, you will be the controller and we are the processor for the purposes of data protection laws.
Our Privacy Policy and Cookie Policy, which are part of the Contract, shall apply to any such processing;
the personal data may be transferred or stored outside the UK in order to carry out the Services and our other obligations under the Contract.
You permit us to keep a copy of your data input into the Services ("Copy Data"). We may use the Copy Data for purposes of producing aggregated and anonymised research and statistical analysis. Because it does not identify any individual person, that anonymised and aggregated data shall not be personal data for the purposes of data protection laws. We will own all the copyright, database right and all other intellectual property rights in any such aggregated and anonymised research and statistical analysis.
In some situations, you may ask us to share your personal information, including but not limited to your name, email, telephone number and address with another person. We will make sure that any actions you take on CourtCorrect having this effect are clearly marked. In these situations, we will share your personal data with other persons to provide the Services.
Further details of how we will process personal information are set out in Privacy Policy.
Our Responsibility For Loss Or Damage Suffered By You - If You Are A Consumer
We exclude liability for all and any type of loss arising from your use of the Services. This includes financial losses due to inaccurate information as well as any other type of damage. We exclude all liability to you to the maximum extent permitted by law.
We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
We are not liable to you for business losses. We only supply the Services to you for personal and private use. If you use CourtCorrect for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Where we are found liable, our maximum liability to you shall be capped at £250 for any individual or series of actions for which we are found liable.
Our Responsibility For Loss Or Damage Suffered By You - If You Are A Business
Nothing in these terms shall limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Subject to section 12:
we (and our officers, directors, employees, shareholders or agents) shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of income, loss of business opportunity, loss of anticipated savings, or any indirect or consequential loss arising under or in connection with any contract between us;
the total liability of us (and our officers, directors, employees, shareholders or agents) to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £250.
Confidentiality
The Provider must:
keep the Customer Confidential Information strictly confidential;
not disclose the Customer Confidential Information to any person without the Customer's prior written consent and no less onerous than those contained in this Agreement.
use the same degree of care to protect the confidentiality of the Customer Confidential Information as the Provider uses to protect the Provider's own confidential information of a similar nature, being at least a reasonable degree of care;
Notwithstanding the preceding Clause, the Provider may disclose the Customer Confidential Information to the Provider's officers and employees who have a need to access the Customer Confidential Information for the performance of their work with respect to this Agreement and who are bound by a written agreement or professional obligation to protect the confidentiality of the Customer Confidential Information
This Clause imposes no obligations upon the Provider with respect to:
Customer Confidential Information that is known to the Provider before disclosure under this Agreement and is not subject to any other obligation of confidentiality;
Customer Confidential Information that is or becomes publicly known through no act or default of the Provider;
Customer Confidential Information that is obtained by the Provider from a third party in circumstances where the Provider has no reason to believe that there has been a breach of an obligation of confidentiality or;
information that is independently developed by the Provider without reliance upon or use of any Customer Confidential Information.
The restrictions in this Clause do not apply to the extent that any Customer Confidential Information is required to be disclosed by any law or regulation, or by any judicial or governmental order or request.
The provisions of this Clause shall continue in force for a period of 5 years following the termination of this Agreement, at the end of which period they will cease to have effect.
Termination
Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
you fail to pay any amount due under the Contract on the due date for payment;
you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
we will contact you as soon as reasonably possible to notify you;
our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by performing the Services up to the date of the occurrence of the Event Outside Our Control.
Our Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
The Customer agrees not to reverse engineer, decompile, disassemble, or otherwise attempt to discover or directly access the source code or any underlying proprietary algorithms of the CourtCorrect software. This prohibition includes, but is not limited to, any form of software analysis or reproduction designed to create a copy or replica of the CourtCorrect software's functionalities, features, or performance.
The Customer shall not disclose, share, or otherwise disseminate any of the Provider's intellectual property, including but not limited to software, source code, documentation, and trade secrets, to any third party without the express written consent of the Provider. Any unauthorised sharing of intellectual property shall constitute a material breach of this Agreement, subject to legal action under UK intellectual property laws.
This clause reaffirms that all intellectual property rights in the CourtCorrect platform, including but not limited to copyrights, patents, trademarks, and trade secrets, are and shall remain the sole property of CourtCorrect. The uploading of Materials to the CourtCorrect platform shall not be construed as a transfer, assignment, or any form of grant of ownership rights to the user, other than the limited licence granted herein.
Notwithstanding any provisions to the contrary in this Agreement, the Provider explicitly retains all intellectual property rights in the CourtCorrect software. This includes, but is not limited to, the software's source code, documentation, and any subsequent developments or enhancements made by the Provider. The provision of services or sharing of any materials under this Agreement shall not imply or result in the transfer, assignment, or concession of any such intellectual property rights to the Customer, save for the limited licence granted expressly within this Agreement.
The term "Replication", as used in this Agreement, is defined in the subsequent Clause. The Customer shall not engage in Replication, as defined, of the CourtCorrect platform, under any circumstances.
For the purposes of this Agreement, Replication shall include, but not be limited to, activities described:
Reverse engineering or attempting to decompile or disassemble the software.
Copying or mimicking the software's user interface, functionality, or user experience.
Using the software to create a derivative work that performs substantially similar functions.
Extracting and using the underlying ideas, algorithms, or source code to create a competing product.
Unauthorised distribution or sharing of the software's code or functionalities with third parties.
which are deemed to constitute a breach of the Provider's intellectual property rights.
Engaging in Replication, as determined by CourtCorrect, shall be considered an infringement of intellectual property rights, resulting in immediate termination of this Agreement.
Such Replication shall constitute a material breach of this Agreement, deemed repudiatory in nature, irrevocably resulting in the immediate termination of this Agreement without necessity for judicial pronouncement.
In the event of unauthorised use or infringement of CourtCorrect's intellectual property rights by the Customer, leading to the termination of this Agreement, CourtCorrect reserves the right to pursue all available legal remedies. This includes, but is not limited to, seeking injunctive relief, damages, and recovery of legal costs incurred due to such infringement. CourtCorrect's decision to pursue these legal remedies shall be at its sole discretion and in accordance with applicable UK intellectual property laws.
In accordance with the provisions of this Agreement, it shall be acknowledged, understood, and irrevocably accepted that the determination, identification, and definition of acts, undertakings, or endeavours that may be construed as Replication of the functionalities inherent in the CourtCorrect platform, shall reside exclusively and inalienably within the competence and authoritative scope of the Provider. Such determinations made by the Provider shall be deemed conclusive, binding, and non-negotiable under the terms of this Agreement.
General
Pursuant to the establishment of an account with CourtCorrect and subsequent utilisation of its product offerings, the account creator is hereby deemed to have executed an implicit agreement, thereby affirmatively assenting to be bound by the terms and conditions as stipulated by CourtCorrect without further documentation.
We may transfer the Contract to someone else. We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights under the Contract to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under the Contract. The Contract is between You and us. Except for any person to whom we may assign our rights, no other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, this term will be severed and the remainder of the contract will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. 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. For example, if You miss a payment and we do not chase You, but we continue to provide the Services, we can still require You to make the payment at a later date.
These terms are governed by English law and You can bring legal proceedings in respect of the products in the English courts.
Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
If You are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
Changes to these terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
These Terms and Conditions were last updated on 16.11.2023.