Terms Of Service
 

Introduction

These Terms of Service, including any future modifications (collectively the "Terms of Service" or "Agreement") govern your use of the Privitus service and is a legal contract between you and us.

By registering with the Privitus service as a User you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to future amendments to these Terms of Service you can terminate your subscription and stop using the Privitus service.

The Privitus service is designed and intended for use by professionals and their clients. If you are under 18 you should first obtain the permission of a parent or guardian before making use of the Privitus service and you may not use the Privitus service if you are under the age of 14. If you become aware of any User who is under the age of 14 please notify us immediately.

Definitions

‘CRL’ Case Record Limited, providers of the Privitus service

Privitus service’ Online services provided via www.privitus.com

‘Content’ Messages and uploaded documents posted in a Group

‘Creator’ A User who has subscribed to the Privitus service and thereby has the power to create Case Records and Groups

‘Group’ and ‘Groups’ Groups, including the ‘Main Forum’, created by Users

‘Guest User’ Registered users not subscribed to the Privitus service

‘Users’ Users who have registered with the Privitus service

The purpose, principal functions and permitted use of Case Records and Groups

Purpose

The Privitus service is a secure online venue for confidential communications, comprising messages and uploaded documents, between professionals and their clients. The Privitus service creates and maintains a permanent record of those communications.

Principal Functions

Content is organised by reference to Case Records and Groups within Case Records. Content may only be published in a Group. Each Group is administered by its creator. Content published may not be deleted. Content remains accessible to Users who had the right to see it at the time it was published.

Permitted Use

Rights and privileges of Users are governed and administered by the Privitus service and by these Terms of Service. Users must self-organise within the scope of the functionality afforded by the Privitus service and these Terms of Service.

The Privitus service may only be used for purposes allowed by Law and Users will be accountable to relevant National and International jurisdictions for the content they publish and the actions they take, coordinate, encourage or allow using the Privitus service.

The role and responsibilities of Case Record in the provision of the Privitus service

CRL is responsible for ensuring the security and continuing provision of the Privitus service for the benefit of Users.

CRL has:

  • no access to Case Records or Groups
  • no access to User passwords

CRL has the power to:

  • delete Users
  • control User rights to create Case Records and Groups
  • manage subscription charges and payments by Users
  • amend and add to the functionality and appearance of the Privitus service
  • allow the creation and use of third party applications

The roles and responsibilities of Creator and Guest Users

Every prospective User must first register with the Privitus service providing a username and password which must be kept secure and confidential to the User.

Roles of Users

An invited member of a Group within a Case Record may:

  • use the Privitus service free of charge as a Guest User;
  • publish content in that Group;
  • view all content published in that Group;
  • consent to the joining of new members in that Group (where required);
  • having subscribed to Privitus to become a Creator, create a Group within the same Case Record

The creator of a Case Record becomes the creator of the first Group created in that Case Record called the ‘Main Forum’ and may:

  • create further Groups within that Case Record;
  • archive that Case Record so that no further content may be added to the Main Forum created within that Case Record;
  • restore that Case Record from archive so that new content may be added to the Main Forum

The creator of a Group may:

  • invite new members into that Group subject to the prior consent of other members;
  • block a member of that Group from further communication in the Group so that the blocked member may neither publish nor view content published after the time that the block has been effected;
  • unblock a member who has been blocked after which that member will be able to see all content published in that Group;
  • archive a Group so that no further content may be added to that Group;
  • restore a Group from archive so that new content may be added by its members

Responsibilities of Users

All Users must self-organise and administer their use of the Privitus service according to the standards of conduct prescribed by Law and/or relevant professional regulations and/or as agreed between them from time to time within the Groups to which they belong.

All Users are responsible for the content they publish and any infringement of the rights of third parties in relation to such content.

All Users are responsible for the security of their user names and passwords as well as the security their chosen means and place of access to the Privitus service.

Abuse of the Privitus service and sanctions

You will be abusing the Privitus service if you:

  • rent, lease, loan, or sell access to the Privitus service;
  • decompile or reverse engineer or attempt to access the source code of the software underlying the Privitus service (the ‘CRL Technology’);
  • copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any CRL Technology;
  • access the Privitus service to build a product using similar ideas, features, functions, interface or graphics of the Privitus service;
  • access (or attempt to access) any service on the Privitus service by any means other than as permitted in these Terms of Service;
  • access the Privitus service to upload anything to or otherwise cause a breach of security to or interfere with the Privitus service or any Case Record or Group created within in it or to prevent others from using the Privitus service;
  • solicit login information or access an account belonging to another User without authority;
  • use the Privitus service to do anything unlawful, misleading, malicious, or discriminatory;
  • facilitate or encourage abuse of the Privitus service by others

Sanctions for abuse of the Privitus service

CRL reserves the right in its absolute discretion to:

  • remove your right to create Case Records or Groups (refunding any subscription paid pro rata)
  • pass on third party User reports of your conduct to the appropriate authorities
  • initiate proceedings against you seeking injunctive relief and damages in respect of any abuse that has caused or threatens to cause damage to the Privitus service or to CRL.

Disputes and Indemnity

Disputes

You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these Terms of Service or CRL exclusively in the Courts of England. English law will govern these Terms of Service, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the English Courts for the purpose of litigating all such claims.

Indemnity

If anyone brings a claim against us related to content you have published or actions coordinated using the Privitus service you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

Payment for services

Only Users who wish to create Case Records or Groups must subscribe to the Privitus service paying the then current subscription charge published on the Privitus service.

Payment must be made to CRL (who will invoice and collect payment for use of Privitus) or such other payment methods as may from time to time be provided for by the Privitus service. Rights afforded by subscription will be withdrawn should subscription payments not be made or should any individual payment be dishonoured or returned unpaid for any reason.

Exclusion of liability for loss

To the extent permitted by applicable laws, no liability is accepted for any direct, indirect or consequential loss or damage or loss of use, data, business opportunity or profits, whether in an action in contract, negligence or other claim, however resulting from the access to and use of this website and the information and materials contained on it (but for the avoidance of doubt this clause does not exclude liability for death or personal injury).

YOUR USE OF THE PRIVITUS SERVICE IS AT YOUR SOLE RESPONSIBILITY AND RISK. THE PRIVITUS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CRL AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE PRIVITUS SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRIVITUS SERVICE OR THE SERVER THAT MAKES THE PRIVITUS SERVICE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRIVITUS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CRL OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSEES, PARTNERS OR AGENTS, OR THROUGH OR FROM THE PRIVITUS SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Amendments to these Terms of Service

We may amend, modify, change, add or remove portions of this Agreement at any time without notice to you by posting a revised version on www.privitus.com . The revised version will be effective at the time we post it. Please check this Agreement periodically for changes. Your continued use of the Privitus service after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.privitus.com. The revised version will apply to you immediately if you are a User who registers or first uses the Privitus service on or after the posting of the revised version.

Limitations on services – data upload restrictions

CRL reserves the right to restrict the uploading of certain file types and the sizes of individual files.

Data Protection and Privacy

No personal information entered by a User in the course of registration is disclosed by CRL to third parties as a matter of policy. No personal information collected in the course of the payment process is used by CRL a matter of policy unless required for the purposes of dealing with payments that have been dishonoured or made fraudulently.

Users themselves are responsible for keeping confidential such personal information as is made available to them by other Users in the course of their use of the Privitus service.

Interpretation

Headings do not form part of these terms and conditions and will not affect their interpretation.

Ownership of trade marks etc on the Privitus service

The trademarks, logos, names and images displayed on this website are the registered or unregistered trademarks of CRL and others. Except where expressly stated to the contrary, nothing in this website confers any licence or right to use any trade mark displayed on this website without the prior written approval of CRL or such third party owner of the relevant trade mark.

Applicable laws

These terms are governed and construed in accordance with the laws of England. If any of the terms is held to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining terms. You agree to submit to the non-exclusive jurisdiction of the English Courts.

Registered Name: Case Record Limited.
Registered Office: Case Record Limited, Stoke Gabriel House, Totnes, Devon TQ9 6QY

Registered in England No: 04244379

 
 
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