Last Updated: April 2013

  • 1. Introduction
      • 1.1. Please read the following terms and conditions (‘Terms of Use’) carefully before using this website (‘Website’). These Terms of Use apply to this Website, meaning that if you access or use any information, features or services on this Website, you accept that these Terms of Use govern such access or use. If you do not accept these Terms of Use, then do not use this Website.
    • 1.2. This Website is operated by Withers Consulting Group (referred to as ‘WCG’, ‘we’ or ‘us’ as appropriate). WCG is the trading name of:
      • 1.2.1. Withers Consultancy Group LLP a limited liability partnership registered in England and Wales (with number OC382999) whose registered office and principal place of business at 16 Old Bailey, London EC4M 7EG; and
      • 1.2.2. Withers Consulting Group LLC a Limited Liability Company registered in Delaware with registered offices at 1209 Orange Street, Wilmington, Delaware.
    • 1.3. The principal owners of Withers Consultancy Group LLP and Withers Consulting Group LLC are the law firms Withers LLP in the United Kingdom and Withers Bergman LLP in the United States. Nevertheless, the entities comprising WCG (i) operate as separate entities from their law firm owners, and (ii) do not provide legal services or otherwise engage in the practice of law. Clients retaining WCG will not enter into an attorney/solicitor-client relationship with WCG and any services provided by WCG will be provided outside of the attorney/solicitor-client relationship. Nothing contained on this Website is intended to constitute legal advice, nor should it be construed as WCG agreeing to provide legal services to you. WCG is not regulated by the Solicitors Regulation Authority of England and Wales or any other professional body.
    • 1.4. WCG may update these Terms of Use at any time so you should check them from time to time to make sure you have seen the latest version. Where additional terms and conditions appear on specific parts of this Website and there is any inconsistency between them and these Terms of Use, the additional terms will take priority over the relevant part of these Terms of Use.
    • 1.5. If you are a client of WCG, nothing in these Terms of Use is intended to take priority over or modify any provision of our professional engagement with you or our client terms of business, all of which will continue to apply and will prevail in the event of any conflict or inconsistency.
  • 2. Material on this Website
    • 2.1. Unless otherwise stated, the copyright and other intellectual property rights in all text, images, audio content and other material on this Website including without limitation news items, articles, guidance, reports, photographs, graphics, designs, diagrams, charts, tables, software applications, tools and its layout (in whatever medium) (‘Material’) is owned by WCG or its licensors.
    • 2.2. You are permitted to download and take copies of Material from this Website on the following basis:
      • 2.2.1. such Material is used for personal or family reference only;
      • 2.2.2. Material is not modified or adapted in any way;
      • 2.2.3. any images and graphics are reproduced together with the accompanying text; and
      • 2.2.4. relevant copyright, trade mark and other legal notices are reproduced on all copies together with necessary attributions or acknowledgements of the source material.
    • 2.3. Other than provided under paragraph 2.2 or to the extent that the expressly permitted by law (which cannot be excluded by contract), no part of this Website may be reproduced, displayed, linked to, published, distributed or used for commercial purposes without WCG’s prior written permission.
    • 2.4. If you breach any of these Terms of Use, your permission to download, copy or use Materials on this Website automatically terminates and you must immediately delete or destroy any copies of Material in your possession. Any rights not expressly granted under these Terms of Use are reserved.
  • 3. User Content
    • 3.1. Except for personal information as covered under the Privacy Policy, where you post any information, data, images or other material to this Website in whatever form (‘User Content’), this shall be considered non-confidential and non-proprietary. WCG shall have no obligation with respect to such User Content and where you post such User Content you acknowledge that WCG is free to copy, disclose, distribute, publish, adapt and otherwise use User Content for any lawful purpose.
    • 3.2. You are prohibited from posting or transmitting to or from this Website any User Content:
      • 3.2.1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause harassment, annoyance or inconvenience; or
      • 3.2.2. for which you have not obtained all necessary clearances, licences and/or approvals to publish; or
      • 3.2.3. which constitutes or encourages conduct that would be considered criminal or giving rise to civil liability, or is otherwise contrary to the law of or infringes the rights of any third party in any country; or
      • 3.2.4. which is or could be technically harmful (including, without limitation, any computer viruses, worms or other malicious software or harmful data); or
      • 3.2.5. for promotional purposes (including without limitation, unsolicited marketing or advertising).
    • 3.3. You may not use the Website or any Material appearing on it in any misleading or unlawful manner or except as expressly provided for in these Terms of Use. You may not display a link to this Website or any Material on it to increase traffic to your own website without our express permission.
    • 3.4. WCG reserves the right to fully co-operate with any law enforcement agencies, regulatory authorities or court orders requesting or directing WCG to disclose the identity of anyone acting in breach of paragraph 3.2 or 3.3.
    • 3.5. We do not screen, edit, or monitor User Generated Content prior to its appearance on the Website (although we reserve the right to remove any User Generated Content at our discretion).
  • 4. Registration
    • 4.1. You may access most areas of this Website without registering or supplying your personal details to us. From time to time, certain areas of this Website may only be open to you if you register. For more information on how WCG uses personal information submitted through this Website please refer to our Privacy Policy.
    • 4.2. If any part of this Website requires you to register with us and/or use a secure log-in, you must not share your user name, password or log-in details with anyone else.
    • 4.3. When you register, you warrant that the personal information which you are required to provide is true, accurate and complete in all material respects.
    • 4.4. You are responsible for ensuring the security of any password issued to you. If you think or know that someone else has access to or knows your password, then you agree to inform us immediately, so that a new password can be issued to you.
  • 5. Disclaimers and Exclusions
    • 5.1. You accept that:
      • 5.1.1. Material appearing on this Website is provided for general guidance only. It does not constitute specific advice and may not meet your particular requirements.
      • 5.1.2. you have full responsibility for how you choose to use any Material and the results obtained from such use.
      • 5.1.3. although we use reasonable efforts to check the suitability of any Material, we cannot accept any liability for any omissions or errors in any Material or Material being out of date.
      • 5.1.4. while WCG endeavours to make this Website available 24 hours a day, it shall not be liable if this Website and any Material is not accessible or available from time to time due to technical issues and other reasons beyond our control.
      • 5.1.5. access to this Website may be suspended temporarily and without notice in the case of system failure, telecommunications issues, maintenance or for any reason beyond WCG’s control.
      • 5.1.6. you assume responsibility for establishing your own procedures for data back up and anti-virus or other screening on your computer or mobile device to protect it as necessary against loss, attack or other hazards.
      • 5.1.7. on occasion, we may also update or make other changes to this Website and any Material as we deem appropriate; and
      • 5.1.8. where we provide links to any third party website this solely is for your convenience only. If you use these links, you leave this Website. WCG has not reviewed all of these third party websites and is not responsible for them. WCG does not endorse or make any representations about any business, product or service appearing on such third party websites, their contents or availability, any results that may be obtained from using these third party websites, or any of their privacy practices. If you decide to access any third party websites linked to this Website, you do so entirely at your own risk and should check their own terms and conditions.
    • 5.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO PARAGRAPH 5.3 BELOW, WCG AND ANY OF ITS OWNERS, AFFILIATES, PARTNERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS OR AUTHORISED CONTRACTORS DISCLAIM AND EXCLUDE ALL LIABILITY FOR ANY LOSS, DAMAGE OR EXPENSE SUFFERED BY YOU (OR ANY THIRD PARTY) IN CONNECTION WITH THIS WEBSITE INCLUDING (WITHOUT LIMITATION):
      • 5.2.1. USE OF MATERIAL OR USER CONTENT (OR INABILITY TO USE MATERIAL OR USER CONTENT) AS WELL AS ANY RESULTS OBTAINED FROM USE OF MATERIAL OR USER CONTENT;
      • 5.2.2. USE OF ANY THIRD PARTY WEBSITES LINKED TO THIS WEBSITE;
      • 5.2.3. LOSS OR DAMAGE TO HARDWARE, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THIS WEBSITE OR DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE OR ANY THIRD PARTY WEBSITES LINKED TO THIS WEBSITE. IF YOUR USE OF MATERIAL ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR, CORRECTION OR RECOVERY OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL THE CORRESPONDING COSTS;
      • 5.2.4. ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES; AND
      • 5.2.5. ANY LOST PROFITS, REVENUE OR ANTICIPATED SAVINGS, CONTRACTS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHER ECONOMIC LOSS (WHETHER DIRECT OR INDIRECT) HOWSOEVER ARISING (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES).
    • 5.3. NOTHING IN THESE TERMS OF USE, EXCLUDES OR LIMITS ANY LIABILITY FOR:
      • 5.3.1. DEATH OR PERSONAL INJURY CAUSED BY ‘NEGLIGENCE’ (AS DEFINED BY APPLICABLE LAW);
      • 5.3.2. FRAUD; OR
      • 5.3.3. ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    • 5.4. Should any part of these Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.
  • 6. Governing law and jurisdiction
    • 6.1. Except as covered by paragraph 6.2, these Terms of Use and your use of the Website shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms of Use or your use of the Website shall be subject to the exclusive jurisdiction of the English courts.
    • 6.2. If you are accessing this Website from within the United States of America then these Terms of Use and your use of the Website shall be governed by and construed in accordance with the law of the State of New York. Disputes arising in connection with these Terms of Use or your use of the Website shall be subject to the exclusive jurisdiction of the New York courts.