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1.
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About i‑Probono
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1.1
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i‑Probono is a company limited by guarantee having its registered office at 35 Vine
Street, London EC3N 2AA
(" i‑Probono "/"we"/"us", and "our" shall be construed accordingly).
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1.2
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i‑Probono is an online community, available at www.i-probono.com (the "Website"),
which matches organisations ("Organisations") requiring pro bono assistance with
individuals who are willing to provide such assistance ("Participants"). i‑Probono
acts merely as an intermediary, enabling relationships and communication between
Organisations and Participants. i‑Probono does not, under any circumstances:
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1.2.1
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provide any advice or assistance to Organisations, Participants or any other parties;
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1.2.2
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represent or warrant that Participants have the requisite qualifications to give
or that Organisations are entitled to receive any advice, assistance or other services;
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1.2.3
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carry out vetting or any other checks on Participants or Organisations; or
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1.2.4
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take any responsibility or accept any liability for any information provided or
posted on the Website, whether by i‑Probono, Participants, Organisations or any
other parties, or for any advice, assistance or other services given or received
by Participants, Organisations or any other parties.
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2.
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About these Terms and Conditions
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2.1
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These terms and conditions (the "Terms and Conditions") apply to Participants, Organisations
and/or other users who access and use the Website and/or any of the services available
through it ("User"/"you", and "your" shall be construed accordingly).
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2.2
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Individuals who use the Website and/or any services available through the Website
must be at least eighteen (18) years of age.
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2.3
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We reserve the right to update these Terms and Conditions at any time. If we do
so, we will publish the amended version on the Website. The amended Terms and Conditions
will take effect from the time they are first published on the Website and will
replace any previous version. If you do not agree with the amended Terms and Conditions,
you should not use the Website after the amended Terms and Conditions are published
on the Website.
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2.4
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If you have any questions, complaints or comments concerning i‑Probono, the Website,
any of the services available through the Website and/or these Terms and Conditions,
you can contact i‑Probono using the following email address: feedback@i-probono.com.
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3.
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About Participants
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3.1
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If you become a Participant, you agree that:
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3.1.1
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you and any Organisations or third parties to which you give any advice, assistance
or other services, are responsible for ensuring that you have the requisite experience,
training, qualifications or authorisation to give any such advice, assistance or
other services;
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3.1.2
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i‑Probono does not remunerate Participants for the provision of advice or any other
services to Organisations;
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3.1.3
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under no circumstances will you provide advice or any other services to Organisations
or any third party in return for any form of financial reward, commercial gain or
similar benefit;
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3.1.4
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expenses you incur when providing advice or any other services are not recoverable
from i‑Probono, Organisations or any other party, unless you have agreed with an
Organisation that they will reimburse such expenses;
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3.1.5
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i‑Probono acts only as a passive intermediary and is only a means by which Participants
and Organisations can be introduced; and
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3.1.6
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i‑Probono excludes and disclaims all liability in accordance with Clauses 10 and
12 below.
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4.
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About Organisations
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4.1
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Organisations acknowledge and agree that:
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4.1.1
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i‑Probono cannot guarantee and does not promise any specific results from use of
the Website, any services available through it or any interactions with Participants
or any third parties;
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4.1.2
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i‑Probono does not and (in relation to the receipt of any assistance or other services)
it is the responsibility of Organisations to:
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(a)
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verify the identity of Participants;
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(b)
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obtain or verify information provided by Participants;
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(c)
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ensure Participants have the requisite experience, training, qualifications or authorisation
to give any advice, assistance or other services;
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(d)
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determine whether Participants are suitable for the provision of any advice, assistance
or other services; and/or
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(e)
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take up or verify any references in relation to a Participant;
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4.1.3
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i‑Probono does not remunerate Participants for the provision of advice or any other
services to Organisations;
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4.1.4
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under no circumstances will Organisations provide any form of financial reward,
commercial gain or similar benefit to Participants or any third party in return
for any advice, assistance or any other services;
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4.1.5
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i‑Probono acts only as a passive intermediary and is only a means by which Participants
and Organisations can be introduced;
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4.1.6
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any searching tools provided by i‑Probono on the Website are merely to assist Organisations
make their own assessment of potential Participants; and
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4.1.7
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i‑Probono excludes and disclaims all liability in accordance with Clauses 10 and
12 below.
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5.
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Account Registration
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5.1
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To use some of the functions of this Website, you must register and create an account
(a "User Account"). In doing so, you agree:
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5.1.1
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to provide accurate, current and complete information about yourself as prompted
by the registration form on the Website ("Registration Data");
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5.1.2
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to maintain the security of your User Account login details and password;
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5.1.3
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to maintain and promptly update the Registration Data, and any other information
provided by you to
i‑Probono, and keep them accurate, current and complete;
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5.1.4
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that you are fully responsible for all use of your User Account and for any actions
that take place using your User Account; and
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5.1.5
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not to register for more than one User Account, or a User Account on behalf of another
Participant.
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5.2
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The way in which we use any personal information you provide to i‑Probono, including
your Registration Data, is set out in i‑Probono's Privacy Policy, available at i‑Probono's Privacy Policy.
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6.
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User Conduct
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6.1
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You agree to use the Website and the services available on it for non-commercial
use only.
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6.2
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You agree not to use the Website or any of the services available through it:
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6.2.1
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to collect or store email addresses or other contact information of other Users,
whether by electronic or any other means, for the purposes of sending unsolicited
emails or other unsolicited communications;
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6.2.2
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in any unlawful manner or in any other manner that could damage, disable, overburden
or impair the Website or damage or harm the reputation of i‑Probono;
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6.2.3
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using automated scripts;
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6.2.4
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to impersonate any person or entity, or falsely state or otherwise misrepresent
yourself or your affiliation with any person or entity;
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6.2.5
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to upload, post, transmit, share, store or otherwise make available:
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(a)
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any content that i‑Probono deems to be obscene, offensive, vulgar, defamatory, threatening,
harassing, abusive, hateful, racist, sexist, discriminatory, of a menacing character
or embarrassing, or which may cause annoyance, anxiety or inconvenience to another
User or any other person or entity;
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(b)
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any unsolicited or unauthorised advertising, solicitations, promotional materials,
"junk mail", "spam", or any other form of solicitation;
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(c)
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any private information of any third party, including, addresses, phone numbers,
email addresses and credit card numbers;
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(d)
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any material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; or
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(e)
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any content that would constitute, encourage or provide instructions for a criminal
offence, violate the intellectual property rights, proprietary rights or any other
rights of any party, or that would otherwise create liability or violate any local,
state, national or international law.
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7.
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Use of Website Content
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7.1
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Provided that you comply fully with these Terms and Conditions, i‑Probono grants
you the right to access, view and, in some cases, download the content that i‑Probono
makes available through the Website (the "Website Content"), for non-commercial
use only.
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7.2
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Save as expressly provided in these Terms and Conditions, you may not copy, reproduce,
sub-license, republish, distribute, transmit, publicly perform, display or make
available, alter, adapt, interfere with, create derivative works from, counterfeit
or paste to any other website or webpage, by any means or in any manner, any Website
Content, or do anything else with such Website Content.
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7.3
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You acknowledge and agree that you do not any acquire ownership rights in the Website
Content.
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7.4
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You acknowledge and agree that if you modify any Website Content or use any Website
Content for any purpose not expressly permitted by these Terms and Conditions you
may breach i‑Probono's and others' intellectual property and other proprietary rights
in the Website Content.
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8.
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Website User Content
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8.1
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You agree that you are responsible for any advice, communications, information or
other services that you provide in connection with the Website, (regardless of whether
such advice, communications, information or other services are posted or held on
the Website or communicated by email or any other means of information delivery)
and for any consequences of any Organisation or third party acting on such advice,
communications, information or other services.
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8.2
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i‑Probono acts as a passive intermediary for the online distribution and publication
of advice, communications, information and other services posted or otherwise provided
by Users and does not screen or monitor such advice, communications, information
or services in advance. i‑Probono does not screen any communications between Users
(whether such Users are Participants, Organisations or third parties). If i‑Probono
becomes aware of or is notified by any person of any advice, communications, information
or other services of a User which allegedly does not comply with these Terms and
Conditions, i‑Probono may investigate the allegation and determine in good faith
and its sole discretion whether to remove the advice, communication, information
or services in question, suspend or terminate the User Account of the User(s) involved
and/or take any other action that i‑Probono deems necessary.
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8.3
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i‑Probono has no liability or responsibility to any User for performance or non-performance
of the activities described in Clause 8.2 above.
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8.4
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i‑Probono reserves the right:
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8.4.1
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to prevent your further access to the Website if you violate these Terms and Conditions
or the law; and
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8.4.2
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to remove any content you post on the Website which fails to comply with these Terms
and Conditions or that i‑Probono deems is otherwise abusive, illegal or disruptive.
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8.5
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i‑Probono may take any action with respect to any advice, communications, information
or other services of a User that i‑Probono deems necessary or appropriate in its
sole discretion.
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8.6
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By submitting any advice, communications, information or other services on or by
means of the Website, you grant i‑Probono a non-exclusive, royalty-free, perpetual,
irrevocable, sub-licensable, right and licence to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, communicate to the
public, perform and display such advice, communication, information or other services
(in whole or in part) worldwide and/or to incorporate it in other works in any form,
media or technology now known or later developed for the full term of any rights
that may exist in such advice, communication, information or other services. You
also warrant that the holder of any rights, including moral rights in such advice,
communication, information or other services, has completely and effectively waived
all such rights and validly and irrevocably granted to Users the right to grant
the licence stated above. You also permit any User to access, display, view, store
and reproduce such advice, communication, information or other services for non-commercial
use. Subject to the foregoing, the owner of such advice, communication, information
or other services you placed on the Website retains any and all rights that may
exist in such advice, communication, information or other services.
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9.
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Third Party Content, Software and Links
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9.1
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Where content, information, software, advertising and any other material or services
are supplied by third parties, you acknowledge and agree that i‑Probono cannot control
and does not purport to endorse such third party content in any way. All third party
content that is made available through the Website is offered in good faith but
i‑Probono does not (to the extent permitted by law) accept any responsibility for
the accuracy, reliability, timeliness, or otherwise of such third party content
or for the use, download and/or installation of such third party content.
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9.2
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Where third party content is supplied by third parties, you may need a licence from
such third parties, and may need to agree to other terms and conditions, which will
govern your relationship with such third party providers in relation to your use
of such third party content.
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9.3
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i‑Probono does not endorse and is not responsible for the contents or privacy practices
of any third party websites which are linked to on the Website. i‑Probono shall
not be responsible or liable for any loss or damages caused by use of or reliance
on any content, goods or services available on such websites.
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10.
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i‑Probono's Liability
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10.1
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Nothing in these Terms and Conditions excludes, restricts or affects your statutory
rights.
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10.2
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Subject to Clauses 10.1 and 10.5, to the maximum extent permitted under applicable
law, i‑Probono excludes liability for all other express or implied terms, conditions,
warranties (including, without limitation, warranties of satisfactory quality, fitness
for particular purpose and non-infringement), representations or endorsements whatsoever,
with regard to the Website, the Website Content, and any advice, content, information,
material, software or other items or services provided through the Website.
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10.3
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i‑Probono shall not be liable for any loss or damage resulting from or arising in
connection with any act or omission made in reliance on any advice, and/or the illegal,
incorrect or inappropriate use of the Website, the Website Content, and any advice,
content, information, material, software or other items or services provided through
the Website., by you or any other parties.
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10.4
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If use of the Website or the Website Content results in the need for servicing or
replacing equipment or data,
i‑Probono is not responsible for those costs.
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10.5
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Save in the case of death or personal injury caused by i‑Probono's negligence or
the negligence of its employees, or where i‑Probono has acted fraudulently, i‑Probono's
total liability under these Terms and Conditions will never exceed £100.
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11.
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Indemnity
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You agree to defend, indemnify, and hold harmless i‑Probono and its respective officers,
directors, employees and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees relating to:
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11.1
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any content or other material you upload onto the Website;
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11.2
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your use of any Website Content; or
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11.3
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a breach by you of these Terms and Conditions.
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12.
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Disclaimers
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12.1
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i‑Probono does not warrant, represent or guarantee that the Website or the Website
Content will operate error-free or that its servers are free of computer viruses
or other harmful materials or mechanisms.
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12.2
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i‑Probono does not warrant, represent or guarantee the truthfulness, accuracy, reliability,
completeness, or timeliness of, the Website, the Website Content, including, without
limitation, any software, text, graphics and links, any services available through
the Website, or any advice, communications, information or other services made available
by Users, including Participants. You agree and acknowledge that any reliance by
you on the Website, the Website Content, or any advice, communications, information
or other services made available by Users, including Participants will be at your
own risk.
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13.
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Termination and assignment
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13.1
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i‑Probono reserves the right to terminate User Accounts, access to the Website and/or
its contract with you under these Terms and Conditions at any time with or without
cause or notice. If you hold a suspended or terminated User Account, you must not
re-register on the Website without i‑Probono's prior consent.
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13.2
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i‑Probono reserves the right to assign or sub-contract any or all of its rights
and obligations under these Terms and Conditions. These Terms and Conditions are
personal to you.
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14.
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Entire agreement
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These Terms and Conditions contain the entire agreement between you and i‑Probono
relating to the Website and any of the services available through it and supersede
any previous agreements, arrangements, undertakings or proposals, written or oral,
between you and i‑Probono.
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15.
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Waiver and severance
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15.1
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If any provision of these Terms and Conditions is held to be illegal, invalid or
unenforceable, such provision will be severed and the remainder of these Terms and
Conditions shall continue in full force and effect.
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15.2
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If you breach these Terms and Conditions and i‑Probono fails to take any action
in relation to such breach, that does not mean i‑Probono has waived its rights to
take any action against you in relation to such breach.
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16.
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Language, governing law and jurisdiction
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16.1
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English is the only language offered for the conclusion of the contract under these
Terms and Conditions.
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16.2
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These Terms and Conditions are governed by and are to be construed in accordance
with English law.
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16.3
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You agree that the courts of England and Wales shall have exclusive jurisdiction
to settle any dispute which may arise out of or in connection with these Terms and
Conditions.
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