PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS WEBSITE OR ANY SERVICES AVAILABLE THROUGH IT. BY USING THIS WEBSITE AND/OR ANY OF THE SERVICES AVAILABLE THROUGH IT, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW.
PLEASE PRINT AND KEEP A PAPER COPY AND/OR RETAIN AN ELECTRONIC COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS
1. About iProbono
1.1 iProbono is a company limited by guarantee having its registered office at Riverbank House, 2 Swan Lane, London EC4R 3TT (” iProbono “/”we”/”us”, and “our” shall be construed accordingly).
1.2 iProbono 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”). iProbono acts merely as an intermediary, enabling relationships and communication between Organisations and Participants. iProbono does not, under any circumstances:
1.2.1 provide any advice or assistance to Organisations, Participants or any other parties;
1.2.2 represent or warrant that Participants have the requisite qualifications to give or that Organisations are entitled to receive any advice, assistance or other services;
1.2.3 carry out vetting or any other checks on Participants or Organisations; on
1.2.4 take any responsibility or accept any liability for any information provided or posted on the Website, whether by iProbono, Participants, Organisations or any other parties, or for any advice, assistance or other services given or received by Participants, Organisations or any other parties.
2. About these Terms and Conditions
2.1 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).
2.2 Individuals who use the Website and/or any services available through the Website must be at least eighteen (18) years of age.
2.3 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.
2.4 If you have any questions, complaints or comments concerning iProbono, the Website, any of the services available through the Website and/or these Terms and Conditions, you can contact iProbono using the following email address: email@example.com.
3. About Participants
3.1 If you become a Participant, you agree that:
3.1.1 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;
3.1.2 iProbono does not remunerate Participants for the provision of advice or any other services to Organisations;
3.1.3 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;
3.1.4 expenses you incur when providing advice or any other services are not recoverable from iProbono, Organisations or any other party, unless you have agreed with an Organisation that they will reimburse such expenses;
3.1.5 iProbono acts only as a passive intermediary and is only a means by which Participants and Organisations can be introduced; and
3.1.6 iProbono excludes and disclaims all liability in accordance with Clauses 10 and 12 below.
4. About Organisations
4.1 Organisations acknowledge and agree that:
4.1.1 iProbono 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;
4.1.2 iProbono does not and (in relation to the receipt of any assistance or other services) it is the responsibility of Organisations to:
(a) verify the identity of Participants;
(b) obtain or verify information provided by Participants;
(c) ensure Participants have the requisite experience, training, qualifications or authorisation to give any advice, assistance or other services;
(d) determine whether Participants are suitable for the provision of any advice, assistance or other services; and/or
(e) take up or verify any references in relation to a Participant;
4.1.3 iProbono does not remunerate Participants for the provision of advice or any other services to Organisations;
4.1.4 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;
4.1.5 iProbono acts only as a passive intermediary and is only a means by which Participants and Organisations can be introduced;
4.1.6 any searching tools provided by iProbono on the Website are merely to assist Organisations make their own assessment of potential Participants; and
4.1.7 iProbono excludes and disclaims all liability in accordance with Clauses 10 and 12 below.
5. Account Registration
5.1 To use some of the functions of this Website, you must register and create an account (a “User Account”). In doing so, you agree:
5.1.1 to provide accurate, current and complete information about yourself as prompted by the registration form on the Website (“Registration Data”);
5.1.2 to maintain the security of your User Account login details and password;
5.1.3 to maintain and promptly update the Registration Data, and any other information provided by you to
iProbono, and keep them accurate, current and complete;
5.1.4 that you are fully responsible for all use of your User Account and for any actions that take place using your User Account; and
5.1.5 not to register for more than one User Account, or a User Account on behalf of another Participant.
6. User Conduct
6.1 You agree to use the Website and the services available on it for non-commercial use only.
6.2 You agree not to use the Website or any of the services available through it:
6.2.1 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;
6.2.2 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 iProbono;
6.2.3 using automated scripts;
6.2.4 to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
6.2.5 to upload, post, transmit, share, store or otherwise make available:
(a) any content that iProbono 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;
(b) any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail”, “spam”, or any other form of solicitation;
(c) any private information of any third party, including, addresses, phone numbers, email addresses and credit card numbers;
(d) 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
(e) 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.
7. Use of Website Content
7.1 Provided that you comply fully with these Terms and Conditions, iProbono grants you the right to access, view and, in some cases, download the content that iProbono makes available through the Website (the “Website Content”), for non-commercial use only.
7.2 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.
7.3 You acknowledge and agree that you do not any acquire ownership rights in the Website Content.
7.4 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 iProbono’s and others’ intellectual property and other proprietary rights in the Website Content.
8. Website User Content
8.1 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.
8.2 iProbono 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. iProbono does not screen any communications between Users (whether such Users are Participants, Organisations or third parties). If iProbono 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, iProbono 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 iProbono deems necessary.
8.3 iProbono has no liability or responsibility to any User for performance or non-performance of the activities described in Clause 8.2 above.
8.4 iProbono reserves the right:
8.4.1 to prevent your further access to the Website if you violate these Terms and Conditions or the law; and
8.4.2 to remove any content you post on the Website which fails to comply with these Terms and Conditions or that iProbono deems is otherwise abusive, illegal or disruptive.
8.5 iProbono may take any action with respect to any advice, communications, information or other services of a User that iProbono deems necessary or appropriate in its sole discretion.
8.6 By submitting any advice, communications, information or other services on or by means of the Website, you grant iProbono 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.
9. Third Party Content, Software and Links
9.1 Where content, information, software, advertising and any other material or services are supplied by third parties, you acknowledge and agree that iProbono 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 iProbono 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.
9.2 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.
9.3 iProbono 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. iProbono 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.
10. iProbono’s Liability
10.1 Nothing in these Terms and Conditions excludes, restricts or affects your statutory rights.
10.2 Subject to Clauses 10.1 and 10.5, to the maximum extent permitted under applicable law, iProbono 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.
10.3 iProbono 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.
10.4 If use of the Website or the Website Content results in the need for servicing or replacing equipment or data,
iProbono is not responsible for those costs.
10.5 Save in the case of death or personal injury caused by iProbono’s negligence or the negligence of its employees, or where iProbono has acted fraudulently, iProbono’s total liability under these Terms and Conditions will never exceed £100.
You agree to defend, indemnify, and hold harmless iProbono 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:
11.1 any content or other material you upload onto the Website;
11.2 your use of any Website Content; or
11.3 a breach by you of these Terms and Conditions.
12.1 iProbono 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.
12.2 iProbono 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.
13. Termination and assignment
13.1 iProbono 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 iProbono’s prior consent.
13.2 iProbono 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.
14. Entire agreement
These Terms and Conditions contain the entire agreement between you and iProbono 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 iProbono.
15. Waiver and severance
15.1 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.
15.2 If you breach these Terms and Conditions and iProbono fails to take any action in relation to such breach, that does not mean iProbono has waived its rights to take any action against you in relation to such breach.
16. Language, governing law and jurisdiction
16.1 English is the only language offered for the conclusion of the contract under these Terms and Conditions.
16.2 These Terms and Conditions are governed by and are to be construed in accordance with English law.
16.3 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.