Terms of use
(Effective 30 June 2024)
MERCURAE WEBSITE USER AGREEMENT
Please read these terms and conditions of use carefully before using this website (mercurae.com - the Site). By accessing or using the Site, you agree to be bound by this user agreement.
If you do not agree to these terms, do not access, visit and/or use the site.
Arbitration notice and class action waiver: You agree that disputes between you and us will be resolved by binding individual arbitration, as set out in clause 17, and you waive your right to participate in a class action lawsuit or class-wide arbitration.
What’s in this user agreement?
These terms tell you the rules for using our Site. It sets out your rights and obligations in accessing, visiting and/or using the Site. We recommend that you retain a copy for your records. You can also access the current User Agreement at any time from the bottom of each page of the Site.
Who we are and how to contact us
MERCURAE.COM is a website operated by Mercurae Limited (trading as Mercurae Law) (”Mercurae”, “we”, “us” or “our”). We are a company with limited liability registered in England, UK, under company number 12780967 and have our registered office at Second Floor, 10 Rathbone Place, London W1T 1HP.
Mercurae provides the Site as an informational tool, primarily for the benefit of Mercurae’s clients, referrers and potential clients.
Mercurae is an unregulated business-only law firm.
Under no circumstances is any information on the Site to be taken as being or to be used for the provision of legal, financial or investment advice. Mercurae is not regulated nor subject to regulatory oversight in the UK or elsewhere.
To contact us, please email info@mercurae.com.
How we may use your personal information
Please read our Privacy Policy which forms part of this User Agreement. Our Privacy Policy includes a description of how we use cookies on the Site.
We will only use your personal information as set out in our Privacy Policy.
We may make changes to these terms
We amend these terms from time to time, at our sole discretion. Every time you wish to access our Site, please check these terms to ensure you understand the terms that apply at that time. We will change the “Last Revised” date at the top of these Terms when changes are made, which shall be effective immediately. Continued access of the Site by you will constitute your acceptance of any changes to this User Agreement.
We may make changes to our site
We may update and change our Site from time to time at our sole discretion and without notice.
Limits on permission to access or use the site
The Site is based in England, UK. It is not designed, customised or intended for, or directed to, any other country. Those who choose to access, visit and/or use the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty, covenant or guarantee that the Site, are appropriate, available, or legal in any particular geographic location.
The Site is intended for use by those who have attained the age of at least 18 years.
BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOU HAVE NOT PREVIOUSLY BEEN SUSPENDED OR REMOVED FROM THE SITE. YOU REPRESENT AND WARRANT THAT YOU ARE NOT: (A) LOCATED IN, UNDER THE CONTROL OF, OR A NATIONAL OR RESIDENT OF ANY COUNTRY TO WHICH THE UK HAS EMBARGOED GOODS OR SERVICES; OR (B) ON THE UK FOREIGN OFFICE’S DENIED PERSONS LIST. YOU FURTHER REPRESENT AND WARRANT THAT YOU WILL NOT USE THE SITE IF THE LAWS OF YOUR COUNTRY PROHIBIT YOU FROM DOING SO IN ACCORDANCE WITH THIS USER AGREEMENT.
If you breach, violate or act inconsistently with any part of this User Agreement, we may terminate, discontinue, suspend, and/or restrict your ability to access, visit, and/or use the Site or any portion thereof, and/or terminate this User Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. Further, we may limit, restrict, or refuse to provide you with any future access, visitation, and/or use of the Site or any other product or service we provide now or in the future. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action which we deem necessary and/or appropriate, with or without notice, to prevent violations and to enforce this User Agreement and remedy any purported violations.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this site
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
Copyright complaints
If you believe anything on the Site infringes upon any copyright which you own or control, or your intellectual property rights have been otherwise breached, please send a written takedown notice to us at info@mercurae.com containing all of the following information:
A physical or electronic signature of a person authorised to act on behalf of the copyright owner.
Identification of the copyrighted work you claim is been infringed.
Identification of the infringing material to be removed.
Contact information, preferably an email address, that we can use to reach you.
Your statement of good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or law.
Your statement that the information in your notice is accurate.
Your statement, under penalty of fraudulent misrepresentation, that you are authorised to act on behalf of the owner of the copyright allegedly infringed.
We are not responsible for websites we link to
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. External links are selected when the page is published. However, Mercurae is not responsible for the content of external websites. This is because:
Mercurae does not produce them or maintain/update them
Mercurae cannot change them
they can be changed without Mercurae's knowledge or agreement.
SOME OF OUR EXTERNAL LINKS MAY BE TO WEBSITES WHICH ALSO OFFER COMMERCIAL SERVICES, SUCH AS ONLINE PURCHASES, FINANCIAL SERVICES OR PRODUCTS WHICH MAY BE SUBJECT TO ADDITIONAL REGULATION OR WHICH MAY NOT LAWFULLY BE PROMOTED TO YOU IN YOUR JURISDICTION. YOUR ACCESS TO AND USE OF ANY EXTERNAL SITE IS ENTIRELY AT YOUR OWN RISK.
THE INCLUSION OF A LINK TO AN EXTERNAL WEBSITE FROM THE SITE SHOULD NOT BE UNDERSTOOD TO BE APPROVAL, ENDORSEMENT OR GUARANTEE OF THAT WEBSITE, INFORMATION YOU MAY OBTAIN FROM IT OR THE SITE'S OWNERS (OR THEIR PRODUCTS/SERVICES), NOR ANY CERTIFICATION THAT THAT SITE IS SUITABLE OR LAWFUL FOR YOU TO VIEW OR USE THE SAME, DEPENDANT UPON YOUR LOCATION AND APPLICABLE NATIONAL AND/OR LOCAL LAWS.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically disruptive or harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via any form of denial-of-service attack (distributed or otherwise) nor anything equivalent thereto or which may have a similar effect. By breaching this provision, you may be committing a criminal offence under the laws of one or more jurisdictions. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Rules about linking to our site
You may link to our home page provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Site other than that set out above, please contact info@mercurae.com.
Indemnity from you to Mercurae Limited
You agree to indemnify, defend and hold harmless us from and against any and all claims which may arise out of or are in any way connected with your access, visitation and/or use of the Site, breach or alleged breach of this User Agreement, or from any of your acts or omissions in connection with the Site.
Disclaimer and limitation of liability
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
RESTRICTION: YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO ANY CLAIM BY YOU AGAINST MERCURAE LIMITED, OR YOU WAIVE THE RIGHT TO PURSUE SUCH CLAIM.
AS AN OVERRIDING TERM (OVERRIDING TERM) WHICH TAKES PRECEDENCE IN THE EVENT OF CONFLICT WITH ANY OTHER TERM HEREUNDER, WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU TO THE EXTENT BY WHICH IT WOULD BE UNLAWFUL FOR US TO DO SO. IF SUCH LAWS APPLY TO YOU, THE EXCLUSIONS OR LIMITATIONS IN THIS AGREEMENT THAT DIRECTLY CONFLICT WITH SUCH LAWS SHALL NOT APPLY TO YOU TO THAT LIMITED EXTENT, BUT OTHERWISE REMAIN IN FULL FORCE AND EFFECT. SUCH EXCLUSION MAY VARY DEPENDING ON WHETHER YOU ARE CLASSIFIED AS A CONSUMER OR A BUSINESS USER. THIS INCLUDES, FOR RELEVANT JURISDICTIONS, LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS, AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT ONLY TO THE OVERRIDING TERM:
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS.
YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
MERCURAE LIMITED DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE HEREBY EXCLUDE ALL IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS THAT MAY APPLY TO OUR SITE OR ANY CONTENT ON IT.
WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE OR PRE-NOTIFIED TO MERCURAE LIMITED AS BEING LIKELY, ARISING UNDER OR IN CONNECTION WITH:
USE OF, OR INABILITY TO USE, OUR SITE; OR
USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE.
IN PARTICULAR, WE WILL NOT BE LIABLE OR RESONSIBLE FOR:
LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
LOST OR DAMAGED DATA;
BUSINESS INTERRUPTION;
LOSS OF ANTICIPATED SAVINGS;
LOSS OF OPPORTUNITY, GOODWILL OR REPUTATION;
LITIGATION OR SIMILAR;
ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE; OR
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY.
YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
We may suspend or withdraw our site
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and/or operational reasons. We will try to give reasonable notice of any suspension or withdrawal by placing a notice on the Site.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Which country’s laws apply to any dispute
You agree that the laws of England, UK, without regard to conflict of laws provisions, will apply exclusively to this User Agreement and any dispute that may arise between you and Mercurae or its affiliates.
How to manage any dispute?
You agree that in the event of any claim under or pursuant to this User Agreement, you will first contact us and make a good faith sustained effort to resolve the claim before resorting to more formal means of resolution.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be one.
The seat, or legal place, of arbitration shall be London, England.
The language to be used in the arbitral proceedings shall be English.
The governing law of the contract shall be the substantive law of England, UK.The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome.
This clause 17 provides the sole recourse for the settlement of any and all disputes arising out of, in connection with, or related to this User Agreement and all documents referenced herein.
General terms
WAIVER: The failure of Mercurae Limited to exercise or enforce any right or provision of this User Agreement shall not operate as a waiver of such right or provision. Any such waiver by Mercurae Limited must be in writing and signed by an authorized representative of Mercurae Limited.
SEVERABILITY: If any provision of this User Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this User Agreement and will not affect the validity and enforceability of any remaining provisions.
SURVIVAL: Clauses 7 (Do not rely on information on our Site) 10 (We are not responsible for viruses and you must not introduce them), 12 (Indemnity from you to Mercurae Limited), 13 (Disclaimer and limitation of liability), 16 (Which country’s laws apply to any disputes?), 17 (How to manage any dispute) and 18 (General Terms), will survive any termination or expiration of this User Agreement.