Terms of Use for Caselex

Access to the Service and use of its content are granted under the conditions of use described below.

Terms of Use for Caselex

  1. 1. Definitions

    For the purposes of these Terms of Use, the following terms have the following meanings:

    Client: Any natural or legal person who signs a Contract.

    Contract: Subscription agreement signed by Client and CASELEX, including (but not limited to: order form, general terms and conditions, terms of use and any special conditions signed by the Client...).

    User: Individual who uses the Service, including individuals working for the Client, authorised to use the Service under the Contract.

    User Account: The page on the Service from which the User logs into their own account by entering their username and password.

    Login Details: The personal identifier associated with a User Account as well as any confidential code or complex password that CASELEX has sent a User, which the User has then changed, to identify themselves in order to access the Service.

    Information: Data that CASELEX has provided to the User to execute the Contract and use the Service.

    Service: CASELEX service provided through the caselex.eu website

  2. 2. Description of the Service

    The CASELEX Service consists of:

    1. free text search in translations and summaries and structured search by metadata;
    2. view head notes and summaries and translations in English, next to a set of other useful metadata, including (linked) 'cited Decisions' and 'Decisions citing';
    3. view the full text of Decisions in the original language;
    4. various personalised functionalities like adding client matter numbers and storing searches therein, creating own folders and annotations and sharing thereof;
    5. a help desk service;
    6. possible add-on Services
  3. 3. Acceptance of the Terms of Use These Terms of Use come into effect as of the date of their publication online. By viewing and using the Service, you automatically and unconditionally agree to be bound by these Terms of Use and to respect current legal and other regulatory requirements. The User is responsible for reviewing these Terms of Use the first time they log into the Service, and checking them regularly.
  4. 4. Service Conditions of Use
    1. 4.1. General

      The User is required to use the Service in compliance with these Terms of Use, the applicable legislation, and the Contract, where it exists. Any other use is strictly prohibited.

      In this respect, the User is prohibited from interfering with the running of the Service in any way that would prevent or limit access or use by third parties in any way whatsoever. Otherwise, the User’s access to the Service may be denied without warning.

      CASELEX accepts no responsibility for any direct and/or indirect damages, whatever their cause, origins, nature or consequences, incurred by using the Service.

    2. 4.2. Creating a User Account

      CASELEX will create a User Account on behalf of each User, with the User’s email address as the username. Once a User Account has been created, the User will receive a welcome email from CASELEX, containing a link at which the User can set their password.

      Prior to being granted access to CASELEX, Users will be required to accept the CASELEX Terms of Use and Privacy Policy by clicking the “I accept the Terms of Use and the Privacy Policy” when they first login to the Service using the User’s Login Details (username and password).

      The User's Login Details (username and password) will enable the User to identify themselves and access the Service.

  5. 5. User Rights and Obligations
    1. 5.1. General Obligations

      The User expressly acknowledges that the use of their username and password allows them to be validly identified as the author of a document or session. The User's Login Details (username and password) are proof of identity and have the legal value of an electronic signature.

      The User's Login Details (username and password) are strictly personal and confidential and the User is prohibited from sharing them or passing them to anyone else. The User is responsible for maintaining the confidentiality of their username and password and for the use of their username and password.

      The User assumes sole responsibility for all logins using their username and password, which are deemed to have occurred in the name of and on behalf of the User. The User also assumes sole responsibility for any loss, theft or unauthorised use of their Login Details.

      CASELEX cannot be held responsible for any use of the Service that is unauthorised, fraudulent, abusive, or due to a User intentionally or unintentionally disclosing their username and/or password to a third party.

      In the event of any issues, CASELEX reserves the right to suspend the User’s access to the Service, temporarily or permanently and without notice, by means of the corresponding username and/or password, as applicable, and to reset the Login Details.

      Nevertheless, the User’s attention is drawn to the fact that CASELEX is under no obligation, and does not have the necessary technical means, to verify beyond doubt the identity of people accessing the Service. Consequently, CASELEX cannot be held responsible for identity theft and/or fraudulent use of a User Account. If the User notices or suspects unauthorised or fraudulent use of their username, password and/or User Account, or any other anomaly, they must immediately inform CASELEX via the “Contact” link which is available on the Service.

      CASELEX will reset the username and allow the User to reset their password. These rights can only be exercised by the User involved. Consequently, they must provide CASELEX with proof of their identity.

      If a User loses or forgets their password, there is functionality in the Service that allows them to reset it (and choose a new password) by clicking on the button “Forgot password”.

      The User will log out of their Account and close their browser window at the end of their session, or when they have finished browsing the Service, or when they leave the device from which they have logged in (PC, mobile phone, etc.) in order to prevent other users from accessing their Account. After 30 minutes of inactivity, the account will be logged out automatically.

      For security reasons, the User is advised to change their password regularly by logging into the Service and going to the section “Change password”.

    2. 5.2. User’s Obligation of Good Faith and Fair Dealing

      While using the Service, the User will always provide accurate, full and up-to-date information.

      If all or part of the information provided by a User is wrong, inaccurate, out-of-date or incomplete, they may be denied access to all or part of the Service, without notice, prior warning or compensation.

      CASELEX cannot be held responsible for any change to the User’s personal circumstances, nor for any change in Users about whom CASELEX was not informed.

      In any case, the User will be liable to compensate CASELEX for any costs, charges, losses or damages linked to claims and legal action as a result of using the Service in any way that is illegal, immoral, fraudulent, or not covered by the Contract or these Terms of Use.

    3. 5.3. Accuracy of information

      CASELEX endeavours to provide reliable and up-to-date information.

      Despite all due care, errors or omissions may occur. CASELEX will endeavour to correct any errors that are brought to its attention.

      The information contained in the Service is intended to provide general indications on the subjects dealt with; it does not constitute personalised advice of any kind (organisational, marketing, legal, fiscal, etc.), which personalised advice implies the study and analysis of particular cases by a professional in the field under the supervision and responsibility of the User. CASELEX cannot be held responsible for the use and interpretation of the information contained in this Service.

      Consequently, CASELEX declines all responsibility:

      - For any defect, error or omission relating to the information available.

      - For any damage, direct and/or indirect, whatever the cause, origin, nature or consequences, caused as a result of the use of the Service and/or the credit given to any information coming directly or indirectly from the Service.

      CASELEX shall not be held liable for any damage that may result from the use of the information published on this Service. It is the Client’s/User's responsibility to verify the accuracy of the information provided as well as its conditions of use.

  6. 6. Availability of the Service

    The User acknowledges that they have the skills and technical means required to access and use the Service.

    The User acknowledges that they have checked their computer system does not contain any viruses, is fit for purpose, and is compatible with the Service. The User will be responsible for any consequences of using uncertified equipment.

    The User acknowledges that the features and constraints of the Internet mean that the security, availability and integrity of transmitted data cannot be guaranteed. The User will take all appropriate steps to protect their own data, IT system and/or Service from any virus infection and hacking. The User will not fraudulently access or remain in the Service, or amend or interfere with its operation, including introducing Trojan horses, logic bombs, computer worms, or any other virus or malware likely to cause damage to the Service.

    The Service is accessible through the Internet. It can be consulted from a PC with an internet connection via an internet browser, after identification, using a username (email address) and password.

    CASELEX reserves the right to change or temporarily or permanently stop all or part of the Service’s functionality, without notice, for the purpose of maintenance or any other reason, which the User expressly accepts.

    CASELEX cannot be held responsible in the event that the Service functionality is suspended or interrupted, unavailable, inaccessible, or in poor conditions of use, due to inappropriate equipment, the User’s internet access provider’s internal issues, internet congestion, or any other reason outside the control of CASELEX.

  7. 7. Intellectual Property Rights

    Service Ownership

    CASELEX declares ownership of the Service as a whole and each of its components or, failing this, that it has acquired all the rights necessary to conclude the Contract.

    The transfer of use rights does not include the transfer of any ownership rights for the Service.

    The User will not directly or indirectly infringe upon CASELEX’s Intellectual Property Rights in any way whatsoever.

    Any use that is not expressly authorised by CASELEX in this document is prohibited.

    Ownership of Information

    Information may be read online.

    The Users can only make use of the information under the Contract.

    The rights granted to the User with regards to the Information are solely for the use defined in the Contract. These use rights are not transferable. Direct or derived collective usage of all or part of the Information is prohibited. Any usage other than that expressly authorised is strictly prohibited and may render the User liable to prosecution.

    The contract does not entail any transfer of ownership of the methods, know-how, development tools, Service, creations, intellectual works, documents, or general and/or specific programmes, which are the property of CASELEX or for which CASELEX has a user licence.

  8. 8. Confidentiality

    For the duration of the contract and for five (5) years after the end of the Contract, each Party shall respect the confidentiality of all the technical or commercial information and documents, arising from or relating to the execution of the Contract, hereinafter referred to as “Confidential Information”, which was disclosed to them or to which they had access during the negotiation or execution of the Services.

      In this respect, each Party will:
    • Only use Confidential Information for the purpose of fulfilling the Services;
    • Only share Confidential Information with those of their employees who require these documents and information for the execution of the Contract or with third parties with the prior written agreement of the other Party;
    • Take all necessary measures, with regards to their staff and authorised third parties, to ensure this confidentiality;
    • Return or destroy any documents containing or reflecting this Confidential Information as soon as they are no longer required, and no later than at the end of the Contract for whatever reason.
      This obligation of confidentiality does not apply to any part of the Information which:
    • Is in the public domain on the date that it is communicated by the issuing Party, or which falls into the public domain after this date through no fault of the receiving Party;
    • Is already known to the receiving Party at the time of its communication,
    • Is shared with the receiving Party with a written waiver of confidentiality from the issuing Party.
  9. 9. Changes to the Legal Notice

    CASELEX may make changes to the Terms of Use at any time. These changes will be published online and will be deemed to be accepted unreservedly, if you continue to access the Service after the updated Terms of Use have been published online. CASELEX recommends that you check this page regularly.

  10. 10. Governing Law - Jurisdiction

    If the Client is located in the Netherlands, this legal notice shall be read in accordance with Dutch law. In the event of any disputes relating to the Service, only Dutch courts will have jurisdiction.

    If the Client is located in the UK, this legal notice shall be read in accordance with the law of England and Wales. In the event of any disputes relating to the Service, only the courts of England and Wales will have jurisdiction.

    If the Client is located in France, this legal notice shall be read in accordance with French law. In the event of any disputes relating to the Service, only the French courts will have jurisdiction.

    If the Client is located in Germany, this legal notice shall be read in accordance with German law. In the event of any disputes relating to the Service, only the German courts will have jurisdiction.

    If the Client is located in the USA, this legal notice shall be read in accordance with the laws of the State of Ohio. In the event of any disputes relating to the Service, only the state or federal courts in located in Montgomery County, Ohio will have jurisdiction.

    If the Client is located in South Africa, this legal notice shall be read in accordance with South African law. In the event of any disputes relating to the Service, only the South African courts will have jurisdiction.