Terms of Use

Introduction

This website, www.aoshearman.com/alumni (the "Website") is provided by our service provider on behalf of Allen Overy Shearman Sterling LLP (also referred to as "A&O Shearman", "we" or "us" or "our" in these terms of use), a limited liability partnership registered in England and Wales (registered number OC306763). The registered office is at One Bishops Square, London, E1 6AD, United Kingdom. These Terms of Use are the terms and conditions on which we provide the text, software, database, format, documents, graphic and written work and all other materials published on the Website (the "Content") and the basis on which we allow access to it. Please read them carefully.

1. Definitions

1.1 References on the Website, in these Terms of Use and in the Privacy Policy to:

"A&O Shearman" shall mean Allen Overy Shearman Sterling LLP, its Subsidiaries and/or any other partnerships, corporations, undertakings and entities which are authorized to practise using the name “Allen Overy Shearman Sterling” or "A&O Shearman" as the context may require;

"a partner, associate or other employee of A&O Shearman" shall mean a member, consultant or employee of A&O Shearman LLP, its Subsidiaries and/or a member, consultant or employee of any other partnerships, corporations, undertakings and entities which are authorized to practise using the name "A&O Shearman" as the context may require;

"Intellectual Property Rights" shall mean (i) copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or not); (ii) applications for registration and the right to apply for registration for any of these rights; and (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world;

"User Data" shall mean any data relating to a data subject registered as a user of the Website;

"Website" shall mean the A&O Shearman Alumni Network website (www.aoshearman.com/alumni) or such other address as may apply from time to time;

"you" or "your" shall mean a user of the Website;

"Your Material" has the meaning given to that term in paragraph 4.1 of the Terms of Use.

1.2 In these Terms of Use, the headings used for each of the paragraphs do not affect its interpretation. Except as otherwise provided in these Terms of Use, any reference to an enactment is a reference to that enactment as it may be amended, extended, applied or re-enacted from time to time and includes references to any subordinate legislation made under that enactment. "Enactment" includes any legislation in any jurisdiction. References to persons include an individual, a body corporate and an unincorporated association of persons.

2. Terms of Use

2.1 The Website is for your own private use. By accessing the Website, you agree:

a) not to use the Website or the Content in contravention of any regulation or legislation, including but not limited to, using the Website to circulate, send or distribute any information or data that would be in contravention of any regulations or legislation governing financial services, money laundering or anti-terrorism;

b) except as expressly permitted by applicable law not to copy, (except to the extent required in order to use this website in accordance with these Terms of Use), store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of this website or extract material from this website or any document available through it or in any other way exploit commercially all or any part of this website or any document available through it without our prior written permission;

c) not to do anything that may damage, interfere with or impair the functionality, availability or quality of the Website or the Content;

d) not to use any automated means, such as robots, spiders, or crawlers, to access, monitor, or collect data from the Website or the Content, or to circumvent any security or access control measures on the Website or the Content;

e) not to use the website for any fraudulent purposes;

f) not to use the website for any competitive purposes or to solicit, advertise or sell any goods or services to other users of the Website or to benefit commercially from the Content, except as expressly permitted on any part of the Website or by us in writing;

g) that you are responsible for any material you send to or upload to the Website and that such material is legal, is not offensive and it does not infringe our rights, those of third parties or the provisions of these Terms of Use.

2.2 We cannot guarantee that the Website will be error free. If you are aware of any error on this website please contact us by email at thealumniteam@aoshearman.com and we will endeavour to correct it.

2.3 All electronic links to the Website require our consent. Please e-mail requests to thealumniteam@aoshearman.com.

2.4 You are responsible for use of the Website by any person using your password. You will ensure the confidentiality of your password and prevent any unauthorized person accessing the Website through the use of your password(s), or any other passwords.

2.5 If you know or suspect that an unauthorized person knows your password or passwords you will promptly notify us by email at thealumniteam@aoshearman.com. In that event, we will cancel your existing password(s) and allocate you a new password(s).

2.6 You will comply with all applicable laws and regulatory requirements relating to your use of the Website. You will also comply with all reasonable instructions we give you relating to the Website.

2.7 You are responsible for all telecommunications charges relating to your use of the Website.

2.8 We reserve the right to update, modify, restrict access to or close this website at any time.

3. Intellectual Property Rights

We, our suppliers, or third parties who have granted us permission to reproduce their material on the Website, own all Intellectual Property Rights in the Content and the Website, and you do not acquire, by virtue of your use of the Website or these Terms of Use, any right, title or interest in any of them. If third party software is required in order for you to use the Website, you will at your expense obtain a licence of (or other permission to use) such software.

4. Material Provided by You

4.1 You will ensure that all material you send or upload to the Website (for instance, curriculum vitaes (CVs), emails, text, graphic files, still or moving images, or responses to any questionnaire available through the Website) ("Your Material") will be legal, decent, honest and truthful, complies with all laws and regulations, does not infringe the Intellectual Property Rights or other rights of us or any third party, is not defamatory, obscene, offensive, pornographic or otherwise objectionable, is free of bugs, worms, or viruses and is not fraudulent, false, unreliable or misleading.

4.2 If we consider that any part of Your Material does not comply with paragraph 4.1 above, or otherwise exposes us to the risk of a claim or complaint by any third party, we may block your access to any or all of the Website and remove any or all of the relevant part of Your Material. You will provide all reasonable assistance to us in this respect. To the extent reasonably practicable and appropriate to do so, we will notify you in advance of taking this action.

4.3 When providing Your Material for the careers section of this Website you shall:

a) ensure that all Your Material is accurate and complies with all laws, regulations and policies (and with respect to a partner, associate, or other employee of A&O Shearman, compliance with internal policies) applicable to the advertising and recruitment in the organization and jurisdiction where the employment is on offer; b) not publish any information or personal data in relation to any third party without their express consent; c) not provide Your Material for the careers section unless authorised, including by your employer or other relevant organization, to do so.

4.4 If you wish to respond to any advertisement for employment, please reply directly to the contact details provided in the applicable advertisement. Please note that applications sent to A&O Shearman for positions other than employment positions directly with A&O Shearman or as a secondment to their clients, will not be forwarded onwards to the relevant parties.

4.5 You are solely responsible for Your Material and we shall not bear any liability for Your Material.

5. No Warranties

5.1 The Website and the Content are provided on an 'as is' and 'as available' basis, and we make no representations, warranties, or guarantees, of any kind, whether express or implied, regarding the Website or the Content, or their accuracy, completeness, timeliness, suitability, availability, or reliability, or their fitness for any particular purpose or use, except as expressly stated in this agreement and where their exclusion is prohibited by law. If you are aware of any error on this website, please contact us by email at thealumniteam@aoshearman.com. However, you acknowledge and agree that any feedback or suggestions that you provide to us are voluntary and non-confidential, and that we may use, disclose, or implement them without any obligation or compensation to you.

5.2 You may be able to obtain access to websites operated by third parties from the Website. We do not endorse nor are we responsible for the content of those websites that link to the Website or that are accessible from it. We exclude any liability for any damage or loss you may suffer arising out of access to those websites, including, but not limited to, damage or loss arising from your use of documents, information or services offered or provided on those websites. Any such links are not monitored or maintained by us nor are we responsible for the content of any third party website. Please read all copyright and legal notices on each site prior to downloading or printing items to ensure that such actions are permitted under the third party site's copyright notices, legal notices and or terms of use.

5.3 Subject to paragraph 6.3: a) Our total liability to you under or in connection with the Website, whether arising from negligence, breach of contract or otherwise shall be to take such actions as are reasonably required at our sole and exclusive discretion in order to: (i) remove or delete data entered in error; or (ii) remove or delete data that is the subject of dispute; or (iii) correct data entered in error. b) We will not be liable to you for any loss of profits, business or data or for any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs, whether arising from negligence, breach of contract or otherwise regardless of whether it was foreseeable or not. c) We will not be liable for any damage or loss that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with the access or use of the Website, or the Content (including Your Material), nor will we be responsible or liable for any matter relating to you or any third parties accessing or using the Website.

5.4 Nothing in these Terms of Use excludes or limits our liability for fraud or for death or personal injury arising from our negligence or that of a partner, associate or other employee of A&O Shearman or that of our agents or subcontractors or for any other matter in respect of which it would be unlawful or in breach of regulation (including, without limitation, self-regulation) to limit or exclude liability.

5.5 Other than in relation to any marketing activity, if a partner, associate or other employee of A&O Shearman participates in the Website, they do so in their personal capacity and not as a representative of A&O Shearman.

5.6 The Website and the Content are provided for general information purposes only and nothing on the Website or in the Content is intended to provide create any contractual relationship or constitute or imply any offer, solicitation or provision of legal or other professional advice. We do not accept any responsibility for any loss which may arise from reliance on information or materials published on the Website. If you wish to find out more about the information in the materials published, please contact us by email at thealumniteam@aoshearman.com.

6. Online Privacy

6.1 Our online Privacy Policy is available on the Website and forms part of the terms on which we provide and allow access to the Website. You acknowledge that use of the Website results in our processing of the personal data you provide in accordance with our online Privacy Policy which details the basis on which we will use that data and you agree to the terms of it.

6.2 In performing our obligations under these Terms of Use, you and we will each comply with all applicable data protection legislation.

6.3 By using our website you agree to our use of cookies as described in section 3 of the Privacy Policy and agree that we can place these types of cookies on your device.

7. General Provisions

7.1 These Terms of Use may be amended by us at any time. Please check the website periodically to inform yourself of any changes.

7.2 Our rights under these Terms of Use: a) may be exercised as often as necessary; b) are cumulative and not exclusive of rights or remedies provided by law; and c) may be waived only in writing and specifically. Delay in the exercise or non-exercise of any such right is not a waiver of that right.

7.3 If a provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, that will not affect the legality, validity or enforceability: a) in that jurisdiction of any other provision of these Terms of Use; or b) in other jurisdictions of that or any other provision of these Terms of Use.

7.4 Nothing in these Terms of Use shall be deemed to constitute a partnership between us, nor constitute either of us the agent of the other for any purpose.

7.5 A person who is not a party to these Terms of Use may not enforce any of the terms under the Contracts (Rights of Third Parties) Act 1999.

7.6 Any notice or other communication given under or in connection with these Terms of Use will be in English. All other documents provided under or in connection with these Terms of Use will be in English or if not in English, accompanied by a certified English translation and, in this case, the English translation will prevail unless the document is a statutory or other official document.

8. Governing Law

These Terms of Use and any non-contractual obligations arising out of or in connection with these Terms of Use shall be governed by and interpreted in accordance with English law and we and you each submit irrevocably to the exclusive jurisdiction of the English Courts.