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UK Model Diversity Survey: Terms of Use

InterLaw Diversity Forum Ltd (Company number: 09010439; Registered office: 7 Bell Yard, London, England, WC2A 2JR) (“we”, “us”, “our”) operates the UK Model Diversity Survey (“UK MDS”) platform. 

The UK MDS is run on a platform built on a Microsoft suite of tools and licensed to InterLaw Diversity Forum by the Law School Admission Council, Inc. These terms govern how you may use the platform.

By using the platform, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use the platform.

Data Protection

We are a data controller of personal data processed through the platform. We will comply with data protection laws and only process the personal data in accordance with our Privacy Policy, which can be found here

 

If you are a law firm using the platform, you will be a separate and independent controller of any personal data that you process in connection with the UK MDS.

 

It is not anticipated that client signatories will process any data provided by law firms, which could constitute personal data through participation in the UK MDS. This is because any data provided to clients is on a percentage basis and the raw data to dissect that information is not provided. However, some client signatories may choose to take the view that they are separate and independent controllers in respect of the limited statistical data they do access via participation in UK MDS.

 

To the extent that any party is a data controller as set out above, it agrees to comply with the data processing schedule in respect of any data sharing as set out here

Changes to these terms for the UK MDA platform

We may amend these terms from time to time. We will try to give you reasonable notice of any material changes.

This is version 4 of these Terms of Use - last updated on 10 April 2022.

We do not guarantee that the platform, 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 the platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are responsible for ensuring that all persons who access the platform through your internet connection are aware of these terms of use and that they comply with them.

Account details

If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at:

 

jonathan.leonhart@interlawdiversityforum.org

Use of the platform by Client Signatories

We are the owner or licensee of all intellectual property rights in the platform, and in the material published on it (subject to the “Information uploaded to the platform” paragraph below). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

The purpose of the UK MDS is to serve as the standard for law firms’ reporting of their diversity, equity, and inclusion (“DEI”) metrics to their clients and to assist their clients in shaping their decisions about allocation of legal work to law firms/legal suppliers by creating greater transparency around diversity, equity, inclusion, and culture in law firms. You, the Client Signatory, agree to use the UK MDS platform only for this purpose, to treat the data found in the UK MDS platform as confidential, and to share this data only with your internal team on a ‘need to know’ basis. You are prohibited from sharing law firm participants’ confidential data with anyone outside your organisation.

If you print off, copy, or download any part of the platform in breach of these terms of use, your right to use the platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You agree not to reproduce, duplicate, copy or re-sell any part of the platform in contravention of the provisions of our terms of use, access the platform without authority, or interfere with or otherwise damage or disrupt any part of the platform or any equipment, software, or network on which the platform is stored. 

The content on the platform is provided for general information only and is not intended to amount to advice on which you should rely. Given that the raw data used to generate reports for the UK MDS is provided to us by third-party law firms, we cannot guarantee that all the information on the platform will be accurate at any given time. We make no representations, warranties, or guarantees, whether express or implied, that the content on the platform is accurate, complete, or up to date. 

You may use the platform only for lawful purposes. You must not use the platform in any way that breaches any applicable local, national, or international law or regulation (including data protection laws), or in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

If we consider that any breach of these terms has occurred, we may (without limiting any other rights we may have), immediately temporarily or permanently withdraw your right to use the platform.

Information uploaded to the platform by Law Firm Participants

The raw data uploaded to the platform by law firms will be aggregated and used to generate reports in a statistical or summary form. You, the Law Firm Participant, are responsible for ensuring that any raw data or other information uploaded to the platform (or otherwise provided to InterLaw Diversity Forum) is accurate, true, and up to date. You agree to assist and co-operate with InterLaw Diversity Forum in verifying any raw data or other information uploaded or provided to the extent InterLaw Diversity Forum reasonably requires. 

You retain all of your ownership rights in the information you upload to the platform, but you hereby grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, store, copy, reproduce, distribute, display, and prepare derivative works of that information in order to operate the UK MDS and prepare and distribute reports using aggregated information where relevant. 

We have the right to disclose your identity to any third party who is claiming that any information uploaded by you to the platform constitutes a violation of their intellectual property rights or of their right to privacy.

You are solely responsible for securing and backing up your information.

Viruses

We do not guarantee that the platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes, and platform to access the platform. You should use your own virus protection software.

You must not misuse the platform by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the platform, the server on which the platform is stored, or any server, computer, or database connected to the platform. You must not attack the platform via a denial-of-service attack or a distributed denial-of service attack. We may 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 the platform will cease immediately.

Liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors for fraud or fraudulent misrepresentation.

We exclude all implied conditions, warranties, representations, or other terms that may apply to the platform 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, arising under or in connection with the use of, or inability to use, the platform, or the use of or reliance on any content displayed on the platform (including the reports generated thereon).

We will not be liable to you for any loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage.

Governing law

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

If you have any questions related to these terms of use, please contact us at:

 

jonathan.leonhart@interlawdiversityforum.org