Please read the Terms of Use and Acceptable Use Policy below carefully before using this website. By using this website, you confirm that you accept these terms of use and the acceptable use policy and that you agree to comply with them.
If you do not agree to these terms or this policy, you must not use this website.
Please note that this website uses technology from Google to prevent spam and is therefore subject to the additional Privacy Policy and Terms of Use of Google.
Terms of Use
Who I am and how to contact me
The www.commerciallawbarrister.com website (or “site”) is operated by Paul Schwartfeger—referred to also as “I”, “me” and “my” in these terms and this policy.
To contact Paul Schwartfeger, please use the online contact form.
I recommend you print a copy of these terms for future reference.
I may make changes to the terms
I amend these terms from time to time. Every time you wish to use this site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 18 February 2023.
I may make changes to this site
I may update and change this site from time to time to reflect changes to my services, my users’ and clients’ needs and my business priorities, as well as for any other reason.
I may suspend or withdraw this site
My site is made available free of charge.
I do not guarantee that my site, or any content on it, will always be available or be uninterrupted. I may suspend or withdraw or restrict the availability of all or any part of my site for business and operational reasons without notice.
You are also responsible for ensuring that all persons who access my site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
I may transfer this agreement to someone else
I may transfer my rights and obligations under these terms to another person or organisation.
How you may use the material on this site
I am the owner or the licensee of all intellectual property rights in this 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 my site for your personal use and you may draw the attention of others within your organisation to content posted on my 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.
My status (and that of any identified contributors) as the authors of content on my site must always be acknowledged.
You must not use any part of the content on my site for commercial purposes without obtaining a licence to do so from me or my licensors.
If you print off, copy or download any part of this site in breach of these terms of use, your right to use this site will cease immediately and you must, at my option, return or destroy any copies of the materials you have made.
Do not rely on information on this site
The content on this 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 this site.
Although I make reasonable efforts to update the information on this site, I make no representations, warranties or guarantees, whether express or implied, that the content on this site is accurate, complete or up to date.
I am not responsible for websites I link to
Where this site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by me of those linked websites or information you may obtain from them.
I have no control over the contents of those sites or resources.
My responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
- This website is for information purposes only. Its contents must not be relied on as legal advice and any liability for your reliance on its content is excluded. Legal advice should be independently sought from a qualified solicitor or barrister for individual cases and legal issues, and nothing on this website should be read as legal advice or interpreted as creating a relationship between barrister-and-solicitor or barrister-and-client.
- I do not exclude or limit in any way my liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence or the negligence of my employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
- Any and all implied conditions, warranties, representations or other terms that may apply to this site or any content on it are excluded.
- I 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:
- use of, or inability to use, this site; or
- use of or reliance on any content displayed on this site.
- In particular, I will not be liable for:
- 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.
If you are a consumer user:
- Please note that this site is only provided for domestic and private use. You agree not to use this site for any commercial or business purposes, and I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How I may use your personal information
I will only use your personal information as set out in the privacy policy.
I am not responsible for viruses and you must not introduce them
I do not guarantee that this site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access this site. You should use your own virus protection software.
You must not misuse this site 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 this site, the server on which this site is stored or any server, computer or database connected to this site. You must not attack this site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. I will report any such breach to the relevant law enforcement authorities and I will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this site will cease immediately.
Rules about linking to this site
You may link to the home page of this site, provided you do so in a way that is fair and legal and does not damage my 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 my part or on the part of this website where none exists.
You must not establish a link to this site in any website that is not owned by you.
This site must not be framed on any other site, nor may you create a link to any part of this site other than the home page.
I reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in the Acceptable Use Policy below.
If you wish to link to or make any use of content on this site other than that set out above, please contact me.
Acceptable Use Policy
Prohibited uses
You may use this site only for lawful purposes. You may not use this site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To bully, insult, intimidate or humiliate any person.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards noted below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of this site without first obtaining my express written permission.
- Not to access without authority, interfere with, damage or disrupt:
- any part of this site;
- any equipment or network on which this site is stored;
- any software used in the provision of this site; or
- any equipment or network or software owned or used by any third party.
Content standards
These content standards apply to any and all material which you contribute to this site (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
Paul Schwartfeger will determine, in his discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Bully, insult, intimidate or humiliate.
- Promote sexually explicit material.
- Include child sexual abuse material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from Law Considered, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
Breach of this policy
When I consider that a breach of this acceptable use policy has occurred, I may take such action as I deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms upon which you are permitted to use this site, and may result in me taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use this site.
- Immediate, temporary or permanent removal of any Contribution uploaded by you to this site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as I reasonably feel is necessary or as required by law.
I exclude my liability for all action I may take in response to breaches of this acceptable use policy. The actions I may take are not limited to those described above, and I may take any other action I reasonably deem appropriate.
Which country’s laws apply to any disputes?
If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and I both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, the terms of this policy, its subject matter and its 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.