Resource Hub and the content provided therewith is made available to Participants by the member firms and affiliates of Baker McKenzie. You can find a list of member firms of Baker McKenzie here: http://www.bakermckenzie.com/, by clicking All Locations in the upper right corner of the site.
Please see the Resource Hub Privacy Notice ("Resource Hub Privacy Notice") for information about how personal data is processed in connection with Resource Hub.
2. Login Credentials
Participants authorized by Baker McKenzie to access or use Resource Hub will obtain unique login credentials. Participants agree to keep their login credentials confidential and not to disclose their login credentials to any other person. If a Participant is authorized by Baker McKenzie to be an administrator of a service hosted on Resource Hub, then the Participant may provide other persons in its organization with access to or use of Resource Hub and shall inform Baker McKenzie when any person's authorization to access or use Resource Hub should be revoked.
If the Participant's username or password is lost or stolen, or if the Participant believes that their account has been accessed by unauthorised parties, the Participant must promptly change their password and/or notify Baker McKenzie as provided in the Contact Us section below.
3. Guidelines for Use of Baker McKenzie Resource Hub Resources
The Resources are generic and do not address any specific Client’s situation/transaction/circumstance. The Resources include certain assumptions (varied per Resource) upon which the information in the Resource is based.
To ensure your understanding of the information contained in the Resources, it is strongly recommended that you read these assumptions thoroughly.
Because the Resources are generic and are not based on a particular Client’s situation/transaction/circumstance, the information contained in the Resources must not be used to provide legal advice to a specific client. Rather, the information should be used to gain a general understanding of the issues only. This information must not be used to provide specific advice to a Client without confirming the applicability of the analysis with a qualified lawyer in the relevant country. Lawyers must never give legal advice using content relating to a jurisdiction in which they are not qualified, or an area of law with which they are not familiar, without first consulting an appropriately qualified partner and involving them in the matter. Any breach of this requirement may be a breach of professional rules and the Firm's internal policies.
Accordingly, Baker McKenzie asks that you agree to consult with a qualified lawyer in the relevant jurisdiction(s) before providing the information on the Resource as specific advice to a Client. You may either contact the attorney whose name is listed as author of the relevant country specific analysis or Baker McKenzie can provide you with an appropriate contact person in the relevant jurisdiction.
Because the Resources are subscribed to by multinational corporations, there are often other relevant legal issues, not to mention business or ethical issues, which must be considered. For example, in the case of the Global Equity Resource, if a U.S. multinational is granting options to employees of its foreign subsidiaries, the U.S. tax, securities law and accounting issues must be considered, along with the legal issues that arise in the jurisdiction in which the employees reside. In many cases, the requirements of U.S. stock exchanges will also be relevant. Some of these issues have been addressed in the information contained in the Global Equity Resource plan analyses, but many have not. It would be imprudent, if not inaccurate, to advise a client on these types of issues without considering all other relevant issues as well.
Accordingly, Baker McKenzie asks that you agree to consult with a qualified lawyer (or lawyer(s) in the relevant jurisdiction or jurisdictions, as the case may be. You may either contact the attorney whose name is listed as author of the country specific analysis in the relevant Resource or Baker McKenzie can provide you with an appropriate contact person in the relevant jurisdiction.
There are a number of competitors which provide similar online resources to one or more of the Resources and, in particular, provide on-line subscription services. Among such competitors are law firms, accounting firms and consultants, including. It is essential that the analyses and information contained on the Resources not be shared with Baker McKenzie competitors.
Accordingly, Baker McKenzie asks that you agree not to share any of the information contained in the Resources with a Baker McKenzie competitor absent the specific written approval of Baker McKenzie. You also agree to not use the information contained on the Resources in any marketing or promotional effort which might result in competitor access without the specific written approval of Baker McKenzie. This prohibition does not limit a Baker McKenzie or contributing firm attorney (or personnel) from using any marketing or promotional materials prepared by Baker McKenzie, and we encourage such attorneys (and personnel) to obtain such materials from Resource Hub and to distribute such materials freely.
The materials which form part of the Resources reflect improvements on written materials prepared by the Baker McKenzie attorneys, contributing firm attorneys, Resource Hub editors, and others. As such, Baker McKenzie and contributing firms do not have any right to sell, license or otherwise exploit the Resources content as so improved without Baker McKenzie's prior written consent.
Should you wish to sell, license or otherwise provide Resource content to a client or use it as marketing material, you may not do so absent Baker McKenzie's prior written consent.
Baker McKenzie and its stakeholders and contributors have gone to considerable lengths to ensure that the information and analyses contained in the Resources are thorough, accurate, up to- date and well written. However, in some cases, the Resources may not reflect the most current legal, regulatory and market developments. All summaries of the laws, regulation and practice are subject to change. You should not rely on any Resources on Resource Hub without confirming that such information is current and accurate, or without ensuring that you understand the implications arising from the use of the Resources.
Participants should limit downloading and printing of documents to what is necessary. This is because Resource Hub is designed to enable access to maintained knowledge which is updated from time to time to reflect practice developments or changes in law. Content that is downloaded and saved locally will not include changes made after download. Printing or downloading a large number of documents to local folders also creates security risks.
A number of Resources are strictly internal only. Please check before use and note that access to those sites must not be given to anyone outside of the Firm.
Should you have any questions or concerns about any of the information contained in the Resources or should you wish to contribute a Resource subscriber e-alert or other information to the Resources, you may contact Baker McKenzie.
4. Handling Content
Resource Hub contains content that may be confidential, privileged or proprietary to Baker McKenzie or its Clients. Resource Hub Participants shall take all reasonable measures to protect the confidentiality of such content and care must be taken to check for and remove any client or matter specific content before using materials for another purpose. Resource Hub Participants shall not disclose, share, leak, destroy, sell, lease, publish, alter, remove or use any content, or cause or permit one or more other persons to do so except where specifically authorised by the party that holds the proprietary rights to, or rights to the confidential or privileged treatment of, the content.
5. Prohibited Uses
Baker McKenzie monitors the misuse of Resource Hub by Participants. Use of content on Resource Hub must always be appropriate and in accordance with the Firm's professional standards and policies.
Specifically, Participants shall not
7. Disclaimer and Limitation of Liability
Baker McKenzie accepts no responsibility for the content of Resource Hub and/or any loss incurred as a result of you using Resource Hub and/or the information contained on Resource Hub. All information is prepared and / or supervised by qualified attorneys in the relevant jurisdictions.
No confidentiality duties will attach to communications entered into between Baker McKenzie and Participants unless otherwise agreed in writing. Your use of Resource Hub does not entitle you to conflict of interest protection from Baker McKenzie (or any of its Member Firms) or other law firms, as such use does not create an attorney-client relationship with any law firm. All information provided on Resource Hub is for general information purposes only and should not be relied upon without receiving legal advice. It does not purport to be comprehensive or provide legal or other advice. Professional legal advice should be sought from Baker McKenzie or other professional advisors directly where required. You are responsible for obtaining your own legal advice and should not act or refrain from acting on the basis of any content on Resource Hub.
Baker McKenzie accepts no responsibility for any loss which may arise from reliance on information contained on Resource Hub; or for any interruption, suspension termination or delay in the transmission of content or information from Resource Hub for whatever reason; or for any computer viruses or other destructive programs encountered as a result of using Resource Hub. The information, software, products, and services published on Resource Hub may include inaccuracies or typographical errors. Changes are periodically made to the information on this Website.
Baker McKenzie makes no representations about the suitability of the information and services contained on Resource Hub for any purpose.
Baker McKenzie is not liable for any loss or damage arising from any allegation, suit, claim, or other proceeding based on the allegation that the use of Resource Hub and/or the content thereof infringes copyright, patent, trademark or any other intellectual property rights or contractual rights of any third party.
Each Participant is the sole user of their personal identification code and password, and is responsible for the security and use of their user identification and password. Participants will generally be asked to change their password every ninety days. Each user agrees to keep such information private and not assign, transfer, resell or share such information with any third party. Failure to comply may result in denial of access to Resource Hub.
You agree to indemnify, defend and hold Baker McKenzie harmless from and against any and all suits, losses, claims, demands, liabilities, costs and expenses that it may sustain or incur, arising from your use of Resource Hub. References to Baker McKenzie, in this context, shall include its employees, agents, affiliates, successors, officers and assigns.
Further disclaimer and limitation of liability details in respect of Resource Hub are available here.
8. Links to Other Internet Sites
9. Intellectual Property
Knowhow content on Resource Hub and all associated work product is the exclusive property of the Firm and you must not copy or remove such content for personal use.
All content included on or through Resource Hub is the property of Baker McKenzie and protected by applicable national and international copyright laws, trademark laws, patent laws, and other intellectual property laws, as applicable. Such content includes but is not limited to text, graphics, logos, button icons, images, data compilations, systems, processes and applications.
10. Nature of the Parties' Relationship
Unless agreed otherwise, both parties are independent controllers in respect of personal data and must comply with their own data privacy obligations under applicable laws.
12. Contact Us
Inquiries regarding any content or service made available on Resource Hub may be made using the 'Contact Us' section of the Firm's website (available here).
13. Governing Law/Jurisdiction Without prejudice to any mandatory provisions of applicable law which cannot be excluded or restricted as a matter of law:
(c) the parties expressly exclude the application of: (i) the Uniform Computer Information Transactions Act; and (ii) the UN Convention on Contracts for the International Sale of Goods (in each case as amended, consolidated or repealed from time to time).
15. Entire Agreement
17. Assignment and Delegation
18. Copyright and Reproduction
Details of the copyright and reproduction information in respect of Resource Hub are available here.
Effective Date: October 2022