User Agreement for TradeTalk
|USER AGREEMENT FOR THE TRADETALK PLATFORM |
Introduction and Terms used
The following User Agreement lists the Terms and Conditions of use for the TradeTalk Platform. Before becoming a member of TradeTalk you must agree to accept all the terms of this User Agreement. Any person who does not agree to this User Agreement, or who ceases to agree to the terms of this User Agreement must not use the TradeTalk Platform.
The User Agreement is a legally binding agreement between you and TradeTalk. The User Agreement is valid from 11th of November 2007 and is effective upon acceptance for new users.
||means the Order has been accepted by the Seller and is ready to be shipped |
||means the person/organisation described in the Order; |
||means the Buyer must arrange the collection or shipping of the Goods at their own cost; |
||means that when the Buyer clicks on the Goods they will be referred to the Seller’s contact information and must approach the Seller directly in order to purchase the Goods; |
||means the goods or services (including any instalment of the goods or services or any part of them) described in the Order; |
||means the third party (or parties), which may include the manufacturer of the Goods but does not automatically include the manufacturer, who has provided the Specification, or any part thereof, to TradeTalk; |
||means third party providers of large amounts of information and prices in a particular market segment to TradeTalk |
||means the Buyer’s purchase order made using the TradeTalk Platform; |
||means the price of the Goods; |
||means that when the Buyer clicks on the Goods they will be redirected to the Seller’s website to purchase the Goods directly; |
||means the person described in the Order; |
||includes any plans, drawings, data or other information relating to the Goods; |
|“TradeTalk”; “Platform”; or “We”
||means the TradeTalk Platform; |
||means the online purchase mechanism provided by TradeTalk; |
|“User” or “You”
||means the user of the TradeTalk Platform; and |
||means the terms and conditions of supply set out herein. |
A. General Conditions for All Users of the TradeTalk Platform
1.0 The use of the TradeTalk platform is for parties that fully accept the terms and conditions of use listed in this User Agreement.
1.1 The use of the TradeTalk Platform is for persons only over the age of 18 years old. You may not use TradeTalk if you are under 18 years of age or if your account has been cancelled or suspended.
1.2 For persons to register with TradeTalk, all of the details you provide must be correct. Personal details will include real name, address, email address, phone numbers, and a valid credit/debit card corresponding to the address. You must warrant this information to be true and agree to update your information immediately following any change in the details that TradeTalk is holding on your account.
1.3 For persons registering a business entity, you must represent that you have authority to legally bind the business entity and warrant that the information provided by you in relation to the business entity is correct - including registered office address, phone numbers, business information, tax/vat numbers and agree to update this information should there be any change in the details that TradeTalk is holding on your account. You must also comply with all applicable laws relating to online trading.
1.4 TradeTalk reserves the right to delay or reject any registration with TradeTalk.
1.5 If TradeTalk subsequently finds that it has been provided with information that is incorrect or misleading, TradeTalk reserves the right immediately to cancel the account without prior notice.
1.6 TradeTalk reserves the right to cancel your account at its sole discretion if it deems that this action is warranted.
1.7 TradeTalk offers the Platform on an "AS IS" basis, and the Platform is provided without any warranties whatsoever save in respect of liability for death or personal injury arising out of the negligence or fraudulent misrepresentation of our agents or employees. We hereby disclaim to the fullest extent permitted by law all warranties, conditions, terms, undertakings and representation of any kind, express or implied, statutory or otherwise in connection with the Platform. This includes without limitation direct, indirect, incidental damages, consequential damages, loss of revenue, loss of data, or loss of business associated with use of TradeTalk Platform.
1.8 TradeTalk provides a Platform for Buyers and Sellers, but is not involved in or responsible for the transaction between the parties. Should any dispute arise between the Buyer and Seller TradeTalk is released without limitation from any dispute between the parties.
1.9TradeTalk does not automatically verify or validate the identity of users and is not responsible for ensuring the accuracy or truthfulness of users’ identity or the validity of the information they provide to TradeTalk or post on the Platform.
1.10 TradeTalk cannot guarantee the ability of Sellers to sell the Goods; the ability of Buyers to buy the Goods; or that the transaction will be completed by the parties.
1.11TradeTalk has no control over, does not guarantee and is not responsible for the quality, safety or legality of the Goods advertised on the Platform; the truth or accuracy of the Specification or the truth or accuracy of other content posted by users of the Platform.
1.12 Please do not assume that the offer, sale, purchase, export or import of any Goods is valid and legal simply because it is listed on the Platform. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any Goods you list on the Platform.
1.13 The user of the site is responsible for the security of their account information and log in and password details. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform TradeTalk immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
1.14 Personal Data Protection and Privacy - TradeTalk do not pass on your personal information to any third parties for marketing purposes without your express consent. Some information that is collected from users may be validated using third parties for the facilitation of the services offered on the TradeTalk platform.
1.15 Buyers need not reveal any public information. However when users are making a transaction using the Platform, certain personal details must be passed securely to the other party, including your name, user ID, email address, shipping and billing address and certain financial information. TradeTalk cannot guarantee that the other party to your transaction will respect the privacy or security of your information.
If you object to your information being used in this way, please do not use the Platform.
1.16 In this Agreement, “DPA” means the Data Protection Act 1988 and the relevant legislation in relevant countries in which the TradeTalk Platform operates(to the extent that DPA legislation is or remains in force from time to time).
1.16.1 TradeTalk shall:
1.16.2 The user shall:
- not do anything which constitutes an offence under the Computer Misuse Act 1990 or equivalent relevant provisions in any relevant country in which the TradeTalk Platform operates; and
- duly observe all of its obligations under the DPA and shall ensure that Trade Talk is registered under the DPA as a computer bureau.
1.17 For a Seller, the information that you wish to disclose or hide provided to other TradeTalk members is controlled in the Privacy Settings. It is the responsibility of the Seller to ensure that they have set these Privacy details correctly.
- not do anything which constitutes an offence under the Computer Misuse Act 1990 or equivalent relevant provisions in any relevant country in which the TradeTalk Platform operates; and
- duly observe all of its obligations under the DPA and shall ensure that the user is registered under the DPA (if applicable);
1.18 Information may be disclosed to relevant parties i) in the event of a legal dispute ii) where TradeTalk is requested by authorities to disclose information or (iii) where TradeTalk is obliged to disclose information pursuant to the DPA.
1.19 Product information and market information including but not limited to volumes of trade, product descriptions and information, prices that are listed for public view - may be recorded, analysed and resold by TradeTalk. This does not affect your personal information listed in clause1.14.
1.20 The number of sales or purchases made by any User may be approximately ascertained by other Users from the number of reviews posted on the Platform and is therefore publicly available information.
1.21 The Price of the Goods shall be as stated in the Order and, unless otherwise so stated, shall be:
1.22 No increase in the Price may be made between the date the Order is Accepted and the date of delivery of the Order (whether on account of increased material, labour or transport costs or otherwise) without the prior consent of the Buyer in Writing. This does not account for exchange rates. Where a Buyer has purchased from a Seller who is selling in a different currency the amount payable is in the Sellers currency. It is possible that the actual amount payable by the Buyer may vary due to fluctuating exchange rates.
- inclusive of any applicable value added tax (which shall be payable by the Buyer subject to receipt of a VAT invoice);
- inclusive of all charges for packaging, packing, shipping, carriage, insurance and delivery of the Goods; and
- exclusive of any duties, imposts or levies other than value added tax.
1.23 The Order is personal to the Seller and the Seller shall not assign or transfer or purport to assign or transfer to any other person any of its rights or sub-contract any of its obligations under the Contract.
1.24 Any notice required or permitted to be given by either party to the other under this User Agreement shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
1.25 No waiver by the Buyer of any breach of this User Agreement by the Seller shall be considered as a waiver of any subsequent breach of the same or any other provision.
1.26 If any of the provisions of this Agreement are judged to be illegal or unenforceable, the continuation in full force and effect of the remainder will not be prejudiced. All clauses relating to licence and ownership, proprietary rights, confidentiality, warranties, non-exclusivity, non-solicitation and waiver shall survive the termination or expiry of this Agreement.
1.27 TradeTalk grants you a limited licence to access and make personal use of the Platform and website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TradeTalk. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another Seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TradeTalk without express written consent. You may not use any meta tags or any other "hidden text" utilising TradeTalk’s name or trademarks without the express written consent of TradeTalk. Any unauthorised use terminates the permission or license granted by TradeTalk.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of TradeTalk as long as the link does not portray TradeTalk, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TradeTalk logo or other proprietary graphic or trademark as part of the link without our express written consent.
1.28 TRADETALK.COM; TRADETALK and other marks indicated on our website are trademarks or registered trademarks of Export Technologies Limited, in the United Kingdom and/or other jurisdictions. TradeTalk’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of TradeTalk. TradeTalk's trademarks and trade dress may not be used in connection with any product or service that is not TradeTalk's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TradeTalk. All other trademarks not owned by TradeTalk that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TradeTalk.
1.29 TradeTalk will send all communications to users to their registered e-mail address in their TradeTalk account. It is the User’s responsibility to ensure this is correct and up to date at all times.
B. Conditions for Buyers
2.0 TradeTalk provides a platform for Buyers to purchase Goods from Sellers. TradeTalk assists in the facilitation of this process but has no involvement in the processing or fulfilling of any orders placed and at no point do we have possession of any Goods listed or sold on the Platform.
2.1 The quantity, quality and description of the Goods shall, subject as provided in this User Agreement, be as stated in the Specification. We have no control over, and do not guarantee the accuracy of the Specification.
2.2 When you as a Buyer place an Order to a Seller, the Order is not guaranteed to be fulfilled until the Order reaches the status of Accepted.
2.3 The Status of your Orders will be sent to you by email or can be monitored in the My Account section of the website. When you place an Order the order status of this Order is marked as New or Unverified. When this Order Status has been moved to Accepted by the Seller - the Seller must fulfil the Order at the agreed Price.
2.4 Buyers must pay the Seller in the Seller’s nominated currency. When paying in a different currency this may lead to a slight deviation in the amount that is billed. The Buyer must accept this possible variation in Price due to fluctuating exchange rates. This may also effect a reimbursement where money is repaid in the Sellers currency at a subsequent date. Buyers must also accept this possible variation in the reimbursement value.
2.5 You will not be charged until the Order Status has been moved to Accepted.
2.6 When your order has been shipped by a Seller you will be notified by email or by looking at your order history that the Goods have been shipped. After shipping the time for the Goods to arrive will depend on the location from which the Seller shipped the Goods. As a guideline you should expect to receive Goods within 2 to 5 working days after shipping from the same country, 5 to 10 working days from the same continent, or 7 to 15 days from a different continent. If there is any delay longer than these periods you should contact the Seller directly to ensure the Goods have been shipped.
2.7 Risk of damage to or loss of the Goods shall pass to the Buyer upon delivery.
2.8 If you receive an Order from the Seller but find that the Goods are different from the Specification you will be entitled to a refund. The Seller will have a published agreed returns policy viewable in TradeTalk. Contact your Seller directly regarding the refund. To be eligible for a refund you must adhere to the Sellers returns policy and return the Goods with a postmark marked within their agreed returns time period (generally, but not always, 7 days of receipt of the Goods by the Buyer). Returns policies may differ between Sellers, but shipping and handling costs of refunds are generally borne by the Buyer.
2.9 Refunds by the Seller must be issued within 7 working days of them receiving an agreed returned item from the Buyer.
2.10 While you are requesting a refund from TradeTalk you must not request a chargeback from the issuing bank.
2.11 When providing information regarding a Refund to the Seller you must warrant that the information that you provide is true and valid.
C. Conditions for Sellers
3.0 TradeTalk will admit Sellers to the Platform at its sole discretion.Applying to become a Seller on TradeTalk does not guarantee that any applicant will be accepted and permitted to sell using the Platform..TradeTalk will alert the Seller when they have been accepted as a Seller.
3.1 The Seller is responsible for their price listings and the countries to which they are eligible to sell. Where a Seller is selling into international markets the Seller shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of the Platform and the listing, solicitation of offers to purchase, the purchase and the sale of Goods on the Platform.
3.2 The Seller must be the owner of the item that they are listing for sale and warrants that it has the right to sell the item and that the items for sale are in stock, and that place of supply is the country listed by the Seller in their TradeTalk account details.
3.3 Where the Seller has provided extra information, the Seller must warrant that the listing is accurate and not in any way misleading to a potential Buyer.
3.4 When the Seller has Accepted the Order, the Seller is obliged to sell the Goods at the price they have listed, including all shipping costs and VAT. The Buyer will be responsible for the payment of any associated customs or import duty.
3.5 Where the Seller has stated that the sale is Collection Only, the Price must include all VAT, but the Buyer must arrange the collection or shipping of the Goods at their own cost.
3.6 The Seller shall comply with all applicable regulations or other legal requirements concerning the manufacture, packaging, packing and delivery of the Goods.
3.7 The Goods shall be marked in accordance with the Buyer’s instructions and any applicable regulations or requirements of the carrier, and properly packed and secured so as to reach their destination in an undamaged condition in the ordinary course.
3.8 The Goods shall be delivered to the delivery address stated in the Order on the date within the period stated in the Order during the Buyer’s usual business hours.
3.9 Where the date of delivery of the Goods is to be specified after the placing of Order, the Seller shall give the Buyer reasonable notice of the specified date.
3.10 The time of delivery of the Goods is of the essence.
3.11 A packing note quoting the number of the Order must accompany each delivery or consignment of the Goods and must be displayed prominently.
3.12 If the Goods are to be delivered by instalments, the Order will be treated as a single contract and not severable.
3.13 The Buyer shall be entitled to reject any Goods delivered which are not in accordance with the Order, and shall not be deemed to have accepted any Goods until the Buyer has had a reasonable time to inspect them following delivery or, if later, within a reasonable time after any latent defect in the Goods has become apparent.
3.14 The Seller shall supply the Buyer in good time with any instructions or other information required to enable the Buyer to accept delivery of the Goods.
3.15 The Buyer shall not be obliged to return to the Seller any packaging or packing materials for the Goods, whether or not any Goods are accepted by the Buyer.
3.16 The Seller must keep their stock levels up to date by ensuring they are regularly updated to the real values of the Goods they are selling.
3.17 When a Seller has received an Order, it is the responsibility of the Seller to deal with the Order swiftly. Orders that are Accepted must be Shipped within 4 working days.
3.18 Prohibited Items - The following items may not be listed for Sale within the TradeTalk platform. i) Firearms ammunition or weapons ii) Offensive material that incites hatred or discrimination based on religion, race, sexual orientation, physical ability, age or ethnicity iii) Obscene or pornographic material iv) Stolen goods v) Pharmaceuticals or prescription drugs vi) Intoxicating liquor or tobacco vii) Illegal or recreational drugs of any kind viii) Living Animals ix) Restricted substances or poisons x) Any item that has export or trade restrictions from your country of origin
3.19 The Seller warrants to the Buyer that the Goods:
3.20 Without prejudice to any other remedy, if any Goods are not supplied or performed in accordance with the Order, then the Buyer shall be entitled:
- will be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended (or equivalent relevant provisions in any relevant country in which the TradeTalk Platform operates)) and fit for any purpose held out by the Seller or made known to the Seller in writing at the time the Order is placed;
- will be free from defects in design, material and workmanship;
- will correspond with any relevant Specification or sample; and
- will comply with all statutory requirements and regulations relating to the sale of the Goods.
3.21 The Seller shall indemnify the Buyer in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by the Buyer as a result of or in connection with:
- to require the Seller to repair the Goods or to supply replacement Goods in accordance with the Order within 7 days; or
- at the Buyer’s sole option, and whether or not the Buyer has previously required the Seller to repair the Goods or to supply any replacement Goods to treat the Order as discharged by the Seller’s breach and require the repayment of any part of the Price which has been paid.
3.22 Neither the Seller nor the Buyer shall be liable to the other or be deemed to be in breach of the User Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Goods, if the delay or failure beyond to that party’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party’s reasonable control:
- breach of any warranty given by the Seller in relation to the Goods:
- any claim that the Goods infringe, or their importation, use or resale, infringes, the patent, copyright, design right, trade mark or other intellectual property rights of any other person;
- any liability under the Consumer Protection Act 1987 in respect of the Goods;
- any act or omission of the Seller or its employees, agents or sub-contractors in supplying, delivering and installing the Goods; and
3.23 A Seller may terminate participation in TradeTalk at any time by contacting TradeTalk. TradeTalk can cancel the Account of a Seller at any time by giving notice to the Seller. On termination the settlement of fees due to TradeTalk will be debited from money outstanding to the Trader, and the money outstanding to the Trader will be paid in accordance within the set time period.
- Act of God, explosion, flood, tempest, fire or accident;
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- import or export regulations or embargoes;
- strikes, lock-outs or other industrial actions or trade disputes (whether involving employees or either the Seller or the Buyer or of a third party);
- difficulties in obtaining raw materials, labour, fuel, parts or machinery;
- power failure or breakdown in machinery.
D TradeTalk Fees Overview
4.0 There is no charge to Buyers using TradeTalk.
4.1 The Sellers fees will depend on which of the following mechanisms they use to sell Goods using TradeTalk. “Use TradeTalk” is the recommended mechanism for Sellers.
4. 1.1Use TradeTalk: Sellers Fees - Sellers must agree to the fee structure of TradeTalk before selling any items. The fee structure is composed of :-
4.1.2 Redirect: Where a Seller is using TradeTalk to list items as a Redirect there will be a Cost Per Click (CPC).This CPC will vary depending on the Goods being offered for sale and will be made clear to the Seller at the time they post the Goods for sale on the Platform.
- A charge per transaction; and
- A percentage fee based on the Seller’s individual transaction rate.
4.1.3 Display Only: Where a Seller is using TradeTalk to Display Only there will be a CPC. The CPC will vary depending on the Goods being offered for sale and will be made clear to the Seller at the time they post the Goods for sale on the Platform.
4.2 TradeTalk permits two mechanisms of payment: -
4.2.1 Either the Seller receives the payment information directly from the Buyer and processes the payment; or
4.2.2 TradeTalk Payments processes the payment once the Order has been Accepted by the Seller.
4.3 The Buyer will be notified whether it is the Seller or TradeTalk that will process the payment before the order is placed.
4.4 Where TradeTalk payments has taken payment for the Goods, TradeTalk will reimburse the Seller every 21 days with the money it has received for the Seller based on the shipped sales for the Seller listed during that period (Transfer). TradeTalk will deduct the fees owed by the Seller to TradeTalk from the Transfer at this point. The amount owed and taken from the Sellers account will be listed in their Accounts page.
4.5 Transfers should arrive to the Seller in 5 Business Days of the date of Transfer by the Sellers selected method.
4.6 Where a Seller cannot fulfil an Order they can cancel that Order before the Status becomes Accepted. When the Order Status becomes Accepted the Seller will have to issue a cancellation and subsequently refund the Buyer.
4.7 TradeTalk will monitor the number of sales and chargebacks for a Seller. TradeTalk, at its sole discretion, may impose transaction limits on the Seller. TradeTalk may also delay the transfer of funds to the Seller where there are, in the opinion of TradeTalk, a critical number of Buyer disputes or chargebacks.
4.8 Where chargebacks occur to TradeTalk, TradeTalk may seek to recover these from the Seller. TradeTalk will seek the simplest way to recover this money, and can obtain reimbursement by deducting the amount from payments due to the Seller. Should this not be applicable, TradeTalk may obtain reimbursement by reversing any Transfer to the Sellers bank account, charging the Sellers’ credit card, or by any other lawful means.
E. Conditions for Information and the Provision of Information to TradeTalk
5.0 TradeTalk has a number of areas where feedback can be provided on other members, products and data. Any information provided by a User is fully their responsibility. When submitting feedback information Users must be aware that they are fully responsible for the feedback they have provided. Where a dispute or action arises from feedback between parties, TradeTalk is held harmless for any feedback on the website.
5.1 Feedback and submission of information must not be offensive, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. TradeTalk reserves the right (but not the obligation) to remove or edit any content.
5.2 Purposely invalid information or abuse of the system to boost a products rating, denigrate a Buyer’s rating or Sellers rating, erroneously request the transfer of products or purposely provide incorrect product information - may result in the cancellation of the users TradeTalk account without notice.
5.3 When content or data of any kind outside personal private information is given to TradeTalk, you agree to give TradeTalk , worldwide, continual, non-exclusive, royalty free, sublicenceable rights to this data and to all trademark and intellectual property rights you have in this content. By this content we mean without limitation product data, images and related content. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Trade Talk, including the execution of deeds and documents, at the request of TradeTalk.
5.4 You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to TradeTalk: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable TradeTalk policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify TradeTalk for all claims brought by a third party against TradeTalk arising out of or in connection with a breach of any of these warranties.
5.5 It is not possible for TradeTalk to be aware of the contents of each product listed for sale, or each comment or review that is displayed. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify TradeTalk immediately and we will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
F. Reuse of Product Information by Market Makers and Product Information Providers, and Special Conditions for Market Makers.
6.0 Where a TradeTalk account holder has been marked as the Product Information Provider or Market Maker for a product, that account holder may freely reuse the information about the product that is gathered or added to TradeTalk. This may include additional descriptions and picture information and translated information.
6.1 Market Makers may also be provided some financial information on the products and market where they are designated the Market Maker.
6.2 Market Makers may receive reduced selling fees on a rolling contract term where this has been agreed with TradeTalk.
G. Changes and Variations in the Agreement.
7.0 TradeTalk reserves the right to amend this User Agreement at its sole discretion. Amendments can be made by the posting of changes to this page. It is the responsibility of the User to understand any such changes. The continued use of the TradeTalk platform will require that the User accepts any amendments to this User Agreement. TradeTalk has no requirement to notify Users of these amendments beyond posting them to this User Agreement.
H. Governing Law
8.0 This User Agreement shall be governed by and construed in accordance with the laws of Northern Ireland. You and TradeTalk both agree to submit to the non-exclusive jurisdiction of the Courts of Northern Ireland.