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TERMS & CONDITIONS
The granting to you by us (TheClaimRoom.com Ltd) of a licence to use the facilities of TheSolicitorsRoom.com, whether on the main platform or at The Clinic (“the Service”), is in consideration of your agreement to the following Terms and Conditions:-
1. You will at all times follow and be bound by the rules of operation as set out in the User Guide as amended from time to time and available to download from the Service (“User Guide”).
2. You warrant that you are aged 18 or more and legally competent to manage your own affairs
3. You agree that at all times :-
a. the purpose of the Service is to give you a facility to run an online file onto which you may take legal advice that we arrange for you.
b. you will ensure that the Service and all hardware, software and communications equipment you use to access the Service are used in a proper and skilful manner by reasonably competent and trained persons
c. you will accept full responsibility for ensuring that all text entered onto the Service is done correctly and as intended and entered in the correct message area of the Service and shall not seek to hold TheClaimRoom.com Ltd, its officers employees or agents, liable for any error.
d. you will not enter text, or upload any document, onto any part of the Service, or submit any e-mail relating to your use of the Service, that breaches any law .or regulation or the rights of any third party, or reasonable standards of morality and decency, including but not limited to, infringement of copyright and other Intellectual Property Rights, defamation, theft, fraud or is pornographic, obscene, indecent, abusive, offensive or menacing, and shall fully indemnify and hold harmless TheClaimRoom.com Ltd, its officers employees or agents and all other parties participating in your online file, against all claims and demands in relation to such text.
e. you will read, each and every working day, all e-mails sent to you by TheClaimRoom.com Ltd, its officers employees or agents, or by any other party or representative of a party to, or mediator, or other participant, in the matter, to the e-mail address registered for you on the Service, and accept that all e-mail sent to such address will be taken to have been received by you by 5.30pm on the next working day following the day on which it was sent.
f. you will take full responsibility for ensuring all reasonable and appropriate steps are taken to prevent unauthorised persons ascertaining the username and password used by you for access to the Service or the password allocated by the Service and, in particular, will ensure that you log off from the Service whenever you are not using the Service or leave your workstation, further, will notify us by e-mail as soon as you learn of access by unauthorised persons, whether through loss or misuse of your username and password or by other means,
g. you will accept full responsibility and liability for all actions taken on the Service under your user password(s), whether or not you were the person who took such action
h. in view of the risks to disruption of the Service at any time and the risks of loss of data, you agree to take appropriate measures at your own discretion, including printing text messages and pasting text messages into files stored by yourself locally, to obtain back-up copies of all text uploaded to the Service by others and by yourselves and you will waive all claims against TheClaimRoom.com Ltd, its officers employees or agents for loss or damage of data resulting from your failure to copy such data from the Service or from use of less than the optimal encryption security on your browser or e-mail program or operating system and, further, will be liable to us and/or to other parties using the Service for any loss in consequence
i you will pay to us for your use of the Service such sums as are in accordance with the terms and charges as posted on the Service.
j.you will not hold us, our officers employees or agents, responsible, or accountable, for any information or advice given through your use of the Service
k. you agree that from time to time we may alter the nature and facilities of the Service subject to, in the case of changes that have a material impact on the way you conduct your business using the Service, our giving notice by e-mail to you either before, or within a reasonable time following, the implementation of each such change.
4. We agree with you that:-
a. we shall only be liable for other loss or damage up to a maximum limit of the amount of our charge incurred by you in your use of the Service for the matter in respect of which the loss or damage was incurred. In particular, we shall not be liable for any other damage whether direct or indirect loss of profits or for any indirect or consequential loss, however caused
b. we will use our best endeavours at all times to ensure the continuity of the availability of the Service on the Internet. However the potential for disruption of connectivity extends well beyond technology and events over which we have any control, covering possible actions by many varied organisations who contribute to the functionality and connectivity of the Internet as well as the status of your own software and Services and thus we can accept no liability for any disruption that occurs for whatever reason.
c. we are the Data Controllers under the Terms of the Data Protection Act 1998 and shall not use any personal data you give us save only for the purposes of your use of the Service in accordance with its User Guide and for informing you of changes to the Service. Apart from the above the only other processing of your data will be to store all messages from yourself and from those invited to your online file.
5. You agree that we may change the terms of this agreement from time to time. If we do so, we will notify you of the change when you next access the Service. You will not be able to continue using the Service unless you agree to the change, and we will not be under any obligation to you if you do not agree.
6. We reserve the right at any time, should you be in breach of any of the provisions of these Terms & Conditions for any other, or no, reason, to suspend on no notice, or terminate on 3 days notice, by e-mail sent to the e-mail address you registered on the Service as your user identity, your access to, and use of, the Service, whether or not any claims are current and unsettled. Any such suspension or termination shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
7. You agree that we have no responsibility for the content of any advice given to you by advisers on your online file nor for the quality or appropriateness of such advisers whether or not, in either case, they have been selected by ourselves and invited onto your online file.
8. You agree that we are not liable to you should we fail, for whatever reason, to locate an adviser in a particular advice category to invite onto your online file. IF WE FAIL TO PROVIDE ADVICE TO YOU THEN WE WILL REFUND THE PAYMENT MADE.
9. You accept that we may need, from time to time, to suspend the Service for maintenance, improvement or other reasons or suspend your password and/or access to the Service should we consider there is, or is likely to be, a breach of security or risk of failure in the operation of the Service and that we , therefore, give you no assurance that the Service will be available for use at any particular time nor do we accept any liability whatsoever for its non-operation at any time.
10. You accept that that the nature of the Internet and its interdependence on various organisations, networks and systems and the unavoidability, despite the implementation of security measures, of risk of damage caused by viruses, trojans, hacker attacks and such like, is such that disruptions to the Service may occur from time to time and that, as a result, it is not possible to, nor do we, guarantee that the Service will be accessible at all times.
11. Unless we consent beforehand in writing, which we may, in our absolute discretion, refuse, you may not assign, transfer or otherwise dispose of any of your rights or obligation hereunder.
12. We may, on giving notice in writing to you, assign all or any of our rights and/or obligations herein to any other person or body.
13. All notices to be given to TheClaimRoom.com Ltd shall be sent by post to:- TheClaimRoom.com Ltd Dallam Court Dallam Lane Warrington, Cheshire WA2 7LT UK
14. These Terms & Conditions amounts to the whole agreement between yourself and TheClaimRoom,com Ltd.
15. In the event that any term is held to be invalid by a decision of a court of competent authority, the remainder of these Terms & Conditions shall remain valid and enforceable
16. The laws of England and Wales will apply to any disputes arising out of your use of the service and the assessment of any compensation, and the courts of England and Wales will have exclusive jurisdiction over such disputes.
17. You and we agree that, in the event of any dispute arising between us, we shall use our best endeavours to settle the dispute between ourselves and failing settlement will consent to a form of mediation that is reasonable, appropriate and proportionate to the value and significance of the dispute.
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