Terms & Conditions
All references to “We”, “our” , “ours” “TPF
Solicitors”, “Legally-Confused.com” and any “Bravemain Ltd” created
website refers to the staff of TPF-Solicitors plus all third
parties used for administration and running of the web site and /
or internal workings of the Legally-confused.com process. All
references to “the site”, “the web site” and “the website” refers
to any and all information and data held online at any and all of
the websites created, managed and / or affiliated with the COMPANY.
All references to advertisers and / or Adverts and / or sponsors
refers to the images, text and other details that have been placed
on the site at the request of third party for which that the third
party has paid us a fee – if you are unsure as to which parts of
the site have been set aside for Advertisers and / or Adverts and /
or Sponsors then please contact us. All references to “you”,
“yours” and “submitting individual” refers to all persons who visit
the Site and / or utilise any services that may be available on the
Site from time to time.
The Site and the content herein is the
intellectual property of Bravemain Ltd which is run by the trading
name or Bravemain Ltd you may contact the company representative
here:-
Bravemain Ltd,
9 Dumbarton Street, Walton, Liverpool, L4
3RR.
You should carefully read the following terms and
conditions before using the Site. By using the Site you are
agreeing to become bound by the Terms. If you do not agree you
should not use the Site.
(1)
We TPF
Solicitors / Bravemain LTD agree to provide you access to the Site
in accordance with the terms and conditions and you agree to abide
by the same.
(2)
You are
responsible for providing and maintaining all personal computer and
communications equipment and Internet access accounts necessary to
gain access to the Site.
(3)
You are
responsible for any communications, messages and other information
that you receive as a result of your use of the Site and bear the
entire responsibility for any losses that you may experience as a
result of your use of the Site.
(4)
This Site
provides a portal for transactions between you and the herein
referenced Solicitors and/or claims management/referral firms. We
are not a party to those transactions and are not responsible to
either you or the Solicitors and/or claims management/referral
firms, including but not limited to subcontractors, such as but not
limited to call centers, for fulfillment of the proposed
transactions. Affiliates of Our Company may provide services
through the Site. Should You enter into a transaction with
Solicitors and/or a claims management/referral firm that you see
advertised or even just mentioned on Our site, You will be entering
into a relationship with them and not with Our Company as well. Use
of this Site constitutes acknowledgement of Our limited role in
such transactions and a waiver of any claims against Our Company
arising out of transactions effected through the Site. We make no
endorsement or warranty of any kind with respect to any services
offered directly or indirectly through the site, with respect to
any transaction entered into through the site or with respect to
any information provided via the site. We do not receive a fee in
regards to your transaction with any Solicitor and/or claims
management/referral firms that are either Advertised or mentioned
on this Site.
(5)
We assume
that the Site is clear and laid out to the best of our abilities
and it should be very clear that all Solicitors and/or Claims
Management firms and/or any other advertisers on the site are just
advertisers. If you submit any information to us regarding a legal
inquiry or details of a claim You wish to make or are already
making with an advertised firm we will not be able to pass any
information on to anyone and the email will simply be deleted and
any mail or items posted to us will be destroyed after 60 days - we
will do our best to ensure secure disposal of such items but
sometimes this may not be possible and by sending such to us you
agree to release us from any responsibility, either financial or
otherwise, of any losses you may encounter due to those items being
destroyed and/or any losses incurred due to those items being
disposed of incorrectly by us. An autoresponder has been set up to
notify You of who You have emailed and information regarding
putting your claim elsewhere should you accidentally submit an
email to us without reading the information on the Site first. That
will be Your only notice and we will not make personal responses to
any emails that ask for legal advice or that detail any
claims.
(6)
You agree to
use the Site in a manner consistent with any and all applicable
rules and regulations. All information including but not limited to
ideas, suggestions, concepts and graphics, submitted to us through
the Site will become our exclusive
property.
(7)
By using this
Site you understand and agree that Our "sole responsibility" is to
Our advertisers in ensuring that their adverts are seen by our
Site's visitors, and therefore We are not responsible for: a) any
incorrect information provided by either you and/or the Solicitors;
b) the quality of service provided by the Solicitors and/or any
subcontractor We utilize, including but not limited to call centers
and claims management/referral firms; c) failure by you, the
Solicitors and/or any of the herein noted subcontractors to timely
process your claim and/or rejection of same before the expiration
of any applicable statute of limitations; and/or d) failure by any
of the Solicitors to accept your claim.
(8)
You agree
that you shall not submit any evidence, documentation, photographs
or any other type of materials, regarding your case to “TPF
Solicitors” “Legally-Confused.com” either through mail, courier,
electronically or any other means, and you agree to indemnify Us
for any breach of same. Furthermore, you agree that We shall not be
held responsible for the care or control of any information or
evidence you may send our offices. Any and all evidence,
documentation, photographs or any other type of materials,
regarding your case should be sent to the Solicitor or Organisation
that is handling your case.
(9)
The Site uses
the phrases "No win, no fee" and "100% of your compensation," as
well as other phrases indicating similar offers. PLEASE NOTE, as
stated on several pages of this Site, not all claims submitted
qualify for the "no win, no fee" or "100% compensation" offers
available from our Advertised Solicitors and the herein referenced
claims management/referral firms. Therefore, you agree to be solely
responsible for checking with the Solicitors and/or the claims
management/referral firms to determine whether or not those offers
apply to their services and/or your particular claim type and/or
geographical/legal location.
(10)
You accept
that the Site is provided on an "as is, as available" basis. We
disclaim all implied warranties of satisfactory quality and fitness
for a particular purpose with regard to the Site and the entire
risk as to the quality performance and use of the services is with
you.
(11)
We accept no
responsibility for the opinions and information provided by the
herein referenced Solicitors, claims management/referral firms, and
any subcontractors, posted on the Site by “TPF Solicitors” “
Bravemain Ltd” staff, third parties or any others. We disclaim all
warranties with regard to information posted on the Site, whether
posted by us or any third party. This disclaimer includes all
implied warranties of merchantability, satisfactory quality and
fitness for a particular purpose. In no event shall we be liable
for any special indirect or consequential damages or any damages
whatsoever resulting from loss of use, data or profits arising out
of or in connection with the use or performance of any information
provided and/or posted on the Site.
(12)
Any mention
of Regulatory Bodies, current laws and/or legislation,
Charities, Services (Legal or Otherwise) and/or any other
reference to any company, Organisation, individual, news or
information does not infer and is not meant to indicate that
We are subject to the regulations, codes of practice and/or
standards of and/or having any affiliation with that company,
Organisation, individual, news or information
source.
(13)
We may obtain
data about you in the course of your accessing the Site. In
accordance with good Data Protection principles, we need your
consent to using that information for our marketing and mailing
purposes, which may include the transfer of such data to our Site
Advertisers and Sponsors, which may change from time to time. By
visiting our site with your web browser set to allow us to collect
these details and/or by using any of the services available on the
site from time to time you will be taken to have provided that
consent. At no time will your details be passed or sold to any firm
unless it is in direct relation to the successful running of the
“Legally-Confused.com” website.
(14)
Where we
provide hypertext links to other sites we do so for information
purposes only, and such links are not endorsements by Us of any
products or services in such sites and we make no endorsement or
approval of the same.
(15)
Should any
part of these Terms for any reason be declared invalid by a court
of competent jurisdiction, such determination shall not affect the
validity of any remaining portion and such remaining portion shall
remain in full force and effect as if the invalid portion of these
terms had been eliminated.
(16)
These terms
and conditions are made under UK law and this Site is operated from
the United Kingdom. You are responsible for compliance with any
applicable laws of the country from which you are accessing the
Site. Any claim relating to the use of the Site or the materials
contained on the Site are governed by and construed in accordance
with the laws of the United Kingdom (regardless of the laws that
might be applicable under principles of conflicts of law). You
irrevocably consent to the exclusive jurisdiction and venue of the
United Kingdom in all disputes arising out of or relating to these
Terms and Conditions or your use of the Site. You hereby
irrevocably waive any objection which you may now or hereafter have
to the laying of venue of any actions or proceedings arising out of
or in connection with these Terms brought in the courts referred to
in the preceding sentence and hereby further irrevocably waive and
agree not to plead or claim in any such court that any such action
or proceeding brought in any such court has been brought in an
inconvenient forum. In the event any dispute arises between you and
Our Company concerning the use of the Site, it shall be resolved in
accordance with the alternative dispute resolution procedure set
forth in the following sentence. Any controversy or claim arising
out of or relating to your use of the Site, the relationship
resulting in or from your use of the Site, the breach of any duties
hereunder or any other relationship, transaction or dealing between
you and Our Company (collectively "Disputes") will be settled by
binding arbitration. Such arbitration shall be conducted in the
city of Aberdeen, United Kingdom. Any award rendered by the
arbitrator(s) may be entered as a judgment or order and confirmed
or enforced by either you or Our COMPANY in any court having
competent jurisdiction thereof. The failure of either party to
exercise any rights granted hereunder shall not operate as a waiver
of any of those rights. The arbitrators will not be empowered to
award any consequential, indirect and/or punitive damages. This
agreement to arbitrate will survive termination of these Terms. If
these Terms are found not to be subject to arbitration, the parties
hereto knowingly and willingly waive any right they have under
applicable law to a trial by jury in any dispute arising out of or
in any way related to related to this agreement or the issues
raised by that dispute.
(17)
Notwithstanding anything contained herein to the contrary, We
reserve the right to use any details and/or information submitted
through its website in whatever way and/or means it deems fit. This
includes, but is not limited to statistical analysis by Us and any
third parties and/or third party software. We also reserves the
right, at Our sole discretion, to stop providing any and/or all
service for any reason or no reason
whatsoever.
(18)
We disclaim
all responsibility or liability for the content, reliability,
operation or availability of the Site. As this Site provides the
service free of charge (for no consideration from you) to the
public and as no professional advice is being given or performed,
no claims for damages can be pursued by you against Our
Company.
(19)
By submitting
your claim to one of the Advertised Solicitor's and or Claims
Management companies or any other Advertiser on this Site You also
agree that We are not responsible in any way for the management of
your personal injury claim, the outcome or the amount of
compensation you receive and/or are required to pay to any
Solicitors and/or claims management/referral firms. We receive no
fee, monies or re-imbursements in regards to your actual claim so
Any fees you may incur from the claim are the direct result of an
agreement by and between you and the Solicitors and/or the claims
management/referral firms, which agrees to pursue the your
claim.
(20)
The material
available through the Site may contain inaccuracies or
typographical errors. We make no representations about the
accuracy, reliability, completeness, or timeliness of the material
available through the Site. The use of Site and the material
available through the Site is at your own risk and is provided "as
is". Changes are periodically made to the Site, and may be made at
any time, without notice.
(21)
The Company
and it's affiliates will not be liable for any damages of any kind
arising from the use of the Site or arising from the alleged
negligence of the Company, including, but not limited to, direct,
indirect, incidental, punitive and consequential damages. You
hereby release and forever discharge the Company and it's officers,
directors, agents, employees, subsidiaries and affiliates, and
their respective successors and assigns from any and all manner of
liability, claims, counterclaims, demands, setoffs, damages or
causes of action, which you now have or which may hereafter accrue,
whether heretofore asserted or unasserted, known or unknown,
arising out of, or in any way relating to the use of the Site by
you. Specifically including but not limited to any claims based in
whole of in part upon the alleged negligence of the Company in
operating the Site or otherwise.
(22)
You agree to
defend, indemnify and hold harmless our company, and its officers,
directors, agents, employees, subsidiaries, parent Company, and
affiliates, and their respective successors and assigns, from and
against any and all losses, costs, liabilities, obligations,
damages, deficiencies, expenses, actions, suits, proceedings,
demands, assessments and/or judgments, including reasonable legal
fees, that are caused by, or result or arise from, any breach of
these Terms by you, or the use of the Site by you or any other
person using the Site under your
authority.
(23)
All content
included on the Site, including content within the Site, such as
text, graphics, button icons, images, and software ("Material"), is
the exclusive property of Our Company or others, and protected by
international copyright laws. We authorize you to view and download
the Material of this Site only for your internal use as a user of
the Site, provided that you retain all copyright and other
proprietary notices contained in the original Material on any
copies of the Material. Material may not be modified in any way or
reproduced or publicly displayed, performed, or distributed or
otherwise used for any public or commercial purpose. For purposes
of these Terms, any use of the Material on this Site for any
purpose is prohibited. The trademarks, Site marks and logos
("Trademarks") used and displayed on the Site, including content
within the Site, are registered and unregistered Trademarks of Our
Company and others. Nothing on the Site should be construed as
granting, by implication or otherwise, any license or right to use
any Trademark displayed on the Site, without the written permission
of the Trademark owner.
(24)
If any
provision of these Terms shall be declared by a court to be
invalid, illegal, or unenforceable, such provision shall be deemed
severable from these Terms and the other provisions shall remain in
full force and effect. The failure of Our Company to exercise or
enforce any right or provision of these Terms shall not constitute
a waiver of such right or provision. Our Company reserves the right
to disclose any information, including data, in order to comply
with any applicable laws and/or requests under legal process. The
provisions of our Privacy Policy are noted elsewhere on this site,
if you are unable to find them please contact us via email and we
will notify you of there current location. Our Company shall not be
in default by reason of any failure in performance if such failure
arises, directly or indirectly, out of causes reasonably beyond the
direct control or foresee ability of such party, including but not
limited to, default by subcontractors or suppliers, acts of God or
of the public enemy, terrorism, U.K. or foreign governmental acts
in either a sovereign or contractual capacity, labour, fire, flood,
epidemic, restrictions, strikes, and/or banking and financial
institution interruption.
(25)
Our Company
may, in its sole discretion, change, add or remove any portion of
these Terms, at any time, by posting a new Agreement to the Site.
The new Terms will become effective and binding upon you
immediately after being posted to the Site. These Terms was last
revised on April 28th, 2008.
Please also read our Privacy
Policy. If you have any questions please contact
us using our online form.
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