Effective Date: 31/03/2017
1.1 This Website is owned and operated by Claims4Free Limited. Our company information is at the end of this document. We are regulated by the Claims Management Regulator in respect of regulated claims management activities; our registration is recorded on the Website www.justice.gov.uk/claims-regulation.
1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Website (as defined below) you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our Website in future. These terms and conditions are available in the English language only.
1.3 These terms and conditions apply to all Users.
2.1 Capitalised terms have the following meanings in these terms and conditions:
a) “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
b) “Content” – all information of whatever kind published, stored or sent on or in connection with our Website.
c) “our Website” – this website and any related services.
d) “User” – persons or organisations using our Website (whether or not registered with us).
3. Very Important – the nature of our Website
3.1 We do not handle or advise on legal matters such as accident claims. Our role is simply to forward potential cases to claims management companies and/or solicitors. Unless otherwise stated on our site, all enquiries are passed directly to one of our panel law firms or claims management companies, who may pay us a fee for the referral. You consent to the law firm or claims management company contacting you about your claim.
3.2 We do not endorse or recommend any claims management companies or solicitors to whom we introduce you.
3.3 Before contracting with claims management companies or solicitors, you must make your own appropriate and careful enquiries including as to their suitability for your purposes. We do not accept legal responsibility in connection with their services or activities. Please direct any queries or complaints to them.
4. Very important – guidance by us
4.1 Any guidance or similar information which we ourselves make available on our Website is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as legal, professional or other advice. You should take legal advice from a solicitor where appropriate. You rely on such information at your own risk.
4.2 If we make reference on the Website to “No Win, No Fee” or use similar phrases, we do not guarantee that your claim qualifies as such. Please take advice from the claims management company or solicitor with whom you deal.
5. Changes to the terms and conditions
5.1 We may change these terms and conditions by posting the revised version on our Website at least 14 days before they become effective. Please check our Website from time to time. You will be bound by the revised agreement if you continue to use our Website following the effective date shown.
5.2 If you are a Consumer with a subscription to our Website and you don’t agree to the changes (provided that they are neither minor nor required by applicable law or regulations), you can end your subscription by giving us notice by email to firstname.lastname@example.org before the effective date of the revised terms and conditions. If so, we will refund any advance payments referable to the period after your termination.
6. Your order
6.1 Your order is an offer to contract with us.
6.2 You place your order by using the ordering process on our site. This involves transmitting the order to us by clicking on the “Pay Now” or equivalent button. This process permits you to check and amend any errors before making an order by using the change function and/or the internet browser back button.
6.3 We will send you a confirmation email after your order. This is our acceptance of your offer and the point at which a legally binding contract is formed.
7. Right to cancel (“cooling off”)
7.1 If you are a Consumer located within the European Economic Area, you have the right to cancel this contract subject to the provisions set out below.
7.2 If you do have the right to cancel, the following apply:
Right to cancel
7.3 You have the right to cancel this contract within 14 days without giving any reason.
7.4 The cancellation period will expire after 14 days from the day of the conclusion of the contract.
7.5 To exercise the right to cancel, you must inform us Claims4Free Limited, 26A West Street, Carrickfergus, Co. Antrim, N. Ireland, BT38 7AR, or by email to email@example.com, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation form at the end of this document but it is not obligatory.
7.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
7.7 If you cancel this contract, we will reimburse to you all payments received from you.
7.8 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7.9 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
7.10 If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.
8. Use of our Website
8.1 We grant Users a limited personal non-transferable right to use our Website subject to these terms and conditions.
8.2 You are not eligible for, and must not use, our Website if you are under 18 years of age.
8.3 You agree that you will not in connection with the Website:
a) breach any applicable law, regulation or code of conduct;
b) publish or send any Content (including links or references to other content), or otherwise behave in a manner, which:
i) is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
ii) infringes any intellectual property or other rights of others;
iii) involves phishing or scamming or similar; or
iv) we otherwise reasonably consider to be inappropriate;
c) sell access to the Website;
d) use the Website to provide a similar service to third parties or otherwise with a view to competing with us;
e) sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
f) use the Website for any commercial or non-private purposes;
g) use the Website for junk mail, spam, pyramid or similar or fraudulent schemes;
h) do anything which may have the effect of disrupting the Website including worms, viruses, software bombs or mass mailings;
i) do anything which may negatively affect other Users’ enjoyment of the Website;
j) gain unauthorised access to any part of the Website or equipment used to provide the Website;
k) use any automated means to interact with our systems excluding public search engines; or
l) attempt, encourage or assist any of the above.
8.4 You must not do anything which damages, or might damage, our reputation.
8.5 You must comply with any guidelines or requirements on our Website.
8.6 You must promptly comply with any reasonable request or instruction by us in connection with the Website.
8.7 You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.
9. Third party services / advertising / websites
9.1 We may use third party-provided services or display third party advertising within our Website and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use them at your own risk.
10. Your account
10.1 If we permit you to create an account on our Website, it is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
11.1 While certain features and parts of our Website are available to Users free of charge, full use of our Website is available only to Users who subscribe. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Website. Payment is in advance.
11.2 The prices shown on our website include VAT unless we say otherwise.
11.3 You are legally committed to pay your subscription payment once we confirm your order.
11.4 Where specified on the payment page of our Website when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you cancel before the renewal date by following the instructions on our Website. You authorise us and our third party payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.
11.5 We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our Website.
11.6 You must contact us immediately with full details if you dispute any payment.
12. Ending or suspending this contract
12.1 You may at any time end this contract by cancelling your subscription via our Website or notifying us by email to firstname.lastname@example.org but doing so doesn’t entitle you to a refund. (Though this doesn’t affect any Consumer “cooling off” rights, explained above.)
12.2 We are entitled at any time to end this contract by email notice without cause. If so, we will refund in full any fees already paid which relate to the period after termination.
12.3 We are entitled at any time end this contract by email notice without refund if we terminate our Website as a whole.
12.4 We are entitled at any time (with or without notice) to end this contract or suspend your access to part or all of our Website if we have reason to believe that you have breached our terms and conditions or if any fees due to us are unpaid / unjustifiably charged back or if it is necessary to protect us or others or if we are required to do so by law or appropriate authority. If so, and you are a subscriber, we will refund pro rata that part of your most recent subscription payment relating to the period after termination.
12.5 If this contract ends: Your right to use our Website and all licences are terminated. Existing rights and liabilities are unaffected. All clauses in this contract which are stated or intended to continue after termination will continue to apply.
13. Functioning of our Website
13.1 We do not guarantee that the Website will be uninterrupted or error-free and are not responsible for any losses arising from such interruptions or errors.
13.2 We are entitled, without notice and without liability, to suspend the Website for repair, maintenance, improvement or other technical reason.
13.3 We are entitled, without notice and without liability, to make changes to the Website provided these do not have a material adverse effect.
14.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
14.2 If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
c) such loss or damage is caused by you, for example by not complying with this agreement; or
d) such loss or damage relates to a business.
14.3 If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Website (subject of course to our obligation to mitigate any losses).
14.4 The following clauses apply only if you are not a Consumer:
a) If you are or were a subscriber, our total aggregate liability of any kind (including our own negligence) is limited to the total fees paid by you to us in connection with our Website.
b) In no event (including our own negligence) will we be liable for any:
i) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
ii) loss of goodwill or reputation;
iii) special, indirect or consequential losses; or
iv) damage to or loss of data
(even if we have been advised of the possibility of such losses).
c) You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Website and/or breach of this agreement.
d) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
15. Intellectual property rights
15.1 All trade marks, logos, Content, graphics, images, photographs, animation, videos, text and software used on the Website are our intellectual property or that of our partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
15.2 Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Website without our specific prior written consent.
16.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
17. Events outside our control
17.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
18.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
19. English law
19.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is email@example.com.
20.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
21.1 If you have any complaints, please contact us via the complaints page on our Website.
22. Company information
22.1 Company name: Claims4Free Limited
22.2 Country of incorporation: Northern Ireland
22.3 Registered number: NI070913
22.4 Registered office: C/O Flannigan Edmonds Bannon, Pearl Assurance House, 2 Donegall Square East, Belfast, BT1 5HB
22.5 Main trading address: 26A West Street, Carrickfergus, Co. Antrim, N. Ireland, BT38 7AR
22.6 Other contact information: See our Website.
22.7 VAT number: 935218033
Complete and return this form only if you wish to cancel the contract:
— To Claims4Free Limited, 26A West Street, Carrickfergus, Co. Antrim, N. Ireland, BT38 7AR (or email to firstname.lastname@example.org):
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate