Terms and Conditions
Our Terms and Conditions All references to "I", "we," "our," "ours" and "GuaranteedCompensation.com" refers to the staff and owners of GuaranteedCompensation.com. All references to "the Site" and "the Website" refers to any and all the information and data held online at any on the various pages of this website. All references to "you," "yours," and "submitting individual" refers to all persons who visit the Site and/or utilise the services on the Site, the person whose name appears as the claimant on a submitted personal injury claim form or the authorised representative and/or guardian of a minor wishing to make a claim. You should carefully read the following terms before using the Site. By using the Site you are agreeing to become bound by the Terms and Conditions herein. This is a legally binding agreement. If you do not agree with the Terms you should not use the Site. 1. We agree to provide you access to the Site in accordance with the Terms and you agree to abide by 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. We assume that the details provided on the claim forms are the details of the person submitting the claim forms or their litigation friend. PLEASE NOTE that the principal form of contact between Our Company and you will be via electronic mail; therefore, a valid email address must be provided on the claim form that you submit online, as that email address will be used to notify you whether or not your claim was accepted or rejected by any or all the Solicitors on our panel, and should your email address change you are solely responsible for notifying GuaranteedCompensation.com staff, immediately of such change. 5. After we review your full claim form, within the herein noted time period, your full claim form will be forwarded to a solicitor qualified and experienced in the type of claim you are making. If that solicitor does not wish to pursue your claim on your behalf, for whatever reason, it will be forwarded to the next available solicitor who could handle your case, this process will be repeated up to three (3) times; thereafter, we will assume that none of our Solicitors is able to assist you with your claim. This does not mean that you do not have a case. It may mean that it is too early in the case to establish blame or indeed quantifiable injuries. Rejection by our panel of Solicitors does not stop you from pursuing your case elsewhere and/or with any other legal advisor. 6. In the event that our first choice panel of solicitors declines to accept your case for whatever reason, your claim will be forwarded to a second and if necessary, a third solicitor on our panel. If this is the case, there will be no guarantee of a minimum compensation in the event that any of our subsequent solicitors are unable to win you compensation. The guarantee of £1,000 in the event of failure to win you compensation only applies if the first solicitor your claim is offered to does not decline the case on the ground of its merit or validity. 7. You agree to inform us of any apparent breaches of security such as loss, theft or unauthorised disclosure or use of any ID and/or reference number which we may issue to you and, although every effort will be made to assist you, you will remain liable for any unauthorised use. 8. 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. 9. By using this Site you understand and agree that Our "sole responsibility" is to forward your claim form to the Solicitors for their review and consideration, 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 or they utilise, including but not limited to call centres and marketing organisations; 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. 10. You agree that once you have submitted your claim to us you will not submit that claim to any other solicitor, claims handler or begin proceedings yourself. We are performing a service that you will not be charged for if we are allowed the proper period of time to perform that service. If we are successful in finding a solicitor to take your case, then you do not have to pay any service charges, this will be paid by the accepting solicitor. If we are unsuccessful in finding a solicitor to take your case, then there is no charge to you either as we have been allowed to complete the service, but have failed. Notwithstanding anything contained herein to the contrary, you agree that should you breach these Terms and submit your claim information to another solicitor and/or claims management/referral firm within twenty eight (28) days from the date We receive your full application form, then you will pay GuaranteedCompensation.com a service charge as determined by Us, from time to time, for services rendered by Us. Furthermore, should we be unable to complete that service due to your acts and/or omissions, including but not limited to false information you provided on your application form, then there will also be a service charge payable. Currently, the charge for both instances is £50 to cover administrative costs, and it shall be payable within (30) days of our notifying you of said charge. 11. You agree and acknowledge that if your claim is accepted by one of our Panel Solicitors, then your claim and/or case shall no longer be GuaranteedCompensation.com's responsibility. You further agree that if and when your claim is accepted by one of Our Panel Solicitors all of your communication thereafter shall be directed to said Solicitors and their own staff. 12. You agree that you shall not submit any evidence, documentation, photographs or any other type of materials, regarding your case to GuaranteedCompensation.com either through mail, courier, electronically or any other means. Furthermore, you agree that we shall not be held responsible for the care or control of any information or evidence you may send to our offices. Any and all evidence, documentation, photographs or any other type of materials, regarding your case should be sent to the Panel Solicitor your case has been referred to and only in the instance where that information has been requested by said Panel Solicitor. 13. 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. 14. We accept no responsibility for the opinions and information provided by the herein-referenced Solicitors, claims management/referral firms, and any subcontractors, including but not limited to call centres utilised by GuaranteedCompensation.com or posted on the Site by others. We disclaim all warranties with regard to information posted on the Site, whether posted by us or as hyperlinks to 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. 15. 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 the Solicitors and/or claims management/referral firms, which may change from time to time. By submitting your personal details you will be taken to have provided that consent. If you do not agree you have the option not to submit your personal details. At no time will your details be passed to any solicitor and/or claims management/referral company that does not have an expressed interest in helping you with an inquiry/claim for personal injury compensation. At no time will your details be passed to any firm whose products and/or services do not incorporate the type of claim/inquiry that you forward to Us. 16. You understand and accept that as a claims management company, we are paid a commission by our panel of solicitors for referring personal injury claims such as your to them. These commissions are as follows; road traffic accidents, £550. Accident at work claims, £600. Public liability (slip/trip) claims, £600. Industrial disease claims, £600. 17. 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. 18. These Terms contain the entire understanding between us with respect to the Site and no representation, statement, inducement oral or written, not contained herein shall bind either of us. 19. 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. 20 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 United Kingdom. Any award rendered by the arbitrator(s) may be entered as a judgement or order and confirmed or enforced by either you or Us 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 this agreement or the issues raised by that dispute. 21. Notwithstanding anything contained herein to the contrary, We reserve the right to use any details and/or information submitted through this website in whatever way and/or means We deem fit. This includes, but is not limited to statistical analysis, future mailings regarding your case, forwarding to Solicitors, claims management/referral firms, subcontractors, including but not limited to call centres contracted by Us and their representatives. We also reserve the right, at Our sole discretion, to stop providing service on any particular claim and/or case, for any reason or no reason whatsoever. 22. 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) and as no professional advice is being given or performed, no claims for damages can be pursued by you against Our Company. 23. By submitting your claim using one of the claim forms on this Site you agree to these Terms. 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. Our sole responsibility after accepting your claim ends with our guarantee to pay you £1,000 in the event that our first choice solicitor fails to win you compensation through no fault or action or omission on your part. We are a claims management firm, who receives no fees from you, and any fees you may incur from the claim are the direct result of an agreement between you and the Solicitor, which agrees to pursue your claim. 24. 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. 25. 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 from any and all manner of liability, claims, counter-claims, 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. 26. 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 from and against any and all losses, costs, liabilities, obligations, damages, deficiencies, expenses, actions, suits, proceedings, demands, assessments and/or judgements, 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. 27. 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 the owners of the Site, and protected by international copyright laws. We authorise you to view the Material of this Site only for your internal use as a user of the Site, provided that you respect 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, 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, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. 28. 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 incorporated herein by reference. 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 foreseeability 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. 29. Our Company may, at 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 were last revised and on 10 June, 2008.
Intellectual Property The intellectual property rights (including, without limitation, copyright and trademarks) in all material on the Website (including, without limitation, text, images and plans) are owned by the owners of the Site unless otherwise stated and your use of them is limited as set out below. Except where otherwise stated, you are permitted to display the pages of the Website on your computer screen and print a reasonable number of unmodified copies of any of the pages of the Website for your own, non-commercial use. You may not change or delete any author attribution, trade mark, legend or copyright notice, and by printing or displaying the Website you do not acquire any rights in it. Except as expressly permitted under copyright law, any other copying, modification, reproduction, permanent storage, repackaging, distribution, transmission or commercial exploitation of any of the material on the Website by any means without our prior written consent is prohibited. This applies to both the visual content of the Website and the source code. You may create links to the Website but must not frame the Website on any other site nor may you create a link to any part of the Website other than the home page without our prior written consent.
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