Terms & Conditions
All references to “we,” “our,” “ours” and “nowinnofee.com” refers to the staff of NoWinNoFee.com (the “COMPANY”), plus all third parties used for administration and running of the web site and/or internal workings of the NoWinNoFee.com process. All references to “the Site”, “the Web Site” and “the Website” refers to any and all the 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 a third party for which that third party has paid us a fee – if you 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 utilize any services that may be available on the the Site from time to time.
You should carefully read the following terms before using the Site. By using the Site you are agreeing to become bound by the Terms. 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. 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 NoWinNoFee.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 phrase “No win, no fee” 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 other 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 NoWinNoFee.com 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 NoWinNoFee.com website.
14. Items 14, 15, 16 & 17 no longer apply to this Site and have therefore been removed.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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 alleded negligence of the Company, including, but not limited to, direct, indirect, incidental, punitive and consequential damanges. You hereby release and forever discharge the Company and it’s officers, directors, agents, employees, subsidiaries and affiliates, and their repective 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.
23. 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.
24. 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, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner.
26. 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 October 1st, 2007.