1. Agreement
to Terms
a. These Terms and Conditions
constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (YOU), and SWIFT LEGAL LTD, doing
business as Swift Legal,located at 382 Kingsway Manchester,
Greater Manchester, M19 1PL United Kingdom (we, us),
concerning your access to and use of the Swift Legal (www.swift-legal.co.uk) website
as well as any related applications (the Site).
The Site provides the following services: Swift Legal offers a free
legal helpline across the UK. Swift Legal offers a free listening service with
a view to offering all manner of legal and Accident Management Services if
applicable via its list of partners. You agree that by accessing the Site
and/or Services, you have read, understood, and agree to be bound by all of
these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are
prohibited from using the Site and Services and you must discontinue use
immediately. We recommend that you print a copy of these Terms and Conditions
for future reference. b. The supplemental policies set out in
Section 1.7 below, as well as any supplemental terms and condition or documents
that may be posted on the Site from time to time, are expressly incorporated by
reference. c. We may make changes to these Terms
and Conditions at any time. The updated version of these Terms and Conditions
will be indicated by an updated “Revised” date and the updated version will be
effective as soon as it is accessible. You are responsible for reviewing these
Terms and Conditions to stay informed of updates. Your continued use of the
Site represents that you have accepted such changes. d. We may update or change the Site
from time to time to reflect changes to our products, our users’ needs and/or
our business priorities. e. Our site is directed to people
residing in United Kingdom. The information provided on the Site is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within
such jurisdiction or country. f. The Site is intended for users who
are at least 18 years old. If you are under the age of 18, you are not
permitted to register for the Site or use the Services without parental
permission. g. Additional policies which also apply
to your use of the Site include:
2. Acceptable
Use
a. You may not access or use the Site
for any purpose other than that for which we make the site and our services
available. The Site may not be used in connection with any commercial
endeavours except those that are specifically endorsed or approved by us.
b. As a user of this Site, you agree
not to:
i. Make any unauthorised use of the
Site, including collecting usernames and/or email addresses of users to send
unsolicited email or creating user accounts under false pretences
ii. Use a buying agent or purchasing
agent to make purchases on the Site
iii. Use the Site to advertise or sell
goods and services
iv. Circumvent, disable, or otherwise
interfere with security-related features of the Site, including features that
prevent or restrict the use or copying of any content or enforce limitations on
the use
v. Engage in unauthorized framing of or
linking to the Site
vi. Trick, defraud, or mislead us and
other users, especially in any attempt to learn sensitive account information
such as user passwords
vii.Make improper use of our support
services, or submit false reports of abuse or misconduct
viii. Engage in any automated use of the
system, such as using scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction tools
ix. Interfere with, disrupt, or create
an undue burden on the Site or the networks and services connected to the Site
x. Attempt to impersonate another user
or person, or use the username of another user
xi. Sell or otherwise transfer your
profile
xii. Use any information obtained from
the Site in order to harass, abuse, or harm another person
xiii. Use the Site or our content as part
of any effort to compete with us or to create a revenue-generating endeavour or
commercial enterprise
xiv. Decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a part
of the Site
xv. Attempt to access any portions of
the Site that you are restricted from accessing
xvi. Harass, annoy, intimidate, or
threaten any of our employees, agents, or other users
xvii.Delete the copyright or other
proprietary rights notice from any of the content
xviii Copy or adapt the Site’s software,
including but not limited to Flash, PHP, HTML, JavaScript, or other code
xix. Upload or transmit (or attempt to
upload or to transmit) viruses, Trojan horses, or other material that
interferes with any party’s uninterrupted use and enjoyment of the Site, or any
material that acts as a passive or active information collection or
transmission mechanism
xx. Use, launch, or engage in any
automated use of the system, such as using scripts to send comments or
messages, robots, scrapers, offline readers, or similar data gathering and
extraction tools
xxi. Disparage, tarnish, or otherwise
harm, in our opinion, us and/or the Site
xxii. Use the Site in a manner
inconsistent with any applicable laws or regulations
xxiii. Threaten users with negative
feedback or offering services solely to give positive feedback to users
xxiv. Misrepresent experience, skills, or
information about a User
xxv. Advertise products or services not
intended by us
xxvi. Falsely implying a relationship with
us or another company with whom you do not have a relationship
3. Our content
a. Unless otherwise indicated, the Site
and Services including source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site (Our
Content) are owned or licensed to us, and are protected by copyright and
trade mark laws b. Except as expressly provided in
these Terms and Conditions, no part of the Site, Services or Our Content may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission. c. Provided that you are eligible to
use the Site, you are granted a limited licence to access and use the Site and
Our Content and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use. d. You shall not (a) try to gain
unauthorised access to the Site or any networks, servers or computer systems
connected to the Site; and/or (b) make for any purpose including error
correction, any modifications, adaptions, additions or enhancements to the Site
or Our Content, including the modification of the paper or digital copies you
may have downloaded. e. We shall (a) prepare the Site and
Our Content with reasonable skill and care; and (b) use industry standard virus
detection software to try to block the uploading of content to the Site that
contains viruses. f. The content on the Site is provided
for general information only. It is not intended to amount to advice on which
you should rely. You must obtain professional or specialist advice before
taking, or refraining from, any action on the basis of the content on the Site. g. Although we make reasonable efforts
to update the information on our site, we make no representations, warranties
or guarantees, whether express or implied, that Our Content on is accurate,
complete or up to date.
4. Site Management
a. We reserve the right at our sole
discretion, to (1) monitor the Site for breaches of these Terms and Conditions;
(2) take appropriate legal action against anyone in breach of applicable laws
or these Terms and Conditions; (3) remove from the Site or otherwise disable
all files and content that are excessive in size or are in any way a burden to
our systems; and (4) otherwise manage the Site in a manner designed to protect
our rights and property and to facilitate the proper functioning of the Site
and Services. b. We do not guarantee that the Site
will be secure or free from bugs or viruses. c. You are responsible for configuring
your information technology, computer programs and platform to access the Site
and you should use your own virus protection software. d. Modifications to and availability of
the Site.
5. Site Management
a. We reserve the right at our sole
discretion, to (1) monitor the Site for breaches of these Terms and Conditions;
(2) take appropriate legal action against anyone in breach of applicable laws
or these Terms and Conditions; (3) remove from the Site or otherwise disable
all files and content that are excessive in size or are in any way a burden to
our systems; and (4) otherwise manage the Site in a manner designed to protect
our rights and property and to facilitate the proper functioning of the Site
and Services. b. We do not guarantee that the Site
will be secure or free from bugs or viruses. c. You are responsible for configuring
your information technology, computer programs and platform to access the Site
and you should use your own virus protection software.
6. Modifications to and availability of
the Site.
a. We reserve the right to change,
modify, or remove the contents of the Site at any time or for any reason at our
sole discretion without notice. We also reserve the right to modify or
discontinue all or part of the Services without notice at any time. b. We cannot guarantee the Site and
Services will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site or Services during any downtime or discontinuance of the
Site or Services.We are not obliged to maintain and support the Site or
Services or to supply any corrections, updates, or releases. c. There may be information on the Site
that contains typographical errors, inaccuracies, or omissions that may relate
to the Services, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information at any time, without prior
notice.
7. Disclaimer/Limitation of Liability
a. The Site and Services are provided
on an as-is and as-available basis. You agree that your use of the Site and/or
Services will be at your sole risk except as expressly set out in these Terms
and Conditions, all warranties, terms, conditions and undertakings, express or
implied (including by statute, custom or usage, a course of dealing, or common
law) in connection with the Site and Services and your use thereof including,
without limitation, the implied warranties of satisfactory quality, fitness for
a particular purpose and non-infringement are excluded to the fullest extent
permitted by applicable law. b. We make no warranties or
representations about the accuracy or completeness of the Site’s content are
not liable for any (1) errors or omissions in content: (2) any unauthorized
access to or use of our servers and/or any and all personal information and/or
financial information stored on our server; (3) any interruption or cessation
of transmission to or from the site or services; and/or (4) any bugs, viruses,
trojan horses, or the like which may be transmitted to or through the site by
any third party. We will not be responsible for any delay or failure to comply
with our obligations under these Terms and Conditions if such delay or failure
is caused by an event beyond our reasonable control. c. Our responsibility for loss or
damage suffered by you:
Whether you are a consumer or a business user:
i. We do not exclude or limit in any
way our liability to you where it would be unlawful to do so. This includes
liability for death or personal injury caused by our negligence or the
negligence of our employees, agents or subcontractors and for fraud or
fraudulent misrepresentation.
ii. If we fail to comply with these
Terms and Conditions, we will be responsible for loss or damage you suffer that
is a foreseeable result of our breach of these Terms and Conditions, but we
would not be responsible for any loss or damage that were not foreseeable at
the time you started using the Site/Services.
Notwithstanding anything to the contrary contained in the
Disclaimer/Limitation of Liability section, our liability to you for any cause
whatsoever and regardless of the form of the action, will at all times be
limited to a total aggregate amount equal to the greater of (a) the sum of
£5000 or (b) the amount paid, if any, by you to us for the Services/Site during
the six (6) month period prior to any cause of action arising.
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if
foreseeable, arising under or in connection with:
iii. use of, or inability to use, our
Site/Services; or
iv. use of or reliance on any content
displayed on our Site.
In particular, we will not be liable for:
v. loss of profits, sales, business, or
revenue;
vi. business interruption;
vii. loss of anticipated savings;
viii. loss of business opportunity,
goodwill or reputation; or
ix. any indirect or consequential loss
or damage.
If you are a consumer user:
x. Please note that we only provide our
Site for domestic and private use. You agree not to use our Site for any
commercial or business purposes, and we have no liability to you for any loss
of profit, loss of business, business interruption, or loss of business
opportunity.
xi. If defective digital content that we
have supplied, damages a device or digital content belonging to you and this is
caused by our failure to use reasonable care and skill, we will either repair
the damage or pay you compensation.
xii. you have legal rights in relation to
goods that are faulty or not as described. Advice about your legal rights is
available from your local Citizens’ Advice Bureau or Trading Standards office.
Nothing in these Terms and Conditions will affect these legal rights.
8. Term and Termination
a. These Terms and Conditions shall
remain in full force and effect while you use the Site or Services or are
otherwise a user of the Site, as applicable. You may terminate your use or
participation at any time, for any reason, by following the instructions for
terminating user accounts in your account settings, if available, or by
contacting us at info@swift-legal.co.ukb. Without limiting any other provision
of these Terms and Conditions, we reserve the right to, in our sole discretion
and without notice or liability, deny access to and use of the Site and the
Services (including blocking certain IP addresses), to any person for any
reason including without limitation for breach of any representation, warranty
or covenant contained in these Terms and Conditions or of any applicable law or
regulation.
If we determine, in our sole discretion, that your use of the Site/Services is
in breach of these Terms and Conditions or of any applicable law or regulation,
we may terminate your use or participation in the Site and the Services or
delete any content or information that you posted at any time, without warning,
in our sole discretion. c. If we terminate or suspend your
account for any reason set out in this Section 9, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
9. General
a. Visiting the Site, sending us
emails, and completing online forms constitute electronic communications. You
consent to receive electronic communications and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that
such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and
other records and to electronic delivery of notices, policies and records of
transactions initiated or completed by us or via the Site. You hereby waive any
rights or requirements under any statutes, regulations, rules, ordinances or
other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of
credits by other than electronic means. b. These Terms and Conditions and any
policies or operating rules posted by us on the Site or in respect to the
Services constitute the entire agreement and understanding between you and us. c. Our failure to exercise or enforce
any right or provision of these Terms and Conditions shall not operate as a
waiver of such right or provision. d. We may assign any or all of our
rights and obligations to others at any time. e. We shall not be responsible or
liable for any loss, damage, delay or failure to act caused by any cause beyond
our reasonable control. f. If any provision or part of a
provision of these Terms and Conditions is unlawful, void or unenforceable,
that provision or part of the provision is deemed severable from these Terms
and Conditions and does not affect the validity and enforceability of any
remaining provisions. g. There is no joint venture,
partnership, employment or agency relationship created between you and us as a
result of these Terms and Conditions or use of the Site or Services. h. For consumers only – Please
note that these Terms and Conditions, their subject matter and their formation,
are governed by English law. You and we both agree that the courts of England
and Wales will have exclusive jurisdiction expect that if you are a resident of
Northern Ireland you may also bring proceedings in Northern Ireland, and if you
are resident of Scotland, you may also bring proceedings in Scotland. If you
have any complaint or wish to raise a dispute under these Terms and Conditions
or otherwise in relation to the Site please follow this link: http://ec.europa.eu/odri. For business users only – If you are
a business user, these Terms and Conditions, their subject matter and their
formation (and any non-contractual disputes or claims) are governed by English
Law. We both agree to the exclusive jurisdiction of the courts of England and
Wales j. person who is not a party to these
Terms and Conditions shall have no right under the Contracts (Rights of Third
Parties) Act 1999 to enforce any term of these Terms and Conditions. k. In order to resolve a complaint
regarding the Services or to receive further information regarding use of the
Services,
please contact us by email at info@swift-legal.co.ukor
by post to: Swift Legal Ltd
382 Kingsway,
Manchester,
Greater Manchester,
M19 1PL
United Kingdom
