1.1. VMP Legal Ltd trading as ‘VERIFiSMART Legal’ operates and administers the
website
https://verifismartlegal.com/
(the “Website”).
1.2 ‘VERIFiSMART Legal’ is an intermediary legal-solution service, part of the
VERIFiSMART platform at
https://app.verifismart.com/
(the “Platform”), that provides direct access to independent
specialised lawyers who are part of a regulated external law firm trading as
‘CARBON LAW PARTNERS’ (the “External Law Firm”) and access to self-service
tools in the form of generic legal documents (and altogether, the “Services”).
We are not a law firm and we do not provide legal advice.
1.2. These Terms and Conditions (the "Agreement") provide general terms and
conditions of use for Users of the Website and shall apply to the provision of
Services by ‘VERIFiSMART Legal’ to a Customer.
1.3. Parties to the Agreement are VMP Legal Ltd, whose registered office is at
41 Devonshire Street, Ground Floor, London, United Kingdom, W1G 7AJ
("VERIFiSMART Legal"/”we”/”us”) and the User/Customer (“you”).
1.4. VERIFiSMART Legal and the User/Customer shall be referred to as the
"Parties" collectively and as the "Party" individually.
1.5.
BY ACCESSING AND USING THE WEBSITE AND/OR BY SUBMITTING A CLAIM FORM ON THE PLATFORM,
YOU ARE DECLARING TO BE AT LEAST 18 YEARS OF AGE AND YOU ARE
LEGALLY ABLE TO ENTER INTO A CONTRACT AND
ACCEPTING TO BE BOUND BY THIS AGREEMENT.
1.6. BY ACCESSING AND USING THE WEBSITE AND/OR SUBMITTING A CLAIM FORM ON THE PLATFORM
YOU ACKNOWLEDGE, DELCARE AND ACCEPT THAT VERIFISMART LEGAL IS NOT A
LAW FIRM OR A SOLICITOR, IT WILL NOT PERFORM SERVICES PERFORMED BY A LAWFIRM
OR A SOLICITOR, AND ANY INFORMATION PROVIDED BY IT OR PLACED ON THE WEBSITE IS
NOT A SUBSTITUTE FOR THE ADVICE OR SERVICES OF A LAWFIRM OR A SOLICITOR. RATHER,
YOU UNDERSTAND THAT SUCH SERVICES WILL BE PROVIDED BY CARBON LAW PARTNERS OR ANY
SOLICTOR APPOINTED BY IT TO REPRESENT YOU IN YOUR LEGAL MATTER.
1.7. BY ACCESSING AND USING THE WEBSITE AND/OR BY SUBMITTING A CLAIM FORM ON
THE PLATFORM YOU ACKNOWLEDGE, DELCARE AND ACCEPT THAT NO ATTORNEY-CLIENT
RELATIONSHIP OR
In this Agreement,
2.1. "Claim Form" means the “MAKE A CLAIM” button as clicked by a
Customer in the Platform where the Customer selects the type of legal action
that they would like to take.
2.2. “Content” means the content and information of the Website and
the Platform, including, but not limited to, messages, data, information, text,
music, sound, photos, graphics, video, maps, icons, software, source codes,
design, articles and blog posts, and other material contained on the Website and
the Platform (excluding end-to-end encrypted files stored by the User in the
Platform); as well as the infrastructure used to provide such content and information
on the Website and the Platform.
2.3. "Customer" means any natural or legal person who submits a Claim Form or
purchase a Legal Form to access the Services.
2.4. “Deliverables” means
(i) the submission of your Claim Form to the External Law Firm with a request for the
External Law Firm to contact you directly and/or
(ii) any Legal Form purchased by the Customer on the Platform.
2.5. “Fees” means
(i) in relation to the submission of your Claim Form to the External Law Firm, the
price payable by the Customer to VERIFiSMART as part of a Subscription Plan for the
use of the Platform, and
(ii) in relation to a Legal Form, the price payable by the Customer to VERIFiSMART as
required by the Platform for the Customer to download the Legal Form of their choice.
2.6. “Legal Form” means any downloadable and customizable legal document
available at the Platform to be purchased by the Customer for their own use and
at their own discretion.
2.7. “Subscription Plan” means any plan set out on the pricing page of the
www.verifismart.com and as selected by the Customer in the ‘Subscriptions’ section
of the Platform.
2.8. "User" means any natural or legal person who accesses to the Website
as a visitor or as a registered member of the Platform.
2.9. "User/Customer Information" means
(i) any information provided by a User to us when using the Website and
(ii) any information provided by a Customer to us in relation to the Services.
3.1. VERIFiSMART shall have right and authorization to change or update any
terms and conditions contained in this Agreement and in our
Privacy Policy
(which is an integral part of this Agreement), at any time, whether partially or wholly.
3.2. The User/Customer shall not claim, demand or state that they have not been
notified about the referred changes and updates by VERIFiSMART or that the
referred changes and updates cannot be applicable to the User/Customer if the
User/Customer
(i) has been directly notified by VERIFiSMART of such changes and updates;
(ii) has used the Website or Platform in any manner; or
(iii) submits a Claim Form or purchases a Legal Form after changes and updates
have been made.
3.3. IT IS THE
USER’S/CUSTOMER’S RESPONSIBILITY
TO CHECK THIS AGREEMENT AND
PRIVACY POLICY PERIODICALLY FOR CHANGES/UPDATES AND,
PARTICULARLY, BEFORE SUBMITTING A CLAIM FORM.
4.1. Age Restriction
In order to make use of the Website and the Platform – including submitting a
Claim Form and purchasing a Legal Form, Users must not be under the age of 18
or under the legal age in his/her country. Minors are strictly prohibited to use
the Website or the Platform, the Content, and the Services. If the User
misrepresents his/her age as part of the registration form to access the Platform,
or through any other communication with us, we shall have a right to cancel the
access to the Platform and the provision of the Service without any prejudice or
liability to VERIFiSMART Legal. By accessing/using the Website and the Platform,
as well as the Content or the Services, the User agrees and guarantees that he/she
meets these age restriction requirements.
4.2. User/Customer Information and Privacy
4.2.1. The User shall agree and guarantee to give complete and accurate
information and update the referred information accordingly when the User uses
the Website, the Platform, or Services in any manner.
4.2.2. In the case of a legal entity, the User submitting a Claim Form or
purchasing a Legal Form should be the owner, Director, or authorised
representative of such legal entity. For the purposes of this agreement, the
Customer would then be such legal entity.
4.2.3. When you submit a Claim Form you will receive a confirmation email with
the details submitted by you to us as part of your Claim Form. You will then be
contacted directly by the External Law Firm who may require additional
information or documentation to be sent to them.
We do not and will not have access to the Customer’s dashboard on the
Platform nor to any files recorded or registered as part of the Services.
Such information and files are available and visible only
to the Customer and the Customer has sole responsibility to transfer
such documents to the External Law Firm to act on the legal claim sought by the
Customer as indicated in the Claim Form.
4.2.4.
Any transfer of information and Data to the External Law Firm for the
provision of their own services, as requested in the Claim Form, is subject
to the Privacy Policy terms of the External Law Firm.
You acknowledge and agree that we do
not have any involvement in or liability from the transfer of such information and
Data from you to the External Law Firm or for the processing of such information and
Data by the External Law Firm.
4.2.5. You are solely responsible for maintaining the confidentiality of your
credentials within the Platform and for all activities that occur under your account.
You agree to immediately notify us of any unauthorized use of your account or any
other breach of its security.
4.2.6.
By submitting a Claim Form or purchasing a Legal Form, you are accepting this
Agreement, and you are confirming acceptance to our
Privacy Policy
,
as an integral part of this Agreement.
4.2.7.
By submitting a Claim Form, you understand that the Services are also subject
to the
Main Terms of Services of VERIFiSMART,
and you acknowledge and accept such terms and conditions.
4.2.8. The protection of personal data provided by the User as part of the
User/Customer Information is of the highest priority for us. As such, we make
every effort to ensure compliance with all applicable data protection regulations.
For more information, please read our Privacy Policy which forms an integral part
of this Agreement.
4.2.9. VERIFiSMART collects, processes, and uses your personal data (hereafter “Data”)
only if we have obtained your consent or if a statutory provision allows for the
collection, processing, or use of your Data. As such, we will only collect, process,
and use Data necessary for the provision of the Services rendered by VERIFiSMART and
for the use and operation of the Website.
4.3. Content
4.3.1. The User guarantees not to use programmes or functions to generate
automated page impressions or content on the Website.
4.3.2. The Content is proprietary to us. You agree not to otherwise modify,
copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell or re-sell any information,
software, products, or services obtained from or through our Website or the
Platform.
4.3.3. You also agree not to:
(i) use the Website or its Content for any commercial purpose;
(ii) access, monitor or copy the Website or any Content by using any robot,
spider, scraper or other automated means or any manual process for any purpose
without our express written permission;
(iii) take any action that imposes, or may impose, in our discretion, an
unreasonable or disproportionately large load on our infrastructure;
(iv) deep-link to any portion of the Website or Platform for any purpose
without our express written permission;
(v) "frame", "mirror" or otherwise incorporate any part of the Website into any
other website without our prior written authorization; or
(vi) attempt to modify, translate, adapt, edit, decompile, disassemble, or
reverse engineer any software programs used by VERIFiSMART in connection with
the Website, the Platform, or the Services.
4.3.4. VERIFiSMART shall not be liable for any condition and consequence
arising out of or relating to the loss or unavailability of the Website, the
Platform, the Services and/or any Content as a result of technical reasons.
4.3.5.
There is no legal advice provided on the Website or the Platform.
The Content and any information provided by the Website are for general
information purposes only. Neither the Content nor any information published on
the Website or the Platform relating to the Services constitutes legal advice or
gives rise to a solicitor/client relationship. The Customer’s use of any Legal
Form it’s at their own discretion and responsibility.
Specialist legal advice shall be requested as part of a Claim Form or
otherwise at the User’s discretion in relation to their specific
circumstances.
4.4. Third-party content
4.4.1. In order to protect the Users from improper advertising or solicitation
and to maintain usage integrity on the Website, VERIFiSMART shall have the right
to restrict access to Content or Services for any Users, partially or completely.
4.4.2. There may be third-party links, contents, including advertisements,
on the Website. The User shall decide solely whether to access or use or not
to use contents of third parties via the Website. Terms and conditions of use
of the referred third-party contents shall be determined by their owners.
In this regard, the User acknowledges and accepts that VERIFiSMART do not have
any power to determine these terms and conditions of use and any dispute or
claim in relation to the referred terms and conditions of use shall not be
asserted against VERIFiSMART.
4.4.3. Any advertisements on the Website will be marked as such.
4.4.4. VERIFiSMART shall not be liable for the accuracy, quality, completeness,
reliability, or credibility of Content provided by third parties on the Website.
4.4.5.
VERIFiSMART shall not be liable for the accuracy, quality,
completeness, reliability, or credibility of any content or information
provided by the External Law Firm on their own website.
5.1. General
5.1.1. With effect from the submission of a Claim Form or payment of a Legal
Form, VERIFiSMART shall, in consideration of the Fees paid by the Customer,
provide the Services to the Customer.
5.1.2. The
Services include only the provision of the Deliverables
as defined in this document. We will make the Services available to you as soon as you
submit a Claim Form or submit payment of the Fees related to a Legal Form.
5.1.2. Once the Deliverables (as applicable) have been provided by VERIFiSMART,
the Services shall be deemed fully provided without further obligations or
liability for VERIFiSMART in relation of such Deliverables provided and Services
completed.
5.1.3. We are not responsible for delays outside our control. If access to the
Platform/Services is delayed or unavailable due to an event outside our control,
then we will contact you as soon as possible to let you know and we will take
steps to minimize the effect of the delay.
5.2. Cancellation
5.2.1. CLAIM FORM - Once you submit a Claim Form, we will put you in direct
communication with the External Law Firm. You are not obliged to continue with
any services offered by them. However, if you do agree to secure the provision
the services offered by the External Law Firm, any cancellation shall be
according to the External Law Firm’s own terms of business, any terms contained
on an engagement letter from the External Law Firm signed by you, and any
statutory rights available to you.
5.2.2. LEGAL FORMS – Once payment has been submitted and the Legal Form
subsequently downloaded by the Customer, this Service cannot be cancelled and
there will be no refund of the Customer’s payment for such Service.
6.1. Since the Claim Form part of the Services are part of the main services
offered by the Platform, the Customer must pay the Fees in advance as part of
the payment of the Subscription Plan of their choice. Such payment shall be
subjected to the
Main Terms of Services of VERIFiSMART
.
6.2. Payments to the External Law Firm for services offered by them upon the
receipt of a Claim Form shall be subjected to the External Law Firm’s own terms of
business and any terms on an engagement letter from the External Law Firm signed by
you.
6.3. Payments for the purchase of a Legal Form will be executed online at the
Platform via PayPal or by debit or credit card. Payments will be taken in the currency
and at the rate stated at the Platform at the time of making a payment. VERIFiSMART
Legal will not provide any related Deliverables until we have received notification of
full payment of the Fees in cleared funds.
6.4.
No Fees shall be refunded to the Customer once a Legal Form has been
generated, as requested by a Customer in the Platform, and downloaded by the
Customer.
7.1. All Content, any copyrighted material and any other protected proprietary
information, names and trademarks on the Website, the Platform, or the
Deliverables (“Our Intellectual Property”), as well as any title, rights, and
interests in Our Intellectual Property, are
exclusively owned by VERIFiSMART.
Nothing in this Agreement shall be construed to provide any right or license to
the Users to use Our Intellectual Property for any purpose, without express
prior written content of VERIFiSMART. Except as set forth herein, the User shall
not in any way copy, modify, publish, transmit, retransmit, display, sell,
distribute, or reproduce or use in any manner Our Intellectual Property.
7.2. Any title, rights, and interests on the Deliverables (including right to
use, reproduce, adapt, distribute, transmit and communicate) are hereby
assigned to the Customer without any limitation, subject to their acceptance of
and compliance with the terms and conditions of this Agreement.
8.1. For the sections related to the use of the Website and the Content, and
the Users/Customers Information, this Agreement shall be in full force and
effect from the date in which the User access the Website until the term one
year from the date on which he/she last access the Website.
8.2. For the sections related to the provision of the Services, this Agreement
shall be in full force and effect from the date on which a Claim Form is
submitted, or a Legal Form purchased, until the date on which the corresponding
Deliverables are provided.
9.1. The User shall not assign, transfer, or charge any right or warrant hold
directly or indirectly related to this Agreement, to any third party, without
prior written consent of VERIFiSMART.
9.2. VERIFiSMART may assign, transfer or charge all or part of its rights,
warrants or obligations under this Agreement, at any time, to any third party,
without notice to the User. VERIFiSMART may sub-contract the performance of any
of its obligations under the Services and this Agreement without the prior
written consent of the Customer. VERIFiSMART shall be responsible for every
act or omission of the sub-contractor as if it were an act or omission of
VERIFiSMART itself.
10.1 Except in respect of death or personal injury caused by VERIFiSMART’s
negligence, the we will not by reason of any representation, implied warranty,
condition or other term, or any duty at common law or under the express terms
contained herein, be liable for any loss of profit or any indirect, special or
consequential loss, damage, costs, expenses or other claims (whether caused by
Our Partners, agents or otherwise) in connection with the performance of its
obligations under these terms and conditions or with the use by the
User/Customer of the Website or the Services.
10.2 The User shall indemnify us against all damages, costs, claims and expenses
suffered by us arising from loss or damage to any property (tangible or intangible)
caused by the User/Customer from their use of the Website, the Platform, the Content,
or the Services.
10.3 VERIFiSMART shall not be liable to the Customer or be deemed to be in breach of
this Agreement by reason of any delay in performing, or any failure to perform any of
its obligations under this Agreement, if the delay or failure was due to any cause
beyond our reasonable control.
10.4. Waiver of Warranty
10.4.1. THE WEBSITE, THE CONTENT AND/OR THE SERVICES ARE PROVIDED "AS IS". THE
USER USES THE REFERRED AT HIS/HER OWN RISK AND CONTROL. VERIFiSMART GIVES NO
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
(I) AGAINST ANY KIND OF DEFECT, SEIZURE, THIRD PARTY OWNERSHIP, INTELLECTUAL
PROPERTY OWNERSHIP CLAIMS, AND/OR
(II) CONCERNING THE CONTINUITY, ACCURACY, RELIABILITY, QUALITY,
UNINTERRUPTIBILITY, OF THE WEBSITE, THE CONTENT AND/OR THE SERVICES.
10.4.2. THE PROVISIONS OF CLAUSE 11.4.1. ABOVE SHALL NOT BE INTERPRETED AS THAT
WE HAVE TAKEN OR WILL TAKE DELIBERATE ACTIONS TO CAUSE ANY KIND OF ISSUES AS
REFERRED IN SUCH CLAUSE.
10.5 Limitation of Liability
10.5.1. IN NO EVENT WHETHER IN CONTRACT, TORT, OBJECTIVE LIABILITY OR ANY
OTHER LEGAL LIABILITY REGULATIONS AND PRINCIPLES SHALL VERIFiSMART BE LIABLE
TO THE USER OR ANY THIRD PARTIES RELATED TO THE USER, UNDER ANY CIRCUMSTANCES,
WITHOUT LIMITATION IN TIME, FOR ANY CONSEQUENCE, LOST PROFIT, LOST SAVING OR
INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PERSONAL, PUNITIVE, MULTIPLE OR
CONSEQUENTIAL DAMAGE, LOSS
ARISING OUT OF THE USER’S USE, ABUSE, INABILITY TO USE, OR MISUSE
OF THE WEBSITE, THE CONTENT AND/OR THE SERVICES, EVEN IF
VERIFiSMART IS INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES AND CONSEQUENCES
TO OCCUR.
10.5.2. VERIFISMART STRIVES TO KEEP ITS LEGAL FORMS ACCURATE, CURRENT AND UP TO
DATE. HOWEVER, BECAUSE THE LAW CHANGES RAPIDLY, VERIFISMART CANNOT GUARANTEE
THAT THE LEGAL FORMS WILL BE COMPLETELY CURRENT AT ALL TIMES, NOT THAT IT THEY
WILL BE FIT FOR PURPOSE, SINCE THEIR USE IT AT THE CUSTOMERS SOLE DISCRETION AND
RESPONSIBILITY.
10.5.3.
IN ANY CASE, VERIFiSMART’S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO
THE AMOUNT OF THE FEES PAID BY THE CUSTOMER UNDER THE IMMEDIATELY PRECEDING
SUBSCRIPTION PLAN EFFECTIVELY PAID BY THE CUSTOMER.
11.1 No waiver by VERIFiSMART of any breach of this Agreement by the Customer
shall be considered as a waiver of any subsequent breach of the same or any
other provision. A waiver of any term, provision or condition of this
Agreement shall be effective only if given in writing and signed by the waiving
Party and then only in the instance and for the purpose for which the waiver is
given.
11.2 No failure or delay on the part of any Party in exercising any right, power
or privilege under these Terms and Conditions shall operate as a waiver of, nor
shall any single or partial exercise of any such right, power or privilege
preclude any other or further exercise of any other right, power or privilege.
If any provision contained in this Agreement is found to be illegal or
unenforceable for any reason, that provision shall be replaced by a valid one
to the maximum extent permissible so as to affect the intent of the Parties
and the remainder of this Agreement shall remain in full force and effect.
However, if it is determined that the clause found to be illegal or
unenforceable could not be reformulated, it is agreed that the clause in
question is separable from the remaining provisions of the Agreement and that
determination shall not affect the validity and enforceability of these
remaining provisions.
13.1 All notices under these Terms and Conditions shall be in writing and be
deemed duly given if signed by, or on behalf of, a duly authorized officer of
the Party giving the notice.
13.2 Notices shall be deemed to have been duly given:
(i) when received, if delivered by post, courier or other messenger
(including registered mail) during normal business hours of the recipient; or
(ii) when sent, if transmitted by e-mail.
13.3 Service of any document for the purposes of any legal proceedings
concerning or arising out of this Agreement shall be effected by either Party
by causing such document to be delivered to the other Party at its registered
or principal office, or to such other address as may be notified to one Party
by the other Party in writing from time to time.
14.1 These Agreement (including any non-contractual matters and obligations
arising therefrom or associated therewith) shall be governed by, and construed
in accordance with, the laws of England and Wales.
14.2 Any dispute, controversy, proceedings or claim between the Parties
relating to this Agreement (including any non-contractual matters and
obligations arising therefrom or associated therewith) shall fall within the
exclusive jurisdiction of the courts of England and Wales.
