1.1. LF Links Limited ("Litigation Funding Links”) has developed marketplace platform for litigation funding solutions and after the event insurance applications which it provides for use to end-users (the “Customers”) through www.fundinglinks.net (the “Litigation Marketplace”).
1.2. The Customer wishes to access the Litigation Marketplace to make or receive proposals for litigation funding solutions or after the event insurance (as applicable) (the “Services”).
1.3. Litigation Funding Links wishes to provide and the Customer wishes to receive the Services on and subject to the provisions of this Agreement.
2.1. This Agreement is a legally binding document between: LF Links Limited (trading as Litigation Funding Links), a company incorporated and registered in England and Wales with company number 14052211 (“Litigation Funding Links”) and any user of our website and/or Litigation Marketplace (the “Customer”) including any entity named as the “Fee Paying Customer” in the Litigation Marketplace access request.
2.2. This Agreement is comprised of the following: (i) these terms and conditions of use; (ii) the fully signed Litigation Marketplace access request by the Fee Paying Customers (as defined in the pricing policy) only; (iii) the pricing policy which describes the fees payable by the Fee Paying Customers (the “Pricing Policy”); (iv) Acceptable Use Policy; and (v) other policies published on our website and/or Litigation Marketplace www.fundinglinks.net.
2.3. The parties agree that all the policies (including the Pricing Policy) are fully incorporated into this Agreement as if they were set out in full here and each party shall abide by the obligations set out in those policies which can be found in the case of privacy policy, acceptable use policy, Litigation Marketplace access request https://fundinglinks.net/privacy-and-cookies-policy.html and in the case of Pricing Policy to be provided to the Fee Paying Customers separately.
2.4. This Agreement is effective and binding on the parties, from the date set out in the Litigation Marketplace access request (the “Effective Date”) and shall continue in full force and effect unless and until terminated in accordance with its terms.
3.1. This Agreement shall govern your use of our website and the Litigation Marketplace.
3.2. By using our website and the Litigation Marketplace, you accept the terms and conditions of this Agreement in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website and the Litigation Marketplace.
3.3. If you register with our Litigation Marketplace, submit any material to our Litigation Marketplace or use any of our website and/or the Litigation Marketplace Services, we will ask you to expressly agree to the terms and conditions of this Agreement.
4.1. Copyright (c) 2022 Funding Links.
4.2. Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other Intellectual Property Rights in our website and the Litigation Marketplace and the material on our website (excluding the “Claim Information”); (“Intellectual Property Rights” in this Agreement means: patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, publication rights, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for any of the foregoing, rights in trade names, business names, brand names, domain names, get-up, logo and URLs and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world);
(b) all the copyright and other Intellectual Property Rights in our website and the material on our website and the Litigation Marketplace are owned by us (excluding the “Claim Information”) including resources, adaptations, updates, ad-ons, modifications made available to Customers for the purposes of getting Services or any other ancillary purposes; and
(c) you own all Intellectual Property Rights in the Claim Information only. You do not have any right in Intellectual Property Rights set out in Section 4.2 (a) and 4.2 (b).
5.1. Subject to the Customer’s continuing compliance with this Agreement, Litigation Funding Links hereby grants to the Customer a non-exclusive and non-transferable or assignable right to access, and to permit its representatives (each a “Permitted Customer”) to access, the Litigation Marketplace subject to the restrictions described in this Agreement.
5.2. You, the Customer, grant Litigation Funding Links the right to use the Claim Information solely for the purpose of providing our Services in accordance with the terms of this Agreement.
5.3. You may: (a) view pages from our website and the Litigation Marketplace in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website and the Litigation Marketplace;
(d) complete and submit application form to funders and after the event insurance providers;
(e) download and/or convert any form in relation to an application for litigation funding and/or after the event insurance;
(f) communicate with to funders and after the even insurance providers subject to the other provisions of the terms and conditions of this Agreement.
5.4. Except as expressly permitted by Section 5.3 (b) or the other provisions of these terms and conditions, you must not download any material from our website and/or the Litigation Marketplace or save any such material to your computer.
5.5. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website and the Litigation Marketplace.
5.6. Unless you own or control the relevant rights in the material, you must not: (a) republish material from our website and/or the Litigation Marketplace (including republication on another website);
(b) sell, rent or sub-license material from our website and/or the Litigation Marketplace;
(c) show any material from our website and/or the Litigation Marketplace in public;
(d) exploit material from our website and/or the Litigation Marketplace for a commercial purpose other than as permitted by this Agreement; or
(e) redistribute material from our website and/or the Litigation Marketplace.
5.7. Notwithstanding Section 5.6, you may redistribute our newsletter in print and electronic form to any person.
5.8. We reserve the right to suspend or restrict access to our website and/or the Litigation Marketplace, and/or to functionality upon our website and/or the Litigation Marketplace. We may, for example, suspend access to the website and/or the Litigation Marketplace during server maintenance or when we update the website and/or the Litigation Marketplace. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
6.1 You must not: (a) use our website and/or the Litigation Marketplace in any way or take any action that causes, or may cause, damage to the website and/or the Litigation Marketplace or impairment of the performance, availability, accessibility, integrity or security of the website and/or the Litigation Marketplace;
(b) use our website and/or the Litigation Marketplace in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website and/or the Litigation Marketplace;
(d) probe, scan or test the vulnerability of our website and/or the Litigation Marketplace without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website and/or the Litigation Marketplace;
(f) use our website and/or the Litigation Marketplace to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) decrypt or decipher any communications sent by or to our website and/or the Litigation Marketplace without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website and/or the Litigation Marketplace without our express written consent;
(j) use our website and/or the Litigation Marketplace except by means of our public interfaces; (l) violate the directives set out in the robots.txt file for our website and/or the Litigation Marketplace;
(m) use data collected from our website and/or the Litigation Marketplace for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing; or
(n) do anything that interferes with the normal use of our website and/or the Litigation Marketplace.
6.2 You must use data collected from our website and/or the Litigation Marketplace to contact individuals, companies or other persons or entities as permitted by the terms and conditions of this Agreement.
6.3 You must ensure that all the information you supply to us through our website, or in relation to our website and/or the Litigation Marketplace, is true, accurate, current, complete and non-misleading.
6.4 You must ensure that you obtain and maintain all consents, authorisations and licenses that are required to furnish all information entered by the Permitted Customers into our Litigation Marketplace including, but not limited to, any statements of case, legal opinions, claim budgets, information pertinent to legal advisors and other information or documents used in conjunction with the Qualifying Case (as defined in the Acceptable Use Policy) (the “Claim Information”).
7.1 You may register for an account with our Litigation Marketplace by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
7.2 You must not allow any other person to use your account to access the website.
7.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
7.4 You must not use any other person's account to access the website, unless you have that person's express permission to do so.
8.1 If you register for an account with our Litigation Marketplace, you will be asked to choose a user ID and password.
8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 11; you must not use your account or user ID for or in connection with the impersonation of any person.
8.3 You must keep your password confidential.
8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
9.1 We may: (a) suspend your account; and/or
(b) cancel your account;
you fail to pay an amount due under this Agreement on the due date for payment and remain in default not less than 14 days after being notified in writing to make such payment; at any time in our sole discretion with or without notice to you if you commit material breach of any term of this Agreement if your breach: (i) is irremediable; (ii) is remediable but is not remedied within twenty (20) calendar days from written notice requiring remedy of the material breach; or you suspend, or threaten to suspend, payment of your debts or are unable to pay your debts as they fall due or admit inability to pay your debts or are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 (“IA 1986”); or you take or have taken any step or action towards entering bankruptcy, administration, provisional liquidation or any composition or arrangement with your creditors, applying to court for or obtaining a moratorium under Part A1 of the IA 1986, being wound up (whether voluntarily or by order of the court), being struck off the register of companies, having a receiver appointed to any of your assets, or entering a procedure in any jurisdiction with a similar effect to a procedure listed in this Section; or you suspend or cease, or threaten to suspend or cease, carrying on business.
9.2 We may cancel or suspend your account for any reason at any time provided that such cancellation or suspension shall not apply to requests, in relation to funding or after the event insurance, made/received prior to such cancellation or suspension.
9.3 We will usually cancel an account if it remains unused for a continuous period of twenty-four (24) months.
9.4 Cancellation or suspension of your account shall be without prejudice to any rights and obligations which would have accrued up to the date of such cancellation or suspension.
9.5 Subject to the Pricing Policy (and in particular to our right to receive our fees due under it), you may terminate this Agreement at any time and for any reason by giving us thirty (30) days’ written notice.
9.6 You acknowledge and agree that we might cancel and/or suspend other Customer’s account and/or access rights to our Litigation Marketplace which action shall not amount or be construed as our breach of this Agreement.
10.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website and/or Litigation Marketplace.
10.2 You may edit your content to the extent permitted using the editing functionality made available on our website and/or Litigation Marketplace.
10.3 Without prejudice to our other rights under these terms and conditions, if you breach any provision of the terms and conditions of this Agreement in any way, or if we reasonably suspect that you have breached the terms and conditions in any way, we may delete, unpublish or edit any or all of your content including the Claim Information.
10.4 We will securely backup the Claim Information held in our and external systems once in every twenty-four (24) hours.
10.5 If there is any loss or damage to the Claim Information, your only remedy against Litigation Funding Links shall be for Litigation Funding Links to restore (using its reasonable efforts) the lost or damaged Claim Information using the latest available back up of the Claim Information kept by Litigation Funding Links as set out in Section 10.4.
11.1 You warrant and represent that your content will comply with these terms and conditions.
11.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
11.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court or in breach of any court order;
(h) be in breach of official secrets legislation;
(i) be in breach of any contractual obligation owed to any person;
(j) depict violence in an explicit, graphic or gratuitous manner;
(k) be untrue, false, inaccurate or misleading;
(l) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(m) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(n) cause annoyance, inconvenience or needless anxiety to any person.
12.1 You shall provide regular updates to us on the progress of Business Opportunities (as defined in the Pricing Policy) at the following junctions (and, not later than, within 2 business days of each of the events described below taking place): a) on agreeing funding terms and signing the funding agreement;
b) deploying funds;
c) resolution of the case; and
d) receipt of funds by the Fee Paying Customer (whether through settlement or a court order).
12.2 Each Fee Paying Customer shall grant permission to the relevant law firm (via its employees) to provide us with regular updates as set out in Section 12.1 above.
13.1 If the Customer is required to pay a fee in relation to using the Services, the relevant amount of fee shall be determined in accordance with the fees set out in the Pricing Policy (the “Fees”).
14.1 The Customers shall indemnify Litigation Funding Links, its officers and employees against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Litigation Funding Links arising out of or in connection with any claim made against Litigation Funding Links for: (i) actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Claim Information and/or (ii) any actual or alleged breach(es) by the Customer’s of any security protocols or security and/or data policy.
15.1 We do not warrant or represent: (a) the completeness or accuracy of the information published on our website and/or Litigation Marketplace;
(b) that the material on the website and/or Litigation Marketplace is up to date and error-free;
(c) that the website and/or Litigation Marketplace will operate without fault, delays, failures or any loss or damage arising out of any data transfer by any means; or
(d) that the website and/or Litigation Marketplace or any service on the website will remain available or fully functional.
15.2 We reserve the right to discontinue or alter any or all of our website and/or Litigation Marketplace Services, and to stop publishing our website and/or Litigation Marketplace, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website and/or Litigation Marketplace Services, or if we stop publishing the website and/or Litigation Marketplace.
15.3 To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to speed, functionality, performance, content, reliability and/or accuracy of the Service, our website and/or Litigation Marketplace and the use of our website and/or Litigation Marketplace.
16.1 Each party undertakes that it shall not at any time and for a period of two years after termination or expiry of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by Section 16.2 below.
16.2 Each party may disclose the other party's confidential information: (a) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this Agreement including receiving of the Services. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this Section 16.2; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
16.3 No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.
17.1 Nothing in these terms and conditions will: (a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
17.2 The limitations and exclusions of liability set out in this Section 17 and elsewhere in these terms and conditions: (a) are subject to Section 17.1; and (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
17.3 To the extent that our website and/or Litigation Marketplace and the information and Services on our website and/or Litigation Marketplace are provided free of charge, we will not be liable for any loss or damage of any nature.
17.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
17.5 Neither party shall be liable to the other party in respect of any business losses, including (without limitation) loss of or damage to profits (except for the fees due to us), income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill, loss or corruption of any data, database or software, any special, indirect or consequential loss or damage whether arising directly or indirectly under or in relation to this Agreement and whether or not reasonably foreseeable by either party at the Effective Date.
17.6 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website and/or Litigation Marketplace or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
17.7 Subject to Section 17.1 to Section 17.6 above, each party’s total aggregate liability towards the other party for any losses arising out of on in relation to this Agreement, in any successive twelve (12) month period, shall in no event exceed the lesser of: (i) total fees paid by the Customer in the relevant twelve months (where applicable) or (ii) £20,000.
18.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website and/or Litigation Marketplace;
(c) permanently prohibit you from accessing our website and/or Litigation Marketplace;
(d) block computers using your IP address from accessing our website and/or Litigation Marketplace;
(e) contact any or all of your internet service providers and request that they block your access to our website and/or Litigation Marketplace;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website and/or Litigation Marketplace.
18.2 Where we suspend or prohibit or block your access to our website and/or Litigation Marketplace or a part of our website and/or Litigation Marketplace, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
19.1 Any notice given to a party under or in connection with this Agreement shall be in writing and shall be:
a) delivered by hand or by pre-paid first-class post or other next working day delivery service at the company’s registered office where both the sender and the recipient are based in the United Kingdom;
b) sent by email (notices sent by email to us shall be sent to info@fundinglinks.net) except for the service of legal proceedings; or
c) international courier (UPS, DHL or equivalent service) where any sender or the recipient is based outside of the United Kingdom.
19.2 Any notice shall be deemed to have been received:
a) if delivered by hand, at the time the notice is left at the proper address; or
b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second business day after posting;
c) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume; or
d) three (3) days from the day the sender has passed the document containing notice to the international courier.
20.1 We may revise these terms and conditions from time to time.
20.2 The revised terms and conditions shall apply to the use of our website and/or Litigation Marketplace from the date of publication of the revised terms and conditions on the website and/or Litigation Marketplace, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
21.1 Each party acknowledges and agrees that the other party shall have the right to make any public announcement identifying the other party as a Customer or Services provider (as applicable) without the need of obtaining any further consent from the other party.
22.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
22.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
23.1 The rights and obligations under this Agreement which expressly or due to their nature survive termination shall remain in full force and effect.
24.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
24.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
25.1 We may subcontract the performance of any of our obligations to any third party and we shall remain responsible for all acts and omissions of that third party that may result in any breach of this Agreement.
26.1 An agreement under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
26.2 The exercise of the parties' rights under an agreement under these terms and conditions is not subject to the consent of any third party.
27.1 No failure or delay by a party to exercise any right or remedy provided under this Agreement shall constitute a waiver of that right or remedy, nor shall that restrict or frustrate the further exercise of that right or remedy.
28.1 This Agreement and any documents referred to in it shall constitute the entire agreement between you and us in relation to your use of our website and/or Litigation Marketplace and shall supersede all previous agreements between you and us in relation to your use of our website and/or Litigation Marketplace.
29.1 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
29.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
30.1 This Agreement and any dispute of claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
30.2 Each party irrevocably agrees that the courts of England and Wales shall have the exclusive jurisdiction to settle any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims).
31.1 Words imparting the singular number shall include the plural and vice versa.
31.2 Unless the context otherwise requires, words and expressions defined in this document shall have the same meaning when used in other policies/documents and vice versa.