PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE EXPERT WITNESS SITE
Who we are and how to contact us
These terms and conditions govern your access to and use of the website(s) www.expertwitnesssite.com and www.expertwitnesssite.ie operated by The Expert Witness Site Limited (“we”, “us”, “The Expert Witness”) and the provision of all services offered by us (the “Services”).
The Expert Witness Site is registered as a company under registration number 755668 having its registered office at Tomsallagh, Ferns, County Wexford. Y21 DP71.
To contact us, please email info@expertwitnesssite.com
By using our site you accept these terms
By using our website and/or availing of our Services, you confirm that you accept these terms and conditions and that you agree to comply with them.
If you do not agree to these terms, you must not use our website and/or our Services.
Disclaimer
You acknowledge that the limit of our Services is to provide you with names and details of individuals who have indicated to us that they may be in a position to provide expert witness services to you, your client or a third party for the purposes of legal proceedings or other alternative dispute resolution purposes (“Experts”).
Any contract for the provision of services by the Expert to you, your client or any other third party is between the Expert, you and/or your client and/or any other third party, as applicable, and we will not be a party to that contract. We do not play a part, and shall have no responsibility for, any contract or arrangements between you, your client and/or any third party and an Expert.
We make no representation or warranty, whether express or implied, in relation to any Expert whose details we provide to you or who you learn about howsoever through our Services. The provision of names, contact details and other information to you in relation to an Expert, whether in response to a request from you or in any other context, is not on the basis of any approval or vetting provided by us or any independent body, nor does it indicate that we have endorsed that individual or entity in any capacity. The provision of names, contact details and other information to you in relation to an Expert categorised as “recommended” is either recommended based on the Expert’s biography alone and/or recommended based on the views of other legal practitioners. The recommendation cannot be seen as a recommendation by us or a representation, warranty or guarantee by us as to the competency and suitability of the Expert. It is your responsibility to ensure, and independently satisfy yourself, that an Expert you select by using our Services is appropriately qualified and suitable for the purpose for which you intend to use such an Expert and for any other purpose. We shall not be responsible in any way for the services provided to you, your client and/or any other third party by the Expert. You should make such further enquiries as you think appropriate relating to such an Expert. We shall not be responsible for any information that is provided to us by the Expert and which is then passed on by us to you, your client and/or any other third party. You should independently verify the Expert’s qualifications and experience. We shall have no responsibility for any fees quoted to you, your client and/or any other third party in respect of the provision of services by the Expert and we shall have no responsibility for any arrangements regarding the provision of services by the Expert to you, your client and/or any other third party. In the event that the Expert withdraws from any arrangement for the provision of services, following the receipt of further information by you, your client and/or any other third party, we shall have no responsibility for any loss or inconvenience resulting from the Expert’s withdrawal.
You will incur a separate fee for using the Expert’s services, which is separate to any fee incurred when using our Services.
Any opinions, advice, statements, or other information provided by the Expert are those of the respective Expert and are not ours or our shareholders, directors, officers, or employees.
We make no representations, warranties or guarantees, whether express or implied, that the details of any Expert we provide to you is accurate or up to date.
Subscription Services
You must register, set up an account and pay a subscription to gain access to our Subscription Services, which are provided via our website (the “Subscription Services”). You may only subscribe for the Subscription Services if you are 18 years of age or over and capable of entering into a legal contract.
The fee for the subscription services (the “Subscription Fee”) is determined by us and can be subject to change at any time at our sole discretion. Subscription is personal to the user and may not be transferred or assigned.
By subscribing for the Subscription Services, you agree to pay all Subscription Fees, including applicable taxes. In order to set up an account, you must provide valid credit card/debit card information and by providing such information, you authorise us to bill all fees, charges and applicable taxes through that account as and when they become due. The following payment methods are accepted: Apple Pay & Stripe. Any queries regarding billing must be raised within 30 days.
The subscription will be an annual subscription (“Annual Subscription”) which will continue year to year. We will bill your payment method unless and until you cancel your subscription, or it is terminated by us. Where you cancel your subscription prior to the expiry of the year, you will not be entitled to a refund for any period of the year which was not availed of.
To cancel your Annual Subscription, you need to telephone +353 83 3321320 or send an email to info@expertwitnesssite.com at least ten business days in advance of your annual billing date, which is the annual anniversary of your initial subscription. You will continue to have access to the Subscription Services for any unused portion of the year, calculated as the annual anniversary of the date of your initial subscription, in which you cancel.
You will be billed in Euro. If we do not receive payment from the credit card/debit card issuer via Stripe or Apple Pay, you agree to pay all amounts due upon demand. If we do not receive prompt payment for all fees, charges, and applicable taxes, you will be in default, and we reserve the right to suspend your account and access to the Subscription Services without notice.
We reserve the right to increase the Subscription Fees at any time at our absolute discretion. Should we change the Subscription Fees you will be notified by email and the increased Subscription Fees will apply to the next annual billing period as applicable, unless or until you terminate your subscription.
Subject to any right of withdrawal under applicable law, fees, charges, and applicable taxes are non-refundable.
Single Use Services
You must register, set up an account and pay a fee to gain access to our Single Use Services, which are provided via our website (the “Single Use Services”). You may only avail of our Single Use Services if you are 18 years of age or over and capable of entering into a legal contract.
The fee for the Single Use Services (the “Single Use Fee”) is determined by us and can be subject to change at any time at our sole discretion. Access to the Single Use Service is personal to the user and may not be transferred or assigned.
By availing of our Single Use Service, you agree to pay the prescribed fee, including applicable taxes. In order to avail of the Single Use Services, you must provide valid credit card/debit card information and by providing such information, you authorise us to bill all fees, charges and applicable taxes through that account as and when they become due. The following payment methods are accepted: Apple Pay & Stripe. Any queries regarding billing must be raised within 30 days.
You will be billed in Euro. If we do not receive payment from the credit card/debit card issuer via Stripe or Apple Pay, you agree to pay all amounts due upon demand. If we do not receive prompt payment for all fees, charges, and applicable taxes, you will be in default, and we reserve the right to suspend your account and access to any of our services without notice.
We reserve the right to increase the Single Use Fee at any time at our absolute discretion.
Subject to any right of withdrawal under applicable law, fees, charges, and applicable taxes are non-refundable.
Our responsibility for loss or damage suffered by you
To the extent permitted by law, we provide access to our website and/or our Services without any warranties or guarantees. Our Services are provided on an “as is” basis and any terms, conditions, representations, warranties or guarantees implied by law, including but not limited to any terms, conditions, representations, warranties or guarantees implied by the Sale of Goods and Supply of Services Act 1980, are to the fullest extent permitted by law excluded. In particular, we do not warrant that the website or any of its contents are virus free. You must take your own precautions in this respect, as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties. Although we do our best to provide constant, uninterrupted access to the website, we do not guarantee this. We accept no responsibility or liability for any interruption or delay. The website provides content from other sources and while we try to ensure that material included on the website is correct, we cannot accept responsibility if this is not the case and, as stated above, we disclaim all liability in respect of the Expert. This disclaimer does not affect your statutory rights against the Expert.
Limitation of Liability
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.
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:
- use of, or inability to use, our website; or
- use of or reliance on any Expert.
We will not be liable for:
- loss of profits or revenue, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data;
- the outcome of any legal proceedings involving the Expert;
- the competency of any Expert including whether the Expert is appropriate for a particular case;
- loss of business opportunity, goodwill or reputation; or
- any other indirect, special or punitive damages whatsoever that arise out of or are related to use of our Services or use of our website.
By accepting the terms of this Agreement, you agree to fully indemnify The Expert Witness Site Ltd for any losses arising out of your use of the website and/or our Services or if you violate this Agreement.
With the exception of any liability for which it is illegal to limit our liability, our aggregate liability to you arising in connection with your use of our site and/or the Services will be limited to the Subscription Fees paid by you in the 12 months preceding the event giving rise to the claim.
We may make changes to these terms
We may amend these terms from time to time. Every time you wish to use our website and/or avail of our Services, please check these terms to ensure you understand the terms that apply at that time.
We may suspend or withdraw our site
We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at info@expertwitnesssite.com.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights associated with The Expert Witness Site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
We are not responsible for websites we link to
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
How to complain about or report content
If you wish to complain about any other content, please contact us on info@expertwitnesssite.com.
How we may use your personal information
We will only use your personal information as set out in our privacy policy.
Entire agreement
This agreement constitutes the entire agreement and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to its subject matter.
Which country’s laws apply to any disputes?
Each party irrevocably agrees that the courts of Ireland shall have jurisdiction to settle any dispute or claim howsoever arising out of or in connection with these terms and conditions, their subject matter and their formation (including non-contractual disputes or claims).These terms and conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Irish law
We recommend that you print a copy of these terms for future reference.
