Terms and Conditions - Solicitor

Terms and Conditions for The Expert Witness Gateway (for Legal Professionals)

These Terms and Conditions ("Terms") govern your access to and use of The Expert Witness Gateway, an online software-as-a-service portal that connects legal professionals with expert witnesses and facilitates case management (the “Platform”). The Platform is owned and operated by The Expert Witness Engagement Gateway Limited (the "Company"), a company registered in England and Wales (Company No. 16194470) with its registered office at Barnacre, Barnacre Lane, Wirral, United Kingdom, CH46 5NJ.

By registering an account or using the Platform, you agree to comply with these Terms. If you do not agree with any part of these Terms, you must not use the Platform. These Terms form a binding legal agreement between you and the Company.

1. Definitions

  • 1.1 Case: A legal matter, dispute, project, or proceeding for which a Legal Professional seeks the assistance of an Expert via the Platform.
  • 1.2 Confidential Information: Any confidential information disclosed by one party to another in the context of using the Platform or an Engagement. This includes but is not limited to information relating to a Case, client data, evidence, Expert Reports, communications, business plans, or any materials marked or reasonably understood to be confidential. Confidential Information does not include information that is already public (through no breach of these Terms), was independently developed or obtained by the receiving party without use of the disclosing party’s Confidential Information or is required to be disclosed by law (in which case special conditions apply as described in these Terms).
  • 1.3 Data Protection Laws: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
  • 1.4 Engagement: A formal arrangement established through the Platform in which a Legal Professional hires or consults an Expert through the Company to provide services (such as analysis, reporting, or testimony) for a specific Case.
  • 1.5 Expert: An individual or entity with specialised expertise who offers services as an expert witness through the Platform. This includes experts in various fields who can be engaged through the Company to provide opinions, reports, or testimony in legal proceedings.
  • 1.6 Expert Report: Any report, opinion letter, analysis, or other document prepared by an Expert as part of an Engagement, typically containing the Expert’s findings or expert opinion intended for use in a Case (for example, evidence or testimony in court).
  • 1.7 Fees: All charges associated with the Platform and the services delivered through it. In relation to a Legal Professional, they comprise: Expert Witness Gateway Invoice – sums payable by the Legal Professional to the Company in respect of the Expert’s fees together with any additional fees agreed for use of the Platform and for the facilitation of transactions (including any commission, subscription or similar charges).
  • 1.8 Intellectual Property Rights: All forms of intellectual property rights anywhere in the world, whether registered or unregistered, including copyrights, database rights, trade secrets, know-how, patents, patent applications, trademarks, service marks, trade names, design rights, and any similar rights.
  • 1.9 Legal Professional: An individual or entity in the legal field (such as a solicitor, barrister, attorney, law firm, or in-house legal department) who uses the Platform to find, engage via the Company, and manage interactions with Experts for Cases.
  • 1.10 Services: All services and functionality provided via the Platform by the Company, including but not limited to user account access, profiles and listings of Experts, search and booking tools, messaging and document upload features, calendar and deadline management tools, and payment facilitation services.
  • 1.11 User: Any registered user of the Platform, including both Legal Professionals and Experts (and any other persons authorised to use the Platform, such as an administrator or assistant acting on behalf of a Legal Professional or Expert).
  • 1.12 User Content: Any information, data, text, documents, files, images, or other materials that a User uploads, transmits, or shares on the Platform. This includes communications between Users, Case details, evidence files, Expert Reports, profiles, and any other content contributed by Users.

2. Platform Access and Use

  • 2.1 The Platform is provided to Users as a tool to facilitate secure and efficient collaboration between Legal Professionals and Experts. Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for lawful professional purposes related to engaging expert witnesses for Cases.
  • 2.2 Account Registration: To use the Platform, you must create an account and provide accurate, current, and complete information during the signup process (including your name, contact information, and professional details). You agree to keep your account information updated. Each User must have a separate account (accounts are not permitted to be shared among multiple people), though a single organisation may have multiple authorised individual accounts. You are responsible for maintaining the confidentiality of your login credentials and all activities that occur under your account. If you become aware of any unauthorised access to or use of your account, you must promptly notify the Company.
  • 2.3 Account Eligibility: The Platform is intended for use by professionals. By registering, you represent that you (if an individual) are at least 18 years old and are legally capable of entering into binding contracts. If you register on behalf of a company or firm, you represent that you have the authority to bind that entity to these Terms. The Company may, at its discretion, refuse to open an account or limit access to the Platform for any individual or entity that does not meet eligibility criteria or has a history of violating these Terms.
  • 2.4 Authorised Use of Platform: You may use the Platform only for its intended purposes. Permitted uses of the Platform include: finding and booking Experts for legitimate Cases, communicating between Legal Professionals and Experts regarding case details and arrangements, uploading and downloading documents relevant to a Case, scheduling meetings or court attendances, tracking deadlines, and processing payments for services. You agree not to use the Platform for any purpose that is unlawful, unrelated to professional legal matters, or prohibited by these Terms.
  • 2.5 Acceptable Use and Conduct: When using the Platform, you must behave in a professional and lawful manner. Without limiting the generality of the foregoing, you agree that you will NOT:
    • (a) Unlawful or Unethical Content: Post or transmit any User Content that is illegal, defamatory, libelous, discriminatory, harassing, threatening, harmful, pornographic, or otherwise objectionable or which violates any applicable law or regulation. This includes refraining from hate speech or any content that could violate professional conduct rules.
    • (b) Intellectual Property Infringement: Upload or share any content that infringes the Intellectual Property Rights or other rights of any person or entity. You must have the necessary rights or permissions to use all materials (e.g., you will not upload documents you do not have permission to share, or Expert Reports that were produced outside the Platform without permission of the owner).
    • (c) Malicious Activity: Introduce viruses, trojans, malware, or any other harmful code into the Platform, or engage in any activities that disrupt or interfere with the Platform’s operation (such as a denial-of-service attack or attempting to hack into the Platform’s systems or other users’ accounts).
    • (d) Circumvent Security: Attempt to bypass or undermine any security or authentication measures of the Platform. This includes not attempting to gain unauthorised access to any portion of the Platform or its underlying systems or networks.
    • (e) Misrepresentation: Misrepresent your identity, qualifications, or affiliations on the Platform. For example, Experts must not claim credentials they do not possess, and Legal Professionals must not impersonate another lawyer or falsely claim to represent a certain firm or client.
    • (f) Data Mining or Automated Use: Use any automated means (such as bots, scrapers, or scripts) to access the Platform, collect information from it, or perform any actions on the Platform, unless explicitly allowed by the Company. The Platform is meant for interactive use by human users in real time.
    • (g) Overburdening: Use the Platform in a manner that could damage, disable, or impair the Services (e.g., uploading extremely large files not related to case work, or repeatedly triggering operations in a manner that burdens infrastructure).
  • 2.6 All Engagements Through the Platform: Users agree that any engagement between a Legal Professional and an Expert that is initiated through the Platform will be managed and conducted via the Platform. In particular, all significant communications, document exchanges, scheduling, and payments for such engagements should be handled through the Platform. You must not circumvent the Platform by soliciting or accepting business outside of the Platform from another User you met on the Platform, for the purpose of avoiding fees or otherwise. In other words, if a Legal Professional discovers an Expert through the Platform, the Legal Professional should not hire that Expert for a side arrangement off the Platform for that Case or related work, and vice versa. The Company may monitor compliance with this obligation and reserves the right to take action (including suspension or termination of accounts) if circumvention is suspected.
  • 2.7 Platform Updates and Changes: The Company may update, enhance, or modify the Platform at any time. This may include adding or removing features, fixing bugs, improving security, or updating the User interface. The Company will endeavour to provide notification of major changes (for example, by posting an announcement on the Platform or emailing Users), but minor changes may be deployed without prior notice. All such updates or changes are subject to these Terms. The Company also reserves the right to impose certain limitations on features or restrict access to parts of the Platform without notice, if needed to protect the system or to comply with legal requirements.
  • 2.8 Service Availability: The Company aims to keep the Platform available and functional 24/7, but makes no guarantee of uninterrupted availability. Scheduled maintenance or upgrades may require temporary downtime. The Company will try to schedule maintenance during off-peak hours and, when feasible, will post advance notice on the Platform of significant planned downtime. However, emergency maintenance or factors outside the Company’s control (like hosting provider outages or internet disruptions) may result in unplanned downtime. The Company shall not be liable to you for any loss or inconvenience caused by any temporary unavailability of the Platform.
  • 2.9 No Reliance on Future Availability: The Company may modify or discontinue certain features. Users should not rely on the Platform to perform critical functions without having backups or alternatives. For example, always keep personal copies of important evidence or reports that you upload; do not rely on the Platform as the sole repository of essential data. The Company will not be liable for any inconvenience or loss due to a feature being changed or removed but will ensure basic ability to retrieve your data or give notice where possible.
  • 2.10 Monitoring and Enforcement: The Company does not generally monitor the content of communications or documents exchanged on the Platform, as these are considered private to the Users involved in an Engagement. However, theCompany reserves the right to access, review, or remove any User Content if there is reason to believe it violates these Terms or the law (for instance, in response to a complaint or a copyright notice). The Company may also suspend or terminate accounts involved in misconduct. The Company may disclose content or information about Users to third parties if required by law (such as responding to a court order) or as otherwise permitted by our Privacy Policy (for example, reporting a crime or serious misuse).
  • 2.11 Acting as Employment Business: For the purposes of the Conduct Regulations 2003 (as amended) (“Conduct Regs”) the Company shall operate as an employment business in relation to both Experts and Legal Professionals.
  • 2.12 Experts are Independent Contractors: Experts are engaged by the Company under a contract for services and are not employees or workers of the Company. Experts will be under the Legal Professional’s direction, supervision and control during an Engagement.
  • 2.13 Conduct Regs Obligations: The Company:
    • (a) agrees to be responsible for paying the Expert.
    • (b) endeavours to take such steps as are reasonably practicable to ensure that the Expert is willing to work on an Engagement, has the required experience, training, qualifications and any authorisation required by a law or a professional body to work on an Engagement and that the Legal Professional and Expert are aware of any requirements imposed by law or any professional body to enable the Expert to work on an Engagement.
    • (c) endeavours to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Legal Professional or the Expert for the Expert to work on an Engagement.

3. Security Processes

  • 3.1 The Company applies the following systems and processes (and shall apply these systems and processes consistently) to protect Users from illegal content on the Platform. In particular, these systems and processes are designed to: (i) minimise the length of time for which any priority illegal content is present on the Platform (for example, terrorism and child sexual exploitation content); and (ii) where the Company is alerted by a User to the presence of any illegal content, or becomes aware of it in any other way, swiftly take down such content from the Platform.
    • (a) All Users are required to comply with the Company’s acceptable use policy, as described in clause 2.5 and other user to user restrictions set out in these Terms.
    • (b) The Company monitors content uploaded and shared by Users to ensure compliance with these Terms and shall take down any non-compliant content and suspend and/or ban accounts uploading and/or sharing such content.
  • 3.2 You have a right to bring a claim against the Company for breach of contract, if:
    • (a) the Company restricts access to any content you generate or upload to or share on our Platform in a way that breaches these Terms.
    • (b) If we suspend or ban you from using the Platform in a way that breaches these Terms.
  • 3.3 Users should contact the Company’s support team immediately if it:
    • (a) comes across any content on the Platform it believes or suspects to be illegal content.
    • (b) believes the Company has not or is not complying with its duties under the Online Safety Act 2023, in particular with regards to illegal content, content reporting and freedom of expression and privacy.
    • (c) has a complaint regarding content the Company has taken down from the Platform.
    • (d) has a complaint in relation to a warning issued by the Company to a User, a suspension or ban preventing the User from using the Platform, or a restriction the Company has placed on the User’s ability to use the Platform, as a result of content generated, uploaded or shared by the User which the Company considers to be illegal content.
    • (e) has a complaint in relation to the use of proactive technology on the Platform that moderates content uploaded by Users.
    Such reports and complaints shall be dealt with in accordance with clause 3.4.
  • 3.4 The Company will manage complaints made under clause 3.3 as follows:
    • (a) If the Company receives a complaint submitted by a User under clause 3.3, the Company will confirm receipt and provide the User with an indicative timeframe for its decision with regards to the User’s complaint. The Company will also notify the User if the User will have a right to appeal against its decision.
    • (b) The Company shall endeavour to consider the User’s complaint promptly and take appropriate and proportionate action in line with relevant guidance from regulators (e.g., Ofcom). The Company will notify the User of its decision and take any required steps in light of its decision.
    • (c) If the User has a right of appeal, the Company will allow the User a reasonable period of time to do so and to provide the Company with further reasons and evidence to support the User’s appeal. The User will be notified in advance of the time the User has to appeal and an indicative timeframe for the Company’s response. Once the Company has re-considered the complaint in light of the User’s submissions, the Company will notify the User of its final decision and take any required steps in light of it.
  • 3.5 Actions the Company take may include: (i) where there are reasonable grounds to infer that content is illegal, the Company will take this down; (ii) handling illegal content complaints in accordance with relevant content moderation and search moderation policies; (iii) where an appeal is successful, the User’s content and/or account will be returned to their original position – for example, if content has been erroneously taken down on the basis that it was incorrectly judged to be illegal, or an account banned or suspended erroneously, they should be reinstated.

4. User Obligations

  • 4.1 Both Legal Professionals and Experts have specific obligations when using the Platform, in addition to the general requirements above. By using the Platform, you agree to fulfil the obligations applicable to your user role.
  • Obligations of Legal Professionals
  • 4.2 Lawful Basis for Data Sharing: You must ensure you have the right to share any Case-related information or documents via the Platform. If the Case materials include sensitive or personal data (for example, medical records or personal details of individuals), you warrant that you have obtained the necessary consent from your client or have another lawful basis under Data Protection Laws to share that information with an Expert through the Platform.
  • 4.3 Diligence in Expert Selection:Whilst reasonable efforts are made to give satisfaction to Legal Professionals by ensuring a reasonable standard of skills, integrity and reliability from Experts, it is your responsibility to select a suitable Expert for your Case. While the Platform may provide profiles, ratings, or reviews of Experts, you should independently assess whether an Expert is appropriate for your needs (for example, checking an Expert’s qualifications, experience, and any potential conflicts of interest). The Company does not guarantee that any Expert is qualified for a particular Case or that any Engagement will be successful.
  • 4.4 Provision of Information: You agree to provide the engaged Expert with all information and materials reasonably necessary for the Expert to perform their services. This includes providing timely and clear instructions, case summaries, relevant documents, and setting out the scope of work, deadlines, and expectations for the Expert’s involvement. Any changes to the scope or schedule should be communicated through the Platform as soon as possible.
  • 4.5 Communication via Platform: To maintain a record and ensure confidentiality, you should use the Platform’s communication features (such as built-in messaging or document sharing) for all substantive communications with the Expert regarding the Engagement. Avoid using unrecorded channels (like personal email or phone) for Case-related discussions, unless strictly necessary, in which case you should summarise key points on the Platform afterwards. Keeping communications on-Platform helps in case of any disputes and assists the Company in monitoring compliance if needed.
  • 4.6 Payment Obligations: You are responsible for paying the agreed Fees as invoiced to you by the Company in accordance with the payment terms set out in these Terms or otherwise agreed. This includes paying any required deposit, retainer, or interim payment by the due date and paying final invoices promptly. All payments should be made through the Platform’s payment system (see "Fees and Payment" below). Failure to pay on time may result in the Expert ceasing work and could also result in suspension of your account.
  • 4.7 Managing Deadlines: The Platform will allow you to record court dates, report deadlines, and other key milestones for the Case. While these tools are provided for convenience (and may send reminders), you remain solely responsible for tracking and meeting all legal deadlines in your Case. The Company does not accept liability for any consequences of missed deadlines or scheduling issues. Always double-check critical dates and do not rely exclusively on the Platform’s calendar.
  • 4.8 Use of Expert Reports: Any Expert Report or advice you receive from an Expert via the Platform is intended for use in connection with the specific Case for which the Expert was engaged (and related legal proceedings). You agree not to use the Expert’s work product for any other purpose or in any other case without obtaining prior permission from the Expert. You also agree not to alter an Expert Report or attribute work to an Expert that they did not perform. If you need the Expert to provide an addendum or clarification to their Expert Report, use the Platform to request it formally.
  • 4.9 Professional Conduct: You will treat Experts with professional courtesy and respect. This includes honouring scheduled meeting times (or providing advance notice if you must reschedule), being truthful and forthcoming with information, and not pressuring an Expert to act unethically or in violation of their duty to the court. You acknowledge that Experts have an overriding duty to the court to provide independent and truthful opinions, and you will not ask an Expert to misstate facts or change opinions improperly.

5. Fees and Payment

  • 5.1 This section outlines how fees are agreed, invoiced, and paid on the Platform, as well as related financial terms.
  • 5.2 Fee Agreements: When a Legal Professional and an Expert connect via the Platform, they should agree on the Expert’s fee structure before work begins. This could be an hourly rate, a daily rate, a fixed fee for a report, or any other structure suitable to the task (collectively, "Expert Fees"). The Platform will provide a mechanism to record the agreed terms including the scope of work, fee rate, payment schedule, and any expenses that will be reimbursed. Both parties are responsible for ensuring that the agreed terms are documented on the Platform (for instance, via an electronic agreement or a summary in the Platform’s messaging confirmed by both sides).
  • 5.3 Invoicing Process: The Platform facilitates invoicing by allowing Experts to bill the Company for their services through the system. Experts shall issue invoices to the Company through the Platform either upon completion of the work or at agreedinterim stages (e.g., monthly or upon reaching project milestones). Each invoice should itemise the services provided and the amount due, including any applicable taxes (such as VAT, if the Expert is VAT-registered).
  • 5.4 The Company in turn will send an invoice generated via the Platform to the Legal Professional electronically for the Expert’s work and any other agreed fees associated with Platform use and for the Services. Legal Professionals agree to receive invoices in electronic format. Invoices will typically reference the Case name/number and Engagement details for clarity.
  • 5.5 Payment Methods: The Platform supports certain payment methods for settling invoices (for example, credit or debit card payments, direct bank transfer, or third-party payment processors. The Company uses reputable third-party payment processing services to handle financial transactions; the Company does not store full credit card numbers or similar sensitive financial information on its own servers, except as provided by these processors.
  • 5.6 Trust Arrangements - Privately‑Funded Matters: Where a matter is privately funded by the client (i.e. not paid from Legal Aid or another third‑party source), the following shall apply:
    • (a) Up‑front Payment: Before the Expert undertakes any work, the Legal Professional must pay the full amount of the agreed Expert Fees (together with any pre‑approved expenses) to Company.
    • (b) Segregated Trust Account: The Company will hold those monies in a dedicated trust (client) account, separate from its own operating funds, exclusively for the benefit of the Expert.
    • (c) Release of Funds: Upon confirmation that the agreed deliverables have been completed and accepted, the Company will pay the Expert from the trust account within 30 days.
    • (d) Disputes: Any contested release or retention of monies will be dealt with under the Company’s complaints procedure (a copy of which is available upon request).
    • (e) Interest: Any interest earned on sums held in trust shall accrue to the Company and may be applied towards the administrative costs of the trust facility; no interest is payable to Users unless otherwise required by law.
  • 5.7 Payment Timeline: Legal Professionals agree to pay invoices on the terms specified. Unless otherwise agreed, invoices are due for payment within 30 days of the invoice date. Prompt payment is essential; Experts will be advised to halt work or withhold deliverables (such as final signed reports) if invoices are overdue, after giving appropriate notice via the Platform. If a Legal Professional anticipates a delay in payment (due to, say, awaiting client funds), they should communicate this to the Company through the Platform and attempt to negotiate an extension or payment plan. The Company is not, however, obligated to grant extensions beyond the agreed terms.
  • 5.8 Late Payments: If a Legal Professional fails to pay an invoice by the due date, the Platform may automatically send reminders and the Legal Professional shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%. Failure by a Legal Professional to pay in accordance with payment terms may also result in suspension of their account and legal action to recover the debt.
  • 5.9 Currency: All monetary amounts on the Platform are denominated in British Pounds Sterling (GBP) unless otherwise stated. If the Platform allows transactions in other currencies, it will indicate the currency clearly. Users are responsible for any currency conversion fees or exchange rate differences if they choose to use a non-GBP payment method that causes a conversion. The Platform’s payment processor will handle currency conversion at the then-current rate and may charge a conversion fee which will be passed on to the user.
  • 5.10 Taxes: Each User is responsible for their own taxes arising from transactions through the Platform. Experts are responsible for determining whether their services are subject to VAT or any other sales tax and for including and remitting the correct amount of VAT if applicable. The Platform may allow an Expert to specify whether VAT is chargeable and add VAT to their invoices. Legal Professionals (if VAT-registered) may be able to recover VAT on Expert Fees as an input tax, subject to tax laws. The Company will charge VAT on its invoices as required by UK law (since the Company is UK-based). The invoices provided will separately itemise any VAT or similar tax where applicable. Apart from VAT, Experts are responsible for reporting income and paying income tax or corporate tax on earnings from the Platform, and Legal Professionals are responsible for any required tax withholdings or reporting for payments made. If any withholding tax is applicable (for cross-border services, for example), the paying party must inform the other and ensure compliance with law (e.g., provide proper documentation or deduct the tax and remit to the authorities). Users should consult their tax advisors if unsure about tax obligations.
  • 5.11 Expense Reimbursement: If an Expert incurs reasonable expenses as part of an Engagement (for example, travel costs to attend court, costs of tests or materials needed for analysis), the entitlement to reimbursement should be agreed in advance in the Engagement terms. The Platform allows Experts to add expense claims to an invoice, with receipts attached if required. Legal Professionals agree to reimburse all pre-approved expenses.
  • 5.12 Non-Circumvention of Payments: Users must not circumvent the payment system. This means you should not pay or receive payment for services outside of the Platform for any Engagement that started on the Platform. If a Legal Professional attempts to pay an Expert directly (e.g., by bank transfer outside the Platform) for a Platform-originated Engagement, or an Expert requests such direct payment, it is a breach of these Terms. If the Company discovers off-platform payments, it may charge the responsible party a fee equal to what would have been charged had the payment been processed through the Platform, and/or terminate or suspend the accounts involved. The only exception is if the Company has given explicit written permission for a particular payment to be made outside the Platform (for instance, if the Platform’s payment processor cannot handle a very large transaction or a particular currency, the Company might agree in writing to an alternative arrangement for that instance).
  • 5.13 Refunds and Cancellations: If a Legal Professional cancels an Engagement before any substantial work has been done by the Expert, the Legal Professional may be entitled to a refund of any prepaid amounts, possibly minus a cancellation fee for any work already performed. If an Expert has already started work or turned down other work to keep the schedule, a cancellation fee may apply as per the Engagement terms. Conversely, if an Expert is unable to complete the work (for reasons beyond their reasonable control or agreed adjustments), the Legal Professional may be entitled to a refund of any prepayments and may not be required to pay for unfinished work. The Platform’s mechanics for refunds will typically follow the Engagement terms and a fair apportionment of work done. The Company may mediate if there's a disagreement. Invoices charged by the Company are generally not refundable (because they cover services already rendered by providing the Platform), but the Company reserves the right to refund or credit invoices in whole or in part in specific cases, at its sole discretion, in order to resolve User disputes or as a goodwill gesture.
  • 5.14 Chargebacks and Reversals: In the event that a payment is processed via credit card or similar and the payer initiates a chargeback or reversal without proper cause (for example, a Legal Professional disputes a credit card charge for a valid invoice rendered by the Company), the Company reserves the right to suspend the User’s account and investigate the issue. The Company will provide information to the payment processor to contest unwarranted chargebacks. Any User who is found to be abusing chargeback mechanisms may be liable to reimburse the Company for any fees or losses incurred, and may be removed from the Platform.
  • 5.15 Financial Records: The Platform will maintain a transaction history accessible to the Users involved (at least for a certain period) showing all invoices, payments made, and fees charged. Users should download and keep their own records of invoices and payments for accounting and compliance purposes. The Company will keep records of transactions as required by financial regulations and for auditing purposes, but is not obligated to retain them beyond legal requirements. The Company’s records (unless proven erroneous) will be taken as conclusive evidence of the payments and receipts through the Platform.

6. Intellectual Property Rights

  • 6.1 Platform IP: The Platform (including all software, source code, algorithms, User interface design, databases, documentation, and underlying technology) and the trademarks, logos, and branding associated with "The Expert Witness Gateway" are the exclusive property of the Company and/or its licensors. All Intellectual Property Rights in and to the Platform and its components are owned by the Company. When you use the Platform under these Terms, you are not buying the software or obtaining ownership of any part of it – you are only being granted a limited, revocable right to use the Platform in accordance with these Terms. You shall not copy, modify, distribute, sell, lease, sublicence, reverse engineer, decompile, or disassemble any part of the Platform except to the extent expressly permitted by law. Any rights not expressly granted to you in these Terms are reserved by the Company.
  • 6.2 User Content IP: As between the Users and the Company, any User Content that you upload or contribute to the Platform remains owned by you (or by the original owner of that content, if you are not the owner but have permission). The Company does not claim ownership of your Case files, correspondence, evidence, or the Expert Reports you produce. In particular:
    • (a) Expert Reports and Work Product: An Expert retains all Intellectual Property Rights in their Expert Reports and any analyses, charts, or materials they create as part of an Engagement, subject only to the usage licence granted to the Legal Professional as described below. The default position is that the Expert is the author and owner of the copyright in their written Expert Report (as well as any original materials like photographs or diagrams they produce), even after delivering it to the client, unless a separate agreement is made to transfer ownership.
    • (b) Legal Documents and Case Materials: A Legal Professional (or their client) retains ownership of all documents, data, and materials they upload to the Platform for an Expert’s review. For instance, if a Legal Professional uploads medical records or contracts for an Expert to examine, those records remain the property of the Legal Professional or their client. The Expert is given access to them solely for the purpose of the Engagement.
    • (c) Profiles and Feedback: Content a User adds to their own profile (like a CV, list of publications, or photograph) remains that User’s property, but by uploading it, the User grants the Company permission to display and use that content on the Platform.
  • 6.3 Licence to the Company: In order for the Company to operate the Platform effectively, you grant the Company a licence to use your User Content. Specifically, by uploading or posting User Content on the Platform, you grant the Company a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, modify (for technical display or formatting purposes, for example converting documents for viewing), and display your content to you and to those other Users with whom you intend to share it, and otherwise use it as necessary to provide the Services. This licence is solely for the purpose of allowing the Company to operate and improve the Platform and perform its obligations. For example, without this licence, the Platform wouldn’t be able to display your uploaded evidence to the Expert you selected, or make backup copies for security. The Company will not use or disclose your User Content outside of providing the Services, except as permitted elsewhere in these Terms (including under Confidentiality and Data Protection) or with your further consent.
  • 6.4 Licence Between Users: When an Expert provides an Expert Report or other deliverable to a Legal Professional through the Platform, the Expert (as licensor) grants to the Legal Professional (as licensee) a licence to use, copy, and distribute that Report for the purposes of the Case for which it was prepared, including any related legal proceedings (such as sharing it with counsel, clients, courts, or tribunals as needed). This licence permits the Legal Professional to make necessary copies (physical or electronic), to submit the Expert Report as evidence, and to quote or reference it in legal documents related to the Case. The licence does not automatically allow the Legal Professional to use the Expert’s work for any other purpose or in other cases; for any use outside the scope of the original Case, you should obtain permission from the Expert (which may involve additional fees or agreements).
  • 6.5 No Platform Rights in Reports: Except for the limited licences described above, the Company does not obtain any right, title, or interest in Expert Reports or other substantive content exchanged between Users. The Company will not sell, publish, or share an Expert’s Report or a party’s Case documents with any third party except as required to perform the Services or as compelled by law. All such content is kept confidential as described in the next section.
  • 6.6 Use of Aggregated Data: The Company may aggregate and anonymise data from the Platform for the purpose of improving services, analytics, or marketing (for example, average time to find an expert in a particular field, or total number of Engagements in a month). Any such aggregated data will contain no personally identifiable information or any party’s Confidential Information. The Company owns all rights to such aggregated data and may use it freely, provided it does not identify or relate back to individual Users or specific Cases.
  • 6.7 Feedback and Suggestions: If you provide the Company with any suggestions, comments, or feedback regarding the Platform (for example, ideas for new features or improvements), you hereby grant the Company a perpetual, irrevocable, transferable, sublicensable, worldwide licence to use, modify, and incorporate those suggestions or feedback in its products or services without any obligation to compensate you.
  • 6.8 Third-Party Materials: Some content or services available in the Platform may be provided by third parties (for example, a calendar sync feature might use a third-party calendar API, or document preview might use third-party software). All third-party materials are the property of their respective owners and may be subject to their own licences or terms. Use of third-party features may require you to comply with additional terms (which the Platform will provide or direct you to, if applicable). The Company is not responsible for third-party content or services beyond facilitating their integration into the Platform.
  • 6.9 Trademarks: "The Expert Witness Gateway" and associated logos and designs are trademarks of the Company. Other marks used on the Platform (like the names of law firms or experts) may be trademarks of their respective owners. You are not granted any rights to use any trademark of the Company or of any other entity displayed on the Platform, except as needed for lawful reference (for example, you may describe yourself as an expert listed on "The Expert Witness Gateway" in your CV, which incidentally uses the Platform’s name, but you may not brand yourself in a way that implies Company endorsement).
  • 6.10 No Assignment of IP: Nothing in these Terms shall be construed as an assignment or transfer of Intellectual Property Rights from the Company to any User or from any User to the Company. Similarly, facilitating the sharing of content on the Platform does not transfer ownership between the Users. Any formal transfer of IP (for example, if a Legal Professional and an Expert agree that the copyright in an Expert Report will be assigned to the client) should be documented separately (and possibly uploaded as part of the Engagement records) and is outside the scope of these Terms.
  • 6.11 Infringement Claims: If you believe that any content on the Platform infringes your Intellectual Property Rights (for example, if an Expert uploaded materials they do not have rights to, or a User copied your work without permission), please notify the Company with detailed information. The Company has a policy of investigating such claims and will take appropriate action, which may include removing or disabling access to the allegedly infringing material and/or terminating the accounts of repeat infringers, in compliance with applicable intellectual property laws. Users agree to cooperate with the Company in any such investigation and to provide information as needed about the origin of materials they have uploaded.

7. Confidentiality and Data Protection

  • 7.1 Mutual Confidentiality: The Platform is used to handle sensitive legal information, so confidentiality is paramount. When using the Platform, you may receive Confidential Information from the Company or from other Users. You agree that you will:
    • (a) Use Confidential Information solely for the purpose for which it was disclosed (e.g., to carry out the Engagement or to use the Platform’s features) and for no other purpose.
    • (b) Not disclose Confidential Information to any third party except as permitted in these Terms or with the express consent of the party who provided the information.
    • (c) Protect Confidential Information with at least the same standard of care you use for your own confidential information, and in no event less than a reasonable standard of care.
  • 7.2 For Legal Professionals and Experts, this obligation means that case information, evidence, and Expert Reports must be kept confidential and not shared outside the Engagement (except with others on a need-to-know basis involved in the case, such as colleagues, counsel, or clients, who themselves should be bound by confidentiality). For the Company, it means any User data or Case data we handle will be kept confidential and not disclosed outside of running the Platform, except as specified.
  • 7.3 Permitted Disclosures: A receiving party may disclose Confidential Information if and to the extent:
    • (a) The disclosing party gives written permission for the disclosure.
    • (b) The disclosure is to the receiving party’s employees, subcontractors, professional advisors (e.g., lawyers, accountants), or colleagues who need to know it for the permitted purpose, provided they are bound by confidentiality obligations at least as strict as those in these Terms.
    • (c) The disclosure is required by law, regulation, or court order. In such a case, the receiving party should (to the extent not prohibited by law) give prompt notice to the disclosing party to allow them to seek a protective order or other remedy, and only the minimum information legally required should be disclosed.
    • (d) The information becomes public through no fault of the receiving party.
  • 7.4 Confidentiality of Identity and Case Info: Both Experts and Legal Professionals should be mindful that the fact of an Engagement might itself be sensitive. For example, an Expert should not publicly reveal that they are consulting on a particular Case without consent, and a Legal Professional should not list an Expert as a consultant to their Case in public filings without engaging them through proper channels (usually a CV is attached to an Expert Report in court filings when appropriate). The Platform may allow some public profiles, but details of specific Cases should generally be kept within the Platform’s private areas.
  • 7.5 Data Protection Role of the Company: The Company, in providing the Platform, will process certain personal data (information about individuals) on behalf of Users. For example, when a Legal Professional uploads a witness statement that contains personal data, or when an Expert uploads an Expert Report discussing an individual, the Platform stores and transmits that data. Under Data Protection Laws, the Legal Professional and/or Expert may be considered the "data controller" for the personal data they upload (since they determine the purpose of processing, i.e., to use it in a case), and the Company is a "data processor" acting on their instructions by storing or transmitting it. In other cases, for personal data related to User accounts (like the names and contact details of Experts and Legal Professionals, or usage analytics), the Company may be a data controller since it determines how to use that data for running the Platform.
  • 7.6 Company Obligations (Data Processor): To the extent the Company acts as a data processor for Users’ personal data contained in case-related content, the Company will:
    • (a) Only process that personal data on the documented instructions of the User (as given through using the Platform and features), unless required by law to do otherwise (in which case the Company will inform the User unless legally prohibited).
    • (b) Ensure that persons authorised to process the personal data have committed to confidentiality or are under an appropriate statutory obligation of confidentiality.
    • (c) Take appropriate technical and organisational measures to ensure a level of security appropriate to the risk to personal data. This includes measures to protect against unauthorised access, loss, or alteration of data. For example, the Platform uses secure (encrypted) connections (HTTPS) for data transfer, may encrypt certain sensitive data at rest, and restricts access to databases to authorised personnel.
    • (d) Assist the User (where applicable) in responding to data subject requests (such as requests to access or delete personal data) and in meeting the User’s other compliance obligations under UK GDPR, taking into account the nature of processing and the information available to the Company. (The Company may provide tools or features to help export or delete data, or the User can contact the Company for assistance.)
    • (e) Upon termination of the Services or upon the User’s request, delete or return personal data that the Company is processing for the User, unless retention is required by law. (For instance, if a Legal Professional deletes a Case from the Platform, the Company will delete the associated personal data from active systems but note that backups or logs may retain some information for a period; the Company will continue to protect such data until purged.)
  • 7.7 Make available to the User information necessary to demonstrate compliance with these obligations and allow for and contribute to audits or inspections reasonably conducted by the User or an auditor mandated by the User (with appropriate notice, during regular business hours, and subject to reasonable confidentiality and security measures to avoid disruption). Typically, the Company may satisfy this by providing third-party security audit certifications or summaries of audit reports to Users upon request, rather than allowing direct inspections that could compromise other Users’ data.
  • 7.8 Not transfer personal data from the UK/EEA to a country not deemed adequate under Data Protection Laws without appropriate safeguards (such as Standard Contractual Clauses or an approved transfer mechanism). The Platform’s servers are primarily located in the United Kingdom (and/or other jurisdictions with adequate data protection). If the Company were to use data centres in the US or elsewhere, it would ensure compliance with transfer rules or obtain consent where necessary.
  • 7.9 Data Collection by the Company (Controller): The Company will collect and use personal data about Users as described in its Privacy Policy. The Privacy Policy is hereby incorporated into these Terms by reference. By agreeing to these Terms, you also agree to the Privacy Policy. If there is a conflict between these Terms and the Privacy Policy regarding handling of personal data, these Terms (and any mandatory data processing provisions as per UK GDPR Article 28, if applicable) will take precedence for matters specifically related to the Platform service, while the Privacy Policy governs general privacy practices.
  • 7.10 User Obligations (Data Protection): Each User, as a controller of the personal data they upload or obtain via the Platform, is responsible for complying with Data Protection Laws regarding that data. This includes:
    • (a) Only uploading personal data that is necessary for the Case or Engagement and that they have a lawful basis to use. (For example, a Legal Professional should ensure client documents can be shared with an Expert under client consent or a legal justification like legal obligation or legitimate interest; an Expert should only use personal data from Legal Professionals for the purpose of fulfilling their obligations in the relevant Case.)
    • (b) Keeping any personal data accessed through the Platform secure and confidential and not using it for unauthorised purposes. If an Expert downloads personal files from the Platform to work on them, they should keep them on a secure device and delete them when no longer needed.
    • (c) Notifying the Company if they become aware of a data breach involving the Platform (for instance, if an Expert realises they've accidentally shared someone’s personal data with another user without permission, or if a laptop containing Platform data is stolen), so that we can assist in mitigation and required notifications.
    • (d) Indemnifying the Company against any claims, fines or damages arising from your violation of Data Protection Laws in relation to data you have uploaded or handled on the Platform. (For example, if you, as a Legal Professional, upload a bundle of personal data without permission and this causes the Company to face a legal claim or regulatory penalty, you may be responsible for those costs.)
  • 7.11 Data Subject Rights: The Platform provides functionality that helps Users comply with individuals’ rights (for example, the ability to edit or delete information you have posted). If you need to exercise a data protection right (like access, correction, deletion, or portability) regarding data the Company controls, you can contact the Company’s data protection officer or support team as directed in the Privacy Policy. If a data subject (like a client or a person whose data is in evidence) contacts the Company directly about data that a User has uploaded, the Company will, where appropriate, forward the request to the relevant User for handling (since often the User is the controller of that data). The Company will assist as needed and may follow up to ensure compliance.
  • 7.12 Confidentiality of Communications: The Company acknowledges that communications between Legal Professionals and Experts may be legally privileged (e.g., attorney work product or subject to solicitor-client privilege, particularly if an Expert is engaged as a consulting expert rather than a testifying expert). The Platform’s role is merely to transmit and store such communications. The Company will not access or disclose the content of communications or documents stored on the Platform except as needed to provide the Services or as required by law. If the Company is served with a legal demand (such as a subpoena or court order) for a User’s information or content, the Company will (unless prohibited by law) attempt to notify the affected User to allow them to assert any objections or privileges before providing information.
  • 7.13 Data Retention: The Company will retain User account information and content for as long as needed to provide the Services and as required by law or legitimate business purposes. In general, case materials and communications will remain available to Users via the Platform until they choose to delete them or for a certain period after an Engagement is completed. The Company may implement policies for archival or deletion of stale data (e.g., closing out a case file that has had no activity for a long period), but will give notice or have obvious functionality for Users to export or retain what they need before deletion. Even after you delete data or close an account, the Company may retain server copies of data for backup, archival, or audit purposes (e.g., to comply with anti-fraud obligations, or in case of litigation where data might be evidence), but such data remains protected under these Terms and applicable law.
  • 7.14 Confidentiality Survival: The confidentiality obligations in these Terms survive the termination of any Engagement or User account. All Users (and the Company) remain bound to protect Confidential Information received during the course of using the Platform even after their relationship with the Platform ends, unless and until such information becomes public through no breach of these Terms, is otherwise no longer confidential by virtue of law or written release is given by the owner.

8. Warranties and Liability

  • 8.1 Warranties by the Company (Limited): The Company warrants that it will provide the Platform and Services with reasonable care and skill and will use commercially reasonable efforts to maintain the security and availability of the Platform. However, except for the express warranties stated in these Terms, the Platform is provided "as is" and "as available" without any additional warranties of any kind. The Company does not warrant that:
    • (a) the Platform will be error-free or uninterrupted at all times, or that any defects will be corrected immediately.
    • (b) the Platform will meet your specific requirements or expectations (for example, that using it will ensure you win a Case, or find the perfect Expert for every situation).
    • (c) any data or files (including documents exchanged) will never be lost or damaged (though we strive to prevent this with backups and security).
    • (d) the information provided on the Platform (including any content from other Users, such as profiles or case descriptions) is accurate or complete (Users are responsible for their own content).
  • 8.2 Subject to clause 8.13, the Company is not liable for any loss, expense, damage or delay or claim, whether direct, indirect or consequential, arising from the provision of services by the Expert, for any failure to provide any Expert, or from the negligence, dishonesty, misconduct or lack of skill of the Expert.
  • 8.3 Except as expressly and specifically provided by these Terms, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms.
  • 8.4 User Warranties: Each User represents and warrants that:
    • (a) Authority and Compliance: You have the right, authority, and capacity to enter into these Terms and to perform your obligations. Your use of the Platform will comply with all applicable laws and regulations. If you are a regulated professional (e.g., solicitor, doctor, engineer), you will adhere to the standards of your profession in using the Platform and performing any work related to an Engagement.
    • (b) Accuracy of Information: All information you provide to the Company and other Users is truthful and accurate to the best of your knowledge. This includes your account registration details, profile information, qualifications, and any representations you make during an Engagement. If any information changes or you discover any inaccuracy, you will promptly correct it (for example, if your professional certification lapses or you realise a document you uploaded has errors).
    • (c) Purpose of Use: You are using the Platform only for the intended professional purposes, and not as a consumer for personal, family, or household purposes.
  • 8.5 No Guarantee of Engagements: The Company does not warrant or guarantee that any User (Expert or Legal Professional) will secure any minimum number of engagements or any business through the Platform. For Experts, being listed on the Platform is not a guarantee of being hired. For Legal Professionals, the presence of Experts on the Platform is not a guarantee that an Expert will accept your case or that an Expert will be available in every specialty or jurisdiction you might need. The Platform is a facilitation tool, and outcomes depend on the Users’ interactions.
  • 8.6 No Endorsement: While the Company may verify certain information about Experts (like identity or credentials) or allow ratings and reviews, the Company does not endorse any particular Expert or Legal Professional. Any ratings, reviews, or verification statuses are not warranties by the Company of a User’s suitability, reliability, or performance. Users must exercise their own due diligence and judgment when deciding to work with one another. This clause 8.6 is subject to the Company’s obligations under the Conduct Regs.
  • 8.7 Third-Party Services: The Platform may integrate or use third-party services (for example, payment gateways, cloud storage providers, calendaring services). The Company is not responsible for any downtime, errors, or breaches caused by these third-party services, but will use reasonable efforts to select reputable providers and address issues within its control. Any warranties provided by those third-party services are the responsibility of those providers and not the Company.
  • 8.8 Exclusion of Certain Damages: To the fullest extent permitted by law, the Company and its officers, directors, employees, and agents shall not be liable to any User for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with the Platform or these Terms. This exclusion applies regardless of the theory of liability (contract, tort, negligence, strict liability, misrepresentation, etc.), and even if the Company has been advised of the possibility of such damages. "Consequential damages” include, but are not limited to, losses such as:
    • (a) Loss of profits, loss of business, or anticipated savings.
    • (b) Loss of or damage to goodwill or reputation.
    • (c) Loss of data or costs of data recovery.
    • (d) Wasted expenditure or failure to meet any duty, including duties of care or duties to third parties.
    • (e) Losses arising from a party’s engagements with third parties.
  • 8.9 Limitation of Our Liability: Subject to clause 8.11, the Company’s total liability to a Legal Professional (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall not exceed the total amount of invoices that the Legal Professional has paid to the Company in the 12 months immediately preceding the event giving rise to the claim.
  • 8.10 The limits stated shall be inclusive of all legal costs and expenses incurred in defending or settling the claim.
  • 8.11 Nothing in these Terms excludes or limits liability which cannot legally be limited, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
  • 8.12 Liability of Users Between Themselves: The Company is not a party to the contracts or agreements made between Legal Professionals and Experts (except for the terms regarding use of the Platform itself). Therefore, each User acknowledges that any legal remedy for breach of an Engagement or other duty arising out of an Engagement must be sought directly against the other User(s) involved, and not against the Company. For example, if an Expert fails to deliver a report on time, the dispute is between those two parties. The Company will not provide legal indemnity or coverage for one user against another. That said, the Company will provide a dispute resolution mechanism through the Platform (such as mediation or support to facilitate a settlement) at its discretion, but this does not create any warranty or guarantee from the Company.
  • 8.13 Indemnification of Company: You agree to indemnify and hold harmless the Company, its affiliates, and their officers, directors, employees, and agents (the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) that arise out of or relate to:
    • (a) Your breach of any of these Terms or of any agreement you enter into with another User.
    • (b) Your violation of any law or regulation in connection with your use of the Platform.
    • (c) Any claim by another User or a third party arising from your conduct on the Platform, your User Content, or your provision or receipt of services through the Platform.
    • (d) Any dispute between you and another User, including any injuries or damages sustained by you in the course of a meeting or proceeding related to an Engagement (unless caused by the Company’s negligence).
  • 8.14 Limitation Period: You agree that any claim or cause of action you may have arising out of or related to these Terms or the use of the Platform must be filed within one (1) year after such claim or cause of action arose.

9. Suspension and Termination

  • 9.1 Suspension of Accounts: The Company may suspend your account or your access to certain parts of the Platform immediately, without notice, if it reasonably believes you have violated these Terms, or if your use of the Platform is causing harm to the Platform or other Users. While suspended, you may not be able to log in or use the Platform’s functionalities. The Company is not liable for any losses you incur due to suspension, and any scheduled engagements during a suspension are subject to cancellation or delay.
  • 9.2 Termination by the Company (for Cause): Without affecting any other right or remedy available to it, the Company may terminate your account with immediate effect in the following circumstances:
    • (a) If you materially breach these Terms or consistently act in a manner that violates the intent of these Terms. A “material breach” includes, but is not limited to: violations of confidentiality, attempting to take transactions off-platform, non-payment of Fees after warnings, engaging in illegal conduct via the Platform, harassment of other Users, or any breach that by its nature is incapable of remedy. The Company will usually provide notice of the breach and a reasonable opportunity to cure (if curable) before termination, but reserves the right to terminate immediately in severe cases.
    • (b) If you take or have taken against you (other than in relation to a solvent restructuring) any step or action towards your 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 Insolvency Act 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 its assets or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction.
  • 9.3 Termination for cause means your account is closed, ongoing Engagements may be terminated or handed off (the Company may assist the Legal Professional in finding a replacement Expert, for example), and you may be banned from rejoining the Platform.
  • 9.4 Termination by the Company (without Cause): The Company reserves the right to terminate any User’s access to the Platform for convenience for operational reasons, for example if the Company decides to discontinue the Services or to close your category of account. In such cases, the Company will provide at least 30 days’ notice to you when feasible. If the Company terminates your account without cause and you have prepaid any invoices for a future period, the Company will refund the unused portion. If you are in the midst of an Engagement, the Company will make reasonable efforts to allow you to wrap up the Engagement if possible or assist in a transition.
  • 9.5 Termination by You: You have the right to terminate your use of the Platform at any time by closing your account. You can do this by contacting the Company’s customer support or through any account settings provided for deletion. If you terminate your account, you remain responsible for finishing any pending obligations: paying outstanding invoices, delivering any work that you have already been paid for or for which the deadline has passed, and returning or destroying Confidential Information as required. If you simply stop using the Platform without formally terminating, these Terms will continue to apply as long as your account exists.
  • 9.6 Effect on Ongoing Engagements: If an account is terminated (by either party) while an Engagement is ongoing:
    • (a) If a Legal Professional’s account is terminated, the Expert will not be obligated to continue work but should pause and secure any work product. The Legal Professional (or their firm) remains liable to pay for any work done up to termination.
    • (b) If an Expert’s account is terminated, the Legal Professional should not expect further work or support from that Expert via the Platform. The Expert should deliver any completed work they have (if any is due) and coordinate a handover if appropriate. The Legal Professional can seek a replacement Expert via the Platform or elsewhere and may have to provide them with the case materials anew. The Company can assist by providing data that was stored (like documents or communication logs) to the Legal Professional if needed to transition.
    • (c) The Company will not typically refund invoices in such cases except at its discretion, especially if significant services were already rendered (like matching and usage).
  • 9.7 Data After Termination: Upon termination of an account, the Company may deactivate and eventually delete the account and data associated. However, each party should retain their own records outside the Platform to avoid losing information. The Company may retain certain data for legal compliance, such as records of transactions for accounting and audit, or logs for security purposes, even after account deletion. All such data remains subject to confidentiality and data protection requirements.
  • 9.8 Return of Company Materials: If the Company provided you any software or materials (such as a downloadable application or confidential documentation) as part of using the Platform, you must cease use and delete or return those upon termination. For instance, if there was a desktop application or a plugin given to you, you should uninstall it and not attempt to access the system through it after termination.
  • 9.9 Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect. Termination shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination.

10. General Provisions

  • 10.1 Force Majeure: No party shall be liable for any delay or failure in performing any of its obligations for so long as and to the extent that the delay or failure results from events, circumstances or causes beyond its reasonable control.
  • 10.2 Entire Agreement:
  • 10.3 Amendment: The Company may amend or update these Terms from time to time. When we do, we will notify Users by updating the "last updated" date of the Terms and, in the case of significant changes, by providing a prominent notice on the Platform or via email. It is your responsibility to review any updated Terms. Your continued use of the Platform after updated Terms have been posted (and have become effective) will constitute your acceptance of the updated Terms. If you do not agree to a change, you should stop using the Platform and may terminate your account as described above. Except for changes made by the Company as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and an authorized representative of the Company.
  • 10.4 Assignment: You may not assign or transfer any of your rights or obligations under these Terms to any third party without the prior written consent of the Company. The Company may assign or transfer its rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, or by operation of law or any other business transaction.
  • 10.5 No Waiver: No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude full exercise of that or any other right, power, or remedy. A waiver of any provision or default is effective only if in writing and signed by the waiving party, and such waiver is limited to the specific provision or default stated.
  • 10.6 Severability: If any provision (or part of a provision) of these Terms is found by a court or other authority of competent jurisdiction to be invalid, unenforceable, or illegal, the rest of that provision (if applicable) and all other provisions shall remain in effect. The parties shall endeavour in good faith to replace an invalid or unenforceable provision with a valid one that, as closely as possible, achieves the intended economic and legal effect of the original provision.
  • 10.7 Relationship of Parties: The relationship between the Company and Users is that of independent contractors. Nothing in these Terms is intended to create any partnership, joint venture, employment, or agency relationship between you and the Company. Likewise, nothing in these Terms or on the Platform shall be construed as making any Expert an employee of the Company or a Legal Professional, or vice versa; the relationship between an Expert and the Company is that of independent contractor to client.
  • 10.8 Third Party Rights: A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
  • 10.9 Notices: Any notice or communication to the Company under these Terms must be in writing and addressed to: The Expert Witness Engagement Gateway Limited at its registered address (provided above), or via email to any official email address designated by the Company for legal notices (such as an email to the support or legal contact provided on the Platform). The Company may give notice to you via email to the address associated with your account, via postal mail to any address you provided, or through a notification on the Platform (for example, through an account notification system). Notices sent by email shall be deemed received 24 hours after the email is sent, unless the sender receives a bounce-back indicating the message was not delivered. Notices sent by post within the UK shall be deemed received 2 business days after posting (5 business days if sent internationally). Notices posted on the Platform shall be deemed received upon your next login or 24 hours after posting, whichever comes first.
  • 10.10 Headings: Section headings and summaries (if any) are for convenience only and do not affect the interpretation of these Terms.
  • 10.11 Contact Information: If you have any questions or concerns about these Terms or the Platform, you may contact the Company’s support team via the contact information provided on the Platform (such as a "Contact Us" page or support email). The Company will endeavour to respond to enquiries promptly.

11. Governing Law and Jurisdiction

  • 11.1 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms, the Platform, or the use of the Services, shall be governed by and construed in accordance with the laws of England and Wales.
  • 11.2 The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
  • 11.3 If you access or use the Platform from a location outside of the United Kingdom, you are still solely responsible for compliance with local laws, if and to the extent local laws are applicable. However, the above choice of English law and jurisdiction shall apply to your use of the Platform and these Terms to the fullest extent permitted. Nothing in this clause shall restrict the Company’s right to seek injunctive relief or to enforce a judgment against you in any appropriate jurisdiction.

By clicking "I Agree" or by using the Platform, you acknowledge that you have read, understood, and agree to all of the above Terms and Conditions.