Please read these Terms of Use carefully and make sure you understand them before using this website www.officialinjuryclaim.org.uk (this “Website”) as they (together with the documents referred to in them) apply directly to your use of this Website and tell you the terms of use on which you may make use of this Website. Use of this Website includes accessing and browsing this Website. By accessing this Website, you agree to be bound by all of the following Terms of Use. These Terms of Use do not apply to use of the OICL branded online application (as modified by OICL from time to time) (the “Portal”) and references to this Website in these Terms of Use are exclusive of the Portal.
OICL recommends that you print a copy of these Terms of Use or save them to your computer for future reference.
If you do not accept these Terms of Use and/or do not intend to be bound by them, you may not use this Website and should exit immediately.
These Term of Use are only in the English and Welsh languages.
This Website is operated by Official Injury Claim Limited (“OICL”) (registered in England and Wales under company number 11752037, the registered office being Linford Wood House, 6-12 Capital Drive, Linford Wood, Milton Keynes, MK14 6XT).
OICL reserves the right in its absolute discretion, without reason and without liability to suspend or block you from this Website with immediate effect and without notice.
- Other applicable terms
These Terms of Use refer to the following additional terms, which also apply to your use of this Website:
- OICL Acceptable Use Policy in paragraphs 19 to 24 of these Terms of Use, which sets out the permitted and prohibited uses of this Website.
- OICL’s Cookie Policy, which sets out information about the cookies used on this Website and the Portal.
- Access from outside the United Kingdom
OICL makes no representation or warranty that any of the information contained within this Website is available or appropriate for use in any country or jurisdiction other than the United Kingdom. If you choose to access this Website from outside the United Kingdom, you do so at your own risk. OICL may limit the availability of this Website to any person or geographic area at any time.
- Availability of this Website
This Website is made available free of charge. OICL does not guarantee that this Website, or any content on it, will always be available or be uninterrupted. Access to this Website is permitted on a temporary basis. OICL may suspend, withdraw, discontinue or change all or any part of OICL’s site. OICL will not be liable to you if for any reason this Website or any content on it is unavailable or subject to disruption at any time or for any period. We will try to give you reasonable notice of any suspension or withdrawal.
You are responsible for making all arrangements necessary for you to have access to this Website. OICL is not an internet service provider. You are responsible for the payment of the fees charged by your internet service provider.
You are also responsible for ensuring that all persons who access this Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
- Changes to this Website
OICL may update this Website from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes. However, please note that any of the content on this Website may be out of date at any given time, and OICL is under no obligation to update it for this or any reason.
OICL does not represent, warrant or guarantee that this Website, or any content on it, will be free from errors or omissions.
- Indemnity from you in favour of OICL
To the fullest extent permitted by law and without prejudice to any other rights available to OICL, you hereby agree to indemnify OICL fully and without limit for any losses, costs, expenses or damages (including amounts paid in settlement, out of pocket expenses, interest, penalties, sanctions and all legal and other professional costs and expenses) incurred by or suffered by OICL in relation to or as a result of any breach by you of any of these Terms of Use.
- OICL limitation of liability
Nothing in these Terms of Use excludes or limits OICL’s liability for death or personal injury arising from its negligence or the negligence of its employees, agents or subcontractors, or OICL’s fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
If you are a business user:
To the extent permitted by law, OICL excludes all conditions, warranties, representations or other terms which may apply to this Website or any content on it, whether express or implied.
OICL 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 any:
- use of or inability to use this Website
- use of or reliance on any content displayed on this Website, or any action or decision taken as a result of using the site or the content displayed on it.
In particular (but without limitation), OICL will not be liable for any:
- loss of profits, sales, business or revenue
- business interruption
- loss of anticipated savings
- loss of business opportunity, goodwill or reputation
- indirect or consequential loss or damage.
If you are a consumer user:
Please note that OICL only provides this Website for domestic and private use. You agree not to use this Website for any commercial or business purposes, and OICL has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- No reliance on information
The content on this Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on this Website.
- Events outside OICL control
OICL will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms of Use that is caused by an Event Outside OICL’s Control (as defined below).
An “Event Outside OICL’s Control” means any act or event beyond OICL’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside OICL’s Control takes place that affects the performance of OICL’s obligations under these Terms of Use, OICL’s obligations under these Terms of Use will be suspended and the time for performance of OICL’s obligations will be extended for the duration of the Event Outside OICL’s Control.
- Changes to Terms of Use
OICL reserves the right to update these Terms of Use from time to time, at any time, without notice to you. The current version will always be available on the Website. All such updates are effective as soon as they appear on this Website and your continuing use after such an update will signify your agreement to be bound. Please check this page from time to time to take notice of any changes OICL has made, as they are binding on you.
- General
These Terms of Use and all other agreements and documents referred to in and incorporated into them represent the entire agreement between OICL and you for use of this Website and supersede all prior agreements.
If you are a consumer, please note that these Terms of Use, their subject matter and formation (and any non-contractual disputes or claims arising out of or in connection with this agreement) shall be governed by English law. You and OICL both agree that the courts of England and Wales will have non-exclusive jurisdiction in the event of a dispute or claim (including any non-contractual disputes or claims) arising out of or in connection with this agreement. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms of Use, their subject matter and formation (and any non-contractual disputes or claims arising out of or in connection with this agreement) shall be governed and construed according to the laws of England and you submit to the exclusive jurisdiction of the English Courts in the event of dispute or claim (including any non-contractual disputes or claims) arising out of or in connection with this agreement.
The failure by OICL to exercise or delay in exercising a right or remedy provided by these Terms of Use or by law does not constitute:
- a waiver of the right or remedy
- a waiver of other rights or remedies.
You shall do or procure to be done all such further acts and things and execute or procure the execution of all such other documents as may be from time to time required for the purpose of giving full effect to the provisions of these Terms of Use and securing to OICL the full benefit of the rights, powers and remedies conferred upon OICL in these Terms of Use.
If any provision of these Terms of Use shall be found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the other provisions of these Terms of Use that shall remain in full force and effect.
You shall not purport to or assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms of Use.
OICL may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms of Use. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms of Use.
Nothing in these Terms of Use is intended to, or shall operate to:
- create a partnership between you and OICL, or
- authorise either you or OICL to act as agent for the other; and
- neither you nor OICL shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
- Third Party Rights
These Terms of Use are between you and OICL. No other person shall have any benefit or the right to enforce any the terms contained herein for the purposes of the Contracts (Rights of Third Parties) Act 1999.
- Trade marks
For the purpose of these Terms of Use, OICL may claim rights in other trademarks, service marks, logos and icons contained on this Website.
- Intellectual property
All intellectual property rights (including copyright) in the whole of this Website and the material published on this Website belong, or are licensed to, OICL or its licensors, as the case may be, unless otherwise indicated, and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form by any person without the prior written consent of OICL.
The works included in and on this Website are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy and may download extracts of any page(s) from this Website for the sole purpose of personal, non-commercial use and you may draw the attention of others within your organisation to content posted on this Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Any other storage, copying, transmission, distribution or other use of the material on this Website is prohibited without OICL’s prior written permission.
OICL’s status (and that of any identified contributors) as the authors of content on this Website must always be acknowledged.
You must not use any part of the content on this Website for commercial purposes without obtaining a licence to do so from OICL or its licensors.
If you print off, copy or download any part of this Website in breach of these Terms of Use, your right to use this Website will cease immediately and you must, at OICL’s option, return or destroy any copies of the materials you have made.
- Uploading content to this Website
Whenever you make use of a feature that allows you to upload content to this Website, or to make contact with other users of this Website, you must comply with the content standards set out in OICL’s Acceptable Use Policy.
You warrant that any such contribution does comply with the Acceptable Use Policy, and you will be liable to OICL and indemnify it for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage OICL suffers as a result of your breach of warranty.
Any content you upload to this Website will be considered non-confidential and non-proprietary, and OICL and other users of this Website have the right to use, store, copy, distribute and disclose to third parties any such content for any purpose.
OICL also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to this Website constitutes a violation of their intellectual property rights, or of their right to privacy. OICL will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of this Website.
Without prejudice to any other right or remedy it may have, OICL has the right to remove (at any time) any posting you make (or which is made on your behalf on this Website) if, in OICL’s opinion, the relevant post does not fully comply with the provisions set out in the Acceptable Use Policy.
The views expressed by other users on this Website do not necessarily represent OICL’s views.
- Viruses
OICL does not guarantee that this Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access this Website. You should use your own virus protection software.
You must not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Website, the server on which this Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. OICL will report any such breach to the relevant law enforcement authorities and it will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Website will cease immediately.
- Linking to this Website
You may not establish, create and/or provide a link to this Website from any other Website, nor may you reproduce or store any part of this Website on any other Website without obtaining OICL’s prior written consent.
- Links to third party websites
This Website may also contain hypertext links to websites operated by third parties. The responsibility for the operation and content of those websites shall rest solely with the organisation identified as controlling the third-party website and will be governed by separate terms and conditions. OICL assumes no responsibility for the content of websites linked to this Website. Links are provided for convenience only and inclusion of any link does not imply endorsement by OICL in any way of the site to which it links. OICL accepts no responsibility whatsoever for the contents of any website accessed by a link that OICL supplies and OICL will not be liable for any loss or damage that may arise from your use of them.
- Contact OICL
Should you have any comments or questions in relation to this Website or should you wish to contact OICL for any other reason please forward these to customer.service@officialinjuryclaim.org.uk.
In the event that any difficulties are experienced in gaining access to any part of the Website please contact OICL either by telephone at 0800 118 1631 or e-mail to customer.service@officialinjuryclaim.org.uk.
- Acceptable Use Policy
This Acceptable Use Policy sets out the terms between you and OICL under which you may access this Website. This Acceptable Use Policy applies to all users of, and visitors to, this Website.
Your use of this Website means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy.
- Acceptable Use Policy - Prohibited uses
You may use this Website only for lawful purposes. You may not use this Website:
- in any way that breaches any applicable local, national or international law or regulation (including but not limited to the General Data Protection Regulation and the Data Protection Act 2018).
- if you do not have the capacity to enter into binding contracts.
- if, being an individual, you are not at least 18 years old or have not obtained the age of majority in the state or country in which you live.
- in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- for the purpose of harming or attempting to harm minors in any way.
- to bully, insult, intimidate or humiliate any person.
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with OICL’s content standards.
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of this Website in contravention of the provisions of these Terms of Use.
- not to allow anyone else use of any username and passwords provided to you to access this Website.
- not disclose your username and password and ensure it is kept confidential at all times.
- not to access without authority, interfere with, damage or disrupt:
- any part of this Website;
- any equipment or network on which this Website is stored;
- any software used in the provision of this Website; and/or
- any equipment or network or software owned or used by any third party.
- Acceptable Use Policy - Interactive services
OICL may from time to time provide interactive services on this Website, including, without limitation, the Portal.
Where OICL does provide interactive services, it will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
OICL will do its best to assess any possible risks for users from third parties when they use any interactive service provided on this Website, and it will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, OICL is under no obligation to oversee, monitor or moderate any interactive service it provides on this Website, and it expressly excludes liability for any loss or damage arising from the use of any interactive service by a user in contravention of OICL content standards, whether the service is moderated or not.
For the avoidance of doubt, you may not use any interactive services on this Website if you do not have the capacity to enter into binding contracts or if, being an individual, you are not at least 18 years old or have not obtained the age of majority in the state or country in which you live.
Where OICL does moderate an interactive service, it will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
- Acceptable Use Policy - Content Standards
These content standards (“Content Standards”) apply to any and all material which you contribute to this Website ("Contributions"), and to any interactive services associated with it.
You must fully comply with the Content Standards in spirit as well as to the letter. The Content Standards apply to any and all of any Contribution.
Contributions must:
- be accurate (where they state facts).
- be genuinely held (where they state opinions).
- comply with applicable law in the United Kingdom and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person.
- contain any material which is obscene, offensive, hateful or inflammatory.
- bully, insult, intimidate or humiliate.
- promote sexually explicit material.
- include child sexual abuse material.
- promote violence.
- promote discrimination of any nature (including discrimination based on race, sex, religion, nationality, disability, sexual orientation or age).
- infringe any copyright, database right, trade mark or any other intellectual property of any other person.
- be likely to deceive any person.
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- promote any illegal activity.
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- be likely to harass, upset, embarrass, alarm or annoy any other person.
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- give the impression that they emanate from OICL, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright or other intellectual property rights infringement or computer misuse.
- contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- contain any advertising or promote any services or web links to other sites.
- Acceptable Use Policy - Suspension and termination
Without prejudice to the foregoing, OICL will determine, in its discretion, whether there has been a breach of this Acceptable Use Policy through your use of this Website. When a breach of this policy has occurred, OICL may take such action as it deems appropriate.
For the avoidance of doubt, failure to comply with this Acceptable Use Policy constitutes a material breach of these Terms of Use upon which you are permitted to use this Website, and may result in OICL taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use this Website.
- immediate, temporary or permanent removal of any posting or material uploaded by you to this Website.
- issue of a warning to you.
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- further legal action against you.
- disclosure of such information to law enforcement authorities as OICL reasonably feels is necessary.
OICL excludes all liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and OICL may take any other action it reasonably deems appropriate.
- Acceptable Use Policy - Changes to the Acceptable Use Policy
OICL may amend this Acceptable Use Policy at any time without any liability and without notice to you. All such amendments are effective as soon as they appear on this Website and your continuing use after such an amendment will signify your agreement to be bound by such. You should check this page from time to time to take notice of any changes made, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on this Website.