Terms & Conditions
1. Definitions & AcceptanceVisa for England Ltd provides access and service to you ("the Service") on www.visaforengland.com ("the Website") subject to the following Terms & Conditions ("Terms"), which may be updated from time to time without any notice to you. Your continued use of the Website after any change or modification constitutes your acceptance of the new Terms. The terms "Visa for England Ltd", "Visa for England", "we", "us", or "our" shall refer to Visa for England Ltd.
3. Acts Against the ServiceVisa for England Ltd hereby grants you a limited, non-exclusive license to access and use the Service and the Website as provided by us solely for your personal use in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Service including, without limitation, any one or more of the following: (a) Using manual or automated software, devices, scripts, robots, or other means or processes to access, "spider", "crawl" or "scrape" any pages contained in the Website unless you are one of the following search engines accessing the Webiste exclusively in order to index or update your index that is used exclusively to show pages from our Website to your visitors: (i) Google; (ii) Bing; (iii) Yahoo! Search; (iv) Ask.com; (v) AOL.com; (vi) Baidu; (vii) DuckDuckGo; (viii) Yandex; (b) causing, allowing or assisting machines, automated services or using other software or bots to access or use the Service without the express written permission of Visa for England Ltd; (c) interfering with the operation or the security of the Service; (d) attempting to probe, scan, or test the vulnerability of the Service; (e) introducing viruses,Trojan horses, worms, software or other similar harmful scripts or code into the Service; (f) hacking, harvesting or collecting email addresses or other contact information of users or clients from the Service by electronic or other means; (g) reverse engineering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Service; (h) acting illegally or maliciously against the business interests or reputation of Visa for England Ltd;
4. DamagesIf you are involved or cause others to be involved in acts that violate Section 3 above, you agree to pay to Visa for England Ltd the total amount of all actual damages caused by such a violation of these Terms. For violating Section 3, you agree to pay liquidated damages to Visa for England Ltd as described in the schedule set forth in Section 4.1 below. Furthermore, you agree that the amounts of liquidated damages described in Section 4.1 are reasonable estimates of Visa for England Ltd’s damages for violations of Section 3.
4.1 Liquidated Damages ScheduleFor purposes of this schedule each single page that is displayed on the Website is a single "Page", "Unauthorised Act" means each individual time Visa for England Ltd’s servers are accessed in connection with violation of Section 3(a)-(h). With respect to the instances of Unauthorized Act, each day Visa for England Ltd’s servers are accessed to facilitate violations of the Terms shall constitute one Instance of Unauthorized Act. For each violation of Section 3(a)-(h), you agree to pay liquidated damages to Visa for England Ltd in the amount specified below and that the imposition of liquidated damages for each such violation is independent and distinct, and that the assessment of total liquidated damages for multiple violations is cumulative. A. £2,500 GBP Per Page with Content Accessed, Obtained or Copied in Violation of Section 3(a) or (b). You agree to pay £2,500 per violation for each Page accessed or obtained via Visa for England Ltd (1) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Website or (2) by causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Visa for England Ltd. B. £1,500 GBP Per Instance of Unauthorized Act in Violation of Section 3(c) or (d). You agree to pay £1,500 GBP per violation for each Unauthorised Act of violating any security features of the Service as set forth in Section 3(c)-(d). C. £4,000 GBP Per Instance of Unauthorized Act in Violation of Section 3(e)-(f) You agree to pay £4,000 for each (1) Act of introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services; (2) hacking, harvesting or collecting email addresses or other contact information of users or clients from the Service by electronic or other means; D. £1,000 GBP Per Instance of Unauthorized Act in Violation of Section 3(g). You agree to pay £1,000 for each (1) Act of reverse engineering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Service; E. £20,000 GBP Per Instance of Unauthorized Act in Violation of Section 3(h). You agree to pay £20,000 for each (1) Act of acting illegally, maliciously or negligently against the business interests or reputation of Visa for England Ltd;
5. Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF THE DAMAGES. EXCEPT AS EXPLICITLY PROVIDED IN SECTION 5, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY IS LIMITED TO £100 GBP. THE LAW IN SOME PLACES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 5 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
6. GeneralThese Terms are the entire agreement between you and us regarding your use of the Service. We may change these Terms with or without notice to you. Any delay or failure to enforce any rights under these Terms will not affect our right to enforce the rights at a later time. If we waive any breach by you of these Terms, we will not be waiving any subsequent breach or your obligation to comply with any terms that you breached. In the event that any part of these Terms is determined by a judge or arbitrator to be unenforceable, the unenforceable part will be given effect as much as possible and the remaining parts will remain in full force and effect.
7. Governing Law, Dispute Resolution and Arbitration
7.1 Governing LawThese Terms and any action related thereto will be governed by the laws of England and Wales.
7.2 Forum for Legal DisputesEach of us agrees that any dispute or claim arising out of or relating to these Terms, the use of the Service or copyright and intellectual property disputes relating to the Website and Service will be settled exclusively by binding arbitration.
7.3 ArbitrationYou acknowledge and agree that you are waiving the right to participate as a plaintiff in any purported court action or representative court proceedings. The arbitration will be conducted in London, UK. Any damages granted by the arbitrators must be consistent with the terms of Section 4 as to the types and the amounts of damages for which a party may be held liable. The arbitrators will determine who is responsible to pay the fees associated with the arbitration.
8. Legal DisclaimerVisa for England Ltd does not provide any legal advice. Visa for England's employees are not qualified or allowed to give any legal advice. The information and opinions contained on this website are for general information purposes, are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Visa for England Ltd shall have no responsibility for any damage which may arise from reliance on materials contained on this or any other third party website that we may link to.
9. Our ServicesOur services are free to the public. We may get a payment that is based on our standard charging rate for the non-advisory, administrative and secretarial support Visa for England Ltd have done regarding your case from the solicitors we have reffered our clients to.
10. Third Party VendorsThe Website contains links to third-party vendors and accepts advertising from third party vendors. We have no control over, and we assume no responsibility for, the content, privacy policies or business practices of any third party sites or any third party content contained on the Website. By using the Website, you expressly release us from any and all liability arising from any search results, third party sites, content provided by third parties and any products provided by third parties. You should review the applicable terms and policies of any third party site before using it.
11. No Representations or WarrantiesWE ARE NOT RESPONSIBLE FOR ANY CONTENT, OFFERS, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES OR OTHER USERS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO THE WEBSITE OR THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ERROR-FREE, DISRUPTION-FREE OR INTERRUPTION-FREE NATURE OF THE WEBSITE OR THE SERVICES.
12. IndemnityYou agree to defend and indemnify Visa for England Ltd, its affiliates and subsidiaries, and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (including but not limited to reasonable legal and accounting fees), brought by third parties as a result of your breach of the Terms, your violation of any laws or the rights of any third party, your use of the Website or the Services or any products or product offers found on the Website.
13. Choice of Law and ForumThe Terms and the relationship between you and Visa for England Ltd shall be governed by the laws of England and Wales.
14. Waiver and Severability of Terms
The failure of Visa for England Ltd to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.