1. Introduction
1.1. About Us
GamClaim.org is a claims management organisation based in Switzerland. We specialise in representing Claimants in certain claims against third parties on a no-win, no-fee basis.
1.2. Unregulated Status
As a Swiss-based entity, we operate under an exemption that allows us to offer our services without authorisation or regulation by the UK Financial Conduct Authority (“FCA”). Consequently, our services are provided on an unregulated basis under UK laws.
1.3. Purpose of These Terms
These Terms outline the scope of our services, your obligations, and the conditions under which we represent you. Please read them carefully before proceeding with any claim through our organisation.
2. Scope of Services
2.1. Claims Handling
We provide claims representation services, including but not limited to assessing the viability of claims, gathering relevant documentation, corresponding with potential defendants or their representatives, and negotiating possible settlements.
2.2. Limitations
We do not guarantee the success of any claim.
We do not provide financial, legal, or other professional advice beyond the scope of claims management.
All decisions made regarding claim initiation, pursuit, and settlement remain at our discretion, following consultation with you.
2.3. No-Win, No-Fee Arrangement
Under our standard no-win, no-fee arrangement, you will not owe us any success fee unless the claim is successful, subject to Clause 3 of these Terms.
3. Fees and Payment
3.1. Claim Registration Fee
You must pay a non-refundable registration fee of £99 (“Registration Fee”) for each claim to cover administrative expenses.
This Registration Fee is payable in full before we commence any work on your claim.
If, for any reason, you decide not to proceed after payment of the Registration Fee, it will not be refunded.
3.2. Success Fee
If we achieve a successful outcome (e.g., settlement, award, or recovered sum), a success fee (“Success Fee”) will become payable to us.
The Success Fee is calculated as a percentage of the compensation recovered, as agreed in a separate fee schedule or claim agreement.
The Success Fee becomes immediately payable upon receipt of the settlement funds or court-awarded compensation.
3.3. Additional Costs
Any external costs or disbursements (such as court fees, expert reports, or third-party professional fees) will only be incurred with your prior approval. Where such costs are incurred and are not recoverable from the opposing party, you agree to reimburse these costs in accordance with a separate agreement or invoice.
4. Your Obligations
4.1. Information and Cooperation
You must:
Provide us with accurate, current, and complete information relevant to your claim.
Promptly disclose any material changes to your circumstances.
Cooperate fully with any requests for information, documentation, or evidence.
4.2. Good Faith
You warrant that you will act in good faith throughout the claims process and that you will not knowingly provide false or misleading information.
4.3. Exclusive Engagement
Unless otherwise agreed in writing, you must not appoint or engage any other individual or organisation to pursue the same claim during our representation.
5. No Guarantee of Outcome
While we endeavour to pursue claims diligently and in your best interests, we do not guarantee any particular outcome, including the likelihood of a settlement or the quantum of any compensation. All estimates regarding potential outcomes are provided on a strictly indicative basis.
6. Termination
6.1. Termination by You
You may terminate our services at any time by providing written notice. However, the Registration Fee remains non-refundable. If a settlement is imminent or if we have substantially progressed the claim, you may remain liable for any costs incurred and any Success Fee if the claim is ultimately successful after your termination.
6.2. Termination by Us
We reserve the right to terminate our representation if you fail to comply with these Terms, if you provide misleading or false information, or if we reasonably believe your claim has minimal likelihood of success. In such cases, we will notify you in writing, and no Success Fee will be payable unless settlement or compensation is subsequently achieved based on our prior work.
7. Regulatory and Legal Matters
7.1. Swiss Location and Exemption
GamClaim.org is located in Switzerland and operates under an exemption to the FCA’s regulatory regime. Therefore, we are not authorised or regulated by the FCA. We carry out claims management services on an unregulated basis under the relevant UK laws.
7.2. Regulatory Disclaimers
We do not provide regulated financial services or investment advice.
We do not hold any client funds on deposit beyond the administrative fees and any settlement sums owed to you.
We are not covered by the UK Financial Ombudsman Service or the Financial Services Compensation Scheme.
7.3. Governing Law
To the extent permissible, these Terms are governed by and construed in accordance with the laws of England and Wales. By engaging our services, you agree to submit to the exclusive jurisdiction of the courts of England and Wales, except where local mandatory laws require otherwise.
8. Liability and Indemnity
8.1. Limitation of Liability
We shall not be liable to you for any loss, damage, or expense arising from your use of our services, except where such loss is caused by our proven negligence or wilful misconduct.
Our total liability in any claim shall not exceed the total fees paid by you and, where applicable, any Success Fee paid to us.
8.2. No Liability for Third Parties
We shall not be held responsible for any actions or omissions of third parties involved in your claim, including solicitors, experts, or consultants, whether recommended by us or chosen independently by you.
8.3. Indemnity
You agree to indemnify and hold harmless GamClaim.org, its agents, employees, and representatives against any liability, claim, cost, or expense arising from your breach of these Terms or from any misleading information you provide to us or third parties.
9. Confidentiality and Data Protection
9.1. Confidential Information
We treat all information provided by you in confidence and will not disclose it to any third party without your express consent, except where required by law or where necessary for the conduct of your claim.
9.2. Data Protection
We will process personal data in accordance with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) where relevant, as well as Swiss data protection regulations.
9.3. Record Retention
We retain records of all claims for a period necessary to fulfil our legal obligations and our internal record-keeping requirements, after which such records may be securely destroyed.
10. Complaints and Disputes
10.1. Complaints Handling
If you are dissatisfied with any aspect of our service, please contact us in writing. We will acknowledge your complaint and endeavour to resolve it in a timely and fair manner.
10.2. Dispute Resolution
Should any dispute arise relating to these Terms or our services that cannot be resolved through our internal complaints process, you agree to attempt mediation before resorting to litigation.
11. Miscellaneous
11.1. Entire Agreement
These Terms, together with any additional agreements or schedules referenced herein, constitute the entire agreement between you and GamClaim.org. They supersede any prior understanding or arrangements relating to your claim.
11.2. Severability
If any provision in these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
11.3. Assignment
We may assign or subcontract any of our rights or obligations under these Terms at our discretion, provided such assignment does not materially affect your rights.
11.4. Updates and Amendments
We reserve the right to amend these Terms from time to time. Any changes will be posted on our website (or otherwise communicated to you in writing), and continued use of our services after such amendments will constitute acceptance of the updated Terms.
12. Contact Details
For any questions, concerns, or notifications under these Terms, please contact us via:
Support@GamClaim.org