1.1. To register, access and/or use Garfield: (1) you represent and warrant that you have read and you consent to our Privacy Notice; (2) you must be, and you represent and warrant that you are, at least eighteen years old; and (3) you must have, and on an going basis during your use of Garfield you represent and warrant that you have, capacity within the meaning of the Mental Capacity Act 2005.
1.2. If you use Garfield on behalf of another person or entity, you must have their authority to accept these Terms on their behalf and you hereby represent and warrant to us on every occasion where you access and/or use Garfield that you have their authority.
1.3. You must provide accurate and complete information to register for an account. You may not make your account, username or password available to anyone else and you are responsible for all activities that occur using your account, username and password.
1.4. You may access, and we grant you a non-exclusive and non-transferable right to use, Garfield in accordance with these Terms. You shall comply with these Terms and all applicable laws and regulations when using Garfield.
1.5. By using Garfield, you agree both for yourself and on behalf of your Organisation to comply with and be bound by these Terms, and agree that you have read and understood them and the documents they refer to. If you or your Organisation do not agree with these Terms, you must not access or use Garfield.
2.1. You must: (1) only Input truthful and accurate information into Garfield; (2) only provide Input in the English language; (3) provide in a timely fashion and in electronic format any documents or other information required to progress your Claim; (4) carefully check any Output provided for factual errors (and correct any Output where necessary); (5) not permit any Output to be sent to any third party if it is not factually accurate; (6) not mislead any other party; (7) only initiate and/or pursue a Claim providing the debt(s) in issue are genuine bonafide debt(s) incurred properly in the course of business or trade; (9) not seek to enter any malicious Input; and (10) not seek to use Garfield other than for the purpose of commencing and/or progressing a Claim.
2.2. You accept that machine learning and artificial intelligence are rapidly advancing areas and that due to the probabilistic and/or statistical nature of machine learning, use of Garfield may in some situations result in so-called "hallucinations" or Output that does not accurately reflect fact. As stated in clause 2.1, it is your responsibility to check facts before using any Output.
2.3. You accept that Garfield is not a lawyer (or a human). In respect of a Claim, Garfield can assist you in populating chasing letters and letters before action, in answering any questions you have about pursuing a small debt claim and in preparing responses to any letter from the debtor. Garfield does not assist you in pursuing any Claim beyond a pre-action stage and cannot assist you in commencing or pursuing a small claim in Court. Garfield cannot and does not provide merits advice to you, i.e. Garfield cannot tell you if you are going to win or lose any Claim or predict the outcome (including but not limited to giving you percentage or other prospects of success). If you require merits advice, you agree to consult a solicitor or barrister admitted in England and Wales. You accept that Garfield should not be considered a substitute for the advice of a solicitor or barrister or other appropriately qualified professional. You agree that we have no obligation to provide any solicitor or barrister to act for you in any Claim and that the sole provision of services to you is by way of permitting you access to Garfield on these Terms.
2.4. Garfield may include features which integrate with a third party's applications, software, or services or otherwise allows Garfield to interoperate with the same. Garfield disclaims any and all liability relating to the availability or use of such third party's applications, software or services and the functionality of such integrations.
2.5. We do not permit you or any other party to bring onto Garfield any Claim that has not been commenced and progressed via any process other than by use of Garfield.
2.6. Regrettably, we only support the English language and so: (a) all prompts entered into Garfield must be in the English language; and (b) any Claim pursued by Garfield in Wales will have to be in the English language.
2.7. Unless otherwise expressly permitted by us in writing, you may not: (1) sell, sublicense, distribute, display, store, copy, modify, decompile or disassemble, reverse engineer, translate or transfer Garfield or the materials Garfield produces, in whole or in part, or as a component of any other product of service, (2) use Garfield or the materials on it to create any derivative works or competitive products; (3) allow any third parties to access, use or benefit from Garfield or materials on it in any way; and/or (4) use any programmatic, scripted or other mechanical means to access Garfield or the materials on it or otherwise deploy software applications to run automated tasks on Garfield; (5) use Garfield in a manner that, in our reasonable opinion, is abusive, illegal or threatens the integrity or performance of Garfield.
2.8. You represent and warrant that you will use Garfield only in compliance with applicable laws and regulations. Although we have no obligation to monitor your use of Garfield, we retain the right to do so and may prohibit any use of Garfield that we believe (in our sole discretion) may be (or alleged to be) in violation of these Terms.
11.1. We will only provide Garfield to you and we will not accept any liability to any person other than you and/or your Organisation.
11.2. If a claim arises, connected to Garfield, you can only claim against us, not against any of our employees, consultants, shareholders, directors, agents or barristers. Each category of persons referenced in this clause can enforce it under the Contracts (Rights of Third Parties) Act 1999.
11.3. We will not be liable to you for any indirect or consequential loss or damage or for any loss of profits.
11.4. Subject to clauses 11.1, 11.2 and 11.3, and save as stated in clause 11.5, our total liability to you and your Organisation for any loss, liability or damage in respect of any Claim, howsoever caused (whether in contract or tort, including but not limited to negligence, misrepresentation, restitution or breach of statutory duty) shall be limited to £10,000.
11.5. Nothing in this clause 11 shall limit or exclude any liability that by law or regulation cannot be limited or excluded such as (without limitation) for fraud on our part, or for death or personal injury caused by our negligence.
15.1. We shall have no liability to you under these Terms if we are prevented from or delayed in performing our obligations under these Terms, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), epidemic, pandemic, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
20.1. Claim means a Small Debt Claim.
20.2. Garfield means the web and/or app based provision by us of a software implemented machine learning based system to you for assisting a claimant to pursue a Claim. Based on input by you, it includes the preparation of letters chasing debts and letters before action, the preparation of correspondence in reply to letters sent by a debtor responding to chasing letters and letters before action, and the provision by way of machine learning of answers to questions you may ask about small debt Claims. It does not include the provision to you of any:20.2.1. services relating to the commencement or pursuit of a small debt claim in the English Courts;
20.2.2. advocacy service in Court;
20.2.3. merits advice;
20.2.4. enforcement of any English Court Order or judgment;
20.2.5. the appeal from any English Court Order or judgment;
20.2.6. other service (including but not limited to legal services, tax services or accounting services).
20.3. Input means input you have provided to Garfield being, namely, information, data and/or documents you provide and/or upload to Garfield.
20.4. Output means input you have provided to Garfield being, namely, information, data and/or documents you provide and/or upload to Garfield.
20.5. Small Debt Claim means a debt claim for less than £10,000 (inclusive of interest thereon) pursued by you or your Organisation against a debtor, issued via Garfield by way of a pre-action letter before action.
20.6. Terms means these Terms of Services, as may be amended from time to time pursuant to clause 18.1.
20.7. We or Us means Project Garfield Limited, a company incorporated in England under company number 14848790.
20.8. You means the user who is registering or has registered to use Garfield.
20.9. Your Organisation means the organisation you work for.