WitnessMatch Terms & Conditions (“T&Cs”)

Effective date: 28 July 2025

1  Acceptance of Terms

1. By registering for an account, browsing the directory or otherwise using the Service you confirm that you have read, understood and agree to be bound by these Terms and any documents they reference.
   
   
2. If you do not agree, you must not use the Service. Continued use after updated Terms are posted constitutes acceptance of the revisions.
   
   

2  Service Description

WitnessMatch – a service provided by TrustedPsych Ltd (company no. 15705041; registered office: 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ) – is an online directory and matching platform that introduces legal professionals to independent expert witnesses (“Experts”). We:

• provide searchable listings of Experts and their profiles;
  
  
• offer subscription-based tools to contact Experts and manage enquiries; and
  
  
• supply related resources such as scheduling, messaging and payment processing (“Platform Features”).
  
  

We do not act as agents for Experts, warrant their credentials, or guarantee case outcomes.

3  User Obligations

Accurate information – supply complete, truthful and up-to-date details in your profile.

Prohibited conduct – you must not:

• create a false identity, misstate qualifications or impersonate anyone;
  
  
• post unlawful, defamatory, discriminatory or otherwise objectionable content;
  
  
• scrape, harvest, reverse-engineer or interfere with the Service;
  
  
• circumvent security measures or payment requirements; or
  
  
• use the Service for any purpose that breaches applicable laws or professional rules.
  
  

You are responsible for all activity carried out under your account.

4  Intellectual Property

• All software, branding, databases and content created by or for WitnessMatch remain our exclusive property.
  
  
• “User Content” (anything you upload) is licensed to WitnessMatch on a world-wide, non-exclusive, royalty-free basis so we can operate, improve and promote the Service.
  
  
• Experts retain ownership of any reports or opinions they supply to clients.
  
  

5  Account Management

• Eligibility: 18 years + and legally capable of entering contracts.
  
  
• Security: keep login credentials confidential and notify us immediately of unauthorised use.
  
  
• We may suspend or require you to update account details to satisfy verification standards.
  
  

6  Payments & Subscriptions

• Access to certain Platform Features is offered on free, monthly or annual tiers, priced in GBP and inclusive of VAT unless stated otherwise.
  
  
• Subscriptions renew automatically unless cancelled before the renewal date.
  
  
• Payments are non-refundable once a term has begun (except as required by law).
  
  
• We may suspend access until outstanding fees are paid.
  
  

7  Expert Listings

• Experts are solely responsible for the completeness and accuracy of their profiles.
  
  
• Directory inclusion does not equal our endorsement; perform your own due diligence.
  
  

7A  Expert Insurance Obligations

Experts must maintain, for the duration of their listing and any ensuing instructions, adequate professional indemnity, public liability and cyber insurance that is appropriate to the nature and value of the work undertaken. Experts agree to:

• obtain such cover before accepting any instruction found through WitnessMatch;
  
  
• keep the policies in force for at least six years after completion of the last matter arising from a WitnessMatch contact; and
  
  
• supply evidence of cover to TrustedPsych Ltd or an Instructing Party within five business days of a written request.
  
  

Failure to maintain insurance may lead to suspension or removal from the directory.

8  Disclaimers & Limitation of Liability

• WitnessMatch is not a law firm and provides no legal advice.
  
  
• The Service is provided “as is” without warranties of accuracy, completeness, fitness for purpose or non-infringement.
  
  
• We are not liable for indirect or consequential losses; our aggregate liability in any 12-month period is capped at the greater of £500 or the total fees you paid us in that period, except for liabilities that cannot legally be limited.
  
  

9  Termination

• By you: close your account any time; closure takes effect at the end of the current paid term.
  
  
• By us: we may suspend or terminate access immediately for breach, non-payment or Service discontinuation.
  
  
• Clauses on IP, payments owed, disclaimers, limitation-of-liability, governing law and dispute resolution survive termination.
  
  

10  Governing Law

English law governs these Terms and related non-contractual obligations.

11  Dispute Resolution

• Parties first attempt settlement by negotiation.
  
  
• Failing that, the courts of England and Wales have exclusive jurisdiction (consumers in the UK/EU may rely on mandatory local rights).
  
  

12  Changes to These Terms

We may amend Terms by posting an updated version and, for material changes, emailing registered Users. Continued use after the effective date signifies acceptance.

Questions? Email tom@witnessmatch.com.

Refund Policy

1  Scope

Applies to subscription fees, boosted-listing charges and any one-off purchases made via WitnessMatch.

2  Circumstances Eligible for Refund

• Duplicate transaction – evidence: payment-gateway log + bank statement → 100 % refund
  
  
• Platform-wide technical outage ≥ 24 h preventing access to paid features – evidence: internal incident report → pro-rata refund for the affected period
  
  
• Erroneous charge (e.g., wrong tier applied) – evidence: support ticket within 14 days → refund of the fee difference
  
  

3  Non-Refundable Situations

• Dissatisfaction with an Expert’s performance or availability
  
  
• Perceived lack of enquiries or revenue when the platform functioned normally
  
  
• Downgrading or cancelling after a paid term has begun (access continues until term-end)
  
  

4  Request Procedure

1. Email tom@witnessmatch.com within 30 calendar days of the charge.
   
   
2. Provide account ID, invoice number and supporting evidence.
   
   
3. We acknowledge within 2 business days and decide within 10.
   
   
4. Approved refunds are returned to the original payment method within 5 business days.
   
   

5  Statutory Rights

Nothing here affects rights under the Consumer Rights Act 2015 or other applicable law.

Cookie Policy

1  What Are Cookies?

Small text files stored on your device to remember preferences or measure site usage.

2  Cookies We Use

• Essential (e.g., __Host-session, csrf_token): login, security, form protection – session duration
  
  
• Analytics (e.g., _ga, _clck): understand traffic patterns – 13 months
  
  
• Marketing (e.g., fbp, gads): serve or suppress ads to previous visitors – 90 days
  
  

3  Legal Basis

Consent under PECR and Art 6 (1)(a) UK GDPR (strictly necessary cookies are exempt).

4  Managing Cookies

A banner on first visit lets you accept all, reject all or set preferences. Browser controls can also block or delete cookies; rejecting non-essential cookies will not affect core functionality but may limit analytics.

Acceptable Use Policy (AUP)

1  Permitted Use

Use WitnessMatch solely to post factual professional profiles, seek expert witnesses and exchange lawful messages related to litigation support.

2  Prohibited Content

• Personal data of patients, minors or unconsenting third parties
  
  
• Misleading qualifications, plagiarised materials or defamation
  
  
• Malware, spyware or any code intended to disrupt the Service
  
  

3  Prohibited Conduct

• Harvesting email addresses or scraping the directory
  
  
• Bullying, harassment or discriminatory remarks
  
  
• Attempting to reverse-engineer, probe or overload our infrastructure
  
  

4  Compliance

Users must comply with UK GDPR, the Data Protection Act 2018, the Copyright Designs & Patents Act 1988, and the Criminal Justice & Courts Act 2015.

5  Enforcement

Violations may lead to content removal, account suspension, regulator referral and/or legal action.

Disclaimer

WitnessMatch is an online directory and matchmaking tool only. It does not provide legal representation, legal advice or expert-verification services. All profile information is self-certified; use of any Expert is at your sole risk. WitnessMatch shall not be liable for financial loss, case outcomes or any indirect or consequential loss arising from introductions made through the platform.

Data Processing Agreement (DPA)

1  Parties & Roles

• TrustedPsych Ltd (t/a WitnessMatch) – “Processor” when handling personal data on behalf of Solicitor Users; “Controller” for its own operations.
  
  
• Solicitor or Expert User – “Controller” of any personal data inserted into messages or documents.
  
  

2  Processor Obligations

• Process data only on documented instructions.
  
  
• Implement security measures (see Privacy Policy).
  
  
• Ensure confidentiality commitments for authorised personnel.
  
  
• Assist Controllers with data-subject requests and DPIAs.
  
  
• Delete or return Controller data within 30 days of account closure unless UK law requires retention.
  
  

3  Sub-Processors

TrustedPsych Ltd may use the providers listed in the Privacy Policy and will give 14 days’ notice of changes so Controllers can object.

4  International Transfers

Any transfers outside the UK/EEA rely on ICO-approved SCCs or an adequacy decision.

5  Breach Notification

We will notify the Controller without undue delay (within 48 h) after becoming aware of a personal-data breach.

Expert Listing Agreement

1. Eligibility & On-Boarding – Expert warrants proper qualifications, insurance (see Section 7A of the T&Cs) and right to work.
   
   
2. Data Submission – Provide accurate, up-to-date information; do not upload patient data. Grant WitnessMatch a non-exclusive world-wide licence to display profile content.
   
   
3. Insurance – Maintain professional indemnity, public liability and cyber insurance at all times and supply evidence on request.
   
   
4. Obligations to Solicitors – Respond to enquiries within 3 business days; provide quotes and availability in good faith; notify WitnessMatch promptly of disciplinary action.
   
   
5. Independence – Expert remains an independent contractor; no employment or agency relationship is created.
   
   
6. Termination – WitnessMatch may delist for material breach; Expert may terminate with 14 days’ notice. IP, confidentiality and limitation-of-liability clauses survive termination.
   
   

Solicitor User Agreement

1. Purpose – Allows solicitors (“Instructing Parties”) to search, contact and instruct Experts.
   
   
2. Case Request Posting – Must omit personally identifiable information about clients or patients and describe required expertise truthfully.
   
   
3. Due Diligence – Solicitors are responsible for verifying an Expert’s credentials, conflicts and suitability (including proof of insurance).
   
   
4. Fees & Engagement – Any engagement contract is solely between Solicitor and Expert; WitnessMatch is not a party.
   
   
5. Feedback & Reviews – Must be factually accurate, non-defamatory and compliant with CPR 35 and SRA rules.
   
   
6. Accountability – Solicitor indemnifies WitnessMatch against claims arising from unlawful or negligent platform use, including breaches of patient confidentiality.
   
   

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