Terms of Use

("Terms")

  1. Disclaimer
    1. The content on this website is provided by Litwyn in good faith for general information purposes only and is not intended to constitute or substitute professional advice, especially legal or financial advice.
    2. None of the content on this website is an offer to sell, or a solicitation of an offer to buy, any securities of Litwyn or any other company. Furthermore, nothing on this website should be interpreted as an offer to buy or sell, nor a solicitation of an offer to buy or sell, any security or other financial instrument.
    3. Litwyn does not accept liability for incorrect content or errors and omissions on this website, but will do anything possible to correct them after becoming aware of such.
    4. These Terms can not be restricted or modified by any stipulation made elsewhere on this website.
    5. This website is owned and operated by Wawrzyniec Gilewski Enterprise (referred to as "Litwyn", "we", "us" or "our"), Al. Niepodleglosci 107/109/43, 02-626 Warsaw, Poland, email: contact@litwyn.com.
    6. By visiting or using this website you accept and agree to be bound by these Terms. In accepting these Terms, you agree that these Terms and Litwyn’s Privacy Policy apply whenever you access or use this website.

  2. Services
      General
    1. Litwyn provides brokerage services to organizations and individuals seeking litigation finance for their commercial legal claims.
    2. The deals we facilitate involve providing cash advances in return for a portion of the money or other property that is recovered in respect of your claim, i.e. in case of a judgment or settlement favorable to you.
    3. All our partner funders provide litigation finance on a “no win, no fee” basis. This means it is a non-recourse advance, i.e. if your case is not concluded in your favor you do not have to repay the funds obtained. Also, you can not be liable to repay more than what you actually recover on your claim. Other terms may vary from agreement to agreement.
    4. We ourselves do not provide any direct funding. We also do not provide legal advice.
    5. Before we transmit your request to any funder you need to have a legal representative - without it no funder would review your claim and, thus, we would not be able to provide our services. We accept funding requests either from claimants directly or from their legal representatives. In case you are a legal representative, these Terms apply both to you and the claimant that you represent.

    6. Funding process
    7. We decide to transmit your request to our partner funders based on our internal assessment of:
      • the type of your claim,
      • the size of your claim,
      • the estimated legal costs of pursuing your claim,
      • the jurisdiction of your claim,
      • the documentary evidence available to support your claim.
    8. During the initial assessment by our partner funders, the information we transmit to them is anonymized, i.e. the identity of the parties is not being revealed.
    9. In case a funder expresses interest in your claim, the funder enters into a confidentiality agreement ("NDA") with both us and with you. Only when this condition is met we share with the funder the complete, disclosed information. On the funder's behalf we might ask you to provide more documents about the claim. These documents are then shared with the funder.
    10. We sollicit term sheets with general terms and pricing from each funder that entered into an NDA with you. We present these term sheets to you as soon as possible after we obtain them from funders.
    11. After all term sheets are collected we present you with our guidelines that help you to select the proper funder. Again, this is not legal advice. The decision to proceed with a chosen funder is your own.
    12. In order for us to be able to deliver a high quality service, we expect reasonable cooperation from you which can involve to supply information, to update us on any changes or actions taken during the course of our engagement or to enter into an agreement with a funder.
    13. Litwyn is not liable to you in any way in case we are unable to obtain any offer from funders, as this can never be guaranteed.
    14. Litwyn is free of any liability resulting from the funding agreement between you and the funder. We recommend that you obtain your own independent legal advice on the funding agreement before you sign it.
    15. Our services are free of charge to you. We receive commission fees from funders for successfully funded cases.

  3. Confidentiality
    1. Litwyn keeps all information relating to your claims confidential. That means all information that can reasonably be regarded as relating to your business, commercial activity, clients, partners, suppliers, products and services, marketing activities and opportunities, sales, operations, know-how, trade secrets, technology, intellectual property, which we become aware of as a consequence of your application for obtaining litigation funding through us.
    2. We do not copy or use confidential information in any way for any purpose other than in connection with our services. We do not disclose confidential information to any third party other than to litigation funders for the purpose of arranging litigation funding who are obligated to treat that information with the same level of confidentiality.
    3. The confidentiality rules do not apply to any confidential information that is within the public domain at the time of the disclosure, or enters the public domain not from our fault.

  4. Security
    1. Litwyn takes all reasonable steps to ensure the security of its systems. Any information processed by Litwyn is stored on secure servers. In the event the information was unlawfully observed by a third party while the data being transmitted over the internet or while stored on cloud based servers, Litwyn accepts no liability that may arise from third parties obtaining the information, subject to any negligence or breach of law on Litwyn’s behalf.

  5. User rights and intellectual property rights
    1. All rights in this website and the content on this website including copyright, database rights, trademarks and any other intellectual property rights are owned by or licensed to Litwyn.
    2. You may not, in any form or by any means:
      • adapt, copy, store, distribute, print, publish or create derivative works from any part of this website;
      • commercialize any information obtained from this website, without Litwyn's permission.

  6. Privacy policy
    1. These Terms incorporate, and should be read together with, Litwyn's Privacy Policy. Litwyn will use the personal data which you submit to us via this website in accordance with our Privacy Policy.

  7. Other issues
    1. You will indemnify Litwyn against all actions, costs, damages, losses and claims that Litwyn may suffer or incur as a result of any breach of these Terms by you.
    2. Litwyn may change these Terms and any amendment will be effective immediately. Your use of this website after any amendment constitutes your acceptance to comply with the altered Terms.
    3. If you have a question or complaint about this website, please contact us at: contact@litwyn.com.
    4. These Terms and any dispute arising out of or in any way relating to these Terms will be governed by the laws of Poland and the courts of Poland will have exclusive jurisdiction to resolve them.

The last update of these Terms was on 20 November 2019.


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