Cocoo Ltd – Membership Agreement
Date: [Date of Agreement]
Between:
Cocoo Ltd, a company registered in England and Wales with company number [Company Number] and registered office at [Registered Office Address] (“Cocoo”, “we”, “us”, “our”).
And:
[Full Name of Member] of [Address of Member], email address [Email Address of Member] (“Member”, “you”, “your”).
Background:
(A) Cocoo Ltd identifies potential group or collective legal actions arising from alleged wrongdoing by third parties (“Potential Claims”).
(B) Cocoo offers membership to individuals who may have been affected by such wrongdoing and who wish for Cocoo to investigate and potentially pursue or facilitate a Potential Claim on a collective basis.
(C) This Agreement sets out the terms and conditions of your membership with Cocoo.
(D) Cocoo is NOT a law firm. Cocoo has an in-house solicitor who advises Cocoo Ltd on its legal rights and obligations. This Agreement does not create a solicitor-client relationship between Cocoo’s in-house solicitor and you, the Member, for the provision of personal legal advice to you. Cocoo may, in its efforts to pursue a Potential Claim, engage external solicitors and barristers to act on behalf of the group of members (including you), and separate terms regarding that legal representation would apply.
1. Purpose of Membership
1.1 By becoming a Member, you agree to allow Cocoo to:
(a) Investigate a Potential Claim relevant to you, as identified by Cocoo.
(b) Collate your information with that of other members to assess the viability of pursuing the Potential Claim.
(c) Seek to gain locus standi (the right to bring a legal action) to represent a class of affected individuals, including you, in relation to the Potential Claim, or to otherwise facilitate such a claim.
(d) Communicate with you regarding the Potential Claim and your membership.
2. Cocoo’s Obligations
2.1 Cocoo will use reasonable endeavours to assess the Potential Claim based on information provided by you and other members.
2.2 Cocoo will act in what it believes to be the best interests of the group of members collectively in relation to any Potential Claim it decides to pursue or facilitate.
2.3 Cocoo will maintain the confidentiality of your Personal Information and Case Information in accordance with Clause 5 and protect your data in accordance with Clause 6.
3. Member’s Obligations
3.1 You warrant that all information you provide to Cocoo is true, accurate, and complete to the best of your knowledge.
3.2 You agree to promptly provide any further information or documentation reasonably requested by Cocoo in relation to the Potential Claim.
3.3 You agree to cooperate with Cocoo and any legal representatives appointed by Cocoo in relation to the Potential Claim.
3.4 You will inform Cocoo promptly of any changes to your contact details or any information relevant to the Potential Claim.
3.5 You agree not to disclose Confidential Information (as defined in Clause 5.3) provided by Cocoo to any third party without Cocoo’s prior written consent, unless required by law.
4. No Guarantee
4.1 Membership does not guarantee that Cocoo will pursue any Potential Claim. The decision to pursue or facilitate a Potential Claim rests solely with Cocoo.
4.2 Membership does not guarantee any successful outcome or financial recovery in relation to any Potential Claim. All legal action carries risks.
5. Confidentiality
5.1 “Personal Information” means your name, contact details, and any other information that identifies you personally.
5.2 “Case Information” means information and documents you provide to Cocoo relating to the specifics of your potential inclusion in the Potential Claim, including details of alleged harm or loss.
5.3 “Confidential Information” includes your Personal Information, your Case Information, and any non-public information provided by Cocoo to you concerning its investigation, strategy, or the pursuit of the Potential Claim.
5.4 Cocoo’s Duty of Confidentiality to You:
(a) Cocoo will treat your Personal Information and Case Information as confidential.
(b) Cocoo will use your Personal Information and Case Information solely for the purposes outlined in this Agreement, including assessing, preparing, pursuing, and managing the Potential Claim, and communicating with you.
(c) Cocoo will not disclose your Personal Information or Case Information to any third party except:
(i) To its employees, officers, and its in-house solicitor on a need-to-know basis for the purposes of the Potential Claim.
(ii) To external solicitors, barristers, legal experts, litigation funders, After-The-Event (ATE) insurers, claims administrators, courts, tribunals, mediators, arbitrators, regulatory bodies, or a steering committee formed in a Group Litigation Order, who are involved in the Potential Claim and are themselves bound by duties of confidentiality or LPP.
(iii) If required by law, court order, or any relevant regulatory authority.
(iv) With your express prior consent.
(v) In an anonymised or aggregated form for statistical or strategic analysis.
5.5 Purpose Analogous to LPP: While this confidentiality clause is a contractual commitment and distinct from statutory Legal Professional Privilege (LPP), its purpose is to ensure that information you provide for the Potential Claim is protected from unnecessary disclosure and used strategically for the benefit of the group, mirroring the protective function LPP provides in formal legal relationships. LPP will protect confidential communications between Cocoo Ltd and its appointed legal advisors (in-house or external) concerning legal advice sought or provided for the Potential Claim.
5.6 Your Duty of Confidentiality to Cocoo: You agree to keep confidential any non-public information Cocoo provides to you about its strategies, investigations, or other operational details related to the Potential Claim, unless such information is already lawfully in the public domain or you are required by law to disclose it.
6. Data Protection
6.1 Data Controller: Cocoo Ltd is the data controller for the Personal Information and Case Information you provide.
6.2 Purposes of Processing: We will process your Personal Information and Case Information for the following purposes:
(a) To manage your membership and communicate with you.
(b) To assess your eligibility for and the viability of the Potential Claim.
(c) To group your information with that of other members for the Potential Claim.
(d) To investigate, prepare, pursue, manage, and (if applicable) settle the Potential Claim.
(e) To comply with our legal and regulatory obligations.
(f) To engage with legal professionals, funders, insurers, and courts as necessary for the Potential Claim.
6.3 Legal Basis for Processing:
(a) Your consent to this Agreement provides a basis for processing your data for the outlined purposes.
(b) Processing may also be necessary for Cocoo’s legitimate interests in pursuing the Potential Claim on behalf of its members, or for compliance with a legal obligation, or for the establishment, exercise, or defence of legal claims.
(c) Where we process special categories of data (e.g., health information, if relevant to the claim), we will do so only where necessary for the establishment, exercise, or defence of legal claims, or with your explicit consent for a specified purpose.
6.4 Data Sharing: As outlined in Clause 5.4(c). We will ensure any third parties with whom we share your data have appropriate data protection measures in place. We will not sell your data.
6.5 Data Security: We will implement appropriate technical and organisational measures to protect your Personal Information and Case Information against unauthorised or unlawful processing, accidental loss, destruction, or damage.
6.6 Data Retention: We will retain your Personal Information and Case Information for as long as necessary for the purposes of the Potential Claim, and thereafter as required by law or for our legitimate archival or analytical purposes (potentially in an anonymised form). If you withdraw from membership, or if a Potential Claim does not proceed, we will retain your data in accordance with our data retention policy, taking into account any ongoing legal or regulatory requirements.
6.7 Your Rights: You have rights under data protection law, including the right to access, rectify, erase, restrict processing of, or object to the processing of your Personal Information, and the right to data portability. To exercise these rights, please contact our Data Protection Officer at [DPO Email Address/Contact Details]. You also have the right to lodge a complaint with the Information Commissioner’s Office (ICO).
6.8 International Transfers: If it becomes necessary to transfer your data outside the UK/EEA for the purposes of the Potential Claim, we will ensure appropriate safeguards are in place as required by data protection law.
7. Costs and Financial Contribution
7.1 Membership of Cocoo is free.
7.2 Cocoo will provide you with separate information regarding any proposed funding arrangements for a Potential Claim, including how legal costs, disbursements, and any success fees or litigation funding commissions would be handled if the claim is successful or settles. You will not be asked to make any upfront payment to Cocoo for the legal costs of pursuing a Potential Claim unless specifically agreed with you in separate, clear terms (e.g., in relation to a specific funding or insurance agreement you may choose to enter).
8. Withdrawal and Termination
8.1 You may withdraw your membership at any time by providing written notice to Cocoo.
8.2 Cocoo may terminate your membership if you breach a material term of this Agreement, or if Cocoo determines, in its reasonable opinion, that your continued membership is not in the best interests of the group or the Potential Claim.
8.3 Upon withdrawal or termination, your obligations of confidentiality regarding information provided by Cocoo shall survive. Cocoo’s obligations regarding your data will continue as per Clause 6.
9. Limitation of Liability
9.1 Cocoo’s liability to you in connection with this Agreement and your membership (except for breach of its data protection or confidentiality obligations causing direct financial loss, or for death or personal injury caused by its negligence, or for fraud) shall be limited. Cocoo is primarily a vehicle for assessing and facilitating Potential Claims and does not provide legal advice to you as an individual member.
10. General
10.1 Entire Agreement: This Agreement constitutes the entire agreement between you and Cocoo regarding your membership.
10.2 Variation: Cocoo may vary these terms by giving you reasonable written notice. If you do not agree to the varied terms, you may withdraw your membership.
10.3 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
By signing up for membership with Cocoo Ltd (e.g., by ticking a box on our website acknowledging these terms), you confirm that you have read, understood, and agree to be bound by the terms of this Membership