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Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Introduction

The Desktop Lawyer website (Website) is provided by Epoq Legal Ltd (ELL), company number 3707955, whose registered office is at Middlesex House, 29-45 High Street, Edgware, Middlesex, HA8 7UU.

These terms of use form part of the conditions (Conditions) that govern your use of the Website, and the services provided or offered to users of the Website (User Services), including the legal information articles (Law Guide) and the document preparation service (Document Preparation Service). Our policy relating to the capture and use of personal data (Privacy Policy) and the notice of ownership of intellectual property rights (Intellectual Property Rights Notice) as detailed on the Website each form a part of the Conditions. It is important that you read and understand the Conditions before you start to use the Website. You can print and keep a copy for your reference.

Reference to our, us and we on the Website is a reference to ELL.

By using the Website, you indicate that you accept the Conditions and that you agree to abide by them. If you do not agree to the Conditions, please refrain from using the Website.

Privacy Policy

We respect your privacy and permit you to control the treatment of your personal information. Please refer to the Data, cookies and privacy policy on the Website for our policy relating to the capture and use of personal data. Our Privacy Policy is expressly incorporated into the Conditions by reference.

Licence

We grant to you a non-exclusive, non-transferable, limited licence only to use the Website, in accordance with the provisions set out in the Conditions. All rights not expressly granted to you in the Conditions are reserved by us and, if applicable, our licensors.

Legal capacity

You represent and warrant that you possess the legal right, capacity and ability to agree to the Conditions and use the Website in accordance with them.

Website limitations

The content of the Website is provided for guidance and information purposes only and is not to be construed as advice. We do not in any way recommend that the products and services available on the Website are suitable for you in your particular circumstances.

Reasonable efforts will be made to keep the Website available for use and functioning efficiently and reliably; however we cannot guarantee any minimum levels regarding the performance, speed, reliability, availability, use or consistency of the Website because the Website depends on the internet, including networks, cabling, facilities and equipment that are not within our control. We will not be liable for any damage or loss suffered as a result of any interruption in the availability of the Website or reduction in performance levels.

Due to the nature of the internet and the possibility of third party interference, the Website is not guaranteed to be free of all viruses and technical defects of any description or any forms of computer misuse. We will not be liable for any damage or loss caused by such third party interference as a result of your use of the Website. You acknowledge that you are responsible for taking back up copies of your data and taking appropriate precautions to protect your computer systems against technical defects, viruses or computer misuse. In particular, without limitation, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

Website content

We aim to update the Website regularly and may change the content at any time. Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material. The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.

Website use

You warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by the Conditions, and any other notices appearing on the Website.

Without limitation, you must not, directly or indirectly:

  • misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, Adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website or disable or circumvent any access control or related process or procedure established with respect to the Website;
  • scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorised computer or network trespass without the express permission of the owners of such computer systems;
  • forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Website;
  • impersonate or falsely represent your association with any person, including a representative of ours;
  • disrupt or threaten the integrity, operation or security of any website, any computer or any internet system;
  • extract, gather, collect, or store personal information about others without their express consent;
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • use the Website in any way that breaches any applicable local, national or international law or regulation, or which is in any way unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
  • use the Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

Website access arrangements and security

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Conditions, and that they comply with them.

You are responsible for the security of any usernames, passwords or access codes that are required for you to access the Document Preparation Service and for ensuring that they are not misused. You must treat such information as confidential and you must not disclose it to any third party. You agree to notify us immediately of any unauthorised use of your access information and to provide assistance to us, as requested, to stop or remedy any breach of security related to your access information.

We shall not be liable for any losses you incur as a result of someone else's use of your access information, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your access information.

On no account should access information be used for gain - for example, by selling access to others to our services.

You may not use a third party's access information at any time.

You agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.

Our Remedies

Without limiting any of our other rights, we may suspend, restrict or terminate your use of the Website and disable your access information without notice if, in our sole and absolute discretion, we determine or believe that you have failed to comply with any of the Conditions.

We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.

Third party websites

If there are links from the Website to other websites operated by third parties, these are provided as a convenience only and we do not guarantee you will be able to access those other websites via any link on the Website. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party websites or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such sites, nor do we accept any responsibility for any damage or loss you may suffer as a result of your use of any third party websites. You acknowledge that you bear all risks associated with access to and use of content provided on a third party website.

You may not establish a link to this Website from any other website without our prior written consent.

Website access facility

We have a facility that enables us to access your user account, or any documents you have created or started, and perform actions as if we were you. We will only ever use that facility when it is necessary in order to action a support request that you have made to us, whether by email or by telephone. You consent to us using this facility in this way when you accept the Conditions. By accepting the Conditions, you also agree to comply with the instructions we may give you to ensure that the use of this facility is effective. For the avoidance of doubt, we shall not ever, unless you are on a telephone call with us at the time and specifically provide your consent, use this facility to accept any contractual terms or other legal acknowledgements, or to make any payments, on your behalf.

The Law Guide

The information contained in the Law Guide is for guidance and information only and is not to be construed as advice.

Although every effort is made to ensure that the Law Guide is accurate and reflects the law at the time of use, it may or may not reflect current events or changes in the law. Before you act or rely on the Law Guide, you should take advice. We disclaim all liability for actions taken or not taken based on the Law Guide.

Document Preparation Service

The Document Preparation Service does not provide legal advice nor does it represent a legal service. It is designed to collect relevant information and data to assist you in preparing a legal document (Document) online from a document template using an automated software solution.

When using the Document Preparation Service you will be asked a series of questions by a document assembly and drafting system (System). The answers you give will dictate the content of the Document produced automatically by the System from the document template. You alone are responsible for ensuring the answers or any information that you give are correct. You should make sure that all information supplied, including the identity of any parties or signatories, their age and capacity, is accurate. Since it is automated, the System can only use the answers which you supply, to produce your Document. You must carefully check that the Document produced, fully reflects your wishes. If it does not, you should not sign it.

All Documents should be used in conjunction with proper advice as to their suitability for your particular requirements and circumstances. We cannot be responsible if you use a Document, or alter or amend it, without seeking proper advice.

We disclaim all liability for actions taken or not taken based on a Document.

It is your responsibility to ensure that any Document is properly signed in accordance with any instructions that are provided to you.

The document templates available on this Website from which Documents can be created by you using the System have been prepared to produce Documents that comply with the law of a particular jurisdiction only, as is clearly indicated on every document template. These jurisdictions are either that of England and Wales, Northern Ireland or Scotland. A reference in the Conditions to the chosen jurisdiction is a reference to the jurisdiction chosen by you when selecting a template and/or while using the System to create a Document from a template.

If any person or entity that is to sign a Document is outside the chosen jurisdiction, it is your responsibility to ensure that any Document is properly signed in accordance with the requirements of that jurisdiction where those requirements prevail.

Documents are prepared for use in accordance with the law of the chosen jurisdiction. You should not use them in any other jurisdiction, or if property the Document deals with is outside the chosen jurisdiction.

We recommend that before reusing a Document you check the Website to ensure that it was created from the latest version of the relevant template. If we have replaced the template with a revised version, we recommend that you obtain the latest version.

Documents completed online will be stored for a minimum period of six years. After this period you may not be able to obtain online access to your Documents, and they may be deleted. We reserve the right to levy a reasonable recovery charge in respect of any Documents that are capable of being recovered. If you have not logged in to the Website for a period of twelve months or more, then we reserve the right to store your Documents offline and levy a reasonable recovery charge for you to access them again.

We will not have any responsibility for the following:

  • verifying your authority or capacity to create a Document, or your answers or any information given by you when using the Document Preparation Service;
  • proofreading data you have input for typographical errors;
  • any alterations made by you or on your behalf to a Document once it has been made available to you;
  • supervising or checking the due and proper signing of any Document;
  • any use of a Document or execution of a Document by a person or entity outside of the chosen jurisdiction;
  • any adverse consequences if you use any Document without taking appropriate legal advice as to its suitability for your particular circumstances; or
  • undertaking any future review of any document or for providing any ongoing advice, legal or otherwise, as to the continued effectiveness for legal, taxation or any other purpose of any Document.

Where the Document is a will:

There is no obligation or duty to supervise its signing or to take responsibility for the will being correctly executed. You will be provided with instructions on how to sign the will in accordance with the law of the chosen jurisdiction.

Also, with respect to a will, we have no responsibility and will accept no liability for verifying:

  • the identity of the testator;
  • that the testator is over 18 years of age;
  • the testamentary and/or mental capacity of the testator;
  • whether the testator or any other person was subject to any undue influence when using the Document Preparation Service;
  • whether the testator knew, understood and approved the contents of their Will; or
  • whether there were or might be any actual or potential third-party beneficiary(ies) who might have a claim in law against the estate.

We do not assume any responsibility nor will we accept liability for failing to provide later advice on the terms of any will prepared using the Document Preparation Service should future taxation changes or any other changes in the law render their terms inappropriate. The responsibility for future reviews of the terms of your will rests with you.

Where the document is a power of attorney:

We have no responsibility and will accept no liability for verifying the capacity of the donor or whether the donor was subject to any undue influence when using the Document Preparation Service.

No solicitor/client relationship

No solicitor/client relationship is established by use of the Website. Sending or receiving information through the Website does not establish a solicitor/client relationship.

We provide an automated software solution to persons who choose to prepare their own legal documents. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defences, options or strategies, or apply the law to the facts of your particular situation. We are not a law firm.

Furthermore, the law is a personal matter, and no general information or automated solution of the sort that we provide can fit every circumstance. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our automated solution, you should consult a solicitor.

Intellectual property

Use of the Website and the content on the Website and the User Services is subject to the Intellectual Property Rights Notice on the Website.

Liability limitations

The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:

  1. any breach of the Conditions; or
  2. your use of the Website or any software accessed through the Website;
  3. your use of the User Services; or
  4. any representation, statement or tortious act or omission (including without limitation negligence) arising under or in connection with the Conditions, the Website or the User Services.

Except as expressly and specifically provided in the Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Conditions.

Nothing in the Conditions shall exclude or limit:

  1. liability arising from death or injury to persons caused by negligence; or
  2. liability arising as a result of fraud or gross negligence to which no limit applies; or
  3. any other liability which cannot be excluded or limited under applicable law.

We shall not be liable for:

  1. any loss for which liability is disclaimed elsewhere in the Conditions;
  2. loss of profits;
  3. loss of business;
  4. depletion of goodwill or similar losses;
  5. loss of anticipated savings;
  6. loss of goods;
  7. loss of use;
  8. loss or corruption of data or information;
  9. any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

If we are held liable to you for any loss or damage, such liability shall in all cases be limited to the payment of an amount not exceeding £50,000, including costs and expenses in respect of any one claim. For the avoidance of doubt, a claim shall be defined as a claim or a series of claims (whether by one or more claimant) arising from, or in connection with, or attributable to, any one act, error, omission or originating cause or source or the dishonesty of any person or group of persons acting together, and any such series of claims shall be deemed to be one claim for all purposes under this clause.

You acknowledge that these exclusions and/or limitations are reasonable having regard to the fact that the Website, the Law Guide and the Document Preparation Service are available at no or low cost

Right to cancel

You have the right to cancel any service that you purchased on the Website within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day that you purchased the service.

To exercise the right to cancel, you must inform us of your decision to cancel the service by a clear statement (e.g. a letter sent by email or post). A cancellation form can be downloaded from the 'Contact us' page - you may use this form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

If you cancel a service, we will reimburse to you all payments received from you for that service.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the service.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

If you asked us to begin to provide the service during the cancellation period, you shall pay us an amount for what has been performed up to the date that you exercised your right to cancel that is in proportion to the full amount payable for the service.

Modifications

From time to time, we may restrict access to some parts, or all, of the Website.

We reserve the right to change the terms, conditions, and disclaimers under which the Website or any User Service is offered. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

This right shall not affect the then existing terms and conditions accepted by you when using the Website or accessing a User Service on a previous occasion.

These terms and conditions shall not affect your statutory rights as a consumer.

Waiver of rights and remedies

Our failure to insist upon or enforce strict performance of any provision of the Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of the Conditions. Our rights, powers and remedies in the Conditions, including without limitation the right to suspend, restrict or terminate any use of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.

Severability

If any provision of the Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

Assignment

We may at any time assign our rights or sub-contract our obligations under the Conditions, in whole or in part, without notice to you.

Force majeure

Neither of us will be responsible for a failure to fulfil our obligations under the Conditions or for delay in doing so if such failure or delay is due to circumstances beyond our reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.

Entire agreement

The Conditions, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, including but not limited to the Privacy Policy, constitute the entire agreement between us and you with respect to the matters referred to in the Conditions and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.

English language

The Conditions (and all communications) are in English.

Governing law

The Conditions shall be governed by, and will be construed in accordance with, English Law, and the English courts shall have jurisdiction in any legal proceedings. We retain the right to bring proceedings against you for breach of the Conditions in your country of residence or any other relevant country.

Contact us

If you have any questions about the Conditions, please contact us at support@desktoplawyer.co.uk.

We are committed to providing quality services and products. However, in the event that you have a complaint in relation to services or products available from the Website, please follow the Complaints Procedure.

Your agreement

Your use of the Website or of the User Service signifies your consent and agreement to the Conditions.

Updated 3 February 2017