Terms of use

General

Terms and Conditions

This Terms of Use notice forms part of the Terms and Conditions ('Conditions') that govern your access and use of the Law Assistance Website (this 'Website') or any part thereof or any service offered thereon. By accessing this Website, you acknowledge that you have read, understood and confirmed your acceptance of all the parts, as listed at the bottom of this Website, which collectively make up the Conditions. It is important that you read and understand the Conditions before you start to use this Website. You may print and keep a copy of the Conditions for your reference. If you do not agree with all parts of the Conditions then you are not authorised to use this Website.

Service provider

This service is provided by Epoq Legal Ltd registered in England and Wales under company number 3707955 with registered office at Middlesex House, 29-45 High Street, Edgware, Middlesex, HA8 7UU ('ELL').

Use of this Website and the Law Guide & Documents

The content of this Website as contained in the online Law Guide and the Documents ('Content') made available thereon is provided for guidance and information purposes only and is not to be construed as advice. ELL does not in any way recommend that the products and services available on this Website are suitable for you in your particular circumstances.

Documents available on this Website have been prepared by ELL. While every care has been taken in preparing the Documents, they may have to be tailored to suit your particular circumstances.

The basis on which you acquire or make use of any Document is that the Document is suitable to be used by you in conjunction with proper legal advice as to its application and adaptation for your particular requirements. The Documents are not made available to you on any other basis.

Please note that the Documents are prepared in compliance with the law of a particular jurisdiction only, as is clearly indicated on every Document. These jurisdictions are either that of England and Wales, Northern Ireland or Scotland. You must use a Document only for and in the particular jurisdiction for which it is intended and as indicated on it. The Documents will not be suitable in other parts of the UK or abroad. You should not use them if;

  • any person who is to sign the Document is; or
  • the property which the Document deals with is situated;

outside the particular jurisdiction for which the Document was prepared.

Access to this Website

Reasonable efforts will be made to keep this Website available for use; however access is not guaranteed to be available all the time. ELL will not be liable for any damage or loss suffered as a result of any periodic unavailability of this Website.

Due to the nature of the internet and the possibility of third party interference, this Website is not guaranteed to be free of all viruses and technical defects of any description or any forms of computer misuse. ELL will not be liable for any damage or loss caused by third party interference as a result of your use of this 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.

If, at any time, there are links from this Website to other websites operated by third parties, ELL does not guarantee you will be able to access the other websites via any link on this Website. ELL does not guarantee the content or accuracy of any third party's website, nor does ELL accept any responsibility for any damage or loss you may suffer as a result of your use of that website.

User Services

1. The Law Guide

The information contained in the online 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 online 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. ELL disclaims all liability for actions taken or not taken based on the Law Guide

2. Document Preparation Service

The on-line Document preparation service ("Document Preparation Service") enables you to draft a Document ('Document(s)'). It does not provide legal advice nor does it represent a legal service. It is designed to collect relevant information and data to assist in the preparation of a legal Document. It is designed for use by persons who do not have complex legal requirements.

The Document Preparation Service uses a Document assembly and drafting system ("the System").

When using the Document Preparation Service you will be asked a series of questions by the System. The answers you give will dictate the content of the Documents produced by the System. You alone are responsible for ensuring that the answers or any information that you give, is correct (this includes information in relation to the identity of any parties or signatories, their age or capacity). The System relies on you providing the correct information.

You must carefully check that the Document produced, fully reflects your wishes. If it does not, you should not execute it. It is your responsibility to ensure that any Document is properly executed in accordance with the instructions that are provided to you.

ELL recommends that before reusing a Document you check the Website to ensure that you have the latest version. If ELL has replaced it with a revised version, you should upgrade to the latest version.

Documents that you have completed online using the Try Before You Buy service (Trial Documents) will be stored online for a minimum period of two years; other Documents completed online will be stored for a minimum period of six years. After these periods you may not be able to obtain access to your Documents or Trial Documents, and they may be deleted. ELL reserves the right to levy a reasonable recovery charge in respect of any Documents or Trial Documents that are able to be recovered. If you have not logged in to the Website for a period of twelve months or more, then ELL reserves the right to store your Documents or Trial Documents offline and levy a reasonable recovery charge for you to access them again.

ELL will not have any responsibility for the following:

  • Verifying your answers or any information given by you when using the Document Preparation Service
  • Proof reading any 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 execution of any Document
  • Any use of a Document or execution of a Document by a person or entity outside of the jurisdiction or country it is drafted to be used in
  • Any adverse consequences if you use any Document without taking appropriate legal advice as to its suitability for your particular circumstances
  • Undertaking any future review of any Document or to provide any advice, legal or otherwise, as to the continuing effectiveness for legal, taxation or any other purpose of any Document

3. Pay As You Go

Two groups of Documents and linked services ('Content Schemes'), being Personal law and Business law, are available to you on the Website.

If you register on the Website with a voucher code, which you have received from your insurance provider, then any discounts your registration entitles you to will be applied to the prices once you have registered and logged into the Website.

If you register without a voucher code the Documents in the Content Schemes are only available on a pay-per-use basis. ('Pay-as-you-go' or 'PAYG").

If you do wish to purchase a Document you will have the opportunity to select the Document and then purchase it through the shopping basket provided. After purchasing it the Document will be added to your 'My templates' page where you can start creating your new Document. If you started a Document without completing it and wish to continue with it on a later date, you will find it your 'My Documents' page.

4. Website Access facility

ELL has a facility that enables it to access your account, or any Documents you have created or started, and perform actions as if they were you. ELL will only ever use that facility when it is necessary in order to action a support request that you have made to ELL, whether by email or by telephone. You consent to ELL using this facility in this way when you accept the Conditions. By accepting the Conditions, you also agree to comply with the instructions ELL may give you to ensure that the use of this facility is effective. For the avoidance of doubt, ELL shall not ever, unless you are on a telephone call with them 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.

Complaints

ELL is committed to providing quality services and products. However, in the event that you have a complaint in relation to services or products available form this Website you should follow the procedure detailed in the Complaints Procedure on this Website.

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 ELL 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, ELL will reimburse to you all payments received from you for that service.

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

ELL 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 ELL to begin to provide the service during the cancellation period, you shall pay ELL 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

Privacy Policy

Please refer to the Data and Privacy Policy on this Website for the terms of ELL's Privacy Policy.

Website copyright and database rights

Please refer to the Copyright Notice on this Website.

Your use of the Content

Reproduction of part or all of the Content in any form is subject to the Copyright Notice on this website and is prohibited other than in accordance with the following terms:

  • You may print or download to a single local hard disk, extracts from the Content for your personal use or use in your business.
  • You may not sell or make a commercial profit by selling or exploiting in any way any Content
  • You may not use any data mining, robots or similar extraction methods in relation to the Content.
  • You must not remove any proprietary notices from such extracts.
  • You are not permitted to copy, broadcast, download, store (in any medium), transmit in any form or by any means, electronic, mechanical, recording or otherwise, show or play in public, adapt or change in any way, the Content or any other part of this Website for any purpose whatsoever in breach of the Conditions or the terms of the agreement you have with ELL, without the prior written permission of ELL.
  • Any software or applications may only be used as is expressly or impliedly licensed, and you may not modify in any way, decompile, reverse engineer or resell it or any part thereof. The reproduction of all trademarks, both registered and unregistered is strictly prohibited.

Any application in relation to the licensing of the Content of any of these website pages (other than detailed above) should be addressed to ELL at support@epoq.co.uk

Prohibited use

As a condition of your use of this Website, you warrant to ELL that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

General liability disclaimer

The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the following is hereby expressly excluded:

  1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
  2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it;
  3. any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
  4. any liability for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

If ELL is held liable for any loss or damage to you for or in relation to the provision of or failure to provide a User Service, whether in contract or negligence or any form of liability, such liability shall in all cases be limited to the payment of an amount not exceeding £50,000 (fifty thousand pounds) in respect of any one claim or series of connected claims.

This does not affect ELL's liability for death or personal injury arising from ELL's negligence, nor liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

You acknowledge that the exclusions and/or limitations in these Conditions are reasonable having regard to the fact that the Website, the Law Guide, and the Document Preparation Services are freely accessible and available at no or low cost.

Modifications

ELL reserves the right to change the terms, conditions, and disclaimers under which this Website or any service offered through it is offered. This right shall not affect the existing terms and conditions accepted by you upon making a legitimate purchase using this Website.

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

General

This agreement is governed by the laws of England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between you and ELL with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business Documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.

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