businesslaw

Terms of use

IMPORTANT LEGAL NOTICE

This legal notice applies to the entire contents of the Businesslaw website under the domain name (www.dasbusinesslaw.co.uk) ("the Businesslaw Website").

Set out here are the terms and conditions ("the Conditions") that govern your use of the Businesslaw Website, and the user services (as set out in paragraph 4) ("USER SERVICES") provided or offered by the service providers (specified below under paragraph 3) ("WHO PROVIDES THE USER SERVICES") to Users of the Businesslaw Website. The Cookie & Privacy Policy and the Complaints Procedure as detailed on the Businesslaw Website forms part of these Conditions.

It is important that you read and understand the Conditions before you start to use the Businesslaw Website. By using the Businesslaw Website, you indicate that you accept these Conditions and that you agree to abide by them. If you do not agree to these Conditions, you must leave the Businesslaw Website immediately.

1. GENERAL

The Businesslaw Website is provided by Epoq Legal Limited ("ELL"), registered in England and Wales under company number 3707955, whose registered office is at Middlesex House, 29-45 High Street, Edgware, Middlesex, HA8 7UU, on behalf of DAS Legal Expenses Insurance Company Limited ("DAS"), registered in England and Wales under company number 103274, whose registered office is at DAS House, Quay Side, Temple Back, Bristol BS1 6NH, FSA registration number 202106.

DAS' VAT number is 567782290 and ELL's is 761237341. DAS is authorised and regulated by the Financial Services Authority. You can check this on the FSA Register by visiting the FSA website www.fsa.gov.uk.

These Conditions may be amended from time to time. It is recommended that you check the Conditions each time you visit the Businesslaw Website in order to ensure that you are aware of the current version of the Conditions because they are binding on you. You can print and keep a copy of the Conditions for your reference.

Reference to "our", "us" and "we" on the Businesslaw Website with regard to the provision of a particular User Service is a reference to the relevant Service Provider specified below (please refer to "WHO PROVIDES THE USER SERVICES" at paragraph 3 for further details).

These Conditions (and all communications) are in English and governed by, and will be construed in accordance with the law of England & Wales, and the Courts of England & Wales shall have jurisdiction to determine any disputes concerning the meaning or application of these Conditions.

2. USING THE BUSINESSLAW WEBSITE

The Businesslaw Website is for use only in relation to legal issues in the jurisdiction of England & Wales.

The content of the Businesslaw Website is provided for information only, and does not constitute advice or a recommendation to you that the products and services provided or advertised on the Businesslaw Website are suitable for you in your circumstances. DAS and ELL therefore disclaim all liability and responsibility arising from any reliance placed on such material by any visitor to our site, or by anyone who may be informed of any of its contents.

Reasonable efforts will be made to keep the Businesslaw Website available for use; however access is not guaranteed to be available all the time. DAS and ELL will not be liable for any periodic unavailability of the Businesslaw Website.

Due to the nature of the internet and the possibility of third party interference, the Businesslaw Website is not guaranteed to be free of all technical defects of any description (including but not limited to viruses, worms or trojan horses) or any forms of computer misuse (including but not limited to hacking). DAS and ELL will not be liable for any damage or loss caused as a result of your use of the Businesslaw 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 there are links from the Businesslaw Website to other websites operated by third parties, DAS and ELL do not guarantee you will be able to access the other websites via any link on the Businesslaw Website. Neither DAS nor ELL guarantee the content or accuracy of any third party's website, nor do they accept any responsibility for your use of that website or for any loss or damage that may arise from your use of them.

3. WHO PROVIDES THE USER SERVICES

The User Services are provided by the individual service providers identified below:

  1. The Law Guide, The Document Preparation Services and the Technical Support Helpline - will be provided by ELL;
  2. The review by a lawyer under the Legal review Document Preparation Service - will be provided by DAS;

The Service Providers are responsible for the service that they provide to you, including any advice you may receive from them. All User Services are provided on the Service Providers' own terms and conditions.

4. THE USER SERVICES

The Law Guide

The Law Guide is provided by ELL. It is offered free of charge to visitors to the Businesslaw Website. No user registration is required.

ELL does not provide legal advice. 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 legal advice. We disclaim all liability for actions taken or not taken based on the Law Guide.

Document Preparation Services:

The following document preparation services (each a "Document Preparation Service") are available:

  1. The Self service Document Preparation Service with no legal advice or assistance; and
  2. The Legal Review Preparation Service which provides for the document you produce using the Self service Document Preparation Service to be reviewed by a lawyer.

These document preparation services are described in detail below

A. The Self Service Document Preparation Service

The Self service Document Preparation Service enables you to draft a document ("the Document"), but does not provide the facility (which is available with the Legal review Document Preparation Service detailed below) for your document to be reviewed by a lawyer.

The Document Preparation Service does not provide legal advice. It is designed for use by persons who do not have complicated legal requirements or require specific legal or tax advice in connection with the terms of a document, for example (and not by way of limitation) your personal circumstances, taxation, disposal or effectiveness on any property, gifts or dispositions made by you. The Document Preparation Service uses a document assembly and drafting system ("the System"). The responses you give will dictate the content of the documents produced.

When using the Document Preparation Service, you will be asked a series of questions; the answers you give will dictate the content of the documents produced by the System. We do not accept any responsibility for any Document drafted by you using the System. You alone are responsible for ensuring the answers or any information you give is correct (this includes information in relation to the identity of any parties or signatories, their age or capacity). We rely 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 any instructions that are provided to you.

Documents specify the jurisdiction in which they are suitable to be used. You should not use them in any other jurisdiction or if any person who is to sign it, or the property the document deals with, is outside the jurisdiction that it is drafted to be used in.

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

We recommend that before reusing a Document you check the Businesslaw Website to ensure that you have the latest version. If ELL have replaced it with a revised version, we recommend that you upgrade to the latest version.

Documents completed online will be stored for a maximum period of 6 years. After this period you may not be able to obtain access to your Documents, and they may be deleted. ELL reserve the right to levy a reasonable recovery charge in respect of any Documents that can be recovered. If you have not logged into the Website for a period of 12 months or more, then ELL reserve the right to store your documents offline and levy a reasonable recovery charge for you to access them again.

B. The Legal review Document Preparation Service

As an additional service, once a Document has been drafted by you using the Self service Document Preparation Service specified above, you may send it electronically for review to the DAS legal team ("DAS Legal"). DAS Legal may contact you by telephone to clarify your requirements. You may correspond with DAS Legal over the telephone (or email). When discussing a Document with DAS Legal over the telephone, you must have it visible on-screen or printed out.

When DAS Legal advises you on the preparation of any Document it will exercise reasonable care in the provision of this service to you. It will perform work as quickly as reasonably possible, but neither ELL nor DAS Legal shall be liable in respect of any failure to meet any specified deadline or completion date.

The legal assistance provided by DAS Legal will cover the following: DAS Legal will endeavour to answer any questions you have sent them with your Document, review the Document for its suitability for your intended purpose, and advise you on what changes you may need to make to the Document to make it suitable for your requirements. DAS Legal will not redraft the Document, make alterations to the Document itself nor proof read the data you input into the System or the Document for typographical errors. If DAS Legal considers that the Document requires substantial drafting changes to make it suitable for your requirements, they may advise you to seek bespoke advice from an independent firm of solicitors, and decline to assist you further. DAS does not review the content of any of the materials (including for the avoidance of doubt the Law Guide or the initial documents used by you on the Self service Businesslaw Website) provided by the other Service Providers.

Neither ELL nor DAS Legal (as the context shall require) will have any responsibility or liability for:

  • Verifying your answers or any information given by you when using a Document Preparation Service;
  • Any alterations made by you or on your behalf to a Document once it has been returned to you by DAS Legal, unless such alteration has been approved by DAS Legal;
  • Supervising or checking the due and proper execution of any Document;
  • Any use of a Document outside the jurisdiction for which it is indicated to be suitable;
  • Any adverse consequences if you use or rely on any Document for a purpose, or in circumstances, other than that or those indicated by you to DAS Legal for the purpose of the Legal review Document Preparation Service without taking appropriate legal advice as to its suitability for that particular purpose or in those particular circumstances;
  • Undertaking after completion of the Legal review Document Preparation Service any further review of any Document or providing any advice, legal or otherwise, as to the continuing effectiveness for legal, taxation or any other purpose of any Document.

If you do not use the Legal review Document Preparation Service within 12 months of purchase you will not be able to obtain access to it thereafter. In such circumstances we shall not have any obligation to rebate you any part of the sum you have paid us.

DAS Legal will endeavour to respond to such communications as fast as they can, and aim to respond within 5 working days.

Technical Support Helpline

ELL provides a technical and software support helpline in relation to your use of the Businesslaw Website. Details of this service are available on the 'Contact Us' page.

5. PAYMENT FOR THE USER SERVICES

Payment for the chargeable User Services will be made in accordance with the procedural details appearing in the Businesslaw Website or the applicable Service Provider's website if a direct link is provided. Users of the Businesslaw Website are entering into contracts direct with the Service Provider. Where a separate website is accessed in negotiating and concluding such a contract the terms upon which that Service Provider processes your financial and other details will be set out on that Service Provider's website. In all other cases you contract with ELL who receive payment and hold information in respect of credit cards and debit cards securely in accordance with recognised industry standard techniques.

In order to have access to a chargeable user service you must register with us.

If you are an individual you must be aged 18 years or over.

Only when you have registered on the Businesslaw Website will you receive a Username and Password to grant you full access to the Client Area ("the Client Area") of the Businesslaw Website and you will be able to use a chargeable user service.

These are for your personal use only. You shall not permit any other person to have access to the User Services or Client Area or to use the User Services. You may not use (other than as is expressly or impliedly licensed), resell, reverse engineer, decompile or otherwise modify any software.

If you breach these Conditions, we can without notice revoke your Username and Password and refuse access to the Client Area of the Businesslaw Website.

Solicitor/client relationship

No services are provided to you which could be regarded as legal advice or other advice which could be expected to be given or provided by a practising solicitor. 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.

6. CANCELLATION & REFUNDS

Document Preparation Services

If you have purchased a Document Preparation Service, it comes with a money-back guarantee. If you are not happy with the Document you have purchased, you may contact us for a refund within 14 days of the date you purchased it, provided that, in the case of a Document using the Legal review Document Preparation Service the Document has not been finally approved by DAS Legal.

Subscriptions

Performance of a User Service will commence as soon as you begin to use that service.

7.COMPLAINTS PROCEDURE

If you have a complaint, please contact us.

8. DISCLAIMER & LIMITATIONS

Any claim in respect of breach of contract or for negligence or in any other way for or related to the provision or failure to provide a User Service shall be against the applicable Service Provider of the User Service.

DAS Legal and ELL:

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

  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 Businesslaw Website or in connection with the use, inability to use, or results of the use of the Businesslaw Website, any websites linked to it and any materials posted on it, including, without limitation 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

    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 DAS Legal or 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 in respect of any one claim or series of connected claims.

    This does not affect DAS or ELL's liability for death or personal injury arising from DAS or 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 Businesslaw Website, the Law Guide, and the Document Preparation Services are freely accessible and available at no or low cost.

9. INTELLECTUAL PROPERTY

Use of the Businesslaw Website and the User Services is subject to the notices of ownership of intellectual property rights detailed from time to time on the Businesslaw Website.

All rights in the design, text, graphics and other materials on the Businesslaw Website are the copyright of ELL or DAS.

"RAPIDOCS" and the "RAPIDOCS" logo are UK registered trademarks of Epoq Group Ltd ('EGL').

"Businesslaw" is a trademark of DAS.

Rapidocs software featured on the Businesslaw Website is copyright EGL 2011. Reproduction of part or all of the content of the Businesslaw Website in any form is prohibited. Other software reproduced in and on the Businesslaw Website is copyright EGL 2011. You may not use (other than as is expressly or impliedly licensed), resell, reverse engineer, decompile or otherwise modify such software.

Copyright in the content of the Law Guide and the Documents belongs to ELL.

10. OTHER CONDITIONS

We shall not be liable for any failure to provide or delay in providing any service resulting from circumstances or events outside of our control, for example due to strikes and other industrial disputes, breakdown of systems or network access, fire or explosions, or power failure.

Telephone technical support will be available in accordance with the times advertised on the Businesslaw Website. You may contact the helpline on the number provided from time to time. Calls may be recorded for training and monitoring purposes.

If any part of these Conditions (and/or notices on the Businesslaw Website) is found to be invalid or unenforceable, then such part will be deemed replaced by a valid and enforceable provision that most closely matches the intent of the original part and the remainder of the provision shall continue in full force and effect.

We reserve the right to change the Conditions under which the Businesslaw Website or any User Service is offered.

No forbearance or delay by us in enforcing the provisions of these Conditions will prejudice the rights, powers or remedies available to us; and such rights, powers or remedies will be cumulative.

You may not assign, subcontract or otherwise transfer any rights or obligations under these Conditions, whether in whole or in part, without our prior written consent. We shall be able to assign the benefit of all or part of the Conditions to any company or other entity which is from time to time a subsidiary or a holding company of ELL and DAS (as the case may be) within the meaning of Section 1159 of the Companies Act 2006, or an associated body corporate of ELL and DAS (as the case may be) within the meaning of Section 256 of the Companies Act 2006.

Headings in these Conditions are for convenience only and shall not affect their interpretation.

These Conditions represent the entire agreement between the parties in relation to the Businesslaw Website and no party shall attempt to rely upon any prior understanding or representation, which may have been reached or made.

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