Terms and Conditions
The User Services, other than the document reviews carried out under the Solicitor Managed Service are provided by Epoq Legal Ltd, a company registered in England and Wales under company number 3707955, and whose registered office is at Unit 2, Imperial Place, Maxwell Road, Borehamwood, Herts, WD6 1JN ('ELL') under the terms of the policy you have with ARAG Plc, a company registered in England and Wales under company number 02585818, and whose registered office is at 9 Whiteladies Road, Clifton, Bristol, BS81NN ('ARAG').
Reference in these Conditions to 'we', 'our' or 'us' is a reference to ELL and ARAG.
Document reviews carried out under the Solicitor Managed Service are performed by MyLawyer Solicitors LLP ('MyLawyer Solicitors'). MyLawyer Solicitors is a limited liability partnership registered in England and Wales under number OC376661 and whose registered office is at Unit 2, Imperial Place, Maxwell Road, Borehamwood, Herts, WD6 1JN. MyLawyer Solicitors are authorised and regulated by the Solicitors Regulation Authority. Their SRA number is 569955.
Use of this Website and the Law Guide & Documents
The content of this 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 this Website are suitable for you in your particular circumstances.
Reasonable efforts will be made to keep this Website available for use; however access is not guaranteed to be available all the time. We 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. We will not be liable for any damage or loss caused by such 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. 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 this Website or to your downloading of any material posted on it, or on any website linked to it.
If there are links from this Website to other websites operated by third parties, we do not guarantee you will be able to access the other websites via any link on this Website. We do not guarantee the content or accuracy of any third party's website, nor do we accept any responsibility for any damage or loss you may suffer as a result of your use of that website. You may not establish a link to this Website from any other website without our prior written consent.
We reserve the right to withdraw or amend the services we provide on this Website without notice. From time to time, we may restrict access to some parts, or all, of this Website.
We aim to update this Website regularly and may change the content at any time. Any of the material on this 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.
You must not misuse this 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. You must not attempt to gain unauthorised access to this Website, the server on which this Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of-service attack. You must not use this 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. You must not use this Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You are responsible for making all arrangements necessary for you to have access to this Website.
You are also responsible for ensuring that all persons who access this Website through your internet connection are aware of these terms, and that they comply with them.
1. 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.
2. Document Preparation Service
The online document preparation service ("the Document Preparation Service") is provided by ELL. 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 ('the Document') from a document template. It is designed for use by persons who do not have complicated 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 Document produced by the System from the document template. You alone are responsible for ensuring the answers or any information that you give are 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.
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 executed 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 by ELL. Please note that these document templates 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 these 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 executed 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 the property the Document deals with is outside the chosen jurisdiction.
We recommend 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, we recommend that you upgrade to the latest version.
Documents that you have completed using the Try Before You Buy service (Trial Documents) will be stored 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 online access to your Documents or Trial Documents, and they may be deleted. We reserve the right to levy a reasonable recovery charge in respect of any Documents or Trial 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 or Trial 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
- The Limited Engagement provided by MyLawyer Solicitors
- 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 chosen jurisdiction
- 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 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, a trust or a power of attorney
There is no obligation or duty to supervise the execution of any Will 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.
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
- whether there were or might be any actual or potential third-party beneficiary(ies) who might have a claim in law against the estate.
With respect to 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.
We do not assume any responsibility nor will we accept liability for failing to provide later advice on the terms of any Will or trust 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 or trust rests with you.
3. Pay As You Go
There are three sets of document templates and linked services ('Content Schemes'), one of which will be available to you on the Website, depending on the type of policy you hold with ARAG. In each of these Content Schemes some document templates are available free of charge and others are only available on a 'pay per use' basis ('PAYG'). The document review service, discussed below, is, however, only available, in respect of certain document templates and only if the document template was purchased on a PAYG basis.
If you are a new user you will have to register to gain access to your applicable Content Scheme. If you do wish to purchase a document template you will have the opportunity to select the document template and then purchase it through the shopping basket provided. After purchasing it the document template will be added to your 'My templates' page.
4. Document Review
You may choose to purchase a document template on a PAYG basis with a Solicitor Managed Service. A Solicitor Managed Service means that once you have drafted a Document using the Document Preparation Service, you are given the opportunity to send it electronically using the Website for review by a firm of solicitors.
This review is undertaken by MyLawyer Solicitors.
When you submit a Document for review, MyLawyer Solicitors may telephone you or email you to clarify your requirements.
The Document review is performed by MyLawyer Solicitors only as part of a Limited Engagement. You will be provided with a written engagement letter setting out the terms of the Limited Engagement.
MyLawyer Solicitors will exercise reasonable skill and care when carrying out a Document review in accordance with their terms of engagement. They will perform their work as quickly as is reasonably possible, but shall not be liable in respect of any failure to meet any specified deadline or completion date.
A Limited Engagement is so called because there are limitations on the work that MyLawyer Solicitors will do, as follows:
What MyLawyer Solicitors will do
The scope of their work is:
- To indicate to you whether or not they are satisfied, based on the answers that you gave the System, that the Document is effective, so far as has been disclosed, to meet your requirements and suitable for your circumstances.
- If necessary, to amend the Document to ensure that it is suitable for your disclosed requirements and circumstances.
To that intent, MyLawyer Solicitors shall:
- Review the answers you gave the System;
- Review the Document;
- Engage in reasonable correspondence and/or communications with you. Subject to the fair usage policy (see below), they will endeavour to respond to your correspondence and communications as fast as they can, but do not guarantee any particular response time.
What MyLawyer Solicitors will not do
MyLawyer Solicitors will not have responsibility for, and exclude liability for:
- Undertaking any investigation of your particular circumstances beyond those that you disclosed in the answers that you gave the System, or that you conveyed to them via subsequent communications;
- The provision of legal advice about the suitability of the Document to your particular circumstances save to the extent that they are disclosed by the answers that you gave the System and/or in any subsequent communications with them;
- Verifying 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 after it has been approved by them, unless such alteration is approved by MyLawyer Solicitors;
- Supervising or checking the due and proper execution of any Document;
- Any use of or execution of a Document by a person or entity outside of the jurisdiction in which they operate;
- Any adverse consequences if you use any Document without taking appropriate legal advice as to its suitability for your particular circumstances from them;
- 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.
Work outside the scope of the Limited Engagement
If MyLawyer Solicitors, at any time, consider that it will be impractical or inappropriate to continue their work on the basis of the Limited Engagement, or that any work you want them to do falls outside the scope of the Limited Engagement, they will tell you straightaway and discuss with you your options. If you do not use the Solicitor Managed 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.
Fair use policy
MyLawyer Solicitors will aim to complete a Limited Engagement quickly and efficiently. They expect that in most cases the work that they undertake as part of a Limited Engagement will take no more than one hour in total. They reserve the right to manage a Limited Engagement to ensure that, so far as possible, that expectation is fulfilled.
What this means in practice is as follows:
- MyLawyer Solicitors will expect that correspondence and communications between you and them will take place by email or by telephone. They are not able to offer face-to-face interviews.
- They may limit the extent to which they engage in communications with you or to which they respond to correspondence from you if they reasonably consider that to do so would be incompatible with the efficient conduct of a Limited Engagement.
- You may provide them with additional information about your requirements and circumstances beyond that revealed by the answers that you gave the System, but they reserve the right to terminate a Limited Engagement at any time if, by reason of the volume and/or complexity of that additional information, they reasonably consider that it is impractical or inappropriate to continue to work on the Document on the basis of that Limited Engagement.
- They may decline to deal with, as part of a Limited Engagement, any requests, issues or questions made or raised by you if they are not essential to their work on the Document.
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. MyLawyer Solicitors will, where applicable, establish a solicitor/client relationship with you only by your express or implied acceptance of their engagement letter and their confirmation of their agreement to act for you after conflict checking and other verification processes have been completed.
Website Access facility
We have a facility that enables us to access your 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.
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. Any ancillary service, e.g. the review by a law firm of a document that you have created on the Website will also be cancelled.
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.
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 form this Website please follow the Complaints Procedure.
Please refer to the Privacy Notice on this Website for our policy relating to the capture and use of personal data.
Use of the Website and the content on the Website and the User Services is subject to the notices of ownership of intellectual property rights detailed from time to time on the Website.
Your use of the content on the Website ('Content')
The Content includes the software featured on the Website.
Reproduction of part or all of the Content in any form 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 in accordance with the type of policy you hold with ARAG.
- 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 ARAG or ELL without the prior written permission of ARAG or 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, modify or resell it or any part thereof.
- The reproduction of all trade marks, 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 firstname.lastname@example.org
As a condition of your use of this Website, you warrant to us that you will not use this Website for any purpose that is unlawful or prohibited by these Conditions, and any other notices appearing on this Website.
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.
Subject to that, 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:
- any breach of the Conditions;
- 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:
- liability arising from death or injury to persons caused by negligence;
- liability arising as a result of fraud or gross negligence to which no limit applies.
We shall not be liable for:
- any loss resulting from the provision of any of the User Services by other Service Providers
- any loss for which liability is disclaimed elsewhere in the Conditions; or
- loss of profits; or
- loss of business; or
- depletion of goodwill or similar losses; or
- loss of anticipated savings; or
- loss of goods; or
- loss of use; or
- loss or corruption of data or information; or
- 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 freely accessible and available at no or low cost.
We reserve the right to change the terms, conditions, and disclaimers under which this 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 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.
The Conditions (and all communications) are in English and 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.
If any part of the Conditions (and/or notices on the Website) is found 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 replaced by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of the provisions shall continue in full force and effect.
No forbearance or delay by us in enforcing any of the Conditions will prejudice the rights, powers or remedies available to us and such rights, powers or remedies will be cumulative.
We shall be able to assign the benefit of all or part of the Conditions.
Headings in these Conditions are for convenience only and shall not affect their interpretation.
Your use of the Website or any of the User Services signifies your consent and agreement to these Conditions.
Any rights not expressly granted herein are reserved.