Terms of Use

General

Terms and Conditions

This Terms of Use Notice forms part of the terms and conditions ('the Conditions') that govern your access and use of the ARAG Legal Website ('Website') or any part thereof or any services ('User Services') 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 providers

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 Middlesex House, 29-45 High Street, Edgware, Middlesex, HA8 7UU ('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 Middlesex House, 29-45 High Street, Edgware, Middlesex, HA8 7UU. 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.

User Services

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:

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:

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 that intent, MyLawyer Solicitors shall:

What MyLawyer Solicitors will not do

MyLawyer Solicitors will not have responsibility for, and exclude liability for:

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:

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. 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.

Refunds

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.

Complaints

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.

Privacy Policy

Please refer to the Data, cookies and privacy policy on this Website for our policy relating to the capture and use of personal data.

Intellectual property

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.

In addition:

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:

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 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.

Liability

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:

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:

We shall not be liable for:

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.

Modifications

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.

Other conditions

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.