Legaleze Terms and Conditions
IMPORTANT - PLEASE READ
LIMITATION OF LIABILITY AND DISCLAIMER
Please note that we do not currently carry professional indemnity insurance cover. We draw your attention to the description of the services and limitation and exclusion of liability and disclaimers set out these Terms and in particular in clauses 5 and 6. These Terms have been drawn up having regard to the nature of the Services and the amount of the fees for paid membership and other services.
1. Definitions and introduction
1.1 In these terms and conditions:
“Legaleze” is the trading name of Legaleze Limited
“Scope” means the scope of the Services as described in clause 1.2
“The Services” mean the services offered by Legaleze Limited on the Site
“The Site” means the website operated by Legaleze Limited under the domain name legaleze.co.uk
“These Terms” mean these terms and conditions
"You" or "your" means any person accessing the Site and/or using the services offered by us on the Site
"We", "us" or "our" relate to Legaleze Limited (registered in England and Wales under number 07401414)
1.2 Legaleze Limited offers owners and managers of small and medium sized businesses clear and concise information on a range of business law and regulatory topics and (subject to a subscription fee) an advice and document drafting service.
The service is intended for simple and straightforward issues of business law and regulation. It is not a replacement for advice from solicitors, accountants or other professional advisers on more complicated issues. We do not offer tax or accounting advice. We will use all reasonable endeavours to comply with generally recognised professional and ethical standards. Please note however we are not solicitors or authorised persons for the purposes of the Legal Services Act 2007 and we do not conduct any “reserved legal activity” within the meaning of such Act. In particular without limiting the meaning of reserved legal activity we do not offer the following services:
* conduct of litigation
* reserved instrument activities (conveyancing/real property);
* probate activities
* notarial activities
* administration of oaths
2. Creation and scope of agreement
2.1 These Terms govern your use of the Site and your use of the Services. By using the Site and/or any of the Services, you agree with us to be bound by these Terms. Unless otherwise agreed by us in writing, no other terms and conditions will apply to your use of the Site and/or the Services.
2.2 We may change these Terms at any time without notice by updating this page and if you continue to access or use the Site we will consider that you have accepted any changes.
2.3 These Terms include any additional terms and conditions which may apply to particular services we offer from time to time.
3.1 To become and remain a registered Member of the Site you must:
> 3.1.1 complete and submit to us our Member registration online (free membership or paid membership as applicable);
> 3.1.2 satisfactorily answer any further questions that we may raise with you to satisfy us that you meet the criteria to become a Member;
> 3.1.3 for company registration services and other services covered by anti-money laundering regulations, you must provide the necessary evidence on request and authorise the undertaking of any searches of any databases available to us in order for us to be able to fulfil any applicable obligations under EU anti-money laundering requirements; and
> 3.1.4 satisfy any further reasonable requirements that we may from time to time impose on applicants for Membership registration.
3.2 Fees for the Legaleze paid subscription service and for other Legaleze paid for services are payable in advance in accordance with the details of the particular service described on the Site. If we commence any services prior to receipt of payment, we reserve the right to suspend work at any time until we receive full payment. Fees are not refundable unless otherwise provided by these Terms or by the law.
4. Acceptance of Membership
4.1 We are not obliged to accept any application for Member registration, nor will we be obliged to give reasons for a failure to accept such an application. Your membership will not be in effect until we accept your registration as a Member.
4.2 You promise to us that all information provided to us by you or on your behalf in respect of your application for Member registration will be accurate and complete.
4.3 If your application for Member registration is accepted by us, you will be given a username and password which will enable you to access areas of the Site reserved for registered Members only.
4.4 We reserve the right to cancel Member registration at any time in accordance with clause 13.
4.4 Each registration is for a single user only. You shall not share your user name and password with any other person nor with multiple users on a network.
5. Service levels and our obligations to you
5.1 Our responsibility is to take all reasonable endeavours to provide timely and accurate information on the topics described on the Site. In the case of paid membership and paid for services, we will provide any advice, service or document taking all reasonable care that it is suitable for your needs based on your instructions and information.
5.2 We will use reasonable efforts to maintain the operation of the Site without undue downtime except for maintenance and unavoidable system problems. However we may modify, suspend or discontinue, temporarily or permanently, the Site or any part of it, with or without notice, at any time.
5.3 Timescale: we will endeavour to provide advice, documents and other services within the timescale specified on the Site or if none within a reasonable period. Any timescale we state on the Site or otherwise is an estimate and is not binding unless we have agreed otherwise in writing. If we consider that the timescale needs to be revised, we will inform you as soon as possible.
6. Limitation and exclusion of liability
6.1 Except in the case of death or personal injury caused by our breach of contract or negligence, the liability of Legaleze Limited to any user of the Site and to any Member whether in contract, tort or otherwise for loss of any kind, including (without limitation) direct, indirect, incidental, special or consequential damages, loss of any profit, goodwill or reputation, expenses or losses arising out of or in connection with the use of the Services or use of the Site including but not limited to any error, omission, defect, computer virus or system failure, of whatever nature howsoever arising, even if we are expressly advised of the possibility of such loss or damages, will be limited to an amount equal to ten times the annual fee payable for an annual paid for membership or £5,000 whichever is the less.
6.2 Except in the case of death or personal injury, no director, employee or agent of Legaleze shall have any liability to you arising out of or in connection with the Services.
6.3 You agree that we shall not be liable to you or to any third party for any losses of whatsoever nature howsoever arising for any such modification, suspension or discontinuance of the Site.
7.1 Please remember that internet communications are not secure unless the data being sent is encrypted. You agree to the sending and receipt of emails and documents in unencrypted form.
7.2 It is the responsibility of the Member to ensure that the security of passwords etc. is retained at all times. The issue of Member Log on and password is provided solely for the member. This information is for the sole and exclusive use of the Member and must not be shared with any other individual. You will notify us immediately of any unauthorised use of them or any other breach of security of the site of which you become aware.
8. Data protection
8.2 Personal information provided by you on your Member registration application form and in any subsequent conversations with us in relation to your registration will be used for the purposes of processing your application.
8.3 We will use your personal information as necessary to meet our legal obligations, and any applicable EU anti-money laundering requirements.
8.4 We will not share your information with any third parties without your consent except in the case of a sale or transfer of the business comprising the Site to our holding company or to a subsidiary of that holding company or to a bona fide purchaser. However we reserve the right to send you by post and/or email information about selected products and services which we believe may be of interest to you and to contact you by telephone, email and/or post about such offers unless you inform in writing us that you do not wish to receive such communications. We may arrange for a contracted third party to do this on our behalf.
8.5 You have a right to access the personal information that we hold about you. To obtain a copy of this information, you should contact us at the address given via the Contact tab.
9. Intellectual Property
The entire content of the Site is subject to copyright with all rights reserved and it may only be stored, held or used for your personal use only. You may not download (all or in part) for non-personal use or otherwise reproduce, transmit or modify the Site without our prior permission. You are granted a non-exclusive licence of those rights in order to view this Site for the purposes of your private use or use in your business but not for the purpose of informing or advising a third party by way of business or otherwise. We may revoke this licence at any time.
10.1 Any notice or other document to be issued in respect of your Member registration or application for the same must be in writing. It will be deemed to have been issued if it is left or sent by hand or by recorded delivery post or by facsimile or email:
(i) in your case at or to the address, facsimile number or email number you have provided for in the Membership registration; and
(ii) in our case at or to the address given in the Contact us tab on the Site.
10.2 Any such notice or other document will be deemed to have been received by the addressee one working day following the date of despatch if the notice or other document is sent by first class prepaid post, or simultaneously with the delivery or transmission if delivered by hand or sent by facsimile or email.
10.3 Our contact details for service are available via the Contact tab on the Site. Your contact details for service are those which you provided to us on your Member Registration application form. You agree to update such details as appropriate.
10.4 Your registration to become a Member will be governed by these Terms to the exclusion of all other terms and conditions. You acknowledge that these Terms contain the whole agreement between you and us and that you have not relied upon any oral or written representation made to you by us or by any of our directors, employees or agents. This agreement supersedes any prior agreement between you and us whether written or oral.
10.5 If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply but the rest of these Terms will. A waiver by a party of a breach of any provision will not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms will not prevent the exercise of that or any other right.
10.6 You may not assign or transfer any benefit, interest or obligation under these Terms. We may assign the benefit of the whole or part of the agreement between you and us.
10.7 The provisions of the Contracts (Rights of Third Parties) Act 1999 will not apply to these Terms except that any of our directors, employees and agents may rely upon the provisions of clauses 5 and 6 of these Terms.
11. Confidentiality and conflict
11.1 We agree never to share information relating to your business with any third party without prior consent, unless required to do so by law or to comply with regulations or quality control reviews. Likewise you agree not to use or copy or allow use of the output of the work we do for with a third party without our prior permission.
11.2 You agree that we may have to stop providing services to you in the event that a conflict arises between our duties to you and to another client. You will notify us if you have any reason to believe that such a conflict has arisen or may arise.
12. Complaints and disputes
12.1 We want you to be entirely satisfied with the services provided to you. If, however, you are not, please refer to the following Complaints Handling Procedure.
12.2 Making an Informal Complaint: an informal complaint can be made by telephone or by email. If the matter is not resolved at this stage, and you have not already issued a complaint in writing, you should do so. Please include specific details so that the matter can be thoroughly investigated.
12.3 Making a Formal Complaint: upon receipt of your written formal complaint an acknowledgement will be sent to you within five working days. The name and contact details of the person who will be dealing with your case will be supplied to you at this point.
12.4 Within five working days from receipt of your written complaint you will receive in writing a summary of our understanding of your complaint. You will be asked at this time to provide any further evidence or information regarding the complaint and to confirm that we have understood all your concerns.
12.5 Following such confirmation, we will investigate the matter and write to you in reply within five working days unless it becomes apparent to us that the investigation may not be completed within this timescale. In these circumstances, a written explanation will be sent to you including a progress report. .When a substantive reply is sent you, a summary of findings will be included along with details of any further action to be taken.
13. Cancellation and Termination
13.1 Unless you and we agree otherwise, you will not be able to cancel the contract between us under any right you may have under regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000 (as amended) once the performance of the services has begun with your agreement.
13.2 You or we may terminate this agreement by written notice at any time. If we terminate a paid subscription without cause, we will refund an amount equal to that proportion of the subscription fee paid which the number of unexpired whole calendar months of the subscription period the subscription except in the case of continuing monthly or quarterly retainers in which case not less than one month’s or one quarter’s (as the case may be) notice is required.
14. Governing law and jurisdiction
This agreement is governed by English law and you agree to submit to the non-exclusive jurisdiction of the English courts.
[Page revised: 14/09/2012]