The BusinessCare website (Website) is provided to you by Epoq Legal Ltd (ELL), registered in England and Wales, company number 3707955, whose registered office is at Unit 2, Imperial Place, Maxwell Road, Borehamwood, Herts, WD6 1JN. ELL is authorised and regulated by the Solicitors Regulation Authority (SRA number 645296).
Our VAT number is GB247994645.
Our notice of ownership of intellectual property rights (Intellectual Property Rights Notice) as detailed on the Website forms a part of the Conditions. It is important that you read and understand the Conditions before you start to use the Website. You can print and keep a copy for your reference.
Reference to our, us and we on the Website is a reference to ELL.
By using the Website, you indicate that you accept the Conditions and that you agree to abide by them. If you do not agree to the Conditions, please refrain from using the Website. Acceptance of the Conditions creates a contract between you and us.
We respect your privacy and permit you to control the treatment of your personal information. Please refer to the Privacy Notice on the Website for information about how we collect and deal with your personal information when you use the Website.
We grant to you a non-exclusive, non-transferable, limited licence only to use the Website, and the Services, in accordance with the provisions set out in the Conditions. In particular, the Website, and the services available on it, are for use only in connection with your direct business legal needs. You may not use or exploit the Website, or any of the Services, for any professional or commercial purpose (including use of the Document Preparation Service to create legal forms or documents for resale). All rights not expressly granted to you in the Conditions are reserved by us and, if applicable, our licensors.
You represent and warrant that you possess the legal right, capacity and ability to agree to the Conditions and use the Website in accordance with them. If you are an individual, you represent and warrant that you are at least 18 years old. If you are using the Website on behalf of an organisation, you represent and warrant that you have the ability to agree to the Conditions on behalf of such organisation and all references to you throughout the Conditions will include such organisation, jointly and severally with you personally.
Minors are not eligible to use the Website and we ask that they do not submit any personal information to us.
We do not in any way recommend that the products and services available on the Website are suitable for you in your particular circumstances.
Reasonable efforts will be made to keep the Website available for use and functioning efficiently and reliably; however, we cannot guarantee any minimum levels regarding the performance, speed, reliability, availability, use or consistency of the Website because the Website depends on the internet, including networks, cabling, facilities and equipment that are not within our control. We will not be liable for any damage or loss suffered as a result of any interruption in the availability of the Website or reduction in performance levels.
Due to the nature of the internet and the possibility of third-party interference, the 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 the 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 the Website or to your downloading of any material posted on it, or on any website linked to it.
Non-legal Website content
We may change the non-legal content on the Website at any time. Any of the non-legal content on the Website may be out of date at any given time and we are under no obligation to update such material. The non-legal content displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.
You warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by the Conditions, and any other notices appearing on the Website.
Without limitation, you must not, directly or indirectly:
- misuse the 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;
- attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website or disable or circumvent any access control or related process or procedure established with respect to the Website;
- scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorised computer or network trespass without the express permission of the owners of such computer systems;
- forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Website;
- impersonate or falsely represent your association with any person, including a representative of ours;
- disrupt or threaten the integrity, operation or security of any website, any computer or any internet system;
- extract, gather, collect, or store personal information about others without their express consent;
- attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
- use the 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; or
- use the Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
Website access arrangements and security
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Conditions, and that they comply with them.
You are responsible for the security of any usernames, passwords or access codes that are required for you to access the Services and for ensuring that they are not misused. You must treat such information as confidential and you must not disclose it to anyone other than the authorised users within your business. You agree to notify us immediately of any unauthorised use of your access information and to provide assistance to us, as requested, to stop or remedy any breach of security related to your access information.
We shall not be liable for any losses you incur as a result of an unauthorised person's use of your access information, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to an unauthorised person's use of your access information.
On no account should access information be used for gain - for example, by selling access to others to our services.
You may not use a third party's access information at any time.
You agree to provide true, current, accurate and complete customer and user information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
Without limiting any of our other rights, we may suspend, restrict or terminate your use of the Website and disable your access information without notice if, in our sole and absolute discretion, we determine or believe that you have failed to comply with any of the Conditions.
We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
Third party websites
If there are links from the Website to other websites operated by third parties, these are provided as a convenience only and we do not guarantee you will be able to access those other websites via any link on the Website. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third-party websites or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such sites, nor do we accept any responsibility for any damage or loss you may suffer as a result of your use of any third-party websites. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party website.
You may not establish a link to this Website from any other website without our prior written consent.
Website access facility
We have a facility that enables us to access your user 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.
The services available are detailed below and comprise the Law Guide; the document preparation service (Document Preparation Service); the document review service (Document Review Service); and the legal advice helpline (Helpline).
The Law Guide
The information contained in the Law Guide provides general legal information only and should not be understood as providing legal advice to be applied to a specific situation.
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 very recent events or changes in the law. We will endeavour to place a guidance note on the Law Guide to indicate where a change in law has taken place affecting information contained in the Law Guide and we will endeavour to update that information within six weeks of the change in law. However, we do not promise, warrant, or guarantee that the Law Guide is correct, complete, or up-to-date. We are not responsible for any errors or omissions in the information provided in the Law Guide. Further, we cannot be held responsible for any action taken or not taken by you as a result, direct or otherwise, of information contained in or accessed through the Law Guide. Before you act or rely on the Law Guide, you should take specific legal advice from a licensed legal practitioner.
Document Preparation Service
The Document Preparation Service does not provide legal advice nor does it represent a legal service; it is an automated software solution provided to persons who choose to prepare their own legal documents. It is designed to collect relevant information and data to assist you in preparing a legal document (Document) online from a document template.
When using the Document Preparation Service, you will be asked a series of questions by a document assembly and drafting system (System). The answers you give will dictate the content of the Document produced automatically by the System from the document template. You alone are responsible for ensuring the answers or any information that you give are correct. You should make sure that all information supplied, including the identity of any parties or signatories, their age and capacity, is accurate. Since it is automated, the System can only use the answers which you supply, to produce your Document. You must carefully check that the Document produced, fully reflects your wishes. If it does not, you should not sign 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 signed.
The document templates available on this Website from which Documents can be created by you using the System have been prepared by us. 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 or on the Website. A reference in the 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 signed 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 property the Document deals with is outside the chosen jurisdiction.
We recommend that before reusing a Document you check the Website to ensure that it was created from the latest version of the relevant template. If we have replaced the template with a revised version, we recommend that you obtain 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 online 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 12 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, or whether you (or any other person) were subject to undue influence 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;
- supervising or checking the due and proper signing of any Document;
- any use of a Document or signing 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; or
- 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.
A document pack consists of access to a range of Documents that may be created using the Document Preparation Service. The details of what is included in the pack will be outlined on the Website.
Document Review Service
The document templates may be available with Document review. This 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.
When you submit a Document for review, we may telephone you or email you to clarify your requirements.
The Document review is performed by us only as part of a Limited Engagement.
You will be provided with a separate, written engagement letter setting out the terms of the Limited Engagement.
We will exercise all due skill and care when carrying out a Document review in accordance with Limited Engagement terms. We will perform our 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 will be done, as follows:
What work will be done
The scope of the work that will be done by us is:
- to indicate to you whether or not we are satisfied, based on the answers that you gave the System, that the Document created by you is effective, so far as has been disclosed, to meet your requirements and suitable for your circumstances; and
- if necessary, to amend the Document to ensure that it is suitable for your disclosed requirements and circumstances.
To that intent, we shall:
- review the answers you gave the System;
- review the Document; and
- engage in reasonable correspondence and/or communications with you that is relevant to our work under the Document Review Service or that is required to clarify your requirements or to resolve ambiguities in information provided by you that is material to the performance of the Document Review Service. Subject to the fair use policy (see below), we will endeavour to respond to your correspondence and communications as fast as we can, but do not guarantee any particular response time.
What we will not do
We 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 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;
- 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 us, unless such alteration is approved by us;
- supervising or checking the due and proper signing of any Document;
- any use of or signing 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 us; or
- 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
On first receiving a Document and each time that you provide additional information or make a new request with respect to that Document, we will assess, in good faith, if it will be practical or appropriate for us to provide, or continue our work under, the Limited Engagement, or if any work you want us to do, or request you have made, falls within the scope of the Limited Engagement. If the result of any such assessment is that we consider it appropriate to take any of the steps referred to in the fair use policy below, we will, if possible, consider and discuss with you if and how we might perform a modified Document Review Service with respect to the Document if you change or limit your requirements or requests. If this is not possible, or if you do not agree, we will discuss with you your options.
Fair use restrictions applicable to the Document Review Service
We will aim to complete a Limited Engagement quickly and efficiently. We expect that in most cases the work that we undertake as part of a Limited Engagement will take no more than one hour in total. We 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:
- We will expect that correspondence and communications between you and us will take place by email or by telephone. We are not able to offer face-to-face interviews.
- We may limit the extent to which we engage in communications with you or to which we respond to correspondence from you if we reasonably consider, and have explained to you, that to do so would be incompatible with the efficient conduct of a Limited Engagement.
- You may provide us with additional information about your requirements and circumstances beyond that revealed by the answers that you gave the System, but we reserve the right to terminate a Limited Engagement at any time if, by reason of the volume and/or complexity of that additional information, we reasonably consider, and have explained to you, that it is impractical or inappropriate to continue to work on the Document on the basis of that Limited Engagement.
- We 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 our work on the Document.
The Helpline is provided by us during normal business hours (9am to 5.30pm, Monday to Friday excluding public holidays in England).
Outside of normal business hours, the Helpline is provided by Irwin Mitchell LLP. Irwin Mitchell LLP is a limited liability partnership registered in England & Wales with number OC343897. Its registered office and principal place of business is at Riverside East, 2 Millsands, Sheffield, S3 8DT. Irwin Mitchell LLP is authorised and regulated by the Solicitors Regulation Authority. Their SRA number is 570654.
You will be provided with a separate, written engagement letter setting out the terms of the Helpline provided by us.
References below to 'we' in this section include Irwin Mitchell LLP.
The following terms and conditions apply to the Helpline.
All advice is given in good faith and is based upon the information supplied by you during the call. We cannot be held liable for any loss suffered if inaccurate or incomplete information is given. We may ask questions to elicit information to assist us in answering your questions, but we are not obliged to do so and a failure by us to ask questions that may have altered our advice will not incur any liability on our part.
Advice is provided solely by telephone and will not be provided in writing. We will not enter into correspondence with you.
Advice given is specific to the individual issue being discussed and is not intended to be applied to other situations. If you do so then it is at your own risk.
The Helpline does not include:
- drafting or amendment of documents or clauses;
- preparation of letters; or
- advising, supporting or representing you in any further way.
A Helpline call will be discontinued immediately if you are rude or abusive, and your future access to the Helpline may be withdrawn
You must not facilitate the use of the Helpline by unauthorised persons. If you do, your access to the Helpline may be withdrawn.
Fair use restrictions applicable to the Helpline
Your use of the Helpline is subject to fair use in line with its intended purpose. As a guideline, any question asked on the Helpline should be answerable within approximately 20 minutes.
We shall have no obligation to provide advice to you through the Helpline if, in our absolute discretion, a question being asked by you is outside the scope of the service or if it is inappropriate to deal with your question through the Helpline (for example, if it is a complex issue that requires a face-to-face meeting or if you need written advice or a document drafted).
In this event, we will inform you immediately during the call and discuss your options with you.
If, in our absolute discretion, we consider that you have made, or are making, inappropriate or excessive use of the Helpline, your access to it may be restricted or suspended (either for a fixed period or indefinitely), or conditions may be imposed upon your access to it, which may include a condition of payment or an additional charge.
You will be notified before any such action is taken.
A lawyer/client relationship may only be established with us with respect to the Document Review Service or the Helpline.
A lawyer/client relationship will only be established in relation to the above services by your express or implied acceptance of our engagement letter and our confirmation of our agreement to act for you after conflict checking and other verification processes have been completed.
No lawyer/client relationship is established by use of the Law Guide; the Document Preparation Service; or any other use of the Website.
The Law Guide provides general legal information only. The Document Preparation Service provides an automated software solution to persons who choose to prepare their own legal documents.
The law is a personal matter, and no general information or automated solution of the sort that we provide can fit every circumstance. Because of this, except in the circumstances where a lawyer/client relationship is established, we cannot, and do not, provide legal advice, opinions or recommendations about your legal rights, remedies, defences, options, or strategies, or apply the law to the facts of your particular situation. Nor, when you use the Document Preparation Service (except as part of the Document Review Service), can we provide you with any legal advice about which template to select, whether a template is appropriate for your situation, draw legal conclusions from your answers or review your answers for legal sufficiency.
Therefore, where no lawyer/client relationship is established, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our automated solution, you should consult a licensed legal practitioner.
Scope of regulation
We are a 'multi-disciplinary practice'. This means that only some of the work we perform is regulated by the SRA. All work performed by us where a lawyer/client relationship is established is regulated by the SRA, but our other, non-legal activities are not. For example, the provision by us of the Law Guide or Document Preparation Service are not regulated by the SRA. However, this will not affect how we must deal with any complaint you make about any service provided by us or your right to take that complaint to the Legal Ombudsman.
When providing the Services, we do not expect to provide any financial services which are 'regulated activities' under the Financial Services and Markets Act 2000.
Use of the Website and the content on the Website and the Member and User Services is subject to the Intellectual Property Rights Notice on the Website.
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, howsoever arising (except where and to the extent that there is a lawyer/client relationship between us), in respect of:
- any breach of the Conditions; or
- your use of the Website or any software accessed through the Website;
- your use of the Services; or
- any representation, statement or tortious act or omission (including without limitation negligence) arising under or in connection with the Conditions, the Website or the 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; or
- liability arising as a result of fraud or gross negligence to which no limit applies; or
- any other liability which cannot be excluded or limited under applicable law.
We shall not be liable for:
- any loss for which liability is disclaimed elsewhere in the Conditions;
- loss of profits;
- loss of business;
- depletion of goodwill or similar losses;
- loss of anticipated savings;
- loss of goods;
- loss of use;
- loss or corruption of data or information;
- 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 available at no cost.
From time to time, we may restrict access to some parts, or all, of the Website.
We reserve the right to change the terms, conditions, and disclaimers under which the Website or any 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 then existing terms and conditions accepted by you when using the Website or accessing a Service on a previous occasion.
These terms and conditions shall not affect your statutory rights as a consumer (where applicable).
Waiver of rights and remedies
Our failure to insist upon or enforce strict performance of any provision of the Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of the Conditions. Our rights, powers and remedies in the Conditions, including without limitation the right to suspend, restrict or terminate any use of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
If any provision of the Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
We may at any time assign our rights or sub-contract our obligations under the Conditions, in whole or in part, without notice to you.
Neither of us will be responsible for a failure to fulfil our obligations under the Conditions or for delay in doing so if such failure or delay is due to circumstances beyond our reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.
The Conditions, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein constitute the entire agreement between us and you with respect to the matters referred to in the Conditions and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.
The Conditions (and all communications) are in English.
The Conditions shall be 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 you have any questions about the Conditions, please contact us at email@example.com. 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 from the Website, please follow the Complaints Procedure.
Your use of the Website or any Service on behalf of any organisation on whose behalf you may act, signifies your and said organisation's consent and agreement to the Conditions.
Updated 10 June 2019