The BusinessCare website (Website) is provided by Epoq Legal Ltd (ELL), company number 3707955, whose registered office is at Middlesex House, 29-45 High Street, Edgware, Middlesex, HA8 7UU.
Reference to our, us and we on the Website is a reference to ELL and a reference to our Solicitors is to the law firm, MyLawyer Solicitors LLP. MyLawyer Solicitors LLP is a limited liability partnership registered in England and Wales under number OC376661 with registered office at Middlesex House, 29-45 High Street, Edgware, Middlesex, HA8 7UU. Our Solicitors are authorised and regulated by the Solicitors Regulation Authority. Their SRA number is 569955.
Reference to a Service Provider is a reference to an organisation providing a User Service. The Service Provider in relation to each User Service is identified in the Conditions.
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.
We grant to you a non-exclusive, non-transferable, limited licence only to use the Website, in accordance with the provisions set out in the Conditions. 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.
The content of the 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 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.
We aim to update the Website regularly and may change the content at any time. Any of the material on the 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 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 unauthorized 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 Document Preparation Service and for ensuring that they are not misused. You must treat such information as confidential and you must not disclose it to any third party. You agree to notify us immediately of any unauthorized 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 someone else'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 someone else'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 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 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.
Document Preparation Service
The Document Preparation Service is provided by us. It does not provide legal advice nor does it represent a legal service. It is designed to collect relevant information and data to assist you in preparing a legal document (Document) online from a document template using an automated software solution.
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 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 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. These jurisdictions are either that of England and Wales, Northern Ireland or Scotland. 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 completed online will be stored for a minimum period of six years. After this period you may not be able to obtain online access to your Documents, and they may be deleted. We reserve the right to levy a reasonable recovery charge in respect of any 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 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 Document Review Service provided by MyLawyer Solicitors;
- supervising or checking the due and proper signing 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; 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.
Where the Document is a will:
There is no obligation or duty to supervise its signing 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.
Also, 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; or
- whether there were or might be any actual or potential third-party beneficiary(ies) who might have a claim in law against the estate.
We do not assume any responsibility nor will we accept liability for failing to provide later advice on the terms of any will 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 rests with you.
Where the document is 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.
Document Review Service
The document templates will 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 by a firm of solicitors.
This review is undertaken by our Solicitors.
When you submit a Document for review, our Solicitors may telephone you or email you to clarify your requirements.
The Document review is performed by our 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.
Our 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 our Solicitors will do, as follows:
What our 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 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, our Solicitors 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 their 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), they will endeavour to respond to your correspondence and communications as fast as they can, but do not guarantee any particular response time.
What our Solicitors will not do
Our 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 our Solicitors;
- 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 them; 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, our Solicitors will assess, in good faith, if it will be practical or appropriate for them to provide, or continue their work under, the Limited Engagement, or if any work you want them to do, or request you have made, falls within the scope of the Limited Engagement. If the result of any such assessment is that they consider it appropriate to take any of the steps referred to in the fair use policy below, they will, if possible, consider and discuss with you if and how they 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, they will discuss with you your options.
Fair use policy
Our 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:
- Our 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, and have explained to you, 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, 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.
- 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. Our 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.
We provide an automated software solution to persons who choose to prepare their own legal documents. At no time do we review your answers for legal sufficiency, draw legal conclusions, 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. We are not a law firm.
Furthermore, the law is a personal matter, and no general information or automated solution of the sort that we provide can fit every circumstance. Therefore, 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 solicitor.
Use of the Website and the content on the Website and the User Services is subject to the Intellectual Property Rights Notice on the Website.
Any claim in respect of breach of contract or for negligence or in any other way for or related to the provision of 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; or
- your use of the Website or any software accessed through the Website;
- your use of the User 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 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; 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 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;
- 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 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 then existing terms and conditions accepted by you when using the Website or accessing a User 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 (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 firstname.lastname@example.org. 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 of the User Service signifies your consent and agreement to the Conditions.
Updated 25 November 2016