Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Introduction

The Rapidocs LawDraft website (Website) is provided by Epoq Legal Ltd (ELL), company number 3707955, whose registered office is at 2 Imperial Place, Maxwell Road, Borehamwood, Hertfordshire, WD6 1JN.

ELL is authorised and regulated by the Solicitors Regulation Authority (SRA number 645296). However, we are a 'multi-disciplinary practice'. This means that only some of the work we perform is regulated by the SRA. Our non-legal activities are not, which means the provision by us of the Document Preparation Service is 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 any right you may have to take that complaint to the Legal Ombudsman.

Our VAT number is GB247994645.

These terms of use form part of the conditions (Conditions) that govern your use of the Website, and the document preparation service provided or offered to users of the Website (Document Preparation Service). No lawyer/client relationship is established by use of the Document Preparation Service.

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.

Reference to you on the Website means the Member (a business or organisation that has registered on the Website with a valid membership code) that has registered to use the Document Preparation Service.

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.

Privacy Notice

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.

Licence

We grant each Member a non-exclusive, non-transferable, limited licence only to use the Website, and the Document Preparation Service, in accordance with the provisions set out in the Conditions and in accordance with the terms and conditions set out in the Sign-Up Cover Sheet and the Standard Terms and Conditions for LawDraft that that Member has agreed (Agreed Terms). Expressions defined in the Agreed Terms shall have the same meaning in the Conditions.

A Member's access to the Document Preparation Service is restricted to those of its personnel whose details have been recorded by us (registered users).

Members shall not:

  • directly or indirectly, cause or permit the Document Preparation Service to be accessed otherwise than by a registered user; and
  • create Documents otherwise than for use by their clients in relation to such clients' direct legal needs. In particular, no scheme or arrangement shall be permitted whereby a Member, whether or not for reward and whether directly or indirectly, provides Documents to a third party (including a client) for onward distribution or provision by that third party to its customers or clients.

All rights not expressly granted to you in the Conditions or in the Agreed Terms are reserved by us and, if applicable, our licensors.

Legal capacity

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. Individual Members and registered users using the Website represent and warrant that they are at least 18 years old. Registered users also represent and warrant that they have the ability to agree to the Conditions on behalf of the applicable Member.

Minors are not eligible to use the Website and we ask that they do not submit any personal information to us.

Website limitations

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.

Website use

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 and (if applicable) your registered users 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 and (if applicable) your registered users 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 anyone other than a registered user of yours). You must ensure that your registered users do likewise. 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 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 and registered 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.

Our Remedies

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 on your behalf.

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 designed to collect relevant information and data to assist you in preparing for a client of yours 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 a Document.

Members are solely responsible for ensuring that Documents prepared by them for their clients are suitable for use by them having regard to their individual circumstances and requirements. We disclaim all liability for actions taken or not taken by a Member's clients based on such documents.

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 will be stored online 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 12 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.

Intellectual property

Use of the Website and the content on the Website and the Services is subject to the Intellectual Property Rights Notice on the Website.

Liability limitations

Our liability to Members shall be determined exclusively in accordance with the Agreed Terms.

We exclude all liability for any loss or damage to a non-Member resulting from that non-Member accessing or being unable to access the Website.

Modifications

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 the Document Preparation 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 the Document Preparation Service on a previous occasion.

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.

Severability

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.

Assignment

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.

Force majeure

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.

Entire agreement

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.

English language

The Conditions (and all communications) are in English.

Governing law

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.

Contact us

If you have any questions about the Conditions, please contact us at support@lawdraft.co.uk. 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 agreement

Your use, or use by your registered users on your behalf, of the Website or the Document Preparation Service signifies your consent and agreement to the Conditions.

Updated 20 July 2022

ToU_LD

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