Terms and Conditions

1. Introduction
 
1.1 Please read these terms and conditions carefully before using the Website operated by josiah-lake gardiner LLP ('josiah-lake gardiner LLP' 'we' or 'us'), as they contain important information about your rights and obligations. In particular, we draw your attention to clauses 9 (Client’s General Obligations) and 15 (Liability). By accessing or using www.justdivorce.co.uk (our ‘Website') you agree to be legally bound by these terms, conditions and disclaimers as they may be modified and posted on our Website from time to time. You also agree to be bound by josiah-lake gardiner LLP’s terms of trading set out in our client care letter, which comply with the requirements of the Solicitors’ Regulation Authority.
 
1.2 If you do not wish to be bound by these terms and conditions then you may not access or use our Website.
 
1.3 These terms and conditions do not affect your statutory rights as a consumer.
 
 
 
2. Nature of our Website
 
2.1 Our Website is a place for you to select, order, and use our divorce services (“Service/Services”). Our Website describes the Services in more detail.
 
2.2 Please note that the contents of our Website are aimed at users aged 18 years and above.
 
2.3 We do not make a full investigation of your circumstances when you use our Website. Accordingly we will not be liable for loss or damage which could have been avoided if you took separate qualified legal advice and which was not foreseeable to both parties when you made your order or were not caused by any breach by us.
 
 
 
3. Buying Services on our Website
 
3.1 To order a Service, you will need to follow the ordering procedures set out in these terms and conditions.
 
3.2 You will need to register with us through our Website and you will be given a unique password.
 
3.3 Once the registration process is completed, you should proceed to select the required Services. An online questionnaire (“Questionnaire”) designed to capture all the details and information necessary for the preparation of the appropriate court forms or other documents is then provided. The Questionnaire will also alert you as to what documentation you will need. You will be required to complete the Questionnaire fully, and to obtain all necessary documentation.
 
3.4 When you are satisfied that you have fully answered the Questionnaire, and have obtained all necessary documentation, you will need to make payment for the Services.
 
3.5 Details of our prices for the Services and the procedures for payment are displayed on our Website. You may pay by credit or debit card. The price of any Service is the price in force on the date and time of your order. It is neither the price in force at the date on which you register on our Website, nor the date on which you begin completing a questionnaire. We reserve the right to change the price of any Service at any time before you place an order. We try to ensure that the prices displayed on our Website are accurate, but the price of your order will need to be validated by us as part of the acceptance procedure (see clause 3.6 below). We will inform you if a Service's correct price is higher than that stated in your order and you may then cancel the order and decide whether or not to reorder the Service at the correct price.
 
3.6 We are not able to accept payment by cheque, cash, or any other method, save as stated in clause 3.5.
 
3.7 Your order will constitute an offer to enter into a contract with us, which we are entitled to refuse. If your order is accepted, we will confirm acceptance to you by email ('Confirmation'). Upon acceptance, you will become a client of josiah-lake gardiner LLP.
 
3.8 You undertake that all details you provide to us for the purpose of purchasing Services which may be offered by us on our Website will be correct, that you are entitled to use the related credit or debit card, and that there are sufficient funds or credit facilities to cover the related cost. We reserve the right to obtain validation of your credit or debit card details before providing you with any services, and to obtain from you evidence of your identity and residential address. If you fail or refuse to provide such evidence upon request, we reserve the right to cease acting for you.
 
3.9 If you do not log onto our Website after registration but before purchasing a Service for a continuous period of 6 months, then your registration will automatically expire. Your details, together with any related Questionnaire, will then be deleted from our database. Should you wish to purchase any Services thereafter, you will need to reregister, and purchase such Services at the prevailing price on the date of purchase.
 
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4. Delivery of services
 
4.1 Having received the correct payment and the properly completed Questionnaire and after having clarified any queries (if any) by email, we will prepare the necessary court forms and/or any other documents you have ordered promptly and within a reasonable period, and in any event within 7 working days.
 
4.2 We will not be liable for any error or difficulty that may arise directly as a result of incorrect, incomplete, or misleading information supplied by you, or directly by a mistake made by you, the court or your spouse. In the event of such an error, mistake or difficulty, we reserve the right to charge you for the cost of rectifying the Services at the rate of £100 per hour plus VAT, in addition to the fixed prices for our Services as listed on our Website.
 
4.3 You will act as a Litigant in Person, and will be responsible for sending the prepared documents to court promptly. Your address for the service of court papers will be c/o josiah-lake gardiner LLP, to enable us to deal efficiently with each step in the proceedings which requires action by you. We will not contact the court directly on your behalf, nor contact your spouse or any other third party.
 
4.4 As each step in the proceedings becomes due, an email will be sent to you with a full explanation of all necessary action. If the step involves a court form, you will be asked to logon to the Website and will then be able to download/comment upon the appropriate pre-prepared form over the internet, as a PDF file.
 
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5. Modifications to Website
 
We reserve the right to alter, suspend or discontinue any aspect of our Website or the content or services available through it, including your access to it. Unless explicitly stated, any new features including new content, and/or the sale of new Services and/or the release of new software tools or resources shall be subject to these terms and conditions.
 
 
 
6. Information you provide
 
6.1 The following applies to any information you provide to us, for example during any registration or ordering process:
 
6.1.1 You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our Website by us or by our sub-contractors. If you obtain or choose to buy Services through our Website, we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters. we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as 'the Purposes'). All such information collected by us shall be referred to in these terms and conditions as 'Personal Information'.
 
6.1.2 You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.
 
6.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our Website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you will need to email us.
 
6.3 In addition, the following also applies to all messages, emails, bulletin boards, postings, ideas, suggestions, concepts, blogs or other material submitted by you to us ('Content'):
 
• you must own or have the right to submit Content for publication on our Website;
 
• you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trademark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person nor be otherwise unlawful; and
 
• we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
 
6.4 You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
 
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7. Security
 
7.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our Website. You may not share these with nor transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our Website that comes to your attention.
 
7.2 Our Security Policy:
 
• We process any credit or debit card payments through a secure payment gateway which ensures your debit or credit card details remain secure throughout the payment transaction.
 
• To keep your order and credit card information safe, we use a Super Certificate 128 bit SSL encrypted server.
 
• We do not store your debit or credit card details.
 
• Passwords are only given to authorised personnel.
 
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8. Applicability of Online Materials
 
8.1 Unless otherwise specified, the materials published on our Website are presented solely for your private, personal and non-commercial use.
 
8.2 Our Website is controlled and operated by us from our office at 5th Floor, River House, 143-145 Farringdon Road, London EC1R 3AB. Where content published on our Website is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published online or offline) and the use of such content, except for content which relates directly to Services you purchase. You assume total responsibility and risk for your use of our Website and use of all information contained within it.
 
8.3 We have used our best endeavours to ensure that our Website complies with UK law. However, we make no representations that the materials on our Website are appropriate or available for use in locations outside the United Kingdom.
 
8.4 The Services we supply under this Website are for use in England and Wales only at the time that they are delivered to you, although you may order and use our Services if you live abroad.
 
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9. Client’s General Obligations
 
You acknowledge that:
 
9.1 Your spouse will provide his or her full co-operation and consent to the proceedings.
 
9.2 You have read the free information provided on our Website and you are satisfied that you are entitled to the court order which you are seeking.
 
9.3 You will give clear, honest, accurate and full information in completing the relevant questionnaires and undertake that you will give clear, honest, accurate and full information at all further stages when asked to furnish information.
 
9.4 You undertake to give us instructions and provide documentation promptly and efficiently when asked to do so.
 
 
 
10. Termination
 
10.1 You are entitled to end our service by terminating our agreement with you at any time, for whatever reason. The termination date shall be deemed to be the date of receipt by us of the written notice. However, once you order one of our services, your payment (or any part of it) will not necessarily be refundable to you upon termination, even if your case has not reached a conclusion (see “Our Charges” section in josiah-lake gardiner LLP’s client care letter). If you do terminate our agreement, we will not carry out any further work after the termination date, but you will be entitled to retain and make use of any documents which we have prepared and sent to you up to that date.
 
10.2 We are entitled to terminate this Agreement in any of the following circumstances:
 
10.2.1 If you fail to discharge or comply with any of your obligations in clause 9 above and the josiah-lake gardiner LLP client care letter.
 
10.2.2 If your spouse fails to co-operate fully and within a reasonable period by taking any step necessary to progress your matter, or otherwise obstructs your matter.
 
10.2.3 If your spouse otherwise prevents undefended Court proceedings, for example by disputing the jurisdiction of the court or defending your petition.
 
10.2.4 Depending upon your answers to certain questions in our questionnaires, we may advise you not to proceed with our services, based on our belief that you do not qualify for the outcome which you are seeking. If you choose to proceed with our services despite these warnings, we reserve the right to terminate our agreement with you, for example if the court raises objections. We will, however, endeavour to assist you as far as possible before taking this step.
 
10.2.5 If you fail to make a required payment on account of costs promptly upon request.
 
10.2.6 If your spouse instructs a solicitor, we reserve the right to terminate our agreement.
 
10.2.7 In any of the other specific circumstances set out in these terms and conditions and in josiah-lake gardiner LLP’s client care letter.
 
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11. Refund Policy
 
Any purchase of our Services requires you to utilise our automated software (where the computer software is “unsealed” by the computer immediately on purchase). All transactions of this type are exempt from cancellation under the Consumer Protection (Distance Selling Protection) Regulations 2000. Accordingly, all fees are non-refundable, even if you were to terminate this Agreement. However, we voluntarily offer to calculate our charges on termination by reference to the actual work carried out on your behalf up until the termination date at the applicable charging rates of josiah-lake gardiner LLP, i.e. £220 per hour in the case of a solicitor and £120 per hour in the case of a paralegal, plus VAT where applicable. Any balance due would then be refunded to you, although in a typical case it is unlikely that any refund would be payable.
 
 
 
12. Copyright and Monitoring
 
All materials on our Website are the copyright of josiah-lake gardiner LLP or are reproduced with permission from other copyright owners. All rights are reserved. Josiah-lake gardiner LLP, justdivorce.co.uk, and/or any other names of Services referred to on our Website are either the trading name, or trademarks or service marks of josiah-lake gardiner LLP or other third party licensors. You may download material from our Website for the sole purpose of placing an order with us or for using our Website as an information resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete one of our questionnaires.
 
 
 
13. Linked Sites
 
We make no representations whatsoever about any other websites which you may access through our Website or which may link to our Website. When you access any other website you understand that it is independent from us, and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
 


14. Availability of our Website
 
We will try to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error free, and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connected device.
 
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15. Liability
 
15.1 We promise that all Services you purchase from our Website will be in accordance with your written instructions. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Services, our Website or any information or service provided through our Website. We will do our best to ensure that all materials and information published on our Website is accurate, but please note that all materials and information on our Website is provided on an 'as is' basis. The provisions of this clause do not affect your statutory rights.
 
15.2 In relation to the purchase of Services, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, if not foreseeable to both parties. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our Website or its contents other than as a direct result of purchasing Services, we accept no liability for this loss or damage except where we have been negligent whether due to inaccuracy, error, omission or any other cause and whether on the part of josiah-lake gardiner LLP or our servants, agents or any other person.
 
15.3 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Services concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence. The provisions of this clause do not affect your statutory rights.
 
15.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. We do not provide any technical support or advice in that regard. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
 
 
 
16. Support Staff
 
We will provide support and assistance to you as a Litigant in Person from our offices through experienced staff who are trained in and conversant with divorce procedure, as described on our Website and in our client care letter. Our support staff are not all qualified solicitors, but are all directly supervised by a qualified solicitor in accordance with the requirements of the Solicitors’ Regulation Authority.
 
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17. General
 
17.1 We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
 
17.2 We may alter these terms and conditions from time to time and post the new version on our Website, following which all use of our Website will be governed by that version. You must check the terms and conditions on the Website regularly.
 
17.3 These terms and conditions together with our client of care letter, privacy policy, any order form, and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, client care letter, privacy policy, order form, and payment method instructions.
 
17.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them provided that our agreement is capable of performance without the said, illegal or unenforceable term.
 
17.5 These terms and conditions and your use of our Website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
 
17.6 Neither you nor josiah-lake gardiner LLP will be held liable for any failure to perform any obligation to the other due to acts of God, civil commotion, riots, floods, drought, fire and legislation.
 
17.7 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
 
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18. Notices
 
18.1 All notices shall be given:
 
• to us via email to bryan@justdivorce.co.uk; or by post to josiah-lake gardiner LLP, 5th Floor, River House, 143-145 Farringdon Road, London EC1R 3AB.
 
• to you at either the email or postal address you provide during any ordering process.
 
18.2 Notice will be deemed received when an email is received in full (or else on the next business day if it is received in full on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
 
19. Replacement
 
These terms and conditions replace all other terms and conditions previously applicable to the use of our Website and/or sale of the Services.
 
20. Complaints
 
Should you have any complaint please make it in writing and address it to Bryan Reed, josiah-lake gardiner LLP, 5th Floor, River House, 143-145 Farringdon Road, London EC1R 3AB.
 
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