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terms and conditions for the use of this site

Please read these terms and conditions carefully, they contain important information about your rights and obligations.

1. Introduction
1.1 Please read these terms and conditions carefully before using the web site operated by Josiah-Lake Solicitors ('Josiah-Lake Solicitors' 'we' or 'us'). In particular, we draw your attention to clauses 8 (Applicability of online materials) and 12 (Liability). By accessing or using www.justdivorce.co.uk ('our web site') you agree to be legally bound by these terms and conditions as they may be modified and posted on our web site from time to time. You also agree to be bound by Josiah-lake solicitors terms of trading, which comply with the requirements of the solicitors regulation authority. These terms of trading will be sent to you when your order is confirmed, and/or are available from us upon request
1.2 Without prejudice to the above, by using or accessing our web site, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our web site.
1.3 If you do not wish to be bound by these terms and conditions then you may not use our web site.
1.4 These terms and conditions do not affect your statutory rights as a consumer

2. Nature of our web site
2.1 Our web site is a place for you to select and order divorce services. Our web site describes the Products in more detail.
2.2 Please note that the contents of our web site are aimed at users aged 18 years and above.

3. Buying Products on our web site
3.1 To order a product you will need to follow the ordering procedures set out on our 'to order' page.
3.2 Details of our prices for the Products, and the procedures for payment and delivery are displayed on our web site. You may pay by credit card, or by cheque. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our web site are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.3 below). We will inform you if a Product's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price.
3.3 We are entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by e-mail or whatever other means you specify ('Confirmation'). We will prepare the document you have ordered as soon as we receive the properly completed questionnaire from you and in any event within 30 days.
3.4 You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our web site will be correct, that the credit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

4. Modifications to web site
We reserve the right to alter, suspend or discontinue any aspect of our web site 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 Products and/or the release of new software tools or resources shall be subject to these terms and conditions.

5. Information you provide
5.1 The following applies to any information you provide to us, for example during any registration or ordering process:
l 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 web site by us or our sub-contractors. If you obtain or choose to buy Products through our web site then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters then 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'.
l 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.
5.2 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 web site, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should e-mail us at bryan@justdivorce.co.uk.
5.3 In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us ('Content'):

  • you must own or have the right to submit Content for publication on our web site;

  • you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or 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 e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.

5.4 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.

6. Security
6.1 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 web site. You may not share these with or transfer them to any third parties. You must notify Josiah-Lake Solicitors immediately of any unauthorised use of them or any other breach of security regarding our web site that comes to your attention.
6.2 Our Security Policy

  • We keep any credit card details in a secure password protected environment

  • Credit card details are deleted after three months

  • Passwords are only given to authorised personnel

  • To keep your order and credit card information safe we use a Super Certificate 128bit SSL encrypted server


7. Applicability of Online Materials
7.1 Unless otherwise specified the materials published on our web site are presented solely for your private, personal and non-commercial use.
7.2 Our web site is controlled and operated by us from our offices in 3rd floor, 47 dean street, soho, london w1d 5be. Where content published on the web site 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 on or off-line) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our web site and use of all information contained within it.
7.3 We have used our best endeavours to ensure that our web site complies with UK law. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside the United Kingdom.
7.4 The products we supply under this web site are for use in England and Wales only at the time that they are delivered to you. We will not be liable for any error that may arise as a result of incorrect incomplete or misleading information supplied by our clients. In the event of such an error we will charge for the cost of rectifying the product at the rate of £50 per hour.

8. Disclaimer
Please note that in relation to our Financial Clean Break services we will endeavour to obtain from the Court a Financial Consent Order reflecting the terms of a private financial settlement which you have already reached direct with your spouse. However we cannot advise you with regard to the value of your potential claim for ancillary relief (or that of your spouse), nor the reasonableness of any agreement that you may have reached direct with your spouse without full disclosure of income and assets etc, and consideration of the relevant statutory factors. The service we offer is strictly limited to the following matters:
8.1 receiving initial instructions from you via our questionnaire, clarifying any queries via email or telephone;
8.2 sending you our client care letter, drafting a Minute of Financial Consent Order plus all necessary supporting documentation together with a proper explanation of its contents and effect as well as an explanation of further required action;
8.3 having obtained your comments and approval, preparing final versions of all of the documentation and sending this documentation to you for you and your spouse to sign;
8.4 your returning the signed documentation (i) to ’justdivorce’ if the action is in the Principal Registry of the Family Division for ‘justdivorce’ to lodge your documents at Court or, (ii) if your action is in a local County Court for you to send your documentation direct to the appropriate County Court with ‘justdivorce’ explaining the relevant procedure involved to you via email;
8.5 dealing with any queries or objections raised by the Court in relation to the submitted documentation and confirming the position to you generally if and when the Consent Order is granted, or the application is finally refused. Whilst ‘justdivorce’ should be able to deal with any procedural points raised by the Court, we cannot overcome any objections which the Court may have as to the nature of the agreement itself; and
8.6 dealing with any reasonable queries that you may have in relation to your matter generally, for example concerning the content of the documentation, the relevant procedure, or the progress of the application.
8.7 we will not go on Court record as acting on your behalf in the proceedings – you will act as a litigant in person but will receive assistance from Josiah-Lake Solicitors.
8.8 We will not provide any advice to your spouse due to a potential conflict of interest. If your spouse withdraws from the agreement you have reached or if your spouse instructs a solicitor to act on his or her behalf, then your existing contract with Josiah-Lake Solicitors will terminate. Should this be the case, then we would be willing to agree a new agreement with you to enable us to continue advising you if possible.
8.9 If the Court rejects the financial consent order application on more than two occasions, then your existing contract with Josiah-Lake Solicitors will terminate. However, we would then be willing to agree a new agreement with you in such circumstances to enable us to continue advising you if possible.
9. Copyright and Monitoring
The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is Josiah-Lake Solicitors or other third party licensors. All products and Josiah-Lake Solicitors's and logos mentioned in our web site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of placing an order with us or using our web site 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 web site 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 any questionnaire.

10. Linked Sites
Josiah-Lake Solicitors make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from Josiah-Lake Solicitors and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that Josiah-Lake Solicitors endorses or accepts any responsibility for the content, or the use of, such a web site and 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 web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.

11. Availability of our web site
We will try to make our web site available but cannot guarantee that our web site 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 web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.

12. Liability

12.1 We promise that all Products you purchase from our web site 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 products, our web site or any information or service provided through our web site. We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all materials and information on our web site are provided on an 'as is' basis. The provisions of this clause do not affect your statutory rights.
12.2 In relation to the purchase of Products, 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 web site or its contents other than as a direct result of purchasing Products, 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 Solicitors or our servants, agents or any other person.
12.3 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with our web site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our web site 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.


13. General
13.1 We may alter these terms and conditions from time to time and post the new version on our web site, following which all use of our web site will be governed by that version. You must check the terms and conditions on the web site regularly.
13.2 These terms and conditions together with the privacy policy, any order form any oral representations by our employees and agents and payment method instructions, if any, are the whole agreement between you and Josiah-Lake Solicitors. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by Josiah-Lake Solicitors 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, privacy policy, order form, and payment method instructions.
13.3 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.
13.4 These terms and conditions and your use of our web site are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
13.5 Neither you nor Josiah-Lake Solicitors 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.
13.6 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.

14. Notices

14.1 All notices shall be given:

  • to us via email at bryan@justdivorce.co.uk; or

  • to you at either the email or postal address you provide during any ordering process.

14.2 Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

15. Replacement
These terms and conditions replace all other terms and conditions previously applicable to the use of our web site and/or sale of the Products.

16. Complaints
Should you have any complaint please make it in writing and address it to the David Josiah-Lake, Josiah-Lake Solicitors, of 3rd floor, 47 Dean Street, Soho, London W1D 5BE. Please ensure any complaint is made within 28 days of the incident complained of and provided you do so we will acknowledge your complaint within five working days and respond to your complaint after making an investigation within 14 days of receipt of it.

 

 

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