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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
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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:
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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