The Direct Line for Business Legal Documents website (Website) is provided to you, at the request of DL Insurance Services Limited (DLG), company number 3001989, whose registered office is at Churchill Court, Westmoreland Road, Bromley, BR1 1DP, by Epoq Legal Ltd (ELL), company number 3707955, whose registered office is at Unit 2, Imperial Place, Maxwell Road, Borehamwood, Hertfordshire, WD6 1JN. ELL is authorised and regulated by the Solicitors Regulation Authority (SRA number 645296).
Our VAT number is GB247994645.
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 in the Conditions is a reference to ELL and a reference to our Lawyers 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 Unit 2, Imperial Place, Maxwell Road, Borehamwood, Hertfordshire, WD6 1JN. Our Lawyers 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 Service. The Service Provider in relation to each 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. Acceptance of the Conditions creates a contract between you and us. To avoid any doubt, DLG has no contractual relationship with, and therefore no liability to, you with respect to the Services.
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.
We grant to you a non-exclusive, non-transferable, limited licence only to use the Website, and the Services, in accordance with the provisions set out in the Conditions. In particular, the Website, and the services available on it, are for use only in connection with (1) your direct personal legal needs (if you are an individual) and those of any spouse, civil partner or cohabiting partner of yours when creating a 'paired' or mirror will; or (2) your direct business legal needs if you are a business. You may not use or exploit the Website, or any of the Services, for any professional or commercial purpose (including use of the Document Preparation Service to create legal forms or documents for resale). 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. If you are an individual, you represent and warrant that you are at least 18 years old. If you are using the Website on behalf of an organisation, you represent and warrant that you have the ability to agree to the Conditions on behalf of such organisation and all references to you throughout the Conditions will include such organisation, jointly and severally with you personally.
Minors are not eligible to use the Website and we ask that they do not submit any personal information to us.
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 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.
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:
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 Services 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 (or, if you are a business, to anyone other than an authorised person within your business). 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, if you are a business, 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.
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.
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.
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 services that are available are detailed below and comprise a legal information guide (Law Guide); a document preparation service (Document Preparation Service) and a document review service (Document Review Service).
The Document Review Service is currently performed by our Lawyers, and will be performed by our Lawyers until 31 January 2019. From 1 February 2019, this service will be performed by us.
The background to this change is that we currently outsource this service to our Lawyers because we were not authorised to perform this service ourselves. However, we are now regulated by the Solicitors Regulation Authority (SRA) and have decided to take the performance of this service back 'in house' from 1 February 2019. From that date, we will succeed to the practice of our Lawyers and our Lawyers will cease to exist as a separate legal practice.
In practice, you are only likely to be affected by this change if you ask for work to be carried out very shortly before 31 January 2019 and that work has not been completed by that date. In that situation, the work will be started by our Lawyers, but completed by us. However, all staff of our Lawyers are transferring to us, so your matter will be dealt with without any loss of continuity and without any change of personnel.
The information contained in the Law Guide is provided by us. It provides general legal information only and should not be understood as providing legal advice to be applied to a specific situation.
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 very recent events or changes in the law. We will endeavour to place a guidance note on the Law Guide to indicate where a change in law has taken place affecting information contained in the Law Guide and we will endeavour to update that information within six weeks of the change in law. However, we do not promise, warrant, or guarantee that the Law Guide is correct, complete, or up-to-date. We are not responsible for any errors or omissions in the information provided in the Law Guide. Further, we cannot be held responsible for any action taken or not taken by you as a result, direct or otherwise, of information contained in or accessed through the Law Guide. Before you act or rely on the Law Guide, you should take specific legal advice from a licensed legal practitioner.
The Document Preparation Service is provided by us. It does not provide legal advice nor does it represent a legal service; it is an automated software solution provided to persons who choose to prepare their own legal documents. It is designed to collect relevant information and data to assist you in preparing 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 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.
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 or on the Website. 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 that you have completed online using any Try Before You Buy service (Trial Documents) will be stored online for a minimum period of two years; other Documents completed online will be stored online for a minimum period of six years. After these periods you may not be able to obtain online access to your Documents or Trial Documents, and they may be deleted. We reserve the right to levy a reasonable recovery charge in respect of any Documents or Trial 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 or Trial Documents offline and levy a reasonable recovery charge for you to access them again.
We will not have any responsibility for the following:
Where the Document is a will:
There is no obligation or duty to supervise its signing.
Also, with respect to a will, we have no responsibility and will accept no liability for verifying:
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.
A document pack consists of access to a range of Documents that may be created using the Document Preparation Service. The details of what is included in the pack will be outlined on the Website.
The document templates may 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.
This review will be provided by our Lawyers until 31 January 2019 and then by us from 1 February 2019.
When you submit a Document for review, we or our Lawyers may telephone you or email you to clarify your requirements.
The Document review is performed by us or our Lawyers only as part of a Limited Engagement.
You will be provided with a separate, written engagement letter setting out the terms of the Limited Engagement.
We or our Lawyers will exercise all due skill and care when carrying out a Document review in accordance with Limited Engagement terms. We or they will perform our or 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 will be done, as follows:
What work will be done
The scope of the work that will be done by us or our Lawyers is:
To that intent, we or our Lawyers shall:
What we or our Lawyers will not do
We or our Lawyers will not have responsibility for, and exclude liability for:
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, we or our Lawyers will assess, in good faith, if it will be practical or appropriate for us or them to provide, or continue our or their work under, the Limited Engagement, or if any work you want us or 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 we or they consider it appropriate to take any of the steps referred to in the fair use policy below, we or they will, if possible, consider and discuss with you if and how we or 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, we or they will discuss with you your options.
Fair use restrictions applicable to the Document Review Service
We or our Lawyers will aim to complete a Limited Engagement quickly and efficiently. We or they expect that in most cases the work that we or they undertake as part of a Limited Engagement will take no more than one hour in total. We or 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:
A lawyer/client relationship may only be established with us or with our Lawyers with respect to the Document Review Service.
A lawyer/client relationship will only be established in relation to the above service by your express or implied acceptance of our or our Lawyer's engagement letter and our or their confirmation of our or their agreement to act for you after conflict checking and other verification processes have been completed.
No lawyer/client relationship is established by use of the Law Guide; the Document Preparation Service; or any other use of the Website.
The Law Guide provides general legal information only. The Document Preparation Service provides an automated software solution to persons who choose to prepare their own legal documents.
The law is a personal matter, and no general information or automated solution of the sort that we provide can fit every circumstance. Because of this, except in the circumstances where a lawyer/client relationship is established, we cannot, and do not, 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. Nor, when you use the Document Preparation Service (except as part of the Document Review Service), can we provide you with any legal advice about which template to select, whether a template is appropriate for your situation, draw legal conclusions from your answers or review your answers for legal sufficiency.
Therefore, where no lawyer/client relationship is established, 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 licensed legal practitioner.
We are a 'multi-disciplinary practice'. This means that only some of the work we perform is regulated by the SRA. All work performed by us where a lawyer/client relationship is established is regulated by the SRA, but our other, non-legal activities are not. For example, the provision by us of the Law Guide or 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 your right to take that complaint to the Legal Ombudsman.
When providing the Services, we do not expect to provide any financial services which are 'regulated activities' under the Financial Services and Markets Act 2000.
Use of the Website and the content on the Website and the 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 Service shall be against the applicable Service Provider of the 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, howsoever arising (except where and to the extent that there is a lawyer/client relationship between us), in respect of:
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:
We shall not be liable for:
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.
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 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 Service on a previous occasion.
These terms and conditions shall not affect your statutory rights as a consumer (where applicable).
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, 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.
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 email@example.com.
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 any Service on your own behalf or on behalf of any organisation on whose behalf you may act, signifies your or said organisation's consent and agreement to the Conditions.
Updated 19 December 2018