Terms of use

General

The Wikivorce website ("the Website") is provided by Web Communities Limited ("WCL") company number 06460257 whose registered office is at 145-157 St John Street, London, EC1V 4PY.

Set out here are the terms and conditions ("the Conditions") that govern your use of the Website, and the services provided or offered to users of the Website ("User Services"). Our policy relating to the capture and use of personal data ("the Privacy Policy") as detailed on the Website forms a part of these Conditions. It is important that you read and understand these 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 WCL and a reference to a "Panel Firm" means a solicitors' firm that is a member of the Wikivorce panel to whom you will be referred in respect of a Limited Engagement or a Referral.

Reference to "Limited Engagement" means the provision of legal advice and drafting services provided by a Panel Firm to you under the terms of their own engagement letter in relation to the Document Preparation Service.

Reference to a "Referral" is a referral by us on your behalf to a Panel Firm in respect of the provision by that firm of legal services to you other than a Limited Engagement.

A reference to the "chosen jurisdiction" is a reference to the jurisdiction chosen by you during the document selection process.

These Conditions (and all communications) are in English and governed by, and will be construed in accordance with, English Law, and the English courts shall have jurisdiction in any legal proceedings.

Using the website

The Website is for use in relation to legal issues arising in the chosen jurisdiction.

The content of the Website is provided for information only, and does not constitute advice nor a recommendation to you that the products and services advertised on the Website are suitable for you in your personal circumstances.

Reasonable efforts will be made to keep the Website available for use; however access is not guaranteed to be available all the time. We will not be liable for any periodic unavailability of the Website.

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. 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.

If there are links from the Website to other websites operated by third parties, we do not guarantee you will be able to access the other website via any link on the Website. We do not guarantee the content or accuracy of any third party's website, nor do we accept any responsibility for your use of that website.

Document Preparation Service
The document preparation service ("the Document Preparation Service") is provided by us. It does not provide legal advice nor represent a legal service. It is designed to collect relevant information and data to assist in the preparation of a legal document ("the Document") on your behalf to enable a Panel Firm to provide the Limited Engagement.

The Document Preparation Service uses a document assembly and drafting system ("the System").

When using the Document Preparation Service you will be asked a series of questions; the answers you give will dictate the content of the Document produced by the System. You alone are responsible for ensuring the answers or any information that you give is correct (this includes information in relation to the identity of any parties or signatories, their age or capacity). We rely on you providing the correct information.

You must carefully check that the Document produced fully reflects your wishes. If it does not, you should not execute it. It is your responsibility to ensure that any Document is properly executed in accordance with the instructions that are provided to you.

Documents are prepared in accordance with the law of the chosen jurisdiction. You should not use them in any other jurisdiction, or if any person or entity who is to sign it or the property the Document deals with, is outside the jurisdiction of the chosen jurisdiction.

Before you act or rely on any Documents, you must take advice from the Panel Firm selected for the provision of the Limited Engagement. We disclaim all liability for actions taken or not taken based on the Documents and for the provision of the Limited Engagement by the Panel Firm.

Documents completed online will be stored for a maximum period of 6 years. After this period you may not be able to obtain 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 able to be 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.

We will not have any responsibility or liability for:

• Verifying your answers or any information given by you when using the Document Preparation Service;
• Proof reading all data you have input for typographical errors;
• Any alterations made by you or on your behalf to a document once it has been returned to you by us unless such alteration has been approved by us;
• The Limited Engagement provided by a Panel Firm;
• Supervising or checking the due and proper execution of any Document;
• Any use of a Document or execution of a Document by a person or entity outside of the jurisdiction of the chosen jurisdiction;
• Any adverse consequences if you use any Document without taking appropriate legal advice as to its suitability for your particular circumstances from the selected Panel Firm;
• Undertaking any future review of any Document or to provide any advice, legal or otherwise, as to the continuing effectiveness for legal, taxation or any other purpose of any Document.
  

Instalment payments
As part of the Limited Engagement you may be asked to make payment of our fees by instalments. These payments will be set out on the Website in relation to the service you have purchased. If you fail to complete the Limited Engagement (other than as a result of our failure or a failure of the selected Panel Firm to provide it) any instalments or fees paid will not be refundable.


Referral Services
The Website has a facility and functionality to enable you to be referred to a Panel Firm for the provision of legal advice other than by a Limited Engagement ("Referral Services"). The provision of those services and the terms upon which those services are provided to you are a contractual arrangement between you and the Panel Firm. We will not have any responsibility or liability for the provision of such services.

Registering for user services

In order to have access to the User Services you must register with us.

If you are an individual you must be aged 18 years or over to use the User Services.

Only when you have purchased a Website service will your username and password give you full access to access the client area ("the Client Area") of the Website and be able to use all of the User Services.

The use of the User Services from the Client Area is for your personal use only (except in the case of individuals on behalf of a partner, spouse or civil partner in respect of the Wills service, and in the case of any business services, any authorised person on behalf of the business). You shall not permit any other party to have access to the User Services or Client Area or to use the User Services. If you breach this term, we can without notice revoke your username and password and refuse access to the Client Area of the Website.

User services

Legal Document Review
The Legal Document Review Service is provided as part of the Limited Engagement by a Panel Firm. Once a Document has been drafted using the Document Preparation Service, you must send it electronically using the Website for review by the Panel Firm as directed on the Website. They may contact you by telephone or email to clarify your requirements.

When they advise you on the preparation of any Document they will exercise reasonable skill and care in the provision of this service to you in accordance with their engagement letter. They will perform 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.

Subject to any information to the contrary relating to service levels set out on the Website, their work ("the Limited Engagement") will cover:

• Review of the answers you gave the System;
• Review of the draft Document that has been produced by the System following your session on the Wikivorce Website;
• Any communications they instigate with you electronically via email or telephone; where they deem it appropriate, an interview to be conducted either over the telephone and/or in person subject to the service levels set out on the Website relating to the service you have purchased; confirmation to you based on such communications and/or interview that they are satisfied that the draft Document meets your requirements; answering any questions you may have raised when sending the Document to them for review;
• Any amendments that are required to the draft Document to ensure its suitability for your particular circumstances.

The scope of the Limited Engagement as set out above is based on the assumption that all communications with a Panel Firm via email and/or telephone will be subject to the service levels set out on the Website, and will be limited to those of importance and those which are wholly necessary for the purpose of enabling the Limited Engagement to be carried out quickly and efficiently. They will endeavour to respond to such communications as fast as they can, and aim to respond within 5 working days.

If they are of the opinion that they will be unable to complete their work within the scope of the Limited Engagement, they will advise you as soon as this information is available to them.

If you wish to continue to instruct them outside of the scope of the Limited Engagement they will agree with you the scope of the extra work they require to carry out, and provide you with another engagement letter setting out the additional work they consider will be required, together with an estimate of their fees for carrying it out.

They will not undertake any work outside of the scope of the Limited Engagement without your express written authority.

Where the Document is a Will or a trust:
Where Document is a Will or a trust we will provide them only in accordance with the law of the chosen jurisdiction and with the formalities for Wills that are to be signed under these laws.

There is no obligation or duty to supervise the execution of any Will nor to take responsibility for the Will being correctly executed. You will be provided with instructions on how to sign your Will in accordance with the law of the chosen jurisdiction.

When preparing a Will on your behalf we have no responsibility and will accept no liability for verifying:

1. your identity
2. you are over 18 years of age
3. your testamentary and / or mental capacity
4. whether you are or were subject to any undue influence when using the Document Preparation Service
5. whether you knew, understood and approved the contents of your Will
6. whether there were or might be any actual or potential third party beneficiary(ies) who might have a claim in law against your estate.

We do not assume any responsibility nor will we accept liability for failing to provide later advice on the terms of any Will or trusts 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 or trusts rests with you.

Solicitor/client relationship
No solicitor-client relationship is established by use of the Website. Sending or receiving information through this website does not establish a solicitor-client relationship. The appointed Panel Firm will establish a solicitor-client relationship with you only by your acceptance of their engagement letter and subsequent confirmation of their agreement to act for you after conflict checking has been completed.

Limitations

If we are held liable for any loss or damage to you for the provision of or failure to provide a User Service, such liability shall in all cases be limited to the payment of an amount not exceeding £2m in respect of any one claim or series of connected claims.

You acknowledge that the exclusions and/or limitations in these Conditions are reasonable having regard to the fact that the Website, Document Preparation Service and the Referral Service are freely accessible and available at no cost.

Intellectual property

Use of the Website and the User Services is subject to the notices of ownership of intellectual property rights detailed from time to time on the Website.

All rights in the design, text, graphics and other materials on the Website are the copyright of Web Communities Limited ("WCL") company number 06460257 whose registered office is at 145-157 St John Street, London, EC1V 4PY.

"Wikivorce" and the "Wikivorce" logos are either UK registered trademarks or other trademarks of WCL.

Copyright in the content of the website belongs to WCL.

Other conditions

We shall not be liable for any failure to provide or delay in providing any service resulting from circumstances or events outside of our control, for example due to strikes and other industrial disputes, breakdown of systems or network access, fire or explosions, or power failure.

If any part of these Conditions (and/or notices on the Website) are found to be invalid or unenforceable, then such part will be deemed replaced by a valid and enforceable provision that most closely matches the intent or the original part and the remainder of the provision shall continue in full force and effect.

If you do not use the Legal Document Review Service within 12 months of purchase you will not be able to obtain access to it thereafter. In such circumstances we shall not have any obligation to rebate you any part of the sum you have paid us.

We reserve the right to change the Conditions under which the Website or any User Service is offered.

No forbearance or delay by either party in enforcing the provisions of these Conditions will prejudice the rights, powers or remedies available to that party and such rights, powers or remedies will be cumulative.

You may not assign, subcontract or otherwise transfer any rights and obligations under these Conditions, whether in whole or in part, without our prior written consent. We shall be able to assign the benefit of all or part of these Conditions to any company or other entity which is from time to time part of WCL.

Headings in these Conditions are for convenience only and shall not affect their interpretation.

These Conditions represent the entire agreement between the parties.

Your acceptance of these Conditions signifies your consent and agreement to them.