These Terms of Service (“Terms”) are effective as of : 1 February 2023 “Effective Date”
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS WE EXPRESSLY STATE OTHERWISE.
1. Introduction
1.1. The website loftlegal.com (“the Website”) is operated and/or owned by Loft Legal Ltd (bearing Companies House number: 12000525) (hereinafter referred to as “Loft Legal”, “we”, “our” or “us”). The Terms herein are entered into by and between Loft Legal and the User. Any reference to “Loft Legal”, “we”, “our” or “us”, shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
1.2. These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the “Terms”) apply to any User who uses any one or more of the Services, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as “User”, “you” or” your”).
1.3. Accessing and/or use of the Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website.
1.4. To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Website. Such modifications will require acceptance by you prior to your continued use of the Website, and shall thereby be construed as your consent to the amended or updated Terms. Your only remedy, should you not agree to these Terms, is to expressly refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website. If you continue to use the Website or our Services, you will have been deemed to accept the updated version of these Terms.
2. Definitions
2.1. “Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using, or does not use, the Goods or Services offered by us;
2.2. “Business Days” shall mean any days which are not a Saturday, Sunday or public holiday in the United Kingdom during working hours;
2.3. “Cart” shall mean the User’s Cart on the Website in which it stores intended purchases prior to payment being made;
2.4. “Goods” shall mean the products as made available to a User for purchase on the Website, and which shall include standard template legal documents and bespoke documents;
2.5. “Party” or “Parties” shall mean Loft Legal Ltd and/or or the User as the context implies;
2.6. “Personal Information” shall mean the Personal Information as required from the User in order to register for the Services;
2.7. “Membership” means a commitment by a User to a subscription service with Loft Legal billed on a monthly basis;
2.8. “Registration Process” refers to the Registration Process to be followed by a Browser on our Website in order to enable them to use the Services and thus make the transition from a Browser to a User;
2.9. “Services” shall refer to the Services provided by us to the User as set out in clause 4 below, including, but not limited to, commercial, intellectual property, compliance, labour and other legal services;
2.10. “Terms” shall mean these Terms of Service and the Privacy Policy which may be found at www.loftlegal.com/privacy-policy 4/; and
2.11. “User” shall mean anyone who orders Goods or Services from us via the Website through a registered user account or as a guest.
3. Your Agreement to these Terms
Subject to, and on the basis of a User’s acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.
4. Our Goods and Services
4.1. The Website enables you to shop for and purchase Goods and Services.
4.2. The specification of the Goods is as set out on the Website at the time of your order.
4.3. The scope of the Services is limited to the description of the scope on the Website at the time of your order or as otherwise notified to you by us over e-mail or otherwise.
4.4. By ordering any Goods or Services you are agreeing that the provisions of the same will be governed by these Terms and any limitations included on the relevant product pages on the Website.
5. Registration Process
5.1. Only Users may sign up for our Memberships.
5.2. In order to register as a User you will, through the Registration Process, be prompted to provide login details as well as submit certain Personal Information as contained in the Privacy Policy.
5.3. The provisions pertaining to the processing of your Personal Information are set our more fully in our Privacy Policy.
5.4. In the event of a User becoming aware of the possibility that their login details are being used by someone else, please contact us immediately at info@loftlegal.com.
5.5 You remain responsible for all actions taken in relation to your User account.
6. Price of Goods and Services
The Goods and Services as selected by the User for purchase together with the individual price thereof shall be reflected in the User’s Cart. The price of each of the Goods and/or Services shall automatically be tallied in the Cart, as a total, which total shall be inclusive of VAT to the extent that we are registered for VAT.
7. Payment
7.1. Payment may be made in one of the following manners:
7.1.1. Credit Card – where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods and/or Services will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for such Goods and/or Services. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
7.1.2. Electronic Funds Transfer (“EFT”) or Bank Transfer.
7.2. In the case of the purchase of standard templates, these will only be released for delivery once payment has been received into our bank account. Where you have committed to purchase bespoke Goods or Services we shall not commence work on these until payment is received into our bank account in full.
7.3. In certain instances, we may permit payment for Goods to be made in arrears. In this regard, unless otherwise agreed, payment shall be made within 7 calendar days of the Goods being delivered to the User, failing which, such late payment shall be regarded as a breach of these Terms.
7.4. In the case of Memberships, we only accept recurring payments via debit card or credit card (“Payment Method”). If your chosen Payment Method fails on your recurring subscription payment date, we will contact you to let you know and give you the option to amend your Payment Method over the subsequent 7 days. We may try to take payment from your chosen Payment Method at other times over this period and your Membership will be suspended until payment is successful. If we are still unable to take payment after expiry of this period, your subscription will be cancelled.
8. Delivery of Goods and Performance of Services
8.1. The Goods shall be delivered by email or via a download link on the Website.
8.2. Our obligation to provide the Goods to you is fulfilled upon delivery thereof. We are not responsible for any loss or unauthorised use of the Goods after provision of them to you.
8.3. Where the Goods comprise of a bespoke document to be created by us, we will endeavour to provide a first draft within 5 Business Days. You will then have 5 Business Days to provide your feedback (“Comment Period”). Feedback shall be limited to a maximum of two rounds of requested changes to the document during the Comment Period. If your requests for changes go beyond these limitations, we reserve the right to charge an additional fee to carry out further work on the document at our discretion. This policy allows us to keep our fixed prices reasonable. We encourage you to always consider a draft document fully before providing your feedback.
8.4. Where you have ordered Services only, for example a consult over the phone or a query via our ‘Ask a Solicitor’ or “Ask an Attorney” function, the Services shall be discharged and deemed accepted by you upon completion.
8.5 If there is a shortfall payment required of you due to, for example, your measuring the length of an agreement incorrectly, the time period to deliver the Goods shall be calculated as from payment of the shortfall and not payment of the original amount.
9. Trade Mark Services
9.1. Where you have ordered trade mark registration services, the Services shall include:
9.1.1. Advice in regard to the availability of your trade mark in your chosen jurisdiction;
9.1.2. Advice as to the best classes to register the mark in consideration of your business needs.
9.1.3. Drafting of Nice class specifications to ensure that the registration covers your business operations accurately;
9.1.4. Submission of your application to the trade mark authority (“Applicable Authority”);
9.1.5. Any required, routine correspondence with the Applicable Authority prior to publication of the mark in the official journal; and
9.1.6. Passing on any relevant communications from the Applicable Authority or a third party that relate to your mark during the opposition period.
9.2. The Service shall not include:
9.2.1. Responses to any official communications from the Applicable Authority that are received after registration of your trade mark in the official journal; or
9.2.2. Response and/or advice in regard to any communications, claims or oppositions you may receive from third-party rights holders after the point at which you instruct us in regard to the Service.
9.3. If you have issues with the registration of your trade mark after publication in the official journal or as a result of third-party claims, we will be happy to advise and assist you. This is an area in which we specialise. However, this will incur additional charges.
10. Cancellation
10.1. When you purchase Goods and/or Services, a distance contract will be formed (“Contract“) which, if you are a consumer, is subject to the cancellation rights (“Cancellation Rights”) set out below. As a consumer, you can cancel your order for Goods and/or Services by telling us within 14 days of ordering the Goods or Services (the “Cooling-off Period”), if you simply wish to change your mind and without giving us a reason and we will issue you with a full refund.
10.2. These Cancellation Rights, however, do not apply where:
10.2.1 You have already received the Services when you cancel e.g. where you have had a consult with one of our practitioners or received a reviewed document;
10.2.2 Where you have ordered bespoke Goods or Services;
10.2.4 Where you have already been provided with access to digital content; or
10.2.5 Where you have purchased Goods or Services as a business i.e. in the course of your trade or profession.
10.3. Where you have a Membership with us, you may cancel within the Cooling-off Period and receive a pro-rated refund in respect of the number of days remaining in the first monthly billing cycle.
10.4. You may also cancel your Membership at any time on providing 30 days’ notice of your decision. Your Membership will then terminate without liability on your behalf after the 30 day period has elapsed. You shall be entitled to make use of your Membership benefits up until the point of termination.
10.5. To exercise the right to cancel this Contract, you must inform us of your decision to cancel by a clear written statement via the Website or via e-mail. We will then communicate to you an acknowledgement of receipt of such cancellation in a durable medium (for example by email) without delay. Once you cancel a Membership, please be advised that your access to the Website will be terminated on the cancellation date and you will not be able to access any documents stored thereon.
10.6. If a reimbursement is due under these Terms, we will make the reimbursement without undue delay and in any event, not later than 14 days after the day we receive your cancellation notice.
10.7. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. If you cancel without giving a reason, we will charge you any costs we incur in refunding you including bank charges. If you cancel due to our breach of these Terms you will not incur any fees as a result of the reimbursement.(“Contract”
11. Nature of the Digital Content
11.1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The digital content that we provide to you must be as described, fit for purpose and of satisfactory quality.
11.2. We are under a legal duty to supply digital content that is in conformity with the Contract.
11.3. When we supply the digital content:
11.3.1. we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
11.3.2. we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our site; and
11.3.3. you acknowledge that there may be minor errors or bugs in it.
12. Fully Digital Content
12.1. If your digital content is faulty, please contact us.
12.1. To avoid faults in the digital content, you must use it only on the recommended third party software and equipment set out in the guide to its use or on our Website.
13. Warranties by the User
13.1. The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible.
13.2. The User further warrants that when registering on the Website they:
13.2.1. are not impersonating any person; and
13.2.2. are not violating any applicable law regarding use of personal or identification information.
13.3. Further and insofar as the Registration Process is concerned, the User warrants that the login details shall:
13.3.1. be used for personal use only; and
13.3.2. not be disclosed by a User to any third party.
13.4. The User agrees that, once the correct login details relating to the User’s account have been entered, irrespective of whether the use of the Log in Details is unauthorised or fraudulent, the User will be liable for payment of any such Goods or Services purchased.
14. No warranty
14.1. We make no representation or warranty (express or implied) that the Website or Services will:
14.1.1. meet a User’s needs;
14.1.2. be accessible at all times;
14.1.3. be accurate, complete or current; or
14.1.4. be free from viruses.
14.2. Subject to any express terms, Loft Legal makes no representation or warranty as to the volume or subject area of Services accessible through the Website.
14.3. Except for any express warranties in these Terms the Services are provided “as is”. Loft Legal makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Website.
14.4. Loft Legal does not warrant that the use of the Website will be uninterrupted or error free, nor does Loft Legal warrant that we will review information for accuracy.
14.5. Loft Legal shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Loft Legal. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.
14.6. We utilise Artificial Intelligence (“AI“) software to underpin some of our Goods and Services. You acknowledge that the outputs provided by the AI are for informational purposes only and do not constitute advice upon which you should rely. AI is not a substitute for the guidance of a lawyer or any other type of professional advice and we strongly recommend that you solicit input from appropriately qualified advisers (like ourselves) before using AI generated content as a basis for making any serious financial or legal decisions. Consequently, we accept no liability whatsoever for any losses you may incur as a result of reliance upon the AI outputs alone.
15. Acceptable Use
15.1. A User may:
15.1.1 Not use the Website for any objectionable or unlawful purpose.
15.1.2 After the purchase of Goods or Services add a review or comment relating to the Goods or Services purchased although we reserve the right to remove any such review in the event that same is untrue, inflammatory or libellous.
15.1.3 Not send to us spam mail, or make use of other unsolicited mass e-mailing techniques.
15.1.4 Not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us.
15.1.5 Not sell, redistribute or use information contained on the Website for a commercial purpose without our prior written consent.
15.1.6 Not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website or any of our emails.
15.2 Users understand and agree that they are solely responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website or the Goods and Services.
16. Links to other Websites
The Website may contain links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.
17. Limitiation of Liability and Indemnity
17.1. The Website shall be used entirely at a User’s own risk.
17.2. We are not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct of Users in connection with the Website, or any other person’s use of or conduct in connection with the Website, in any circumstance.
17.3. We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. Users are responsible for implementing appropriate processes, systems and procedures to protect themselves from this type of issue.
17.4. Users indemnify us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with the Website, including any breach by a User of these Terms or any applicable law or licensing requirements.
17.5. To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these Terms, might apply in relation to a User’s use of the Website.
17.6. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or delict (including negligence) to a User will be limited to the minimum amount imposed by such law.
17.7. Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in contract, tort or otherwise.
18. Intellectual Property
18.1. The content of the Website and the underlying intellectual property rights in the Goods and Services are the property of Loft Legal, unless specified otherwise, and are protected by laws of copyright enshrined in international law via treaties around the world. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services (including outputs from AI), is our property, unless credit is attributed to the author thereof, and is, likewise, protected.
18.2. Except as stated in the Terms, none of the content on the Website or within the Goods or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair dealing under the Copyright Designs and Patents Act 1988 United Kingdom or without our prior written permission, which should such consent be provided, we reserve our right to withdraw at any stage, in our sole and absolute discretion.
18.3. Users are expressly prohibited from “mirroring” any content contained on the Website, on any other server unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
18.4. The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Goods or Services in a false, misleading, derogatory, or otherwise offensive manner. Users may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.
18.5. All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Website, where not evidently that of third parties, are the exclusive property of Loft Legal.
18.6. Users undertake not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us.
18.7. We own or are licensed to use all intellectual property on the Website. Users may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.
18.8. “Loft Legal” is a registered trade mark with registration number UK00003843847 and is therefore legally protected. No rights are granted to User or any third-parties to reproduce or use our trade mark for any purpose without prior written approval
19. Breach
If either party commits a breach of the Terms and fails to remedy such breach within 7 days of receipt of written notice requiring the breach to be remedied, then the party giving notice shall be entitled, at its option, either to terminate the Terms and claim damages or alternatively to claim specific performance of all the defaulting party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.
20. Assignment and Novation
We may assign or novate any of our rights or obligations under these Terms without a User’s consent. Users may not assign or novate any of their rights without our express permission
21. Force Majeure
21.1. The failure of either party to fulfil any of their obligations under these Terms shall not be considered to be a breach of, or default provided such inability arises from an event of force majeure, and that either of the parties who may be affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to meet these Terms, and has informed the other as soon as possible about the occurrence of such an event.
21.2. During the subsistence of force majeure, the performance of both parties under these Terms shall be suspended, on condition that either of them may elect to cancel any Services should the event of force majeure continues for more than 14 days by giving written notice to the other.
22. Severance
If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
23. Notices and Contact Information
23.1. The User and Loft Legal choose as their respective notice addresses for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
23.1.1. Loft Legal Ltd: Kemp House 152-160 City Road, London, EC1V 2NX, United Kingdom. Email: info@loftlegal.com.
23.1.2. User: The e-mail and postal address as provided when registering on the Website.
23.2. The User may change its notice address to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of notice address.
23.3. All notices to be given in terms of these Terms will, be given in writing, be delivered or sent by email and be presumed to have been received on the date of delivery.
24. General
24.1. These Terms contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to these Terms.
24.2. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no third party will have any right to enforce or rely on any provision of these Terms.
24.3. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
25. Govering law, jurisdiction and complaints
25.1. These Terms and any dispute to arise from the use of the Website, Goods or Services (including any non-contractual matters) are and will be governed by the laws of England and Wales and the English and Welsh courts shall have exclusive jurisdiction to resolve any disputes including non-contractual disputes and claims.
25.2. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, Clients should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.