Terms of Service

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. Subject to Cause 10.2. below, should you wish to cancel any Goods or Services after ordering, we will refund your order, although we do reserve the right to deduct our reasonable costs of receiving your order and processing your refund, including but not limited to, any transaction fees that we incur.

10.2. The right to a refund does 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;

10.2.3 Where your order for the Services has been submitted on an ‘Express’ or otherwise expedited basis;

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.

10.4. You may 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.

10.8. If we detect unusual patterns of behaviour when you request a refund, we reserve the right to request you to prove your identity with photo ID and proof of address prior to processing any refund in order to comply with our Anti Money Laundering obligations.

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. Faulty 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