Terms & Supply of Services
This page (together with the documents referred to on it) tell you the terms and conditions on which we supply our services (Services) on our website at resolvedivorce.co.uk (Our Website). Please read these terms and conditions carefully before ordering any Services from Our Website. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these Terms and Conditions for future reference. Please tick the box marked ‘I accept the Terms and Conditions’ on the ARB1 application form to confirm you have read and accepted these Terms and Conditions. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Services from Our Website.
1. Your Status
2. How The Contract Is Formed
2.1 You will be required to sign up to our Services by completing an ARB1 application form. At that stage, you will be required to complete your contact and relevant personal details, make payment and click your acceptance to these terms and conditions.
2.2 All ARB1 applications are subject to acceptance by us. We will send you an e-mail that confirms acceptance of your ARB1 application (Acceptance Email). The contract between us (Contract) will only be formed when we send you the Acceptance Email.
2.3 The Contract will relate only to those Services where acceptance has been confirmed by us by our Acceptance Email.
2.4 The standard fixed fee charge detailed in Our Website is payable at the time of submission of your ARB1 application.
3. Cancellation Rights
3.1 Subject to clause 3.2 and in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you may cancel a Contract within 14 working days of the day after you receive the Acceptance Email (cooling off period). In this case, you will receive a full refund of the price paid for the Services in accordance with our refunds policy (set out in clause 6 below). Details of this statutory right, and an explanation of how to exercise it, are provided in the Acceptance Email. This provision does not affect your statutory rights.
3.2 If you have started to access and use the Services during the cooling off period, your Contract cannot be cancelled and the rights provided in clause 3.1 do not apply.
3.3 Upon cancellation of any Contract or failure to pay any invoice issued in respect of the Services by its due date you have a legal obligation to stop using the Services immediately and we can withhold your access rights. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5. Charges and Payment
5.1 Our Services are subject to the payment of charges and subject also to acceptance of your ARB1 application form.
5.2 Your Services will only commence once we have received full payment of all sums due for such Services.
5.3 The price of any Services will be as quoted on Our Website from time to time, except in cases of obvious error. These prices include VAT.
5.4 Prices are liable to change at any time, but changes will not affect charges for Services where we have already sent you an Acceptance Email.
5.5 We will verify prices as part of our Acceptance Email.
5.6 Payment for all Services must be by payment methods prescribed on Our Website. We will charge your credit or debit card upon receipt of your ARB1 application form.
5.7 There may be additional charges which you are entirely responsible for payment including Court Fees
6. Our Refunds Policy
6.1 If you have cancelled the Contract between us within the 14 day cooling-off period (see clause 3) and you have not accessed or started using the Services, we will process the refund due to you if you have paid for the relevant Services as soon as possible and, in any case, within 14 days of the day on which you give us notice of your cancellation. No refunds are due in any other circumstances.
6.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
7. Services and Delivery
7.1 We are not solicitors and do not provide legal services. We are NOT authorised or regulated by the Solicitors Regulation Authority.
7.2 We do not give you legal advice on any aspects of your case and we are not responsible or liable for any actions you take in relation to your case.
7.3 Timescales will vary in each individual case depending on the circumstances and due to factors outside our control such as delays by the court, incorrect information being given etc. We will aim to give you an estimate of timescales for the various stages of the process. We do not guarantee any timescales given regarding the delivery of our Services or services delivered by our Partners.
7.4 We shall use reasonable skill and care in the performance of the Services.
7.5 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7.6 You shall own all right, title and interest in and to all of data provide by you in relation to the Services and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of that data.
7.7 In providing the Services, we shall comply with our Data Protection Policy and Privacy and Cookies Policy relating to the privacy and security of your data.
8. Documents and Consent Orders
8.1 As part of the Services you will have access to certain materials and documents including but not limited to our Divorce Pack (“Documents”). Our Divorce Pack includes all necessary forms and templates which you may need to complete a divorce.
8.2 We do not complete, check or file with the Court any of these Documents or give you any legal advice in relation to completing any of the Documents. You are entirely responsible for completing any Documents and filing them with the Court.
8.3 The Documents have been drafted by experts and but due to ongoing changes in the legal systems the accuracy of the Documents maybe affect over time and certain Documents may need updating.
9.1 In the provision of the Services we shall provide you with access to certain recommended providers of professional services (“Partner(s)”) such as financial advisors, barristers, and counsellors.
9.2 The Services which are delivered by us are separate from any service which may be delivered to you by one of our Partners. Any services delivered by our Partners to you are on the basis of their own terms and conditions and any relationship exists between you and the relevant Partner. We do not accept any responsibility or liability in respect of the services supplied by our Partners.
9.3 You acknowledge that the Services may enable or assist you to access the website content of, correspond with, and purchase products and services from, our Partners and that you do so solely at your own risk.
9.4 We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any Partner website, or any transactions completed, service provided and any contract entered into by you, with any such Partners.
9.6 We do not endorse or approve any Partner website nor the content of any of any Partner website made available via the Services.
10.1 We may be given access to your confidential information. Your confidential information shall not be deemed to include information that:
- is or becomes publicly known other than through any act or omission of ours;
- was in our lawful possession before the disclosure;
- is lawfully disclosed to us by a third party without restriction on disclosure;
- is independently developed by us, which independent development can be shown by written evidence; or
- is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
10.2 We shall hold your confidential information in confidence and, unless required by law, not make your confidential information available to any third party, or use your confidential information for any purpose other than the implementation of this agreement.
10.3 We shall take all reasonable steps to ensure that your confidential information to which we have access is not disclosed or distributed by our employees or agents in violation of these Terms and Conditions.
10.4 We shall not be responsible for any loss, destruction, alteration or disclosure of confidential information caused by any third party.
11. Your Obligations
11.1 You shall not access, store, distribute or transmit any viruses, or any material during the course of your use of the Services that: is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; promotes unlawful violence; is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or in a manner that is otherwise illegal or causes damage or injury to any person or property;
11.2 We reserve the right, without liability or prejudice to our other rights to you, to disable your access to any material that breaches the provisions of this clause 11.
11.3 You shall not (except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties):
- and except to the extent expressly permitted under this agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of Our Website or Documents (as applicable) in any form or media or by any means; or
- attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of any software used as part of the Services; or
- access all or any part of the Services and Documents in order to build a product or service which competes with the Services and/or the Documents; or
- use the Services and/or Documents to provide services to third parties; or
- license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or Documents available to any third party, or
- attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation, other than as provided under this clause 11; and
- you shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documents and, in the event of any such unauthorised access or use, promptly notify us.
12. Our liability
12.1 This clause 12 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you:
- arising under or in connection with these Terms and Conditions;
- in respect of any use made by you of the Services and Documents or any part of them; and
- in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms and Conditions.
12.2 Except as expressly and specifically provided in these Terms and Conditions:
- you assume sole responsibility for results obtained from the use of the Services and the Documents by you, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or documents provided to us by you in connection with the Services, or any actions taken by us at your direction;
- all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement;
- the Services and the Documents are provided to you on an "as is" basis; and
- we only supply the Services and Documents for domestic, personal and private use. You agree not to use the Services or Documents for any commercial, business or re-sale purpose.
12.3 Nothing in this agreement excludes our liability:
- for death or personal injury caused by our negligence; or
- for fraud or fraudulent misrepresentation.
12.4 Subject to clause 12.2 and clause 12.3:
- we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and
- our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the total Charges paid by you for the Services.
12.5 Whilst we use our best endeavours to ensure that the Subscription Services are available 24 hours a day, seven days a week, we will not be liable if for any reason the Subscription Services are temporarily unavailable at any time.
13. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using Our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Resolve Divorce Limited at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when completing your ARB1 application. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer of rights and obligations
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. For the avoidance of doubt, you are not permitted to sell on or transfer the benefit of your Subscription Services to third parties. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) Strikes, lock-outs or other industrial action. (b)Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks, computer virus or other hostile computer attack. (f) The acts, decrees, legislation, regulations or restrictions of any government.
16.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20. Our right to vary these Terms and Conditions
21. Law and jurisdiction
Contracts for the purchase of Services through Our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with English law, and the English Courts shall have exclusive jurisdiction, although we retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.