Cleardocs payment security
Terms and conditions of use
Part A: Introduction
1. These Terms and Conditions set out the terms on which you may use;
1.1. our website www.Cleardocs.co.uk (the Website) and
1.2. any of the services we make available via the Website or direct.
Please read these terms carefully.
2. If you do any of the following, then you confirm that you accept these terms and agree to be bound by them:
2.1. use any of our services;
2.2. order any of our contracts, policies or other documents (Documents); or
2.3. use or access the Website in any way.
3. The Documents have been prepared in compliance with the laws of England and Wales for the specific purposes indicated in each case. They may not be suitable for use in other parts of the UK or overseas. None of the Documents may be used for any purpose in any countries other than England and Wales.
4. You should print a copy of these Terms and Conditions for future reference.
Please click on the button marked I Accept at the end of these Terms and Conditions if you accept them. If you do not agree to the Terms and Conditions, then you will not be able to access any Documents from the Website.
PART B: Specific Terms applicable to the Services
1. Your Status
1.1. By placing an order through our Website, you warrant that:
1.1.1. you are legally capable of entering into binding contracts; and
1.1.2. if you are an individual, that you are at least 18 years old.
1.2. If you place an order through our Website in your capacity as an agent acting on behalf of a third party client, then you warrant that:
1.2.1. you are authorised to conclude and enter into contracts in the name of and on behalf of your third party client; and
1.2.2. you have brought these Terms and Conditions to the attention of your third party client.
2. Cleardocs Acknowledgements
2.1. Cleardocs agrees that:
2.1.1. it has taken all reasonable care to engage a law firm to ensure that the legal clauses and provisions that will be inserted in and constitute the Documents you order via the Website are accurate and appropriate for the type of Document ordered. However, Cleardocs makes no warranty as to the suitability or otherwise of any Document for your specific purposes or as to the suitability or otherwise of the clauses in any Document you select for your specific purposes;
2.1.2. all your personal and billing information that is identifiable to you will be kept confidential, and will be protected by security identification procedures. We will not disclose that information (in a way that makes the information identifiable to you) to anyone else without your consent or save as may be required by a court or in order to comply with any legal obligation; and
2.1.3. the Documents you order through our service will be delivered to you on the earlier of when you download them or when they are sent by us by email to the address you have nominated.
3. Your Licence to use the Documents
3.1. Cleardocs agrees that you will have a non-exclusive licence to use the Documents that you order using our service in consideration of the fees you pay to Cleardocs.
3.2. Each Document is licensed to you on a non-exclusive basis and on the condition that you do not transfer or resell the licence to any third party. You may however provide the documents to your client or principal.
3.3. In relation to your use of our service and the Documents you order, you agree that:
3.3.1. you must not use any part of the Documents in connection with creating another document;
3.3.2. you must not use any part of the Documents for any purpose except the specific purpose for which they were ordered;
3.3.3. you must not copy any part of the Documents for any purpose except in relation to the transaction for which they were ordered;
3.3.4. you must not modify the Documents in any way after they are sent to you and neither Cleardocs nor Ashfords is to be responsible for any losses which you suffer as a direct or indirect result of any modification without such approval;
3.3.5. you must not interfere with, alter or attempt to copy or reproduce any part of our service or the Documents you order while using them;
3.3.6. you must not incorporate any part of our service, Website or Documents in any other program, system or document creation package; and
3.3.7. you must not represent that the Documents ordered using our service were created by your own resources, or those of a third party (other than us or anyone else who signs-off and endorses for us the master documents from which your Documents are generated).
3.4. You agree that:
3.4.1. the licence to you under this clause 3 is limited to the creation of the Documents for which you have paid and that once those Documents have been ordered, the licence ends; and
3.5. your licence under this clause 3 will also end if you breach any material obligations contained in these terms and conditions.
4. You will be able to access the Documents in three ways (further details available on the Website):
4.1. Basic Model
4.1.1. You pay the price to Cleardocs and access one iteration of the Document.
4.1.2. For the price, you have access to the Ashfords helpline for one brief telephone call only of up to a maximum of 15 minutes.
4.2. Legally Assisted Model
4.2.1. You pay an enhanced fee to Cleardocs and access one iteration of the Document.
4.2.2. For the price, you have access to the Ashfords helpline for one (or more) telephone call(s) of up to a maximum of 30 minutes in total.
4.2.3. If that time is insufficient, you can return to the Website to buy more units of time.
4.3. Client Relationship
4.3.1. You pay the price to Cleardocs and access one iteration of the Document in accordance with either the Basic Model or the Legally Assisted Model set out above.
4.3.2. During the course of your telephone call with Ashfords, you agree with Ashfords that it is appropriate for you and Ashfords to enter into a direct client relationship. This may be because your matter is particularly complex or high risk.
5. Cleardocs does not give Legal Advice
5.1. You agree that:
5.1.1. we can not, and do not, give you legal advice;
5.1.2. the company that owns and operates www.cleardocs.co.uk (Cleardocs UK Limited) is not a law firm;
5.1.3. our service provides information to help you answer the questions and to order a Document and that that information is information only, not advice;
5.1.4. we can not and do not warrant that a Document you decide to order is appropriate or suits your needs;
5.1.5. we can not and do not warrant that your use of our service is appropriate or suits your needs;
5.1.6. the legal, commercial and taxation effects of a Document vary and a Document's suitability will therefore vary according to particular circumstances;
5.1.7. only you know the purpose for which you intend to apply a Document you order and that we are not responsible for the choice you make regarding the Document that you order. Therefore, for advice concerning a Document's suitability you must consult with a professional advisor, for example:
a lawyer in relation to whether a Document is appropriate or suits your needs;
a registered tax agent concerning a Document's accounting and taxation implications; or
a licensed financial planner concerning a Document's financial planning implications;
5.1.8. the master documents are general only and prepared by the law firm Ashfords (not Cleardocs);
5.1.9. Ashfords (not Cleardocs) provides all information, commentary, advice and other documents (including sample letters) which appear on our website and which are expressed as having been provided by the law firm Ashfords; and
5.1.10. Cleardocs is not aware of any reason to doubt the accuracy or the quality of Ashfords' work even so, Cleardocs is not a lawyer and Cleardocs' only responsibility is to engage a lawyer which it does.
6. The Document you order depends on your answers
You agree that:
6.1. certain information is included in the Documents you order as a result of the answers you give to the questions asked of you when using our service;
6.2. you are fully and solely responsible for the information included in the Document as a result of the answers you give to the questions; and
6.3. neither we nor Ashfords are not responsible for any mistake that you make in understanding the questions or how to answer them.
7. Price and Payment
7.1. The price for the Documents exclusive of VAT will be as shown on the Website from time to time, except in cases of obvious error.
7.2. Prices are liable to change at any time. However, changes will not affect orders for which we have already processed your payment or sent you the Documents (or both).
7.3. Payment for all Documents must be by credit or debit card. We accept payment with VISA, MasterCard and Maestro.
7.4. Once we have accepted your payment details, you will be charged the full price for any Documents you have purchased whether or not you complete those Documents.
8. Data Protection and Privacy
9. Intellectual Property Rights
All and any intellectual property rights in connection with the services delivered by Cleardocs shall be owned by Cleardocs and Ashfords absolutely.
10. Our Liability and Ashfords' Liability is Limited; YOUR ATTENTION IS DRAWN SPECIFICALLY TO THIS PARAGRAPH
10.1. We do not warrant that the operation of our service will be uninterrupted or that our service is virus free or error free.
10.2. If you are accessing our Website and services in the course of a business, then all implied warranties and conditions are excluded to the maximum permitted by law.
10.3. Neither We nor Ashfords have any liability for any defects in any services or Documents if the defect was caused or contributed to by you.
10.4. The total liability of us and Ashfords combined for the following losses is strictly limited to five (5) times the price you have paid for the relevant Document, losses arising in relation:
to your purchase of Documents or services;
to the content of the Documents; or
to our failure to deliver services contained on our Website.
10.5. However, the limit in clause 10.4 does not include or limit in any way our combined liability:
10.5.1. for death or personal injury caused by our negligence;
10.5.2. for fraud or fraudulent misrepresentation; or
10.5.3. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.6. Neither we nor Ashfords has any liability to you (howsoever arising, including any liability in tort) under or in connection with this agreement for any:
10.6.1. loss of profits or anticipated savings;
10.6.2. loss of or damage to reputation or goodwill;
10.6.3. loss of opportunity;
10.6.4. wasted management or other staff time;
10.6.5. losses or liabilities under or in relation to any other contract
10.6.6. for any other indirect, special and/or consequential loss or damage.
These apply regardless of whether the losses or damages are any of: direct or indirect, special or consequential.
10.7. Nothing in these terms and conditions excludes or limits your statutory rights.
11. If you are a business
If you are accessing our Website in the course of a business, then you agree to indemnify us and to keep us indemnified against any and all loss, liability, or cost we suffer that arising from or relate to:
your use of the services
you doing any of breaching our terms and conditions, any tortuous act or omission any breach of statutory duty.
12. If you are a consumer
If you are accessing our Website to use the services available through it otherwise than in the course of your business, then you have certain statutory rights as a consumer regarding the performance of services. These statutory rights are not and will not be affected by any statement contained in these terms and conditions.
13. Recovering Revenue Lost through Misuse or Breach
13.1. If we discover that we have lost revenue through your misuse of our Website and/or service or your breach of these terms and conditions, then you agree that we may recover from you each of the following:
13.1.1. the revenue we have lost;
13.1.2. our costs of discovering our loss and the extent of it;
13.1.3. our costs of recovering the revenue on a full indemnity basis; and
13.1.4. interest on any amount owing under this clause.
13.2. If we can show we have lost revenue through your misuse of our system or your breach of these Terms and Conditions, then you will allow us and any of our auditors or other advisers to access any of your premises, personnel and records as may be reasonably required in order to:
13.2.1. identify suspected fraud;
13.2.2. undertake verification that you have made use of our service in accordance with the provisions of these Terms and Conditions; and
13.2.3. determine the extent of our loss.
14. Refunds, Returns, Exchanges
14.1. You agree that because of the nature of our services we can only provide refunds at our absolute discretion, and in exceptional circumstances.
14.2. You agree that to apply for a refund, a return, or an exchange, you must write to us setting out:
14.2.1. the intended purpose to which the Documents were to be applied;
14.2.2. the identity and contact details of the person for whom you purchased the product (we may contact that person to discuss, and request copies of, the Documents you have provided to them);
14.2.3. the reasons that you want a return, a refund, or an exchange;
14.2.4. copies of the materials or Documents you have provided to that person in place of the Cleardocs product in relation to which you now want a refund, a return, or an exchange; and
14.2.5. any other information or materials we ask for that we believe is relevant to our decision.
15. Termination of services by us or by Ashfords or by both us and Ashfords
15.1. We reserve the right to cease providing services to you if we have reason to believe that you will fail to pay for the services or that you will not comply with these terms and conditions.
15.2. Ashfords reserves the right to:
15.2.1. refuse to act for you;
15.2.2. refuse to provide you with any assistance over the helpline or under the Legally Assisted Model; and/or
15.2.3. recommend that your requirements are such that it is not appropriate for Ashfords to provide you with advice over the helpline or the Legally Assisted Model and that a direct client relationship is more appropriate.
16. Our Right to Vary these Terms And Conditions
16.1. We have the right to revise and amend these Terms and Conditions from time to time to reflect: changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
16.2. The current version of the Terms and Conditions will be posted on the Website and you will be bound by the version in force at the time you order a specific Document.
17.1. 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. They replace any earlier agreement, understanding or arrangement between us, whether oral or in writing.
17.2. If any term, condition or provision of these Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, then it will (to that extent) be severed from the remaining terms, conditions and provisions. Those remaining terms, conditions and provisions continue to be valid to the fullest extent permitted by law.
17.3. Contracts for the purchase of Documents through our Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
18. Definitions And Interpretation
In these terms and conditions:
18.1. 'Ashfords' means Ashfords Solicitors of Ashford House, Grenadier Road, Exeter, EX1 3LH.
18.2. 'Cleardocs' means Cleardocs UK Limited, its agents, officers, successors and advisors and 'we', 'our' and 'us' have a corresponding meaning;
18.3. 'intellectual property rights' means all patents, database rights, trade marks and other similar rights wherever existing in the world whether registered or unregistered together with the right to apply for protection of the same.
18.4. 'liability' means liability of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities; and
18.5. 'our service' includes our Website, the interface, user system, and document merging engine and the menu of legal clauses that is used to generate Documents you order, and the services which we provide to you which are ancillary to these services, including telephone helplines.
Part C: Use of the Website
1. Access To The Website
1.1. The content of this Website is © Cleardocs UK Limited, and all rights are reserved.
1.2. You are allowed to print and download extracts from this Website for your own personal and non-commercial use.
1.3. The copyright and other intellectual property rights in all material on this Website are owned by us (unless otherwise stated).
1.4. Nothing in this Website is to be taken as creating any licence or right under copyright, trade mark or other intellectual property rights (except as expressly provided).
1.5. Any use of extracts from this Website for any purpose other than as permitted in this section of the Terms and Conditions is prohibited.
2. Service Access
2.1. Whilst we will try to make sure that the Website is available 24 hours a day, we are not liable if for any reason the Website is unavailable at any time or for any period.
2.2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
3. Visitor Material
3.2. By submitting any material to the Website, you make a legally binding promise to us that you have provided your consent to us and have obtained all necessary consents required by law for this material to appear on the Website. We rely on that promise. We have no obligations with respect to the material you submit.
3.3. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, text and other things embodied therein for any and all commercial or non-commercial purposes.
4. Our Website And Other Websites
4.1. You agree that:
4.1.1. our Website may contain hyperlinks and pointers to other websites and that we are not responsible for any information or other hyperlinks contained in these websites;
4.1.2. we provide the hyperlinks and pointers to you simply for your convenience, we are not endorsing any of them;
4.1.3. you access these other websites at your own risk; and
4.1.4. it is for you to decide whether these other websites should be relied on.
Each registration is for a single user only (a user can be an individual, a partnership or any other legal entity). We do not permit you to share your user name and password with any other person outside of your partnership or other relevant legal entity. Responsibility for the security of any passwords issued rests with you and you will be responsible for all losses which we or you suffer as a result of any breach of that security.
6.1. While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
6.2. The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.
7. Suspension and Termination
7.1. We reserve the right to suspend or restrict your access to the Website. We can do that in whole or in part, without notice, and at our entire discretion. We have this right, and may exercise it, without prejudice to any other rights we may have.
7.2. We have the right to terminate your use of this Website.
By clicking the 'I Accept' button below, you agree that you:
have read and understood these Terms and Conditions;
will be bound by the terms and conditions and that they will apply to everything you buy through our Website
Cleardocs UK Limited ("we", "us", "our") is concerned to protect and respect your privacy.
You can read this Policy to find out the basis on which we will process any personal data we collect from you, or that you provide to us. You also need to read our terms and conditions and any other documents referred to in this Policy. Please read those documents carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Cleardocs UK Limited of Grove House, Lutyens Close, Chineham Court, Basingstoke, RG24 8AG.
Our nominated representative for the purposes of the Act is Frances Critchlow, Director.
Information we may collect from you
We may collect and process the following data about you:
Information that you provide by filling in forms on Our Site www.cleardocs.co.uk ('Our Site'). This includes information you provide when: you register to use Our Site, you subscribe to our service, you post material, you carry out a transaction on Our Site, your order is fulfilled, you request further services, you respond to any communication we send you;
Any communication you have with us;
Details of transactions you carry out through Our Site and of the fulfilment of your orders;
Details of your visits to Our Site including, but not limited to: the resources you access and all traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise; and
Information obtained by us from third parties in accordance with the Act.
If you believe that the information we hold about you is inaccurate, then please email us at firstname.lastname@example.org and tell us about the inaccuracy. We will then check and, if neccesary, correct the information as soon as possible.
IP addresses and cookies
We may collect information about your computer, including your IP address, operating system and browser type. We may collect it for system administration and to report aggregate information to people we deal with. This aggregate information is statistical data about our users' browsing actions and patterns. It does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve Our Site and to deliver a better and more personalised service. For example, they enable us:
To estimate our audience size and its usage pattern;
To store information about your preferences, and so allow us to customise Our Site according to your individual interests;
To speed up your searches; and
To recognise you when you return to Our Site.
Where we store and process your personal data
All information you provide to us is stored on our secure servers. Any payment transactions are made using SSL technology. If we have given you (or if you have chosen) a password which enables you to access certain parts of Our Site, then you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to Our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses of the information
We use information we hold about you in the following ways:
To ensure that content from Our Site is presented in the most effective manner for you and for your computer;
To provide you with information, products or services that you request from us or which we feel may interest you, if you have consented to be contacted for those purposes;
To replicate an anonymous version of a question you may have raised with us on the Frequently Asked Questions (FAQ) pages of our Website;
To carry out our obligations arising from any contracts entered into between you and us;
To allow you to participate in interactive features of our service, when you choose to do so;
To provide you with an update in relation to a document that you have ordered from our Website;
To notify you about changes to our service; and
To comply with the law.
We may also use your data, or permit Ashfords to use your data to contact you by, for example, electronic means, by post, or by telephone:
to provide you with information about goods and services which may be of interest to you; and
to notify you of our bulletins, information packs and services or to provide you with legal updates which may be of interest to you.
For these last two purposes:
if you are an existing customer, we will only contact you by electronic means (email or SMS) with information about services similar to, or related to, those which were the subject of a previous sale to you.
if you are a new customer and we permit Ashfords to use your data, then we (or they) will contact you by electronic means only if you have consented to this.
We, or Ashfords, will only contact you about these things if you have ticked one of the relevant boxes on our site. If at any time you change your mind, then you can let us know by emailing us at email@example.com.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.
We may also disclose your personal information to Ashfords to enable Ashfords:
to operate a legal helpline which will provide you with legal advice and to ensure that their advice is appropriate for you;
to provide you with an update or alert in relation to a document that you have ordered from our Website (more than marketing or mere information); and
to enable Ashfords to provide services, that you have ordered through us, which requires Ashfords to contact you.
We may disclose your personal information to third parties:
If we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
If Cleardocs UK Limited, or substantially all of its assets, are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; or
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements; or to protect the rights, property, or safety of Cleardocs UK Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Usually, we will inform you (before we collect your data) if we intend to use your data for marketing purposes or if we intend to disclose your information to any third party for marketing purposes. You can exercise your right to prevent that by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers, affiliates and other third parties. If you follow a link to any of these websites, then:
we do not accept any responsibility or liability for the privacy policies (or their implementation etc.) which appear on these websites or the content or operation of these websites;
these websites should have their own privacy policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Opt-out boxes for use on the registration / order form
When registering with Cleardocs and when ordering documents various opt out boxes will appear allowing you to state how we may contact you and how we use your data. Should you change your mind about what we may contact you about, or how we use the data you can contact us at any time and we will update our records accordingly.
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