Terms of Use (Business)

BACKGROUND: 

 

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, legalutopia.co.uk (“Our Site”) and the mobile application operated by Us (“Our Apps”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site and/or Our Apps. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site and/or Our Apps immediately. 

 

 

 

1. Definitions and Interpretation 

1.1          In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 

Account” means an account required for a User to access and/or use certain areas of Our Site and/or Our Apps, as detailed in Clause 4;

Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site and/or Our Apps;

User” means a user of Our Site and/or Our Apps;

User Content” means any content submitted to Our Site and/or Our Apps by Users including, but not limited to, legal problem descriptions, reviews, feedback, and notes; and

We/Us/Our” means Legal Utopia Limited, a company registered in England under 10909418, whose registered address is Level 30, The Leadenhall Building, 122 Leadenhall Street, City of London, EC3V 4AB.

 

2. Information About Us

2.1          Our Site, legalutopia.co.uk, is owned and operated by Us.

2.2          Our Apps, available from the Apple App Store and Google Play Store, are owned and operated by Us. 

2.3          We are regulated by the Information Commissioner’s Office under registration number ZA324233. 

2.4          We specifically provide a Disclaimer (Our “Disclaimer”) in relation to the provision of Our Site and Our Apps to you under these Terms of Use.

2.5          You may be able to make a complaint to the Legal Ombudsman about the pricing or quality of legal services We provide under these Terms of Sale here: https://www.legalombudsman.org.uk/make-a-complaint

2.6          You can make a complaint to the Information Commissioners’ Office here: https://ico.org.uk/make-a-complaint/

2.7          You can make a complaint to Us under Our complaints policy available here: https://www.legalutopia.co.uk/complaints-policy

 

3. Access to Our Site

3.1          Access to Our Websites and Our Apps is free of charge.

3.2          It is your responsibility to make any and all arrangements necessary in order to access Our Websites and Our Apps.

3.3          Access to Our Site and Our Apps is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site and/or Our Apps (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site and/or Our Apps (or any part of it) is unavailable at any time and for any period.

 

4. Accounts

4.1          Certain parts of Our Site and/or Our Apps (including the ability to purchase services from Us) may require an Account in order to access them.

4.2          You may not create an Account if you are under 18 years of age.  

4.3          When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4          We require that you choose a strong password for your Account, consisting of a combination of lower and upper-case characters and including numbers and special characters. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at customerservice@legalutopia.co.uk. We will not be liable for any unauthorised use of your Account.

4.5          You must not use anyone else’s Account. 

4.6          Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 16.

4.7          If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your personal data. Closing your Account will also remove access to any areas of Our Site and/or Our Apps requiring an Account for access. Removal of your personal data may take up to 30 days.

 

5. Intellectual Property Rights

5.1          With the exception of User Content (see Clause 6), all Content included on Our Site and/or Our Apps and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2          Subject to sub-Clause 5.3, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site and/or Our Apps unless given express written permission to do so by Us.

5.3          You may:

5.3.1      Access, view and use Our Site and/or Our App in a web browser (including any web browsing capability built into other types of software or app) or in an App Store;

5.3.2      Download Our Site and/or Our Apps(or any part of it) for caching;

5.3.3      Print one copy of any page(s) from Our Site or Our Apps for personal use;

5.3.4      Download extracts from pages on Our Site and/or Our Apps; and

5.3.5      Save pages from Our Site and/or Our Apps for later and/or offline viewing.

5.4          Our status as the owner and author of the Content on Our Site and/or Our Apps (or that of identified licensors, as appropriate) must always be acknowledged.

5.5          You may not re-use any Content printed, saved or downloaded from Our Site and/or Our Apps for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site and/or Our Apps by consumers. 

 

6. User Content

6.1          User Content on Our Site and/or Our Apps includes (but is not necessarily limited to) legal problem descriptions, reviews, feedback, and notes.

6.2          An Account is required if you wish to submit User Content.  Please refer to Clause 4 for more information.

6.3          You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 11.

6.4          You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.5          You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site and/or Our Apps. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site and/or Our Apps. 

6.6          If you wish to remove User Content from Our Site and/or Our Apps, the User Content in question will be deleted or anonymised by removing any personal data. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

6.7          We may reject, reclassify, or remove any User Content from Our Site and/or Our Apps where, in Our sole opinion, if it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

6.8          We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

 

7. Links to Our Websites and Our Apps

7.1         You may link to Our Site and/or Our Apps provided that:

7.1.1      you do so in a fair and legal manner;

7.1.2      you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

7.1.3      you do not use any logos or trade marks displayed on Our Site and/or Our Apps without Our express written permission;

7.1.4      you do not do so to mislead, report or spread false information, or otherwise act in a discriminatory or malicious way; and

7.1.5      you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

 

7.2          You may not link to any page other than the homepage of Our Site,  legalutopia.co.uk, and/or Our Apps’ App Store preview page. Deep-linking to other pages requires Our express written permission. Please contact Us at customerservice@legalutopia.co.uk for further information

 

7.3          Framing or embedding of Our Site and/or Our Apps on other websites is not permitted without Our express written permission.  Please contact Us at customerservice@legalutopia.co.uk for further information.

 

7.4          You may not link to Our Site and/or Our Apps from any other site the somewhat notable proportion of content of which contains material that:

 

7.4.1      is sexually explicit;

7.4.2      is obscene, deliberately offensive, hateful or otherwise inflammatory;

7.4.3      promotes violence;

7.4.4      promotes or assists in any form of unlawful activity;

7.4.5      discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

7.4.6      is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.4.7      is calculated or is otherwise likely to deceive another person;

7.4.8      is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

7.4.9      misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

7.4.10   implies any form of affiliation with Us where none exists;

7.4.11   infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

7.4.12   is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

7.5          The content restrictions in sub-Clause 7.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

 

8. Links to Other Sites

Links to other sites may be included on Our Site and/or Our Apps. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site and/or Our Apps is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

9. Disclaimers

9.1          Nothing on Our Site and/or Our Apps constitutes advice on which you should rely, unless it is expressly stated to the contrary. It is provided for information and education purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site and/or Our Apps.

9.2          Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site and/or Our Apps will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. 

9.3          We make reasonable efforts to ensure that the Content on Our Site and/or Our Apps is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning services for sale through Our Apps. Please refer to Our relevant Terms of Sale.

9.4          To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site and/or Our Apps or the use of or reliance upon any Content (including User Content) included on Our Site and/or Our Apps.

9.5          If you are a business user, we hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site and/or Our Apps or Content. We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

9.6          If you are a consumer user, please refer to Our Terms of Use for consumers.

9.7          We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site and/or Our Apps resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, epidemic, pandemic, or legal restrictions and censorship.

9.8          Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

9.9          The limitations of liability included in this Clause 9 apply only to the use of Our Site and/or Our Apps and not to the sale of services, which is governed separately by Our relevant Terms of Sale.

9.10          We specifically disclose limitations in Our services provided on Our Site and Our Apps under Our Disclaimer. This Disclaimer is incorporated into these Terms of Use by this reference.

 

10. Viruses, Malware and Security

10.1       We exercise all reasonable skill and care to ensure that Our Site and/or Our Apps is secure and free from viruses and other malware.

10.2       You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

10.3       You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site and/or Our Apps.

10.4       You must not attempt to gain unauthorised access to any part of Our Site and/or Our Apps, the server on which Our Site and/or Our Apps is stored, or any other server, computer, or database connected to Our Site and/or Our Apps.

10.5       You must not attack Our Site and/or Our Apps by means of a denial of service attack, a distributed denial of service attack, or by any other means.

10.6       By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities, and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site and/or Our Apps will cease immediately in the event of such a breach or attempted breach.

 

11. Acceptable Usage Policy

11.1       You may only use Our Site and Our Apps in a manner that is lawful and that complies with the provisions of this Clause 11.   Specifically:

 

11.1.1   you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

11.1.2   you must not use Our Site and/or Our Apps in any way, or for any purpose, that is unlawful or fraudulent;

11.1.3   you must not use Our Site and/or Our Apps to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

11.1.4   you must not use Our Site and/or Our Apps for the purposes of competing with Us commercially or any other way;

11.1.5   you must not attempt to use, or use, Our Site and/or Our Apps for the purposes of reverse-engineering, decryption, unauthorised commercial exploitation, espionage, commercial interference, sabotage, or for other non-genuine uses contrary to that in which they are intended; and

11.1.6   you must not use Our Site and/or Our Apps in any way, or for any purpose, that is intended to harm any person or persons in any way.

 

11.2       When submitting User Content (or communicating in any other way using Our Websites and Our Apps), you must not submit, communicate or otherwise do anything that:

11.2.1   is sexually explicit;

11.2.2   is obscene, deliberately offensive, hateful or otherwise inflammatory;

11.2.3   promotes violence;

11.2.4   promotes or assists in any form of unlawful activity;

11.2.5   discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;

11.2.6   is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

11.2.7   is calculated or is otherwise likely to deceive;

11.2.8   is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

11.2.9   misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);

11.2.10   implies any form of affiliation with Us where none exists;

11.2.11   infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

11.2.12   is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

11.3       We reserve the right to suspend or terminate your access to Our Site and/or Our Apps if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:

 

11.3.1   suspend, whether temporarily or permanently, your Account and/or your right to access Our Site and/or Our Apps;

11.3.2   remove any User Content submitted by you that violates this Acceptable Usage Policy; 

11.3.3   issue you with a written warning;

11.3.4   take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

11.3.5   take further legal action against you as appropriate;

11.3.6   disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

11.3.7   any other actions which We deem reasonably appropriate (and lawful).

 

11.4       Any and all such breaches or events identified under this Clause 11 and Clause 10 will be investigated by Us and any relevant third-party expert necessary to assess the extent, purposes, and intention of said breach(es)/events. We reserve the right to seek redress including, but not limited to, damages for breach of contract and any commercial losses (including loss of reputation). You agree that such redress may include equitable remedies including, but not limited to, injunctive relief.

11.5       We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

 

12. Privacy and Cookies

Use of Our Site and Our Apps are also governed by Our Cookie and Privacy Policies, available from https://legalutopia.co.uk/cookie-policy.html and https://legalutopia.co.uk/privacy-policy.html

 

13. Changes to these Terms of Use

13.1       We may alter these Terms of Use at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site and/or Our Apps after the changes have been implemented. You are, therefore, advised to check this page from time to time.

13.2       In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

14. Contacting Us

To contact Us, please email Us at customerservice@legalutopia.co.uk or using any of the methods provided on Our contact page at https://legalutopia.co.uk/contact-us.html.

 

15. Communications from Us

15.1       If We have your contact details (if, for example, you have an Account), We may, from time to time, send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.

15.2       We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 5 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.

15.3       For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at customerservice@legalutopia.co.uk or via https://legalutopia.co.uk/contact-us.html.

 

16. Invite

16.1       We provide the in-app facility for users to refer other users to Our Apps and, in return, We will provide you with 1 free month’s subscription for your use for the Legal Checker service provided by Our Apps. You accept and agree that the Terms of Sale (Subscription) shall apply to the use of the Legal Checker service upon application to your account; this shall be a condition of such use of the Subscription and said Terms of Sale shall be incorporated by this reference.

16.2       To be eligible for a free month’s subscription, you must refer a new user to Our Apps and that user must create a new business account, for the first time, and make a subscription purchase within that new account. You must not have a pre-existing renewable subscription within your account.

16.3       We will automatically issue your account with a free month’s subscription upon meeting the eligibility criteria. Such issuance is non-exchangeable, cannot be refunded, or converted, or otherwise redeemed outside Our Apps.

 

17. Data Protection

17.1       All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

17.2       For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://legalutopia.co.uk/privacy-policy.html and Cookie Policy https://legalutopia.co.uk/cookie-policy.html  

 

18. Law and Jurisdiction

18.1       These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

18.2       If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.