General

The smartlegal website (‘the Website’) is provided by Lawtomation Limited (LL), company number 643063, whose registered office is at Lincoln House, Lincoln Lane, Smithfield, Dublin 7.

Set out here are the terms and conditions (‘the Conditions’) that govern your use of the Website, and the services provided or offered to users of the Website (‘User Services’). It is important that you read and understand these Conditions before you start to use the Website. You can print and keep a copy for your reference.

Reference to ‘our’, ‘us’ and ‘we’ on the Website is a reference to LL. By using the Website, you indicate that you accept the Conditions and that you agree to abide by them. If you do not agree to the Conditions, please refrain from using the Website.

The Conditions (and all communications) are in English and governed by, and will be construed in accordance with Irish law and the Irish courts shall have jurisdiction in any legal proceedings. We retain the right to bring proceedings against you for breach of the Conditions in your country of residence or any other relevant country.

Using the website

The content of the Website is provided for information only, and does not constitute advice or a recommendation to you that the products and services advertised on the Website are suitable for you in your personal circumstances.

Reasonable efforts will be made to keep the Website available for use; however access is not guaranteed to be available all the time. We will not be liable for any periodic unavailability of the Website.

Due to the nature of the internet and the possibility of third-party interference, the Website is not guaranteed to be free of all viruses and technical defects of any description. You acknowledge that you are responsible for making back-up copies of your data and taking appropriate precautions to protect your computer systems against technical defects, viruses or computer misuse. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

If there are links from the Website to other websites operated by third parties, we do not guarantee you will be able to access the other website via any link on the Website. We do not guarantee the content or accuracy of any third party’s website, nor do we accept any responsibility for your use of that website.

You may not establish a link to the Website from any other website without our prior written consent.

We reserve the right to withdraw or amend the services we provide on the Website without notice. From time to time, we may restrict access to some parts, or all, of the Website.

We aim to update the Website regularly and may change the content at any time. We do not guarantee that any of the material on the Website will be up to date at any given time.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.

When using the Website, you must comply with the provisions of our acceptable use policy as follows:

You may use the Website only for lawful purposes. You may not use the Website:

  • in any way that breaches any applicable local, national or international law or regulation
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
  • for the purpose of harming or attempting to harm minors in any way
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of the Website or documents produced by us which are available on the Website
  • not to access without authority, interfere with, damage or disrupt: any part of the Website; any equipment or network on which the Website is stored; any software used in the provision of the Website or any equipment or network or software owned or used by any third party

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the Conditions, and may result in our taking all, or any, of the following actions:

  • suspension or termination of your access to the User Services
  • issue of a warning to you
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
  • further legal action against you
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

The Services

The Services are as follows:

  • The Website offers a Pay Per Use Service (the User Services).
  • The User Services are available to non-Members (and their authorised personnel, if applicable) that have registered with us.

Registering for User Services

If you are an individual you must be aged 18 years or over to use the User Services.

In order to have access to the User Services you must register with us.

The User Services are for your personal use only. You shall not use or permit any authorised person to use the User Services for any other purpose. You shall not permit any other party to have access to the User Services. If you breach this term we can, without notice, revoke your username and refuse access to the User Services.

User services

Document Preparation Service

The online document preparation service (‘the Document Preparation Service’) is provided by us. It does not provide legal advice nor represent a legal service. It is designed to collect relevant information and data to assist you in the preparation of a legal document (‘the Document’).

The Document Preparation Service uses a document assembly and drafting system (‘the System’).

Only when you have purchased a Document or a valid subscription will you be able to draft a Document for printing or for legal review.

When using the Document Preparation Service you will be asked a series of questions; the answers you give will dictate the content of the Document produced by the System from the document process. You alone are responsible for ensuring the answers and any information that you give are correct (this includes information in relation to the identity of any parties or signatories, their age or capacity). We rely on you providing the correct information.

Where we assume responsibility for sending the Document to you once it has been completed, please note that in some cases, you may have selected a product that includes a document that is for use by another person. All such documents will, however, be sent to you once completed. Whenever you have selected a product that includes a document that is for use by a third party, you must confirm that you are authorised by the third party to receive their document on their behalf.

You must carefully check that the Document produced fully reflects your wishes. If it does not, you should not execute it.

All documents should be used in conjunction with proper advice as to their suitability for your particular requirements and circumstances. We cannot be responsible if you use a Document, or alter or amend it, without seeking proper advice.

We disclaim all liability for actions taken or not taken based on a Document.

It is your responsibility to ensure that any Document is properly executed.

The document processes available on the Website from which Documents can be created by you using the System have been prepared to produce Documents that comply with the law of the Republic of Ireland only.

If any person or entity that is to sign a Document is outside this jurisdiction, it is your responsibility to ensure that any Document is properly executed in accordance with the requirements of that jurisdiction where those requirements prevail.

Documents are prepared in accordance with the laws of the Republic of Ireland. You should not use them in any other jurisdiction.

We recommend that before reusing a Document you check the Website to ensure that you have the latest version of the document process from which it was created. If we have replaced that process with a revised version, we recommend that you recreate the Document from the latest version of the document process.

We will not have any responsibility or liability for:

  • verifying your authority or capacity to create a Document, or your answers or any information given by you when, using the Document Preparation Service
  • proofreading data you have input for typographical errors
  • verifying the suitability of any Document for your particular requirements and circumstances
  • any alterations made by you or on your behalf to a Document after it has been released to you
  • supervising or checking the due and proper execution of any Document
  • any use of a Document or execution of a Document by a person or entity outside of the chosen jurisdiction
  • any adverse consequences if you use any Document without taking appropriate legal advice as to its suitability for your particular circumstances
  • undertaking any future review of any Document or for providing any ongoing advice, legal or otherwise, as to the continued effectiveness for legal, taxation or any other purpose of any Document

Where the Document is a power of attorney

With respect to a power of attorney, we have no responsibility and will accept no liability for verifying the capacity of the donor or whether the donor was subject to any undue influence when using the Document Preparation Service.

Right to cancel

You have the right to cancel any service that you purchased on the Website within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day that you purchased the service.

To exercise the right to cancel, you must inform us of your decision to cancel the service by a clear statement (e.g. a letter sent by email or post).

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

If you cancel a service, we will reimburse to you all payments received from you for that service.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the service.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

If you asked us to begin to provide the service during the cancellation period, you shall pay us an amount for what has been performed up to the date that you exercised your right to cancel that is in proportion to the full amount payable for the service.

You can cancel a service/request a refund:

  • by e-mail: [email protected]
  • by post to: Lawtomation Limited Customer Relations, Suite 4, Lincoln House, Lincoln Lane, Smithfield, Dublin 7

Limitations

The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:

  • any breach of the Conditions
  • any representation, statement or tortious act or omission (including without limitation negligence) arising under or in connection with the Conditions, the Website or the User Services

Except as expressly and specifically provided in the Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Conditions.

Nothing in the Conditions shall exclude or limit:

  • liability arising from death or injury to persons caused by negligence;
  • liability arising as a result of fraud or gross negligence to which no limit applies

We shall not be liable for:

  • any loss resulting from the provision of any of the User Services by other Service Providers
  • any loss for which liability is disclaimed elsewhere in the Conditions; or
  • loss of profits; or
  • loss of business; or
  • depletion of goodwill or similar losses; or
  • loss of anticipated savings; or
  • loss of goods; or
  • loss of use; or
  • loss or corruption of data or information; or
  • any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

If we are held liable to you for any loss or damage, such liability shall in all cases be limited to the payment of an amount not exceeding €5,000, including costs and expenses in respect of any one claim. By accepting these terms and by using the Website you confirm that you are in agreement with this level of limitation. For the avoidance of doubt, a claim shall be defined as a claim or a series of claims (whether by one or more claimant) arising from, or in connection with, or attributable to, any one act, error, omission or originating cause or source or the dishonesty of any person or group of persons acting together, and any such series of claims shall be deemed to be one claim for all purposes under this clause.

You acknowledge that these exclusions and/or limitations are reasonable having regard to the fact that the Website and the User Services are freely accessible and available at no or low cost.

Intellectual property

Use of the Website and the User Services is subject to the notices of ownership of intellectual property rights detailed from time to time on the Website.

All rights in the design, text, graphics and other content and materials on the Website are the copyright of LL.

“smartlegal” and its respective logos may be either Republic of Ireland registered trademarks or other trademarks of LL.

Complaints

We are committed to providing quality services and products. However, in the event that you have a complaint in relation to services or products available from the Website please Contact Us.

Other conditions

We shall not be liable for any failure to provide or delay in providing any service resulting from circumstances or events outside of our control, for example due to strikes and other industrial disputes, breakdown of systems or network access, fire or explosions, or power failure.

If any part of the Conditions (or of any notice on the Website) is found to be invalid or unenforceable, then such part will be deemed replaced by a valid and enforceable provision that most closely matches the intent of the original part and the remainder of the provisions shall continue in full force and effect.

We reserve the right to change the Conditions under which the Website or any User Service is offered. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

No forbearance or delay by us in enforcing any of the Conditions will prejudice the rights, powers or remedies available to us and such rights, powers or remedies will be cumulative.

We shall be able to assign the benefit of all or part of the Conditions.

Headings in these Conditions are for convenience only and shall not affect their interpretation.

Your acceptance of the Conditions signifies your consent and agreement to them.