Terms & Conditions
Please read these Terms and Conditions carefully before using the e-counsel.io website. They set out the basis on which you may use our website and services.
About these terms
These terms and conditions (the “Terms”) govern your access to and use of the website located at www.e-counsel.io (the “Website”) and any services, tools, documents, content or support made available by Essential Counsel (“we”, “us”, “our”) (together, the “Services”).
By accessing the Website, creating an account, or purchasing or using any of the Services, you confirm that you have read, understood and agree to be bound by these Terms. If you do NOT agree, you must stop using the Website and the Services.
Who we are
Essential Counsel Limited (trading as Essential Counsel) is a company registered in England and Wales under company number 16723611, with its registered office at Cubo Soho at Ilona Rose House, 111-119 Manette Street, London, W1D 4AL. You can contact us at contact@e-counsel.io or by post at the address above.
Nature of our services
Our Services are intended to support you before you instruct a solicitor or other regulated professional. Nothing on the Website or in the Services should be taken to: constitute legal advice, an opinion on the law, or advice on your specific legal position; create a solicitor–client or any other regulated professional relationship between you and us; involve the conduct of litigation, advocacy, the preparation of instruments relating to real or personal estate or probate, or any other “reserved legal activity” under the Legal Services Act 2007; or guarantee any particular legal, regulatory or commercial outcome.
You remain solely responsible for any decision you take and for obtaining independent legal advice where needed. Any referral we make to a solicitor or other professional is for your convenience only; that professional is independent of us, and we are NOT responsible for the services they provide to you.
Your account
To use certain features you may be asked to register with us and provide information. You are responsible for the accuracy of that information and for maintaining the safety and security of your login details. You are responsible for all activity that occurs under your account.
Please tell us immediately if you become aware of any unauthorised use of, or security issue affecting, your account so that we may address it. We reserve the right to terminate accounts, and to edit, remove content or cancel orders, at our sole discretion.
Intellectual property
All materials, products and services on the Website, including all copyrights, trade secrets, trademarks, patents and other intellectual property rights in the content, tools, templates and materials we provide (excluding your own information), belong to us or our licensors and are protected by law.
We grant you a limited, non-exclusive, non-transferable licence to use these materials for your own personal or internal business purposes only. You must not reproduce, copy, resell, redistribute or make them available to third parties without our prior written consent.
You retain ownership of any content you upload or publish. You grant us a royalty-free, non-exclusive licence to display, use, copy, transmit and broadcast that content to the extent necessary to provide the Services.
Disclaimers
The Services and all content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we exclude all warranties, conditions and representations, whether express or implied, including as to accuracy, completeness, fitness for a particular purpose or that the Services will meet your requirements.
Because we do NOT provide legal advice, we do NOT warrant that any information, document or output is legally correct, complete or suitable for your specific circumstances. You should obtain independent legal advice before relying on it.
Limitation of liability
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.
Subject to the paragraph above, we will not be liable for any loss of profit, loss of business, loss of opportunity, or any indirect or consequential loss, however arising. Our total liability to you arising out of or in connection with the Services is limited to the total fees you paid to us for the relevant Services in the 12 months preceding the event giving rise to the claim.
If you are a consumer, these Terms do NOT affect your statutory rights, and we are only responsible for loss or damage that is a foreseeable result of our breach of these Terms.
Indemnity
If you are a business user, you agree to indemnify us and our affiliates and to hold us harmless against any losses, claims, damages, costs and expenses arising from your breach of these Terms or your misuse of the Services. We reserve the right to conduct our own defence and to select our own legal counsel.
Data protection and privacy
We process personal data in accordance with the UK GDPR and the Data Protection Act 2018. Our Privacy Policy explains how we collect, use and protect your personal data and forms part of these Terms.
We treat the information you provide as confidential and will not disclose it to third parties except as necessary to provide the Services, as permitted by our Privacy Policy, or as required by law.
Suspension and termination
We may suspend or terminate your access to the Website or Services if you breach these Terms, if required by law, or if we cease to provide the Services.
You may stop using the Services at any time. Termination does NOT affect any rights or liabilities that have accrued before termination, and the sections that by their nature should survive will continue to apply.
Complaints
We aim to provide a high standard of service. If you are unhappy with any aspect of our Services, please contact us at contact@e-counsel.io, and we will investigate and respond in accordance with our complaints procedure.
Changes to these terms
We may edit, modify or change these Terms at any time. The version published on the Website at the time you use the Services is the version that applies. Where we make material changes, we will take reasonable steps to notify you. Your continued use of the Services after changes take effect means you accept the updated Terms.
General
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision will not be a waiver of that provision.
You may not transfer your rights or obligations under these Terms without our prior written consent. We may transfer our rights and obligations to a third party, provided this does NOT adversely affect your rights. These Terms constitute the entire agreement between you and us in relation to the Services.
Governing law and jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or your use of the Website or Services, are governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction, except that if you are a consumer resident elsewhere in the UK, you may bring proceedings in your local courts.