amicable terms & conditions

Welcome to AMICABLE. We’re passionate about ‘amicable divorce’ and are delighted you see the benefits of divorcing without conflict and, putting kids first. AMICABLE is a trading name for E- NEGOTIATION LTD, a company registered in England and Wales under company number 09737396 whose registered address is at Unit 5, Sheen Stables, 119 Sheen Lane, London, England SW14 8AE, hereinafter referred to as ‘AMICABLE’ or ‘we’. These AMICABLE Service Terms & Conditions (the ‘Terms’) are the rules that govern the relationship between AMICABLE, and ‘you’, herein also referred to as ‘the user’, ‘you’ or ‘yours. We provide our services to both persons involved in the resolution of divorce, financial or co-parenting issues. Therefore, when we refer to 'you' we are referring to both of you.

These Terms govern your access to and use of our services and incorporate the AMICABLE Cookie Policy, AMICABLE Safeguarding Information and any Additional Terms (as applicable from time to time in respect of the download or purchase of any AMICABLE Services made available to you via here (the ‘AMICABLE Site’) (collectively called the ‘Agreement’). These Terms shall remain in full force and effect to the extent that make use of AMICABLE Services via AMICABLE Site or any other method made available by AMICABLE from time to time unless terminated by you or by AMICABLE in accordance with the Terms. Please read the terms carefully as they are a legally binding contract between you and AMICABLE. By using our services, you are agreeing to all the terms below.

AMICABLE SERVICES

1. You must be at least eighteen (18) years of age to use AMICABLE services.

2. The scope of our services have been agreed with you in our initial confirmation of instruction/order confirmation.

3. AMICABLE Website contains general information and guidance about how to divorce. We are not a law firm and no lawyer-client, attorney-client or solicitor-client relationship shall be created through the use of our Site.

4. In the case of AMICABLE services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate and complete.

5. All services which appear on the AMICABLE website are subject to availability.

6. We will make changes to the AMICABLE services where valid reasons exist to comply with any applicable law or safety requirement. We will endeavour to notify you of these changes at an early stage where such notification is deemed necessary. Any other changes to these terms will be brought to your attention at the earliest possible stage, but a minimum of five working days, together with a valid reason for the change. You have the right, if you are adversely affected by the change, to terminate this contract without penalty.

7. We will keep you informed about all important developments concerning the AMICABLE services that you have purchased, and we will respond to your letters, emails and telephone promptly but no later than five working days.

AMICABLE CUSTOMER RESPONSIBILITIES

8. You must co-operate with us in all matters relating to the AMICABLE services, provide us and our authorised employees and representatives with all information required to perform the AMICABLE services and obtain any necessary licences and consents (unless otherwise agreed). All information you provide to AMICABLE must be up-to-date, accurate and true and provided in a timely manner.

9. It is your responsibility to check all applications and legal documents for accuracy and errors before signing them or submitting to court. If you have any concerns, you must speak to AMICABLE before you submit any legal applications to court, or before you sign any legal documents.

10. You should also notify us of any changes or variations to the information that you have provided to AMICABLE which may arise after submitting it to us so we can fully consider the impact of any new circumstances.

11. You should ensure you follow the guidance of your Divorce Specialist and provide any information required to complete your case in a timely manner. If we are unable to contact you (one or both) or you stop responding to us (one or both), we will suspend your case and undertake no further work until contact resumes. In the event six months pass without contact from one or both of you, we will close your case and terminate our contract without notice or financial compensation for services purchased and only partially delivered. We will provide email confirmation of this to the email address we hold for you. For the avoidance of doubt as we are a couple's service, if one of you defaults on this clause the service will be suspended or cancelled for both of you as we will be unable to continue. If you wish to re-engage with our service after it has been cancelled, you will need to re-purchase the relevant service.

12. If any divorce proceedings become the subject of formally contested proceedings whether in court or otherwise, you are likely to have to disclose documents, including electronic documents regarding your divorce matter. You must therefore not destroy or permit the destruction of any relevant documents as this could seriously compromise the outcome of such proceedings for you.

13. It is your responsibility to use the service in accordance with our safeguarding information click here to download our Safeguarding for AMICABLE’s negotiation services. Failure to comply with the safeguarding rules is a default which entitles us to suspend your account with immediate effect, without notice or financial compensation for services purchased and only partially delivered.

14. Failure to comply with any of your customer responsibilities is a default which entitles us to suspend performance of the AMICABLE Services until you remedy it or if you fail to remedy it following our request, we can terminate the agreement with immediate effect on written notice to you.

INTELLECTUAL PROPERTY

15. AMICABLE and its licensors shall retain ownership of all AMICABLE IPRS. You and your licensors shall retain ownership of all intellectual property rights in the AMICABLE customer materials. Unless we agree otherwise, all copyright which exists in the documents and other materials that we create whilst carrying out work for you by way of the AMICABLE Services will remain the property of AMICABLE. You have the right to use such documents and materials for the purposes for which they are created, but not otherwise.

16. Unless otherwise required by law or court order, you agree not to make our work output by way of documents or materials available to third parties without our prior written permission. Our work is undertaken for your benefit alone and we are not responsible to third parties for any aspect of our AMICABLE services or work that you make available to them.

17. AMICABLE grants you or shall procure the direct grant to you of, a fully paid-up, worldwide, non-exclusive, royalty-free, licence to use and copy the AMICABLE IPRs for the sole purpose of receiving and using the AMICABLE services and the deliverables.

18. You grant AMICABLE a fully paid-up, worldwide, non-exclusive, royalty-free, transferable, and sub-licensable licence to copy and modify AMICABLE customer materials for the term of this agreement for the sole purpose of providing the AMICABLE Services to you in accordance with this agreement.

19. We may update AMICABLE Website from time to time, and may change the content at any time. However, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our website, or any content on it, will be free from errors or omissions.

20. The AMICABLE Website and its content are delivered on an 'as-is' and 'as-available' basis. AMICABLE cannot ensure that files you download from the website will be free of viruses or contamination or destructive features.

PROHIBITED USE OF THE AMICABLE WEBSITE

21. The following uses of the Site (and the material on the Site) are strictly prohibited:

Any sale, sub-licensing, rental, distribution, public exploitation and any republication (including republication on another website), posting, framing, reverse engineering or modification of or creation of derivative works from the Site (unless you own or control the relevant rights in the material). Notwithstanding this, you may redistribute our newsletter in electronic form to any person.
You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without AMICABLE'S express written consent.
You must not use the Site to transmit or send unsolicited commercial communications. You must not use the Site for any purposes related to marketing without our express written consent.

By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co- operate with those authorities.

PERSONAL INFORMATION & CONFIDENTIALITY

22. E-Negotiation Ltd is a Data controller for the purpose of the Data Protection Act 2018 and the UK General Data Protection Regulation as amended or supplemented (The 'Data Protection Laws'). To contact us or to make a request to view any data that we may hold you can email [email protected] or write to: E-Negotiation (Internal Compliance Department), Unit 5, Sheen Stables, 119 Sheen Lane, London, England SW14 8AE. If you are not happy with the way in which your personal data is being handled by AMICABLE you can complain to the Information Commissioner (www.ico.org.uk). Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow SK9 5AF Telephone: 0303 123 1113.

23. In respect of any personal data processed by AMICABLE pursuant to the AMICABLE Services, AMICABLE warrants and undertakes that it complies, and will continue to comply with, all applicable data protection legislation.

24. We keep all information you pass to us confidential and will not disclose it to any third party except as authorised by you, as required to process your divorce or separation (which may on occasions include the need to sub-contract) or as required by law. We have procedures designed to ensure that personal data is used only by appropriately authorised and trained personnel and to safeguard such information against accidental loss or unauthorised disclosure. We (to include any sub-contractor) will keep that information strictly confidential unless otherwise required by law or court order.

25. As an AMICABLE subscriber (on the co-parenting app), upon requesting divorce advice or on becoming an AMICABLE customer we collect data such as:

Personal data including name, email, address, gender, marital status, partner's name and address, children's names, DOBs;
Your own data that you may upload or submit to the AMICABLE App;
Any other information that you choose to send to us, including any request for further AMICABLE Services, general correspondence, reports of a problem with an App made by AMICABLE.
Legally required information for the purposes of helping you resolve your financial negotiations and process your divorce
De-personalised data which does not record personal data such as the date of your use of the AMICABLE App, the path taken, the browser used and the IP address etc.

26. Our purposes for collecting that we may collect about you, including personal information, to:

Provide the AMICABLE divorce and co-parenting services. We use your information to provide our App and services to you; to facilitate scheduling; to manage your account; to respond to your enquiries; and for other customer service and support purposes.
Subject to your communication preferences, we may send you emails about new divorce services, feedback requests or any other newsletter or offers and related information. If you change your mind, you can opt out of receiving these marketing communications at any time.
We may contact you to inform you about changes in our services, our service offering, changes to the Policy or about security or fraud notices. Subject to your preferences, we may develop, and display content and advertising tailored to your interests on our services and other sites.
Legal Compliance. We may use your information to comply with applicable legal or regulatory obligations, including informal requests from law enforcement or other.
Third party companies. In certain circumstances we may pass your information on to third party companies for the sole purpose of fulfilling the AMICABLE Services only, for example by writing legal documents.
Research and development. We may retain records of cases to enable us to build intelligence, to develop functionality of our app and other services and to provide better services. This data is retained in an anonymised or pseudonymised form.

27. When providing the AMICABLE services to you, it may be necessary to discuss your divorce matter with experts or lawyers. Your acceptance of these terms amounts to your consent to us to disclose information which we consider necessary to progress your divorce matter for you.

28. We will make sure that your personal information is not transferred to any country outside of the EEA unless that country has adequate levels of protection in place to protect your personal data. The EEA includes all EU Member countries as well as Iceland, Liechtenstein and Norway.

29. We will only store data for as long as is necessary, after which time it will be anonymised or deleted. Subject to any special considerations which we may apply to an individual case, our policy is that we will keep information regarding to:

marketing information, for no more than 6 months after consent has been withdrawn
a case, for no more than 7 years after a case has closed
research and development, indefinitely but only in an anonymised or pseudonymised form

30. Under data protection law, you have rights including:

Your right of access - You have the right to ask us for copies of your personal information.
Your right to rectification - You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
Your right to erasure - You have the right to ask us to erase your personal information in certain circumstances.
Your right to restriction of processing - You have the right to ask us to restrict the processing of your personal information in certain circumstances.
Your right to object to processing - You have the right to object to the processing of your personal information in certain circumstances.
Your right to data portability - You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.

If you wish to exercise any of the above rights please contact us by email to [email protected] or write to: E-Negotiation (Internal Compliance Department), Unit 5, Sheen Stables, 119 Sheen Lane, London, England SW14 8AE

31. Where you provide us with computer network addresses for sending material to, we will assume, unless you tell us otherwise, that your arrangements are sufficiently secure and confidential to protect your interests.

32. The internet is not secure and there are risks if you send sensitive information in this manner or you ask us to do so. Data we send by email is not routinely encrypted, so please tell us if you do not want us to use email as a form of communication with you or if you require data to be encrypted.

33. We will take reasonable steps to protect the integrity of our computer systems by screening for viruses on email sent or received. We expect you to do the same for your computer systems.

BASIS OF SALE

34. The description of the AMICABLE Services in our How AMICABLE works page here does not constitute a contractual offer to sell AMICABLE Services. When an order has been submitted on or via the AMICABLE site, we can reject it for any reason, although we will try to tell you the reason without delay.

35. The order process is set out on the AMICABLE site. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have used the ordering process correctly.

36. An agreement will be formed for the AMICABLE Services ordered only when you receive an email from us confirming the order ('order confirmation'). You must ensure that the order confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order, you agree to us giving you confirmation of the agreement by means of an email with all information in it. You will receive the order confirmation within a reasonable time after making the agreement, but in any event, before performance begins of any of the AMICABLE Services.

37. Excepting any changes required under AMICABLE Services above, no variation of the agreement, whether concerning the description of the AMICABLE Services, agreed fees or otherwise, can be made after it has been entered into unless the variation is agreed by both you and AMICABLE in writing.

38. Some of AMICABLE's services allow you to pay for the service across three or six months, you agree to pay the price at the rate notified to you at the time you take out your Payment Plan. We may modify the price of any Payment Plan, remove and/or offer certain other Payment Plan services from time to time. We will always tell you, at least one calendar month, in advance at least one of any increase in the price and honour the pricing model you originally signed up to.

39. We permit the use of AMICABLE Website limited to:

You may view Site pages, download Site pages for caching purposes only, and print Site pages (excluding images). You agree that you are only authorised to visit, view and to retain a copy of pages of this Site for your own personal, non-business use and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than this.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page without express permission in writing. We reserve the right to withdraw linking permission without notice.
The content and software on this Site is the property of E-Negotiation Ltd and/or its suppliers/licensors and is protected by UK and international copyright laws.

40. The Site may contain hyperlinks or produce search results that reference or link to third party websites throughout the World Wide Web. These are provided for your ease of reference only and AMICABLE does not endorse such websites or accept any responsibility for the content of such websites and cannot therefore guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another website, you agree and understand that you may not make any claim against AMICABLE for any Losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another website.

41. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

42. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

FEES AND PAYMENT

43. The agreed fees, as defined in section 72, for the AMICABLE Services are set out on each service payment page.

44. Fees includes expenses and the current rate of UK VAT at the time of the order in addition to disbursements (such as Court Fees). Our VAT number is GB 228 6529 84.

45. You must pay our fees and disbursements by submitting your credit or debit card details with your order and we can successfully take payment immediately before performance and delivery of the AMICABLE Services.

46. If you are paying for AMICABLE's service via the Payment Plan model option, we will automatically take the payments out of your account. You will be notified via email on what date these payments will occur when your first payment has been made. You will also receive an automated email reminder two days in advance of your future payments.

47. If you are paying for AMICABLE's Services via the Payment Plan model and fail to pay the monthly payments AMICABLE will pause the service for up to 6 months until payments are made. If payment isn't made within 6 months of the last payment, then your contract will be cancelled. If you wish to continue with our service, you will need to sign up to a new contract and pay the relevant fee. No refund will be due.

WITHDRAWAL AND CANCELLATION RIGHTS DURING THE CANCELLATION PERIOD

48. As this is a distance agreement, you have the right to cancel this agreement within 14 days of the start of this agreement. This right exists in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

49. Subject as stated in these terms, you can cancel this agreement within 14 days without giving any reason.

50. The cancellation period will expire 14 days from the day the agreement was entered into which is when you receive the order confirmation from us.

51. To exercise the right to cancel, you must inform us of your decision to cancel this agreement by a clear statement setting out your decision by e-mail to [email protected] If you cancel this contract within the relevant period, this will end both your and our obligations under the contract.

52. 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.

Commencing work during the 14-day cancellation period

53. We must not begin the supply of the AMICABLE Services before the end of the cancellation period UNLESS you have made an express request for the service to commence thereby waiving the remainder of the cancellation period and your cancellation rights during the cancellation period. In the event that you ask us to start but then we do cancel the AMICABLE Services before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the AMICABLE Services for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Agreement. This amount is in proportion to what has been supplied in comparison with the full coverage of the Agreement. This amount is to be calculated on the basis of the total Agreed Price. You will bear no cost for supply of that AMICABLE Service, in full or in part, in this cancellation period if that AMICABLE Service is not supplied in response to such a request. For the avoidance of doubt, if you cancel the AMICABLE Services post the cancellation period, we shall not be liable to you to make any refund of the pre-paid Agreed Fees, as defined in section in whole or in part notwithstanding that the AMICABLE Services do not progress to completion as originally intended that they would.

54. If you fill-in your AMICABLE dashboard and submit the details to AMICABLE, you are thereby asking us to proceed with your AMICABLE service and therefore waive any rights to a fourteen-day cooling-off period.

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

SUB-CONTRACTING

56. AMICABLE shall be entitled to sub-contract the performance of any of its duties without your prior written consent to a relevant sub-contractor in respect of the lawful processing of the AMICABLE Services where required. AMICABLE shall ensure that all sub-contractors are bound by and comply with confidentiality and intellectual property or other provisions herein that may be applicable to the AMICABLE Services performed or provided by such contractors, to the same extent as if they were a contracting party to this agreement. AMICABLE understands that it shall be responsible and liable for the acts and omissions of any sub-contractor as if such acts or omissions were those of AMICABLE. Each party shall in all cases retain sole responsibility for the performance of the tasks assigned to it under this agreement, regardless of the use of authorised sub-contractors. We have a duty to supply the AMICABLE Services in conformity with the AMICABLE Service information pages.

DURATION, TERMINATION AND SUSPENSION

57. The agreement continues for as long as it takes us to perform the AMICABLE Services.

58. Subject to your cancellation rights set out under withdrawal and cancellation rights during the cancellation period, you may end this agreement at any time by writing to us by post (at our registered address) or email [email protected]. However, we may be entitled to keep all of your documents while there is money owing to us (including fees which have not yet been billed).

59. We may cease providing you with the AMICABLE Services and therefore end this agreement but only on reasonable written (email) notice where:

We have good reason: Examples of a good reason include where you have not actively engaged with us for a period of six months, excluding the situation where you are waiting on information relating to your financial disclosure, for example, a CETV or property sale; where the relationship between you and your ex-partner has broken down and you are unable to negotiate; the behaviour of either one of you towards your partner or to your Specialist is inappropriate; or we reasonably believe that the relationship between you and us has broken down. We draw your attention to our negotiation safeguarding information here.
You have reached an impasse with your partner and our Divorce Specialist has been unable to resolve the issue despite their best efforts.
If your divorce matter does not conclude, or we are prevented from continuing to provide you with the AMICABLE Services because of our legal obligations.

If you cannot continue with our service for any of the above reasons, then the following applies:

If you are on a Payment Plan and all work to date has been paid, we will stop any future payments.
If you have paid for the service in full, we will review the work we have done for you and your partner and consider whether a refund is due.
Please note that if you and your partner have completed all of your coaching sessions, yet have failed to reach an agreement, you will not be eligible for any refund of services purchased.

CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY

60. In the event of any failure by a party because of something beyond its reasonable control:

the party will advise the other party as soon as reasonably practicable; and
the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect your above rights relating to performance and the right to cancel where applicable.

EXCLUDING LIABILITY

61. AMICABLE does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of AMICABLE's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the agreement was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a consumer – because we believe you are not buying AMICABLE Services wholly or mainly for your business, trade, craft or profession.

GOVERNING LAW, JURISDICTION AND COMPLAINTS

62. The agreement (including any non-contractual matters) is governed by the law of England and Wales.

63. AMICABLE tries to meet the highest standards when providing you with the AMICABLE Services. For this reason, we take any complaints we receive very seriously. We encourage you to bring it to our attention if you think that the performance and delivery of our AMICABLE Services are unsatisfactory to any extent. With the avoidance of disputes in mind, we will aim to respond with an appropriate solution within ten (10) business days For more information please e-mail [email protected] for a copy of our Complaints Procedure.

64. In the event that you are unhappy with the way in which AMICABLE deal with a complaint, you have the option to issue proceedings to the jurisdiction of the courts of England and Wales.

65. We accept no liability whatsoever for any loss or damage caused or arising directly or indirectly in connection with any use of, or reliance placed on, the contents of AMICABLE website by you either direct, indirect, incidental, and punitive and consequential damage. We further accept no responsibility for the content of any other site mentioned on this site, linked to or from it in any way. Nothing herein will: (i) limit or exclude any liability for death or personal injury resulting from negligence; (ii) limit or exclude any liability for fraud or fraudulent misrepresentation; (iii) limit any liabilities in any way that is not permitted under applicable law; or (iv) exclude any liabilities that may not be excluded under applicable law.

MISCELLANEOUS PROVISIONS

66. Entire agreement. This agreement as defined constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

67. Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:

waive that or any other right or remedy; or
prevent or restrict the further exercise of that or any other right or remedy

68. Severance. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.

NOTICES

69. Any notice or other communication given to a party under or in connection with this agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, or e-mail.

70. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to at the top of these terms; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by e-mail, one business day after transmission.

71. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

72. Third party rights. No one other than a party to this agreement shall have any right to enforce any of its terms.

DEFINITIONS & INTERPRETATION

73. In these terms (except where the context otherwise requires) the following words shall have the following meanings:

74. Additional Terms: refers to the additional terms, conditions or policies that may apply to any of the AMICABLE Services as between AMICABLE and you from time to time in respect of Additional Services which may be offered.

75. Agreed Fees: refers to non-variable fees which are payable in advance prior to the commencement of the AMICABLE Services.

76. Agreement: refers to the legally-binding agreement between You and us for the supply of AMICABLE Services which shall include the following parts (as applicable):

these AMICABLE Service Terms & Conditions;
the How AMICABLE works page;
the AMICABLE Cookie Policy;
the AMICABLE Safeguarding Information; and,
any Additional Terms as applicable as between AMICABLE and an AMICABLE Customer.

AMICABLE Customer Materials: means all materials, equipment and tools, drawings, specifications and data supplied by an AMICABLE Customer to AMICABLE.

AMICABLE IPRs: means all Intellectual Property Rights either subsisting in the Deliverables (excluding any AMICABLE Customer Materials incorporated in them) or otherwise necessary or desirable to enable an AMICABLE Customer to receive and use AMICABLE Services.

AMICABLE Services: means the services advertised on the 'How AMICABLE works' Pages and for the purposes of these Terms, of the number and description set out in the (customer)Order.

'How AMICABLE works' Page: refers to the description of the features of what the AMICABLE Services include/exclude as set out on the AMICABLE Site.

AMICABLE Site: means our website here on which the AMICABLE Services are advertised.

AMICABLE Payment Plan Customer: refers to a consumer who purchases one of the AMICABLE services that involves signing up to a monthly payment plan.

Business Day: means a day other than a Saturday, Sunday or public bank holiday in England when banks in London are open for business.

Consent Order: refers to a type of order agreed by the court in England and Wales. If you have an agreement about dividing your property or maintenance or if one of you is going to receive part of the other's pension, you can ask the court to approve your agreement, known as a consent order.

Consumer: means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.

Data Protection Legislation: means all applicable data protection laws, regulations, legislative and regulatory requirements and codes of practice.

Deliverables: means all documents, products and materials developed by AMICABLE or its agents, sub-contractors and personnel as part of or in relation to the delivery of AMICABLE Services in any form, including without limitation computer programs, data, reports and specifications (including drafts).

Device: refers to your handheld mobile device.

Disbursements: means the definition as laid down by HMRC's VAT Guide 700.

Fees: refers to profit costs, expenses and the inclusion of UK VAT (if applicable).

Intellectual Property Rights: means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Order: means the AMICABLE Customer's order for the AMICABLE Services from AMICABLE as submitted following the step by step process set out on AMICABLE Site.

Order Confirmation: refers to that set out at clause 6.

Personal Data: means information relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of the data controller as defined in the applicable Data Protection Legislation.

Payment Plan: refers to the payment method that allows customers to spread their payments for AMICABLE's Services across three or six months.

Terms: refers to the terms and conditions governing the AMICABLE Services herein.