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 ‘Amicable Customer’ ‘the user’, ‘you’ or ‘your’.
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 calls promptly and efficiently.
It is your responsibility to use the service in accordance with our safeguarding information. Failure to comply with the safeguarding rules is an amicable customer default which entitles us to suspend your account with immediate effect, without notice or financial compensation for services purchased and only partially delivered.
Amicable customer grants 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 the Amicable customer in accordance with this agreement.
We promise to respect the data we hold on you (including personal data as defined). Your acceptance of these terms authorises us to keep your details on our database so that we can provide you with the Amicable Services and for administration and accounting purposes, so that we can make credit searches and send you relevant information on our amicable services and on events that may interest you. All information that we hold concerning you as an individual will be held and processed by us strictly in accordance with the provisions of the data protection act 1998. We will not, without your consent, supply your name and address to any third party except where:
Some of Amicable’s services allow you to pay for the service across three months, you agree to pay the price at the rate notified to you at the time you take out your Subscription. We may modify the price of any Subscription, remove and/or offer certain other subscription services from time to time. We will always tell you in advance of any increase in the price and honour the pricing model you originally signed up to.
If payment isn’t made within six months of the last payment then the contract will be cancelled and you will have to sign up to a new contract.
If you are paying for Amicable’s Services via the subscription model and fail to pay the monthly payments. Amicable will pause the service until payments are made.
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 in particular, in respect of the managed divorce service 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.
We may cease providing you with the Amicable Services and therefore end this agreement but only on reasonable written notice where:
In the event of any failure by a party because of something beyond its reasonable control:
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.
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.
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.
Third party rights. No one other than a party to this agreement shall have any right to enforce any of its terms.
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):
Amicable App: refers to Amicable mobile software application currently provided by Amicable in object form for download and installation by an Amicable Customer who subscribes to the Amicable App from the relevant App Store as advertised at www.amicable.io on to a Device (as may be updated and modified) including all databases, software, infrastructure and products that Amicable markets for use by individual Amicable Subscribers in respect of Amicable App including all Amicable Services. Amicable App includes all future versions and replacements of, and successors to, Amicable App.
Amicable Customer: refers to a Consumer who purchases one or more of the Amicable Services.
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 www.amicable.io on which the Amicable Services are advertised.
Amicable Subscription Customer: refers to a consumer who purchases one of the amicable services that involves signing up to a monthly subscription.
Amicable Subscriber: refers to the person who has registered on the Amicable App.
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. 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.
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.
Subscription: refers to the payment method that allows customers to spread their payments for Amicable’s Services across three months.
Terms: refers to the terms and conditions governing the Amicable Services herein.