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’.
- AMICABLE SERVICES
- You must be at least eighteen (18) years of age to use amicable services.
- The description of amicable services is as set out in the ‘How amicable works‘ pages on the amicable site, and any catalogues, brochures or other forms of advertisement.
- 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.
- All services which appear on the amicable site are subject to availability.
- We can make changes to the amicable services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes where such notification is necessary.
- 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.
- AMICABLE CUSTOMER RESPONSIBILITIES
- 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.
- If any divorce proceedings become the subject of formally contested proceedings whether in the courts or otherwise, you are likely to have to disclose documents, including electronic documents regarding your divorce matter. You are therefore advised not to destroy or permit the destruction of any relevant documents as this could seriously compromise the outcome of such proceedings for you.
- Failure to comply with 1 above is an Amicable customer 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.
- 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.
- INTELLECTUAL PROPERTY
- Amicable and its licensors shall retain ownership of all amicable iprs. Amicable customer and its 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.
- 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.
- Amicable grants amicable customer, or shall procure the direct grant to amicable customer 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.
- 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.
- PERSONAL INFORMATION & CONFIDENTIALITY
- 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 or as required by law. We may in some cases consult credit reference agencies in order to assess your creditworthiness. We require your consent before we do this. Your continuing instructions to us will constitute your consent to us carrying out such a search. Details of the credit agency we use are available on request. 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 will keep that information strictly confidential unless otherwise required by law or court order.
- When providing the amicable services to you, it may be necessary to discuss your divorce matter with experts or counsel. 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.
- 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.
- 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.
- 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.
- 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:
- it is necessary as part of the Amicable Services that we undertake; or,
- we are required to do so by law.
- BASIS OF SALE
- The description of the Amicable Services in our How amicable works page 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.
- 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.
- 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.
- 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 the Amicable customer and Amicable in writing.
- 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.
- FEES AND PAYMENT
- The agreed fees for the Amicable Services are set out in the How amicable works page
- Fees and charges include vat at the rate applicable at the time of the order. Our vat number is 228652984.
- You must pay by submitting your credit or debit card details with your order and we can take payment immediately before performance and delivery of the Amicable Services.
- If you are paying for Amicable’s service the subscription 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 been is made.
- 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.
- WITHDRAWAL AND CANCELLATION RIGHTS DURING THE CANCELLATION PERIOD
- 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.
- Subject as stated in these terms, you can cancel this agreement within 14 days without giving any reason.
- 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.
- 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 (e.g. a letter sent by post, fax or email).
- 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.
- 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 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 in whole or in part notwithstanding that the Amicable Services do not progress to completion as originally intended that they would.
- 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.
- DURATION, TERMINATION AND SUSPENSION
- The agreement continues for as long as it takes us to perform the Amicable Services.
- 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 or email. 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).
- We may cease providing you with the Amicable Services and therefore end this agreement but only on reasonable written notice where:
o We have good reason: Examples of a good reason include where you have not given us sufficient instructions, where you have not provided appropriate evidence of identification or we reasonably believe that the relationship between you and us has broken down.
o You have reached an impasse with your partner and our divorce coach has been unable to resolve the issue despite their best efforts. In this case, your divorce coach will offer you the opportunity to use our arbitration service. If you do not wish to take up this additional service and you are unable to resolve your issue yourselves, Amicable has the right to end this agreement.
- 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, you will be liable to us for the agreed fees for any work we have actually done which is unpaid.
- CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
- In the event of any failure by a party because of something beyond its reasonable control:
o the party will advise the other party as soon as reasonably practicable; and
o 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 an Amicable Customer’s above rights relating to performance and the right to cancel where applicable.
- EXCLUDING LIABILITY
- 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
- The agreement (including any non-contractual matters) is governed by the law of England and Wales.
- 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 five (5) business days.
- 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.
- MISCELLANEOUS PROVISIONS
- 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.
- 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:
o waive that or any other right or remedy; or
o prevent or restrict the further exercise of that or any other right or remedy.
- 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.
- 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.
- 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.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- Third party rights. No one other than a party to this agreement shall have any right to enforce any of its terms.
- DEFINITIONS & INTERPRETATION
- In these terms (except where the context otherwise requires) the following words shall have the following meanings:
- Additional Terms: refers to the additional terms, conditions or policies that may apply to any of the Amicable Services as between Amicable and an Amicable Customer from time to time in respect of Additional Services which may be offered.
- Agreed Fees: refers to non-variable fees which are payable in advance prior to the commencement of the Amicable Services.
- 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):
o these Amicable Service Terms & Conditions;
o the How amicable works page;
o the Amicable App Terms & Conditions;
o the Amicable Safeguarding Information; and,
o any Additional Terms as applicable as between Amicable and an Amicable Customer.
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.amciable.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.