Our Terms – Divorce Actually

Our Terms and Conditions

This page contains the following legal documents relating to this website:

(i) a website disclaimer governing the use of this website; and
(ii) a download agreement governing the purchase and use of the documents.

Website disclaimer

Welcome to Divorce Actually’s online document exchange (the “Site”). These Terms and Conditions (including any documents referred to in it) (“Agreement”) list the terms of the agreement between you (“You”) and Clean Storm Limited (“Divorce Actually” or “We” or “Us”) for the buying and selling of documents (“Documents”), and all other services that We provide (the “Services”). Divorce Actually does not own the documents listed on the website or included in the database or sold through the website, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. By using our Site, You agree to accept this Agreement.

Divorce Actually provides a service that allows users who want to buy documents (“Buyers”) to find users who want to sell documents (“Sellers”). Divorce Actually does not take title to the underlying document (to the extent such title exists), and the actual transactions are between the Buyers and Sellers.

The Seller is responsible for determining whether it/he/she is required to account for VAT (UK or other), GST, sales tax or other similar fees (collectively, “Tax”) on the sale of the document. We take no responsibility for such issues. If the Seller is required to account for Tax on the sale of the document, the Seller will include the Tax in the price of the documents on the website. Note that this is separate from any Tax Divorce Actually is required to charge on its fees.

You agree that We are not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Divorce Actually and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable solicitors’ fees) incurred by Divorce Actually that arise out of any third party or governmental claim that involves, relates to or concerns (i) any local, regional, country, or international tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of Divorce Actually.

This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, you must not use our website. We may revise this disclaimer from time-to-time. The revised disclaimer will apply to the use of our website from the date of the publication of the revised disclaimer on our website. Please check this page regularly to ensure you are familiar with the current version. Your continued use of the Site and the Services following Divorce Actually posting of a revised Agreement will constitute Your acceptance of the revised Agreement. If You do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services or this Site.

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.

You must not (save in accordance with the express terms of our download agreement): (a) republish material from this website; (b) sell, rent or otherwise sub-license material from the website; (c) show any material from the website in public; (d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; (e) edit or otherwise modify any material on the website; (f) redistribute material from this website; or (g) attempt to identify or reidentify any of the Sellers on this website.

Nothing on this website should be construed or treated as legal advice. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Nothing in the disclaimer will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in the download agreement: (a) are subject to the preceding sentence; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of the disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. We will not be liable to you in respect of any losses arising out of a force majeure event. We will not be liable to you in respect of any business losses. We will not be liable to you in respect of any loss of or damage to profits, income, revenue, or anticipated savings. We will not be liable to you in respect of any loss of use or production. We will not be liable to you in respect of any loss of management time or office time. We will not be liable to you in respect of any loss of business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage. You accept that we are a limited liability entity and we have a legitimate interest in limiting the personal liability of our partners, members and employees. Having regard to that interest, you agree that you will not bring any claim personally against any individual partners, members or employees in respect of any losses you that you may suffer in connection with the downloads or the download agreement. This will not of course exclude the liability of Clean Storm Ltd for the acts and omissions of its partners, members and employees.

If You have a dispute with one or more users, You release Divorce Actually and all affiliated companies, officers, directors, employees, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

This disclaimer (together with our privacy policy which can also be found on this Site) and download agreement constitutes the entire agreement between you and us in relation to your use of our website and supersedes all previous agreements in respect of your use of this website. You and We are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that We shall not be liable to You or any third party for any modification, suspension or discontinuance of the Site or any Services under this agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. In addition, the Site could be unavailable during certain periods of time while it is being updated and modified. During this time, the Site will be temporarily unavailable.

This disclaimer will be governed by and construed in accordance with English law, and any disputes relating to this disclaimer will be subject to the exclusive jurisdiction of the courts of England and Wales (providing that we may bring proceedings to enforce our contractual or intellectual property rights in any jurisdiction in which you are resident, established or operating).

Except as expressly stated otherwise, all notices to Divorce Actually shall be sent through the email form provided on the Site under the Contact Us link. Except as expressly stated otherwise, all notices to You shall be sent to the email address You provided to us during the registration process. Such notice shall be deemed given one business day after the email is sent.

Our address for correspondence is our registered office at Clean Storm Ltd, 18 Church Lane, Ravenstone, Coalville, Leicestershire LE67 2AE.

Download agreement

(1) Introduction

Please read the download agreement carefully. You will be asked to expressly agree to the download agreement before you place an order for downloads on our website.

Clean Storm Ltd terms and conditions

Introduction

1.1 These terms and conditions shall govern the sale and supply of downloadable documents through our website, and the use of those documents.

1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

Interpretation

2.1 In these terms and conditions:

(a) “we” means Clean Storm Ltd t/a Divorce Actually (and “us and “our” should be construed accordingly);

(b) “you” means a buyer, prospective buyer or seller under these terms and conditions (and “your” should be construed accordingly);

(d) “your documents” means any such documents that you have purchased through our website.

Order process

3.1 The advertising of documents on our website constitutes an “invitation to treat” rather than a contractual offer.

3.2 No contract will come into force between you and the seller unless and until we accept your order in accordance with the procedure set out in this Section 3.3.

3.3 To enter into a contract through our website to purchase downloadable documents from the seller, the following steps must be taken: you must add the documents you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and we will either send you an order confirmation (at which point your order will become a binding contract with the seller) or we will confirm by email that we are unable to meet your order.

3.4 You will have the opportunity to identify and correct input errors prior to making your order by reviewing your basket. Whilst reviewing your basket you can remove documents from it by selecting the “x” to the left of the document number. Ensure that the Price and the Total for each document are the same and that you haven’t ordered multiple copies of the same document.

Prices

4.1 Prices are quoted on our website.

4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

4.3 All amounts stated in these terms and conditions or on our website are stated inclusive of any VAT that the Seller may be required to charge you. Thus, the price shown includes all Tax and Admin Fees as appropriate.

4.4 Buyers and Sellers will be able to see our Admin fees and taxes on any transactions in their “Dashboard.”

4.5 Prices, Admin Fees and VAT.
Documents priced at £110 include £71.50 Seller commission, £32.08 Admin, £6.42 VAT
Documents priced at £150 include £97.50 Seller commission, £43.75 Admin, £8.75 VAT
Documents priced at £200 include £132.00 Seller commission, £56.67 Admin, £11.33 VAT
Documents priced at £250 include £167.50 Seller commission, £68.75 Admin, £13.75 VAT
Documents priced at £300 include £204.00 Seller commission, £80.00 Admin, £16.00 VAT
Documents priced at £350 include £241.50 Seller commission, £90.42 Admin, £18.08 VAT
Documents priced at £400 include £280.00 Seller commission, £100.00 Admin, £20.00 VAT
Documents priced at £450 include £319.50 Seller commission, £108.75 Admin, £21.75 VAT
Documents priced at £500 include £360.00 Seller commission, £116.67 Admin, £23.33 VAT
Documents priced at £550 include £401.50 Seller commission, £123.75 Admin, £24.75 VAT
Documents priced at £600 include £444.00 Seller commission, £130.00 Admin, £26.00 VAT

Payments and PayPal Fees

5.1 You must, during the checkout process, pay the prices of the documents you order.

5.2 Payments may be made through PayPal.

5.3 At no time do We provide the Buyer’s payment information to the Seller. The money is paid to us, and the Seller is compensated for the sale by us.

5.4 The Seller also agrees not to separately contact the Buyer at any time for any reason.

5.5 A payment to Clean Storm Limited will appear on the Buyer’s PayPal account..

5.6 A payment to the Seller will appear on the Seller’s PayPal account as Clean Storm Limited.

5.7 Seller PayPal Fees*
The commercial payment fee for receiving domestic payments usually amounts to 3.4% + 20p per transaction up to £1500 per month. Correct at the time of publishing.

Licensing of documents

6.1 We will supply your documents to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website. You will receive a .zip file containing .pdf documents for each document set you purchase.

6.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a non-expiring, non-exclusive, non-transferable licence to make any use of your documents permitted by Section 6.3, providing that you must not in any circumstances make any use of your documents that is prohibited by Section 6.4.

6.3 The “permitted uses” of your documents are:

(a) downloading a copy of each of your documents;

(b) making, storing and viewing a copy of your documents on your desktop, laptop or notebook computers;

(c) making, storing and viewing a copy of your documents on your smartphone, tablet computer or similar mobile device; and

(d) printing a single copy of each of your documents solely for your own use.

6.4 The “prohibited uses” of your downloaded documents are:

(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any document (or part thereof) in any format;

(b) the editing, modification, adaptation or alteration of any document (or part thereof), and the creation of any derivative work incorporating any download (or part thereof);

(c) the use of any document (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;

(d) the use of any document (or part thereof) to compete with us, whether directly or indirectly;

(e) any commercial use of any document (or part thereof); and

(f) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any document for the purpose of preventing unauthorised use.

(g) any attempt to use the documents to identify or reidentify the Seller.

6.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive the benefit of your documents.

6.6 All intellectual property rights and other rights in the documents not expressly granted by these terms and conditions are hereby reserved.

6.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any document.

6.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.

6.9 If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.

6.10 You may terminate the licence set out in this Section 6 by deleting all copies of the relevant documents in your possession or control.

6.11 Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant documents in your possession or control, and permanently destroy any other copies of the relevant documents in your possession or control.

Distance contracts: cancellation right

7.1 This Section 7 applies if and only if you offer to contract with the seller, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

7.2 You may withdraw an offer to enter into a contract with the seller through our website, or cancel a contract entered into with the seller through our website, at any time within the period:

(a) beginning upon the submission of your offer; and

(b) ending at the end of 14 days after the day on which the contract is entered into,

subject to Section 7.3. You do not have to give any reason for your withdrawal or cancellation.

7.3 You agree that we may begin the provision of documents before the expiry of the period referred to in Section 7.2, and you acknowledge that, if we do begin the provision of documents before the end of that period, you will lose the right to cancel referred to in Section 7.2.

7.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 7, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

7.5 If you cancel an order on the basis described in this Section 7, you will receive a full refund of the amount you paid to us in respect of the order.

7.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

7.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 7 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

Warranties and representations

8.1 You warrant and represent to us that:

(a) you are legally capable of entering into binding contracts;

(b) you have full authority, power and capacity to agree to these terms and conditions; and

(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.

8.2 We warrant to you that your documents will be supplied to you with reasonable care and skill.

8.2 We warrant to you that:

(a) your documents will be of satisfactory quality;

(b) your documents will be reasonably fit for any purpose that you make known to us before a contract under these terms and conditions is made;

(d) we have the right to supply your documents to you.

8.3 All of our warranties and representations relating to documents are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.

Limitations and exclusions of liability

9.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:

(a) are subject to Section 9.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

9.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

9.4 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.

9.5 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with the seller under these terms and conditions as a consumer, this Section 9.5 shall not apply.

9.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with the seller under these terms and conditions as a consumer, this Section 9.6 shall not apply.

9.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

9.8 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid and payable to us for our services under the contract.

Variation

10.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

10.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

Assignment

11.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

11.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

No waivers

12.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

12.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

Severability

13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

14.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

14.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

Entire agreement

15.1 Subject to Section 9.1, these terms and conditions, together with our download agreement, shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.

Law and jurisdiction

16.1 These terms and conditions shall be governed by and construed in accordance with English law.

16.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.