Terms of use

General

The LawOnline website (‘the Website’) is provided by Lawonline Limited (LL), company number 536019, whose registered office is at Castletown, Portroe, Nenagh, Co. Tipperary.

Set out here are the terms and conditions (‘the Conditions’) that govern your use of the Website, and the services provided or offered to users of the Website (‘User Services’). Our policy relating to the capture and use of personal data as detailed on the Website forms a part of these Conditions. It is important that you read and understand these Conditions before you start to use the Website. You can print and keep a copy for your reference.

Reference to ‘our’, ‘us’ and ‘we’ on the Website is a reference to LL and a reference to ‘our Solicitors’ is to the law firm, William J. Brennan & Co. Solicitors. William Brennan and Hugh McGroddy practice under the title and style of William J. Brennan & Co. Solicitors, a partnership, and the business name is registered with the Companies Registration Office in Ireland.

Our Solicitors are authorised and regulated by the Incorporated Law Society of Ireland.

Where applicable, our Solicitors will provide a separate engagement letter setting out their terms of business.

By using the Website, you indicate that you accept the Conditions and that you agree to abide by them. If you do not agree to the Conditions, please refrain from using the Website.

The Conditions (and all communications) are in English and governed by, and will be construed in accordance with Irish law and the Irish courts shall have jurisdiction in any legal proceedings. We retain the right to bring proceedings against you for breach of the Conditions in your country of residence or any other relevant country.

Using the website

The content of the Website is provided for information only, and does not constitute advice or a recommendation to you that the products and services advertised on the Website are suitable for you in your personal circumstances.

Reasonable efforts will be made to keep the Website available for use; however access is not guaranteed to be available all the time. We will not be liable for any periodic unavailability of the Website.

Due to the nature of the internet and the possibility of third-party interference, the Website is not guaranteed to be free of all viruses and technical defects of any description. You acknowledge that you are responsible for making back-up copies of your data and taking appropriate precautions to protect your computer systems against technical defects, viruses or computer misuse. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

If there are links from the Website to other websites operated by third parties, we do not guarantee you will be able to access the other website via any link on the Website. We do not guarantee the content or accuracy of any third party's website, nor do we accept any responsibility for your use of that website.

You may not establish a link to the Website from any other website without our prior written consent.

We reserve the right to withdraw or amend the services we provide on the Website without notice. From time to time, we may restrict access to some parts, or all, of the Website.

We aim to update the Website regularly and may change the content at any time. We do not guarantee that any of the material on the Website will be up to date at any given time.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.

When using the Website, you must comply with the provisions of our acceptable use policy as follows:

You may use the Website only for lawful purposes. You may not use the Website:

  • in any way that breaches any applicable local, national or international law or regulation
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
  • for the purpose of harming or attempting to harm minors in any way
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of the Website or documents produced by us which are available on the Website
  • not to access without authority, interfere with, damage or disrupt: any part of the Website; any equipment or network on which the Website is stored; any software used in the provision of the Website or any equipment or network or software owned or used by any third party

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the Conditions, and may result in our taking all, or any, of the following actions:

  • suspension or termination of your access to the Member or User Services (as applicable)
  • issue of a warning to you
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
  • further legal action against you
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

The Law Guides

The information contained in the Law Guides is for guidance and information only and is not to be construed as advice.

Although every effort is made to ensure that the Law Guides are accurate and reflect the law at the time of use, it may or may not reflect current events or changes in the law. Before you act or rely on the Law Guides, you should take advice. We disclaim all liability for actions taken or not taken based on the Law Guides.

The Services

The Services are as follows:

  • The Website offers a Subscription Plan (the Member Services) and a Pay Per Use Service (the User Services).
  • The Member Services are available to Members and their authorised personnel.
  • The User Services are available to non-Members (and their authorised personnel, if applicable) that have registered with us, and to Members (and their authorised personnel) with respect to individual services not covered by their subscription.

Subscribing for membership

The LawOnline Subscription Plan service is an annual subscription-based membership and is for use by companies, firms and sole traders that are based in and operate in the Republic of Ireland.

The subscription fee (‘Fee’) is payable annually or in monthly instalments. If you select the monthly payment option when you subscribe, it will amount to a 12-month obligation to make such monthly payments. The current Fee is detailed on the subscriptions page of the Website. In subscribing to the LawOnline  Subscription Plan, you agree to pay the Fee at the rate applicable from time to time.

The Fee may be paid by credit card or debit card. In providing us with card details, you warrant to us that you are an authorised user of the relevant card.

Only when you have paid the Fee will you become a LawOnline Subscription Plan ‘Member’ and receive a username and password to access the Member Services, including the Members' section of the Website (‘Members' Area’).

Once you are a Member, you will be entitled to receive an email containing details of the Member Services, access the Members' Area of the Website, and be able to use the Member Services. The Member Services are for use only by you or by your authorised personnel in connection with your business. You shall not use or permit your authorised personnel to use the Member Services for any other purpose. You shall not permit any party other than your authorised personnel to have access to the Members' Area. You shall not sell, license or otherwise commercially exploit any of the Member Services. If you breach this term, we can, without notice, revoke your username or password and refuse access to all or any part of the Website.

The current Fee for renewals will be advised to you by email at least two weeks before your renewal date as detailed on the My Subscriptions page of the Website, and may be varied from time to time at our discretion. If you do not cancel your membership within four weeks of us sending you a renewal notice, and/or you use the Member Services after your renewal date, your subscription will automatically be renewed for a further 12 months upon the terms and conditions (as amended) that apply at the date of renewal, and you will be deemed to have accepted the obligation to pay the relevant renewal Fee for a further year of membership.

If you do not pay the Fee or any instalment of the Fee for whatever reason, we reserve the right to terminate your LawOnline Subscription Plan membership, and any unpaid balance of the Fee will become immediately due and payable.

We reserve the right not to accept an application for membership for any reason and without giving any explanation.

Registering for User Services

If you are an individual you must be aged 18 years or over to use the User Services.

In order to have access to the User Services and the My Documents area of the Website, you must register with us.

The User Services accessible from the My Documents area are for your personal use only (except in the case of individuals on behalf of a partner, spouse or civil partner in respect of 'paired' or Mutual/Mirror Wills, and in the case of any business services, any authorised person on behalf of the business or organisation). You shall not use or permit any authorised person to use the User Services for any other purpose. You shall not permit any other party to have access to the User Services or My Documents area or to use the User Services. If you breach this term we can, without notice, revoke your username and password and refuse access to the My Documents area.

Member and User services

Document Preparation Service

The online document preparation service (‘the Document Preparation Service’) is provided by us. It does not provide legal advice nor represent a legal service. It is designed to collect relevant information and data to assist you in the preparation of a legal document (‘the Document’).

The Document Preparation Service uses a document assembly and drafting system (‘the System’).

Only when you have purchased a Document or a valid subscription will you be able to draft a Document for printing or for legal review.

When using the Document Preparation Service you will be asked a series of questions; the answers you give will dictate the content of the Document produced by the System from the document process. You alone are responsible for ensuring the answers and any information that you give are correct (this includes information in relation to the identity of any parties or signatories, their age or capacity). We rely on you providing the correct information.

Where we assume responsibility for sending the Document to you once it has been completed, please note that in some cases, you may have selected a product that includes a document that is for use by another person. All such documents will, however, be sent to you once completed. For example, if you are married or in a civil partnership, you may have selected a pair of Wills, one for you and one for your spouse/civil partner. In such a case, both Wills will be sent to you. Whenever you have selected a product that includes a document that is for use by a third party, you must confirm that you are authorised by the third party to receive their document on their behalf.

You must carefully check that the Document produced fully reflects your wishes. If it does not, you should not execute it.

All documents should be used in conjunction with proper advice as to their suitability for your particular requirements and circumstances. We cannot be responsible if you use a Document, or alter or amend it, without seeking proper advice.

We disclaim all liability for actions taken or not taken based on a Document.

It is your responsibility to ensure that any Document is properly executed.

The document processes available on the Website from which Documents can be created by you using the System have been prepared to produce Documents that comply with the law of the Republic of Ireland only, as is clearly indicated on every document process.

If any person or entity that is to sign a Document is outside this jurisdiction, it is your responsibility to ensure that any Document is properly executed in accordance with the requirements of that jurisdiction where those requirements prevail.

Documents are prepared in accordance with the laws of the Republic of Ireland. You should not use them in any other jurisdiction.

We recommend that before reusing a Document you check the Website to ensure that you have the latest version of the document process from which it was created. If we have replaced that process with a revised version, we recommend that you recreate the Document from the latest version of the document process.

Documents completed online will be stored online for a maximum period of six years. After this period you may not be able to obtain online access to your Documents, and they may be deleted. We reserve the right to levy a reasonable recovery charge in respect of any documents that are capable of being recovered. If you have not logged in to the Website for a period of 12 months or more, then we reserve the right to store your documents offline and levy a reasonable recovery charge for you to access them again.

We will not have any responsibility or liability for:

  • verifying your authority or capacity to create a Document, or your answers or any information given by you when, using the Document Preparation Service
  • proofreading data you have input for typographical errors
  • verifying the suitability of any Document for your particular requirements and circumstances
  • any alterations made by you or on your behalf to a Document after it has been released to you
  • the Limited Engagement or the Assisted Document Preparation Service provided by our Solicitors
  • supervising or checking the due and proper execution of any Document
  • any use of a Document or execution of a Document by a person or entity outside of the chosen jurisdiction
  • any adverse consequences if you use any Document without taking appropriate legal advice as to its suitability for your particular circumstances
  • undertaking any future review of any Document or for providing any ongoing advice, legal or otherwise, as to the continued effectiveness for legal, taxation or any other purpose of any Document

Where the Document is a Will, a trust or a power of attorney

There is no obligation or duty to supervise the execution of any Will or to take responsibility for the Will being correctly executed. You will be provided with instructions on how to sign the Will.

With respect to a Will, we have no responsibility and will accept no liability for verifying:

  • the identity of the testator
  • that the testator is over 18 years of age
  • the testamentary and/or mental capacity of the testator
  • whether the testator or any other person was subject to any undue influence when using the Document Preparation Service
  • whether the testator knew, understood and approved the contents of their Will
  • whether there were or might be any actual or potential third-party beneficiary(ies) who might have a claim in law against the estate

With respect to a power of attorney, we have no responsibility and will accept no liability for verifying the capacity of the donor or whether the donor was subject to any undue influence when using the Document Preparation Service.

We do not assume any responsibility nor will we accept liability for failing to provide later advice on the terms of any Will or trust prepared using the Document Preparation Service should future taxation changes or any other changes in the law render their terms inappropriate. The responsibility for future reviews of the terms of your Will or trust rests with you.

Document packs

A document pack consists of access to a range of Documents that may be created using the Document Preparation Service. The details of what is included in the pack will be outlined on the Website.

Assisted Document Preparation Service

The purpose of the Assisted Document Preparation Service is to collect by telephone, using the Document Preparation Service, the relevant information required to create a Document.

This service is provided by our Solicitors.

One of their telephone operatives will either collect the information from you, if appropriate, when you telephone, or book an appointment for that purpose. In the latter case, one of their telephone operatives will call you at the appointed time. If you do not have available all the information required to complete the Document, the operative will arrange for you to call back with, or send by email, the missing information.

If you are not available at the appointed time, the operative will leave telephone messages and/or send email messages to advise you to arrange another appointment.

Our Solicitors' telephone operatives will not enter into correspondence with you other than as indicated herein and in their own engagement letter.

The Document will be sent by a telephone operative for review under a Limited Engagement when complete.

Our Solicitors' telephone operatives will provide general information relevant to the creation of the Document, but it is not part of the Assisted Document Preparation Service for their operatives to suggest any particular choice or course of action, or to give any other advice (legal or otherwise).

Legal Document Review Service

The Legal Document Review Service is provided by our Solicitors.

It is provided only as part of a Limited Engagement.

Where you have purchased a service that incorporates Legal Document Review, you must, once you have drafted a Document using the Document Preparation Service, send it electronically using the Website for review by our Solicitors as directed on the Website. If you have drafted a Document using the Assisted Document Preparation Service, the telephone operative will send it for review by one of our Solicitors' document reviewers when all required information has been collected. Our Solicitors may contact you by telephone or email to clarify your requirements.

When they advise you on the preparation of any Document they will exercise reasonable skill and care in the provision of this service to you in accordance with their engagement letter. They will perform their work as quickly as is reasonably possible, but shall not be liable in respect of any failure to meet any specified deadline or completion date.

A Limited Engagement is so called because there are limitations on the work that our Solicitors will do, as follows:

What our Solicitors will do

The scope of their work is:

  • to indicate to you whether or not they are satisfied, based on the answers that you gave the System or one of their telephone operatives, that the Document is effective, so far as has been disclosed, to meet your requirements and suitable for your circumstances
  • if necessary, to amend the Document to ensure that it is suitable for your disclosed requirements and circumstances

To that intent, our Solicitors shall:

  • review the answers you gave the System or one of their telephone operatives
  • review the Document
  • engage in reasonable correspondence and/or communications with you. Subject to the fair use policy (see below), they will endeavour to respond to your correspondence and communications as fast as they can, but do not guarantee any particular response time
What our Solicitors will not do

Our Solicitors will not have responsibility for, and exclude liability for:

  • undertaking any investigation of your particular circumstances beyond those that you disclosed in the answers that you gave the System or one of their telephone operatives, or that you conveyed to them via subsequent communications
  • the provision of legal advice about the suitability of the Document to your particular circumstances save to the extent that they are disclosed by the answers that you gave the System or one of their telephone operatives and/or in any subsequent communications with them
  • verifying your answers or any information given by you when using the Document Preparation Service or the Assisted Document Preparation Service
  • proofreading data you have input for typographical errors (save to the extent that such data was input by one of their telephone operatives as part of the Assisted Document Preparation Service)
  • any alterations made by you or on your behalf to a Document after it has been approved by them, unless such alteration is approved by our Solicitors
  • supervising or checking the due and proper execution of any Document
  • any use of or execution of a Document by a person or entity outside of the jurisdiction in which they operate
  • any adverse consequences if you use any Document without taking appropriate legal advice as to its suitability for your particular circumstances
  • undertaking any future review of any Document or for providing any ongoing advice, legal or otherwise, as to the continued effectiveness for legal, taxation or any other purpose of any Document
Work outside the scope of the Limited Engagement

If our Solicitors, at any time, consider that it will be impractical or inappropriate to continue their work on the basis of the Limited Engagement, or that any work you want them to do falls outside the scope of the Limited Engagement, they will tell you straightaway and discuss with you your options.

If you do not use the Legal Document Review Service within 12 months of purchase you will not be able to obtain access to it thereafter. In such circumstances we shall not have any obligation to rebate you any part of the sum you have paid us.

Fair use policy

Fair use restrictions applicable to each Limited Engagement

Our Solicitors will aim to complete a Limited Engagement quickly and efficiently. They expect that in most cases the work that they undertake as part of a Limited Engagement will take no more than two hours in total and will likely be conducted within one hour. They reserve the right to manage a Limited Engagement to ensure that, so far as possible, that expectation is fulfilled.

What this means in practice is as follows:

  • Our Solicitors will expect that correspondence and communications between you and them will take place by email or by telephone. They are not able to offer face-to-face interviews.
  • They may limit the extent to which they engage in communications with you or to which they respond to correspondence from you if they reasonably consider that to do so would be incompatible with the efficient conduct of a Limited Engagement.
  • You may provide them with additional information about your requirements and circumstances beyond that revealed by the answers that you gave the System or one of their telephone operatives, but they reserve the right to terminate a Limited Engagement at any time if, by reason of the volume and/or complexity of that additional information, they reasonably consider that it is impractical or inappropriate to continue to work on the Document on the basis of that Limited Engagement.
  • They may decline to deal with, as part of a Limited Engagement, any requests, issues or questions made or raised by you if they are not essential to their work on the Document.

Solicitor/client relationship

No solicitor/client relationship is established by use of the Website. Sending or receiving information through the Website does not establish a solicitor/client relationship. Our Solicitors will, where applicable, establish a solicitor/client relationship with you only by your express or implied acceptance of their engagement letter and their confirmation of their agreement to act for you after conflict checking and other verification processes have been completed.

Right to cancel

You have the right to cancel any service that you purchased on the Website within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day that you purchased the service.

To exercise the right to cancel, you must inform us of your decision to cancel the service by a clear statement (e.g. a letter sent by email or post).

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.

If you cancel a service, we will reimburse to you all payments received from you for that service. Any ancillary service, e.g. the review by a law firm of a document that you have created on the Website will also be cancelled.

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

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

If you asked us to begin to provide the service during the cancellation period, you shall pay us an amount for what has been performed up to the date that you exercised your right to cancel that is in proportion to the full amount payable for the service.

You can cancel a subscription/request a refund:

  • by e-mail: queries@lawonline.ie
  • by post to: LawOnline Customer Relations, Castletown, Portroe, Nenagh, Co. Tipperary

Limitations

The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:

  • any breach of the Conditions
  • any representation, statement or tortious act or omission (including without limitation negligence) arising under or in connection with the Conditions, the Website or the Member or User Services

Except as expressly and specifically provided in the Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Conditions.

Nothing in the Conditions shall exclude or limit:

  • liability arising from death or injury to persons caused by negligence;
  • liability arising as a result of fraud or gross negligence to which no limit applies

We shall not be liable for:

  • any loss resulting from the provision of any of the Member or User Services by other Service Providers
  • any loss for which liability is disclaimed elsewhere in the Conditions; or
  • loss of profits; or
  • loss of business; or
  • depletion of goodwill or similar losses; or
  • loss of anticipated savings; or
  • loss of goods; or
  • loss of use; or
  • loss or corruption of data or information; or
  • any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

If we are held liable to you for any loss or damage, such liability shall in all cases be limited to the payment of an amount not exceeding €50,000, including costs and expenses in respect of any one claim. By accepting these terms and by using the Website you confirm that you are in agreement with this level of limitation. For the avoidance of doubt, a claim shall be defined as a claim or a series of claims (whether by one or more claimant) arising from, or in connection with, or attributable to, any one act, error, omission or originating cause or source or the dishonesty of any person or group of persons acting together, and any such series of claims shall be deemed to be one claim for all purposes under this clause.

You acknowledge that these exclusions and/or limitations are reasonable having regard to the fact that the Website, the Law Guides and the Document Preparation Service are freely accessible and available at no or low cost.

Intellectual property

Use of the Website and the Member and User Services is subject to the notices of ownership of intellectual property rights detailed from time to time on the Website.

All rights in the design, text, graphics and other content and materials on the Website are the copyright of LL.

"LAWONLINE" and its respective logos are either Republic of Ireland registered trademarks or other trademarks of LL.

Complaints

We are committed to providing quality services and products. However, in the event that you have a complaint in relation to services or products available from the Website please follow the Complaints procedure.

If you wish to complain about the service that you have received from our Solicitors, please send an email to queries@williamjbrennan.com.

Other conditions

We shall not be liable for any failure to provide or delay in providing any service resulting from circumstances or events outside of our control, for example due to strikes and other industrial disputes, breakdown of systems or network access, fire or explosions, or power failure.

If any part of the Conditions (or of any notice on the Website) is found to be invalid or unenforceable, then such part will be deemed replaced by a valid and enforceable provision that most closely matches the intent of the original part and the remainder of the provisions shall continue in full force and effect.

We reserve the right to change the Conditions under which the Website or any Member or User Service is offered. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

No forbearance or delay by us in enforcing any of the Conditions will prejudice the rights, powers or remedies available to us and such rights, powers or remedies will be cumulative.

We shall be able to assign the benefit of all or part of the Conditions.

Headings in these Conditions are for convenience only and shall not affect their interpretation.

Your acceptance of the Conditions signifies your consent and agreement to them.