Note – these terms and conditions do not affect your statutory rights
1. General
The Legal Kits website and service is provided by Tessa Shepperson, a specialist landlord & tenant lawyer. Our address is 148 Unthank Road, Norwich Norfolk NR2 2RS.
This website now only sells and delivers legal kits, although there are links to other services such as ebooks and one to one advice services from Tessa Shepperson.
All kits sold on this site are electronic and are delivered by giving you access to view a password protected area on this or another associated website. We do not sell any physical products.
Note that any ebooks or other products which may be promoted on this site but actually sold via another website site will be subject to the terms and conditions set out on that website.
All prices are inclusive of VAT. Our VAT registration number is 640 4691 45.
2. Ebooks
Note – although e-books are no longer sold on this website, the terms below apply generally to Tessa’s ebooks sold elsewhere.
Ebooks are digital products which will normally be delivered by providing you with a link where you can download the product to your computer. The download link will only be available for a limited period of time so you should ensure that the product is downloaded to your computer promptly.
If for any reason you have a problem downloading any of our electronic products please contact our customer support for advice.
Unless otherwise stated on the sale page, no refund will be given once the product has been downloaded to your computer, save at our discretion.
All ebooks provide general guidance only and cannot substitute for one to one advice from a qualified solicitor or other legal professional.
3. Online Guides and DIY Kits
Access to our paid for online legal kits (referred to collectively as ‘kits’) are subject to a payment as described on the relevant sales pages.
Most kits will be sold for a specific period of time which will be set out on the sales page. If no period of time is given, then you will have access for a minimum period of one year. If you want to access the kit after that time you can purchase additional time, usually at a lower cost.
Unlimited or lifetime access. Sometimes a kit may be sold without any time limits, usually described as ‘lifetime access’. Here you will be able to access the kit for as long as it remains on the relevant website, which will be for a minimum period of 1 year from the time it is sold to you. If the site closes during this one year period and you lose access to the kit, your compensation will be limited to the refund of your purchase fee.
Note that if you are paying for a kit which has lifetime access by instalments – your access to the kit will be terminated if you fail to make any of the scheduled payments. Future access to the kit will be conditional upon the balance of the money due being paid.
Your access will be by username and password. You agree to keep these confidential and not to allow any other person to use them to access our kits, unless specifically authorised by us.
The DIY kits consist of videos, audios, online written guidance, pdf forms and draft wording for you to use in letters and forms, together with various other relevant material.
These terms and conditions will also apply to any free information and guidance provided on or via the Legal Kits website.
Note that any guides and kits linked from this site but which are actually provided via another website, are delivered subject to the terms and conditions set out on that website unless stated otherwise.
3.1 Using the DIY Kits
You agree that you will use our kits responsibly and in good faith, and that we may terminate your access without notice if you do not. We would draw your attention in particular to the following situations which could result in your access being terminated forthwith:
- If you allow other unauthorised people to use your user-name and password to access and use any of our paid for services
- If you copy or otherwise reproduce the material on-site for the use of others, particularly if you publish this for payment and/or if it results in misleading, derogatory or inaccurate representation of the website material
3.2 Access to the DIY Kits and website service generally
It is your responsibility to ensure that your computer equipment and software are capable of receiving and using the Legal Kits website. We cannot be responsible for any problems you may encounter using the system.
Due to the nature of interactive Internet services, we cannot guarantee that your use of the Legal Kits website will be free from interruption or errors.
We will not be responsible for any failure to provide any kits and / or the Legal Kits’ website service if this failure is due to ‘force majeure’. This means events beyond our control such as (but not limited to): war (declared or undeclared), acts of god, terrorism, earthquake, accident, explosion, fire, flood, civil commotion, abnormal weather conditions, acts of government or other agencies, industrial disputes, and non-availability of material.
3.3 Liability
We will always try to ensure that all material on the Legal Kits website is as accurate and valid as we can make it. However, you should note that we cannot guarantee that the information and advice given will always apply to a specific situation, or that any documents and forms provided will always be the most suitable for your particular situation. The use you make of the information and services provided on the website is your responsibility and we cannot accept liability for any problems resulting from your use of the Legal Kits website service.
3.4 Cancellation and refunds
If you find any of our kit and online guides are not suitable for your situation, you can ask for your order to be cancelled at any time during the 30 days following your payment by emailing [email protected] or by using the contact form in our support section. Wee will then cancel your access to the relevant kit or guide and refund the fee paid within 14 days of receipt of notice of cancellation.
Cancellations after the 30 day period are at our discretion. This does not affect your statutory rights.
4. Advice services
NB There are no Legal Kits advice services at the moment – if advice services are provided in the future they will be subject to these terms.
Terms and conditions are as set out on the sales pages and consist of telephone advice only.
The advice will normally be done Tessa Shepperson and the service is therefore subject to Tessa’s availability.
All advice services are on a fixed fee basis.
Some clients may be eligible for free advice via the Legal Services Commission and others may have legal expenses insurance, so please check whether this applies to you before instructing us to do any work.
4.1 Commencing work for you
The fixed fee for all our services is payable in advance, and nothing will be done until the fee has been paid. If payment is made by cheque, we reserve the right to delay until the cheque has cleared.
4.2 Cancellations
You have the right to cancel your instructions under Consumer Rights Act for up to 14 days after you have sent us the instruction form, and if this is done your fee will be refunded to you without any deductions. However if you wish to cancel after that time, or if you tick the box confirming that you waive your rights under the Regulations and wish us to start work before the end of the 14 day period, but then change your mind, your fee will only be refunded at our discretion. For example, if the advice has not yet been provided.
4.3 Further terms regarding our advice service
Tessa Shepperson no longer practices as a solicitor (although she has been a solicitor in the past) and advise is provided on that basis. She has professional indemnity insurance cover.
Tessa Shepperson will provide advice and services to you with reasonable skill and care and we acknowledge that (subject to the other exclusions and limitations in these Terms) we will be liable to you for losses, damages, costs or expenses (“Losses”) caused by our wilful default.
Our responsibility shall only extend to the advice and services we provide on matters upon which you have actually instructed us. We rely upon you for the accuracy of the information and/or documentation you provide. We will not be liable to you for any Losses caused wholly or in part by the provision by you of false, misleading or incomplete information or documentation or due to the acts or omissions of any persons other than this firm or arising from any cause beyond our reasonable control.
Your rights in respect of any breach on our part in respect of work done by us for you, shall only be enforceable if notice in writing giving all material details of any claim shall have been given to us within two years of the date our instruction form is emailed to us.
Any liability we may have (whether to you or anyone else, and however it arises), shall exclude, any indirect or consequential economic loss or damage (including loss of profits) suffered by you or any third party arising from, or in connection with, the work done for you, however the indirect or consequential economic loss or damage is caused, including our negligence but not our wilful default.
Nothing in this section of these terms shall impose on us any liability of any kind or for any amount which we would not have but for this section. Nothing in this section shall have the effect of restricting our liability in respect of any kind of loss, damage or liability which cannot or must not be excluded or limited under English law.
Under the Proceeds of Crime Act 2002 we may be obliged, without telling you first, to make a disclosure to the National Criminal Intelligence Service (or equivalent organisation) unless it is information received so that advice may be given about it or unless it comprises the advice itself (privileged information). We therefore, reserve the right to give such NCIS notices as we consider appropriate without notice to or discussion with you.
Note – if your kit does not include any one to one advice, you can use the telephone advice services provided via Tessa’s Landlord Law service.
5. All services
5.1 Complaints
If you are unhappy with our service, in respect of any of the services provided by our website, please send an email to us at [email protected] giving details and we will respond within 5 days.
Note that Tessa Shepperson also has a formal complaints procedure which is set out on our Landlord Law website, which you can read >> here.
5.2 Liability
Please note that any standard products and services made available through the Legal Kits website are not intended to be a substitute for tailored legal advice and that there may be special factors that should be taken into account in particular cases.
Our standard products (eg the kits and ebooks) provide general guidance only and cannot substitute for one to one advice from a qualified solicitor or other legal professional.
See also clause 3.3 above.
5.3 Copyright
You acknowledge that the ownership and legal title and all intellectual property rights for all material on the Legal Kits website are vested in us or are as set out on the individual product.
The information and files on the Legal Kits website are for your personal use only. Reproduction and publication of any material on the web-site to third parties can only be done with our permission. If permission is granted this will be on the basis that you acknowledge our authorship of the material concerned.
5.4 Privacy and Data Protection
This site complies with the principles of the data Protection Act 1998 when dealing with all data received from visitors to the site. Data consists of our mailing list, our membership list and the various cookies used to collect data for use by Google Analytics and other stats services. All information is collected lawfully and in accordance with the Data Protection Act 1998. Data is only used for the purposes described in Tessa Shepperson’s entry on the Data Protection Register. You can find out more about cookies from AboutCookies.org, an information site provided by OUT-LAW, part of international law firm Pinsent Masons.
Where you have provided your personal information to use, for example in connection with the purchase of a service, you consent to our keeping and using the personal information provided by you for our own purposes, for example for contacting you with details of information which we believe may be of interest to you, and for compiling statistics for our records. We will not pass any information we hold about you to any organisation outside our organisation without your consent, unless we are obliged to do so by law. However, should you instruct us to do any work for you, you will thereby be authorising us to disclose any relevant information about you if this is required by or is a normal consequence of the work we are doing.
Under the Data Protection Act you may request details of personal information we hold about you. Please send any such requests to us at the address given above. We are entitled to charge an administration fee for this not exceeding £10.00 at our discretion. If you believe that any information we hold about you is incorrect or incomplete, please let us know and we will amend our records.
5.5 Amendment of these terms and conditions
We reserve the right to amend these terms and conditions from time to time, and if you have access to any online service on this site such as any of our kits, you will be notified of any changes by email. You will bound by the new terms and conditions after you have been advised of any changes, unless you contact us within seven days of the date of the letter or email, requesting us to cancel your access. You will then be entitled to a refund of a proportionate part of your payment. Note if we have specifically agreed with you a variation to these terms and conditions, then this variation will continue to apply to your membership after amendment of the standard terms and conditions.
5.6 Generally
Nothing in this agreement shall benefit any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
5.7 Agreement and jurisdiction
You agree that these terms and conditions replace any previous terms and conditions which may have been agreed between us in respect of the services provided by the Legal Kits website.
Your agreement with us and these terms and conditions shall be subject to and governed by the law of England and Wales.
