1. Introduction

These Terms explain the terms of use that are applicable to any individual who is submitting a payment or payments (“Payment(s)”) using the payment system provided by us (the “Payment System”) and/or any individual who has agreed to submit Personal Data via a workflow to allow us to provide third-party law firms (“Law Firms”) with documents (and signed copies of documents), identity and source of funds verification information, and any other relevant information (“Workflow(s)”), and together with the Payment(s), the “Legl Services”).

Please read these Terms carefully. We recommend that you read these Terms in full and print out a copy for your reference.

These Terms should be read in conjunction with our Privacy Policy. By agreeing to these Terms, you also confirm that you accept the Privacy Policy. Defined terms used and not otherwise defined herein shall have the meanings ascribed to them in the Privacy Policy.

2. Who we are and how can you contact us

Legl is the trading name of the legal entity The Justice Platform Ltd.  In these Terms, “Legl”, “we”, “us” and “our” refer to The Justice Platform Ltd, registered in England and Wales under number 09534141 and with registered office at Office 7, 35-37 Ludgate Hill, London, England, EC4M 7JN.

If you have any questions about these Terms or need any information, we’re happy to help. Please email us at [email protected] or contact us in writing at our registered office, Office 7 35-37 Ludgate Hill, London, England, EC4M 7JN.

3. Your Agreement

These Terms govern your use of the Legl Services.  By submitting a Payment or Payments using the Payment System or submitting Personal Data for a Workflow, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Legl Services.  By submitting Personal Data to us, you consent that all submitted Personal Data may be processed by us in the manner and for the purposes described in these Terms.

4. Processing and Privacy

General

We provide the Legl Services when you provide your Personal Data to us through: (i) the completion of a Payment to a Law Firm; and/or (ii) the submission of information, forms or documents in order for a Workflow to be made on behalf of a Law Firm ((i) and (ii) together, the “Purpose”). The specific Personal Data collected and processed when a Payment or a Workflow is made is set out below.

You understand that any Personal Data submitted via our platform is for the Purpose and our role is only to act on behalf of the Law Firm as a data processor to process Personal Data. By submitting data to us you consent that all Personal Data that you submit may be processed by us and transmitted to the Law Firm for the Purpose. As a data processor, we shall not be liable to you for any acts or omissions in relation to your Personal Data.  Any data that we hold and process about you will be managed in accordance with applicable Data Protection Legislation and our Privacy Policy.

The Law Firm is responsible for complying with all applicable Data Protection Legislation in connection with the collection of your Personal Data and the transfer of your Personal Data to us. We recommend that you review the Law Firm’s privacy policy and that you have an agreement in place with the Law Firm regarding the use of your Personal Data. Please be aware that we are not responsible in any way for the privacy policy or practices of the Law Firm.

We will not pass on Personal Data to third parties except in accordance with our Privacy Policy or where we are required by law to disclose that information. Where it is necessary for the delivery of the Legl Services or for our internal business processes, we may share Personal Data with our sub-processors, suppliers, contractors and/or third party partners. By using the Legl Services, you agree that we may be obliged to make such disclosures.

You agree that we may collect and use technical data and related information from time to time to help us to provide software updates, product support and other services to you (if any) related to the Legl Services. Examples of the data we may collect, and use include technical information about your device, system and application software and peripherals. You agree that we may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

Either upon request by the Law Firm or when Legl (or any of our engaged third-party service providers) no longer needs to process the Personal Data (whichever is earlier), Legl will: (a) cease all use of the Personal Data; and (b) destroy the Personal Data (unless storage of any such Personal Data is required by applicable law, including any Data Protection Legislation).

Payments

For card payments, your Payment will be processed by Stripe and / or Adyen and for pay by bank (“PBB”) payments, by Banked  and/or Adyen (Banked, Stripe and Adyen together the “Payment Processors”).

When using the Payment System, you are required to provide Legl with your contact information, including your name, address and email address. This information will be used to: (i) notify you via email of the Law Firm’s request for you to make Payment; (ii) provide you with the relevant information required to submit the Payment, including (without limitation), details of the amount payable and a link to the Payment System; and (iii) provide you with confirmation that payment has been made.

Workflows

You may have recently engaged the Law Firm to provide certain services, and as part of their customer onboarding process and anti-money laundering policies, the Law Firm may carry out due diligence on you, or request your signature on documentation, through a Workflow.  Should you agree to such a check, we will use your Personal Data to provide the Law Firm with Workflows.  

In order to do this, you will submit Personal Data via our platform which may be processed by Legl or a third-party provider engaged by Legl. As of 23 June 2023, our Workflow third-party providers for individuals are Onfido, ComplyAdvantage, HelloSign, TrueLayer and Equifax (please refer to our Privacy Policy and our Sub-Processor Policy for further information regarding the providers and their certifications).  The Personal Data you submit may include your name, date of birth, home address, email address, a form of ID, an identifying video of yourself, biometric data, and any other information or documentation that you upload to the platform.

This information will enable Legl to: (i) generate a report for the Law Firm to enable them to complete their due diligence process; (ii) provide Law Firms with notifications of new Workflows that have been completed; and (iii) provide you with confirmation that their information has been successfully submitted.

In connection with (i) above, the information that you uploaded to the platform will be disclosed to Equifax Limited, a credit reference agency (“CRA”), which may keep a record of that information and disclose it (and the fact that a search was made) to its other customers to verify identity, assess the risk of giving credit, prevent fraud and money laundering, and to trace debtors. For further information on how CRAs may process your Personal Data, please refer to the CRA Information Notice (‘CRAIN’), the industry standard privacy information policy adopted by the United Kingdom’s leading CRAs (a copy of which can be found here), and as may be updated from time to time.

5. Identity Verification

As part of our Workflows, we may use identity verification services provided by a third-party provider to verify your identity documents, confirm your identity and protect against fraud and abuse. During this process, you may be asked to submit a valid passport, driver’s licence or government-issued photo ID, along with a selfie image and video. The third-party provider will authenticate your identity document, and may use facial recognition technology to produce a unique biometric identifier based on facial geometry that can be used to compare your selfie image and video to the image on the identity document you provided to determine the likelihood that the images are a “match.”

Neither Legl nor the Law Firm receives the biometric identifier generated from the images. It is generated and held by the third-party provider until Legl we informs them that the biometric identifier is no longer needed for the purposes described in these Terms of Use. For identity verification and security purposes, Legl and the Law Firm will have access to the video and a screenshot of the video and will receive the information extracted from the identity scan of the ID document as well as the results of the identity verification process. The Law Firm may use this process and associated information to verify your identity, authenticate your identity documents, and protect against fraud and misrepresentation. Legl do not use, disclose or retain your biometric information for any other commercial purpose. Our third-party provider processes this information on our behalf strictly in accordance with our contractual agreements.

6. Access to the Payment System

As part of the email communication we send to you regarding the Law Firm’s request for you to make Payment, you may be provided with a link to access the Payment System. On the successful processing of a Payment, funds go directly to the Law Firm.

If we suspect any fraudulent, criminal or improper activity is being carried out via the Payment System, in addition to terminating your access to or use of the Payment System and the associated services in accordance with these Terms, we may report or disclose information about you and/or your use of the Payment System and associated services to relevant law enforcement, at our sole discretion and without notice to you.

Once your Payment has been processed by a Payment Processor, it may not be cancelled, refunded or recovered. This does not affect your statutory or legal rights. Should you wish to enquire about cancelling or obtaining a refund in respect of all or a part of your Payment, you will need to contact the Law Firm directly. Legl is unable to process such requests.  

By making a Payment, you represent, warrant and undertake on a continuous basis to Legl that the payment of any funds used for such Payment will not result in a breach of applicable law. We reserve the right to cancel any Payments made via the Payment System without notice should we in our sole discretion suspect or determine that you have breached applicable law or any of these Terms (or pose any risk of doing so). We will not be liable to you for any losses that you suffer or incur as a result of us doing so.

7. Acknowledgement and Obligations

You acknowledge and agree that:

(a) by using the Legl Services, you agree that you have read, understand and accept Onfido’s: (i) Facial Scan Policy and Release; (ii) Privacy Policy; and (iii) Terms of Service;

(b) you consent to Onfido’s processing of your biometric information for the purposes of performing identity verification;

(c) your use of the Legl Services is on an ‘as is’ and ‘as available’ basis, and that your use of the Legl Services is at your sole risk;

(d) Legl does not make any representations or warranties as to the truth, accuracy, quality or completeness of information provided in connection with the Legl Services;

(e) you will not access the Services in any jurisdiction other than the United Kingdom such that Legl’s provision of the Services would require Legl or Third-Party Service Providers to physically store data (of any kind) in that jurisdiction, without first obtaining Legl’s prior written consent;

(f) Legl explicitly excludes any other conditions, guarantees, implied and statutory warranties or terms in relation to the Legl Services, to the extent permissible by law;

(g) your use of the Legl Services is not determinative of your status as a client of the Law Firm; you should therefore ensure that appropriate contractual arrangements are in place between you and the Law Firm prior to using the Legl Services;

(h) you are also solely responsible for verifying that the amount that you are paying via the Payment System is correct; all Payments are made at your sole discretion and risk; Legl takes no steps to verify that the amount is correct, nor does it take any steps to investigate the use of Payment once the relevant funds have been transferred to the Recipient;

(i) nothing in the Legl Services or in emails sent to you by Legl on the Law Firm’s behalf is, or should be construed as, legal advice; and

(j) Legl is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer or data over communications networks and facilities, including the internet or any harm resulting from your use of the Legl Services.

You acknowledge and agree that you will:

(a) only use the Legl Services in accordance with these Terms;

(b) not use the Legl Services in any manner which violates any applicable law or regulation or unauthorised purpose;

(c) not upload any information and/or material which is or contains any material which is defamatory of any person, sexually explicit, promotes violence, promotes discrimination whether based on race, sex, religion, nationality, disability, sexual orientation or age, infringes any copyright or trademark of any other person, that impersonates any person or to misrepresent your identity or affiliation with any person; and

(d) not encourage or assist any third party to do any of the foregoing.

8. Representations and Warranties

You represent, warrant and covenant that:

(a) any and all information, materials and/or documentations you submit about yourself or the entity of whom you are acting on behalf, are true, accurate, current and complete to the best of your knowledge and belief;

(b) all information you provide to us and via our Payment Processors is true and accurate;

(c) you have all rights and authority required to provide any information, materials and/or documentation you provide Legl; and

(d) any documentation uploaded by you via the Legl Services does not infringe any third-party rights or infringe any applicable law.

9. Liability and Indemnity

By using the Legl Services, you hereby acknowledge and agree:

(a) the decision as to whether to make a Payment using the Payment System is that of a user of the Payment System alone and Legl accepts no liability for the reliance of a user of the Payment System on any content contained in the Payment System; Legl cannot guarantee that a Law Firm has provided information that is accurate, complete or true;

(b) Legl is not responsible for the services offered by any third-party service provider, or any act or omission of a service provider or any other third-party;

(c) you will indemnify Legl, our directors and employees, for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms or for any liability we incur as a result of the use of the Legl Services by you and/or any other person that uses your account with your permission or as a result of your negligence;

(d) you will indemnify Legl, our directors and employees, from any claim made by any third-party due to or arising directly or indirectly out of your conduct or in connection with your use of the Legl Services, violation of these Terms, and any violation of any applicable law or regulation;

(e) to the fullest extent permissible by law, in no event will Legl, its directors, employees, partners or suppliers be liable for any loss or damage of any kind, including but not limited to: (i) any losses or damages resulting from your access to, or use of the Legl Services; (ii) lost profits, data loss or cost of procurement for substitute goods or services; and (iii) or for any conduct or content of any user of the Legl Services; and

(f) each of these limitations is reasonable having regard to the nature of our services.

10. Intellectual Property

Legl owns all right, title, and interest in and to the Legl Services, including all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to the Legl Services and all intellectual property rights therein (“Legl Content”). All rights not expressly granted herein are reserved. Any unauthorised use of the Legl Content without our prior written permission is strictly prohibited.

11. Term and Termination

These Terms commence on the date you first use the Legl Services and terminate either when you stop using the Legl Services or if Legl terminates these Terms pursuant to this clause.

Legl reserves the right, at our sole discretion, to suspend or permanently deny your access to the Legl Services, immediately and without notice, where you breach these Terms including where there is any actual or suspected fraudulent, criminal or improper use of the Legl Services.

Upon such termination, suspension or denial of access to the Legl Services, and in particular the Payment System, we may decide to refuse to transfer funds in connection with a Payment to the Law Firm where there has been a breach of these Terms and/or where there is any actual or suspected fraudulent, criminal or improper use of the Payment System. In such an instance, and subject to any relevant investigation we may undertake in relation to your case, we may authorise a refund to you.

Termination under this clause will not affect any rights or remedies which we may have otherwise under these Terms or at law. Any rights that have accrued to either party at the date of termination will remain enforceable after termination.

12. Changes to these Terms

We may at any time amend these Terms upon reasonable notice to you. Such notice may be sent via email, posted on our website or published in any media that we deem appropriate. Any changes will apply to you seven days after the date of our email to you or the date on which we post the modified terms on the site, whichever is earlier. You are deemed to agree to such amendments if you use the Legl Services after the effective date of such amendments.

13. General

Confidentiality. The Legl Services and associated materials are confidential information. You must keep that information secure and only use it in accordance with these Terms except as may be required by any applicable law. These confidentiality obligations survive the expiry or termination of these Terms.

Reservation of Rights. We reserve the right at our sole discretion to deny anyone access to the Legl Services (or any part thereof) without notice and to decline to provide the Legl Services to anyone that is in breach of these Terms.

Force Majeure. We shall not be liable to You for any breach of these Terms or any failure to provide or delay in providing the Legl Services resulting from any event or circumstance beyond our reasonable control.

Waiver and Modification. No failure of either you or Legl to exercise or enforce any rights under these Terms will act as a waiver of those rights. These Terms may only be modified, or any rights under it waived, by a written agreement executed by the party against which it is asserted.

Severability. If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected.

Governing Law. These Terms and all disputes and claims arising out of or in connection with them are governed by English law. With the sole exception of any application for injunctive relief, the parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) arising out of or in connection with these Terms (including their subject matter or formation).

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