TERMS & CONDITIONS
We own and operate the Website ukdeedpolloffice.org (“Website”). We are UK Deed Poll Office LLC, with a postal address at 1 Charterhouse Mews, Barbican, London, EC1M6BB, UK .
1 Guarantee of Acceptance by any UK Public Body (“Guarantee”)
a We guarantee, subject to clause 2 below, that a Deed Poll issued by Us will be accepted as evidence of your change of name by HM Passport Office, the DVLA and/or any other governmental agencies.
b If Our Deed Poll is refused by any such body, subject to clause 2 below, We will give you a full refund.
2 Exceptions to our Guarantee
a Our Guarantee will not apply in the following circumstances:
i Where the body you have notified of your change of name is outside the UK;
ii Where you are not a British national or do not have a British passport;
iii Where you have applied for a Deed Poll for a child, and have not obtained the consent of all people with Parental Responsibility;
iv Where you do not notify all appropriate public bodies or record holders of your change of name;
v Where you do not immediately proceed to use your new name;
vi Where your application to Us contained incorrect or misleading information;
vii Where you have not correctly signed or witnessed your Deed Poll;
viii Where your notification to the UK body or record holder did not contain all the necessary documents, or contained incorrect or misleading information;
ix Where the UK body or record holder could not process your change of name for technical reasons;
x Where the UK body or record holder deems your new name to be unacceptable for any reason;
xi Where you are currently detained under the Mental Health Act, or lack the capacity to change your name;
xii Where you have not supplied Us with a copy letter from any non-accepting UK body or record holder, in which they state that the Deed Poll cannot be accepted;
xiii Where you have not allowed Us sufficient time to verify the refusal from any non-accepting body and had an opportunity to get your Deed Poll accepted.
3 Refusal by us to process your Deed Poll
a We reserve the right to refuse to process your Deed Poll.
b For instance, We will refuse to process your Deed Poll, if:
i We believe your proposed new name has been chosen with the intention of committing fraud;
ii We believe your change of name is against the law;
iii We believe your change of name promotes racial or religious hatred, derides minorities, or promotes the use of drugs;
iv We believe, in the case of an application for a child, that the proposed new name is demeaning;
v Your proposed new name contains letters or symbols, is too long, or is likely to be refused for any reason by HM Passport Office or other public bodies or record holders.
4 The Process
a Provided We do not refuse to process your Deed Poll in accordance with clause 3 above, and provided your delivery address is in the UK, if We receive your application before 3 pm on a working day, We will, on the same day, send you, by e-mail, confirmation of our receipt of your application, and, within 2 working days by 1st class post, provided your delivery address is in the UK:
i Your Deed Poll;
ii The duplicate copies you have ordered;
iii Our guidance notes on how to sign and witness your Deed Poll;
iv Our list of those organisations you should consider notifying; and
v Our draft Covering Letter for you to use when notifying them.
5 Cancellation, mistakes and refunds
a You may at any time cancel any order you have placed with Us, provided that We have not begun to process your Deed Poll.
b If your application was correct, but We make a mistake on your Deed Poll and you notify Us of the mistake, We will, without charge, correct the mistake and send you new documents within 2 working days of being notified of the mistake.
c If We make a mistake on your Deed Poll as a result of a mistake on your application, We will correct the mistake and send you new documents within 2 working days of being notified by you of the mistake and upon payment by you of £10.
d If you cancel your order in accordance with these Terms, We shall refund the amount you have paid Us, less any costs incurred by Us in provision of the Services prior to the cancellation by you.
e Any refund made to you will be by the same method used by you in making your payment to Us. We will make any such payment within 30 days of making Our final assessment of the circumstances to which the refund relates.
f Your statutory rights are not affected.
6 Confidentiality and Intellectual Property
a All intellectual property rights within or arising from the Website, shall be owned by Us. This includes, without limitation, any and/or all patents, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and/or any other such similar rights which may, from time to time, arise in relation to the Website, and in particular in any computer code, text, graphics and their selection and/or arrangement (“Intellectual Property”).
b You may access the pages of the Website and, in respect of the content contained on such pages (“Content”), you may retrieve and display it on a computer screen, print off one copy and/or download extracts for your own personal use. You must not modify the paper or digital copies of any Content in any way, and you must not use any illustrations or photos from any accompanying text. You may not use any part of the Content and/or Intellectual Property for commercial purposes without obtaining a licence from Us to do so. You may not otherwise reproduce, modify, copy or distribute any of the Intellectual Property and/or any Content or material contained on the Website.
c We agree that We shall use Our reasonable endeavours to keep confidential any information provided to Us by you.
7 Limitations, exclusions and choice of law
a We shall not be liable for any breach of the Contract if the breach results from Force Majeure.
b For the purposes of this clause 7, Force Majeure means any circumstances outside Our reasonable control, including, but not limited to:
i An act of God, flood, fire, the elements, explosion, lightning damage, electromagnetic interference;
ii War, civil commotion, strikes or lock-outs, industrial dispute, blackout or other failure of energy or power supply, notwithstanding that We have taken all reasonable steps to procure the same;
iii Shortage of labour, breakdown or partial failure of our computer systems, data corruption, interception, delays and/or any external compromise of security;
iv Any late receipt of your specifications or other necessary information;
v Acts, order or regulations of Government; and/or
vi Any other cause whatsoever beyond Our reasonable control.
c Where We are affected by Force Majeure, the time for delivery of the Services shall be extended by a period equal to the period of the Force Majeure.
d All third party rights are excluded and no third parties shall have any rights to enforce the Contract between us.
e The Services are provided by Us without any warranty or guarantee, except as provided by clauses 1 and/or 2 above.
f We make no representations and/or warranty with respect to the Website, or its contents. We disclaim all such representations and/or warranties, whether express or implied, to the fullest extent permitted under English law.
g We make no representations and/or warranties about the accuracy, completeness and/or suitability for any purpose of the information contained in the Website.
h We shall have no liability that any software contained on the Website or any related servers shall be free of viruses or any other harmful components.
i You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
j You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, compute or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant authorities and we will disclose your identity to them. In the event of such a breach, any rights obtained by you under the Terms shall immediately cease.
k We shall have no liability to you for any:
i Consequential, special, indirect, financial, economic or other similar losses (including loss of profits and/or damage to reputation); and/or
ii Compensation and/or other ancillary financial payment you may be and/or become subject to.
l Our total liability to you shall not exceed the total sum paid by you to Us for the Services.
m You shall be under a duty to mitigate any loss, damage, costs or expenses that you may suffer.
n Each of the limitations and/or exclusions in this contract shall be deemed to be repeated and shall apply as a separate provision for each of:
i Liability for breach of contract;
ii Liability in tort (including negligence); and
iii Liability for breach of statutory duty;
except clause 7l above, which shall apply once only in respect of all the said types of liability.
o Nothing in the Contract shall exclude or limit our liability for death or personal injury due to negligence or any liability which is due to fraud or any other liability which it is not permitted to exclude or limit as a matter of law.
p Nothing in the Contract shall exclude or limit any of your statutory rights, which may not be excluded or limited due to your acting as a consumer.
q We make no representation that the Website is applicable or appropriate for use outside the UK. Accessing the Website from other countries may be illegal, and We accept no liability for using the Website from outside the UK. If you are accessing the Website from outside the UK, you have sole responsibility for such access and are fully responsible for complying with all local and/or applicable laws.
r The Contract between us is governed by English law. Any disputes arising out of or relating to the Contract shall be determined by the non-exclusive jurisdiction of the English courts. However, if you are a resident of Scotland, you may also bring proceedings in Scotland, and if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland.