By accepting these Terms, or by accessing or using the Service or Site, or authorizing or permitting any Agent or End-User to access or use the Service, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to Postremus Ltd that you have the authority to bind such Entity and its affiliates to these Terms, in which case the terms “Subscriber,” “You,” “Your” or related capitalized terms herein shall refer to such Entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service.
When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:
Account: means all Larke accounts or instances created by or on behalf of Subscriber or its Agents within the Service.
Agent: means an individual authorized to use the Service through Your Account as an agent and/or administrator as identified through a unique login.
Confidential Information: means all information disclosed by You to Postremus Ltd or by Postremus Ltd to You which is in tangible form and labelled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms, Your Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms; or (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
Documentation: means any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Service provided or made available by Postremus Ltd to You, Agents or End-Users through the Site or otherwise.
End-User: means any person or entity other than Subscriber or Agents with whom Subscriber or its Agents interact using the Service.
Form: means any Postremus Ltd generated service order form executed or approved by You with respect to Your subscription to the Service, which form may detail, among other things, the number of Agents authorized to use the Service under Your subscription to the Service and the Service Plan applicable to Your subscription to the Service.
Other Services: means third party products, applications, services, software, products, networks, systems, directories, websites, databases and information which the Service links to, or which You may connect to or enable in conjunction with the Service, including, without limitation, certain Other Services which may be integrated directly into Your Postremus Ltd Service.
Service: means the on-demand Postremus Ltd customer service solution and tools provided by Postremus Ltd, including, individually and collectively, Software, the API and any Documentation. Any new or modified features added to or augmenting the Service or updates or enhancements to the Service (“Updates”) are also subject to these Terms and We reserve the right to deploy Updates at any time.
Service Plan: means the service plan and the functionality and services associated therewith (as detailed on the Site) for which You subscribe.
Site: means https://larkeonline.co.uk and all other websites owned or operated by Postremus Ltd.
Software: means software provided by Postremus Ltd (either by download or access through the internet) that allows an Agent or End User to use any functionality in connection with the Service.
Subscription Term: means the period during which You have agreed to subscribe to the Service with respect to any individual Agent.
Your Data: means all electronic data, text, messages or other materials submitted to the Service by You, Agents and End-Users in connection with Your use of the Service.
Postremus Ltd: means Postremus Ltd Limited, trading as Larke, a UK corporation or any of its successors or assignee. In these terms, Postremus Ltd may also be referred to through the use of “We” or “Our”.
2.1 During the Subscription Term and subject to compliance by You, Agents and End Users with these Terms, You have the limited right to access and use the Service consistent with the Service Plan You subscribe to for Your internal business purposes. Without limiting the foregoing, Your right to access and use the API is also subject to the restrictions and policies implemented by Postremus Ltd from time to time with respect to the API as set forth in the Documentation or otherwise communicated to You in writing.
2.2 You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than authorized Agents and End Users in furtherance of Your internal business purposes as expressly permitted by these Terms; (b) use the Service to process data on behalf of any third party other than Agents or End Users; (c) modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or related systems or networks; (d) falsely imply any sponsorship or association with Postremus Ltd, (e) use the Service in any unlawful manner, including but not limited to violation of any person’s privacy rights; (f) use the Service to send unsolicited or unauthorized junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights; (h) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (i) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service; (j) use the Service to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (k) use the Service to store or transmit any health information; (l) use the Service to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”); or (m) try to use, or use the Service in violation of these Terms.
2.3 You are responsible for compliance with the provisions of these Terms by Agents and End Users and for any and all activities that occur under Your Account, as well as for all Your Data. Without limiting the foregoing, You are solely responsible for ensuring that use of the Service to store and transmit Your Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Your purposes. Subject to any limitation on the number of individual Agents available under the Service Plan for which You subscribed, access to and use of the Service is restricted to the specified number of individual Agents permitted under Your subscription to the Service. You agree and acknowledge that each Agent will be identified by a unique username and password (“Login”) and that an Agent Login may only be used by one (1) individual. You will not share an Agent Login among multiple individuals. You and Your Agents are responsible for maintaining the confidentiality of all Login information for Your Account.
2.4 Postremus Ltd reserves the right, in Postremus Ltd’s reasonable discretion, to temporarily suspend Your access to and use of the Service: (a) during planned downtime for upgrades and maintenance to the Service ( of which Postremus Ltd will use commercially reasonable efforts to notify You in advance) (“Planned Downtime”); (b) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the Internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks; or (c) if We suspect or detect any Malicious Software connected to Your Account or use of the Service by You, Agents or End Users. We will use commercially reasonable efforts to schedule Planned Downtime for weekends and other off-peak hours.
3.1 Subject to the express permissions of these Terms, You and Postremus Ltd will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of us may use each other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms and shall disclose such Confidential Information solely to those of our respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information.
3.2 Postremus Ltd will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Service Data.
3.3 We have an incident management process for security events that may affect confidentiality, integrity, or availability of Our systems or data that affects Your Service Data.
3.4 You agree that Postremus Ltd and the service providers We use to assist in providing the Service to You shall have the right to access Your Account and to use, modify, reproduce, distribute, display and disclose Your Data solely to the extent necessary to provide the Service, including, without limitation, in response to Your support requests. Any third party service providers We utilize will only be given access to Your Account and Your Data as is reasonably necessary to provide the Service and will be subject to confidentiality obligations.
Postremus Ltd may also access or disclose information about You, Your Account, Agents or End Users, including Your Data, in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect Postremus Ltd’s or its customers’ or partners’ rights or property, including enforcement of these Terms or other policies associated with the Service; (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation.
3.5 We collect certain information about You, Agents and End Users as well as Your and their respective devices, computers and use of the Service. We use, disclose, and protect this information as described in Our Privacy Policy, the then-current version of which is available at https://larkeonline.co.uk/PrivacyPolicy and is incorporated into the Terms.
Each of us shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You, Agents and End Users to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith. Subject only to limited rights to access and use the Service as expressly herein, all rights, title and interest in and to the Service and all hardware, software and other components of or used to provide the Service, including all related intellectual property rights, will remain with and belong exclusively to Postremus Ltd.
If You decide to enable, access or use Other Services, be advised that Your access and use of such Other Services is governed solely by the terms and conditions of such Other Services, and We do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Other Services, including, without limitation, their content or the manner in which they handle data (including Your Data) or any interaction between You and the provider of such Other Services. You irrevocably waive any claim against Postremus Ltd with respect to such Other Services. Postremus Ltd is not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such Other Services, or Your reliance on the privacy practices, data security processes or other policies of such Other Services. You may be required to register for or log into such Other Services on their respective websites. By enabling any Other Services, You are expressly permitting Postremus Ltd to disclose Your Login as well as Your Data as necessary to facilitate the use or enablement of such Other Service.
6.1 By participating in the free trial (“Trial”) you agree to be bound by our Terms and Conditions and the following terms (“Trial Terms”), provided that in the event of a conflict the Trial Terms shall govern. The Trial period will be for thirty (30) days from the date you activate the Trial. All customers signing up for the Trial will be required to submit payment card details as part of the process, to allow automatic payments once the free trial period finishes. Customers not wishing to continue the Service once the Trial ends must cancel the Service before the Trial ends.
6.2 Monthly subscription: You agree to an initial and recurring monthly subscription fee at the then-current Monthly subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.
6.3 By purchasing the “Larke Starter” subscription, you agree to an initial monthly payment of £14.99 per user and an additional £4.99 per report generated during the monthly billing cycle.
6.4 By purchasing the “Larke Business” subscription, you agree to a monthly payment of £45.00 per user with no additional payment per report generated.
6.5 Automatic monthly renewal terms: once you subscribe Postremus Ltd will automatically process your Monthly Subscription fee in the next billing cycle. Postremus Ltd will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate, until you cancel your subscription.
6.6 You can change your Subscription Plan at any time during your Subscription Term (a “Subscription upgrade”). If you choose to change your Subscription Plan, your account will be charged at the end of the month at the rate of the Subscription Upgrade only. In any future Subscription Term, Your Subscription Charges will reflect any such Subscription Upgrades.
7.1 Either You or Postremus Ltd may elect to terminate Your Account and subscription to the Service as of the end of your then current Subscription Term at any time during your Subscription Term. Unless Your Account and subscription to the Service is so terminated, Your subscription to the Service will renew for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences.
7.2 No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term. Following the termination or cancellation of Your subscription to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is cancelled.
7.3 If You terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term or We effect such termination or cancellation, You must immediately pay to Postremus Ltd any then unpaid Subscription Charges associated with the remainder of such Subscription Term.
7.4 Postremus Ltd reserves the right to modify, suspend or terminate the Service (or any part thereof), Your Account or Your and/or Agents’ or End Users’ rights to access and use the Service, and remove, disable and discard any of Your Data if We believe that You, Agents or End Users have violated these Terms. Postremus Ltd shall not be liable to You, Agents, End Users or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by You, Agents or End Users may be referred to law enforcement authorities at Our sole discretion.
The site and the service, including all server and network components are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law, and Postremus ltd expressly disclaims any and all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Postremus ltd does not warrant that the service will be uninterrupted, timely, secure, error-free or free from viruses or other malicious software, and no information or advice obtained by you from Postremus ltd or through the service shall create any warranty not expressly stated in these terms.
The site and service contain general information based on English law. Whilst we make every effort to ensure that the contents are accurate and up to date, nothing on this site and service should be construed as legal advice. Postremus ltd expressly disclaims any and all liability and responsibility arising from any reliance placed on the information contained in the site and service. We do not review the data you, agents or end-users provide to create or generate a Larke report for the purpose of checking for legal accuracy, correctness, suitability or completeness.
Liability and responsibility for the legal accuracy, correctness, suitability and completeness of documents produced using this service rests with you, agents or end-users. We expressly disclaim responsibility and liability for any and all information and documents, including but not limited to wills, created by you or provided by you to Postremus ltd when using the service. We shall have no liability or responsibility for any documents or information included as appendices or attachments to the Larke report.
Postremus ltd is not a law firm and is not registered or regulated by the Solicitors Regulation Authority. Any use of our site, service or information contained therein does not create a lawyer-client relationship between you, agents or end-users and Postremus ltd.
We will accept no liability for verifying:
Your and/or your client’s identity, testamentary and/or mental capacity
Whether you and/or your client are or were subject to any undue influence when using the service or signing any documents
Whether you and/or your client are or were negligent when using the service or signing any documents
Whether you and/or your client knew, understood and approved the contents of your documents
Whether there were or might be any actual or potential third party beneficiary who might have a claim in law against you and/or your client’s estate
9.1 under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will either party to these terms, or their affiliates, officers, directors, employees, agents, suppliers or licensors be liable to the other party or any third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by such party or third party in connection with these terms or the service, regardless of whether such party has been advised of the possibility of or could have foreseen such damages.
9.2 notwithstanding anything to the contrary in these terms, Postremus ltd’s aggregate liability to you or any third party arising out of these terms or otherwise in connection with any subscription to, or use or employment of the service, shall in no event exceed the subscription charges paid by you during the twelve (12) months prior to the first event or occurrence giving rise to such liability. You acknowledge and agree that the essential purpose of this section 9.2 is to allocate the risks under these terms between the parties and limit potential liability given the subscription charges, which would have been substantially higher if Postremus ltd were to assume any further liability other than as set forth herein. Postremus ltd has relied on these limitations in determining whether to provide you the rights to access and use the service provided for in these terms.
These terms and all issues regarding our website and service are governed by English law.
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the Service with actual knowledge of the modified Terms, or (c) thirty (30) days following our publication of the modified Terms through the Service.