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THESE TERMS AND CONDITIONS RELATE ONLY TO USERS OF OUR ONLINE WILL-MAKING SERVICE
In these terms and conditions:
(a) "ProfessionalWills" means the division of Documents Plus Limited known as ProfessionalWills
(b) "You means the individual using the ProfessionalWills Will writing service ("the Service")
(c) "Will Interview Questionnaire" means the ProfessionalWills on-line questionnaire completed by You
(d) "the Site" means the ProfessionalWills website
The Service
1. The Service is only appropriate if You:
are domiciled in England or Wales
are over 18 years of age
are able read, write and see
understand the English language
understand the nature and purpose of making a Will
ProfessionalWills accepts no responsibility for verifying your identity or any of the above.
2. You can only use the Service to make your Will.
3. ProfessionalWills reserves the right to refuse to process any submitted Will Interview Questionnaire or prepare any Will at its absolute discretion.
4. ProfessionalWills shall prepare your Will in reliance upon the information provided by You in your completed Will Interview Questionnaire and will not be liable for any inaccuracies, errors, omissions, or otherwise and You or your Estate agree to indemnify ProfessionalWills in respect of any claim in respect arising therefrom.
5. ProfessionalWills will post your Will to You at the address in the U.K. provided by You by First Class Post and will use its best endeavours to do so within three normal working days of receipt from You of your completed Will Interview Questionnaire.
6. ProfessionalWills will accept written cancellation of the Will making request within 7 days of Your receipt of the Will. We will credit Your credit card via WorldPay. However, this only applies where You have returned the unopened Will envelope with the written cancellation.
7. ProfessionalWills will provide with the Will detailed instructions for execution of the Will which must be strictly adhered to and ProfessionalWills accepts no liability for any loss whatsoever arising out of a failure to fully observe such instructions. Should a beneficiary suffer a loss as a result of Your failure to follow the instructions, You or your estate will indemnify ProfessionalWills in respect of any claim made by that beneficiary.
8. You are invited to return the executed Will to ProfessionalWills for checking. Because of the remote nature of this method of making a Will, there are certain elements of the execution process ProfessionalWills is unable to ensure are complied with. These are:
a) that the witnesses are over 18
b) that the witnesses are not married to a beneficiary (unless it is apparent from the content of the Will or completed Will Interview Questionnaire
c) that the witnesses saw you sign the Will
d) that you watched both witnesses as they each signed the Will
Should a beneficiary suffer a loss as a result of your failure to return the Will to ProfessionalWills for checking You or your Estate agree to indemnify ProfessionalWills in respect of any claim made against it by that beneficiary.
9. ProfessionalWills accepts no responsibility for any loss caused by Your failure to execute the Will in good time or at all. Should a beneficiary suffer a loss as a result of Your failure to execute the Will in good time or at all, You or your estate agree to indemnify ProfessionalWills in respect of any claim made against it by that beneficiary.
10. ProfessionalWills will not review your Will from time to time or in the light of changes in the law or taxation. The responsibility for review is Yours.
Payment
11. Payment will only be accepted through the WorldPay system by Credit Card in your name.
Limitation of Liability
12. ProfessionalWills accepts no liability whatsoever for any loss caused by any computer virus transmitted to You from the Site.
13. ProfessionalWills accepts no liability for any loss caused should the Will be lost or delay of any email transmission or should the Will be lost or delayed in the post.
14. ProfessionalWills accepts no responsibility for the content of, advice given or goods or services offered by any website linked to the Site and accepts no liability for any loss incurred by You in respect of any such content, advice, goods or services.
Data Protection Notice
15. For the purposes of the Data Protection Act 1998, ProfessionalWills confirm:
That Personal Data, as defined in the Act, will be collected and stored in electronic form.
The Personal Data entered in the questionnaire and contained in the Will, will be kept for a period of 12 years.
Personal Data will not be used for any purpose other than: -
- The preparation of the Will
- The monitoring of the service provided to Clients.
- Checking and comparing the names, addresses and other details of users to ascertain whether an individual, partnership or company is using this service for commercial purposes.
Personal Data will not be passed on to any Third Party except as follows: -
- To WorldPay (or any other payment collection service as ProfessionalWills shall from time to time appoint) for the purposes of obtaining payment for the Will. Such transfer of Personal Data will be limited to that data which is necessary to obtain payment.
- To other companies within Documents Plus Group of companies.
16. Should You wish to request that Personal Data be deleted from ProfessionalWills databases, or have any other queries about the Personal Data held, You should contact: -
ProfessionalWills
The Old Station,
Hever,
Kent, TN8 7ER
e-mail: wills@chamnet.com
Distance Selling Notice
17. For the purposes of the Consumer Protection (Distance Selling) Regulations 2000, the following information is given:
a) ProfessionalWills is a division of Documents Plus Limited
b) Any queries or complaints should be addressed to: -
ProfessionalWills,
The Old Station,
Hever
Kent, TN8 7ER
e-mail wills@chamnet.com
c) You have the right to cancel this contract any time within 7 days of receipt of the Will. However, because of the personal nature of the service, and the ease of copying, no cancellation of the contract will be accepted if the envelope containing the Will has been opened.
d) Cancellation must be made by sending the "Cancellation Notice" together with the unopened Will envelope, to ProfessionalWills at the above address.
e) Although no charge will be made in respect of a cancellation, ProfessionalWills reserves the right to recoup its costs of postage.
Intellectual Property Rights Notice
18. The contents of the ProfessionalWills website are protected by copyright and must not be reproduced without the prior written permission of Documents Plus Ltd.
19. The Chameleon software system is protected by patent pending in European Patent Convention countries.
20. The Chameleon software system is also protected by patent pending in the United States of America.
21. The Chameleon software system is also protected by Patent in South Africa.
Miscellaneous
22. ProfessionalWills reserve the right to change these terms and conditions without notice.
23. The submission by You of a Will interview questionnaire constitutes acceptance of these terms.
24. Refunds will be made at ProfessionalWills discretion.
Legal Notices
25. These Terms and Conditions are subject to the law of England and Wales and any disputes will be dealt with by the Courts of England and Wales.
26. Any provision of these Terms and Conditions which are declared void or unenforceable by any competent authority or court shall to the extent of such invalidity or unenforceability be deemed severable and the other provisions of these Terms and Conditions shall continue unaffected.
Force Majeure
27. ProfessionalWills shall not have any liability whatsoever or be deemed to be in default for any delays or failure in performance under these Terms and Conditions resulting from acts beyond its control, including but not limited to acts of God, acts or regulations of any governmental or supranational authority, war or national emergency, terrorist activities, accident, fire electricity failure or power cuts or server malfunction. |
