Farewill Terms and Conditions

1. THESE TERMS AND CONDITIONS

1.1These are the terms and conditions on which we supply Documents and Services (as defined below) to you.

1.2Please read these terms and conditions carefully before you submit your order to us. These terms and conditions tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions or require any changes, please contact us to discuss.

2. DEFINITIONS AND INTERPRETATION

2.1“Document(s)” means the will document or any other document sold by us on our Website and which are ordered by you.

2.2“Privacy Policy” means the privacy policy on our website which can be found at https://.farewill.com/privacy.

2.3“Services” means the service provided by Farewill to create, update, revise and check the Documents.

2.4“Website” means https://farewill.com.

2.5“we”, “us”, “our” means Farewill Ltd.

2.6“you”, “your”, “yours” means the user accessing the Website and ordering any Documents and/or Services from the Website.

2.7“Writing” includes emails. When we use the words "writing" or "written" in these terms and conditions, this includes emails.

3. INFORMATION ABOUT US AND HOW TO CONTACT US

3.1We are Farewill, which is a trading name for Farewill Ltd, a company registered in England and Wales under company registration number 09701947. Our registered office is at Curtain House, 134-146 Curtain Road, EC2A 3AR, London, UK.

3.2You can contact us by writing to us at [email protected] or by post at the address above.

3.3If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

4. REGISTRATION

4.1Please check that the Documents and/or Services we offer are suitable for your use before you order from our Website. It is important that you read through the various pages on our Website before you order Documents and/or Services.

4.2To order Documents and/or Services from our Website, you will need to register your details with us. By registering, you agree to be bound by these terms and conditions and our Privacy Policy.

4.3The Documents and Services are not suitable for you if your permanent home is not in England or Wales or if you own a business, agricultural property or assets outside of the UK.

4.4You must be 18 years or over in order to register and to order Documents and/or Services from us.

4.5You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of registration and are not false or misleading or misrepresent your identity. Where requested, you must provide us with valid and complete contact details including a valid email address.

4.6When registering with us you will be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party. We will not be liable for any unauthorised access by a third party using your username and password.

5. OUR CONTRACT WITH YOU

5.1Our acceptance of your order for Documents and/or Services will take place at the time when we process your order and payment is made, at which point a contract will come into existence between you and us.

6. OUR PRODUCTS

6.1Documents and/or Services purchased from the Website are intended for your use only and you warrant that any Documents and/or Services ordered and purchased by you are not for resale and that you are acting as principal only and not as agent for another party. We shall not be liable for the Documents and/or Services to any third party.

6.2The alterations which can be made to the Documents through use of the Services will be limited to set fields such as the names of beneficiaries, executors or assets and you will be able to make unlimited changes to these areas by ordering the Services. You will not be permitted to change or alter the main text on the Documents. Once alterations have been made, you will be able to download the updated Document.

7. YOUR RIGHTS TO MAKE CHANGES

7.1Due to the bespoke nature of the Documents, you are not entitled to cancel your order or to return the Documents unless either (i) the file cannot be opened or is corrupted when you try to download the Document; or (ii) any printed version of the Document ordered is damaged upon receipt. The right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply to Documents purchased from us.

7.2In the event that you order a printed version of the Document which is damaged upon receipt, we will bear the costs of the return.

7.3All replacements for faulty or damaged Documents will be undertaken within 14 days of receipt of the returned documents or the date you notify us that the Documents cannot be opened or are corrupted.

7.4You have the right to cancel your subscription to the Services without giving any reason. To exercise your right to cancel the Services you must notify us online through the Website. You must provide us with a clear statement of your decision to cancel the Services. We will communicate to you an acknowledgement of receipt of such cancellation by email as soon as reasonably practicable.

7.5If you cancel the Services you will be allowed to continue revising your Documents for the remainder of the period you have paid for. At the end of this period you will no longer be allowed to update your Documents. In order to reactivate your subscription you will have to pay a rejoining fee, as detailed on the Website.

8. OUR RIGHTS TO MAKE CHANGES

8.1We may change the Documents, Services and/or Website:

a) to reflect changes in relevant laws and regulatory requirements; and

b) to implement minor technical adjustments and improvements.

8.2We may cancel or suspend your access to Documents or the Services if we consider that you have acted in breach of these terms.

9. PROVIDING THE DOCUMENTS AND SERVICES

9.1Where you have elected for a digital copy of the Documents only, we will make that digital content available for download by you as soon as we accept your order. Where you have elected for a printed copy of the Documents, you will be provided with an estimated date of delivery at the time of ordering. Please note that all delivery periods quoted at the time of ordering are approximate only and may vary.

9.2Where we offer a delivery service for Documents and you have elected to have the documents printed, bound and posted to you, the delivery periods and costs of delivery will be as displayed to you on the Website. Documents will be sent to the address nominated by you at the time of ordering (on the order form) and cannot be altered.

9.3Once purchased, we will supply the Services to you until you cancel the Services as described in clause 7.4 or we cancel the Services as described in clause 8.2.

9.4If our supply of the Documents is delayed by an event outside our control then we will contact you as soon as reasonably possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Documents you have paid for but not received.

9.5We may have to suspend the supply of the Services to:

a) deal with technical problems or make minor technical changes; or

b) make updates to reflect changes in relevant laws and/or regulatory requirements.

10. PRICE AND PAYMENT

10.1The price (inclusive of VAT) of the Documents will be the price displayed on the Website and indicated on the order pages when you place your order. You shall be entitled to use discount vouchers where applicable.

10.2The total price for Documents and/or Services ordered, including any relevant delivery charges, will be displayed on the Website when you place your order. Full payment must be made before the Service can be provided or a Document can be downloaded by you or despatched for delivery by us.

10.3The fee for your first Document includes use of the Services for one year. At the end of this year, we will automatically charge you an annual fee (to be indicated on the order pages when you placed your order and inclusive of VAT) per year for the continued ability to use the Services.

11. YOUR DATA

11.1Where we have requested data from you to provide the Documents, you agree to provide us with accurate and complete information.

11.2You authorise us to use, store or otherwise process your personal information (in accordance with our Privacy Policy) in order to provide the Documents to you and for marketing and credit control purposes. Please read our Privacy Policy for more information on how we store and process your personal information.

11.3You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

11.4We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the event of a breach in our secure computer servers or those of third parties.

11.5We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data which you provide when accessing or ordering from the Website.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION

12.1We will use the personal information you provide to us:

a) to supply the products to you;

b) to process your payment for the products; and

c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

12.2We will only give your personal information to third parties where the law either requires or allows us to do so.

12.3Please see our Privacy Policy for further information about how we may use your personal information.

13. INTELLECTUAL PROPERTY RIGHTS

13.1Ownership in, and all rights created in relation to the contents of the Website vest in us absolutely unless otherwise indicated. We retain ownership of all intellectual property rights related to the Website, including copyrights, trademarks and other proprietary rights. No licence is granted to you to use any such intellectual property save that you are permitted to use the Website in accordance with these terms and conditions. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website. The collection, arrangement and assembly of all content on the Website is the exclusive property of Farewill and is protected by copyright.

13.2You are granted a non-exclusive, non-transferable licence by us to use our Website and to print pages from the Website. If you order and pay for a Document through the Website you will be granted permission to enable you to create and download your Document. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.

13.3You retain all of the intellectual property rights in your data. You grant us a perpetual, irrevocable, transferable, worldwide, royalty free and unlimited licence to use, modify, keep, share, save, copy, and utilise, your data for the purpose of providing the Documents and/or Services to you and as set out in clause 12.

13.4You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Documents or the content of our Website in any way; (ii) modify or make derivative works based upon our Service and Website; (iii) embed a Document as an "iframe" or "frame" from within another application; or (iv) reverse engineer or access the Website, the Services or Documents in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to us, or (c) copy any ideas, features, functions or graphics of the Website. When using the Website you shall not: (i) send any correspondence that has not been suitably scanned for any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Website or the data contained therein, or our Website, servers or networks; (iii) attempt to gain unauthorised access to secure pages of the Website or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.

14. OUR WEBSITE

14.1The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.

14.2We use our best endeavors to ensure that the information available on the website is correct and accurate however the information is provided on an “as is” and “as available basis” and may become out of date over time.

14.3The legal information we provide on the website does not constitute the provision of legal advice and we do not guarantee that this is correct, complete or up to date. The information contained on the website is general legal information and should not be construed as legal advice to be applied to any specific factual situation.

14.4We aim to have the site available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all product descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.

14.5You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.

14.6There may be a number of links on our Website to third party websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.

15. DISCLAIMENR AND LIMITATION OF LIABILITY

15.1Farewill is not a law firm and is not registered or regulated by the Law Society of England and Wales. Any use of our Documents, Services or the Website does not create or constitute a lawyer-client relationship between Farewill or any employee of or other person associated with Farewill and you. It is for you to satisfy yourself that the nature of the Services that we offer and the Documents provided to you meet with your requirements and are satisfactory for your purposes and any legal requirements. We cannot accept any responsibility to you if the Documents and/or Services you purchased from us are not legally correct for your situation.

15.2Guidance notes are provided to assist you with the execution of your Document. It is entirely your responsibility to follow such notes and to ensure that the Document is validly executed and we shall have no liability for your failure to properly execute your Document. A failure to do so will result in an invalid and unenforceable Document. We shall have no liability for the guidance notes or for the enforceability of any Document.

15.3Future changes to the law may mean that your Document becomes out of date or obsolete and we cannot guarantee that the Document you produce will remain up to date, complete and accurate. It is not our responsibility to notify you of changes in the law or the impact of these changes on your Document and we shall bear no liability for this.

15.4We do not review the data you provide to create or generate a Document for the purpose of checking for legal accuracy, correctness, suitability or completeness other than where you have specifically requested this service and paid any fee due for this service. Where you have generated and produced a Document online we cannot accept responsibility for the appropriateness of the Document or that it will be suitable for your particular situation.

15.5The Documents and Services are suitable for use in England and Wales only. If you live or have assets outside England and Wales then you should exercise caution when using any Document and/or Services as it may not be suitable and we shall have no liability for the suitability of the Document and/or Services..

15.6We accept no liability and offer no warranty whatsoever for Documents which are made available to you to download from the Website free of charge.

15.7We disclaim any and all liability to you for the supply of the Documents and our Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Document or Service.

15.8In no event shall we be liable to you for any loss of profits, loss of data or any indirect, special, or consequential loss.

15.9The limitation of liability set out above does not apply to personal injury or death arising as a direct result of our negligence or any other liability which cannot be excluded or limited under applicable law.

15.10We only supply the Documents and Services for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16. OTHER IMPORTANT TERMS

16.1We may subcontract any part or parts of the Services and we may assign, novate or transfer any part or parts our rights and obligations under these terms and conditions to another organisation without our consent or any requirement to notify you.

16.2We may alter or vary these terms and conditions and/or our Privacy Policy at any time without notice to you.

16.3These terms and conditions together with our Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of these terms and conditions. In the event of any conflict between these terms and conditions and any other term or provision on the Website, these terms and conditions shall prevail.

16.4Any contract made for the Documents and/or Services is between you and us. No other person shall have any rights to enforce any of its terms. It is not intended that any of the undertakings and obligations set out in these terms and conditions shall be for the benefit of and capable of being enforced by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

16.5Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

16.6No delay or failure on our part to enforce our rights or remedies under these terms and conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

16.7These terms and conditions and our Privacy Policy shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.

July 2017.