Terms & Conditions

We are:

Farewill which is a trading name for Farewill Ltd a company registered in England under company number 09701947.

Our address is:

Our trading address is 110 Hampstead Road, NW1 2LS and our registered office address is 110 Hampstead Road, NW1 2LS.

We can be contacted at:

by post at the trading address given above;
or by email – [email protected].

You are:

a user of our Website.

Please read the terms and conditions set out below carefully before registering with us and ordering any Documents from this Website. By registering with us and ordering Documents and Services from this Website you agree to be bound by these terms and conditions (“Terms and Conditions”).

1. Definitions

“Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;

“Data” is a reference to the personal information that you provide to us when using the Website;

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

“you”, “your” and “yours” are references to you the person accessing this Website and ordering any Documents or Services from the Website;

“we”, “us” and “our” are references to Farewill Ltd;

“Website” is a reference to our Website www.farewill.com.

2. Registration

2.1 To order Documents and Services from us, you will need to register your details with us. By registering with us you agree to be bound by the Agreement.

2.2 You must be 18 years or over in order to register and to purchase Documents and Services.

2.3 You 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 and a valid email address.

2.4 When 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.

3. Ordering

3.1 Any contract for the supply of Documents and Services from this Website is between you and us.

3.2 Please check that the Services we offer and the Documents 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. THE SERVICES AND THE DOCUMENTS ARE NOT SUITABLE FOR YOU IF YOU ARE UNDER 18 YOUR PERMANENT HOME IS NOT IN ENGLAND OR WALES YOU OWN BUSINESS OR AGRICULTURAL PROPERTY OR YOU OWN ANY ASSETS OUTSIDE OF THE UK.

3.3 There is only one pricing option on the site. Purchase of a will includes one year of free revisions. The changes which can be made will be to set fields such as the names of beneficiaries, executors or assets and you will be able to make unlimited changes to these areas. You will not be permitted to change or alter the main text on the Documents.

3.4 Documents purchased from this Website are intended for your use only and you warrant that any Documents purchased by you are not for resale and that you are acting as principal only and not as agent for another party.

3.5 We 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 you provide when accessing or ordering from the Website.

3.6 The contract for the Documents and Services will be accepted at the time we process your order.

4. Prices

4.1 We charge £50 for your first will though discount vouchers may be applied. This fee includes one year of free revisions to your will. At the end of this year we will automatically charge you £5 per year for the continued ability to update your will.

4.2 All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Prices are inclusive of value added tax. Where we offer a delivery service the cost of delivery will be added to your order where you have elected to have the Documents printed, bound and posted to you.

4.3 The total price for Documents or Services ordered, including 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 by us.

5. Our Website

5.1 The 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.

5.2 We 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.

5.3 You 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.

6. Delivery

6.1 Where we offer a delivery service for Documents, all delivery periods quoted at the time of ordering are approximate only and may vary. Documents will be delivered to the address nominated by you at the time of ordering.

7. Your Data

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

7.2 You authorise us to use, store or otherwise process your personal information 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.

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

8. Cancellation and Returns - Documents

8.1 Due to the bespoke nature of the Documents you are not entitled to cancel your order or to return the Documents unless they are damaged upon receipt by you or the file cannot be opened or is corrupted when you try to download the Document. 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.

8.2 All refunds 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.

9. Cancellation of Services

9.1 You have the right to cancel your subscription of £5 per year without giving any reason.

9.2 To exercise your right to cancel you must notify us immediately by email to [email protected]. You must provide us with a clear statement of your decision to cancel this Service. We will communicate to you an acknowledgement of receipt of such cancellation by email without delay.

9.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

10. Effects of Cancellation:

10.1 If 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 of £50.

11. Cancelling by Us

11.1 Cancellation by Us: We may cancel or suspend your access to Documents or our Services if we consider that you have acted in breach of these Terms and Conditions.

12. Intellectual Property Rights

12.1 Ownership in, and all rights created in relation to the contents of this 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.

12.2 You 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.

12.3 Your Data: You 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 to you.

12.4 You 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.

12.5 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.

13. Linked Sites

13.1 There 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.

14. Complaints

14.1 We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to [email protected]

15. DISCLAIMER AND LIMITATION OF LIABILITY

15.1 FAREWILL LTD IS NOT A LAW FIRM AND IS NOT REGISTERED OR REGULATED BY THE LAW SOCIETY OF ENGLAND AND WALES. ANY USE OF OUR SERVICES OR THE WEBSITE DOES NOT CREATE OR CONSTITUTE A LAWYER-CLIENT RELATIONSHIP BETWEEN FAREWILL LTD OR ANY EMPLOYEE OF OR OTHER PERSON ASSOCIATED WITH FAREWILL LTD 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. WE CANNOT ACCEPT ANY RESPONSIBILITY TO YOU IF THE DOCUMENTS AND/OR SERVICES YOU PURCHASED FROM US ARE NOT LEGALLY CORRECT FOR YOUR SITUATION.

15.2 WE USE OUR BEST ENDEAVOURS 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. THE 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.

15.3 GUIDANCE 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. A FAILURE TO DO SO WILL RESULT IN AN INVALID AND UNENFORCEABLE DOCUMENT.

15.4 FUTURE 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.

15.5 WE 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 AND PAID 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.

15.6 THE 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 OR SERVICE AS IT MAY NOT BE SUITABLE.

15.7 WE ACCEPT NO LIABILITY AND OFFER NO WARRANTY WHATSOEVER FOR DOCUMENTS WHICH ARE MADE AVAILABLE TO YOU TO DOWNLOAD FROM THE WEBSITE FREE OF CHARGE.

15.8 GREAT CARE HAS BEEN TAKEN TO ENSURE THAT THE INFORMATION AVAILABLE ON THIS WEBSITE IS CORRECT AND ERROR FREE. WE APOLOGISE FOR ANY ERRORS OR OMISSIONS THAT MAY HAVE OCCURRED. WE CANNOT WARRANT THAT USE OF THE WEBSITE WILL BE ERROR FREE OR FIT FOR PURPOSE, TIMELY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE WEBSITE AND WE DO NOT MAKE ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED, RELATING TO FITNESS FOR PURPOSE, OR ACCURACY.

15.9 WE 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. WE CANNOT ACCEPT ANY LIABILITY FOR ANY LOSS, DAMAGE OR EXPENSE, INCLUDING ANY DIRECT OR INDIRECT LOSS SUCH AS LOSS OF PROFITS, TO YOU HOWSOEVER ARISING. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY OR DEATH ARISING AS A DIRECT RESULT OF OUR NEGLIGENCE.

15.10 WE DO NOT ACCEPT ANY LIABILITY FOR ANY DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, VIRUSES OR OTHER CONTAMINATION OR DESTRUCTIVE PROPERTIES TRANSMITTED TO YOU OR YOUR COMPUTER SYSTEM VIA OUR WEBSITE.

15.11 WE SHALL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN DELIVERING DOCUMENTS OR PROVIDING OUR SERVICES WHERE SUCH FAILURE ARISES AS A RESULT OF ANY ACT OR OMISSION WHICH IS OUTSIDE OUR REASONABLE CONTROL SUCH AS AN ACT OF GOD OR THOSE OF THIRD PARTIES.

15.12 WE SHALL NOT BE HELD LIABLE FOR ANY MISREPRESENTATIONS OTHER THAN FRAUDULENT MISREPRESENTATIONS.

15.13 THE DOCUMENTS AND SERVICES ARE PROVIDED FOR PRIVATE DOMESTIC AND CONSUMER USE ONLY. ACCORDINGLY, WE DO NOT ACCEPT LIABILITY FOR ANY INDIRECT LOSS, CONSEQUENTIAL LOSS, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF DAMAGE TO PROPERTY AND/OR LOSS FROM CLAIMS OF THIRD PARTIES ARISING OUT OF THE USE OF THE WEBSITE OR FOR ANY DOCUMENTS PURCHASED FROM US.

15.14 WE 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 EXTREMELY UNLIKELY EVENT OF A BREACH IN OUR SECURE COMPUTER SERVERS OR THOSE OF THIRD PARTIES.

16. General

16.1 We may subcontract any part or parts of the Services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.

16.2 We may alter or vary the Terms and Conditions, and the Privacy Policy at any time without notice to you.

16.3 The Terms and Conditions together with the 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 this Agreement. 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.

16.4 If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

16.5 These Terms and Conditions and our Agreement 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.

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

16.7 It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.

September 2016.