Terms & Conditions of using the totallyFREEwills site
Terms and Conditions
These are the Terms and Conditions ("Terms") which govern the use of the totallyFREEwills Ltd website at www.totallyfreewills.co.uk ("the Site"). These terms contain important information about your position under applicable law and regulations when using the Site. Please read these Terms carefully.
These terms, as amended from time to time, and any other terms of business on the Site shall constitute the entire agreement between you and totallyFREEwills in relation to your use of and access to the Site. We reserve the right to change the terms at our discretion by changing them on the website.
If any other terms apply in respect of any other areas of the website, you will be made aware of the terms which apply to those particular areas.
By using this website you agree that you have read these terms and conditions and that you agree to them. If you do not agree to these terms and conditions or you are under age 18 you should not use this Website.
You may print off and keep a copy of these terms. They are a legal agreement between you and totallyFREEwills and can only be modified with our consent.
Introduction
This site is owned and operated by Totally Free Wills Ltd ("totallyFREEwills") of Warth Business Centre, Warth Road, Bury, Lancs BL9 9NB and provides Free information, documentation and Will-build to individuals, employers, private practice lawyers, charities and other professionals.
totallyFREEwills is a referral service which provides the online Will-build application and the panel solicitor is responsible for the provision of the will.
Certain areas on the Site are only available to registered users who have gone through the free registration process. Access to the rest of the site is free.
Intellectual Property and Ownership
You understand and agree that the totallyFREEwills.co.uk content is protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws.
You agree that the site and its content are for your sole use and benefit. You further agree not to utilise, transfer, or dispurse any content in any manner which might compete with the business of totallyFREEwills. You accept that the site is not to be used for the provision of legal advice or other professional advice.
You may retrieve and display site content on a computer screen or print individual pages on paper. You may store such pages in electronic form but must not store such information on a server or storage device.
totallyFREEwills is a trade mark and may not be used without the express written permission of totallyFREEwills.
Thoughts That Count is a registered trade mark and may not be used without the express written permission of totallyFREEwills.
TotallyFREEwills accepts no responsibility for procuring the necessary equipment or other charges necessary to access the Site.
Registration
In order to access certain areas of the site, you will need to follow a registration process and select a User ID and password. You will provide totallyFREEwills with certain necessary details, all of which must be both accurate, complete and up to date. It is your responsibility to update totallyFREEwills immediately with any changes to the information provided, by updating your personal details on the 'edit profile' section.
It is your responsibility to maintain the confidentiality of your email, user ID and password. You are further responsible for all pre-registered entry to member areas under your account. You will notify TotallyFREEwills Ltd immediately at info@totallyFREEwills.co.uk on becoming aware of any breach of security or unauthorised use of your account or password.
You agree that totallyFREEwills, its authorised employees and panel solicitors can access your account, to respond to support queries or technical issues or to fulfil the obligations under these terms.
Our communication with you will be via email. It is your responsibility to ensure that your 'spam' filters do not block emails from us and to act on any comments made - which will be given without liability.
totallyFREEwills or its panel solicitor in its absolute discretion may decline to provide you with the will.
At its sole discretion, by electronic notice, totallyFREEwills may terminate your password, account or use of the service and remove and delete any content stored, for any reason, and without limitation, if totallyFREEwills believes that you have acted inappropriately or violated the letter or spirit of these terms.
Links to external sites / third party content
Where this Site contains links or hyperlinks to other web sites provided by other third parties ("External Sites") totallyFREEwills shall endeavour to highlight such links although some external sites may be co-branded with totallyFREEwills. totallyFREEwills shall not be responsible for the availability or content of external sites and will not be a party to, or responsible in any way for, any arrangements regarding goods or services available from such external sites.
The Site may be used to introduce purchased wills to panel solicitors. Any such contracts will be exclusively between you and the panel Solicitor and totallyFREEwills shall not be responsible in any way for any costs, claims, damages or liability arising in relation thereto, even if the contract in question was entered into through the site.
The site may, from time to time, contain contributions from independent third parties as well as advertising and sponsorship. Each such third party, advertiser and/or Sponsor shall be responsible for all aspects of the material they submit and totallyFREEwills shall accept no responsibility for any errors or inaccuracies in any such material.
Data Protection
totallyFREEwills and you agree to comply with applicable data protection laws. Subject to the Privacy Policy, which forms part of these terms.
To provide you with products and services, we need to collect, utilise, share and store personal and financial information about you (’your information’). This includes information which we obtain from you or third parties, such as the panel solicitor, fraud prevention agencies or other organisations, which you or they give to us at any other time.
Where you provide personal details relating to others (such as dependants, family members, beneficiaries, guardians) you confirm that you have their consent or are otherwise entitled to provide this information to us and for us to use it in accordance with these terms.
We may record or monitor telephone calls and monitor electronic communications (including emails) between us so that we can check instructions and make sure that we are meeting our service standards. You understand that internet communications are not secure unless the data being transmitted is encrypted and that standard communications by email are not secure.
On submitting your data to us, you are deemed to have consented to the transfer of data relating to you to third parties in accordance with applicable law.
Fraud Prevention
To provide additional security and protection for all of our users, in all cases we carry out an identity check with an ID verification agency and keep a permanent record of this search.
If at any time false or inaccurate information has been provided and abuse of the system, passing-off or identity fraud is suspected or identified, details will be passed to the relevant authorities to investigate further.
totallyFREEwills may share information about you with:-
-other companies within the group;
-companies and organisations that provide services to us or are acting as our agents;
-anyone to whom we may transfer our rights and/or obligations under this agreement;
-any third party as a result of any restructure, sale or acquisition of any company within the group, provided that any recipient uses your information for the same purposes as it was originally supplied to us and/or used by us.
You may ask for a copy of the information we hold about you in writing to us. Please write to the Data Protection Office, totallyFREEwills, Warth Business Centre, Warth Road, Bury, BL9 9NB. You may be charged a fee, permitted by appropriate law and regulation, for this service.
Indemnities, Warranties and Representations
totallyFREEwills reserves the right at all times to monitor, review, retain, and/or disclose in good faith any information it believes in good faith that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of totallyFREEwills or enforce the terms and conditions.
If you make amendments to your legal document(s) after they have been checked by our panel solicitor, and then re-generate the documents whilst declining the opportunity to have one of our panel solicitors check the amended legal document(s), then you do so entirely at your own risk and we shall not in any way be liable for any consequences.
You accept that totallyFREEwills is not responsible for the provision of any advice in connection with the terms of your will or your personal circumstances and is under no duty to provide any advice to you.
You represent, warrant and undertake that:-
- (a) you have the capacity to enter into this agreement; (b) you are at least eighteen (18) years of age; (c) you will not infringe the copyright or any other intellectual property rights of totallyFREEwills; (d) you will comply fully with the terms; (e) you will not copy, reproduce, download, seek to replicate or exploit the site or any software which is proprietary to totallyFREEwills.
- You hereby agree to indemnify and hold harmless totallyFREEwills and keep totallyFREEwills fully and effectively indemnified on demand against all costs, claims, damages, liability and expenses (including any professional fees) which totallyFREEwills might suffer by reason of a breach by you of the terms and in particular any of the above representations.
For the avoidance of doubt, this indemnity shall extend to any losses which totallyFREEwills may suffer as a result of the use by third parties of your email, password and User ID except in circumstances where you can demonstrate to totallyFREEwills' satisfaction that such third party obtained the relevant details through no fault of your own.
Disclaimer and Limitation of Liability
The content on the site is provided by totallyFREEwills for your general information only, is provided on an "as is" basis and is not intended to cover all individual circumstances. In particular, the content does not constitute any form of advice or recommendation and should not be relied on in making (or refraining from making) any specific personal decision.
You should seek independent legal or other professional advice before making any such decisions. All arrangements made between you and any third party named on the site are at your sole risk and responsibility.
totallyFREEwills is not responsible for the verification of any of the information provided by you in the will application. For the avoidance of doubt, totallyFREEwills is not responsible for the verification of your identity, your testamentary capacity, the correct execution of your will or any future review of your will. The responsibility rests with you.
Once the will application has been forwarded to the panel solicitor, totallyFREEwills will no longer have any responsibility to you or owe you any duties in respect of the preparation, approval or execution of your will.
The law relevant to the documents and articles on the website is the law of England and Wales. They are not suitable for use in countries outside of England and Wales as the case may be.
totallyFREEwills makes no warranties or representations, whether express or implied, in relation to the site, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
totallyFREEwills also makes no warranty that the site will meet your requirements, be compatible with your browser or that your use of the site will be uninterrupted, timely, secure or error-free.
To the extent permitted by law, you agree that totallyFREEwills shall not be liable for any consequential or incidental damages (including but not limited to any financial loss) or for failure to meet any duties even if totallyFREEwills or its representatives have been advised of the possibility of such damages arising.
In the event of any damages arising out of your use of the site, you agree that such damages shall be limited to the total amounts paid by you to totallyFREEwills in the last month.
Exclusion of Liability
Neither we nor our suppliers or affiliates will be liable to you in contract, tort (including negligence) or otherwise for any indirect, consequential, special or incidental damage or loss arising from your use of or inability to use the website (including any of its contents) and/or any Legal Document, including (without limitation) loss of business or profits or anticipated savings, loss or corruption of data, loss caused by a virus, loss of or damage to property, claims of third parties, fines or penalties levied by any taxing or other authority or any other loss or damage.
In particular, neither we nor our suppliers or affiliates will be liable for any Inheritance Tax liability incurred by your Estate as a result of the interpretation of your Will by the appropriate Tax authorities.
Termination or Suspension of Service
It may be necessary to suspend access to the site for the purposes of maintenance or other reasons. Notice may or may not be given of suspension. Should totallyFREEwills cease the service totallyFREEwills will use all reasonable endeavours to give fair notice of termination of access to the site. Sufficient notice will be provided to allow completion of your will. Further you agree that totallyFREEwills shall not be liable to you or any third party for any termination or suspension of access to the site or modification of the service.
Document Storage
totallyFREEwills accepts no liability for the storage of your executed will. This remains the sole custody of the panel solicitor. We will not undertake responsibility for storing your will in a safe and secure place, or any cost incurred in doing so, nor insuring the will for the replacement cost in case of damage or loss.
Term and Termination
Without prejudice to the accrued rights of any party, these terms may be terminated at any time by either party without cause. You may terminate these terms by simply discontinuing your use of the site.
Site Alterations
totallyFREEwills reserves the right to modify, delete or change any aspect of the content, the interactive areas, the site and / or any of the technical specifications of any aspect of the same.
Force Majeure
totallyFREEwills shall have no liability for an event of Force Majeure, that is an event or set of circumstances that is or are outside the reasonable control of totallyFREEwills.
Severability
If any provision of these terms is held to be invalid or unenforceable, then the remaining provisions of the terms and of the paragraph in question shall remain in full force and effect.
Notices
Any notice which totallyFREEwills or you are required to give pursuant to these terms shall be made by e-mail, in the case of you, to the address provided on your will application and, in the case of us, to the address posted on the Site.
Waiver
No delay or omission on the part of totallyFREEwills in exercising any right, power or remedy under these terms shall impair or detract from such right, power or remedy or operate as a waiver thereof.
Law
These terms shall be governed by and construed in accordance with English law. By accessing the site, you agree to submit to the exclusive jurisdiction of the English Courts.
Paid for Wills rebate
totallyFREEwills will send you a cheque (or equivalent payment structure) for a total amount of £25 (incorporating V.A.T. at the applicable rate) following completion of your paid for Will, subject to the following terms: (1) You must within six months of the execution of the Will provide in writing a full copy of the invoice provided to you by the Panel Solicitor, and (2) The Panel Solicitor provides us with confirmation that they are in receipt of your full payment. Payment will then be made 14 days after compliance with the above terms.
Solicitors Introduction and Referral Code
totallyFREEwills Ltd complies with the Solicitors' Introduction and Referral Code published by the Law Society, and any solicitor to whom we may refer you is an independent professional from whom you will receive impartial and confidential advice. You are free to select another solicitor.
As amended by the Solicitors Introduction & Referral Code Amendment Provisions 1992, The Law Society, the solicitors' governing body, permits solicitors to make agreements with their introducing sources for referral work. Such agreements must comply with a code, known as the Solicitors Introduction and Referral Code, which contains strict rules to safeguard your interests as the customer. totallyFREEwills Ltd and the panel solicitor have entered into a formal agreement under the Solicitors Introduction & Referral code. totallyFREEwills is thus pleased to offer this Will referral service direct to its panel solicitors in return for a panel membership fee.
Solicitor/Client Relationship
A solicitor/client relationship exists between you and the panel solicitor as soon as the panel solicitor receives your Will application. The panel solicitor will provide you with additional information in his/her client care letter. The panel solicitor will clarify any Will instructions, communicate directly with you and is responsible for the preparation of your Will.
The panel solicitor will not be responsible for the verification of any of the information provided by you in the Will application. For the avoidance of doubt, the panel solicitor is acting on a proforma basis from the information you have entered online and is not responsible for the verification of your identity, the correct execution of your Will or any future review of your Will. The responsibility rests with you to review your Will every few years to ensure it meets with your circumstances at that time.