Access to this Site and Changes
1. Access to and use of the onlinewill.co.uk website (“this Site“) is provided
by us subject to these Site Terms. “We” Online Will Ltd, a company
registered in England with registered number: 12690110, whose registered office
is at Online Will Ltd, 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ
2. Please read these Site Terms, the Cookies Policy, the Copyright Notice and
our Terms and Conditions with care. We recommend that you print out the Site
Terms, Cookies Policy, Copyright Notice and our terms and conditions from this
Site by clicking on the print icon on your browser and keep them for future
reference especially if you intend to order products and services from this
3. Your use of any part of this Site or your order of any products or services
on this Site constitutes your acceptance of these Site Terms which takes effect
on the date on which you first use this Site. If you do not agree with these
Site Terms, you should cease using this Site immediately.
4. We reserve the right to change these Site Terms, the Cookies Policy or our
Terms and Conditions at any time without notice to you by posting changes
on-line. You are responsible for regularly reviewing information posted on-line
to obtain timely notice of such changes. Your continued use of this Site after
changes are posted constitutes your acceptance of the amended Site Terms,
5. You are responsible for bringing these Site Terms to the attention of all
persons accessing this Site through your Internet connection.
6. You must not interfere with another person’s use of this Site or otherwise
act in a way that negatively affects another person’s use of this Site.
7. You shall not use this Site in any way which in any respect:
7.1 is in
breach of any law, statute, regulation or byelaw of any applicable
fraudulent, criminal or unlawful;
inaccurate or out-of-date;
be obscene, indecent, pornographic, vulgar, racist, sexist, discriminatory,
offensive, harmful, harassing, threatening, embarrassing, malicious,
abusive, hateful, menacing, defamatory, untrue or political;
impersonates any other person or body or misrepresents a relationship with
any person or body;
infringe or breach the copyright or any intellectual property rights or
privacy or other rights of us or any third party;
be contrary to our interests; or
involves your use, delivery or transmission of any viruses, unsolicited
e-mails, trojan horses, trap doors, back doors, easter eggs, worms, time
bombs, cancelbots or computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information.
8. You shall fully and promptly indemnify us against all damages, proceedings,
claims, demands, liabilities, losses, charges, costs and expenses which we may
suffer or incur as a result (direct or indirect) of any breach by you of any
obligation on you under these Site Terms or any other terms and conditions or
Availability of This Site, Security and Accuracy
9. Whilst we endeavour to make this Site available 24 hours a day, we will not
be liable if for any reason this Site is unavailable at any time or for any
period. We make no warranty that your access to this Site will be uninterrupted,
timely or error-free. Due to the nature of the Internet, this cannot be
guaranteed. In addition, we may occasionally need to carry out repairs,
maintenance or introduce new facilities and functions.
10. Access to this Site may be suspended or withdrawn to or from you personally
or all users temporarily or permanently at any time and without notice. We may
also impose restrictions on the length and manner of usage of any part of this
Site for any reason. If we impose restrictions on you personally, you must not
attempt to use this Site under any other name or user.
11. We do not warrant that this Site will be compatible with all hardware and
software which you may use. Although we may put in place security measures for
your protection, we shall not be liable for damage to, or viruses or other code
that may affect, any computer equipment, software, data or other property as a
result of your access to or use of this Site or your obtaining any material
from, or as a result of using, this Site. We shall also not be liable for the
actions of third parties in breaching any security measures.
12. We may change or update this Site and anything described in it without
notice to you.
13. Whilst we endeavour to ensure that information and materials on this Site
(including without limitation details about our services) are correct, no
warranty, guarantee, representation, condition or other term (whether express or
implied by statute, common law or otherwise) is given that they are complete,
accurate or up-to-date and we do not accept any liability for any errors or
omissions. If you place orders as a result of using this Site, you are
responsible for ensuring that your orders contain all necessary and accurate
14. The contents of this Site are intended for convenience only. Nothing on this
Site shall constitute advice specific to your circumstances or a recommendation.
We do not suggest that any product or service mentioned on this Site is either
available to you or complies with laws outside of England.
Our supply of products or services
15. If you order a Will or Wills from the Site, our Terms and Conditions will
apply to your order.
16. As between you and us, you acknowledge that we or our suppliers own the
legal and beneficial interest in the copyright and other intellectual property
rights in the Will and the Will Generation Software.
17. We grant to you a non-exclusive, personal, non-assignable, non-sublicensable
licence to use the Will Generation Software for the purposes of generation of
your Will(s) using this Site and to use, copy, store and disclose the Will(s)
from the date of delivery by us to you for the sole non-commercial purpose of
recording your wishes, subject to the following conditions:
may amend the Will(s) for your own use, but this is at your own risk;
shall not use the Will(s) or any material derived from it on a website or on
any public transmission;
may save the Will(s) to your local hard drive only, and may make an
additional copy for archiving or back-up purposes and print one copy for
your own use, but not for sharing with any unauthorised people or over a
network in which unauthorised people may have access;
must not, without our prior written consent, make available, copy,
reproduce, retransmit, disseminate, sell, license, distribute, publish,
broadcast or otherwise circulate the Will(s) for any commercial purposes or
in any way other than as expressly permitted by us;
must not use the Will(s) in any way which may harm our interests or may be
detrimental to your reputation; and
will promptly inform us in writing or electronically and upon our request
(your reasonable costs to be paid by us) you will fully assist us in the
event that you become aware of any infringement or suspected infringement of
our or our supplier’s intellectual property rights in or relating to the
Will(s) or the Will Generation Software or any claim that any of the same
infringes the rights of any third party.
Our liability to you
18. We do
not exclude or limit our liability for:
death or personal injury caused by our negligence; or
fraudulent misrepresentation, misrepresentation as to a fundamental matter,
or to any other representations that it would be unreasonable in law to
breach of the obligations implied by Section 12 Sale of Goods Act 1979 or
Section 2 Supply of Goods and Services Act 1982; or
other liability which cannot be excluded or limited by applicable law.
Subject to the rest of these Site Terms and to the extent possible by law or
otherwise, in all cases other than in respect of the products or services we
supply for a fee, we shall not be liable for any:
a) indirect or consequential losses, damages, costs or expenses;
b) loss of actual or anticipated profits;
c) loss of use of money;
d) loss of revenue;
e) loss of goodwill;
f) loss of reputation;
g) loss of business or contracts;
h) loss of operation time;
i) loss of opportunity; or j) loss of or damage to data; suffered by any user of
this Site whether or not such losses were reasonably foreseeable or we had been
advised of the possibility of you incurring such losses, arising from the use of
or inability to use this Site, or any material contained in it or accessible
from it, or from any action or decision taken as a result of using this Site or
any such material. For the avoidance of doubt, this paragraph 16 applies whether
such losses are direct, indirect, consequential or otherwise.
Where any court or arbitrator determines that any part of clause 5 above is, for
whatever reason, unenforceable the seller will accept liability for all direct
loss or damage suffered by the buyer but in an amount not exceeding £3M.
19. The OnlineWill.co.uk name and logos and all other brands, names, logos,
marks and slogans on this Site are the trademarks or service marks of us or our
Third Party Websites
Although we have sought to carefully select any site to which a link from this
Site exists, we have no control over and accept no responsibility for the
content of such linked sites. The links are provided “as is” with no warranty,
guarantee, representation, condition or other term (whether express or implied
by statute, common law or otherwise) for the information provided within such
You must not without our permission frame any of this Site onto your own or
another person’s website. You are not permitted to provide a link from your
website to the home page of this Site without our permission. If we find any
such link, we reserve the right to ask you to remove it immediately or we may
remove it immediately.
You agree to be bound by the Copyright Notice and Cookies Policy currently in
If any of these terms should be determined to be illegal, invalid or otherwise
unenforceable by reason of the laws of any state or country in which these terms
are intended to be effective, then to the extent and within the jurisdiction
which that term is illegal, invalid or unenforceable, it shall be severed and
deleted and the remaining Site Terms shall survive, remain in full force and
effect and continue to be binding and enforceable.
If you want
to contact us for any reason, please contact us by e-mail via the website onlinewill.co.uk.
English law and jurisdiction
These Site Terms shall be governed by and construed in accordance with English
law. You submit to the non-exclusive jurisdiction of the English courts to
settle any dispute which may arise under these Site Terms. We shall also have
the right to bring a claim against you in the jurisdiction in which you are
We have used our best endeavours to ensure that our supply of the products and
services on this complies with English laws. However, we make no representations
and give no warranties that the products and services are appropriate or
available for use in locations outside of England and Wales. Anyone who orders a
product or service from this Site does soon their own initiative and is
responsible for compliance with all applicable laws. If ordering the products or
services from this Site is contrary to or infringes any applicable law in your
jurisdiction, you should not make the order.
The name and contact details of our organisation
If you wish to contact us about any privacy matter you should use the following
Online Will Ltd
71-75 Shelton Street
Covent Garden, London
The purposes of collection and processing data
We are a data processor and data controller. This means that we will collect,
hold and process personal data. Our purpose for doing do is in order to deal
with your legal matter.
What is the lawful basis for the processing?
Our lawful basis used for processing your data is usually that it is in our
‘legitimate interest’. This means that the collection and processing of personal
data is necessary in order to properly progress and conclude your matter. We may
also need to use your data in order to meet our legal obligations regarding
money laundering. We may further ask for your consent to hold special categories
of data. We will only process your data within the UK.
What kind of personal data do we collect and do you have to provide it?
We are unable to provide you with our services if you do not provide certain
information that we request from you. We do not intend to collect data that we
do not require in order to deal with your matter. If you do not wish to provide
a specific piece of data then our system may prevent you from completing your
Will. Typically we require the following data but this list is not exhaustive
and it may not apply to every matter: -
Your name, address, and contact details such as email and telephone numbers –
This is so that we can verify your identity, contact you regarding your matter
and use the data in any way that is necessary to progress your matter;
Your date of birth, nationality, gender and age – These may be required for the
completion of forms or it may be held by us as a result of holding your identity
Passports, driving licences, utility bills, bank statements and similar
documents – We require these in order to formally verify your identity and
Bank and financial details – We require these in order to process payments and
where financial details may be relevant to your matter;
Information regarding your employment or business – If these are necessary in
your particular matter.
More broadly we may use your data to: -
Complete your legal matter in accordance with your instructions and the
requirements of the law;
To follow guidance and best practice in our industry;.
For management and auditing of our business operations including accounting and
For direct marketing communications regarding our own services;
To provide personalised content and services to you, such as tailoring our
products and services;
To comply with legal and regulatory obligations, requirements and guidance;
To provide insight and analysis of our customers for improvement purposes;
How do we collect personal data?
The data we will hold will be collected directly from you. You are responsible
for the accuracy of the data that you input into our system.
The recipients of the personal data
We will only share you data with a third party in the event that it is necessary
for the conduct of your matter or if it is a legal requirement.
The retention periods for personal data
We will retain your data for 56 calendar days from its collection.
you do if your personal information changes?
relevant personal information about you changes during the course of us dealing
with your matter you will be able to amend your document. The accuracy of any
data contained in your Will is your responsibility.
The rights available to individuals in respect of the data processing
Here is a list of the rights that all individuals have under data protection
laws. They do not apply in all circumstances. If you wish to use any of them
please contact us and we will explain at that time if they are engaged or not.
The right of data portability is only relevant from May 2018.
The right to be informed about the processing of your personal information
The right to have your personal information corrected if it is inaccurate and to
have incomplete personal information completed
The right to object to processing of your personal information
The right to restrict processing of your personal information
The right to have your personal information erased (the “right to be forgotten”)
The right to request access to your personal information and to obtain
information about how we process it (‘Subject Access Request’)
The right to move, copy or transfer your personal information (“data
portability” meaning that we will be able to provide your data in a commonly
acceptable electronic format such as a .doc, pdf or .xls document)
Rights in relation to automated decision making which has a legal effect or
otherwise significantly affecting you
The right to lodge a complaint with a supervisory authority.
If you have been asked to specifically consent to us holding certain data about
you, you can withdraw that consent at any time by contacting us using the
details provided in this document and clearly stating your request.
If you wish to make a Subject Access Request please contact us using the details
provided at the beginning of this document and we will process your request in
line with our procedures. Please be aware that we will need to verify your
identity as part of this procedure.
We regularly review and, where necessary, update our privacy information. If we
plan to use personal data for a new purpose, we will update our privacy
information and communicate the changes to individuals before starting any new