Site Terms of Use ("Site Terms")

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 Site.

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, Privacy Policy or our terms of business. 

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 jurisdiction;
  • 7.2 is fraudulent, criminal or unlawful;
  • 7.3 is inaccurate or out-of-date;
  • 7.4 may be obscene, indecent, pornographic, vulgar, racist, sexist, discriminatory, offensive, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
  • 7.5 impersonates any other person or body or misrepresents a relationship with any person or body;
  • 7.6 may infringe or breach the copyright or any intellectual property rights or privacy or other rights of us or any third party;
  • 7.7 may be contrary to our interests; or
  • 7.8 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 privacy policy governing this Site. 

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 information.

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:

  • 17.1 you may amend the Will(s) for your own use, but this is at your own risk;
  • 17.2 you shall not use the Will(s) or any material derived from it on a website or on any public transmission;
  • 17.3 you 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;
  • 17.4 you 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;
  • 17.5 you must not use the Will(s) in any way which may harm our interests or may be detrimental to your reputation; and
  • 17.6 you 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:
  • 18.1 death or personal injury caused by our negligence; or
  • 18.2 our fraudulent misrepresentation, misrepresentation as to a fundamental matter, or to any other representations that it would be unreasonable in law to exclude; or
  • 18.3 our breach of the obligations implied by Section 12 Sale of Goods Act 1979 or Section 2 Supply of Goods and Services Act 1982; or
  • 18.4 any 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.

Trade Marks

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 licensors. 

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 sites. 

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. 

Copyright notice and Privacy Policy

You agree to be bound by the Copyright Notice and Cookies Policy currently in force. 

Severability

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. 

Contacting us

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 based.

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.

Privacy Statement

The name and contact details of our organisation

If you wish to contact us about any privacy matter you should use the following details:-

Online Will Ltd

71-75 Shelton Street

Weymouth

Covent Garden, London

WC2H 9JQ

Email: hello[AtSymbol]onlinewill.co.uk

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 documents;

Passports, driving licences, utility bills, bank statements and similar documents – We require these in order to formally verify your identity and address;

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 debt collection;

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.

What should you do if your personal information changes?

If any 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 processing.