Terms & Conditions

 

THESE TERMS AND CONDITIONS RELATE ONLY TO USERS OF OUR ONLINE WILL-MAKING SERVICE

In these terms and conditions:

(a) “You means the individual using the Deborah Wilkinson and Co Ltd Will writing service (“the Service”)
(b) “Will Interview Questionnaire” means the Deborah Wilkinson and Co Ltd on-line questionnaire completed by You
(c) “the Site” means the Deborah Wilkinson and Co Ltd website

The Service

1. The Service is only appropriate if You:

are domiciled in England or Wales
are over 18 years of age
are able read, write and see
understand the English language
understand the nature and purpose of making a Will

Deborah Wilkinson and Co Ltd accepts no responsibility for verifying your identity or any of the above.

2. You can only use the Service to make your Will.

3. Deborah Wilkinson and Co Ltd reserves the right to refuse to process any submitted Will Interview Questionnaire or prepare any Will at its absolute discretion.

4. Deborah Wilkinson and Co Ltd shall prepare your Will in reliance upon the information provided by You in your completed Will Interview Questionnaire and will not be liable for any inaccuracies, errors, omissions, or otherwise and You or your Estate agree to indemnify Deborah Wilkinson and Co Ltd in respect of any claim in respect arising there from.

5. Deborah Wilkinson and Co Ltd will post your Will to You at the address in the UK provided by You by First Class Post and will use its best endeavours to do so within five normal working days of receipt from You of your completed Will Interview Questionnaire.

6. Deborah Wilkinson and Co Ltd will accept written cancellation of the Will making request within 14 days of Your receipt of the Will. We will credit Your credit card via PayPal. However, this only applies where You have returned the unopened Will envelope with the written cancellation.

7. Deborah Wilkinson and Co Ltd will provide with the Will detailed instructions for execution of the Will which must be strictly adhered to and Deborah Wilkinson and Co Ltd accepts no liability for any loss whatsoever arising out of a failure to fully observe such instructions. Should a beneficiary suffer a loss as a result of Your failure to follow the instructions, You or your estate will indemnify Deborah Wilkinson and Co Ltd in respect of any claim made by that beneficiary.

8. You are invited to return the executed Will to Deborah Wilkinson and Co Ltd for checking. Because of the remote nature of this method of making a Will, there are certain elements of the execution process Deborah Wilkinson and Co Ltd is unable to ensure are complied with. These are:

a) that the witnesses are over 18
b) that the witnesses are not married to a beneficiary (unless it is apparent from the content of the Will or completed Will Interview Questionnaire
c) that the witnesses saw you sign the Will
d) that you watched both witnesses as they each signed the Will

Should a beneficiary suffer a loss as a result of your failure to return the Will to Deborah Wilkinson and Co Ltd for checking You or your Estate agree to indemnify Deborah Wilkinson and Co Ltd in respect of any claim made against it by that beneficiary.

9. Deborah Wilkinson and Co Ltd accepts no responsibility for any loss caused by Your failure to execute the Will in good time or at all. Should a beneficiary suffer a loss as a result of Your failure to execute the Will in good time or at all, You or your estate agree to indemnify Deborah Wilkinson and Co Ltd in respect of any claim made against it by that beneficiary.

10. Deborah Wilkinson and Co Ltd will not review your Will from time to time or in the light of changes in the law or taxation. The responsibility for review is Yours.

Payment

11. Payment will only be accepted through the Paypal system by Credit Card in your name.

Limitation of Liability

12. Deborah Wilkinson and Co Ltd accepts no liability whatsoever for any loss caused by any computer virus transmitted to You from the Site.

13. Deborah Wilkinson and Co Ltd accepts no liability for any loss caused should the Will be lost or delay of any email transmission or should the Will be lost or delayed in the post.

14. Deborah Wilkinson and Co Ltd accepts no responsibility for the content of, advice given or goods or services offered by any website linked to the Site and accepts no liability for any loss incurred by You in respect of any such content, advice, goods or services.

Data Protection Notice

15. For the purposes of the Data Protection Act 1998, Deborah Wilkinson and Co Ltd confirm:

That Personal Data, as defined in the Act, will be collected and stored in electronic form.

The Personal Data entered in the questionnaire and contained in the Will, will be kept for a period of 12 years.

Personal Data will not be used for any purpose other than: –

– The preparation of the Will
– The monitoring of the service provided to Clients.
– Checking and comparing the names, addresses and other details of users to ascertain whether an individual, partnership or company is using this service for commercial purposes.

Personal Data will not be passed on to any Third Party except as follows: –

– To PayPay (or any other payment collection service as Deborah Wilkinson and Co Ltd shall from time to time appoint) for the purposes of obtaining payment for the Will. Such transfer of Personal Data will be limited to that data which is necessary to obtain payment.

16. Should You wish to request that Personal Data be deleted from Deborah Wilkinson and Co Ltd databases, or have any other queries about the Personal Data held, You should contact: –

Deborah Wilkinson and Co Ltd

e-mail: information@legacydirect.co.uk

Distance Selling Notice

17. For the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the following information is given:

a) Any queries or complaints should be addressed to: –
Deborah Wilkinson and Co Ltd (Postal Address Available on email request)
e-mail: information@legacydirect.co.uk
b) You have the right to cancel this contract any time within 14 days of receipt of the Will. However, because of the personal nature of the service, and the ease of copying, no cancellation of the contract will be accepted if the envelope containing the Will has been opened.
c) Cancellation must be made by sending the “Cancellation Notice” together with the unopened Will envelope, to Deborah Wilkinson and Co Ltd.
d) Although no charge will be made in respect of a cancellation, Deborah Wilkinson and Co Ltd reserves the right to recoup its costs of postage.

Intellectual Property Rights Notice

18. The contents of the Deborah Wilkinson and Co Ltd website are protected by copyright and must not be reproduced without the prior written permission.

Miscellaneous

19. Deborah Wilkinson and Co Ltd reserve the right to change these terms and conditions without notice.

20. The submission by You of a Will interview questionnaire constitutes acceptance of these terms.

21. Refunds will be made at Deborah Wilkinson and Co Ltd discretion.

Legal Notices

22. These Terms and Conditions are subject to the law of England and Wales and any disputes will be dealt with by the Courts of England and Wales.

23. Any provision of these Terms and Conditions which are declared void or unenforceable by any competent authority or court shall to the extent of such invalidity or unenforceability be deemed severable and the other provisions of these Terms and Conditions shall continue unaffected.

Force Majeure

24. Deborah Wilkinson and Co Ltd shall not have any liability whatsoever or be deemed to be in default for any delays or failure in performance under these Terms and Conditions resulting from acts beyond its control, including but not limited to acts of God, acts or regulations of any governmental or supranational authority, war or national emergency, terrorist activities, accident, fire electricity failure or power cuts or server malfunction.

Deborah Wilkinson and Co Ltd.
Registered Company Number: 4699028