TERMS AND CONDITIONS OF USE

A. Acceptance of Terms and Conditions of Use
The Terms and Conditions of Use ("TACOU") are the only basis upon Willcraft Services Ltd of registered address Unit 1, 14 St. Clements Road, Parkstone, Poole, Dorset BH15 3PD and Company Registration Number 04923599 will supply you with access to the willcraft.co.uk website (hereinafter referred to as "the website") to assist you in writing your own Will and herein referred to as the "Service".

(In checking or leaving checked the box on the 'PURCHASE' page you agree to be bound by all Terms and Conditions of Use of the Service.)

By purchasing any services from the website you are entering into a contract the terms of which are described in these TACOU. If you do not agree to these TACOU, or you are under the age of 18, then you must not use or make a purchase from the website.

You may not make any changes to or modification of these terms.

B. Legal Documents Disclaimers and Limited Warranty
Services supplied through the website are subject to a number of conditions as described in this section. Your statutory rights are not affected.

Legal Documents
The website supplies functionality enabling you to produce Instructions for a Legal Document with a degree of customisation. Information and documentation supplied is to guide in the creation of Legal Documents but does not constitute legal advice.

Service Limitations
The functionality and information supplied for your use in generating your Instructions is unable to cover all individual circumstances. Should you be unsure on how such Instructions and Legal Document might affect you, we recommend that you obtain legal advice from our Client Services Department or a lawyer prior to signing the Legal Document. Any Legal Document produced by this site and executed without first obtaining legal advice or doing your own thorough legal research is done so entirely at your own risk, and you accept full responsibility should it prove to be unsuitable to your circumstances. Specialist legal advice should always be sought in relation to any particular circumstances.

Legal Jurisdiction
The Legal Documents generated by the service are designed to be suitable for the application of the law of English and Wales. If you live or have assets outside England and Wales then you execute any document purchased using this service entirely at your own risk. We will not normally process refunds for clients who have ignored or chosen not to read our comprehensive advice on this subject. All communication that we send to you will assume that you have read this notice.

Law Changes
Statutory changes and constant changes due to case-law and/or 'reinterpretation' of existing precedents, results in us not being able to guarantee that the Legal Documents or information will be up to date, complete or accurate.

Assistance
Should you encounter any technical problems using the service then you can seek assistance by contacting us using the 'Contact Us' link on our Home Page or by calling Client Services on the number provided. The reply should never be taken as containing any legal advice or opinions.

Limited Warranty
We represent and warrant to use our best efforts to:

1. Prepare and maintain the website's Legal Documents generation process with due care and skill.
2. Ensure the Legal Documents are reasonably fit for their stated purpose.
3. Review changes in the law and revise the website's Legal Document generation process accordingly.

C. Document Storage
If you use our Document Storage Service, we will:

1. Store your Document(s) in a safe and secure facility.
2. Insure the Document(s) for the replacement cost against theft, fire, and flooding.
3. Issue you with a Copy Document and write to your Executor to notify them of the documents' whereabouts.
4. Provide you with a Will Reference Number and contact Telephone Number for all probate queries during normal business hours.

You agree that for each Document you will:
» Check the documents to be placed in storage
» Insert the original Will and other documents
» Seal the envelope and sign the seal
» Send the envelope to us by recorded post

We will issue you with Instructions on how to perform the above tasks.

We will check the details of the signing of the Document(s) on receipt.

For your protection, we will only release the original Document:

1. To the family or Executors of the deceased on production of the original death certificate of the Testator and proof of ID. (current passport/drivers licence)
2. To you and at your home address upon written or online authorisation by yourself and payment of any appropriate fee.
3. To your nominated `Authorised Retriever(s)` at your home address upon written or online authorisation by them and payment of any appropriate fee and upon production of an original authorisation letter signed by yourself.

Your home address will be the address that we have in our database in your Will and/or Enduring Power of Attorney details. The maintenance and protection of this information from unauthorised access/update is your responsibility.

The Document(s) will be sent by registered delivery within 3 working days, and will (in the case of retrieval upon the death of the Testator) include an Executor Help Number.

D. 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.

You acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss that you may suffer in connection with our site and that we, therefore, cannot adequately insure against such liabilities.

Notwithstanding the foregoing, our liability (including that of our affiliates and suppliers) to you in respect of losses or damages arising directly or indirectly from your use of or inability to use the website (including any of its contents) and/or any Legal Document, irrespective of whether such loss or damage is based on contract, tort (including negligence) or otherwise, shall be limited, in relation to any one incident or series of related incidents, to the greater of (i) 125% of the amount paid by you for the Legal Document, or (ii) £1000.

Nothing in this Agreement limits our liability in relation to death or personal injury caused by our negligence.

E. Grant of Licence
You are granted a non-exclusive, not transferable licence by Willcraft Services Ltd to:

1. Print pages from this web site provided you do not remove or modify any copyright, notices, trade marks or other proprietary notices;
2. Bookmark any freely available page or link to it;
3. Use either Microsoft's Internet Explorer or Netscape's Navigator web browser to interact with the pages of the site

The above grants of licence form part of the user agreement. As such each is inextricably linked to your compliance with all other aspects of the TACOU.

F. Intellectual Property and Ownership
You acknowledge and agree that the willcraft.co.uk content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) design presented through and as part of the Service by willcraft.co.uk is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Specific examples of trademarks or trade names (and related logos) are Willcraft Services Ltd and willcraft.co.uk.

Such content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only and at all times used solely in connection with the Service in accordance with the TACOU.

G. Restrictions
Only uses of the service explicitly granted to you by the TACOU (or by Willcraft Services Ltd to you in writing) are allowed. All other uses are prohibited, including without limitation:

1. Any sale, licensing, rental or distribution of your access to this site.
2. Any publication, framing, reverse engineering or creation of derivative works from this site.

H. Fees and Payment
It is FREE for you to create a summary of your legal instruction using the service. If you complete a payment, in line with the Fees and payment procedure displayed on the site, you will be granting authority for Willcraft Services Ltd to generate the relevant legal document. This authority will be for a reasonable period to allow Willcraft Services Ltd. to generate the legal document. All fees and payments incorporate the relevant taxes.

I. No Right to Cancel
Once this Agreement has been concluded, you will have no right to cancel the contract and Refunds will be given at the discretion of the Company Management only, in accordance with Regulation 13 of the Consumer Protection (Distance Selling Regulations) 2000 ('Distance Selling Regulations').

In particular, if you decide to cancel your Document Storage Contract (if purchased) then although future payments will be cancelled the original payment(s) made will not be refunded.

J. Other Disclaimers
We are unable to guarantee that this site will be compatible with your browser or that your access will be uninterrupted.

Our Website incorporates hyperlinks to other websites. We make no representations or endorsements and accept no responsibility for the content or use of any such external site accessed through ours. You acknowledge that we have no control over the content on external sites we may link to.

Our communication with you - including the comments of a professionally qualified Willwriter on reviewing your legal document(s) - 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.

K. Member Privacy
You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all accessible activities that occur under your account. You agree to notify Willcraft Services Ltd immediately on becoming aware of any unauthorized use of your password or account or any other breach of security.

You agree that Willcraft Services Ltd and its authorised employees can access your account, including its contents as stated above, or to respond to support queries or technical issues or to fulfill the obligations under this Agreement. Willcraft Services Ltd 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 Willcraft Services Ltd or enforce the TACOU.

Your personal details provided to Willcraft Services Ltd will not be sold or otherwise distributed to third parties.

To learn more about how the Service deals with privacy then please see our Privacy Policy available via the 'Site Security & Privacy' link on our Home Page.

L. Service Suspension and Termination
You agree that Willcraft Services Ltd, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if Willcraft Services Ltd believes that you have violated or acted inconsistently with the letter or spirit of the TACOU.

It may be necessary to suspend access to the service for the purposes of maintenance or other reasons. Notice may or may not be given of suspension. Should Willcraft Services Ltd discontinue the service Willcraft Services Ltd will use all reasonable endeavours to give fair notice of termination of access to the Service. Either sufficient notice will be provided to allow completion of purchased legal documents or refunds associated with such documents will be paid. Further you agree that Willcraft Services Ltd shall not be liable to you or any third party for any termination or suspension of access to the Service or modification of the Service.

M. Impact of Invalidity
You understand and agree that if any provision of these TACOU is judicially declared to be invalid, unenforceable or void, such declaration shall not have the effect of invalidating or voiding the remainder of these TACOU, and the part or parts of these TACOU so held to be invalid, unenforceable or void shall be deemed to have been deleted from these TACOU, and the remainder of these TACOU shall have the same force and effect as if such part or parts had never been included.

N. Governing Law
These TACOU shall be governed in all respects by English Law and both parties submit to the exclusive jurisdiction of the English Courts.

O. Entire Agreement
These TACOU, together with the Privacy Policy, constitute the entire agreement between you and Willcraft Services Ltd in relation to your use of this website and its services, and supersedes any previous agreement, inducements or understanding between you and Willcraft Services Ltd.

P. Variations to these Terms and Conditions of Use
We reserve the right to vary these TACOU from time to time. Such variations will take effect immediately upon the posting of the varied Terms and Conditions upon the willcraft.co.uk website. In accepting these TACOU, you are deemed to accept such variations.

Q. Definitions
"You" means the legal person entering this Agreement (whether an individual, a company or any other legal entity), and includes anyone reasonably appearing to us to be acting with your authority or permission.

"We/Us" means Willcraft Services Ltd whose registered office is at Unit 1, 14 St. Clements Road, Parkstone, Poole, Dorset BH15 3PD and Company Registration Number 04923599