Which? Wills Terms & Conditions
1 Information about us
1.1 These terms and conditions govern your use of the Which? Legal
Service Wills website at www.whichwills.com
('our website'). Which? Legal Service is part of Which?
Limited.
1.2 Please read these terms and conditions carefully before you start to use our website. By using our website or purchasing a Will from us, you confirm that you accept these terms and conditions of use and that you agree to abide by them.
1.3 Which? Limited is a limited company registered in England & Wales under company number 00677665 and has its registered office at 2 Marylebone Road, London NW1 4DF. Its VAT registration number is GB238534158.
1.4 The following terms have the following meanings:
"Documentation" means any ancillary documentation
provided with the Will, which includes signing instructions,
commentary and a Memorandum of Wishes template.
"Service" means the online document assembly and
drafting system provided on our website and the accompanying
telephone support service provided by Blake Lapthorn
solicitors.
"Which?", "we", "us", or "our" refer to Which?
Limited, its officers, representatives, agents and
contractors.
"Will Interview Questionnaire" means the on-line
questionnaire completed by you as part of the Service producing
your Will.
"Will" means the will produced and purchased by
you as a result of using the Service.
"you" means you, the user of this site and/or the
Service. In the case of mirror wills both persons who produce
a Will will be considered 'you' for the purpose of these terms and
conditions and will be held jointly and severally liable.
Which? at its absolute discretion can change any prices at any
time. Prices charged will be those confirmed to you at the
time of purchase.
2 Accessing our website
2.1 Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service or any other information we provide on our website without notice. We will not be liable if, for any reason, our website is unavailable at any time or for any period.
2.2 Which? tries to meet Worldwide Web Consortium standards of accessibility, but cannot guarantee that our website will be compatible with all hardware, software or assistive technologies that may be used by you.
2.3 If you want to report an error or have any questions concerning our Service have a look at our frequently asked questions or contact us at WhichWills@which.co.uk
2.4 When you start to use the Service, we will provide you with a username (which will be your email address) and a password as part of our security procedures. You must treat such information as confidential. Do not disclose it to any third party. You will be able to access your Will Interview Questionnaire online for two weeks from the date you started to use the Service. After this time, your password will expire and your Will Interview Questionnaire will be deleted. If you still want to produce a Will you will have to restart the Service and a new password will be issued.
2.5 If you supply information on the Will Interview Questionnaire about another person or other people you hereby confirm that you have their permission to let Which? have their details and for it to be used in the production of your Will. Their details will only be used in connection with the Service.
3 Information we collect about you
We process information about you in accordance with our privacy
policy. Our privacy policy forms part of these terms and conditions
and contains details on the types of information we collect, what
we do with that information and other related matters such as
cookies.
4 The Service
4.1 The Service does not provide legal advice. It is only
appropriate if you meet the requirements as listed at /our-services/make-a-will/make-your-online-will
are over 18 years old, do not have complicated legal requirements
and have your permanent home in England or Wales. If you do not
meet the listed criteria, or have any doubts about your
suitability, we advise you not to use the Service and to seek
professional legal advice.
4.2 The Will is prepared in accordance with the laws of England and
Wales and is not suitable for use in, or for assets situated
outside this jurisdiction.
4.3 Which? reserves the right in its absolute discretion to refuse
to process any submitted Will Interview Questionnaire or prepare
your Will. In such cases we will refund any payment made by
you.
4.4 The Service uses software for the assembly and drafting of a
Will based on the answers you have given in your Will Interview
Questionnaire. Your Will will therefore be generated
automatically to reflect the answers you have given. You alone are
responsible in ensuring that the answers and information you
provide are correct and accurate, and warrant this to be the
case.
4.5 When using the telephone support service you must have your
Will Interview Questionnaire visible on screen or printed
out. The solicitors will advise you on the preparation of the
Will and will exercise reasonable care in the provision of this
service. If any alterations are made to the Will by the
solicitors as a result of your conversation, they will let you
know. It is your responsibility however to check the
Will fully and carefully upon receipt to ensure any amendments
comply with your instructions and the Will is correct.
4.6 Your Will and Documentation will be delivered in electronic
format to the email address you have provided to us. You will
receive an automatic acknowledgement when we receive your Will
Interview Questionnaire. If you have not received your Will
and Documentation within 10 working days from submitting your Will
Interview Questionnaire please contact us at WhichWills@which.co.uk
4.7 The Documentation emailed to you with your Will includes
instructions for signing the Will. These instructions must be
adhered to.
4.8 You have the right to cancel your Will at any time prior to the
electronic delivery of your Will. In such circumstances we
will refund any charge in full. Once your Will has been
electronically delivered to you, this right of cancellation
expires.
5 Intellectual property rights
5.1 We are the owner or the licensee of all intellectual property
rights in our website, its contents (including any computer
software) and in the content published on it.
5.2 These intellectual property rights include, without limitation, copyright, trademarks, the underlying software, the design, graphics, layout, look and feel and structure of our website, database rights, design rights, domain names and rights to goodwill and/or to sue for passing off.
5.3 The trademarks, logos and service marks displayed on our website are registered and/or are common law trademarks of Which?, our affiliates, and various third parties. All intellectual property rights relating to our website are and remain the sole property of us and/or our licensors.
5.4 You may view, use, print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to content posted on our website (provided you do so in a manner not detrimental to Which?).
5.5 Commercial use of our content is not permitted. Other than as stated in this clause the redistributing, republishing, copying, adapting, modifying or otherwise making content on this website available to third parties is strictly prohibited.
6 Accuracy of the content on our website and our liability to you
6.1 The information provided on our website (excluding the Service) is given 'as available' and 'as is', in good faith and for general information and interest only. It is subject to change without notice. We make every effort to ensure that the information on our website is correct but we cannot guarantee that it is free of inaccuracies, errors and omissions.
6.2 We do not provide any financial advisory or investment advice on our website and nor can we accept any responsibility that your Will is the most appropriate having regard to your unique circumstances. The Service does not involve gathering information on your assets or personal, financial or property circumstances nor does it provide any advice regarding succession planning, your legal duties and responsibilities to family and dependants, trusts, taxation or the suitability, effectiveness and consequences of gifts in your Will.
6.3 We do not accept liability for direct or indirect losses sustained by you arising out of transactions or arrangements you enter into with any third party named, referred to or linked to on our website. If you access other sites using the links provided, we cannot be responsible for the content of those sites or for the way in which they deal with you or use any information including personal data that they might acquire about you.
6.4 Which? accepts no liability or responsibility whatsoever for any direct or indirect loss connected with:
(i) the disposal of assets situated outside England &
Wales;
(ii) any loss caused should the Will be lost or delayed in any
email transmission;
(iii) any loss caused by any computer virus transmitted to you from
the Service;
(iv) any loss caused by your non-compliance with these terms and
conditions and any other instructions provided to you by Which? or
through the course of the Service;
(v) any loss caused by any additions or amends you make to Will
after completion of the Service;
(vi) any inaccuracies, errors, omissions, and/or false
statements in the information that your provide in your Will
Interview Questionnaire or otherwise in relation to the Service;
or
(vii) any loss whatsoever arising out of a failure to fully observe
and implement the detailed instructions for execution of your
Will.
6.5 If notwithstanding clause 6.4, we are held liable to you by
a court of competent jurisdiction for losses arising out of our
breach of these terms and conditions and/or our negligence in
relation to your use of our website and the Service, you agree that
our liability to you is capped at £100,000 (one hundred thousand
pounds).
Nothing in these Terms and Conditions shall be deemed to exclude or
limit any party's liability for negligence causing death or
personal injury or for fraud.
6.6 You and/or the personal representatives of your estate will fully indemnify and hold harmless Which? from and against any and all losses, claims, damages, costs, charges, expenses (including reasonable legal expenses), liabilities, demands, proceedings and actions to the extent that these arise out of, or are in relation to a breach by you of these terms and conditions, or any claim made by a third party in connection with your Will.
7 Third Party
Your assets and obligations arising under these Terms and Conditions are personal to you and you may not assign or otherwise transfer fees to any other person. No person other than you (such as any beneficiary of the Will) has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
8 Legal Notices
8.1 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.
8.2 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.
9 Force Majeure
Which? 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.
10 Recording Calls
We may record telephone calls to enable Which? to monitor quality standards and for training purposes.