Bequeathed

Bequeathed Terms of Business

Please read these terms carefully as they set out the terms on which you are authorised to use Bequeathed.

Glossary
1. Certain words and expressions used in, and principles of interpretation applicable to, these terms are defined or set out in clause 19.
Commencement
1. This Licence begins on the date of your registration on our website or, where we provide Support over the telephone or video call to input your information into our website, at the time of that telephone or video call.
Licence

For so long as we operate Bequeathed you have our permission to use Bequeathed free of charge to enter the details through an online will interview (directly having registered on the site or indirectly with our Support) that are required by a Panel Legal Firm to advise you and send your will to you, and to communicate with our Panel Legal Firms, and otherwise for your domestic and private purposes only in accordance with these terms. There is no contract between us other than for the processing of certain personal data in accordance with clause 11.2 and the Processor Terms.

Panel Legal Firm Advice

When you complete your online will interview (directly or with our Support), we will transfer your interview questions and answers and the draft will our system has created from those answers to one of our Panel Legal Firms for that firm to advise you, and the contact details you provide to us for that purpose.
The fact that we transfer your draft will or interview questions and answers to one of our Panel Legal Firms does not mean that the firm has accepted you as a client or undertakes responsibility to advise you. In order to receive advice from one of those firms, you must enter into a contract with that firm.
At its discretion and subject to you accepting the firm's terms and conditions, the Panel Legal Firm shall offer you a free appointment of up to 30 minutes.
If, in the professional opinion of the Panel Legal Firm, your needs are straightforward and the draft will system-generated through Bequeathed from your answers meets those needs without change, then it will, at no cost, complete and send the will to you, invite you to return the executed will, and (if you return it), check the will has been executed correctly and store the will securely. The Panel Legal Firm may, at its discretion, make minor changes within the free 30 minutes.
If, in the professional opinion of the Panel Legal Firm, additional advice beyond what it can deliver in 30 minutes will be in your best interests, then it will communicate to you the additional work it proposes, the benefits and the costs.
For the avoidance of doubt, additional advice will be necessary if you have complex family circumstances (including where life interest trusts or discretionary trusts are required), multiple properties, business assets or foreign property, or need inheritance tax advice
If you choose the additional services, you will be responsible for the cost.
If you choose not to purchase the additional services, but the Panel Legal Firm is nonetheless satisfied that the draft will created by our system from your interview answers adequately caters for your needs, then the Panel Legal Firm shall send you the free will as 4.4 above.
If, in the professional opinion of the Panel Legal Firm, the draft will system-generated through Bequeathed does not adequately cater for your needs, and you are not prepared to pay for the additional advice or services necessary, then the Panel Legal Firm shall be under no obligation to provide a free will to you.
The Panel Legal Firm will communicate to you why it is unwilling to send the draft will to you. You may, if you wish, then use our complaints process below.
If you have any complaint or claim in respect of the legal service provided by one of our Panel Legal Firms, you must deal with the firm because we undertake no responsibility or duty to you in respect of the services provided by the Panel Legal Firms.
Where we do not have a Panel Legal Firm available to advise you or if you prefer, our own Bequeathed legal team will conduct the free appointment of up to 30 minutes and provide your free will to you subject to the terms of the separate contract that will be sent to you as part of the appointment booking process.

Responsibilities and Our Liability
1. Subject to clause 5.3, we take responsibility for Bequeathed and the Support we provide to you and you take responsibility for your answers to the online interview conducted when you use our system yourself or with our Support.
2. We do not provide legal advice or assistance other than under the terms of the separate contract referred to above at 4.12, nor do we undertake a duty of care or responsibility or provide any assurance of quality to you or anyone else in relation to the will you receive from a Panel Legal Firm. We disclaim and exclude all liability in connection with the will you receive from the Panel Legal Firm except to the extent our duties, responsibilities or liabilities cannot be excluded or limited by law.
3. Subject to clause 5.4, if you are a Professional User, we exclude all liability to you for all loss, damage, cost and expense incurred or sustained by you arising from or in connection with the provision and operation of Bequeathed, and your use or reliance on Bequeathed.
4. Where you are one of our Panel Legal Firms, nothing in clause 5.3 affects our liability to you under our separate services agreement.
Use of Bequeathed

is protected by copyright. Except for the grant of the Licence, all our rights are reserved.
The Bequeathed name, the Will For Good concept and associated logos are our trademarks.
Bequeathed may not be used to:
1. impersonate any person or falsely state or otherwise misrepresent yourself, or your relationship with any person or organisation
2. use or attempt to use the account of any other user without the consent of that user or our prior written authorisation;
3. upload, publish or display any personal or confidential information of any person or organisation without their prior consent;
4. upload, share or otherwise make available any material that contains viruses or malware;
5. upload, share or otherwise make available any material which may be defamatory, illegal, discriminatory in any way, of a sexual nature or otherwise offensive or harmful to other users of Bequeathed or others;
6. upload, share or otherwise make available any material which is deliberately misleading or fraudulent; or
7. intimidate or harass any person or organisation.
We may remove from Bequeathed any material that we consider to be in breach of clauses 6.3.3 to 6.3.6.
We use cookies on Bequeathed. For further information on how we use cookies see our Cookies Policy.

Technical issues

We do not offer any assurance that Bequeathed will be compatible with your computer.
On occasion Bequeathed may not be available and your access to Bequeathed may from time to time be interrupted or contain errors. We will not be liable if we are unable to provide Bequeathed for any reason.

Your Content

You grant us a non-exclusive, irrevocable, royalty free licence to use, act upon, store and comply with all information and instructions that you upload or otherwise provide to us in connection with your use of Bequeathed (?Your Content?).
You confirm and warrant to us that you have the right to provide Your Content.
You warrant that you have all necessary consents from relevant individuals to upload their personal data via Bequeathed and that by doing so you do not, and will not cause us to breach, any applicable law or regulation relating to data protection.
So that we can give you a wide variety of resources, Bequeathed may include hyperlinks to websites operated by other parties. Although they may be of use, we have not examined or evaluated them and we are not able to confirm or check their content. We have no control over the content of external Internet sites that link to Bequeathed or which are linked from it.
We do not accept liability for any content posted to Bequeathed by visitors.

Recording of telephone and video calls
1. All Support given over the telephone or by video may be recorded. All records of telephone and video calls are subject to our Call Recording Policy and our Privacy Policy.
Security
1. During registration you will be issued with a username and password which will allow you to use your account and the materials available to registered users. Please keep the username and password confidential. It would be helpful for security reasons if you do not leave your computer unattended while logged on to Bequeathed and if you log off each time you are finished using it.
2. We are not liable for any loss, damage, cost or expense you suffer as a result of someone using your account without permission due to your failure to keep your account and password confidential and secure until you have let us know of the suspected breach of security and we have had a reasonable time to take appropriate measures.
3. Please let us know as soon as possible if you think that an unauthorised person knows your username or password or has access to your account.
4. To ensure we keep Bequeathed secure we may need to suspend or terminate your account if we suspect an unauthorised person is attempting to access it.
Data Protection

Important information concerning our processing of personal data is set out in our Privacy Policy.
Where you use our online will interview, for so long as we store any personal data you upload to Bequeathed for the purposes of drafting your Will, keeping a copy of the Will, and keeping a record of your questions and answers for your own purposes, we do so as a processor under a contract between us on the Processor Terms.
Please see our Privacy Policy for all processing by us of personal data you upload into Bequeathed.

Complaints
1. Please contact us if you have any concerns or queries about the service you receive from Bequeathed.
2. If there is any aspect of Bequeathed with which you are unhappy, please discuss the problem with us using online chat or email us at [email protected].
3. If you are still dissatisfied, then email our CEO via [email protected] to discuss the problem. Your complaint will be fully investigated and dealt with properly and promptly.
Remedies general
1. The rights and remedies of you and us under this Licence are cumulative and are not exclusive of any rights or remedies of you or us provided by law or in this Licence.
Waiver

Any failure or neglect by either party to enforce any of the provisions of this Licence shall not be construed nor deemed to be a waiver of that party?s rights and does not affect the validity of the whole or part of this Licence nor prejudice that party?s rights; any waiver by either party of its rights under this Licence does not operate as a waiver in respect of any subsequent right.

Invalidity

If any provision of this Licence is held to be illegal, invalid or unenforceable in whole or part, that provision shall to that extent be deemed not to form part of this Licence and the legality, validity and enforceability of the remainder of this Licence shall be unaffected.

Governing law

This Licence and any other non-contractual duty in connection with it, shall be governed by and construed in accordance with English law.

Jurisdiction

The courts of England and Wales shall have non-exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with this Licence.
A printed version of these terms will be admissible in court or other proceedings as if they were originally generated and maintained in printed form.

Who You Are Contracting With
1. This Licence is granted to you by Bequeathed Limited (a company registered in England and Wales with company number 10960116).
Definitions
1. In this Licence, unless the context otherwise requires, the following definitions apply:
2. Bequeathed means all or any of our website within the URL *.bequeathed.org, the online interview available on the website, the facility to store the online interview, and all information, guidance and documents we publish and other services we provide, in each case in such form and manner as we may determine from time to time.
3. Licence means the licence to use Bequeathed to which clause 3 refers.
4. Panel Legal Firm means a legal firm providing will writing services that is
  1. regulated by one of the regulators authorised by the Legal Services Board or
  2. significantly controlled by a solicitor who is regulated by the Solicitors Regulation Authority or
  3. significantly controlled by a fully qualified member of the Society of Trust and Estate Practitioners who is therefore subject to its Code of Professional Conduct and its Code for Will Preparation
  4. or any other entity which pays Bequeathed to promote will writing services to you and to prepare and transfer the interview and the draft will created by you in Bequeathed.
5. Professional User means a person engaged in providing will writing services for reward or profit.
6. Support mean:
  1. the help we provide through articles, chat, screenshare or telephone or video call
    1. on the issues you might consider when making your will, and
    2. when you encounter a problem using Bequeathed, and
    3. when we, at your request, help you enter your information in to Bequeathed.
  2. the transfer of your online interview and the draft will created by the system from your answers to a Panel Legal Firm so that it may advise you and send your will to you under the contract you agree with it.
7. We, us or our refers to Bequeathed Limited
8. You or your refers to the individual acting in his or her personal capacity (as the case may be) who has registered on our website.
9. Your Content has the meaning given to it in clause 8.1.
References

References to:
a statutory provision includes a reference to any modification, consolidation or re-enactment of the provision from time to time in force and all subordinate instruments or regulations made under it except that, as between the parties, no modification, consolidation or re-enactment shall apply for the purposes of this Licence to the extent that it would impose any new or extended obligation, liability or restriction on, or otherwise adversely affect the rights of, either party;
either party includes, where appropriate, persons deriving title under it;
includes or including shall be construed without limitation to the generality of the preceding words; any document (including this Licence) or a provision of it shall be construed as a reference to that document or provision as amended from time to time by agreement between the parties in accordance with this Licence;
writing includes any method of reproducing words in a legible and non-transitory form, excluding e-mail; and
the singular includes the plural and vice versa.

Headings

The headings are for convenience only and shall not affect the interpretation of this Licence.