Terms and conditions

Introduction

This End User Licence Agreement (EULA) sets out the terms of licence and use that apply to the app for use on mobile devices (such as mobile phones, tablets and other devices), including any updates to the app, that we make available for download from any third party application store (the App) and the website www.legacy.co.uk (the Site). Where the context requires, references in this EULA to the App shall also be deemed to include a reference to the Site.

These terms and conditions also apply to any of the services accessible through the App, unless separate or additional terms apply, in which case they will be displayed on-screen or accessible via a link.

The App is provided by LegalZoom Legal Services Limited trading as LegalZoom (LegalZoom, we, us and our). LegalZoom are a limited company, registered in England. Our registered company number is 08823370, and our registered office is at Beaumont House, 1 Paragon Avenue, Wakefield, West Yorkshire, WF1 2UF. We are regulated by the Solicitors Regulation Authority and hold the licence number 617803. Our VAT registration number is 215548217.

BY DOWNLOADING, ACCESSING AND/OR USING THE APP, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE APP, AND YOU SHOULD NOT CLICK TO ACCEPT THESE TERMS AND YOU SHOULD NOT PROCEED FURTHER.

We reserve the right to change the terms of this EULA from time to time by notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the App. These terms and conditions were last updated on 1 December 2016.

Our Role and Disclaimer

By agreeing to this EULA you are confirming that you have sufficient testamentary capacity to understand that you are making a Will with the intention of binding your executors and guardians if applicable.

The App provides templates that can be used to create a will that directs the management and distribution of your property on your death (each a Will).

It is your responsibility to take independent legal and tax advice on your Will. The generation of a Will using the App does not constitute legal, tax or estate planning advice. We accept no responsibility for the suitability of your Will or its relevance to your particular circumstances. We will not review your individual circumstances and we will not advise you of the suitability of the Will to your circumstances. We make no representation or warranty, express or implied, in relation to the accuracy, reliability, quality, legal efficacy or completeness of any Will created using the App. You should not rely on a Will generated using the App without taking independent legal, estate planning and/or tax advice as applicable. This also includes inheritance tax advice.

As we provide no legal, estate planning or tax advice in connection with the App or any Will, it is possible that a Will generated using the App will not be effective in saving any tax, will not accurately reflect your wishes and, in some cases, may not take legal effect.

Registering with us

The App is intended for use only by persons who are at least 18 years of age. By using the App, you confirm to us that you meet this requirement.

When you download the App you will be asked to complete registration and create an account. To create an account, you must provide us with a valid email address and choose a password.

You must treat your username and password as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your account and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any account, at any time, if in our opinion you have failed to comply with any of the provisions of this EULA or if any details you provide for the purposes of registering as a user prove to be false.

Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason.

Making a Will and uploading Memories

You can begin the process of creating your Will by following the on-screen instructions. You will be asked a series of questions on-screen to assist with generating the Will. Please ensure you provide complete, correctly spelled and accurate answers to each of the questions in the App as this information will be used to create the Will. We accept no responsibility for the effects that entering incorrect information in the App may have on your Will.

The App also allows you to upload photos and other memories which can be shared with each of the important people in your life (Memories).

In-App / Site purchases and subscriptions

The App is free to download. You will be able to start creating your Will and/or uploading Memories (together Services) for a free trial period lasting thirty (30) days from the date of registration (or any other period specified during registration).

It is important to note that, at the end of the trial period and each monthly subscription period thereafter, your subscription will automatically renew for a further month (and continue to do so), unless you alter your subscription renewal settings in accordance with the instructions to be found on the relevant third party application store or at legacy.co.uk if you paid for your subscription via legacy.co.uk, or Beaumont Legal or The Formations Company. The fee you pay as stated in the App or Site gives you access to the Services for one month and is payable monthly in advance.

“In-App” purchases or purchases on the Site for our Services are made available to you immediately and you acknowledge and agree that this is the case and that, therefore (subject to any cancellation right that the terms of service of the relevant third party application store may allow you), you will have no right to change your mind and cancel under the Consumer Contracts Regulations (sometimes known as a ‘cooling off’ right) once the download has started.

Where you make an in-App purchase or a purchase on the Site, we warrant that it will substantially comply with the description provided by us at the point of download and that any services we provide through it will be provided with reasonable care and skill.

Storing your Will

Once you have created your Will we will email it to you. On receipt, you should print it out and sign it in the presence of a witness. We will provide instructions for signing and witnessing the document with the Will.

Once the Will has been correctly signed and executed you can send it to us for storage at our facilities at the following address:

Legacy Team
Beaumont House,
1 Paragon Avenue,
Wakefield,
WF1 2UF.

Once received your Will will be given a final check solely to ensure that it is executed properly by a member of the Will team of the LegaZoom Legal Services’ wholly owned subsidiary firm. Beaumont Legal is the trading name of Beaumont ABS Ltd whose registered office is Beaumont House, 1 Paragon Avenue, Wakefield, WF1 2UF, where a list of directors can be inspected. Beaumont ABS Ltd is registered in England and Wales under registration number 09771974, VAT number 224 1794 17. Beaumont Legal is authorised and regulated by the Solicitors Regulation Authority, registration number 626167, in accordance with the SRA Code of Conduct which can be found at www.sra.org.uk.

We will then securely store your Will for the duration of your subscription to the Services. You should notify the executors of your Will that it is stored with LegalZoom at our facilities.

You can amend your Will at any time. You are responsible for returning the most recent copy of your Will which has been signed and witnessed. If you submit a new Will to us for storage, any other Will we previously had stored for you will be confidentiality destroyed.

Responsibility for the work

The Wills team will be responsible for carrying out the Will execution check on the documents only. LegalZoom Legal Services has appointed their wholly owned subsidiary, Beaumont ABS Limited to undertake this check task on the documents and arrange for the storage of the document. The team is made up of Solicitors, Trainee Solicitors and Legal Assistants. Libby Holding who is an Associate Solicitor and Head of the Wills and Probate team will be responsible for managing your Will storage. Libby Holding is also the person responsible for the overall supervision of our Wills work. You can contact Libby by email at  team@legacy.co.uk

LegalZoom Legal Services acting as executor

You do not have to appoint a solicitor or other professional executor. You can appoint a lay person as an executor in which case such a person may choose to engage the services of a professional such as a solicitor to assist with the administration of the estate.

If you appoint LegalZoom Legal Services as your executor we will charge an hourly fee for administering the estate in line with our charge out rates at the time at which the appointment becomes effective. The current hourly charging rate for this type of work is £225 per hour plus VAT.

Typically, for a straightforward modest estate we estimate that between 7 and 15 hours’ work would be needed for us to administer the estate. We do not charge any additional percentage in dealing with the estate, nor do we charge any additional fees over and above our normal legal fees for acting as executors.

Complaints

We aim to provide you with a high-quality service, however If you are unhappy about any aspect of the service you have received, please initially contact the Legacy Wills team by email to team@legacy.co.uk. If you still have any queries or concerns, please request a copy of our Complaints Procedure.

If after following our Complaints Procedure you remain dissatisfied with any aspect of our handling of your complaint, you may refer your concerns to the Legal Ombudsman. You can refer your complaint up to 12 months after you have received our final written response to your complaint. The contact details are as follows: Legal Ombudsman PO Box 6806, Wolverhampton, WV1 9QJ, Telephone: 0300 555 0333, Email address: enquiries@legalombudsman.org.uk, Website: www.legalombudsman.org.uk

You can also use the Legal Ombudsman service if we have not resolved your complaint within 8 weeks of us receiving it. A complaint can be referred to the Legal Ombudsman up to six years from the date of the act or the omission or up to three years after discovering the problem. The Ombudsman deals with service related complaints; any conduct complaints will be referred to the Solicitors Regulation Authority.

Professional indemnity insurance

LegalZoom Legal Services Limited carries compulsory level Professional Indemnity Insurance for £3 million (which is the maximum liability amount referred to in these terms) with Travelers Insurance Company Limited who can be contacted at Marsh Limited, Tower Place, London EC3R 5BU. The policy covers the provision of legal services by LegalZoom Legal Services Limited.

Service commitment

As it is our policy to continually improve our Service offerings, we reserve the right to make changes to our Services, charges and/or to these terms and conditions from time to time. Any material changes to our Services or price changes will apply no earlier than thirty (30) days following email notice to you.

Please see below the usual average timescales involved with the subscription service. Please note this timescale only begins once you have agreed to the Terms and Conditions and the contents of this document:

  • Review of execution of Will - within 2 working days of receipt of the document

Cancelling your subscription

You can cancel your subscription at any time. If you do not wish your subscription to the Services to renew automatically at the end of the then-current subscription period you must alter your subscription renewal settings in accordance with the instructions to be found on the relevant third party application store or email team@legacy.co.uk if you purchased your subscription via www.legacy.co.uk, or via Beaumont Legal or The Formations Company. If you do not do this, charges to your account may continue until the end of the following subscription renewal period. It is your responsibility to notify us in advance of renewal.

On cancellation of your subscription we will hold copies of your Will and Memories for a period of ninety (90) days after your subscription expires. You will not be able to view your Will or Memories during this ninety (90) day period unless and until you renew your subscription. If you do not renew your subscription during this ninety (90) day period you are authorising and directing us to destroy any physical copies of your Will which we have stored for you together with any Memories and content uploaded to your account.

NOTICE OF YOUR RIGHT TO CANCEL

This section sets out your rights pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days on the conclusion of the contract (i.e. 14 days after you accept these terms and conditions). To exercise the right to cancel you must inform us of your decision to cancel this contract by a clear statement in writing to team@legacy.co.uk before the cancellation period has expired.

EFFECTS OF CANCELLATION

Please note that by accepting the terms and conditions and the contents of this document you are requesting that service with immediate effect and if you then decide to exercise your right to cancel, you will still be liable to pay the monthly subscription amount which is in proportion to the service that has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.

We will make any reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make any reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise. In any event, you will not incur any additional fees as a result of the reimbursement.

Money Laundering Regulations

Payment of the subscription must be made by online payment and you must not use a card registered in anybody else’s name but your own (joint accounts are acceptable). The payment card must be registered to your home address.

Under the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2007, we have a duty to report to the National Crime Agency any client transaction which we know or suspect may involve money laundering. If we decide, in our sole discretion, that we are required to report the transaction on which you have instructed us, we may do so without your prior authority or knowledge. We are not permitted to tell you if we make such a report.

Access to the App

The App may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the App concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download the App you wish to download and to access and use the App.

You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the App to that device. You accept responsibility, in accordance with this EULA, for all access to, and use of, the App by you on any device, whether or not it is owned by you.

You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, the App may charge for internet access (including mobile data usage) on that device.

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the App or that the App will respond at a certain speed (since this depends on a number of factors outside our control).

What you are allowed to do

You may only use the App for non-commercial, personal use, and only in accordance with this EULA (and in accordance with any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, the App) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.

Subject to the following sections, you may retrieve and display content from the App on a computer or mobile device and store the App in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of the App and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in this EULA, you are not allowed to:

  • use our Services on behalf of any person, including making a Will on behalf of any other person;
  • republish, redistribute or re-transmit the App;
  • copy or store the App other than for your use as permitted by these terms and conditions and as may occur incidentally in the normal course of use of your browser or mobile device;
  • store the App on a server or other storage device connected to a network or create a database by systematically downloading and storing any data other than User Content from the App;
  • remove or change any content of the App other than User Content or attempt to circumvent security or interfere with the proper working of the App or any servers on which it is hosted;
  • use the App in a way that might damage our name or reputation or that of any of our affiliates; or
  • otherwise do anything that it is not expressly permitted by this EULA.

All rights granted to you under this EULA, including any subscription will terminate immediately in the event that you are in breach of any of them. If we terminate your account for any reason, we will destroy any physical copies of your Will which we have stored for you together with any memories or content you have uploaded.

To do anything with the App that is not expressly permitted by this EULA, you will need a separate licence from us. Please contact us, using the Contact us details at the end of this EULA.

Third party platform providers and application stores

Certain third party platform providers with whose devices and/or operating systems the App have been designed to be compatible oblige us to include certain additional provisions in this EULA. These are set out at the end of this EULA under Additional third party terms. These provisions come from the relevant third party platform providers, not us.

Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the App. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available.

Intellectual property rights

We license, but do not sell, to you the App you download. We remain the owners of all App at all times.

All intellectual property rights in the App and in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos), other than User Content, are owned by us or our licensors. Except as expressly set out here, nothing in this EULA gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the App or any content from the App.

The App may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that the App contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under this EULA, and you accept and agree to be bound by such Open Source Licence Terms. A copy of the source code for any Open Source Software contained in the App and the relevant Open Source Licence Terms will be made available to you upon request.

Functionality and content

You agree that downloading, accessing and use of the App that is made available for download free of charge are on an 'as is' and 'as available' basis and at your sole risk.

We reserve the right to change the design, features and/or functionality of the App by making the updated App available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download any updated App, but we may cease to provide and/or update content to prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.

Where the App makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to the App, with or without notice to you, if we need to do so for security, legal or, unless that content is part of a subscription you have paid for, any other reasons.

Whilst we try to make sure that content made available by the App consisting of information of which we are the source is correct, you acknowledge that certain App may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by the App is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Except as expressly set out in this EULA, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the App.

We cannot and do not guarantee that the App or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the App and its content.

Your personal information

Use of your personal information submitted to us via the App is governed by our Privacy and Cookies Policy Additionally, by using the App, you acknowledge that internet transmissions are never completely private or secure and that it is always possible that any message or information you send using the App may be read or intercepted by others.

Data Protection

The Data Protection Act requires us to advise you that your personal information is held on our systems and database.

We will hold and process your personal information by computer or otherwise.

We will process your personal information in accordance with our Privacy Policy – see our website.

We may use your personal information and disclose it for the purposes of performing the subscription service to you or otherwise required by law in accordance with the terms and conditions and also including the following purposes and in the following circumstances:

  • To our insurers, regulator, warranty providers, recommenders, sub-contractors and persons acting as our agents;
  • To our suppliers, to the extent that they need your personal information;
  • To banking institutions, if required, to carry out inter- bank transfers;
  • To Fraud prevention agencies to prevent fraud and money laundering if false or inaccurate information is provided and / or a fraud is identified;
  • Further details on how the information held by fraud prevention agencies may be used can be obtained by writing to our Compliance Department;
  • To our wholly own subsidiary law firm, Beaumont ABS Limited to enable them to undertake the execution check of your Will and to arrange to have the Will(s) stored;
  • To send you information which is not connected with the service, unless you inform us in writing you do not wish to be contacted;
  • With your consent; and/ or
  • If we are required or permitted to do so by law.

By confirming your agreement to proceed you are accepting that we may use your personal information in this way.

You have the right to access any personal data we hold on you in accordance to the Data Protection Act 1998; you can obtain a copy subject to a payment of a fee of £10.00

User content

The App allow you to submit user-generated content such as (but not restricted to) Memories (User Content) and may also allow you to communicate that content, to selected recipients. We do not control or moderate User Content submitted. You are solely responsible for User Content as submitted by you and acknowledge that all User Content expresses the views of its respective authors, and not our views.

If you submit any User Content, you must:

  • keep it relevant to the purpose of the Service to which you submit it and the nature of any topic;
  • not submit any User Content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
  • not submit any User Content that contains any viruses and/or other code that has contaminating or destructive elements; and
  • not impersonate, or misrepresent an affiliation with, any person or entity.

You agree that, by submitting any User Content, you grant us and our affiliates a perpetual, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to distribute, such User Content (in whole or part) solely for the purposes of the Services we provide.

Whilst we do not pre-screen User Content, we reserve the right, in our sole discretion, to delete, edit or modify any User Content submitted by you if you are in breach of any of these terms.

External links

The App may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Our liability

Nothing in this EULA shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence;
  • for fraudulent misrepresentation;
  • for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
  • for any other liability that, by law, may not be limited or excluded.

It is your responsibility to take independent legal and tax advice on your Will. The generation of a Will using the App does not constitute legal or tax advice. We accept no responsibility for the suitability of your Will or its relevance to your particular circumstances. We make no representation or warranty, express or implied, in relation to the accuracy, reliability, quality, legal efficacy or completeness of any Will created using the App You should not rely on a Will generated using the App without taking independent legal and tax advice.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

Applicable law

Any dispute or legal issue arising from the Terms will be determined by English law and will be submitted to the exclusive jurisdiction of the English courts.

General

You may not transfer or assign any or all of your rights or obligations under this EULA.

All notices given by you to us must be given in writing to the address set out at the end of this EULA.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of this EULA is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on the terms of this EULA may be concluded in the English language only and that no public filing requirements apply.

These terms and conditions shall be governed by English law. You agree that any dispute between you and us regarding them or the App will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.

Contact us

Please submit any questions you have about this EULA or any complaint or concern in relation to the App by email to team@legacy.co.uk or write to us at:

The Legacy Team
Beaumont House
1 Paragon Avenue
Wakefield
WF1 2UF

Additional terms from third party platform providers

Apple & Google

If the App that you download, access and/or use runs on Apple’s iOS or Google's Android operating system:

  • the App may only be accessed and used on a device owned or controlled by you and using Apple's iOS or Google’s Android operating system, and only in accordance with Apple or Google's usage rules published in its App or Play Store terms of service;
  • you acknowledge and agree that:
    • Apple or Google Play has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please contact us, not Apple or Google, using the Contact us details in these terms;
    • except as otherwise expressly set out in these terms, any claims relating to the possession or use of the App are between you and us (and not between you, or anyone else, and Apple or Google);
    • in the event of any claim by a third party that your possession or use (in accordance with these terms) of the App infringes any intellectual property rights, Apple or Google will not be responsible or liable to you in relation to that claim; and
    • although these terms are entered into between you and us (and not Apple or Google), Apple and Google, as third party beneficiaries under these terms, will have the right to enforce these terms against you;
  • you represent and warrant that:
    • you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and
    • you are not listed on any United States Government list of prohibited or restricted parties; and
  • if the App does not conform to any warranty applying to it, you may notify Apple or Google, which will then refund the purchase price of the App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple or Google does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content.

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