IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE DIGITAL LEGACY PLATFORM. WE RECOMMEND THAT YOU PRINT OR SAVE AN ELECTRONIC COPY FOR FUTURE REFERENCE. BY USING ANY OF OUR SERVICES, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE TO COMPLY WITH THEM.
It is important that you read and agree to the Terms set out below. However, for the purpose of highlighting only, we would draw your particular attention to the following:
- Payment: this is a Subscription service. If you do not pay we can suspend or terminate your use of the Digital Legacy Platform (clause 17.1);
- Term: you may end your use of the Digital Legacy Platform at any time on giving notice pursuant to clause 15. We will only refund any Subscription fees paid in accordance with clause 15;
- This Platform is only available for users in the UK;
- In addition to the provisions below, you must adhere to our acceptable use policy when using the Digital Legacy Platform;
- Security: whilst all reasonable efforts have been made to ensure the security of the Digital Legacy Platform, we do not accept responsibility for any breach. You should take all precautions to keep your login details secure and should not include password or access information on the Platform (clause 7);
- Unless prohibited by law our liability to you is limited to the amount of Subscription (as set out in clause 8) you have paid to us or £25 (whichever is the higher);
- You can contact us at anytime in accordance with clause 1.2 below.
1. INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. Ashfords LLP (Ashfords, we, our or us) is a law firm registered in England and Wales under company number OC342432 whose registered office is at Ashford House Grenadier Road, Exeter, EX1 3LH.
How to contact us. You can contact us by writing to Digital Legacy, Ashford House, Grenadier Road, Exeter, EX1 3LH, or emailing firstname.lastname@example.org or telephoning us on 01392 333555.
What these Terms cover. These Terms apply to your use of the Digital Legacy Platform (as defined below).
2.1 In these Terms:
2.1.1 Client means any person that has instructed us to provide legal services either in the course of using the Platform or ay anytime in the 12 months prior to signing up to the Platform for the first time.
2.1.2 Content means any text, images, video, audio or other multimedia content, software or other information or material submitted by you to the Platform.
2.1.3 Digital Legacy Platform or Platform means the online platform (including the functions and Content available via the Platform) that can be accessed via an internet browser or through such application systems as we may determine from time to time.
2.1.4 Executor means the individuals identified by you on the Platform as your executor (as amended from time to time) or such other individuals who satisfy us that they are legally authorised to access the Platform to enable your estate to be administered.
2.1.5 Executor Terms means the Terms and conditions accepted by the Executor on accessing the Platform.
2.1.6 Subscription means such fees as we may charge from time to time for use and/or access to the Platform.
2.1.8 You or your means the person accessing or using the Platform.
3. INFORMATION ABOUT YOU AND WHO CAN USE THE PLATFORM
3.1 Licence to use the Platform. Subject to adhering to these Terms, we grant you a non-exclusive, non-transferable, personal licence to you to use the Digital Legacy Platform solely for your own personal use.
3.2 You may only use this Platform if you reside in the UK.
4. CHANGES TO THE PLATFORM
4.1 Updates to the Digital Legacy Platform. We may update the Platform from time to time, including without limit removing, adding or amending any functions and/or information contained in it (but excluding Content). However, please note that any of the information on the Platform may be out of date at any given time, and we are under no obligation to update it.
4.2 Errors and omissions. We do not guarantee that the Platform, or any Content on it, will be free from errors or omissions.
4.3 When the Platform will be available. We use reasonable efforts to make the Platform available 24 hours a day, seven days a week, except for planned or unscheduled maintenance. However, we do not give any guarantee of this. Where reasonably practical, we will notify you of any planned down time.
4.4 We may also suspend or terminate use of the Platform if you do not pay any Subscription. The Platform is a Subscription based service. In the event that you do not pay the Subscription or your estate fails to pay any release fee then access to the Platform may (at our discretion) be suspended and/or terminated.
5. RESTRICTIONS TO THE PLATFORM
5.1 Except as set out in these Terms or as permitted by any local law, you agree:
5.1.1 not to make alterations to, or modifications of, the whole or any part of the Platform;
5.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform;
5.1.3 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform;
5.1.4 not to provide or make available the Platform, in whole or in part (including object and source code), or in any form to any person or business without prior written consent from us; and
5.1.5 to comply with all applicable laws and regulations in relation to your use of the Platform.
5.2 You acknowledge and accept that an Executor must agree to the Executor Terms in order to access the Platform. We will only grant access to an Executor in accordance with these Terms.
6. YOUR ACCOUNT AND PASSWORD
Your information should be kept confidential. Any user identification code, password or any other piece of information created as part of our security procedures must be treated as confidential information and must not be disclosed to any third party. You are solely responsible for preventing unauthorised access to, or use of, the Platform.
7. HOW WE WILL USE YOUR PERSONAL INFORMATION
7.1 We will use the personal information you provide to us:
7.1.1 to supply the Platform to you;
7.1.2 to process any Subscription for your use of the Platform; and
7.1.3 to give you information about similar services that we provide including any changes in the law that we feel may be of interest to you. You may stop receiving this at any time by contacting us in accordance with clause 1.2 above.
7.2 We will only give your personal information to third parties where the law either requires or allows us to do so. Executors will only be provided with access to the Platform once we are satisfied that they were authorised by you on the Platform or where they can demonstrate to our reasonable satisfaction that they are duly authorised to administer your estate. In the event that there is any conflict between the details on the Platform and your final last will and testament then we reserve the right to refuse access to the Executors.
8. CHARGES AND PAYMENT
8.1 You must pay the Subscription in accordance with this clause
8.2 How much is the Subscription? Subject to any increase as set out in clause 8.6, the Subscription fee shall be £25 per annum if you are a Client and £40 per annum if you are not a Client. In addition, we will levy a charge of £100 (release fee) to your estate on providing an Executor with access to the Platform. We reserve the right to levy additional charges to increase your storage access on the Platform beyond 250mb.
8.3 How to make payment. All Subscriptions shall be paid via the online payment system integrated into the Platform or in respect of the release fee by way of invoice to your estate.
8.4 What happens if we do not receive payment. If we have not received payment on the due date then we may at our absolute discretion either suspend your access to the Platform or remove your Platform account in its entirety.
8.5 All amounts and fees stated or referred to in these Terms:
8.5.1 shall be payable in pounds sterling;
8.5.2 are non-cancellable and non-refundable;
8.5.3 are inclusive of value added tax.
8.6 We shall be entitled to increase the Subscription (or any part of it) at any time by notice to you.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it by us. Works published by us on the Platform are protected by copyright laws and treaties around the world. All such rights are reserved.
10. INFORMATION ON THE PLATFORM
10.1 Any information on the Platform is provided as general information. It is not intended to amount to advice on which you should rely. You should obtain professional advice before taking, or refraining from, any action on the basis of information provided by us and made available via the Platform.
10.2 Accuracy of information. Although we use reasonable efforts to update information provided by, or made available by us we make no representations, warranties or guarantees, whether express or implied, that Content on our Platform is accurate, complete or up-to-date.
11. YOUR CONTENT
11.1 Whenever you upload Content, you must comply with the Content standards in our acceptable use policy. You will be liable to us and indemnify us against losses incurred as a result of any breach arising directly or indirectly from failing to adhere with the acceptable use policy.
11.2 You retain ownership rights in Content, but you grant us a licence to use, store and copy that Content only to the extent necessary for us to provide the Platform.
11.3 What we are not responsible for. We will not be responsible, or liable to any third party, for the Content or accuracy of any Content uploaded by you to our Platform.
11.4 What you are responsible for. You are solely responsible for securing and backing up your Content.
12. VIRUSES AND YOUR USE
12.1 What we cannot guarantee. Although we take pride in delivering the Platform to a high standard, we do not guarantee that the Platform will be secure or free from bugs, viruses or any malicious malware.
12.2 What you are responsible for. You are responsible for configuring your information technology, computer programs, devices and web platforms in order to access the Platform safely. You should use your own virus protection software.
12.3 You must not:
12.3.1 use the Platform for any purpose other than that for which it was intended;
12.3.2 exceed any usage or storage allowance set by us from time to time in respect of your use of the Platform;
12.3.3 misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
12.3.4 attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to it; or
12.3.5 commit any criminal offence under the Computer Misuse Act 1990 (or associated legislation).
13. OUR RESPONSIBILITY FOR YOUR LOSS OR DAMAGE
13.1 Our liability for any breach by us of these Terms is (subject to the rest of this clause 13) be limited to the amount of Subscription you have paid or £25 (whichever is the higher).
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
13.3 We are not liable for conditions, warranties, representations or other Terms to the extent permitted by law which may apply to the Platform or any Content on them, whether express or implied.
13.4 We are not liable if a third party gains access to the Platform. You acknowledge that the internet is an open system and we cannot guarantee that third parties will not unlawfully access the Platform. We will do everything we reasonably can to ensure that a third party does not gain access to the Platform but we will not be liable for a breach of these Terms if a third party does gain access to the Platform, as long as we use reasonable measures to prevent this and are otherwise complying with our obligations.
13.5 Subject to clause 13.1, we will not be liable to you or any Executor for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, whether suffered directly or indirectly, arising under or in connection with any:
13.5.1 use of, or inability to use, the Platform;
13.5.1 use of, or reliance on, any information displayed on the Platform whether provided by us, or you; or
13.5.1 loss or corruption of data, business, goodwill, reputation or revenue; or anticipated savings.
14. DURATION OF THE AGREEMENT
14.1 When will these Terms commence? Our agreement with you shall, unless otherwise terminated in accordance with its Terms, commence on the date that you subscribe to the Platform and shall continue for an initial Term of 3 months and thereafter the Terms will automatically renew for 12 months periods provided that the Subscription is paid.
15. YOUR RIGHTS TO END THE AGREEMENT
You may contact us at any time to end your use of the Platform. To end the agreement with us, please call customer services on the contact details set out in clause 1.2 above. You acknowledge and accept that you will not be entitled to any refund of any Subscription already paid save that should you decide to cancel within 14 days from the date of your initial Subscription payment then we will refund you in full.
17. OUR RIGHTS TO END THE AGREEMENT
17.1 We may end the agreement between us at any time if:
17.1.1 you fail to pay any Subscription when due;
17.1.2 you breach any of these Terms;
17.1.3 we decide (at our absolute discretion) that we are no longer providing the Platform or that we wish to change who may have access to the Platform. In the event that we terminate the agreement between us pursuant to this clause then we will refund to you a part payment of the Subscription that you have paid to us that is equal to the amount of days left before your next renewal date.
17.2 If the agreement between us is terminated (for whatever reason) then: a. we may stop providing the Platform and/or block and terminate your user rights;
17.2.1 all rights or licences granted to you shall cease;
17.2.2 you must immediately cease all activities authorised by these Terms and immediately delete or remove the Platform from all your devices.
19. OTHER IMPORTANT TERMS
19.1 The rights granted to you in these Terms are personal to you and cannot be transferred.
19.2 We may change these Terms at any time. We will, where reasonably possible, notify you of such changes.
19.3 We may transfer our rights and obligations.
19.3 We are not responsible for delays in or failure of performance of our obligations outside our control.
19.4 Each of the clauses in these Terms operate separately and if a court finds part of these Terms illegal the rest will continue in full force and effect.
19.5 These Terms set out the entire agreement and understanding between us.
19.6 These Terms are governed by English law and you can bring legal proceedings in the English courts.