Please read these terms carefully as they set out the basis upon which you are authorised to use Bequeathed to enter and record your circumstances and testamentary wishes (your "instructions") into an online Will interview on the Bequeathed website.
Note that these terms do not apply to any legal services or drafting of your Will by us or any third party legal firm, all of which will be dealt with under a Client Care Letter or similar that you will be invited to sign and accept once you have completed the online Will interview.
A. Glossary
Certain words and expressions used in, and principles of interpretation applicable to, these terms are defined or set out in clause 19.
B. Commencement
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.
C. Licence
For so long as we operate Bequeathed you have our permission to use Bequeathed free of charge:
to enter details about your circumstances and your testamentary wishes through an online Will interview (directly having registered on the website or indirectly with our Support),
so that you may receive system-generated online advice on how you might choose to make a Will that best meets your needs, including considering risks identified from your responses to the online Will interview,
and, if you choose to order a draft Will with associated legal advice from the Bequeathed Legal Team or another Panel Legal Firm under separate terms (see clause 4) so that we may provide our Bequeathed Legal Team or other Panel Legal Firm with a draft Will system-generated from your answers in order that they may more quickly advise you and complete the drafting of your Will for you.
There is therefore no contract between us under this Licence other than for the processing of certain personal data in accordance with clause 11.2 and the Processor Terms.
D. Legal advice and provision of a draft Will
The fact that you have entered your circumstances and wishes into the Website under this Licence does not mean that we have accepted you as a legal client or undertaken responsibility to advise you or provide you with a draft Will.
When you complete your online Will interview (directly or with our Support), we may at our absolute discretion email you a Client Care Letter, a sample form of which you can read at this link.
You may then if you choose sign the Client Care Letter to order legal services including a draft Will from us, either free or paid for, which services will be delivered under the terms of that separate agreement.
Alternatively, if you require legal advice and a draft Will from another Panel Legal Firm, then at your request we may transfer your completed interview answers and the draft Will our system has created from those answers to one of our Panel Legal Firms so that firm may invite you to order legal services from it under its Client Care Letter or similar. We will provide that Panel Legal Firm with your contact details for that purpose.
The fact that we transfer your draft Will or interview answers to one of our Panel Legal Firms does not mean that firm has accepted you as a client or undertaken responsibility to advise you or provide you with a draft Will. To receive advice and your draft Will from one of those firms, you must contract with that firm, usually in the form of a Client Care Letter.
Subject always to the Panel Legal Firm’s terms and conditions with you:
In return for the introduction by us of you to the Panel Legal Firm, the Panel Legal Firm has agreed with us to 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 may, at no cost to you, complete and send the draft Will to you.
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. 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 may send you the free will as at 6b 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 that firm because we undertake no responsibility or duty to you in respect of the services provided by the Panel Legal Firms (see clause E5 below).
E. Responsibilities and Our Liability
For the avoidance of doubt, any legal services we provide to you, including drafting of your Will, will be solely provided under the terms of the separate Client Care Letter you choose to sign, which sets out what we will and will not do for you, how we will carry out those services, and the liability we accept for them.
Subject to clause E6 below, we only take responsibility under this Agreement for the use of Bequeathed to gather your instructions about your circumstances and wishes 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.
We do not undertake a duty of care or responsibility or provide any assurance of quality to you or anyone else in relation to the Will you may 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.
Subject to clause E6, 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.
Where you are one of our Panel Legal Firms, nothing in clause E5 affects our liability to you under our separate services agreement.
F. Use of Bequeathed
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:
impersonate any person or falsely state or otherwise misrepresent yourself, or your relationship with any person or organisation
use or attempt to use the account of any other user without the consent of that user or our prior written authorisation;
upload, publish or display any personal or confidential information of any person or organisation without their prior consent;
upload, share or otherwise make available any material that contains viruses or malware;
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;
upload, share or otherwise make available any material which is deliberately misleading or fraudulent; or
intimidate or harass any person or organisation.
We may remove from Bequeathed any material that we consider to be in breach of clause F3.
We use cookies on Bequeathed. For further information on how we use cookies see our Cookies Policy.
G. 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.
H. 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.
I. Recording of telephone and video calls
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.
J. Security
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.
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.
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.
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.
K. 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 draft 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.
L. Complaints
Please contact us if you have any concerns or queries about the service you receive from Bequeathed.
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].
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.
M. Remedies general
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.
N. 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.
O. 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.
P. 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.
Q. 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.
R. Who You Are Contracting With
This Licence is granted to you by Bequeathed Limited (a company registered in England and Wales with company number 10960116).
S. Definitions
In this Licence, unless the context otherwise requires, the following definitions apply:
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.
Bequeathed Legal Team means the team of law graduates managed by our Solicitor, all employed by Bequeathed Limited.
Licence means the licence to use Bequeathed to which clause 3 refers.
Panel Legal Firm means a legal firm providing will writing services that is
regulated by a regulator approved by the Legal Services Board (https://www.legalservicesboard.org.uk/about-us/approved-regulators) or The Law Society of Scotland; or
where a person with significant control of the firm is personally regulated by a regulator approved by the Legal Services Board; or
where a person with significant control of the firm is a STEP member and therefore subject to the STEP Code of Professional Conduct (and, in England & Wales only, the STEP Code for Will Preparation in England & Wales)
or any other legal firm the Supplier considers suitable;
with whom Bequeathed has an agreement to introduce a consumer user of Bequeathed for that firm to supply legal advice and a Will under its own terms and conditions.
Professional User means a person engaged in providing will writing services for reward or profit.
Support means the help we provide through articles, chat, screenshare or telephone or video call
on the issues you might consider when making your Will, and
when you encounter a problem using Bequeathed, and
when we, at your request, help you enter your information in to Bequeathed.
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.
We, us or our refers to Bequeathed Limited
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.
Your Content has the meaning given to it in clause H1.
T. 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.
U. Headings
The headings are for convenience only and shall not affect the interpretation of this Licence.