Terms & Conditions of Use
Published: 10th Sep, 2015 | v.2
1. Acceptance of Terms and Conditions of Use
The Terms and Conditions of Use (“TACOU”) are the only basis upon which MedEx Direct Ltd T/As NINE MINUTE WILL (Company Registration Number 2794576) (“we/us”), will supply you with access to the nineminutewill.com website (“the Website”) to assist the person entering this Agreement whether an individual, company or any other legal entity and including anyone reasonably appearing to us to be acting with your authority or permission (“you”) in creating your own Will (“Service”).
Any reference in these TACOU to “writing to us” shall, unless stated otherwise, be to our registered office address at MedEx Direct Limited, 3 Park Industrial Estate, Frogmore, Hertfordshire, AL2 2DR.
1.1. In checking or leaving checked the box on the 'DOCUMENT CREATION AND PURCHASE' page you agree to be bound by all TACOU of the Service.
1.2. By purchasing any Service from the Website you are entering into a contract, the terms of which are described in these TACOU. If you do not agree to these TACOU, or you are under the age of 18, then you must not use or make a purchase from the Website.
1.3. You may not make any changes or modifications to these TACOU.
2. Disclaimers and Limited Warranty
Services supplied through the Website are subject to a number of conditions as described in this section. Your statutory rights are not affected.
The Website supplies functionality enabling you to produce a Will with a degree of customisation. Information and documentation supplied is to guide the creation of a Will but does not constitute legal, financial or tax advice and should not be substituted for you seeking such professional advice.
2.2. Service Limitations
The functionality and information supplied for your use in generating your Will is unable to cover all individual circumstances. Should you be unsure on how such a Will might affect you, we recommend that you obtain professional legal advice prior to signing the Will. Any Will produced by this Website and executed without first obtaining professional legal advice is done so entirely at your own risk and you accept full responsibility should it prove to be unsuitable to your circumstances. Professional legal advice should always be sought in relation to any particular circumstance.
2.3. Legal Jurisdiction
The Will(s) generated by the Service are not designed to be suitable for laws of any jurisdiction outside of England and Wales. If you live or have assets outside England and Wales then you execute any Will purchased using this Service entirely at your own risk. We will not normally process refunds for clients who have ignored or chosen not to read our advice on this subject. All communication that we send to you will assume that you have read and understood this notice.
2.4 Changes in the Law
Statutory changes and constant changes to case law and/or 'reinterpretation' of existing precedents results in us being unable to guarantee that the information provided on the Website will be up to date, complete or accurate.
3.1. The process permitting you to produce your Will(s) involves the use of an online questionnaire' which incorporates 'Guidance Notes' both in the questionnaire itself and via an appropriately titled link in the questionnaire.
3.2 The content and interpretation of any 'Guidance Notes' does not constitute legal advice and should not be substituted for seeking professional legal advice.
3.3. Should you encounter any problems using the Service then you can seek assistance by contacting us using the contact link on the Website. When you use this facility, instructions are given for how to look out for and obtain our reply. Instructions for obtaining our reply are also on the 'FAQ' page of our Website. We shall in no way be liable should you fail to read or correctly follow these instructions. Our reply should never be taken as containing any legal, financial or tax advice.
4. Limited Warranty
We represent and warrant to use our reasonable efforts to:
- prepare and maintain the Website's Will generation process with due care and skill; and
- review changes in the law and revise the Website's Will generation process accordingly.
5. Product-Specific Terms and Conditions
5.1. Will Storage Service
Our Document Storage Service is for the storage of Wills you have produced using our Service only.
5.1.1. If you use our Will Storage Service, we will:
- store the Will in a safe and secure facility;
- arrange for the Will to be insured for its replacement cost against theft, fire, and flooding. This will only cover the cost of physically replacing the Will itself and does not include any legal expenses for correctly executing a replacement Will nor does it include any loss caused to the beneficiaries of an estate;
- supply you with a 'Retrieve my Will' card; and
- provide you with a contact number for all probate queries during our normal business hours of Monday to Friday 0900-17:00.
5.1.2. You agree that for each Will that you send to us for storage you will:
- check the legality of the Will before sending it to us;
- send the Will to the address provided by recorded delivery; and
- send only your Will to us – we do not store any other legal document, such as Lasting Powers of Attorney and Land Registry documentation.
5.1.3. Subject to clause 6 below, we will neither check or accept any liability or obligation in respect of the legality of any Will that you store with us.
5.1.4. For your protection, we will only release the original Will:
- to the Executor(s) of the deceased on production of a valid death certificate and satisfactory proof of identification of the Executor(s);
- to you at your home address upon written authorisation by yourself and payment of the appropriate fee in accordance with clause 5.1.7;or
- to your nominated Authorised Retriever(s) at your home address upon written authorisation by you and payment of the fee in accordance with clause 5.1.7. An Authorised Retriever(s) can be appointed and authorised by the customer at any time in writing to us.
5.1.5. Your home address will be the address that we have in our database in your Will details. The maintenance and protection of this information from unauthorised access/update is your responsibility.
5.1.6. Following receipt of a direction to release in accordance with clause 5.1.4, the Will will be sent by recorded delivery within 3 working days of its release.
5.1.7 Fees for Will Storage, Retrieval and Administration
- The fee for storage of a Will is £15.00 per annum (or part annum in the event that the Will is released in accordance with clause 5.1.4).
- The fee for retrieval of the Will is £100.00 and will be charged to either you or your estate (as the case may be).
- It is your responsibility to enter your email address correctly when you use our Service and, should your email address change, to amend it in our database by logging in and selecting the appropriate admin function. Subject to clause 6, we will not be responsible for the failure of any communication from us to reach you as a result of you having incorrectly entered your email address, and we will charge an administration fee of £14.95 for any corrections that have to be made by us as a result of your failing to fulfil your aforesaid obligation to enter your email address correctly.
5.1.8. Cancellation of Will Storage
For the avoidance of doubt: Failure to send your Will(s) to us does not on its own constitute a request for cancellation of the Will Storage Service contract. If you fail to comply with clause 5.1.2 and send any document other than your Will to us for storage then we will dispose of it and not be liable for any consequences this may cause.
Unless cancelling in accordance with your right to do so under clause 11, in order to cancel you must send confirmation of your wish to cancel by either emailing us at [email protected] or writing to us.
5.1.9. Loss of the Document Envelope in the post
If the Will is sent back to you or your nominated `Authorised Retriever(s)` or your Executor(s) (in accordance with the requirements under clause 5.1.4) then it will be sent by recorded delivery.
It is extremely rare but recorded delivery packages can get lost in the post. Our liability in the case of a Will being lost in the post will be the amount that we are able to claim back in compensation from the Royal Mail (or whichever other postal carrier is used) and you acknowledge that insuring against such loss is entirely your responsibility. Alternatively your Executor(s) or your nominated `Authorised Retriever(s)` may make direct contact with us to arrange for a more secure delivery method but you acknowledge that this is entirely your responsibility.
6. Exclusion of Liability
6.1 If we fail to comply with these TACOU, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these TACOU or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
6.2 We only supply our Services and products for domestic and private use. You agree not to use our Services and products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
7. Grant of Licence
7.1. You are granted a non-exclusive and non-transferable licence by us to:
- print pages from this Website provided you do not remove or modify any copyright, notices, trade marks or other proprietary notices;
- bookmark any available page or link to it; and
- use either Microsoft's Internet Explorer or Netscape's Navigator web browser or the Firefox web browser or the Safari web browser to interact with the pages of the Website .
7.2. Purchase of the right to generate a Will results in you being granted a non-exclusive and non-transferable licence by us to:
- use all the restricted access areas of the Website to generate the associated Will for a period of time reasonably required to complete it;
- view all of the resulting wording of the Will;
- print the wording that has been generated;
- print guidelines explaining aspects of use of the Will; and
- save the wording in electronic form.
Note that 'generate' is defined as the creation of only one Will which is then your responsibility to sign and ensure it is legally valid.
7.3. The above grants of licence form part of the user agreement. As such each is inextricably linked to your compliance with all other aspects of the TACOU.
8. Intellectual Property and Ownership
8.1. You acknowledge and agree that the Website content includes but is not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout and (6) design presented through and as part of the Service by us is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Specific examples of trademarks or trade names (and related logos) are 'MedEx Direct Ltd, 'NINE MINUTE WILL' and 'nineminutewill.com'.
8.2. Such content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only and must at all times be used solely in connection with the Service in accordance with the TACOU.
Only use of the Service explicitly granted to you by the TACOU (or by us to you in writing) are allowed. All other uses are prohibited, including without limitation:
- any sale, licensing, rental or distribution of your access to the Website; and
- any publication, framing, reverse engineering or creation of derivative works from the Website.
10. Fees and Payment for Will Drafting Service & Appointment of Executors
10.1. It is free for you to create a summary of a Will using the Service. If you complete a payment in accordance with the fees and payment procedure displayed on the Website, you will be granted access to generate the Will. This access will be for a reasonable period to allow you to generate the Will.
10.2 The Officer and Staff of MedEx Direct Ltd will be specified as Executors of your Estate if you use our Will Writing Services in the Will you create. MedEx Direct Ltd will charge 4% of the gross value of your Estate for carrying out their duties as Executors. Any disbursement such as legal, accounting, estate agent or administration costs will be charged in addition to this. The gross value of the Estate is defined as the total value of the Estate before deduction of mortgages, charges or similar.
10.3. Where we offer additional services or features (e.g a free check of the signature clauses of your Will) and give specific instructions (e.g. the use of a specific URL), in order to allow our software to automatically qualify you for the additional service or feature then it is your responsibility to ensure that these procedures are fully and correctly followed in accordance with clause 10.3. Subject to clause 6,we will not be liable for any loss you may suffer should the procedures not be correctly followed and the relevant access consequently not provided to you.
10.4. Where we state that a checking fee must be paid if you wish us to re-generate your Will after purchase and after any amendments made by you then that fee applies whether the said amendments are as a result of changes desired by you or as a result of corrections recommended by us. This clause 10.4 is subject to the provisions of clause 2.1.
10.5. All fees are plus VAT and/or similar taxes that may apply from time to time.
11. Right to Cancel and Refunds
11.1. When you click 'Pay' or 'Make Payment' (or similar) to make your payment for the Service from us you enter into a contract governed by these TACOU and are regulated by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Under regulation 29(1) of the aforesaid regulations you have a right to cancel the contract provided that you notify us within 14 days of the day following the date of order (“The Cancellation Period”).
HOWEVER if, after purchase, you click the option to generate/deliver your documents then under regulation 37(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are giving your express consent to delivery of the digital element of your order (“The Digital Element”) within the Cancellation Period and acknowledging that you lose your right to cancel The Digital Element under regulation 29(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Furthermore, if you order any printing/binding service then this is classified as “goods that are made to the consumer's specifications or are clearly personalised” under regulation 28(1)(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and as such for this part of your order your right to cancel does not apply.
For the avoidance of doubt, this means that once you have, after payment, selected the option to generate/deliver your documents:-
- you DO NOT have the right to cancel the 'Will' and/or 'Lasting Power of Attorney' and/or 'Tenants in Common' (and/or any other) package(s)that you have ordered for electronic delivery;
- you DO NOT have the right to cancel any printed/bound documents that you have ordered; and
- you DO have the right to cancel the Will Storage Service provided that you do so within the Cancellation Period.
Again for the avoidance of doubt, if after payment you choose NOT TO select the option to generate/deliver your documents then:
- you DO have the right to cancel the 'Will' and/or 'Lasting Power of Attorney' and/or 'Tenants in Common' (and/or any other) package(s)that you have ordered for electronic delivery provided that you do so within the Cancellation Period;
- you DO NOT have the right to cancel any Printed/Bound documents that you have ordered; and
- you DO have the right to cancel the Will Storage Service provided that you do so within the Cancellation Period.
Valid cancellation requests in accordance with this clause 11 will result in a 100% refund, which will be paid within 14 days and wherever possible will be made to the payment method or card that you used to make your original payment.
Where you have no right to cancel, we will enforce our right to refuse any cancellation request that you submit to us other than as provided for in the sub-paragraph(s) below which relate to specific products and services supplied via the Website and described below.
11.2. We will permit you to cancel your purchase of our 'Print/Bind' service provided that we receive your cancellation request more than 24 hours before the Will has been produced and posted to you. For the avoidance of doubt such a cancellation will result in the refund only of the amount that you have paid for the 'print/bind' service.
11.3. If the Cancellation Period has expired then you we will still permit you to cancel your Document Storage Contract at any time subject to the procedures and provisions described in the 'Cancellation of Will Storage' sub-paragraphs of the 'Will Storage' Section of the TACOU (clause 5.1.8). For the avoidance of doubt such a cancellation will result only in the cancellation of any future subscription payments. It will not result in a refund.
11.4. The following additional terms will also apply regarding cancellation and refunds:
- We will honour the 'Money-back' guarantee made on our Website: if you find anything legally wrong with your Will(s) and it is our fault (i.e. you have correctly followed all of the 'Guidance Notes') then we will correct your Will(s) and refund the payment(s) that you made for the Will(s) that required correction.
- A cancellation request for Will Storage Services that does not comply with clause 5.1.8 or clause 11 shall be deemed to be an invalid cancellation request. If you think that you have duplicated your purchase then it is your responsibility to prove so by supplying us with the transaction IDs for all of the payments that you say that you have made. We will then verify in our database that the duplicate payments were for exactly the same product(s) and the names on the Will(s) were exactly the same. Unless you provide the said transaction IDs and unless our subsequent verification proves positive (i.e. duplicate payments for the same product(s) for the same named person(s), no refund for the alleged duplicate payment(s) will be made.
- With regard to the sale of digital content by way of a digital download only and where you (a) consent to delivery within the Cancellation Period and (b) acknowledge the loss of your right to cancellation prior to or immediately after making your payment will be dealt with under regulation 37(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 - namely you will have no right to cancel and we will not accept any cancellation request nor make a refund.
12. Other Disclaimers
12.1. We are unable to guarantee that the Website will be compatible with your browser or that your access will be uninterrupted. Specifically, you may find browsers on 'tablet' computers to be particularly unreliable. In all cases where you encounter a problem accessing the Website and/or its services from your browser it is your responsibility to find an alternative computer and/or browser.
12.2. The Website may incorporate hyperlinks to other websites. We make no representations or endorsements and accept no responsibility for the content or use of any such external site accessed through ours. You acknowledge that we have no control over the content on external sites we may link to.
12.3. Our normal communication with you - including the comments of one of our Willwriters (who may not necessarily be legally qualified) on reviewing your Will(s) - will be via email. It is your responsibility to ensure that your 'spam' filters do not block emails from us and to act on any comments made.
12.4. If you make amendments to your Will(s) after they have been checked by us, and then re-generate them whilst declining the opportunity to have one of our Willwriters check the amended Will(s), then you do so entirely at your own risk and we shall not in any way be liable for any consequences.
12.5. Should we need to contact you on any matter more pressing than our normal communications (see 13.3 above) then we shall first email you at the email address that we hold in our database for you and then in some cases also write to you by Recorded Delivery (or equivalent) at the postal address that we hold in our database for you.
It is your responsibility to keep both of these addresses up to date in our database and to ensure that you can receive and read (or have read to you) all communications sent to you by us via these routes.
(a) any communication sent by email by us to you at the email address that we hold in our database for you (i.e. the one entered by you either when you registered with us or when you placed your order) will be deemed by us to have been delivered to and read by you; and
(b) any communication sent by Recorded Delivery (or equivalent) by us to you at the postal address that we hold in our database for you will be deemed by us to have been delivered to and read by you whether or not we receive a confirmation or proof of delivery.
Subject to clause 6, if you fail to act on any communication from us to you which we have deemed to have been delivered to and read by you then we shall not in any way be liable for any consequences.
12.6. An 'FAQ' page on our Website gives detailed instructions for how to use our Service including but not limited to how to receive responses to communications with us and how to download documents purchased from us if all else fails. It is your responsibility to locate and follow these instructions. Subject to clause 6, we shall not be liable for any consequences of you not so doing.
12.7. Except where expressly stated, all corrections and amendments to Wills are your responsibility and must be carried out by logging back into the Service, working through the appropriate questionnaire, and re-generating new versions of your Will (which must then be downloaded, printed, signed and witnessed).
13. Member Privacy
13.1. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all member accessible activities that occur under your account. You agree to notify us immediately on becoming aware of any unauthorised use of your password or account or any other breach of security.
13.2. You agree that MedEx Direct Ltd. and its authorised employees and agents can access your account, including its contents as stated above, to respond to support queries or technical issues or to fulfil the obligations under these TACOU. We reserve the right at all times to monitor, review, retain, and/or disclose in good faith any information if we believe that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of MedEx Direct Ltd. or enforce the TACOU.
13.3. Your personal details provided to us may be sold or otherwise distributed to third parties provided that we receive your consent to do this.
14. Service Suspension and Termination
14.1. You agree that MedEx Direct Ltd., in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if MedEx Direct Ltd. believes that you have violated or acted inconsistently with the letter or TACOU.
14.2. It may be necessary to suspend access to the Service for the purposes of maintenance or other reasons. Notice may or may not be given of suspension. Should we discontinue the Service we will use all reasonable efforts to give fair notice of termination of access to the Service. Either sufficient notice will be provided to allow completion of purchased Will(s) or refunds associated with such Will(s) will be paid. Further you agree that MedEx Direct Ltd. shall not be liable to third party under the Contracts (Rights of Third Parties) Act 1999 for any termination or suspension of access to the Service or modification of the Service.
14.3. You agree that MedEx Direct Ltd., in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any information and content you have stored within the Service if you abuse any member of our staff either verbally or via email or via our online 'Contact' or 'Customer Response' system or if you 'spam' (i.e. send repeated and repetitive messages) to our company either via email or via our online 'Contact' or 'Customer Response' system.
14.4. Should we cease to trade for any reason including the winding up of the company then these TACOU and all of our obligations contained therein shall immediately cease as will access to the Website. Should such an event occur as a result of a decision taken by us then we shall inform you by email as soon as is reasonably practicable for us prior to the event using the email address for you held in our database at the time. It is your responsibility to ensure that you will receive and read the aforementioned email and it will also be your responsibility to take any action you deem necessary, such as taking a copy of the details that you used to create your Will(s) prior to our termination of access to the Website.
15. Impact of Invalidity
You understand and agree that if any provision of these TACOU is judicially declared to be invalid, unenforceable or void, such declaration shall not have the effect of invalidating or voiding the remainder of these TACOU, and the part or parts of these TACOU so held to be invalid, unenforceable or void shall be deemed to have been deleted from these TACOU and the remainder of these TACOU shall have the same force and effect as if such part or parts had never been included.
16. Governing Law
These TACOU shall be governed in all respects by English Law and both parties submit to the exclusive jurisdiction of the English Courts.
17. Entire Agreement
18. Variations to these Terms and Conditions of Use
We reserve the right to vary these TACOU from time to time. Such variations will take effect immediately upon the posting of the varied TACOU upon the Website. In accepting these TACOU, you are deemed to accept such variations.