Website Terms and Conditions
Updated June 2019
Before you use this Website, please read these terms and conditions which apply to your use of our Website. In using our Website, you confirm that you accept and agree to comply with these Website Terms of Use. You must not use our Website if you do not agree to the Website Terms of Use.
1. Introduction
1.1. This website, https://www.betterwill.uk ("Website") is provided by Betterwill Ltd, a company registered in England and Wales under company number 11947701 and whose registered office is at Henleaze Business Centre 13 Harbury Road, Henleaze, Bristol, United Kingdom, BS9 4PN. Betterwill is a trading name of Betterwill Ltd.
2. Definitions and interpretation
2.1. “Document(s)” means the will document or any other document sold by us on our Website and which are ordered by you.
2.2. “Privacy Policy” means the privacy policy on our Website which can be found
at https://www.betterwill.uk/privacy-policy
2.3 “Products” means the Documents and/or Services as defined in 2.1 and 2.4.
2.4 “Services” means the service provided by Betterwill to create, update, revise and check the Documents.
2.5. “Website” means https://www.betterwill.uk
2.6. “we”, “us”, “our” means Betterwill Ltd.
2.7. “you”, “your”, “yours” means the user accessing the Website and ordering any Documents and/or Services from the Website.
2.8. “Writing” includes emails. When we use the words "writing" or "written" in these terms and conditions, this includes emails.
3. How to contact us
3.1. You can contact us by writing to us at team@betterwill.uk or by post at the address above. Any communication or notice under these terms and conditions may be made by Betterwill or on behalf of Betterwill via any email address of the domain Betterwill.co.uk or by other means including post. The use of such an email address should not be relied upon as evidence that the communication has been sent by Betterwill.
3.2 If we need to contact you, we may do so by telephone or in writing to you at the email address or postal address you provided to us.
4. Accessing our Website
4.1 You are responsible for ensuring that all persons accessing our Website through your internet connection or internet service provider are aware of and have agreed to these Terms of Use.
4.2 You are responsible for ensuring you have up to date anti-virus software on any device from which you access our Website. We do not guarantee that our Website will be secure or free from bugs or viruses.
4.3 We update our Website from time to time and so may change the content at any time without notice to you. We reserve the right to withdraw, vary or suspend the Website (or any part of it) at any time without notice.
4.4 We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted.
4.5 We permit you to access our Website on a temporary basis. We reserve the right to withdraw or amend our Website (and any products or services offered on it) without notice. We will not be liable if for any reason our Website or any part of it is unavailable at any time or for any period.
5. Reliance on information on this Website
5.1 Materials and information posted on our Website and the Services provided are not intended as legal advice or advice in any other capacity and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information and/or Services to the fullest extent permissible by all applicable laws.
5.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
6. Documents and Services
6.1.1 If your permanent home is not in England or Wales or if you own assets outside the UK or business or agricultural property, the Documents and/or Services we offer are not suitable for you. We accept no liability relating to the use of or reliance on Documents and/or Services which are not suitable for you and no refund will be offered under such circumstances.
6.1.2 It is your responsibility to check that the Documents and/or Services we offer are suitable for your intended use before you order. It is important that you read through the supporting information and instructions which accompany our forms and appear on various pages on our Website before you order Documents and/or Services.
6.1.3. You must be 18 years of age or over in order to register and to order Documents and/or Services from us.
6.1.4. In providing us with your details you warrant that these details are accurate and complete at the time of registration and are not false or misleading or misrepresent your identity. You must provide us with, where requested, valid and complete contact details which may include but are not limited to your date of birth, a valid email address and up-to-date residential address.
6.1.5. When registering with us you will be required to provide an email address and password. You must ensure that you keep these details secure and do not provide this information to a third party. You agree to adhere to best practice in maintaining security as a user and in particular to selecting and confidentially storing passwords which adhere to best practice. We will not be liable for any unauthorised access by a third party using your email address and password.
6.2 Our contract with you
6.2.1 Our acceptance of your order for Documents and/or Services will take place at the time when we process your order and payment is made, at which point a contract will come into existence between you and us.
6.3 Our products
6.3.1. Documents and/or Services purchased from the Website are intended for your use only and you warrant that any Documents and/or Services ordered and purchased by you are not for resale or third party use and that you are acting as principal only and not as agent for another party. We shall not be liable for the Documents and/or Services to any third party.
6.3.2. The customisation which can be made to the Documents through use of the Services will be limited to pre-defined fields such as the names of individuals, beneficiaries, executors, assets or specific gifts and you will be able to make unlimited changes to these areas whilst your subscription is active by ordering the annual update services. You will not be permitted to change or alter the main text on the Documents.
6.4 Cancellation
6.4.1. Due to the bespoke nature of the Documents, you are not entitled to cancel your order or to return the Documents unless either (i) the file cannot be opened or is corrupted when you try to download the Document; or (ii) any printed version of the Document ordered is damaged upon receipt. The right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply to Documents purchased from us.
6.4.2. If you purchase a subscription enabling you to make revisions to your Documents, you have the right to cancel your subscription without giving any reason. To exercise your right to cancel you must notify us online through the Website. You must provide us with a clear statement of your decision to cancel the Services. We will communicate to you an acknowledgement of receipt of such cancellation by email as soon as reasonably practicable.
6.4.3. If you cancel a subscription you will be allowed to continue revising your Documents for the remainder of the period you have paid for. At the end of this period you will no longer be allowed to update your Documents. In order to reactivate your subscription we reserve the right to charge you a rejoining fee, the amount of which may be set by us and revised from time to time without notice.
6.5. Our rights to make changes
6.5.1. We may change the Documents, Services and/or Website at any time, either to reflect changes in relevant laws and regulatory requirements, to implement minor technical adjustments and improvements or for any other reason.
6.5.2. We may cancel or suspend your access to Documents or the Services if we consider that you have acted in breach of these terms.
6.5.3. We reserve the right in all cases, at our complete discretion, to decline to offer you Documents and/or Services.
6.6. Provision of documents and services
6.6.1. We will make Documents available in an appropriate format for download by you as soon as we have completed the checking and verification of the Documents and will notify you via email once the Documents are available for download. If you have elected for a printed copy of the Documents, you will be provided with an estimated date of delivery at the time of ordering. Please note that all delivery periods quoted at the time of ordering are approximate only and may vary.
6.6.2. Once purchased, we will supply the Services to you until you cancel the Services as described in clause 6.4.2 or we cancel the Services as described in clause 6.5.2.
6.6.3. If our supply of the Documents is delayed by an event outside our control then we will contact you as soon as reasonably possible to let you know and we will take reasonable steps to minimise the effect of the delay. We will not be held liable for delays caused by the event.
6.6.4. We reserve the right to suspend the supply of the Services for any reason, including but not limited to dealing with technical problems or making minor technical changes; or to make updates to reflect changes in relevant laws and/or regulatory requirements. We shall not be held liable for any losses caused by such suspension of Services or the unavailability of Documents as a result.
6.7. Payment and price
6.7.1. The total price for Documents and/or Services ordered, including any relevant delivery charges, will be displayed on the Website when you place your order. Full payment must be made before the Service can be provided or a Document can be downloaded by you or despatched for delivery by us. Prices are subject to revision without notice and at any time at our absolute discretion.
6.7.2. If you decide not to sign, execute or complete a Document no refund will be given.
7. Linking to our Website
7.1 We may at our absolute discretion allow you to link to any page of the Website, for non-commercial purposes provided that you do so in a way that is fair and legal, and which does not damage our reputation or take unfair advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
7.2 You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the Website.
7.3 Our Website must not be framed or be subjected to any other browser or border environment on any other site.
7.4 If you would like to link to our Website for commercial purposes or any purpose not included above, please contact team@betterwill.uk
7.5 We reserve the right to withdraw linking permission at any time and without notice.
8. Your data
8.1. Where we have requested data from you to provide Documents or Services, you agree to provide us with accurate and complete information.
8.2. You authorise us to use, store or otherwise process your personal information (in accordance with our Privacy Policy) in order to provide the Documents to you and for marketing and credit control purposes. Please read our Privacy Policy for more information on how we store and process your personal information.
8.3. You are entitled to request a copy of the personal information we hold on you.
8.4. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we will not be held liable in the event of a breach in our secure computer servers or those of third parties.
8.5. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data which you provide when accessing or ordering from the Website.
9. How we may use your personal information
9.1. We will use the personal information you provide to us to supply the products to you, to process your payment for the products; and if you agreed to this during the order process, to give you information about similar products that we provide, but you may opt out of this at any time by contacting us.
9.2. We will only give your personal information to third parties where the law either requires or allows us to do so.
9.3. Please see our Privacy Policy for further information about how we may use your personal information.
10. Intellectual property rights
10.1. Ownership of, and all rights created in relation to the contents of the Website are the property of Betterwill absolutely unless indicated otherwise. We retain ownership of all intellectual property rights related to the Website, including copyrights, trademarks and other proprietary rights. You are permitted to use the Website in accordance with these terms and conditions but no licence is granted to you to use any such intellectual property. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website. The collection, arrangement and assembly of all content on the Website is the exclusive property of Betterwill and is protected by copyright.
10.2. You are granted a non-exclusive, non-transferable licence by us to use our Website and to print pages from the Website. If you order and pay for a Document through the Website you will be granted permission to enable you to create and download your Document. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.
10.3. You grant us an irrevocable, transferable, worldwide, royalty free and unlimited licence to use, modify, share, keep, save, copy, and utilise, your data for the purpose of providing the Documents and/or Services to you and as set out in clause 9.
10.4. You shall not be permitted to either license, sublicense, sell, resell, assign, transfer, distribute or otherwise commercially exploit or make available to any third party the Documents or the content of our Website in any way; or to modify or make derivative works based upon our Service and Website; or to reverse engineer or access the Website, the Services or Documents for any purpose including building a rival product or service, or copy any ideas, features, functions, designs or graphics of the Website. When using the Website you shall not: (i) send any correspondence that has not been suitably scanned for any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Website or the data contained therein, or our Website, servers or networks; (iii) attempt to gain unauthorised access to secure pages of the Website or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.
11. Our website
11.1. We make all reasonable efforts to ensure that the information available on the website is accurate and up-to-date however the information may become out of date or obsolete over time.
11.2. No information provided on the website constitutes legal advice. The information contained on the website is general legal information and should not be construed as legal advice to be relied upon or applied to any particular set of circumstances. You should make enquiries with an appropriately qualified professional should your particular circumstances require it.
11.3. We cannot guarantee that the website will be available at all times or that it will be free of errors or technical faults and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; however the information appearing at the time may not always reflect the position exactly at the time you place your order.
11.4. You must not bypass or circumvent the security on the Website, tamper with, or hack into, or otherwise disrupt our computer system, server, Website, router or any other internet connected device or service.
11.5. We do not make any representations as to the quality or availability of the goods or services provided by any third parties linked to from this Website. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.
12. Limitation of liability
12.1. We offer online Documents and Services but not legal advice. Betterwill is not a law firm and is not registered or regulated by the Solicitors Regulation Authority. The use of our Documents, Services or the Website does not create an obligation by us to dispense legal advice to you and does not constitute a lawyer-client relationship between Betterwill (or its employees or associates) and you. You must satisfy yourself that the nature of the Services that we offer and the Documents provided to you meet with your requirements and are satisfactory for your purposes and any legal requirements. We will not accept any responsibility to you if the Documents and/or Services you purchased from us are not suitable for your particular circumstances or legally correct for your situation.
12.2. When preparing Documents we have no responsibility and will accept no liability for verifying your identity, your testamentary and/or mental capacity, your age, whether you are or were subject to any undue influence or coercion when using the Services or signing your Documents, whether you knew, understood and approved the contents of your Documents, or whether there were or might be any actual or potential third party beneficiary(ies) who might have a claim in law against your Estate who you have not named as beneficiaries under your Will.
12.3. Future changes to your circumstances or the law may mean that your Document becomes out of date or obsolete and we cannot guarantee that the Document you produce will remain up to date, complete and accurate. It is not our responsibility to notify you of changes in the law or the impact of these changes on your Document and we shall bear no liability for this. The responsibility for future reviews of the terms of your Document rests with you.
12.4. Instructions are provided to assist you with the signing and witnessing of your Document in accordance with the laws of England and Wales. It is your responsibility to follow such notes and to ensure that the Document is validly executed and we shall have no liability for your failure to properly execute your Document. A failure to do so may result in an invalid and unenforceable Document. We shall have no liability for the guidance notes or for the enforceability of any Document.
12.5. We do not review the data you provide to create or generate a Document for the purpose of checking for legal accuracy, correctness, suitability or completeness other than where you have specifically requested this service and paid any fee due for this service. Where you have generated and produced a Document online we cannot accept responsibility for the appropriateness of the Document or that it will be suitable for your particular situation.
12.6. The Documents and Services are suitable for use in England and Wales only. If you live or have assets outside England and Wales then you should exercise caution when using any Document and/or Services as it may not be suitable and we shall have no liability for the suitability of the Document and/or Services.
12.7. We accept no liability and offer no warranty whatsoever for Documents which are made available to you to download from the Website free of charge.
12.8. We disclaim any and all liability to you for the supply of the Documents and our Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Document or Service and we shall not be liable for any consequential loss.
12.9. We shall not be liable to you for any loss of profits, loss of data or any indirect, special, or consequential loss.
13. Complaints
13.1. We hope you will be satisfied with the Documents and Services we offer, but we realise occasionally things can go wrong. When this happens, we aim to resolve issues swiftly and fairly.
13.2. We have a formal complaints handling procedure, a copy of which can be obtained on request. Please write to team@betterwill.uk in the first instance.
14. Entire Agreement
14.1. These terms and conditions together with any order form, payment instructions and our Privacy Policy constitute the entire agreement between you and us for Documents and Services. No other terms whether expressed or implied shall form part of these terms and conditions.
14.2. In the event of any conflict between these terms and conditions and any other term or provision on the Website, these terms and conditions shall prevail.
15. Other
15.1. Any contract made for the Documents and/or Services is between you and us. No third party shall have any rights to enforce any of its terms. It is not intended that any of the undertakings and obligations set out in these terms and conditions shall be for the benefit of and capable of being enforced by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
15.2. Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
15.3. No delay or failure on our part to enforce our rights or remedies under these terms and conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
15.4. These terms and conditions and our Privacy Policy shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.