By using our website and/or services, you accept these terms and conditions in full. Accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or services.
Please pay special attention to clauses 11.10 (What we do not do), 11.11 (We do not provide legal advice), 11.12 (Limits of our liability in respect of our Services), and 11.3 (Your confirmation).
About Octopus Legacy
Octopus Legacy is an online platform that provides space and resources for people who go through bereavement. We provide it through our Support Hub Services, which enable private communication between family members and friends, a family to-do list, coordinated support and a private online place for funeral information.
We also help people to arrange their affairs in preparation for the end of their own lives through our Bow service, will writing service and Lasting Power of Attorney writing services.
The Bow service (Bow Service) is an online self-assessment tool that will help you to evaluate how end-of-life ready you are and provide you with suggestions of how you may improve your preparedness.
Preparing your own will can give you the peace of mind that after your death your assets will go where you want them to go, it allows you to plan your funeral and allocate specific gifts. Our will writing and subscription service (Will Services) will take you through a series of questions about you, your assets, and your wishes, and generate a will that is checked by our experts and that will be legally binding once signed and witnessed in accordance with legal requirements. In addition, our subscription option will store your will information for you and will enable you to update and amend your will at any time.
You may need a Lasting Power of Attorney (LPA) if you no longer have mental capacity and cannot understand information relevant to a decision, retain that information long enough to make the decision, and use and weigh that information, or communicate the decision. Our Lasting Power of Attorney writing and subscription service (LPA Service) takes you through a series of questions about you and about your wishes that help you to complete your own LPA. In addition, our subscription option will store your LPA information for you and enable you to update and amend your LPA at any time.
You can either scroll down to read these terms in their entirety (which we recommend you do), or click on one of the links below to go straight to the section you are interested in.
- Information about us
- Your privacy
- About these terms
- Our intellectual property rights
- How you can use our website and Services
- User registration and accounts
- Personal profiles
- Support Hub and social networking
- Your content: rules you must observe
- Your content: permissions you give us
- Bow Service, Will Service and LPA Service
- Third-party services and websites
- Our fees
- Cancellation right and closing your account
- If there is a problem with our products
- Our website: accuracy and availability
- Limits of our liability to you
- If you breach these Terms
- Other important terms
1. Information about us
1.1. Who we are. When we say we, us or our in these Terms, we mean Octopus Legacy Limited, a company incorporated and registered in England and Wales with company number 11111047, whose registered office and main trading address is at Work.Life, 20 Red Lion Street, London, England, WC1R 4PS.
1.2. How to contact us. If you wish to contact us for any reason, including because you have any queries or complaints, you can contact us by using our website contact form, or by email, using the email address published on our website from time to time.
1.3. How we may contact you. If we need to contact you, we will do so by using the contact details you have provided to us when contacting us or registering for an account on our website.
2. Your privacy
Under data protection legislation, we are the data controller of your personal data processed in connection with our website and our website services. We are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice. It is important that you read that information.
3. About these terms
3.1. Purpose of these Terms. These terms and conditions (Terms) shall govern your use of our website and the services we provide through our website, including our Support Hub Services, Bow Services, Will Services and LPA Services (together, the Services).
3.2. Your acceptance of these Terms. By using our website and/or Services, you accept these Terms in full. Accordingly, if you disagree with these Terms or any part of these Terms, you must not use our website or Services.
3.3. You must be at least 16 to use our website. You must be at least 16 years of age to use our website. By using our website or agreeing to these Terms, you warrant and represent to us that you are at least 16 years of age. Some of our website will only be available to you if you are 18 years of age or older (see clause 11.2, Eligibility to use our Services).
3.4. Changes to these Terms. We may amend these Terms from time to time, for example, to reflect changes in law or best practice, or to deal with changes we introduce to our website or Services. We will give you at least 15 days’ notice of any change by sending you an email with details of the change. The revised terms will come into effect on the expiry of that 15 days’ notice. If you do not agree to the revised terms, you can close your account on our website in accordance with clause 14.9 (You may close your account). If you do so:
- (a) our contract with you for any Services we provide to you will end;
- (b) we will refund to you any sums paid by you in respect of Services which would have been provided after the date of termination; and
- (c) we will close your account on our website.
4. Our intellectual property rights
4.1. Our copyright. Copyright ©  Octopus Legacy Limited. Subject to the express provisions of these Terms:
- (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website, Services, and the materials on our website; and
- (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4.2. Our trade marks. Octopus Legacy, Octopuslegacy, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
4.3. Third party trade marks. The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these Terms, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
5. How you can use our website and Services
5.1. How you can use this website. Whether you are a registered user or a visitor of our website, you may:
- (a) view pages from our website in a web browser;
- (b) download pages from our website for caching in a web browser;
- (c) print pages from our website; and
- (d) use our website services by means of a web browser,
subject to the other provisions of these Terms.
5.2. You must only use our website as set out in these Terms. Except as expressly permitted by clause 5.1 or the other provisions of these Terms, you must not download any material from our website or save any such material to your computer or edit or otherwise modify any material on our website.
5.3. Private use only. You may only use our website and Services for your own personal purposes, and you must not use them for business or any other purposes.
5.4. You must not republish any content. Unless you own or control the relevant rights in the material, you must not:
- (a) republish material from our website (including republication on another website);
- (b) sell, rent or sub-license material from our website;
- (c) show any material from our website in public;
- (d) exploit material from our website for a commercial purpose; or
- (e) redistribute material from our website.
5.5. You may share our newsletter. Notwithstanding clause 5.4, you may redistribute our newsletter in print and electronic form to any person.
5.6. We may restrict your access to our website. We reserve the right to restrict access to areas of our website, or our whole website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5.7. Prohibitions. You must not:
- (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, or accessibility of the website;
- (b) use our website or Services in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
- (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
- (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- (e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
- (f) violate the directives set out in the robots.txt file for our website; or
- (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing).
5.8. Unless expressly permitted on our website, you must not use information from our website to contact people. You must not use data collected from our website to contact individuals, companies or other persons or entities other than through the means expressly permitted on the website.
5.9. All information you supply must be accurate. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. User registration and accounts
6.1. When can you register for an account on our website. To be eligible for an account on our website, you must be at least 16 years of age.
6.2. How to register for an account. You may register for an account with our website via a social media account or by completing and submitting the account registration form on our website and clicking on the verification link in the email that the website will send to you.
6.3. Only you can use your account. You must not allow any other person to use your account to access the website.
6.4. You must let us know if somebody else uses your account. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5. You must not use another person’s account. You must not use any other person's account to access the website, unless you have that person's express permission to do so.
6.6. Account ID and password. If you register for an account with our website by submitting an account registration form, you will be asked to choose a user ID and password. If you register for an account via a social media account, you will be asked to login using your existing social media account details.
6.7. Content use and impersonation. Your user ID must not be liable to mislead and must comply with the content rules set out in clause 9 (Your content: rules you must observe). You must not use your account or user ID for or in connection with the impersonation of any person.
6.8. You must not disclose your password. You must keep your password confidential. You must notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
6.9. We may edit, suspend or cancel your account. We may:
- (a) edit your account details;
- (b) temporarily suspend your account; and/or
- (c) cancel your account,
- (d) at any time in our sole discretion, provided that if we cancel any Services you have paid for and you have not breached these Terms, you will be entitled to a refund of any amounts paid to us in respect of those Services that were to be provided by us to you after the date of such cancellation. We will give you reasonable written notice of any cancellation under this clause.
7. Personal profiles
7.1. Your profile information must be accurate. All information that you supply as part of a personal profile on the website must be true, accurate, current, complete and non-misleading.
7.2. You must keep your profile up-to-date. You must keep your personal profile on our website up to date.
7.3. Your profile must comply with our content rules. Personal profile information must also comply with the provisions of clause 5 (How you can use our website and Services) and clause 9 (Your content: rules you must observe).
8. Support Hub and social networking
8.1. Additional website features for registered users. Registered users will have access to such additional features on our website as we may, from time to time, determine, which may include:
- (a) facilities to complete a detailed personal profile on the website, to publish that profile on the website and other selected third-party social media sites, and to restrict the publication of that profile to particular groups or individuals registered on the website;
- (b) facilities to create groups, manage groups that you have created, join and leave groups, and share information amongst group members;
- (c) the facility to send private messages via the website to particular groups or individuals registered on the website; and
- (d) the facility to post and publish text and media on the website and other selected third-party social media sites.
8.2. We are not responsible for the behaviour of other users. You acknowledge that we are not responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading. Subject to clause 17.1 (We do not limit or exclude anything where it would be unlawful), you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
8.3. Other users’ posts may relate to you. You agree to the publication of posts relating to you, by others, on our website. You acknowledge that such posts may be critical or defamatory or otherwise unlawful, and, subject to clause 17.1 (We do not limit or exclude anything where it would be unlawful), you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.
9. Your content: rules you must observe
9.1. Meaning of “your content”. In these Terms, "your content" means all information, works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2. Your content must not infringe any person’s rights. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3. Your content must not be inappropriate. Your content, and the use of your content by us in accordance with these Terms, must not:
- (a) be libellous or maliciously false;
- (b) be obscene or indecent;
- (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- (d) infringe any right of confidence, right of privacy or right under data protection legislation;
- (e) constitute negligent advice or contain any negligent statement;
- (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
- (g) be in contempt of any court, or in breach of any court order;
- (h) be in breach of racial or religious hatred or discrimination legislation;
- (i) be blasphemous;
- (j) be in breach of official secrets legislation;
- (k) be in breach of any contractual obligation owed to any person;
- (l) depict violence in an explicit, graphic, or gratuitous manner;
- (m) be pornographic, lewd, suggestive, or sexually explicit;
- (n) be untrue, false, inaccurate, or misleading;
- (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- (p) constitute spam;
- (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, or inflammatory; or
- (r) cause annoyance, inconvenience, or needless anxiety to any person.
9.4. Please let us know if you spot abuse. If you learn of any unlawful material or activity on our website, or any material or activity that breaches these Terms, please let us know. You can let us know about any such material or activity by email or using our abuse reporting form.
10. Your content: permissions you give us
10.1. Bow Service, Will Service and LPA Service. You grant to us a worldwide, revocable, non-exclusive, royalty-free permission to reproduce, store, modify and otherwise use any content you provide to us in connection with our Bow Service, Will Service and/or LPA Service solely for the purposes of providing the relevant Service to you. That permission is valid for the duration of our contract with you in respect of the relevant Service. The remainder of this clause 10 does not apply to any content which you provide to us in connection with our Bow Service, Will Service and/or LPA Service.
10.2. We can use your content. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free permission to reproduce, store and publish your content on and in relation to this website and any successor website, and to allow others to do the same.
10.3. We sue people who use your content without our permission. You grant to us the right to bring an action for infringement of the rights licensed under clause 10.2.
10.4. You may edit your content. You may edit your content to the extent permitted using the editing functionality made available on our website.
10.5. We may delete, unpublish or edit your content if you breach these Terms. Without prejudice to our other rights under these Terms, if you breach any provision of these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may delete, unpublish or edit any or all of your content.
11. Bow Service, Will Service and LPA Service
11.1. When does this clause apply? This clause 11 applies to our Bow Service, Will Service and LPA Service.
11.2. Eligibility to use our Services. We will only accept instructions from you if you:
- (a) are over 18 years of age;
- (b) comply with these Terms; and
- (c) have registered for an account with us.
11.3. When we cannot provide our Will Services to you. We cannot provide you with our Will Services if:
- (a) you want your will to be governed by the law of any other jurisdiction than England and Wales, or by religious laws; or
- (b) you want to leave specific instructions in your will relating to a business, agricultural property or assets outside of the United Kingdom; or
- (c) you want your will drafted in a language other than the English language; or
- (d) your wishes are complex and/or involve very large or complicated estates.
11.4. When we cannot provide our LPA Services to you. We cannot provide you with our LPA Services if:
- (a) you want your LPA to be governed by the law of any other jurisdiction than England and Wales; or
- (b) you want your LPA written in a language other than the English language; or
- (c) your wishes are complex.
11.5. How we will accept your order for our Bow Service. We will ask you to provide the information we need to calculate and provide you with a score on screen and by email representing how prepared you are for death. We will also present you with a list of suggested actions you may take to improve your preparedness. By accepting our Terms at the start of our Bow questionnaire you confirm that you agree to these Terms.
11.6. How we will accept your order for our Will Service and/or LPA Service. We will ask you to provide the information we need for your will and/or LPA by completing our online form. Once you submit it to us, we will review it to check if we can accept your order, and, if so, will produce the will documentation and/or the LPA documentation for you. Our acceptance of your order will take place when we process your order, at which point a contract will come into existence between you and us
11.7. If we cannot accept your order. If we are unable to accept your order for our Will Service and/or LPA Service, we will inform you of this and will not charge you.
11.8. How we will provide the documents. If we can accept your order for our Will Service and/or LPA Service, we will make the will documentation available to you as digital content for download within 7 business days from the date you submit all the information necessary to complete your documents. You need to pay our fees for the Will Service and/or LPA Service when you place your order. You can alter the editable fields in the will documentation such as the names of beneficiaries, executors, or assets, but you are prohibited from changing or altering the main text on the will documentation.
11.9. Updates to the documents. For as long as you continue to subscribe to our Service and pay the relevant fees, we will store your will documentation on our system, and you can use the functionality of our website to make unlimited number of changes and updates to that documentation. However, we are not responsible for reviewing your will documentation and/or LPA documentation or sending you any updates or reminders in that respect. You remain responsible for ensuring that your will documentation remains appropriate in light of any changes in your personal circumstances, or the circumstances of anyone named in the will documentation, or in view of any changes in the law (including tax laws) and we assume no duty to you in this regard.
11.10. What we do not do.
When you use our Will Service and/or LPA Service, you should note that:
- (a) we do not verify whether the information you provide to populate the will documentation is correct, complete, legally accurate or suitable and/or sufficiently detailed for your particular circumstances;
- (b) our Will Service and LPA Service do not include execution of the documentation. It is your responsibility to print it off and arrange for its execution in accordance with the laws of England and Wales; and
- (c) we accept no responsibility for, and shall have no liability for verifying:
- (i) your identity;
- (i) your testamentary capacity;
- (iii) your mental capacity;
- (iv) whether you knew, understood the contents of the will/and or LPA documentation or its legal effect;
- (v) whether you have correctly executed your will and/or LPA; or
- (vi) whether there are any beneficiaries who might have a claim against your estate.
11.11. We do not provide legal advice.
You acknowledge that:
- (a) our Services are dependent on the information you supply to us to generate your Bow score and suggestions, populate your will documentation and/or LPA documentation (as applicable), and does not claim to be comprehensive or a substitute for legal advice or other professional advice;
- (b) our Services are not designed to provide comprehensive advice, whether legal or otherwise, on the matters that may apply in your particular circumstances. Accordingly, matters which you consider to be important, or which may otherwise be considered important, to your particular circumstances may not have been addressed in your Bow score or suggestions, your will documentation and/or LPA documentation (as applicable), or may not have been addressed in sufficient detail for your purposes; and
- (c) we are not a law firm, nor are we regulated by the Solicitors Regulation Authority; consequently, neither our Bow Services, Will Services or LPA Services create or constitute a client-lawyer relationship between you and us and they cannot in any way act as a substitute for obtaining your own legal advice and other professional advice.
11.12. Limits to our liability to you in respect of our Services.
Subject to clause 17.1 (We do not limit or exclude anything where it would be unlawful), we do not accept any liability for:
- (a) any loss resulting from lack or invalidity of execution of the will documentation or LPA documentation, or your failure to follow our guidance in that respect;
- (b) any loss which you may suffer if your will is invalid, whether as a result of lack of testamentary capacity, or knowledge, understanding or approval of the contents of your will documentation or LPA documentation or their legal effect, or undue influence you may suffer when entering the will or LPA, or third-party fraud;
- (c) any loss arising as a result of your failure to provide accurate, complete and up-to-date information when using our Services, or as a result of your failure to update your will or LPA when such information changes;
- (d) any loss arising as a result of any change in the applicable laws, or your personal circumstances, or the circumstances of any persons named in the will and/or LPA;
- (e) any loss arising as a result of tax incurred or imposed on your estate by the competent authorities;
- (f) any loss arising as a result of your failure to seek legal advice in respect of your death preparedness, will and/or LPA; or
- (g) any loss you, your estate, or your beneficiary may suffer as a result of a claim of your potential or actual beneficiary (whether or not named in your will).
11.13. Your confirmation.
By downloading and/or accessing and/or reviewing and/or using our Will Service and/or LPA Service you confirm that:
- (a) you have fully considered the provisions of these Terms, have obtained such legal advice as you consider appropriate and consider such provisions to be reasonable;
- (b) you have read and understood these Terms and understand that they may affect your rights or responsibilities and you agree to be bound by these Terms;
- (c) any will and/or LPA documentation you order and purchase will not be resold and will be used by you as principal and not as an agent for another party; and
- (d) the details you provide to us when using the Bow Service, Will Service and/or LPA Service will be accurate and complete and are not false, misleading or a misrepresentation of your identity.
12. Third-party services and websites
12.1. When does this clause apply. This clause 12 applies if and only if you offer to contract with us, or contract with us in respect of the third-party services further described in this clause 12.
12.2. Third-party services. Our website may from time-to-time feature information about services provided by third parties (such as solicitors, funeral providers or insurers) (Third-Party Providers). We may also offer other tools or services to allow you to communicate with those Third-Party Providers, but any such transactions will not be concluded on our website.
12.3. We are not a party to your contracts with Third-Party Providers. Our website only provides information about the services of Third-Party Providers and may provide tools and services to allow you to communicate with them. We are not, and do not become, a party to any contractual relationship between you and the Third-Party Provider and do not mediate between you and the Third-Party Provider in the event of any dispute arising. You acknowledge and agree that you and the Third-Party Provider will be responsible for performing the obligations of any such agreements, and that we are not a party to such agreements, are not acting as an agent on behalf of the Third-Party Provider and disclaim all liability arising from or related to any such agreements.
12.4. We do not recommend third party websites unless we expressly say so on our website. Our website includes hyperlinks to other websites owned and operated by third parties. Unless otherwise expressly stated on our website, such hyperlinks are not recommendations.
12.5. We are not responsible for third party websites. We have no control over third-party websites and their contents, and, subject to clause 17.1 (We do not limit or exclude anything where it would be unlawful), we accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. Our fees
13.1. Our fees are set out on our website. The fees in respect of our Services (inclusive of VAT) will be as set out on the website from time to time.
13.2. You must pay our fees as directed on our website. You must pay to us the fees in respect of our Services in advance, in cleared funds, in accordance with any instructions on our website.
13.3. We may vary our fees. We may vary fees from time to time by posting new fees on our website, but this will not affect fees for Services that have been previously paid. If you use any of our paid subscription Services (such as those described in clause 11.9 (Updates to the documents), we will give you at least 15 days’ notice of any change to our fees by sending you an email with details of the new fees. The revised fees will come into effect on the expiry of that 15 days’ notice. If you do not agree to the revised fees, you can close your account on our website in accordance with clause 14.2 (You may close your account). If you do so:
- (a) our contract with you for any Services we provide to you will end;
- (b) we will refund to you any sums paid by you in respect of Services which would have been provided after the date of termination; and
- (c) we will close your account on our website.
13.4. What to do if you disagree with our fees. If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
13.5. If you make an unjustified charge-back. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
- (a) an amount equal to the amount of the charge-back;
- (b) all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
- (c) an administration fee of GBP 25.00 including VAT;
- (d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this clause (including without limitation legal fees and debt collection fees); and
- (e) for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this clause.
13.6. If you owe us any money, we can suspend or withdraw our Services. If you owe us any amount under or relating to these Terms, we may suspend or withdraw the provision of Services to you.
13.7. We may set off any amount that you owe to us. We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
14. Cancellation right and closing your account
14.1. Cooling-off period. You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
- (a) beginning upon the submission of your offer; and
- (b) ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 14.2.
You do not have to give any reason for your withdrawal or cancellation.
14.2. We may start providing the services earlier. You agree that we may begin the provision of services before the expiry of the period referred to in Section 14.1 (Cooling-off period), and you acknowledge that, if we do begin the provision of services before the end of that period, then:
- (a) if the services are fully performed, you will lose the right to cancel referred to in Section 14.1 (Cooling-off period),
- (b) if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 14.
14.3. When the cancellation right does not apply to our Services. The statutory consumer right to withdraw an offer or cancel a contract within the first 14 days does not apply:
- (a) to our Support Hub Services or Bow Services because we provide those Services to you free of charge; or
- (b) to our Will Services or LPA Services once they have been delivered, due to the personalised nature of those Services and the bespoke nature of the will and LPA documentation.
14.4. How to withdraw an offer or cancel a contract. In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 14, you must inform us of your decision to withdraw or cancel (as the case may be).
14.5. Your cancellation must be sent before the deadline expires. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
14.6. We will refund your payment less any amount for services already provided. If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 14, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in Section 14.2.
14.7. How we will make the refund. We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
14.8. When we will make the refund. We will process the refund due to you as a result of a cancellation on the basis described in this Section 14 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
14.9. You may close your account. You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section unless you do so in the cooling-off period in accordance with Section 14.1 (Cooling-off period), or if you do so because you do not agree to changes to these Terms as explained in clause 3.4 (Changes to these Terms), or because you do not agree to changes to our subscription fees as explained in clause 13.3 (We may vary our fees).
15. If there is a problem with our products
15.1. How to tell us about problems. If you have any questions or complaints about our website, Services or content of our website, please let us know by using one of the contact methods set out in clause 1.2 (How to contact us). We can provide you with our complaints policy upon request.
Upon receipt of a complaint, we will acknowledge it within 3 business days of receiving it. At this point we will either resolve your complaint or inform you of the course of action we are taking to resolve it.
If you are not satisfied with the resolution proposed by our company, you may escalate your complaint to a senior member of staff. The senior member of staff will review the complaint and the investigation, and will provide a final response.
Please note that we are not regulated and you will not be able to make a complaint to the Legal Ombudsman. However, our solicitors are regulated by the Solicitors Regulation Authority and if your complaint is about them specifically, and the service they have provided which has not been resolved within 8 weeks, you have a right to take the complaint to the Legal Ombudsman.
For the Legal Ombudsman, visit www.legalombudsman.org.uk. Call 0300 555 0333 between 8.30 am to 5.30 pm. Email firstname.lastname@example.org. Write to Legal Ombudsman, PO Box 6167, Slough, SL1 0EH.
Normally, you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us about your complaint or within six years of the act or omission about which you are complaining occurring (or if outside of this period, within three years of when you should reasonably have been aware of it).
15.2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to our products. Nothing in these terms will affect your legal rights.
If your product is digital content supplied for a price, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
(a) if your digital content is faulty, you're entitled to a repair or a replacement;
(b) if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back; and
(c) if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
If your product is services supplied for a price, the Consumer Rights Act 2015 says:
(a) you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it;
(b) if you haven't agreed a price beforehand, what you're asked to pay must be reasonable; and
(c) if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
15.3. Insurance. We have professional indemnity insurance in place. Feel free to contact us if you would like more details about the coverage levels.
16. Our website: accuracy and availability
16.1. We do not promise that all information on our website will be accurate or our website will remain available. We do not warrant or represent:
- (a) the completeness or accuracy of the information published on our website;
- (b) that the material on the website is up to date; or
- (c) that the website or any service on the website will remain available.
16.2. We may end or change our Services. We reserve the right to discontinue or alter any or all of our Services, and to stop publishing our website, at any time in our sole discretion without notice or explanation. Save to the extent expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Services, or if we stop publishing the website.
16.3. We do not provide legal advice. The information available on our website does not constitute legal advice and we do not guarantee that it is correct, complete, up to date or suitable to your needs.
17. Limits of our liability to you
17.1. We do not limit or exclude anything where it would be unlawful. Nothing in these Terms will:
- (a) limit or exclude any liability for death or personal injury resulting from negligence;
- (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
- (c) limit any liabilities in any way that is not permitted under applicable law; or
- (d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be affected by these Terms.
17.2. We are not responsible for your losses if our Services are provided free of charge. To the extent that our website and the information and Services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
17.3. We are not responsible for services provided to you by third parties. We accept no liability in relation to any contract you enter into with a Third-Party Provider pursuant to clause 12 (Third-party Services and websites), nor do we accept liability for the acts or omissions of any Third-Party Providers or other persons or parties connected with them. For all such services, your contract will be with the relevant Third-Party Provider and their terms and conditions will apply to the services they provide. These Terms may limit and/or exclude their liability to you, and you should read them carefully before entering into a contract for services with them.
17.4. Responsibility for defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
17.5. Event beyond our reasonable control. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
17.6. Business losses. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
18. If you breach these Terms
18.1. Actions we can take if you breach these Terms. Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
- (a) send you one or more formal warnings;
- (b) temporarily suspend your access to our website;
- (c) permanently prohibit you from accessing our website;
- (d) block computers using your IP address from accessing our website;
- (e) contact any or all of your internet service providers and request that they block your access to our website;
- (f) commence legal action against you, whether for breach of contract or otherwise; and/or
- (g) suspend or delete your account on our website; and/or
- (h) suspend or end our contract for Services with you.
18.2. You must not circumvent our measures. Where we suspend, prohibit, or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
18.3. You must compensate us if you break these Terms. If we suffer a loss as a result of your breaking these Terms, you must compensate us for the net costs of our losses.
19. Other important terms
19.1. We may transfer our rights to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
19.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
19.3. Even if we delay in enforcing our contract with you, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking a contract under these Terms with us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide our Services to you, we can still require you to make the payment at a later date.
19.4. If a court finds part of this contract illegal, the rest will continue in force. If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19.5. Nobody else has any rights under your contract with us. A contract under these Terms is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under a contract under these Terms is not subject to the consent of any third party.
- (a) If you have a complaint. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with our Services or any other matter, please contact us as soon as possible using one of the contact methods set out in clause 1.2 (How to contact us).
- (b) Alternative dispute resolution. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you. We will also give you certain information required by law about resolving disputes through alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
19.7. Which laws apply to this contract and where you may bring legal proceedings. Our Terms are governed by English law and you can bring legal proceedings in the English courts. This provision will not have the effect of depriving you of the protection afforded to you by mandatory provisions of the applicable laws regulating the choice of the governing law and/or jurisdiction in consumer contracts. For example, if you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.