Terms and Conditions relating to the use of the UK Professional Will Registry Website by businesses and individual consumers.
Please read these terms and conditions very carefully before joining the Service.
By joining the Service you agree to be bound by these terms.
“the company” means UK Professional Will Registry Company Number 5742256 whose registered Office is at 86 Bridge Street, Worksop, Nottinghamshire, S80 1JF
“a consumer” means a consumer as defined in the Unfair Contract Terms Act 1977 as amended and the Unfair Terms in consumer Contracts Regulations 1999
“conditions” means these terms and conditions including our privacy policy.
“us, we and our” means the company
“you and your” means you the business or individual that uses this site.
“the service” means the storage of information relating to the whereabouts of a Will and the procurement of that information.
“professional ” means companies, partnerships, limited liability partnerships other organisations or sole traders that use the service for the purposes of imputing information relating to the whereabouts of their clients wills and codicils.
“enquirer” means the company, partnership, limited liability partnership other organisation or Individual who uses the service to make an enquiry
“enquiry” means a request by an enquirer as to the whereabouts of a will
We warrant that the registration of the whereabouts of a Will by way of the service will be held by us for at least five years from 1st June 2006. For the avoidance of any doubt we reserve the right to terminate new registrations of Wills through the service at any time and to terminate the procurement of information relating to the whereabouts of a Will registered through the service on or after 1st June 2011
This site is targeted at English, Welsh, Scottish and Northern Ireland residents only. If you are not a resident of those countries DO NOT USE THIS SITE. In using the service you are representing to us that you are a resident of those countries. This is a representation on which we rely in permitting you to use this service.
The service can only be used by those aged 18 years or over. By using this service you confirm that you are aged 18 or over.
You warrant to us that all information that you provide to us is true and accurate, current and complete in all respects.
It is the sole responsibility of a professional to ensure that the professional has all permissions it requires for registering the details of a client’s will and any codicil on this site and that those details be available to an enquirer. In the event that the professional does not have all such permissions the professional should not register its client’s will and any codicil.
The enquirer warrants that all information the enquirer has provided in order to make an enquiry is completely and wholly accurate.
The enquirer fully indemnifies us from all liability of whatever nature to any party arising directly or indirectly due to the enquirer’s improper use of the service or the enquirer’s input of inaccurate or incomplete information into this site.
It is the sole responsibility of a professional to make a new registration in th event that it’s Clients makes a new will or a codicil or moves either from their original location. We do not warrant the accuracy or continuing accuracy of the information put onto this site by the professional.
We have not checked the contents or validity of any will, the whereabouts of which is stored by us.
By accepting these terms and conditions you authorise us to use and retain all information that you have provided to us, including where relevant your name and contact details.
As a professional you warrant that you have the full and unrestricted authority of your client to provide to us all information you have provided to us.
The validity, construction and performance of this agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of an English Court to which you and us submit.
For the purpose of the Contracts (Rights of Third Parties Act) 1999 and notwithstanding any provision of this agreement, this agreement is not intended to and, does not, give any person who is not a party to it any right to enforce any of its provisions.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses, (including loss of profits, business or goodwill) howsoever arising out of our provision of the service and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the services.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you may have as a consumer under applicable local law or under statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these conditions, all notices to us from you must be in writing and sent either by e-mail to [insert e-mail address] or our registered office at 86 Bridge Street, Worksop, Nottinghamshire S80 1JF and all notices from us to you will be displayed on our website from time to time.
If there is any part of these terms and conditions that are enforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.
These terms and conditions, together with our current website fees, contact details and privacy policy set out the whole of our agreement relating to the supply of the service to you by us. Nothing said by any other person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of these services.
We are the proprietor of the domain name ukprofessionalwillregistry and the company name UK Professional Will Registry Limited. All other trademarks, brand names, product names and titles and copyrights used on this site are trademarks, brand names, product names or copyrights of their respective holders.
Our aim is for your use of the service to be uninterrupted, for it to be available at all times and for any communications to be wholly accurate. However, we cannot always achieve this. The internet itself is always at risk from interruption. Sometimes we need to suspend or reduce the service for upgrades, repairs and maintenance. We will endeavour to do this at times that are the least inconvenient and as quickly as possible.
For the avoidance of any doubt you have agreed to receive electronic communications from us and that electronic communication will satisfy all requirements for communications or notices to be in writing. Your statutory rights are not affected.
We reserve the right to alter the service and these terms and conditions at any time. You will be subject to the terms and conditions in force when you use the service.
We will not be responsible for our failure to comply with our duties under the terms and
conditions or any delay in doing so if the failure or delay is for any cause which is beyond our reasonable control. Your statutory rights are not affected.
Should you breach the terms and conditions and we do not take any action our rights and remedies under these terms and conditions remain.
This site is the exclusive copyright of UK Professional Wills Registry Limited
We cannot guarantee the accuracy of any information contained in any websites which can be accessed by you through this site. The contents of such websites is the sole responsibility of the host of that site.
These terms and conditions supersede all previous issues.
Our current charges are set out in full on the site. We reserve the right to change our prices without notice.
All charges, prices and fees are inclusive of Value Added Tax.
If you have any comments or complaints these should be sent to us by e-mail to [insert specific e-mail address]
29.1 We reserve the right to end or suspend your use of the service at any time in the event that we are of the reasonable opinion that you are in breach of any of the conditions. This right to terminate your use of the service includes our right to terminate prior to our completion of our obligations regarding the retrieval of data pursuant to the service. Further we can prevent your future use of the service if we are of the reasonable opinion that you are in breach of any of the conditions.
29.2 Any provision of this agreement which seeks to exclude limit of the liability of us for breach of the terms implied by the Supply of Goods and Services Act 1982 shall not apply where you are a consumer.
30.1 You or us can terminate this agreement at any time upon notice by electronic mail to the other party.
30.2 If you fail to pay any sums that are due to us under this agreement or in our reasonable opinion you are in breach of any of the conditions then we may suspend your use of the service until all outstanding payments have been made and any breaches capable of being remedied have been so remedied.
30.3 If you are suspended from the use of the service in the manner set out above then we reserve the right to advise any Enquirer that the information they require is not available because you have been suspended from using the service and further we reserve the right to charge that Enquirer a reasonable fee for producing a response to that Enquiry.
30.4 You warrant to us that in the event that you are suspended from the use of the service in the manner mentioned above you will immediately advise all clients of yours whose data has been stored by way of the service that your use of the service is suspended.
We may transfer any of our rights or obligations under the terms and conditions to any other party at any time without notice to you and without needing your permission.
By allowing a professional to register to use the service we do not endorse that professional nor in any way guarantee or warrant any service the professional provides including use of the service nor in any way endorse that professional.
We warrant that we will provide the service with reasonable care and skill.
(The regulations)
The regulations give you a legal right to cancel the order you have given to us to provide the service.
This right to cancel only applies to enquirers who are consumers and not to any other enquirer or a Professional.
You can cancel this agreement at any time before you request confirmation of the location of a Will pursuant to the service. Thereafter you right to cancel this agreement ends.
You can cancel this agreement up to seven days from accepting these terms and conditions as long as we have not commenced the provision of the service. Once we commence providing the service you right to cancel under the regulations ends.
The pofessional’s use of the system is commercially confident
The information stored by way of the service is commercially confident and should only be used for bona fidepurposes
36.1 A professional must re-register with the service on the fifth anniversary of their initial registration.
36.2 We warrant that we will send to you not less than six automated e-mail messages to the e-mail address of the professional we hold in our records reminding the professional to re-register with the service.
36.3 If a professional does not re-register with the service in the manner above then we reserve the right to
(a) for the period of 12 months from the date upon which the professional should have re-registered with the service in the manner above, to provide the service to an enquirer making an enquiry regarding a Will that was registered through the offices of that professional at a fee that we shall determine and
(b) after that 12 month period to write directly to the professional’s client inviting that client to register the whereabouts of their will (or any other documentation at that time the whereabouts of which is recorded with the service) upon payment of a fee.
If you use the site as a Professional you agree to fully indemnify us from and against all damages, claims, liability, losses, expenses and costs arising out of your breach of the conditions or your use of the service or anybody accessing the service using your account.
A Professional must not allow any other party to use the service by way of that Professional’s registration with the service and must ensure that the Professional’s password is at all times kept secure and safe and only used by the Professional and its employees.
By clicking on the I AGREE button on the electronic copy of the terms and conditions on our site you agree to be bound by the terms and conditions and our privacy policy and any modification of the same pursuant to the terms and conditions.