Terms and Conditions
Who we are and how to contact us
We are VitaWill Ltd, a limited company registered in England and Wales under registration number 12813302.
Our registered office address is at 82 Reddish Road, Stockport, Cheshire, SK5 7QU.
Our regulatory information. VitaWill Ltd is not a law firm and is not registered or regulated by the Solicitors Regulation Authority.
You can contact us:
- via email at firstname.lastname@example.org; or
- by post at the address above.
If we need to contact you, we will do so either by telephone or by writing to you at the email address and/or postal address you provided to us in your order.
We may contact you under these terms and conditions using any email address of the domain VitaWill.co.uk (‘*@VitaWill.co.uk’) as well as by other means such as post. However, you should not rely on this email address as evidence that the communication has been sent by VitaWill.
These terms and conditions
These terms and conditions outline how you can use our website, how we will provide services to you, how to change or end the contract between you and us, and what to do if there is a problem. We therefore advise that you read these terms carefully before you place an order with us, and we also recommend that you save or print a copy of these terms and conditions for future reference.
Your acceptance. By using this website and submitting your order, you confirm that you accept these terms and conditions in full. You should discontinue use of this website if you disagree with any of these terms.
Throughout this document, we make use of the wording below:
- "we", "us", "our" means VitaWill Ltd.
- "you", "your", "yours" means the user who orders any Documents and/or Services from us.
- "Website" means https://vitawill.co.uk.
- "Document(s)" means any document that we may sell to you.
- "Services" means the service that VitaWill provides for the purpose of creating, revising, and checking the Documents.
- "Writing" specifically includes email format in instances where we use the words "writing" or "written".
- "Probate Services" means the services provided by VitaWill relating to probate and estate administration.
Completing your order
It is important that you review our Website to check that the Documents and/or Services we offer are suitable for your use before you place an order.
Language and jurisdiction. For the avoidance of doubt, the Documents and Services are provided in English and are suitable for use in the jurisdiction of England and Wales. These Documents and Services are not suitable for you if your permanent home, business, agricultural property, or assets are located outside of England or Wales. You should not use Documents and/or Services in a jurisdiction other than the one it was intended for.
Your details. When registering with us you will be required to provide valid and complete contact details including your date of birth, your residential address, an email address, and a password. You agree that the details you provide us with are accurate and complete at the time of registration and are not false or misleading or misrepresent your identity.
Security best practice. You agree to adhere to best practice in maintaining security as a user and particularly 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.
Our contract with you
We accept your order for Documents and/or Services as soon as we process your order and payment is made, at which point a consumer contract is formed between you and us as governed by English law.
No other person shall have any rights to enforce any of its terms. Any contract made for the Documents and/or Services is solely between you and us. 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.
You agree that Documents and/or Services ordered and purchased from the Website are intended for your use only and that you are not acting as an agent for another party. We shall not be liable for Documents and/or Services provided to any third party.
Alterations. You may only alter the Documents that you purchase through use of the Services within set fields such as the names of beneficiaries, executors, or assets. You will not be permitted to change or alter the main text on the Documents.
Price and payment
The stated price of the Documents is inclusive of VAT. The total price for Documents and/or Services ordered will be displayed on the Website when you place your order. You may use discount vouchers where applicable.
Full payment must be made before the Service can be provided or a Document can be downloaded by you.
Initial subscription fee. The fee for your first Document includes a subscription for use of the Services for one year. At the end of this year, we will automatically charge you an annual fee as indicated on the order pages for the continued ability to use the Services.
Refunds. Should you decide not to sign a Document, the price of the Document will not be refunded.
Supplying our documents and services
We will make Documents available as digital content for download by you as soon as we accept your order. Once purchased, we will supply the Services to you until either you or we cancel the Services as described in these terms.
From time to time we may have to suspend the supply of the Documents, Services and/or Website to implement minor technical adjustments or to make updates to reflect changes in relevant laws and/or regulatory requirements.
We may cancel or suspend your access to Documents or the Services if we consider that you have acted in breach of these terms.
We reserve the right in all cases, at our complete discretion, to decline to offer you Documents and/or Services. Where we have declined your order, we will return any payment in full when we notify you of our decision.
Due to the bespoke nature of the Documents, 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.
You are not entitled to cancel your order or return the Documents unless:
- the file cannot be opened or is corrupted when you try to download the Document; or
- any printed version of the Document ordered is damaged upon receipt.
Notification. You may cancel your subscription to the Services by notifying us online through the Website. To exercise your right to cancel, you must provide us with a clear statement of your decision to cancel the Services. We will acknowledge receipt of such cancellation by email as soon as reasonably practicable.
Use after cancellation. If you cancel the Services, you will be allowed to continue revising your Documents for the remainder of the period you have paid for. You will no longer be allowed to update your Documents after this period has ended unless you pay a rejoining fee to reactivate your subscription (as detailed on the Website).
Probate and estate administration services
Additional terms. The terms and conditions on which VitaWill provides Probate and Estate Administration Services will be provided to you when you instruct VitaWill, or one of our partners, to obtain a grant of probate on your behalf.
Those terms of service will detail, among other things, our fees, the nature of our service, and how we work with third parties.
Our intellectual property rights
We are the sole owners and/or licensees of all intellectual property rights related to the Website and its content. The collection, arrangement and assembly of all content on the Website is the exclusive property of VitaWill and is protected by copyright.
No licence is granted to you to use our intellectual property aside from that which you are permitted to use in accordance with these terms and conditions. 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.
You are granted a non-exclusive, non-transferable licence by us to use our Website and to download and print your purchased Documents.
You retain all intellectual property rights in your data. You grant us a perpetual, irrevocable, transferable, worldwide, royalty free and unlimited licence to use, modify, keep, share, save, copy, and utilise, your data for the purpose of providing the Documents and/or Services to you.
You shall not:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Documents or the content of our Website in any way;
- modify or make derivative works based upon our Service and Website;
- embed a Document as an "iframe" or "frame" from within another application; or
- reverse engineer or access the Website, the Services or Documents in order to
- build a competitive product or service,
- build a product using ideas, features, functions or graphics that are similar to those related to us, or
- copy any ideas, features, functions or graphics of the Website.
Periodic updates. To make sure our Website is as up to date as possible, from time to time we might change the information, content and material available on the Website without notice to you.
Accuracy. Although we make reasonable efforts to ensure that the information available on our Website is correct, accurate, and up to date, the information is provided on an “as is” and “as available basis” and may become out of date over time. All product descriptions displayed on the Website are correct at the time of entry; however, this information may not always reflect the current position at the time you place your order.
No legal advice. The information contained on our Website is general legal information and should not be construed as legal advice to be applied to any specific factual situation. We do not guarantee that this information is correct, complete or up to date and recommend that you obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our site.
Website availability. We aim to have the Website available at all times; however, we provide no guarantee of this, and we cannot accept liability for any issues that this may cause.
When using the Website, you shall not:
- send any email correspondence that has not been suitably scanned for any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of our Website, servers or networks, and the data contained within them;
- attempt to circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service; or
- take any action that imposes an unreasonably or disproportionately large load on our system.
Third-party links. Where there are links on our Website to third party websites which we believe may be of interest to you, these links are provided for your information only. This should not be construed as endorsement of the quality of the goods or services provided by such third parties and as such, we cannot accept any liability for any loss or damage that may arise from your use of them. We have no control over the content or availability of such sites.
Disclaimers and exclusions of our liability to you
VitaWill is not a law firm and is not registered or regulated by the Solicitors Regulation Authority. Any use of our Documents, Services or Probate Services or the Website does not create or constitute a lawyer-client relationship between VitaWill or any employee of or other person associated with VitaWill and you.
Your responsibilities. We cannot accept any responsibility to you if the Documents and/or Services and/or Probate Services you purchased from us are not legally correct for your situation. You must satisfy yourself that the nature of the Services and Probate 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 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 except where you have specifically requested and paid for this service.
When preparing Documents we hold no responsibility and accept no liability for verifying:
- your identity;
- your testamentary and/or mental capacity;
- whether you are or were subject to any undue influence while using the Services or signing your Documents;
- whether you knew, understood, and approved the contents of your Documents;
- whether there were or might be any actual or potential third-party beneficiary(ies) who might have a claim in law against your Estate.
Guidance notes. We have provided guidance notes to assist you with the execution of your Document. It is your responsibility to ensure that the Document is validly executed as your failure to do so will result in an invalid and unenforceable Document. We shall have no liability for the guidance notes or for the enforceability of any Document.
Future updates. We cannot guarantee that the Document you produce will remain up to date, complete and accurate as future changes to the law may render your Document out of date or obsolete. You are responsible for ensuring the terms of your Document remain valid. We are not responsible for notifying you of changes in the law or the impact of these changes on your Document and we accept no liability for these changes.
Jurisdiction. The Documents and Services are suitable for use in the specific jurisdiction of England and Wales. You should make sure you select Documents and Services for the appropriate jurisdiction for you. You should not use Documents in a jurisdiction other than the one they are intended for.
If you live outside of, or have assets outside of, the jurisdiction for which Documents and Services are suitable 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
Free content. We shall bear no liability and offer no warranty whatsoever for Documents which are made available to you to download from the Website free of charge.
Domestic and private use only. We supply the Documents and Services and Probate Services for your domestic and private use only. If you use the Documents and/or Services and/or Probate Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. In no event shall we be liable to you for any loss of profits, loss of data or any indirect, special, or consequential loss.
Limitation of liability. We disclaim any and all liability to you for the supply of the Documents and our Services and our Probate 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.
The limitation of liability set out above does not apply to personal injury or death arising as a direct result of our negligence or any other liability which cannot be excluded or limited under applicable law.
Looking after our customers
We aim to provide high quality and accessible services to our customers and hope you will be pleased with the work we do for you. We constantly seek to improve our service and we monitor our service standards.
Complaint handling. If you are unhappy about any aspect of the service, we have a formal complaint handling procedure (a copy of which can be obtained on request).
To raise a complaint, contact our customer service team at email@example.com. We will acknowledge your complaint within 5 days of receipt and will then investigate the circumstances before writing to you with results (within 56 days of receipt of the complaint).
Dispute resolution. If we are not able to come to a suitable resolution, and you have been advised by a regulated adviser, you may wish to refer your complaint to the Legal Ombudsman (legalombudsman.org.uk, 0300 555 0333, firstname.lastname@example.org, Legal Ombudsman, PO Box 6806, Wolverhampton WV1 9WJ).
You should make your complaint about the adviser to the Legal Ombudsman within 6 months of the end of our complaints handling process.
Please note, the Ombudsman will not accept a complaint if:
- it has been more than 6 years from the date of the act or omission giving rise to the complaint; or
- it has been more than 3 years from the time when you should have known about the complaint; or
- the date of the alleged act or omission giving rise to the complaint was before 6 October 2010.
If you have a complaint about the professional conduct of any of our regulated advisers, you can also refer the complaint to their regulator. To check if a particular adviser is regulated, get in touch with us at email@example.com.
As VitaWill is not a law firm, we are not regulated by the Solicitors Regulation Authority (SRA); therefore, you will not be able to make a complaint about VitaWill Ltd to the SRA or make a claim on the SRA compensation fund.
These terms do not prevent you from seeking other means of redress.
Other important terms
Information request. You are entitled to request a copy of the personal information we hold on you at any time. Please contact us at firstname.lastname@example.org if you wish to request this information.
Limiting our liability for internet fraud. 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, 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.
Our right to subcontract and transfer rights under these terms. We may subcontract any part or parts of the Services and Probate Services and we may assign, novate, or transfer any part or parts our rights and obligations under these terms and conditions to another organisation without your consent or any requirement to notify you.
Separate clauses. 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.
No waiver of rights. 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.