Kwil Terms and Conditions
- These terms and conditions apply to the provision of the will and Lasting Power of Attorney creation service offered by Kwil (Kwil Service) and use of the Kwil Website;
- By proceeding to use the Kwil Service and by proceeding to use the Kwil Website you agree that these terms and conditions apply;
The service provided by Kwil is as described on the Kwil Website. In particular the following should be noted:
- In providing the Kwil Service, Kwil is not providing legal advice and nor are we a law firm regulated by the Solicitors Regulation Authority; we provide a will and Lasting Power of Attorney writing service based on documentation made available to you which you complete at your own discretion. If you require specific legal advice in relation to any matters then you should seek the advice of an independent solicitor;
- Whilst we endeavour to ensure that the Kwil Service creates documents that are legally effective at the time of their creation, it is your responsibility to ensure that your will remains legally valid at all times;
- Our services are personal to you and cannot be used for any business purposes and you are not permitted to resell any part of the Kwil Service; and
- You are responsible for any data which you provide or input in using the Kwil Service and we will not be responsible for any incorrect or inaccurate data used by you or your failure to use the Kwil Service in accordance with the instructions on the Kwil Website.
- The prices for the provision of the Kwil Service are set out on the Kwil Website. You are responsible for paying the prices as advertised.
- Payment shall be made in full at the point of transaction or renewal as appropriate;
- In the event payment is not made by the due payment date, we reserve the right to cancel your access to the Kwil Service without notifying you
Changes to the Kwil Service
We reserve the right to make changes to the Kwil Service from time to time at our discretion. Such changes may include the following:
- Changes to the form of documentation available as part of the Kwil Service;
- Changes to the way we deliver documents as part of the Kwil Service;
- Changes to the Kwil Website and access to the Kwil Service;
- Changes to these terms and conditions.
You and the Kwil Service
In order to use the Kwil Service
- You must be at least 18 years of age;
- You must be a resident of England and Wales; no warranty is given about the validity of the Kwil Service outside England and Wales;
- You shall only use the Kwil Service for personal purposes; rights under this agreement are personal to you and are not transferrable or assignable;
- You shall not resell or attempt to resell or make any commercial gain from the use of the Kwil Service
Delivery of Documents
- We will deliver the documents to you in accordance with the Kwil Service as advertised.
- We will not be responsible for any delay in delivery or non-delivery arising out or circumstances beyond our control including third party deliver organisations.
- Where payment has not been received in accordance with these terms and conditions, we may suspend delivery of documents until such time as payment has been made.
- Where there are any delays in delivery of documents, whether outside our reasonable control or otherwise, we will use all reasonable endeavours to deliver the documents to you as soon as reasonably practicable.
- You will be able to make amendments to your will after the initial purchase but for the purposes of fraud prevention you will not be permitted to change the donor name.
- Once the documents have been delivered to you, you will have no rights to cancel.
All rights in intellectual property, and all rights in applications to the same, arising in connection with the Kwil Service or the Kwil Website shall be owned by Kwil. No rights or licences are granted to any such intellectual property other than as necessary for you to use the Kwil Service and the Kwil Website in accordance with these terms.
- You shall have no rights to copy, distribute, download or exploit any material on the Kwil Website or that forms part of the Kwil Service other than as expressly permitted in accordance with these terms
- You retain all intellectual property rights in your data. You grant us a non-exclusive right to use such data solely for the purpose of providing the Kwil Service, keeping records as necessary for the provision of such Kwil Service or making available to trusted partners where such partners are engaged in providing the Kwil Service.
- As stated in paragraph 2 of these terms and conditions Kwil is not providing legal advice in respect of the Kwil Service.
When making the Kwil Service available, we are unable to verify a number of matters related to the use of the Kwil Service, including
- Any facts about you;
- Your age or capacity to use the Kwil Service;
- Whether you have correctly followed the Kwil Service instructions; or
- Other factors that may affect the validity of documents created using the Kwil Service including but not limited to confirmation by us that the will or Lasting Power of Attorney that you create is suitable for your circumstances
- Accordingly, our maximum liability to you for any claim that you may bring against us in connection with this agreement or the use of the Kwil Service shall be limited to 100% of the amounts that you have paid to us.
- It is your responsibility to ensure that your document is validly executed and we shall have no liability if you fail to properly execute your document.
- If the law changes it may mean that your document becomes outdated or invalid. We are not responsible for notifying you of any changes in the law or the impact that these changes may have on your document. It is your responsibility to ensure that your documents remain valid.
- future changes to your personal circumstances could invalidate your will or LPA. It is your responsibility to ensure that your will or LPA is kept up to date to reflect your circumstances. We shall accept no liability if your documents are invalid because of your change in circumstances from the time you made your wil lor LPA
- Kwil shall have no liability for any indirect or consequential loss or for any loss of profit, loss of business, loss of opportunity or any loss of expectation whatsoever.
- Nothing in this clause shall limit or exclude any liability of Kwil for liability that cannot be limited at law, including
- Any loss arising out of death or personal injury;
- Loss arising out of fraud or fraudulent misrepresentation; or
- Any statutory rights available to you arising in connection with the use of the Kwil Service.
Use of the Kwil Website
- All content included on the Kwil Website, unless data specifically uploaded by users, is the property of Kwil, our affiliates or other relevant third parties. In these terms and conditions, content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of the Kwil Website. By continuing to use the Kwil Website you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights.
- Nothing on the Kwil Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission. You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the content on a computer screen;
- not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content without the written permission of Kwil.
You may not use the Kwil Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Kwil Website or interferes with any other person's use or enjoyment of the Kwil Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
- The Kwil Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Kwil or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on the Kwil Website does not imply any endorsement of the sites themselves or of those in control of them.
- Kwil is under no obligation to update information on the Kwil Website.
- Whilst Kwil uses reasonable endeavours to ensure that the Kwil Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all users take responsibility for their own security, that of their personal details and their computers.
- Kwil accepts no liability for any disruption or non-availability of the Kwil Website or the Kwil Service.
- Kwil reserves the right to alter, suspend or discontinue any part (or the whole of) the Kwil Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Kwil Website unless it is expressly stated otherwise.
- You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
- These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Kwil Service or the Kwil Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
- If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Kwil is a trading name of Socialicity Group Ltd, a company incorporated in England and Wales with registered number 08064992 whose registered office is at 30 Clarendon Road, Watford, Hertfordshire, WD17 1JJ and it operates the Website www.kwil.co.uk. You can contact Kwil by email on firstname.lastname@example.org.