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The Inheritance Guide

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1. INTRODUCTION

1.1 TheInheritanceGuide.com (the "Website") is owned and provided by The Inheritance Guide Limited (registered in England and Wales with company number 077888113) whose registered address is at Amerie Court, 100 Newlands, Pershore, Worcestershire, England, WR10 1BP. Our VAT number is [ ].

1.2 In these Terms of Use, "we", "our" and "us" means The Inheritance Guide Limited trading as TheInheritanceGuide.com and "you" and "your" means any person who accesses and uses the Website.


2. GENERAL

2.1 Access to and use of the Website is subject to these Terms of Use and our Privacy Policy. By accessing and using the Website you agree to be bound by and act in accordance with these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, you are not permitted to access or use the Website and you should cease such access and/or use immediately.

2.2 If you breach any term of these Terms of Use, your right to access and use the Website will cease immediately.

2.3 We reserve the right to amend these Terms of Use from time to time without notice. The amended Terms of Use will be effective from the date they are posted on the Website. As these Terms of Use may be amended from time to time, you should check them whenever you visit the Website. Your continued use of the Website will constitute your acceptance of the amended Terms of Use.


3. OUR SERVICE

3.1 We provide an independent online service which assists in the administration of an estate that requires a Grant of Probate and enables you to receive property, insurance, financial and other products or services provided by our selected third parties. Our service is free for you to use. We will introduce you to selected third parties who provide products or services. We are paid by charging those third party product or service providers a fee and/or commission for introductions made.

3.2 We also provide a service which enables you to obtain advice and assistance offline (for example over the telephone) after using the Website from a third party advisor in connection with certain financial and other products or services. We do not charge you any fees or commissions for this service. We are paid by charging those third party product or service providers a fee and/or commission for introductions made.

3.3 Please be aware that nothing on the Website is, or shall be deemed to constitute, an offer by us or any third party to sell to you any product or service or to enter into any contract with you in respect of any product or service.


4. PERMITTED USE

4.1 You are only permitted to access and use the Website for your personal, non-commercial purposes, meaning the Website may only be accessed and used directly by a private individual. Access to and use of the Website other than for your personal, non-commercial purposes is strictly prohibited.

4.2 You are not permitted to use the Website:

4.2.1 in any unlawful, fraudulent or commercial manner;

4.2.2 to tamper with, modify or reverse engineer any part of the Website;

4.2.3 in a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems as determined by us; or

4.2.4 using any automated software, process, program, robot, web crawler, spider, data mining, trawling or other ‘screen scraping’ software, process, program or system.

4.3 Any material you upload to this website will be considered non-confidential and non-proprietary, and we have the right to retain, use, copy, distribute and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to this website constitutes a violation of their rights.


5. CONTENT STANDARDS

5.1 These content standards apply to any and all material which you upload, post or otherwise contribute to this website, and to all interactive services provided on the Website. The standards apply to each part of any contribution as well as to its whole.

5.2 Contributions must: -

5.2.1 be accurate (where they state facts);

5.2.2 be genuinely held (where they state opinions);

5.2.3 comply with applicable law in the UK and in any country from which they are posted.

5.3 Contributions must not: -

5.3.1 contain any material which is defamatory of any person;

5.3.2 contain any material which is obscene, offensive, hateful or inflammatory;

5.3.3 promote sexually explicit material;

5.3.4 promote violence;

5.3.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

5.3.6 infringe any copyright, design right, database right, trade mark or any other intellectual property rights of any other person;

5.3.7 be likely to deceive;

5.3.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

5.3.9 advocate, promote or assist any illegal activity or unlawful act;

5.3.10 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

5.3.11 be likely to harass, upset, embarrass, alarm or annoy any other person;

5.3.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or

5.3.13 give the impression that they emanate from us, if this is not the case.

5.4 Failure to comply with these contents standards constitutes a material breach of these Terms and may result in our taking all or any of the following actions:-

5.4.1 immediate, temporary or permanent withdrawal of your right to use the Website;

5.4.2 immediate, temporary or permanent removal of any posting, message or material contributed by you to the Website;

5.4.3 issue of a warning to you;

5.4.4 legal proceedings against you for appropriate court orders, compensation and/or reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or

5.4.5 disclosure of such information to law enforcement authorities as we reasonably feel is necessary or are required to disclose.

5.5 The responses described above are not limited, and we may take any other action we reasonably deem appropriate in whatever order we so choose.

5.6 We will not check the accuracy of any data, material or information that you input on the Website. It is your responsibility to check and review your information at each stage to ensure that you are complying with the above content standards.

5.7 We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data you provide on the Website or a third party website accessed through the Website is not correct, complete and accurate, if it is misleading or if you fail to disclose all relevant facts.

5.8 We have the right to remove any material or posting you make on this website if, in our opinion, such material does not comply with the content standards set out above.

5.9 You agree that you will be liable to us for any damage, loss, claim, demand, liability or expense (including reasonable legal fees) that we may suffer or incur arising out of or in connection with your conduct on the Website and/or your contributions.


6. LINKS

6.1 You may create and operate a link to the Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by us. You must not create or operate a link to the Website in such a way as to suggest or imply any form of association, approval or endorsement by us. We reserve the right to oblige you to immediately remove any link to the Website at any time.

6.2 The inclusion of links to third party websites contained on the Website does not mean that we endorse such third party websites or the information, opinions, advice, products or services offered by them.

6.3 A third party website accessed from a link on the Website or through an email from us as a result of viewing the Website is independent from ourselves and we have no control over the content and/or management of that website. You view and rely upon the contents of any such third party websites at your own risk. We accept no liability to you for the contents of and/or information on any third party website or any email from us as a result of viewing the Website.

6.4 We do not guarantee that any links to third party websites contained on the Website will function correctly.

6.5 Your use of any third party website will be governed by the terms and conditions of use and privacy policy applicable to that website. Such terms and conditions of use and privacy policy may be different from these Terms of Use and our Privacy Policy. It is your responsibility to ensure that you understand and agree with the terms and conditions of use and privacy policy of any third party website before using that website. We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions of use or the privacy policy applying to any third party website or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions of use and/or privacy policy.


7. INTELLECTUAL PROPERTY RIGHTS

7.1 The Website design, text, know how, pictures, information, graphics and the selection and arrangement of them, software compilations, coding, underlying source code, software and all other material on the Website and the intellectually property rights in them are owned by us or our licensors and all such rights are reserved. Infringement of any rights in the Website or the materials associated with the Website may lead to criminal and/or civil sanctions in the UK, US and other countries.

7.2 You may temporarily print, copy, download or store extracts of information, content, material or data displayed on the Website for your own personal use, subject to the following conditions:

7.2.1 you must not modify the paper or digital copies of such information, content, material or data.

7.2.2 they may not be used for any commercial purposes and may not be commercially exploited, published, distributed, extracted, re-utilised or reproduced without our prior written consent.

7.2.3 images displayed on the Website are protected by copyright and may not be reproduced or appropriated in any manner without the prior written consent of their respective owner(s).

7.2.4 no logos, trademarks or service marks displayed on the Website may be printed or downloaded, except as part of the text of which they form part.

7.2.5 they may not be excerpted, utilised, used, reproduced, published, reformatted and/or displayed on any other website without our prior written consent.

7.2.6 the status of us and our licensors as the authors of such information, content, material or data must be acknowledged.

7.3 If you believe that any content of the Website in any way infringes intellectual property rights belonging to you or any third party please contact us immediately identifying your rights, the material you claim is infringing your rights and your full contract details.


8. VIRUSES

8.1 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.

8.2 We do not, to the maximum extent permitted by law, accept any liability for any virus or similar destructive code which computer equipment and/or software used by you may suffer as a result of your accessing the Website and/or any other communication via the internet between you and us.

8.3 You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide (including User Content) is free from viruses, spyware, malicious software, trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of the Website or the websites of third parties or any other technology.

8.4 You must not introduce any viruses, worms, trojan horses, logic bombs or other similar destructive code to this website, attempt to gain unauthorised access to this website, the servers on which it is stored or any server, computer or database connected to this website, nor attack this website using a denial of service attack. To the extent that you do any of these things, we may report such activities and disclose personal data relating to you to any relevant law enforcement agency.


THE FOLLOWING SECTIONS ARE IMPORTANT AND YOU SHOULD READ THEM CAREFULLY AS THEY EXCLUDE OR LIMIT OUR LIABILITY TO YOU AND DETAIL YOUR RESPONSIBILITIES.


9. EXCLUSIONS OF LIABILITY

9.1 Neither we nor any of our affiliates, directors, employees or other representatives will be liable for losses arising out of or in connection with the use of and/or inability to use the Website.

9.2 We provide the Website and its contents on an "as is" basis and for general information only. Therefore no professional or business relationship between you and us is established by your use of the Website or by our exchange of information. The content included on the Website does not constitute advice on any specific matter and it is not a substitute for independent advice. We will not be liable for any losses arising out of any reliance placed on the content of the Website by you, or any person informed of its contents.

9.3 We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on the Website without notice from time to time. We will not be liable if for any reason the Website or any part of it is unavailable at any time or for any period. While every effort has been made to ensure the content of the Website is accurate and up to date we make no (and expressly disclaim all) representations or warranties, express or implied, of any kind with respect to the Website or its contents including, but not limited to, the accuracy or completeness of the Website and its contents and/or any warranties of merchantability and/or fitness for a particular purpose.

9.4 We are not responsible or liable for any indirect losses or damages suffered or incurred by you or for any losses or damages suffered or incurred by you which were not foreseeable by us when you accessed or used the Website.

9.5 We are not liable to anyone else, including (but not limited to) the executors or administrators, the surviving spouse or civil partner, the beneficiaries, the estate’s creditors, The Probate Service or HM Revenue & Customs.

9.6 The limitations of liability in relation to the Website apply to all damages of any kind, including (without limitation) direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

9.7 The limitations of liability in relation to the Website do not limit our liability to the extent that it cannot be limited and/or excluded by applicable law, including the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.

9.8 Except as expressly provided elsewhere in this agreement, a person who is not a party to these Terms of Use shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the terms herein.


10. EXCLUSION OF OUR LIABILITY IN RESPECT OF ASSISTANCE, WEBSITES AND PRODUCTS OR SERVICES

10.1 Please be aware that the information and descriptions of products and services on the Website may not represent the complete descriptions of all the features and terms and conditions of those products and services. You must ensure that you carefully read all the features and terms and conditions of any product or service before applying for it.

10.2 Please be aware that whilst the Website provides information on a wide range of products or services, there may be other products or services available on the market which are not shown on the Website and which may be more appropriate or suitable for you than those shown on the Website.

10.3 The Website is not suitable for all estates and it is not a comprehensive solution. We cannot accept responsibility for the appropriateness of the Website for the estate in question.

10.4 The Website is only intended for use by residents of the England and Wales. We make no warranty or representation that any product or service referred to on the Website and/or any service we provide is available or otherwise appropriate for use outside of the England and Wales. If you choose to use the Website from locations outside the England and Wales, you do so at your sole risk and you are responsible for compliance with all applicable local laws.


11. YOUR RESPONSIBILITIES

11.1 If you are not an executor or administrator, you must have express verbal or written authority from all executors or administrators connected to the administration of the relevant estate to use the Website [and input the relevant information in connection with the administration of the estate]. The executors or administrators are ultimately responsible for the probate process and you confirm that they are fully aware of their responsibilities.

11.2 The Website is provided solely for your benefit and is intended for use by you alone. You may not register on another person’s behalf, though this does not affect your right to use the Website on behalf of the executors or administrators, as described above.

11.3 You may complete a registration process as part of your use of the Website which may include the creation of a username, password and/or other identification information. Any username, password and/or other identification information must be kept confidential by you and must not be disclosed to, or shared with, anyone. Were you do disclose to or share with anyone your username, password and/or other identification information, you are solely responsible for all activities undertaken on the Website using your username, password and/or other identification information.

11.4 You must get permission from any other person about whom you propose to provide information before you provide it. In submitting any other person’s details, you are confirming to us that you have their permission to do so and that they understand how their details will be used.

11.5 You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and that they comply with them.


12. ADDITIONAL INFORMATION

12.1 Forms, letters and the probate reports on our Website can be electronically downloaded into your browser or PDF format. You will need Adobe Reader (free software). You can download Adobe Reader from http://get.adobe.com/reader.

12.2 Forms and letters must be printed and signed. You will need access to a printer.

12.3 We do not provide physical delivery of documents.

12.4 You are liable for any telephone charges and any charges made by your internet service provider as a result of your use of the Website.


13. PRIVACY

13.1 We are committed to protecting your privacy and we treat your privacy very seriously. We process information about you in line with our Privacy Policy. By using the Website, you agree to the way in which we process and deal with the information you are providing.

13.2 We may disclose your personal information or access your account if required to do so by law, any court, the Financial Services Authority, the Financial Conduct Authority or any other applicable regulatory, compliance, Governmental or law enforcement agency.

13.3 You must be at least 18 years of age to agree to these Terms of Use. If you are under 18 but at least 13 years of age, you must present these Terms of Use to your parent or legal guardian for them to review and accept on your behalf. Children under the age of 13 may not register on the Website and parents or legal guardians may not register on their behalf. We will not knowingly retain any personal information submitted by children under the age of 13.

13.4 By using this Website, you represent that:

13.4.1 you are at least 18 years of age, accepting these Terms of Use for yourself or as a parent or legal guardian, accepting these Terms of Use on behalf of your child or child legally in your care; and

13.4.2 you understand and agree to be bound by these Terms of Use. Any parent or legal guardian accepting these Terms of Use on behalf of a child under the age of 18 understands and agrees to be responsible for any financial charges and/or legal liabilities incurred on the Website.


14. MISCELLANEOUS

14.1 If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these Terms of Use and the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected.

14.2 These Terms of Use constitute the entire agreement between you and us relating to your access to and use of the Website and supercede any prior agreements (including any previous terms of use of the Website).

14.3 No failure or delay by us in exercising any right under these Terms of Use will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.


15. GOVERNING LAW

The English courts will have exclusive jurisdiction over any claim brought by you arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.


16. FURTHER INFORMATION

If you have any concerns about material which appears on this website, please contact us at enquiries@theinheritanceguide.com.

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