Last updated: 18 June 2018
which you may use this website ("Our Site"). Please read these Terms and Conditions carefully and
ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to
occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions,
you must stop using Our Site immediately.
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
4.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content,
unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United
Kingdom and international intellectual property laws and treaties.
4.2 Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any
other manner re-use Content from Our Site unless given express written permission to do so by Us.
4.3 You may:
4.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
4.3.2 Download Our Site (or any part of it) for caching;
4.3.3 Print one copy of any pages from Our Site;
4.3.4 Download extracts from pages on Our Site; and
4.3.5 Save pages from Our Site for later and/or offline viewing.
4.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must
always be acknowledged.
4.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence
from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site
for general information purposes whether by business users or consumers.
4.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and
Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works', covering in particular the making of temporary copies;
research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review,
quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
5.1 You may link to Our Site provided that:
5.1.1 You do so in a fair and legal manner;
5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
5.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
5.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
5.2 You may not link to any page other than the homepage of Our Site. Deep-linking to other pages requires Our express written permission.
5.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please
contact Us at email@example.com for further information.
5.4 You may not link to Our Site from any other site the main content of which contains material that:
5.4.1 is sexually explicit;
5.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
5.4.3 promotes violence;
5.4.4 promotes or assists in any form of unlawful activity;
5.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion,
nationality, disability, sexual orientation, or age;
5.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
5.4.7 is calculated or is otherwise likely to deceive another person;
5.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person's privacy;
5.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a
way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any
of the other provisions of this sub-Clause 5.4);
5.4.10 implies any form of affiliation with Us where none exists;
5.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to,
copyright, trade marks and database rights) of any other party; or
5.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and
duties of confidence.
5.5 The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that
the primary purpose of the site accords with the provisions of sub-Clause 5.4. You are not, for example, prohibited from
posting links on general-purpose social networking sites merely because another user may post such content. You are,
however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We
neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to
another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those
in control of them.
7.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
Professional or specialist advice should always be sought before taking any action relating to Estate Planning, taxation
and its implications and the effect of any actions.
7.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements,
that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it
will be secure.
7.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not,
however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate,
8.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable
or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in
connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
8.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or
implied) that may apply to Our Site or any Content included on Our Site.
8.3 Our Site is intended for non-commercial use only. If you are a business user, We accept no liability for loss of profits,
sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business
interruption; or for any indirect or consequential loss or damage.
8.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no
liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other
harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result
of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
8.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site
resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications
network failure, natural events, acts of war, or legal restrictions and censorship.
8.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for
death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted
by law. For full details of consumers' legal rights, including those relating to digital content, please contact your local
Citizens' Advice Bureau or Trading Standards Office.
9.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other
internet security risks.
9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically
harmful either to or via Our Site.
9.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any
other server, computer, or database connected to Our Site.
9.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any
9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse
Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully
with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of
such a breach.
10.1 You may only use Our Site in a manner that is lawful. Specifically:
10.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
10.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
10.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus
or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
10.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
10.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this
Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following
10.2.1 suspend, whether temporarily or permanently, your right to access Our Site;
10.2.2 issue you with a written warning;
10.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting
from your breach;
10.2.4 take further legal action against you as appropriate;
10.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
10.2.6 any other actions which We deem reasonably appropriate (and lawful).
10.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above)
that We may take in response to breaches of these Terms and Conditions.
Use of Our Site is also governed by Our Cookie and Privacy Policies which are set out in Schedule 1 to these terms and
12.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use
of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
12.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s),
the provisions current and in effect shall prevail unless it is expressly stated otherwise.
To contact Us, please email Us at firstname.lastname@example.org or using any of the methods provided on Our contact page.
14.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may
relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
14.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 30 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
14.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at email@example.com or via our contact or complaints pages.
15.1 Any and all personal information that We may collect will be collected, used and held in
accordance with the provisions of the Data Protection Act 2018, EU Regulation 2016/679 -
the General Data Protection Regulation ("GDPR"); and your rights and Our obligations under
15.2 We may use your personal information to:
Reply to any communications you send to Us;
Send you important notices, as detailed in Clause 14;
15.3 We will not pass on your personal information to any third parties without your consent.
16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
16.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
16.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
16.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
We understand that your privacy is important to you and that you care about how your personal data is used and shared online.
We respect and value the privacy of everyone who visits this website ("Our Site") and will only collect and use personal data
in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
In this Policy, the following terms shall have the following meanings:
Our Site is owned and operated by Active Wills Limited, a limited company registered in England under Company Registration Number
07673930, whose registered address is The Old Magistrates Court, Cheshire Street, Market Drayton, Shropshire TF9 1PH. Our VAT number is 987 525 955.
4.1 As a data subject, you have the following rights under the GDPR, which this Policy and
4.1.1 Our use of personal data have been designed to uphold:
4.1.2 The right to be informed about Our collection and use of personal data;This privacy notice, together with our Cookies Policy, fulfils our obligation to tell you about the ways in which we use your information as a result of you using this website.
4.1.3 The right of access to the personal data We hold about you (see section 12); You have the right to ask us for a copy of any personal data that we hold about you. This is known as a "Subject Access Request". Except in exceptional circumstances (which we would discuss and agree with you in advance), you can obtain this information at no cost. We will send you a copy of the information within 30 days of your request.
4.1.4 The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14);
4.1.5 The right to be forgotten – From 25 May 2018, you can ask that we erase all personal information that we hold about you. i.e. the right to ask Us to delete any personal data We hold about you. Where it is appropriate that we comply, your request will be fully actioned within 30 days. For further information, please contact 01630 723105 or alternatively, please contact Us via email at firstname.lastname@example.org.
4.1.6 The right to restrict (i.e. prevent) the processing of your personal data;
If you wish us to restrict the use of your data because (i) you think it is inaccurate but this will take time to validate, (ii) you believe our data processing is unlawful but you do not want your data erased, (iii) you want us to retain your data in order to establish, exercise or defend a legal claim, or (iv) you wish to object to the processing of your data, but we have yet to determine whether this is appropriate, please contact Us by email at email@example.com or be telephone on 01630 723105.
4.1.7 The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation) If you would like to move, copy or transfer the electronic personal data that we hold about you to another organisation please contact Us by email at firstname.lastname@example.org or be telephone on 01630 723105.
4.1.8 The right to object to Us using your personal data for particular purposes; and
4.1.9 Rights with respect to automated decision making and profiling. If you would like to object to automated decision making without any individual involvement, and to the profiling of your data please contact Us by email at email@example.com or be telephone on 01630 723105.
4.2 If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 14 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK's supervisory authority, the Information Commissioner's Office.
4.3 For further information about your rights, please contact the Information Commissioner's Office or your local Citizens Advice Bureau.
6.1 All personal data is processed and stored securely, for no longer than is necessary in light of
the reason(s) for which it was first collected. We will comply with Our obligations and safeguard
your rights under the Data Protection Act 2018 and GDPR at all times. For more details on security see section 7, below.
6.2 Our use of your personal data will always have a lawful basis, either
because it is necessary for Our performance of a contract with you, because you have consented to Our use of your personal data (e.g. by subscribing to emails), or because it is in Our legitimate interests. Specifically, We may use your data for the following purposes:
6.3 With your permission and/or where permitted by law, We may also use your data for marketing
purposes which may include contacting you by email and/or telephone and/or text message and/or post with information, news and offers on Our products and/or services.
We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our
obligations under the Data Protection Act 2018 or GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
6.4 Third parties (including but not limited to BBC Corporation, YouTube, Google, Microsoft, Yahoo, HotJar, Tawk.to) whose content appears on Our Site may use third party
Cookies, as detailed below in section 13. Please refer to section 13 for more information on controlling Cookies.
Please note that We do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy policies of
any such third parties.
6.5 You have the right to withdraw your consent to Us using your personal data at any time, and to request that We delete it.
6.6 We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first
collected or to comply with any legal regulatory or reporting obligations or to assert or defend against legal claims.
Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
7.1 We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have
your permission to keep it.
7.1.1 Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states,
plus Norway, Iceland, and Liechtenstein). You are deemed to accept and agree to this by using Our Site and submitting information to Us. If We do store data
outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and in compliance
with the Data Protection Act 2018 including:
126.96.36.199 Encryption at rest and encryption in transit.
188.8.131.52 Secure backups.
184.108.40.206 Strict access controls.
7.2 Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
7.3 Steps We take to secure and protect your data include:
7.3.1 Encryption at rest and encryption in transit.
7.3.2 Secure backups.
7.3.3 Strict access controls.
7.3.4 Regular security audits.
8.1 Subject to section 8.2, We will not share any of your data with any third parties for any purposes without your consent unless we
are legally obligated to do so.
8.2 In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for
example, where We are involved in legal proceedings, where We are complying with legal obligations, a court order, or a governmental authority.
8.3 We may share your data with other companies in Our group details of which are listed in Schedule Two for those purposes stated within
that Schedule Two. This includes Our holding company and its subsidiaries.
8.4 We may sometimes contract with third parties to supply products and services to you on Our behalf. These may include payment
processing, delivery of goods, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all
of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely,
securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
8.5 We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other
information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other
data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers.
Data will only be shared and used within the bounds of the law.
8.6 We may sometimes use third party data processors that are located outside of the European Economic Area (“the EEA”) (The EEA consists
of all EU member states, plus Norway, Iceland, and Liechtenstein). Where We transfer any personal data outside the EEA, We will take all reasonable steps to
ensure that your data is treated as safely and securely as it would be within the UK and under the Data Protection Act 2018 as set out in Schedule Two.
8.7 In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example,
where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
9.1 We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part
of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along
for which it was originally collected by Us.
9.2 In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.
When contacted you will, however, have the choice to have your data deleted or withheld from the new owner or controller.
10.1 In addition to your rights under the GDPR, set out in section 4, when you submit personal data via Our Site, you may be given options to
restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to
opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details.
10.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service ("the TPS"),
the Corporate Telephone Preference Service ("the CTPS"), and the Mailing Preference Service ("the MPS"). These may help to prevent you receiving unsolicited marketing.
Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
11.1 You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site
you may be required to submit or allow for the collection of certain data.
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and
all information in response to your request free of charge. Please contact Us for more details at firstname.lastname@example.org, or using the contact details below in section
13.1 Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and
Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
13.2 By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites,
services, and/or parties other than Us. Third party Cookies are used on Our Site for the purposes of enhancing your browsing experience, demographic analysis, marketing analysis,
advertising, analysis of trends and shopping habits and usability.
For more details, please refer to section 6, above, and to section 13.6 below. These Cookies are not integral to the functioning of Our Site and your use and experience
of Our Site will not be impaired by refusing consent to them.
13.3 All Cookies used by and on Our Site are used in accordance with current Cookie Law.
13.4 Before Cookies are placed on your computer or device, you will be shown a message requesting your consent
to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you
wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended.
13.5 Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be "strictly necessary". These Cookies are shown
below in section 13.6. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies
by changing your internet browser's settings as detailed below in section 13.10, but please be aware that Our Site may not work properly if you do so. We have taken
great care to ensure that your privacy is not at risk by allowing them.
13.6 The following first party Cookies may be placed on your computer or device:
13.7 Our Site uses analytics services provided by Google Analytics, HotJar.com and Tawk.to. Website analytics refers to a set of tools
used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the
services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use
of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
13.8 The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
13.9 The analytics service(s) used by Our Site use(s) the following Cookies:
13.10 In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also
enable you to choose whether you wish to disable all cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For
further details, please consult the help menu in your internet browser or the documentation that came with your device.
13.11 You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our
Site more quickly and efficiently including, but not limited to, login and personalisation settings.
13.12 It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by
the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
Old Magistrates Court, Cheshire Street, Market Drayton, Shropshire TF9 1PH. Please ensure that your query is clear, particularly if it is a request for information about
the data We hold about you (as under section 12, above).
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