1. General
These terms and conditions apply to all persons using the Online Islamic Will website ("the Website") and provide the terms for any contract between you and us if you purchase any products or services offered on the Website including those set out below ("Our Services"). It is important that you and anyone else intending to use the Website or create a Document through our Services has read, understood and accepted these terms and conditions before using the Website or making any purchases.
By using the Website or creating a Document through our Services you acknowledge that you accept all parts of these terms and conditions and confirm that any other person that will create a Document as a result of a purchase made by you through the Website ("Other Party"), is agreeable to and accepts all parts of these terms and conditions. You should not proceed to use the Website, our Services or create a Document unless you and any Other Party are agreeable to and accept these terms and conditions. We recommend that you print and keep a copy of these terms and conditions for your reference. If you have any questions, then please contact us below.
The Website and the related Services are provided by Online Islamic Will. Reference in these terms and conditions to 'we', 'our' or 'us' is a reference to Online Islamic Will.
Online Islamic Will is not your solicitor or legal service and does not practice law or give legal advice. The information provided at this site is not a substitute for the advice of a legal professional. This site and its services are not intended to create a lawyer-client relationship.
Payment for our Services will be made through PayPal and the payment details that you provide when making a purchase will go direct to PayPal and won't be received by us.
2. Services available through the Website ("Services")
Document Preparation Service
The website provides a document preparation service ("Document Preparation Service") designed for use by persons who do not have complicated legal requirements and uses a document assembly and drafting system to create a document ("Document"). You will be asked a series of questions and the answers you give will automatically generate the content of the Document and accordingly it is essential that you provide the correct information (this includes information in relation to the identity of any parties or signatories, their age or capacity). You must carefully check that the final Document produced is correct and fully reflects your wishes.
The Document Preparation Service creates Documents that are suitable for use in England and Wales. You should make sure that you do not use a Document in a jurisdiction other than the one it was intended for. For the avoidance of doubt all Documents will be provided in the English language.
If you have any doubts as to the suitability of a Document for your particular requirements and circumstances, you should take professional legal advice before you create, use, sign or execute a Document.
Online Islamic Will may, where it considers it reasonable to do so, refuse to release to you a Document prepared through the Document Preparation Service. In these circumstances we will notify you and refund any payment you have made.
The responsibility for future reviews of the terms of your Document to ensure that changes in your circumstances, the law, or applicable taxation have not rendered the terms of your Document inappropriate rests with you and we will accept no liability in this regard.
If you are concerned about any of the above, or if you have complicated circumstances (as set out on the Website and the Will Selector tool), we recommend that you seek advice from a solicitor and/or tax specialist.
Data you provide relating to another person
If while using our Services you supply information about another person or other people you thereby confirm that you have their permission to pass their details including any sensitive data to us and for their details to be used in the production of the Document and that they are agreeable to us holding this information and data and to process it in order to produce the Will Document. The personal data you provide about another person or people will only be used in connection with the provision of Services defined above and will be processed in accordance with our Privacy Policy. We may pass such information and data on to third parties that we engage to provide or assist us in providing our Services to you or any Other Party.
You will be provided with instructions on how to sign or execute the Document in accordance with UK law. It is your responsibility to ensure that any Document is properly executed in accordance with any instructions that are provided to you. If you do not follow the instructions we provide a Document may not be valid and where applicable may not be registered by the relevant registration authority. The services provided by any registration authority (for example registration of a Power of Attorney) do not form part of these Services and are not connected with the Online Islamic Will Service and we accept no responsibility for such registration services.
We may store any Document that you create through our Services for a period of time and you consent to us doing so when you accept these terms and conditions. However, any such Document will be deleted after a period of time and we therefore recommend that you promptly download your final Document, make suitable arrangements for the storage of your Will and ensure that your executors have details of where the Will is stored.
Changes to products or services
We reserve the right to withdraw or amend the products and services we offer on the Website without notice. From time to time, we may restrict access to some parts, or all, of the Website without notice. If you are in the process of creating a Document when a material change is made to it, you will be entitled to request a refund of any sum you have paid for that Document if you decide that no longer want it.
Engaging third parties to provide our Services
We may engage the services of third parties to provide or assist us in providing our Services to you and any Other Party. You agree that we may pass on to such third parties that we engage for this purpose, any data or information that you provide to us when using our Services. By using or purchasing a Service you confirm that you have also obtained the consent of any Other Party and anyone else that you or any Other Party provide data and information about when using the Document Preparation Services, to their data and information being passed on to a third party in the way described above.
3. Your use of the Website
(i) Content provided on the Website
We aim to update the Website regularly and may change the content at any time without notice. However, we do not guarantee that the information provided on the Website is up-to-date, complete and accurate at any given time.
Unless otherwise indicated, all rights (including but not limited to copyright) in the design, text, graphics, software and other content and materials on the Website ("Content") are owned or controlled for these purposes by Online Islamic Will.
(ii) Third party content and linking
There may be links from the Website to other websites operated by third parties. We do not endorse these third parties and we do not have any control over the nature or accuracy of content on these websites.
You should not establish a link to the Website from any other website without our prior written consent.
(iii) Availability of the Website
Reasonable efforts will be made to keep the Website available for use. However we can't guarantee the Website will be available all the time.
If you are having problems accessing the Website, then please contact us using the details below.
(iv) Viruses, security and your use of the Website
Due to the nature of the internet and the possibility of third party interference, the Website is not guaranteed to be free of all viruses and technical defects of any description or any forms of computer misuse. We will not be liable for any damage or loss caused by such third party interference as a result of your use of the Website.
We recommend that you take back-up copies of your data and appropriate precautions to protect your computer systems against technical defects, viruses or computer misuse.
Any user identification code, password or any other piece of information forming part of our security procedures ("Security Details") should be kept confidential and should not be disclosed to any third party. You should log out when not using the Website to prevent unauthorised access. Please notify us at info@onlineislamicwills.co.uk if you suspect any unauthorised use of your Security Details.
4. Other Important Information
(i) Cancellation and refunds
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract. You will, however, lose the right to cancel if the service is fully performed during the cancellation period. The service will be fully performed when you have completed 100% of the Document template.
If you have not completed the Document creation, you can cancel by emailing info@onlineislamicwills.co.uk.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
(ii) Solicitor/client relationship
No solicitor/client relationship is established by use of the Website or our Services. Sending or receiving information through the Website does not establish a solicitor/client relationship.
(iii) Limits on our responsibility and liability
The following provisions set out our entire financial liability for direct or indirect loss (including any liability for the acts or omissions of our employees, agents and sub-contractors).
We will not have any responsibility for the following:
- verifying your authority or capacity to create a Document, or your answers or any information given by you when using the Document Preparation Service;
- proofreading data you have input for typographical errors;
- any alterations made by you or on your behalf to a Document once it has been made available to you;
- supervising or checking the due and proper execution of any Document;
- any use of a Document or execution of a Document by a person or entity outside of the chosen jurisdiction;
- any document that has not been created through our Services;
- providing any legal advice in relation to any Document. Consequently we shall not be responsible for any adverse consequences if you use any Document without taking appropriate legal advice as to its suitability for your particular circumstances;
- undertaking any future review of any Document or for providing any ongoing advice, legal or otherwise, as to the continued effectiveness for legal, taxation or any other purpose of any Document;
- any damage or loss you may suffer as a result of your use of a third party's website that we have provided a link to from the Website;
- any damage or loss suffered as a result of any unavailability of the Website;
- loss or corruption of data or information caused by any computer virus or technical defect transmitted through your use of our Services or in any email transmission; or
- any delays or failure in performance under these terms and conditions resulting from acts beyond our control, including but not limited to acts of God, acts or regulations of any governmental or supranational authority, war or national emergency, terrorist activities, accident, fire, electricity failure or power cuts or server malfunction. With respect to a Will or a Codicil, in addition to the above, we have no responsibility and will accept no liability for verifying:
- the identity of the testator;
- that the testator is over 18 years of age;
- the testamentary and/or mental capacity of the testator;
- whether the testator or any other person was subject to any undue influence when using the Document Preparation Service;
- whether the testator knew, understood and approved the contents of their Will or Codicil;
- whether there were or might be any actual or potential third-party beneficiary(ies) who might have a claim in law against the estate; or
- that an existing will being amended by a Codicil created through our Services complies with required legal formalities or that when the Codicil is properly executed the amended will could be acted upon in the future.
Nothing in these Conditions shall affect your statutory rights as a consumer.
(iv) Keeping a record of your Document
We will retain any details that you provide and Documents that you have created using the Document Preparation Service in electronic form for as long as is necessary for us to provide the relevant service and for our own legal and administrative purposes.
We recommend that you promptly download your final Document and make suitable arrangements for its storage and ensure that anyone that you are expecting to take action on the Document (for example the executors named in a Will) has details of where the Document is stored.
(v) Third party rights
No person other than you (such as any beneficiary of a Will) has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
(vi) Data, Privacy Policy and Cookies
We will process personal data that you provide to us in accordance with these terms and conditions and our privacy policy: http://www.onlineislamicwill.co.uk/privacy-policy.
Information about the cookies used in the provision of our Services can be found in our privacy policy at: http://www.onlineislamicwill.co.uk/privacy-policy
(vii) Recording and Reviewing Calls and Emails
We (or companies acting on our behalf) may record and review telephone calls or emails to enable us to monitor quality standards and for training purposes.
(viii) Modifications to these terms and conditions
We reserve the right to change the terms, conditions, and disclaimers under which the Website or any of our Service is offered. Any such changes made by us shall not alter the terms that applied to purchases you made or your use of our Services before the date of the change.
(ix) Governing Law and Jurisdiction
These terms and conditions and any non-contractual obligations arising out of or in connection with these terms and conditions are subject to the law of England and Wales and any disputes will be dealt with exclusively by the Courts of England and Wales.
Any provision of these terms and conditions which are declared void or unenforceable by any competent authority or court shall to the extent of such invalidity or unenforceability be deemed severable and the other provisions of these terms and conditions shall continue unaffected.
(x) Website Access facility
We have a facility that enables us to access your account, or any Documents you have created or started, and perform actions as if we were you. We will only ever use that facility when it is necessary in order to action a support request that you have made to us, whether by email or by telephone. You consent to us using this facility in this way when you accept the terms and conditions. By accepting the terms and conditions, you also agree to comply with the instructions we may give you to ensure that the use of this facility is effective. For the avoidance of doubt, we shall not ever, unless you are on a telephone call with us at the time and specifically provide your consent, use this facility to accept any contractual terms or other legal acknowledgements, or to make any payments, on your behalf.
(xi) Contacting us and complaints
You can contact us at:
Email: info@onlineislamicwill.co.uk
If you are unhappy about any aspect of our Services, then please let us know by contacting us on the above email. We will usually respond to your complaint within 7 working days.