Smart-Will's, Probate & Property.

Smart-Will App Terms of Use

PLEASE READ THESE TERMS CAREFULLY

By downloading and using the app, checking the in-app Terms & Conditions Acceptance Box, you agree to these terms. If you do not agree to these terms, do not download or use the app and delete the app from your device.

Who we are and These Terms

Who we are. We are C. J. Fisher & Co Ltd, trading as “Smart-Will”, a company registered in England and Wales. Our company registration number is 11749223 and our registered office is at 10/12 Upper Dicconson Street, Greater Manchester, WN1 2AD

How to contact us. You can contact us by writing to us at hello@smartwill.app.

How we may contact you. If we have to contact you we will do so by writing to you at the email address provided to us when registering an account on the App.

“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

what These Terms do

We license you to use the Smart-Will mobile application software (the “App”) and any updates or supplements to it as permitted in these terms.  You may also use the App to create and manage a will and associated services (the Smart-Will Services) under these terms.

These terms tell you who we are, how you can use the App, how we provide services to you, how you and we may change or end the contracts for Smart-Will Services, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. Next time you use the App following any changes to these terms, you will be asked to agree to the amended terms before you can use the App. If you do not accept the changes you will not be permitted to continue to use the App and the Smart-Will Services.

Your privacy

We only use any personal data we collect through your use of the App and the Smart-Will Services in the ways set out in our privacy policy.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

APPSTORE’S terms also apply

The ways in which you can use the App may also be controlled by the iTunes or Google Play rules and policies. See your relevant app supplier for more details.

We may end your rights to use the App and Smart-Will Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Smart-Will Services:

• You must stop all activities authorised by these terms, including your use of the App and any Smart-Will Services.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
• We may remotely access your devices and remove the App from them and cease providing you with access to the Smart-Will Services.

Using the App

Operating system requirements

The iOS (Apple) version of the App requires an iPhone or iPad device with a minimum of 1GB of available memory, and an operating system of iOS9 or above.

The Android version of the App requires a Mobile Handset / Tablet device with a minimum of 1GB of memory and the Android or Android Distribution with all core native Android features operating system 5.0.

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or have any problems using it please contact our customer service team via hello@smartwill.app.

Contacting us (including with complaints). If you think the App or the Smart-Will Services are faulty or misdescribed or wish to contact us for any other reason please contact our customer service team via hello@smartwill.app.

How you may use the App

In return for your agreeing to comply with these terms you may:

• download or stream a copy of the App onto one mobile telephone or handheld device onto which the App may be downloaded and view, use and display the App and the Service on such devices for your personal purposes only; and
• receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

You must be 18 to accept these terms and Use the app

You must be aged 18 or over to accept these terms and use the App.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Smart-Will Services as set out above see “HOW YOU MAY USE THE APP” above. You can only access the Smart-Will Services through a unique account (see below) and you may not transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

Intellectual property rights

All intellectual property rights in the App and the Smart-Will Services throughout the world belong to us and the rights in the App and the Smart-Will Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Smart-Will Services other than the right to use them in accordance with these terms.

Update to the App

From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Smart-Will Services.

The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

We may collect technical data about your device

By using the App or any of the Smart-Will Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Smart-Will Services to you.

We are not responsible for other websites you link to

The App or any of the Smart-Will Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

• except in the course of permitted sharing (see section on “HOW YOU MAY USE THE APP“) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Smart-Will Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the App or Smart-Will Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Smart-Will Services nor permit the App or the Smart-Will Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Smart-Will Services on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Smart-Will Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
• is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software that is substantially similar in its expression to the App;
• is kept secure; and
• is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Smart-Will Services Terms

The App allows you to create and manage a will that is valid in England and Wales (“Will“), and purchase associated services from us (the “Smart-Will Services“).

In this section, the following definitions apply:

“Beneficiary” means persons who will benefit under your Will.

“Estate” means all the assets you can dispose of in your Will.

“STEP” means Society of Trust and Estate Practitioners.

“Trustees” means your executors at any time under your Will App Will.

Will Writing Feature

The Will writing feature on the App provides a simple Will automatically, and is designed for relatively straight forward Wills.  If you do not believe the Will writing feature adequately deals with the contents of your Will and adequately covers your wishes, you should contact us to discuss alternative services.  We can provide a bespoke Will writing service in addition to the feature on the App and we can arrange an appointment for you to see one of our nominated regional solicitors if you contact us.  Additional terms and conditions may apply to the bespoke services.  It is your responsibility to decide whether the Will writing feature on the App adequately provides the service you need or require.

If you wish to for example:

• provide a life interest in your jointly owned properties to your surviving spouse/partner with the capital share to others e.g. children from previous marriages;
• include measures to mitigate Inheritance Tax Liability after the first of you has died as you believe that your estate or joint estate with your spouse/partner could be of such a size to be charged to that Tax;
• take steps to try to avoid care or care home fees or Probate Court Fees; or
• make your and your spouse/partner’s mirror Wills binding on the survivor of you so that that survivor would not be able to change their Will (called “Mutual Wills”),

the App will may not provide exactly what you want.

We do not provide legal, tax or investment advice.

Business Interests: If there is a business / interest in a business forming part of your estate, the STEP standard administrative provisions included in the App will provide for the Executors to have full authority to step in and deal with the business including running it as a going concern to realise the full value of that business. However, you may wish to appoint an Executor that has knowledge of the business specifically to act in this capacity, otherwise C. J. Fisher & Co Ltd/our nominated solicitors will have to appoint someone to undertake this role.

Excluding those financially dependent on you at the time of your death: you should be aware that if you are excluding a person who is financially dependent on you from being a beneficiary under your Will there is a statutory provision by which the Will could be challenged by that person, and C. J. Fisher & Co Ltd Ltd excepts no liability for any such challenge being successful.

Appointment of Guardian: If you have included this provision in your Will, you should note that this is a ‘wish clause’ meaning that it is not binding on the Family Court which would have the legal authority to make the appointment but any wish in your Will would be taken into account.

Real Property (ie interests in Houses, Land etc.): the Smart-Will App Will has no provision for specific gifts of interests in land / real property. If you own such as what is called equitable joint tenants with another, commonly a spouse/civil partner, your interest will pass to that person automatically outside the provision of your will, or the intestacy rules that govern estates when people die without a will. If you own property as equitable tenants in common with another person or people, your interest will pass under your will / rules of intestacy. If you are leaving your residuary estate to the same person you own the property with this does not matter, but if you wish to leave them only a percentage share (or none) of your residuary estate, this would leave them co-owning the property with your named residuary beneficiaries. You should be sure this is what you want. This situation may leave your surviving spouse/civil partner’s home vulnerable to the bankruptcy of the co-owners, or their divorce settlements, or their wishing to force a sale of the property.

If you are in any doubt as to whether what your Will App will does in respect of your home/other properties is what you want, please contact us and we will arrange for one of our nominated solicitors to advise you in this respect for an additional fee of £60.  C. J. Fisher & Co LTD accepts no liability for your will not doing what you want in this respect. If you do seek our nominated solicitors’ advice those solicitors will of course then have their usual duty of care to you for their advice.

Execution of your Will

In order for your Will to be valid you will need to print it and sign it in front of two witnesses as indicated on the Will.  For us to store your Will for you, following signing of your Will you need to send it to us within 12 months of your Will being prepared along with a copy of your passport or driving licence certified by a solicitor.

Your Account

To order Smart-Will Services you must have registered an account on the App (your “Account“), and must provide us with certain information about you.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via hello@smartwill.app.

Our contract with you

How we will accept your order. Where you use our instant Will writing feature on the App, acceptance of your order will take place once the App states the order has been accepted, at which point a contract will come into existence between you and us.  Where you contact us to require a Will to be prepared separate to the App, our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because we are not able to provide the service in the expected timeframe, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the service.

Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

We only sell services in accordance with the laws of England and Wales. While you may be able to access our App outside of the UK, our services are for the provision of wills and associated services in accordance with the laws of England and Wales.  We cannot guarantee that your Will will be fully effective in dealing with your assets situated outside that jurisdiction. This is because many countries have set laws of entitlement of nearest relatives and so particularly if you are not providing your estate to your nearest relatives, your Will may not be effective in carrying out your wishes.  You should consider making a similar Will in the jurisdiction where your assets are situated.  In many cases however an English Will will be effective in dealing with foreign assets

Your rights to make changes

If you wish to make a change to the Smart-Will Service you have ordered before it is performed, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the charges for the Smart-Will Service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see below).

Providing the Smart-Will Services

We are not responsible for delays outside our control. If any Smart-Will Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Smart-Will Services you have paid for but not received.

What will happen if you do not give required information to us. The Smart-Will Services will be based on the information you provide upon prompt into the App.  It is your responsibility to ensure your information is accurate and up to date and we will not be responsible for the content of the Smart-Will Services not meeting expectations if the information is not accurate or up to date.  We will not be responsible for supplying the Smart-Will Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

Reasons the supply of Smart-Will Services to you may be suspended. The supply of a Smart-Will Services to you may be suspended:

• to deal with technical problems or make minor technical changes;
• due to changes in relevant laws and regulatory requirements; or
• make changes to the Smart-Will Service notified by us to you.

Your rights if the supply of Smart-Will Services are suspended. We will contact you in advance to tell you the supply of the Smart-Will Services will be suspended, unless the problem is urgent or an emergency. You may contact us to end the contract for a Smart-Will Service if it is suspended, or tell you it is going to be suspended, in each case for a period of more than seven days and we will refund any charges you have paid in advance for the Smart-Will Service in respect of the period after you end the contract.

If there is a problem with the Smart-Will Services

How to tell us about problems. If you have any questions or complaints about the Smart-Will Services, please contact us via email hello@smartwill.app.

Summary of your legal rights. We are under a legal duty to supply services that are in conformity with these terms. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

Your rights to end the contract

You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.

Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:

• we have told you about an upcoming change to the Smart-Will Services or these terms which you do not agree to;
• we have told you about an error in the price or description of the Smart-Will Services you have ordered and you do not wish to proceed;
• there is a risk that supply of the Smart-Will Services may be significantly delayed because of events outside our control;
• we have suspended supply of the Smart-Will Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than seven days; or
• you have a legal right to end the contract because of something we have done wrong.

Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Smart-Will Services you have a legal right to change your mind within 14 days and receive a refund.  These rights are under the Consumer Contracts Regulations 2013.  However, the will writing feature on our App are performed immediately following your order and payment; once we have completed the Smart-Will Services, you cannot change your mind, even if the period is still running.

How to end the contract with us or to stop performance of a Smart-Will Service (including if you have changed your mind)

Tell us you want to end the contract or stop performance of a Smart-Will Service. To end the contract with us or to stop performance of a Smart-Will Service, please let us know by contacting our customer services by emailing us at hello@smartwill.app. Please provide your name, home address, details of the order, including your account email address and, where available, your phone number.

How we will refund you.

We will refund you the price you paid for the services by the method you used for payment.

Our rights to end contracts

We may end the contract for a Smart-Will Service at any time by contacting you if:

• you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Smart-Will Services; or
• if you breach these terms in any other way.
  • Price and payment

In order to obtain Smart-Will Services on the App, you will need to pay for them at the time you order them.  The price of the services (which includes VAT) will be the price indicated on the App. We take all reasonable care to ensure that the price of the service advised to you is correct.

What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

How you must pay. We accept payment with via Paypal and Stripe, and payments are subject to their terms and conditions. PayPal User Agreement can be found here and Stripe’s Payment Terms can be found here.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.  This will also include liability for breach of your legal rights in relation to the products as summarised at in the box above.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not accept any liability for:

• any loss arising in any way from acting on your instructions;
• any loss arising from the invalidity of your Will, whether due to a lack of your capacity or knowledge and approval or in the event of undue influence, fraud or forgery;
• any loss arising from your failure to execute the Will correctly (or in good time, or at all) or your failure to comply with our instructions in any respect;
• any loss arising as a result of any future change in your personal circumstances, or the circumstances of anyone named in your Will, or any change in the law (including taxation legislation), which may affect the provisions of your Will;
• any tax incurred or imposed on your Estate as a result of the interpretation or effect of your Will by HM Revenue & Customs or any other tax authority; or
• any loss arising from any delay on your part or any third party in providing information or arising from the supply of incorrect or inaccurate information by you or any third party.

Should any beneficiary under your Will suffer a loss as a result of any of the matters set out in the points above, you or your Estate shall indemnify us and keep us indemnified in respect of any claim made by that beneficiary.

Limitations to the App and the Smart-Will Services.  Our total liability for all claims of any kind, including liability arising out of our negligence, to you or anyone named in your Will, including any beneficiary under your Will, shall not exceed a sum equal to ten times the charges for the relevant Smart-Will Services.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Smart-Will Services.

Check that the App and the Smart-Will Services are suitable for you. The App and the Smart-Will Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Smart-Will Services (as described on the appstore site) meet your requirements.

We are not responsible for events outside our control. If our provision of the Smart-Will Services or support for the App or the Smart-Will Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Smart-Will Services you have paid for but not received.

General Terms

We may transfer Our Rights and obligations to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.  If you are unhappy with the transfer you may contact us to end the contract within seven days of us telling you about it and we will refund you any payments you have made in advance for Smart-Will Services not provided.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

In respect of the terms governing your use of the App, these terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.

If a court finds any of these terms illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing These terms, we can still enforce it later

Even if we delay in enforcing these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to These Terms and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.