Terms and Conditions of Supply for Consumers

TERMS AND CONDITIONS OF SUPPLY CONSUMERS

This page (together with the documents referred to on it including The National Will Register’s Website Terms of Use, Privacy Policy, Cookie Policy and Acceptable Use Policy) tells You the terms and conditions on which the National Will Register Limited (The National Will Register) supplies some or all of the services (Online Services) on its website www.nationalwillregister.co.uk and its other websites (a list of all of our websites can be found here) (Website) to You. Please read these Terms and Conditions of Supply carefully before ordering any Online Services. These Terms and Conditions of Supply together with the documents referred to in them are together called Terms of Supply.

You understand and agree that by ordering any of the Online Services, You will be bound by the Terms of Supply.  If You do not accept the Terms of Supply, You will not be able to order or receive any of the Online Services.  By placing an order for Online Services You accept the Terms of Supply in the version current at the time that order is placed.

The National Will Register may amend or update these Terms and Conditions of Supply and from time to time.  To see details of any revisions click here.

You will be required to confirm Your acceptance of the Terms of Supply before placing any order for an Online Service.

1. DEFINITIONS

In these Terms of Supply, unless the context otherwise requires:

Contractmeans any legally binding contract between The National Will Register and You based on the Terms of Supply;
Identitymeans the password protected logon or a promotional code that allows You to access an Online Service;
Materialmeans The National Will Register Material and User Material together;
Monthmeans a calendar month;
The National Will Register Materialmeans Website information and content, such as text, graphics, software, images and other such materials created by The National Will Register;
Reach Will Searchmeans the service provided by The National Will Register as part of the Online Services to facilitate the location of Will Documents and as more specifically described on our Website here: [https://www.nationalwillregister.co.uk/willsearch/willsearch.aspx];
Registration Servicemeans the service provided by The National Will Register online, whereby the whereabouts and certain other details relating to a Will Document can be recorded in the Will Register;
Register Will Searchmeans a search of the Will Register.
Search Servicemeans either or both of the Reach Will Search, the Will Register Search;
Search Requestmeans a request for information relating to the existence and/or whereabouts of a Will Document submitted to The National Will Register using the Search Service;
Serviced Countrymeans each of the United Kingdom of Great Britain and Northern Ireland and the Republic of Ireland;
Terms of Supplymeans these terms and conditions of supply and the other documents referred to in them, as amended from time to time;
User Materialmeans Website content created by You, third parties and other users of the Website;
Youmeans any person, firm, company, corporation, partnership or other legal entity who uses any Online Service andYourwill be construed accordingly;
Will Documentsmeans originals of important documents such as Wills, codicils, memoranda and letters of wishes, trusts, secret and half secret trusts, similar and related legal documents and instruments taking effect on death;
Will Registerthe hosted database provided by The National Will Register as part of the Online Services for registration of Will Documents.
TERMS AND CONDITIONS OF SUPPLY CONSUMERS

This page (together with the documents referred to on it including The National Will Register’s Website Terms of Use, Privacy Policy, Cookie Policy and Acceptable Use Policy) tells You the terms and conditions on which the National Will Register Limited (The National Will Register) supplies some or all of the services (Online Services) on its website www.nationalwillregister.co.uk and its other websites (a list of all of our websites can be found here) (Website) to You. Please read these Terms and Conditions of Supply carefully before ordering any Online Services. These Terms and Conditions of Supply together with the documents referred to in them are together called Terms of Supply.

You understand and agree that by ordering any of the Online Services, You will be bound by the Terms of Supply.  If You do not accept the Terms of Supply, You will not be able to order or receive any of the Online Services.  By placing an order for Online Services You accept the Terms of Supply in the version current at the time that order is placed.

The National Will Register may amend or update these Terms and Conditions of Supply and from time to time.  To see details of any revisions click here.

You will be required to confirm Your acceptance of the Terms of Supply before placing any order for an Online Service.

1. DEFINITIONS

In these Terms of Supply, unless the context otherwise requires:

Contract means any legally binding contract between The National Will Register and You based on the Terms of Supply;
Identity means the password protected logon or a promotional code that allows You to access an Online Service;
Material means The National Will Register Material and User Material together;
Month means a calendar month;
The National Will Register Material means Website information and content, such as text, graphics, software, images and other such materials created by The National Will Register;
Reach Will Search means the service provided by The National Will Register as part of the Online Services to facilitate the location of Will Documents and as more specifically described on our Website here: [https://www.nationalwillregister.co.uk/willsearch/willsearch.aspx];
Registration Service means the service provided by The National Will Register online, whereby the whereabouts and certain other details relating to a Will Document can be recorded in the Will Register;
Register Will Search means a search of the Will Register.
Search Service means either or both of the Reach Will Search, the Will Register Search;
Search Request means a request for information relating to the existence and/or whereabouts of a Will Document submitted to The National Will Register using the Search Service;
Serviced Country means each of the United Kingdom of Great Britain and Northern Ireland and the Republic of Ireland;
Terms of Supply means these terms and conditions of supply and the other documents referred to in them, as amended from time to time;
User Material means Website content created by You, third parties and other users of the Website;
You means any person, firm, company, corporation, partnership or other legal entity who uses any Online Service and Your will be construed accordingly;
Will Documents means originals of important documents such as Wills, codicils, memoranda and letters of wishes, trusts, secret and half secret trusts, similar and related legal documents and instruments taking effect on death;
Will Register the hosted database provided by The National Will Register as part of the Online Services for registration of Will Documents.
2. INFORMATION ABOUT THE NATIONAL WILL REGISTER AND PURPOSE OF ONLINE SERVICES

2.1 The National Will Register Limited is a limited company registered in England and Wales under company number 06256187. Its registered office is at The Mailbox, 101 Wharfside Street, Birmingham, B1 1RS.  The National Will Register carries on business under various trading names, all of which can be found here.  The expression “The National Will Register” used in the Terms of Supply encompass The National Will Register and all of its trading names.

2.2 The National Will Register can be contacted at the address specified in clause 2.1.  The National Will Register can also be contacted by email at customerservices@nationalwillregister.co.uk.

2.3 The National Will Register’s VAT number is 9275 479 83.

2.4 The National Will Register operates the Website.

2.5 The Registration Service is designed to facilitate the storage and retrieval of information regarding the whereabouts and certain other details of Will Documents.

2.6 The Search Service is designed to facilitate the search for information regarding the whereabouts of Will Documents.

3. MATTERS RELATING TO YOU, YOUR STATUS AND YOUR INFORMATION

3.1 Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the Serviced Countries You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.

3.2 By placing an order for Online Services through the Website, You warrant to The National Will Register that You are: (a) legally capable of entering into binding contracts; and (b) at least 18 years old; and (c) not using the Online Service in connection with any business; and (d) resident in one of the Serviced Countries; and (e) accessing the Website from a Serviced Country.

3.3 Should You at any time wish to remove any information held about You by The National Will Register, please contact The National Will Register at customerservices@nationalwillregister.co.uk and The National Will Register will remove and destroy Your information in accordance with The National Will Register’s Privacy Policy. Where a person whose information has been registered on the Website requests the removal of such information, The National Will Register will follow such reasonable procedures as it may consider necessary to ensure that only persons legally entitled to do so are permitted to amend or remove such information.

4. YOUR RIGHTS AS A CONSUMER

4.1 As a consumer, You have legal rights in relation to the Online Services. Advice about Your legal rights is available from Your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

4.2 In this clause 4 references to the Regulations means The Provision of Services Regulations 2009, The Consumer Contracts Regulations 2013 and the Consumer Rights Act 2015.

4.3 The Online Services are provided by The National Will Register Limited details of which (including contact details) are set out in clause 2 above.

4.4 All orders for Online Services that You place on the Website will be subject to acceptance in accordance with the Terms of Supply and are processed as follows:

4.4.1 The confirmation stage sets out the final details of Your order. Following this, The National Will Register will send to You an order acknowledgement email detailing the Online Services that You have ordered and supplying an order number.  This email is not an order confirmation or order acceptance from The National Will Register.  It is an acknowledgement that The National Will Register has received Your order, but does not constitute acceptance.

4.4.2 Acceptance of Your order and the completion of the Contract between You and The National Will Register will take place on payment of the price for the Online Service being bought unless The National Will Register has informed You that Your order has not been accepted or You have cancelled it in accordance with the provisions of clauses 4.9 and 4.10 .

4.4.3 The National Will Register is not obliged to accept Your order for any Online Service.  If The National Will Register does not accept Your order You will be informed by email and You will not be charged for the Online Service ordered.  An order may not be accepted for a number of reasons including failure to make payment at the time the order is placed, payment being rejected or clawback by Your credit card company, error in pricing or because The National Will Register is unable to deliver the relevant Online service in a timely manner.

4.4.4 The National Will Register does not provide a facility for You to access copies of Your order on the Website.  You should print a copy of the Terms of Supply and the order acknowledgement for Your own records.  Details of Your previous orders can be obtained by either requesting from the relevant department or checking the account management section after you have logged into the website.

4.5 As a consumer, You may only purchase Online services from the Website site if You are at least 18 years old.

4.6 The National Will Register will commence delivery of the Online Service that You have ordered immediately upon Your order being accepted.

4.7 If You have a complaint about the Online Service that You have used, wish to request any information or request a copy of complaints policy and procedure You can contact The National Will Register at the address and email address given in clause 2 or You can telephone on 0330 100 3660.

4.8 The National Will Register’s Website Terms of Use can be read by following this link Website Terms of Use.

4.9 Normally, under the Regulations, You have a right to cancel any Contract made online within 14 days from receipt of acceptance of Your order by The National Will Register.  However, because the nature of the Online Service is the search for a missing Will Document, or to establish whether or not a Will Document exists, The National Will Register commences the search process as soon as possible after Your Search Request has been received.  For this reason, once the search process has commenced the Contract between You and The National Will Register cannot be cancelled even if the 14 day cancellation period is still running.  If You decide to cancel Your order for an Online Service such as a Will Search before The National Will Register has started to process Your order, The National Will Register will not process the order and will provide a refund to the credit or debit card or bank account from which payment for the Online Service was made.  However, it is important that You understand that many of The National Will Register’s processes are automated, so it is likely that the Online Service that You have ordered will have commenced within seconds of Your order being placed and payment made.  The National Will Register will process any refund due to You as soon as possible and, in any case, within 14 calendar days of the day on which You gave The National Will Register notice of cancellation as described in clause 4.10.

4.10 To be effective any cancellation must be sent by email to support@nationalwillregister.co.uk quoting The National Will Register’s reference that You were given in Your order acknowledgement at the time that You placed Your order, and must be received before The National Will Register has commenced processing Your order.  You are referred to clause 4.9. for information as to when order processing commences.

4.11 If The National Will Register fails to comply with the Terms of Supply, The National Will Register is responsible for loss or damage You suffer that is a foreseeable result of The National Will Register’s breach of the Terms of Supply or its negligence, but The National Will Register is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of The National Will Register’s breach or if they were contemplated by You and The National Will Register at the time that the Contract was entered into.  Your key legal rights in relation to any failure on our part to deliver the relevant Online Service are:

4.11.1 to ask us to repeat or remedy a service if it is not carried out with reasonable care and skill, or to have Your money back if The National Will Register cannot repeat or remedy it; and

4.11.2 if The National Will Register and You have not agreed a time for delivery of the relevant Online Service, it must be carried out within a reasonable time.

4.12 You agree not to use any Online Service for any commercial, business or re-sale purposes, and save as set out above The National Will Register has no liability to You in contract, tort, pre-contractual or other representations for any:

4.12.1 economic loss (including, without limitation, loss of revenues, data, profit, contracts, business or anticipated savings); or

4.12.2 loss of goodwill or damage to reputation; or

4.12.3 special or indirect loss or damage suffered by any person arising from any Contract with The National Will Register.

4.13 The National Will Register does not in any way exclude or limit its liability for:

4.13.1 death or personal injury caused by The National Will Register’s negligence;

4.13.2 fraud or fraudulent misrepresentation;

4.13.3 any other liability which may not be limited or excluded under any applicable law.

4.14 If You use the Will Registration Service to register the location of Your Will Document Yourself, or with another person other than a solicitor, You agree that The National Will Register will, on receiving such evidence of entitlement as The National Will Register may in its reasonable discretion deem appropriate (which may include an official copy of Your death certificate), inform the person so entitled of the registered whereabouts of Your Will Document.  If the person who made the relevant Search Request is not registered with The National Will Register as an executor of Your Will Document, The National Will Register may, but is not obliged to, make reasonable attempts to contact any person so registered.

4.15 For security and training purposes, telephone calls to and from The National Will Register may be recorded or monitored.

5. LIABILITY FOR CERTAINTY WILL SEARCH SERVICES

5.1 Registration of Will Documents is not mandatory. Not all Will Documents are registered with The National Will Register. Use of the Search Service does not relieve You or any person on whose behalf a Search Request is submitted from making enquiries of persons who may reasonably be supposed to have a Will Document in their possession.

5.2 The National Will Register only carries out the Reach Will Search service by contacting firms or other persons within the post code areas specified by the person originating the Search Request, if those firms or persons appear on the database maintained by The National Will Register.  The National Will Register relies upon third parties to provide it with information as to the existence of firms or persons which are likely to hold Will Documents.  Whilst The National Will Register takes reasonable steps to ensure that its database of such firms or persons is up to date, The National Will Register does not guarantee that all relevant firms or persons will be contacted when a Reach Will Search is undertaken.  The National Will Register will not be liable to You or any other person if any person or firm holding a Will Document does not appear on The National Will Register’s database of firms or persons which are likely to hold Will Documents.

5.3 Where a firm or person that is contacted by The National Will Register in connection with a Reach Will Search has more than one office, only one contact will be made with that firm unless that firm has provided us with specific contact details for each office.  In that situation we will make contact with the firm using each of contact details we have been provided with.  Please note, The National Will Register does not guarantee that the contact details it has are fully up to date, accurate and/or reviewed by the recipient and accepts no liability should the recipient not read, acknowledge or respond to any contact made by The National Will Register.

5.4 Because the methodology used by The National Will Register to search for Will Documents relies upon third parties either registering Will Documents or responding to requests for information in relation to Will Documents that they hold, The National Will Register does not guarantee that use of the Search Service will result in the location of a Will Document held by a third party. The National Will Register will not be liable to You or any other person if for any reason a Will Document is discovered subsequent to a Search Request which does not reveal the existence of a Will Document.

5.5 Due to the fact that The National Will Register does not store Will Documents and the Search Service only involves The National Will Register passing on Your Search Request to third parties, The National Will Register hereby excludes to the fullest extent permitted by law any liability for:

5.5.1 any failure to find or delay in finding a Will Document;

5.5.2 the delivery by a third party of any Will Document to an incorrect address;

5.5.3 any loss of a Will Document by any third party; and/or

5.5.4 any failure by any third party to store a Will Document appropriately.

5.6 Due to the fact that The National Will Register does not generate data itself relating to the existence or whereabouts of Will Documents, but relies on third parties to provide that data, The National Will Register hereby excludes to the fullest extent permitted by law any liability to You or any other person for:

5.6.1 the failure of any person to register with The National Will Register any Will Document in that person’s possession;

5.6.2 any delay between the provision of data to The National Will Register, and the uploading of that data into the Will Register;

5.6.3 the provision of inaccurate or incomplete information relating to any Will Document by any person;

5.6.4 the failure by any person to update information or data held by The National Will Register;

5.6.5 the removal of information relating to any Will Document by any person who appears to The National Will Register to be entitled to remove it; and/or

5.6.6 the failure of any person making a Search Request to provide accurate or complete details or information.

5.7 Where The National Will Register undertakes to enquire of solicitors or other third parties in any particular locality for the existence of a Will Document, because The National Will Register relies on others to provide up to date information on the details of Solicitors’ and other businesses and for those persons to respond to enquiries generated by The National Will Register, The National Will Register hereby excludes to the fullest extent permitted by law any liability to You or any other person for:

5.7.1 the failure by any person holding any Will Document to respond to an enquiry;

5.7.2 the failure to enquire of the person who holds the Will Document for which a Search Request has been made;

5.7.3 the fact that the firm or person holding a Will Document does not appear on the database of firms or persons likely to hold Will Documents maintained by The National Will Register;

5.7.4 any Will Document for which a Search Request has been made having been made or being held in a different locality; and/or

5.7.5 the failure of any response to The National Will Register’s enquiry from a person holding a Will Document reaching the person making Search Request.

5.8 Searches of the The National Will Register data are made at the time of a Search Request and are not subsequently updated. Accordingly, only information held within the The National Will Register data at the time of the Search Request will be revealed by a Search Request and any subsequent updating of the The National Will Register data will not result in updating of any previous Search Request.

5.9 Where a Register Will Search or a Reach Will Search reveals the existence or possible existence of a Will Document in respect of which it has received a Search Request, and the registered holder of that Will Document:

5.9.1 holds the Will Document in a professional capacity but neglects or refuses to contact the person making the Search Request, The National Will Register may, if (but only if) it becomes aware of such neglect or refusal, inform the person making the Search Request that a Will Document being sought exists or may exist, but will not in the absence of a valid order made by a court of competent jurisdiction disclose the identity of the person who holds or who may hold a Will Document being sought; or

5.9.2 is the Testator or some other person who does not hold the Will Document in a professional capacity, The National Will Register may disclose details of any data uploaded by the person who registered the Will Document at any time to any person whom it reasonably believes may be legally entitled to have the same (e.g. because they are the person or legal personal representative of the person who executed a Will Document details of which are registered using the Registration Service) on production of such evidence of entitlement as The National Will Register may in its reasonable discretion deem appropriate.

6. USE OF ONLINE SERVICES

6.1 You are responsible for the acts and/or omissions of any persons making use of Your Identity(ies) whether being authorised to do so or not. You will promptly notify The National Will Register on becoming aware of any Identity and/or password being known and/or available to a third party and You will immediately take all necessary steps to change the password associated with any Identity which has been compromised.

6.2 If You become aware that any unauthorised access to or use of any Online Service has occurred or may occur, You will promptly notify The National Will Register.

6.3 If The National Will Register becomes aware that any unauthorised access to or use of an Online Service has occurred or may occur, The National Will Register will promptly notify You and may take steps to suspend and/or terminate Your access to or use of the Online Services.

6.4 Without prejudice to The National Will Register’s rights under clause 6.3, upon notification under clause 6.1 or 6.2 The National Will Register will discuss with You what steps if any may be appropriate to reduce the risk of any further unauthorised access to or use of the Online Services, and The National Will Register and You will each take such steps as soon as is reasonably practicable each bearing their own costs.

6.5 Where at any time The National Will Register becomes aware that You are not complying with the Terms of Supply including but not limited to access to or use of the Online Services or that there has been or may be unauthorised access to or use of any Online Service, The National Will Register reserves the right to suspend and/or terminate Your access to any Online Services, and will notify You in the event that suspension or termination occurs. The National Will Register has discretion to restore the Your access where You have demonstrated to The National Will Register’s reasonable satisfaction that such non-compliance has ceased and the You are taking all reasonable steps to prevent its recurrence.

6.6 The Terms of Website Use apply to Your use of the Online Services.

7. ONLINE PRICE AND PAYMENT

7.1 The price of any Online Services will be as quoted by The National Will Register or on the Website from time to time, except in cases of obvious error. These prices include VAT. Charges may be liable to change at any time.

7.2 The National Will Register is under no obligation to provide any Online Service to You at the incorrect price, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mis-pricing.

7.3 Payment for all Online Services must be made in advance by credit card, debit card or direct debit mandate or such other payment methods as The National Will Register may from time to time indicate as being acceptable on the Website.  In the absence of other arrangements for payment agreed in advance between The National Will Register and You, no Contract between The National Will Register and You exists for any Online Service until The National Will Register has received payment for that Online Service.

7.4 In the event that any payment in respect of any Online Service is rejected, clawed back, cancelled or otherwise negated, The National Will Register will be entitled to recover that payment from You together with an administration charge of not less than £50, such other costs as may be awarded by a court of competent jurisdiction, and interest at the rate of 4% above the base rate of HSBC Bank plc from time to time.

8. SUBMITTING CONTENT TO THE WEBSITE

8.1 You will remain solely liable for any material You submit to the Website (or which is provided by You and which we upload to the Website on Your behalf) and/or any Online Service. In submitting any material to the Website and/or an Online Service You hereby agree to indemnify, and keep indemnified, The National Will Register, its holding company and subsidiaries, affiliates, directors, officers and employees from and against any and all claims, liability, costs, damage, other expenses or loss any of them may incur (including without limitation legal fees) as a result of any material You submit or any violation by You of Your obligations under these Terms of Supply.  If The National Will Register prepares data for uploading to the Website based on data supplied by You, You are responsible for ensuring that the data prepared by The National Will Register is accurate.  The National Will Register will not upload any such data to the Website until You have confirmed that You are satisfied that it is accurate.

8.2 If You are uploading information or content, You warrant to The National Will Register that the information or content that You provide is accurate and complete. You are responsible for ensuring that this information or content is promptly updated if there are any changes to the information or content provided and You undertake to maintain the accuracy and completeness of the information or content that You have uploaded.

8.3 By submitting any material to the Website, and/or any Online Service You grant The National Will Register an irrevocable, free of charge, non-exclusive, worldwide, perpetual license to use such material in the provision of Online Services to You and/or in relation to the delivery of the Online Services to third parties, including (but not limited to) responding to Search Requests by contacting the registered holders of Will Documents.

9. DATA PROTECTION

9.1 The National Will Register’s Privacy policy is incorporated into the Terms of Supply. For more information regarding how personal information is utilised by The National Will Register please see the Privacy Policy.

9.2 If You use the Website to submit information for or on behalf of a third party (Registree) You are responsible for any error in the accuracy of information provided to The National Will Register or failure properly to obtain any required consent of a Registree in connection with such use and You will indemnify and keep indemnified The National Will Register, its employees and agents, from and against any and all claims, liabilities, damages, costs, actions or demands, including without limitation all legal and accounting costs, arising or resulting from any inaccuracies in the information You submit or Your breach of the Terms of Supply. Where making any use of Registree information You must discharge any obligations that You may have as regards informing the Registree of the terms and conditions applicable to such use.

9.3 The National Will Register will make available an ‘unsubscribe’ service at customerservices@nationalwillregister.co.uk. In the case of Will Documents, this service will be subject to safeguards to ensure that only the owner of a Will Document is able to make permanent deletions of information relating to the existence or whereabouts of a Will Document.

9.4 Information uploaded onto any Online Service relating to the existence or whereabouts of a Will Document is the property of the person who executed the Will Document concerned, and not the property of the person who uploaded the information. Whilst the person who uploaded such information will be able to amend and update the information from time to time whilst they have access to the relevant Online Service, only the owner of such information will be entitled to have the information permanently removed from the relevant Online Service. Any such removal will be subject to The National Will Register’s procedures from time to time which are designed to ensure that no information is permanently removed from an Online Service other than by the owner of the information.

10. AVAILABILITY OF THE ONLINE SERVICES

10.1 Due to the nature of the internet, online systems and software, The National Will Register cannot ensure that the Online Services will be available at all times and/or will always function effectively. Accordingly, The National Will Register will not be liable to You in respect of the unavailability or malfunctioning of any Online Service.

10.2 The National Will Register will not be liable to You where You are unable to access any Online Service, or otherwise use any Online Service for reasons related to internet connectivity and/or telecommunications.

10.3 On occasion, technical problems may delay or prevent delivery of the Online Services. The National Will Register shall do what it reasonably can to maintain an Internet presence for the Website and/or the Online Services but does not guarantee continuous, uninterrupted use, especially when The National Will Register has to carry out routine maintenance, repairs, reconfigurations or upgrades or in circumstances beyond The National Will Register’s control.

10.4 In the event of significant anticipated downtime for routine maintenance, repairs, reconfigurations or upgrades or where The National Will Register becomes aware of a significant interruption preventing access to the Website and/or the Online Services outside The National Will Register’s control it will use its reasonable endeavours to contact You in advance of any downtime by sending an email to the address that You have registered with The National Will Register. The National Will Register will also post a notice on the Website.

10.5 Where interruption to Your access to the Website and/or any of the Online Services is caused by factors within The National Will Register’s direct control it will use reasonable endeavours to resolve the issue that has led to any Online Service being suspended and shall reinstate the Online Services as soon as it is reasonably able to do so.

11. THIRD PARTY SOFTWARE

11.1 To make full use of the Website, the Online Services or links to other websites it may be necessary to use particular computer equipment or to download or install certain pieces of software. If You are unable to access all or part of the Website and/or any of the Online Services because it does not automatically include access to any necessary software or equipment, this will not constitute a breach of any agreement by The National Will Register and to the fullest extent permissible by law The National Will Register will not be liable for any loss, damage or expense which may result from Your inability to access the Website or Online Services.

12. THE NATIONAL WILL REGISTER’S LIABILITY

12.1 Whilst The National Will Register will do what it reasonably can to maintain an Internet presence for the Website and will carry out regular virus checking of the Website server, The National Will Register does not warrant that the Website will be available at all times, operate error-free or that the Website and its server are free of computer viruses and other harmful code. If Your use of the Website or the Material results in the need for servicing or replacing equipment or data, The National Will Register hereby excludes to the fullest extent permitted by law (and subject to clause 4 and 13.5) any liability for any cost or damage thereby incurred or suffered.

12.2 The Website and Material are provided on an “as is” basis without any warranties of any kind. The National Will Register and its suppliers, to the fullest extent permitted by law (and subject to Clauses 4 and 13.5), excludes all warranties implied by law or statute, including without limitation the warranty of merchantability, non-infringement of third parties’ rights, and the warranty of fitness for particular purpose. Whilst The National Will Register will do what it reasonably can to maintain the accuracy of the The National Will Register Material, The National Will Register and its suppliers make no warranties about the accuracy, reliability, completeness or timeliness of the Material, the Website, the Online Services, software text, graphics and links or about the results obtained from using them and The National Will Register hereby excludes to the fullest extent permitted by law (and subject to Clauses 4 and 13.5) any liability for any cost or damage incurred or suffered by reason of any failure thereof.

12.3 Subject to clause 4, The National Will Register will not be liable in any way for any increased costs or expenses, loss of profit, business, contracts, revenues or expected savings or any special indirect or consequential damage whatsoever arising out of any provision or use of the Online Services, the Website or of any error or defect in either or of the performance non-performance or delayed performance of the Online Services.

12.4 Subject to clause 4, The National Will Register’s total aggregate liability for any loss or damage arising out of, or in connection with Your use of the Website or the Online Services will not exceed the actual payment received by The National Will Register from You for use of the Online Services giving rise to the loss or damage.

12.5 Where You buy any product/services from a third party seller through the Website, The National Will Register will have no liability to You and the seller’s liability is as set out in the seller’s terms and conditions.

13. INDEMNITY

13.1 You agree to indemnify and keep indemnified The National Will Register, its partners from time to time, its employees and agents, from and against any claims, liabilities, damages, costs, actions or demands, including without limitation reasonable legal and accounting costs, arising or resulting from Your use or misuse of the Material or Your breach of the Terms of Supply, except to the extent that such claims, liabilities, damages, costs, actions or demands are caused by The National Will Register.

14. TERMINATION

14.1 If You materially breach these Terms of Supply, The National Will Register shall have the right to terminate any Contract and to suspend Your use of the Website and Online Services immediately if the breach is capable of being remedied and has not been remedied within 14 days of receipt of written notice requiring it to be remedied. If the breach is not capable of being remedied The National Will Register may immediately terminate any Contract and Your use of the Website.

14.2 Either party to any Contract may terminate the Contract on written notice to the other if that other enters into compulsory or voluntary liquidation or compounds with or convenes a meeting of its creditors or has a receiver or manager or administrator appointed or ceases for any reason to carry on business or takes or suffer any similar action which in the opinion of the party serving the notice means that the other may be unable to pay its debts.

15. WRITTEN COMMUNICATIONS

15.1 When using the Website, You accept that communication with The National Will Register will be mainly electronic. The National Will Register may communicate with You by email, text message, or , by posting notices on the website or via other services such as a message centre. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that The National Will Register provides to You electronically comply with any legal requirement that such communications be in writing unless that legal requirement specifically requires The National Will Register to use a different form of communication.

16. EVENTS OUTSIDE THE NATIONAL WILL REGISTER’S CONTROL

16.1 The National Will Register will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations to provide the Online Services that is caused by events that are outside The National Will Register’s reasonable control.

17. MISCELLANEOUS

17.1 Except as expressly provided in a particular Policy or material on particular web pages of the Website, these Terms and Conditions of Supply, the Website Terms of Use, Privacy Policy, Cookie Policy, Acceptable Use Policy and any specific Contract between You and The National Will Register constitute the entire agreement between You and The National Will Register with respect to use of the Website and the Online Services.  Any clause in the Terms of Supply that is found to be invalid or unenforceable shall be deemed deleted and the remainder of the Terms of Supply shall not be affected by that deletion.  No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.  Nothing in the Terms of Supply shall confer on any third party any benefit or the right to enforce any provision of the Terms of Supply.  The National Will Register has the right to amend these Terms and Conditions of Supply and any other document constituting the Terms of Supply from time to time. The National Will Register will notify You of any such changes by posting a notice on the Website.

18. LAW AND JURISDICTION

18.1 The Terms of Supply and Your use of the Website and the Online Services will be governed by English law. Any dispute arising from, or related to Your use of the Website or the purchase of any Online Services shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.