Terms of Use

This agreement applies as between you, the User of this Website and Willfinda owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

 

1. Definitions and Interpretation

“Account”	means collectively the personal information including details as to a Will(s) as provided by you either on your behalf or as agent for another person(s), payment information and credentials used by Users to search for a Will(s) and / or any communications System on the Website;
“Will Information”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website and or the database belonging to Willfinda;
“Registration and Search Fee”	means the fee paid by the User to register details of a Will(s) or to search Willfinda’s database as explained on the Website;
“Willfinda”	means Willfinda, WillFinda is owned by Fleetwood Heir Hunting Services a Limited Company registered in England under company number 08667142, whose registered address is Airport House, Suite 43-45 Purley Way, Croydon, Surrey, CR0 0XZ;
“Will Search”	means the search for a Will accessible only upon the creation of an Account and the payment of a Registration and Search Fee;
“Service”	means collectively any online facilities, tools, services or information that Willfinda makes available through the Website either now or in the future;
“Registration and Search Fee”	means a one-off sum of money paid by Users to activate their Account in order to register Will information or search for Will information on the Website;
“System”	means any online communications infrastructure that Willfinda makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”	means any third party that accesses the Website and is not employed by Willfinda and acting in the course of their employment; and
“Web Site”	means the website that you are currently using (www.willfinda.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Intellectual Property

1. Subject to the exceptions in Clause 5 of these Terms and Conditions, all content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Willfinda, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2. Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 and 4 of these Terms and Conditions apply.

3. Use of the Website

Payment of a Registration and Search Fee grants you a licence to register details of one Will on the Website or to search for one Will. A User must be at least 18 years of age. Wills are only searched in England and Wales. Searches generated through this website are electronic in nature and therefore you can not cancel once you have placed an order. This is in accordance with the OFT Distance Selling Regulations. Refunds will be given at our sole discretion

Where expressly indicated, certain content and the Intellectual Property Rights subsisting therein belongs to other parties. This content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use content from the Website. Any such content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

4. Links to Other Web Sites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Willfinda or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

5. Links to this Web Site

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.willfinda.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Willfinda. To find out more please contact us by email at info@willfinda.co.uk or by phone on 01376 350 966.

6. Use of Communication Facilities

1. When using the forums and / or any other System on the Website you should do so in accordance with the following rules:
   1. you must not use obscene or vulgar language;
   2. you must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
   3. you must not submit content that is intended to promote or incite violence;
   4. it is advised that posts on message boards, chat facilities or similar and communications with Wilfinda are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
   5. you must not post links to other websites containing any of the above types of content;
   6. the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
   7. you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
   8. you must not impersonate other people, particularly employees and representatives of Willfinda or our affiliates; and
   9. you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”;
2. You acknowledge that Willfinda reserves the right to monitor any and all communications made to us or using our System.
3. You acknowledge that Willfinda may retain copies of any and all communications made to us or using our System.
4. You acknowledge that Willfinda may retain copies of any and all communications made to us or using our System.

7. Accounts

1. In order to search for a Will registered on this Website and to use the forums/chat or similar facilities you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Website you represent and warrant that:
   1. all information you submit is accurate and truthful; and
   2. you will keep this information accurate and up-to-date.

   Your creation of an Account is further affirmation of your representation and warranty.

2. Sharing of accounts is not permitted unless expressly authorised in writing by Willfinda. You are required to keep your Account details confidential and must not reveal your username and password ( as applicable) to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
3. When choosing any username asked for you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.

8. Subscriptions

1. You are required to pay a Registration and Search Fee on the date that you activate your Account. Your credit / debit card will be billed once on activation and will not be billed again unless you choose to amend the details of the Will registration or to carry out a Will search.
2. Your payment will be at the price advertised at that time on the Website. Willfinda reserve the right to change Registration and Search Fees from time to time. Willfinda reserve the right to make any special offers to any customers as we alone deem appropriate.
3. If you have registered or searched in error you must inform Willfinda within 24 hours and must not use the Website or its content during that time.

9. Privacy

Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link on our Website.

10. How We Use Your Personal Information (Data Protection)

1. All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
2. We may use your personal information to:
   1. Provide Our Services to you.
   2. Process your payment for the Services.
   3. Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
   4. In certain circumstances (if, for example, you wish to pay for the Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
   5. A User providing personal information for a Third Party is responsible for any error in the accuracy of the same or failing to obtain the express consent of the third Party to provide such information for the purposes it is intended to be used on the Website. The User shall indemnify Willfinda and its employees and agents from and against any and all claims demands proceedings, damages, penalties, costs, losses, liabilities and expenses of any kind and whether in tort or contract, including any loss or damage to any property, threatened, claimed or awarded against or otherwise incurred by the User and its representatives (or any of them) arising out of or in connection with this Agreement.
3. Willfinda makes no warranty or representation that this website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all computer systems, or that it will be secure.
4. Whilst every reasonable endeavour has been made to ensure that all information provided on this website will be accurate and up to date, Willfinda makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our website.
5. No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
6. Whilst every reasonable effort has been made to ensure that any and all descriptions of services available from Willfinda correspond to the actual services available, Willfinda is not responsible for any variations from these descriptions.

11. Disclaimers

1. Willfinda makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
2. Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, Willfinda makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
3. No part of this Website is intended to constitute advice and the content of this Website should not be relied upon when making any decisions or taking any action of any kind.
4. The information on this Website is not designed with commercial purposes in mind. Willfinda makes no representation or warranty that this content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
5. Whilst every effort has been made to ensure that all descriptions of services available from Willfinda correspond to the actual services available, Willfinda is not responsible for any variations from these descriptions.
6. Whilst Willfinda uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
7. Willfinda is owned and operated by Fleetwood Heir Hunting Services Ltd (Fleetwood), if you report the death of a person, lost asset or an estate that you are not entitled to Fleetwood will look for any legal and valid heir(s) and in doing so may engage the valid heir(s) on an heir hunting basis.

12. Availability of the Website and Modifications

1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
2. Willfinda accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
3. Willfinda reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

13. Limitation of Liability

1. Willfinda’s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these Terms and Conditions shall be limited to the value of a User’s Registration and Search Fee. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein, to the maximum extent permitted by law, Willfinda accepts no liability. Users should be aware that they use the Website and its Content at their own risk.
2. Nothing in these terms and conditions excludes or restricts Wilfinda’s liability for death or personal injury resulting from any negligence or fraud on the part of Willfinda.
3. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
4. Willfinda will not be responsible for any loss how so ever caused by any failure to locate a Will or a Will’s location being found at a later date

14. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

15. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

16. Third Party Roghts

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Willfinda.

17. Communications

1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@willfinda.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
2. Willfinda may from time to time send you information about our products and/or services. If you do not wish to receive such information, please untick the relevant box on the Website.

18. Law and Jurisdiction

These terms and conditions and the relationship between you and Willfinda shall be governed by and construed in accordance with the Law of England and Wales and Willfinda and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.  We remind you that Wills are only searched in England and Wales. Searches generated through this website are electronic in nature and therefore you can not cancel once you have placed an order. This is in accordance with the OFT Distance Selling Regulations. Refunds will be given at our sole discretion