Terms and Conditions
Terms and Conditions of Sale
1 ABOUT THESE TERMS AND CONDITIONS
1.1 In these terms and conditions, the terms “we” and “us” mean Kabing Limited (KL), “You” means You the customer andreference to “terms and conditions” means these terms and conditions. These terms and conditions shall (with any EULA where appropriate) constitute the entire contract and agreed terms between Us and You for the supply of Products and Services. No other terms and conditions shall apply, as further described in Section 18.2. These terms and conditions cannotbe varied unless We advise You in writing or by email.
1.2 In addition to these terms and conditions, the use of Products and Services may also be subject to the terms of an End User Licence Agreement (EULA). If the use of Products and Services are subject to the terms of a EULA, You will berequired to agree to the EULA and its terms prior to installation of the Products or commencement of the Service. For the avoidance of doubt, use of a Service or Product is strictly subject to these terms and conditions and any EULA.
1.2.1 You will normally be able to review and agree to the EULA before or during the installation of aProduct (see the definition of Product in Section 1.3).
1.3 In these terms and conditions the following expressions shall have the meanings respectively ascribed:
“Contract” means these terms and conditions together with Your Order and, where applicable, any EULA;
“Consumer” means when You purchase and use Products and Services from Us that may be used by You
“Consumer Product” means a Product that may be used by You);
“Credit Note” means a credit note issued by Us to You in respect of a credit against the value of any previously purchased Products or Services;
“Customer” means anyone who has purchased and uses Products and Services from us;
“Download” means obtaining the Product via download over the internet from the YouCanDoProbate Website in accordance with these terms and conditions and any EULA;
“End User Licence Agreement” or “EULA” means a set of additional terms and conditions that apply to Your use ofthe Product or Service that You purchase from us;
“Intellectual Property Rights” means all vested and future intellectual property rights including but not limited to copyright, trade-marks, design rights, patents, know-how, trade secrets, inventions, semi conductor topography rights, and any applications for the protection or registration of these rights and all renewals and extensions thereof existing in any part of the world, and all other intellectual property rights protected by any applicable law;
“New Version” means any new version of a Product which We publicly market and offer for purchase from time to time in the course of our normal business, being a version which contains such significant differences from the previous versions as to be generally accepted in the marketplace as constituting a new Version
“Order” means an order placed by You in accordance with these terms and conditions (see Section 2 for more details);
“Product” means any product listed on the YouCanDoProbate Website or otherwise, which We agree to supply to You on these terms and conditions and may include Services;
“Services” means any chargeable service listed on the YouCanDoProbate Website which We agree to supply to You on these terms and conditions;
“Web application” means a Product in the form of a browser based application that you access in accordance with these terms and conditions;
“YouCanDoProbate Website” means our website for customers, the web address of which is https://www.youcandoprobate.co.uk;
“Update” means a release of the relevant Product which corrects faults, adds functionality or otherwise amends or upgrades the Web application but which does not constitute a New Version;
“Working Day” means a day other than a Saturday, a Sunday, a public holiday in the United
Kingdom or any other shut-down period as advertised on the YouCanDoProbate Website from time to time.
2 PLACING YOUR ORDER
2.1 Orders may only be placed by:
2.1.1 adding Products or Services to Your basket on the YouCanDoProbate Website and clicking on the appropriate submission button; or
2.1.2 contacting Us using the telephone number as displayed on the YouCanDoProbate Website within working hours as displayed on the YouCanDoProbate Website.
2.2 Unless otherwise agreed between the parties in writing, all Products and Services must be paid for in full prior to use and no Service or Product shall be made available until cleared payment in full has been made.
2.3 Any Order is strictly subject to these terms and conditions and any applicable EULA, and the placing of an Order inaccordance with this Section 2 is deemed acceptance of and agreement to these terms and conditions.
3.1 The price that You will pay for the Products or Services will be the price quoted on the “My Order” page on the YouCanDoProbate Website, after the application of an entered promotional code, should one apply.
3.2 The price of Products or Services is subject to Value Added Tax (VAT) and is payable on all Products and Services supplied by Us (unless prohibited by law). The rate of VAT that You will be charged depends upon the country where Your web application is bought.
3.3.1 The price of Products or Services stated on the ‘My Order’ page of the YouCanDoProbate Website is inclusive of Value Added Tax (VAT).
3.3.2 During the sales process, You may be asked to confirm Your place of residence and/or be asked to contact Us to provide additional evidence as to the country in which You will enjoy the use of Your web application licence.
3.3.4 VAT shall only be exempted under specific circumstances in accordance with UK and EU law.
3.3.5 Any case for VAT exemption must be made at the point of ordering a product.
4 PAYING FOR YOUR PRODUCTS
4.1 In order to pay for Your Products and/or Services using the YouCanDoProbate Website, You may be required to have created a customer account with Us.
4.2 You must pay for Your Products by debit or credit card;
4.3 You must pay for Your Order in British Pounds Sterling. No other currency will be accepted.
4.4 When You place Your Order. Your card will be charged immediately. We do not retain Your debit or credit card details on our system.
4.5 Our offices process manual payments during Working Days only.
4.6 Once Your payment has cleared and been processed by us, You will be issued electronically with an Invoice. We will also send the Invoice and ancillary documentation to You at the e-mail address You have provided Us with during the customer account creation process. Please note We do not automatically send paper copies of these documents to You and will only agree to do so at our absolute discretion.
5 Any Service which You order from Us will be provided in accordance with that Service’s parameters for time and delivery method, as stated on the YouCanDoProbate Website, or communicated by direct email.
6 ACKNOWLEDGMENT, CANCELLATION AND REFUNDS
6.1 You acknowledge and understand that We are not professional advisers for matters of the preparation of the Probate and inheritance forms, other legal, tax, data protection or any other nature. You also acknowledge that it is Your responsibility and You agree that You shall be responsible for ensuring that any Product purchased by You is suitable for Your requirements and is compatible with Your existing IT and other systems. A request for refund citing unsuitable web application will be refunded only at our discretion. Any conditions or warranties that may be implied by statute or otherwise that any Product is fit for a particular purpose or of satisfactory quality is hereby excluded to the extent legally permissible by law.
6.2 If You are a Consumer and are not buying Products or Services on behalf of a business, there are certain circumstances in which You may withdraw from the Contract and these are set out here. This right to withdraw does not apply to business buyers.
- a) You may withdraw Your Order for Products or Services at any time up to the end of the 14th (fourteenth) working day after You have received the Products or Your Order for Services is You do not need to give Us any reason for withdrawing Your Order nor will You have to pay any penalty.
- b) The only circumstances in which You cannot withdraw Your Order are:
- You have created a user on our Web application that you purchased a license key from our website;
- You have commenced use of Services You have
- c) To withdraw Your Order You must notify Us either:
- by emailing Us using the email address(es) as displayed on the YouCanDoProbate Website.
- d) Once You have notified Us that You are withdrawing Your Order, any sum debited to Us from Your payment card will be re-credited to Your account
6.3. If it transpires that the estate for which you have purchased the application, does not come within the parameters for producing an IHT205, we will refund your original price, subject to You not having generated any of the Application forms available in Stage 3 of the web application. If any have been produced, even if deleted. we will not refund any monies. This refund will only be valid for the first 60 days from creating your account.
6.4 Subject to Section 7.2 all refunds are made at Our absolute discretion and without prejudice to Your statutory rights.
7 HOW WE WILL REFUND YOU
7.1 Subject to Section 7, if We agree to refund You part or the entire original price paid, We shall do so by crediting your credit/debit card used in the original purchased. The refund will be subject to a 5% refund administration fee.
7.2 At the time of processing the refund, We shall issue You with a Credit Note. We will send the Credit Note to You by e-mail where You have indicated an e-mail address during the customer account creation process. We do not automatically send paper copies of Credit Notes to You and will only agree to do so at Our absolute discretion.
8 USE OF OUR PRODUCTS AND SERVICES, INTELLECTUAL PROPERTY
8.1 We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
8.2 You agree and understand that unless otherwise expressly stated, the Products are licensed strictly on the terms that they are for the personal and private use of the person to whom they are licensed and that unless or otherwise permitted expressly by us, You are not entitled to use any Product to assist You in the charging of third parties for services rendered by You.
8.3 If You are using the web application to assist You in the charging of third parties for services rendered by You:
- a) We will immediately cease in the provision to You of any on going telephone support; and b) We will immediately disable Your customer account on the YouCanDoProbate Website; and
- c) We will immediately block Your product licence; and
- d) the exercise of any of the remedies stated at (a) to (c) above is without prejudice to any other right or remedy which may be available to Us.
9 E-MAIL AND TELEPHONE SUPPORT
9.1 Our Products include e-mail and/or telephone support for the Product or Service that You have purchased. Where applicable, such support is provided subject to Section 9 above and at Our own discretion. The terms and extent of any support shall be determined by Us and We reserve the right to vary the extent and nature of support at any time.
9.1.1 Entitlement to support of Consumer Products is restricted to the scope of the Product being advised upon.
9.1.2 There are no additional charges for e-mail and/or telephone support.
9.2 The e-mail and telephone support service shall consist of advice and guidance in relation only to sales, installation and usability issues of Our Products and Services.
9.3 In providing e-mail support, We will attempt to resolve Your query when You first contact Us although We may require additional information from You. We cannot guarantee resolution of Your queries.
9.4 We will attempt to resolve Your query when You first call us. On occasion, We may need to return Your call in order to suggest a solution. We cannot guarantee resolution of Your queries.
9.5 The telephone support service is normally available during the hours advertised on the YouCanDoProbate Website. We will endeavour to maintain a reasonable level of support. However, We reserve the right to vary the hours of support We provide at any time and without giving You prior notice.
9.6 The access to support, together with any applicable e-mail address to send correspondence to and telephone number to call are as displayed on the YouCanDoProbate Website.
9.7 We do not generate revenue from telephone support service call charges. By default, the call charges will be at or below the basic rate, as determined by Your own call plan with Your service provider, and therefore dependent on Your call plan for contact from abroad or via mobile device.
9.8 In order to provide support, we necessarily will ask and require accurate answers to security and identification questions, before commencing with anything other than general advice.
9.9 In all cases, We will not circumvent our own security procedures, regardless of circumstance.
9.10 In all cases, We will not tolerate verbal and/or written abusive language during correspondence with our staff or threats against their personal safety. As a responsible employer, we have a duty of care to our staff and take such matters seriously. Such instances may at Our discretion lead to the termination of Your licence, as per Section 8.3 of the EULA, and may also include informing the relevant authorities.
10 OUR LIABILITY
10.1 These terms and conditions set out the full extent of our obligations and in respect of the supply of Products, the performance of any Services and the performance of telephone support.
10.2 Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in these terms and conditions, Contract by statute, common law, laws applicable in the country where You purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law.
10.2.1 In particular, We will not be responsible for ensuring that the Products are suitable for Your purposes.
10.2.2 A Product’s related features are listed with that Product on the YouCanDoProbate Website.
10.2.3 Any feature or Product labeled, advertised or described as ‘beta’ is prototypical and We will not be responsible for the performance or non performance of part or whole of such, nor of it being suitable for Your purposes. You agree to use all such ‘beta’ areas at Your own risk.
10.3 Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or(ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) anyliability which cannot be excluded by law.
10.4 Subject to Section 11.3 We will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data, loss of privacy, disclosure of information (including harm, damage or loss that may result from Your transmission of any information to Us in any medium) or for any indirect or consequential loss or damage of any kind how so ever arising and whether caused by tort (including negligence), breach of contract or otherwise.
10.4.1 In the case of Consumers, We only supply the Web application and Services to You for Your domestic and private use and You agree not to use the Web application or Services for any commercial, business or re-sale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption or loss of business opportunity.
10.5 Subject to Sections 11.3 and 11.4, under no circumstances shall our total aggregate liability to You (however arising) under or in relation to the Contract, including (but not limited to) liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including but not limited to negligence), breach of statutory duty, or otherwise, exceed the amount payable by You in respect of the Product and/or Services in respect of which the claim relates.
11 CONTACTING US
11.1 You can contact us:
- a) by telephoning Us within working hours as displayed on the YouCanDoProbate Website and using the number as displayed on the YouCanDoProbate Website; and
- b) by emailing Us using the email address(es) as displayed on the YouCanDoProbate
11.2 You acknowledge that You only receive the entitlement to email/telephone support in regard to certain Products and Services (see Section 10). Such entitlements will be displayed on the YouCanDoProbate Website.
12 DATA PROTECTION
13 CIRCUMSTANCES BEYOND OUR CONTROL
13.1 We will make every effort to perform our obligations under this Contract. However, We cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstance beyond our reasonable control. In the event of a delay, We will perform our obligations as soon as reasonably possible.
14 GOVERNING LAW AND JURISDICTION
14.1 This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (whether contractual or non-contractual, including tort, breach of statute or regulation or otherwise) shall be governed by and construed in accordance with the legislation of laws of England and Wales and subject to the exclusive jurisdiction of the English Courts. In case the Customer is a consumer, the above choice of the law shall apply to the extent permitted by the applicable law. The present Section 15.1 shall apply without prejudice to the mandatory applicable data protection legislation.
15 ARBITRATION AND MEDIATION
15.1 Any dispute arising out of or in connection with this Contract shall, at first instance, be referred to a mediator for resolution. The parties shall attempt to agree upon the appointment of a mediator, upon receipt, by either of them, of a written notice to concur in such appointment. Should the parties fail to agree within 14 (fourteen) days, either party, upon giving written notice, may apply to the President or the VicePresident, for the time being, of the Chartered Institute of Arbitrators, for the appointment of a mediator.
15.2 Should the mediation fail, in whole or in part, either party may, upon giving written notice, and within 28 (twenty-eight) days thereof, apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators, for the appointment of a single arbitrator, for final resolution. The arbitrator shall have no connection with the mediator or the mediation proceedings, unless both parties have consented in writing. The arbitration shall be governed by both the Arbitration Act 1996 and the Controlled Cost Rules of the Chartered Institute of Arbitrators (2000 Edition), or any amendments thereof, which Rules are deemed to be incorporated by reference into this Section. The seat ofthe arbitration shall be England and Wales, and the language used will be English.
16.1 Notifications from KL concerning the Web application, any Service and/or these terms and conditions will be posted on the YouCanDoProbate Website.
16.2 The most current version of these Terms and Conditions can be located online www.YouCanDoProbate.co.uk
16.3 You agree that it is Your sole responsibility to regularly and routinely visit our website for notices concerning the Web application and/or modifications to these Terms and Conditions, and to ascertain how Your use of the Web application may be impacted. You agree to receive service-level communications from KL electronically and agree that all agreements, notices, disclosures and other communications that KL provides to You electronically satisfy any legal requirements that such communications be in writing.
16.4 KL may give You notification using other means such as email, post and/or telephone. To provide notice, KL will use the contact and/or registration information (if any) as provided by You. To ensure that You receive notices timely, You agreethat it is Your sole responsibility to promptly notify KL of any change to Your contact and/or registration information (forexample, your business address, business type and/or business name).
16.5 Any notification provided by You to KL under this agreement must be made by email to email@example.com or by post or telephone in accordance with the contact details provided on https://www.YouCanDoProbate.co.uk/contact
17 FINAL PROVISIONS
17.1 Assignment: Neither Party may assign to third parties the present Contract or any part of it without prior consent of the other party. Either party shall have the right to assign any or all of its rights and obligations under this Contract in whole or in part to its group or to the successor to the whole or a part of party’s business, subject to such entity or success or undertaking in writing to the other party that it will perform all assigning party’s obligations under this Contract.
17.2 Entire Agreement: These Terms and Conditions, EULA (together with all other documents to be entered into pursuant to it) sets out the entire agreement and understanding between the Parties, and supersedes all proposals and prior agreements, arrangements and understandings between the Parties, relating to its subject matter.
17.2.1 Each party acknowledges that in entering into this Contract it has not relied upon any oral or written statements, collateral or other warranties, assurances, representations or undertakings which were made by or on behalf of the other party in relation to the subject-matter of this Contract at any time before its signature (together “Pre-Contractual Statements”), other than those which are set out in this Contract.
17.2.2 Each party hereby waives all rights and remedies which might otherwise be available to it in relation to such Pre-Contractual Statements.
17.2.3 Nothing in this Section shall exclude or restrict the liability of either party arising out of its pre-contract fraudulent misrepresentation or fraudulent concealment.
17.3 To the extent the terms of any Section of these Terms and Conditions of Sale conflict with the terms of the EULA, the Terms and Conditions of Sale shall prevail.
17.4 No partnership or agency: Nothing in these Terms and Conditions, EULA shall be deemed to constitute a partnership between the Parties, nor constitute either Party the agent of the other party for any purpose.
17.5 Third Party: A person who is not a Party to these Terms and Conditions, EULA shall not have any rights to enforce any term of these terms and conditions, EULA, but this does not affect any right or remedy of a third party which exists, or is available, apart from these terms and conditions, EULA.
17.6 Amendments: Any amendment of these Terms and Conditions shall not be binding on the Parties unless set out in writing and expressed to amend these Terms and Conditions.
17.7 Neither our failure nor Your failure to enforce any term of the terms or conditions contained herein constitutes a waiver of such a term or condition. Such failure shall in no way affect the right later to enforce such a term or condition.
17.8 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions of these terms and conditions.
17.9 You represent and warrant that You are agreeing to these Terms and Conditions as a duly authorised representative of the Customer.