Terms & Conditions
Terms and Conditions of Use
1.1 MyDigiSafe (‘the Website’ www.MyDigisafe.co.uk) is owned and provided by MyDigiSafe limited, registered in England and Wales with company registration number 08368299, whose registered office is at:- Appleton House 25 Rectory Road West Bridgford Nottingham NG2 6BE (“the Company” “we” “us”).
1.2 This document provides you with the terms on which you may use the Website either as a User [‘User’] or a party invited by the User [‘Invited User’].
1.3 A User is granted full use and full functionality on the site.
1.4 An Invited User has limited use/functionality to connect with the User’s account only.
1.5 An Invited User can upgrade to a full User account to obtain full functionality by making the appropriate subscription.
1.6 By continuing to use the Website you accept and agree to the following terms.
2. Use of the Website.
2.1 You as the User, and your Invited User parties (‘you’ or ‘your’) are only permitted to access and use the Website for your personal, non-commercial purposes, meaning the Website may only be accessed and used directly by a private individual. Access to and use of the Website other than for personal, non-commercial purposes is strictly prohibited. We reserve the right to deactivate your login in the event of suspected misuse.
2.2 You are not permitted to use the Website:
2.2.1 if you are under the age of 16 years.
2.2.2 in any unlawful, fraudulent or commercial manner;
2.2.3 to tamper with, modify or reverse engineer any part;
2.2.4 in any way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems as determined by us; or
2.2.5 using any automated software, process, program, robot, web crawler, spider, data mining, or other ‘screen scraping’ software, process, program, or system.
2.3 Any material you upload to this Website will be considered confidential and proprietary to you. We have no right to retain, use, copy, distribute and/or disclose to third parties any such material without your consent, unless legally required to do so by law. If required to do so by law we have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to this Website constitutes a violation of their rights.
2.4 You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable security information (including your password and codes).
2.6 If you breach any terms of these Terms and Conditions of Use, your right to access and use the Website will cease immediately.
2.7 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The amended Terms and Conditions of use will be effective from the date they are posted on the Website. As these Terms and Conditions of Use may be amended from time to time, you should check them whenever you visit the Website. Your continued use of the Website will constitute your acceptance of the amended Terms and Conditions of Use.
3 Description of Service (The Service)
3.1 The Website provides you with the system to manage your own personal data and the personal data of people connected to you and to create an online succession plan. The Website grants access to your data on the website to your chosen Invited User upon your death, or earlier mental incapacity, only after production of acceptable confirmation of your status to us by them (online Executor, online Attorney or online Personal Representative).
3.2 You must complete the Registration Process on the Website by providing current, complete and accurate information as requested in the applicable registration form. In addition, you are responsible for all activities under your account. You agree to notify MyDigiSafe immediately on any unauthorized use of your account or any breach of security.
3.3 You should ensure that the information about Invited Users is up-to-date to ensure that the right information is provided to the right people as soon as it is needed (online Executor, online Attorney or online Personal Representative).
3.4 You are responsible for recording all of the data on the system and assigning rights to your chosen Invited Users (online Executor, online Attorney or online Personal Representative). Expect to comply with a Data Access Request the Website does not see what is stored by you (subject to clause 2.3 above) or for whom it is stored and cannot offer any advice.
3.5 MyDigiSafe will contact your chosen Invited Users by email to set up their access to your data unless you indicate that you do not want us to be able to contact them.
3.6 Upon notification of your death, or earlier loss of mental capacity, MyDigiSafe will require your chosen Invited Users to provide confirmation of their identity and verification of your status, to allow them to continue to access and manage your data.
3.7 If MyDigiSafe is informed that you have died we will require verification of this from your one of your chosen Invited Users.
3.8 Upon getting confirmation as required in 3.7 above, your chosen Invited Users are granted access to your data.
3.9 MyDigiSafe will grant access to your data to people nominated by you as your chosen Invited Users but it takes no responsibility for the accuracy or validity of the data entered on the system by you. We do not examine the data entered on the system by you and do not accept responsibility for the accuracy or validity of it in accordance with 3.4 above.
3.10 MyDigiSafe reserves the right to disclose information if required to do so by law, regulation, legal process, or government request.
3.11 Other than as set out in these Terms and Conditions of Use MyDigiSafe will not share your data with any other party.
3.12 MyDigiSafe may refuse to grant access to your chosen Invited Users if your account is suspended because of the non-payment of due subscriptions, as applicable. However, we may grant access to your chosen Invited Users and release your data as soon as any outstanding subscriptions have been made by you or on your behalf.
3.13 MyDigiSafe is not responsible for lost or corrupted data caused by technical issues on our systems.
4. Our Legal Responsibility to You.
4.1 Our 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 of Use shall be limited to the value or your subscriptions paid to that date.
4.2 We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on the Website without notice from time to time. We will not be liable if for any reason the Website or any part of it is unavailable at any time or for any period. While every effort has been made to ensure the content of the Website is accurate and up-to-date we make no (and expressly disclaim all) representations or warranties, expressed or implied, of any kind with respect to the Website or its contents and/or any warranties of merchantability and/or fitness for a particular purpose.
4.3 We are not responsible or liable for any indirect losses or damages suffered or incurred by you or your chosen Invited Users for any losses or damages suffered or incurred by you or your chosen Invited Users which were not foreseeable by us when you or your chosen Invited Users accessed or used the Website.
4.4 We are not liable to anyone else (including (but not limited to)) the beneficiaries of your estate or potential beneficiaries of your estate, your spouse or civil partner, any creditors of your estate, the Probate Service or HM Revenue and Customs.
4.5 The limitations of liability in relation to these, and functionality of the Website apply to all damages of any kind, including (without limitation) direct, indirect or consequential damages, loss of data, income or profit, loss of damage to property and claims of third parties.
4.6 The limitations of liability in relation to the Website do not limit liability to the extent that it cannot be limited and/or excluded by applicable law, including the Unfair Contract Terms Act 1977 and Unfair Terms in Customer Contracts Regulations 1999.
4.7 Expect as expressly provided elsewhere in this agreement, a person who is not a party to these Terms and Conditions of Use shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the terms herein.
5.1 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
5.2 We do not, to the maximum permitted by law, accept any liability for any virus or similar destructive code which computer equipment and/or any other communication via the internet between you and us.
5.3 You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide is free from viruses, spyware, malicious software, Trojan horses, worms, logic bombs and anything else which may have a contaminating, harmful or destructive technology.
5.4 You must not introduce any viruses, worms, Trojan horses, logic bombs or other similar destructive code to this Website, attempt to gain unauthorised access to this Website, the servers on which it is stored or any server, computer, or database connected to this Website, not attack this Website using a denial of service attack. to the extent that you to any relevant law enforcement agency.
6. Links from our Website
6.1 The inclusion of links to third party websites contained on MyDigiSave does not mean that we endorse such third party websites or the information, opinions, advice, products or services offered by them.
6.2 A third party website accessed from a link on MyDigiSafe or though an email from us as a result of viewing the Website is independent from ourselves and we have no control over the content and/or management of that third party website. You view and rely upon the contents of any such third party websites at your own risk. We accept no liability to you for the contents of and/or information on any third party website or any email from us a result of viewing the Website.
6.3 We do not guarantee that any links to third party websites contained on MyDigiSafe will function correctly.
7. Payment and Cancellation
7.1 Subscription for use of this service will be collected by direct debit. You will be provided with written notification and details of the Direct Debit Guarantee Scheme by email after registration.
7.2 Payments will not be varied without 30 days prior written notification.
7.3 You may cancel this service at any time by providing 14 days written notice. There will be no refund of subscriptions prior to written cancellation.
7.4 Any payment taken after your 14-day notice cancellation is accepted will be refunded in full.
8.1 If any provision of these Terms and Conditions of Use is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these Terms and Conditions of Use and the validity and enforceability of the remaining provisions of these Terms and Conditions of Use shall not be affected.
8.3 No failure or delay by us in exercising any right under these Terms and Conditions of Use will operate as a waiver of that right nor will any single or partial exercise by us of aby right preclude any further exercise of that right.
9. Governing Law
9.1 The English courts will have exclusive jurisdiction over any claim brought by you arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms and Conditions of Use and dispute or claim arising out of or in connection with them or their subject matter or information (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
10.1 If you have any concerns about material which appears on this Website, please contact us at email@example.com