Terms and Conditions

NM MONEY ONLINE WILL SERVICE - TERMS AND CONDITIONS OF USE

These terms and conditions shall apply to You and Your use of the Website. By using the website, You agree to be bound by the terms and conditions set out below and if You do not wish to be bound by these terms and conditions You should not use the website. We reserve the right to alter these terms and conditions from time to time but if We do so, We shall post any such changes on the website. Your continued use of the website shall constitute acceptance of the amended terms and conditions.

DEFINITIONS:

  • Advised Complex Will:

Means a Will where Your requirement exceeds the scope and definitions of a Simple Will, is unable to be reproduced through the Online Will Service and/or requires qualified advice in relation to the use of trusts, tax planning and other specific needs.

  • Complimentary
Means access to the Online Will Service where payment for the creation and production of a Simple Will is not required.
 
  • Draft Will

Means a version of Your Will created, based on Your answers to the questions You have entered in response to questions asked in the Online Will Service which may be amended as required before your Final Will is determined and produced.

  • Final Will

Means the Verified version of Your Draft Will, which is the legal declaration of Your wishes as to the disposition of Your property or estate after Your death which is ready for signing, dating and witnessing.

  • Online Will Service

Means the online questionnaire and data capture form located at portal.nmmoney.co.uk where You enter the information required to create and produce a Simple Will.

  • Promotional
Means access to the Online Will Service where payment is required for the creation and production of a Simple Will
 
  • Simple Will

Means a Will that can be produced through the Online Will Service and disposes of Your estate to a maximum of six beneficiaries without the use of trusts/or advice in relation to trusts or tax planning.

  • The Service: Means
  1. Access to the Online Will Service,
  2. The creation of a Draft Will
  3. The production of a Final Will
  4. Consultation in relation to the suitability of a Simple Will to Your circumstances,
  5. Help with questionnaire completion and document fulfilment services via email or by telephone.
  • User(s):

Means a person eligible for a complimentary Will, who has/have registered their details and has access to the Online Will Service.

  • Verified:

Means You have checked the content of Your Draft Will and confirmed that it is a complete and accurate representation of Your wishes in relation to the distribution of Your property or estate upon Your death.

  • We/Us/Our:

Means NM Mortgages Limited. (NM Money)

  • Website:

Means any domain registered to NM Money which provides the Online Will Service.

  • Will

Means a legal declaration of a person’s wishes as to the disposition of his or her property or estate after their death.

  • You/Your

Means the User(s) of the Website and the Online Will Service.

BY USING THIS WEBSITE YOU AGREE THAT:

You will not do anything that affects the integrity or security of this Website or causes or may cause harm, damage or unreasonable inconvenience to other Users of this Website or Us; and You will not gather, extract, download, reproduce and/or display or advertise on any other Website, other online or off-line service or otherwise, any material on or from this Website, including but not limited to information relating to Wills, whether that information has been gained by the use of spiders, data mining, trawling or other ‘screen scraping’ software or system used to extract data.

If You breach any of the provisions set out above, We may take such action as We deem appropriate, including denying You access to the Website, bringing legal proceedings against You and disclosing information to appropriate legal and/or regulatory bodies.

The website supplies functionality enabling You to produce a Legal Document with a degree of customisation. Information and documentation supplied is to guide in the creation of Legal Documents but does not constitute legal, financial or tax advice.

The functionality and information supplied for Your use in generating Your Legal Document is unable to cover all individual circumstances. Should You be unsure on how such a Legal Document might affect You, We recommend that you obtain legal advice from a solicitor prior to signing the Legal Document. Any Legal Document produced by this site and executed without first obtaining legal advice or doing your own thorough legal research is done so entirely at Your own risk, and You accept full responsibility should it prove to be unsuitable to your circumstances. Specialist legal advice should always be sought in relation to any particular circumstances.

The Legal Documents generated by the Service are designed to be suitable for the application of the laws of England and Wales. If You live or have assets outside England and Wales then You execute any document purchased using the Service entirely at Your own risk. We will not normally process refunds for clients who have ignored or chosen not to read our comprehensive advice on this subject. All communication that We send to You will assume that You have read this notice.

Statutory changes and constant changes due to case-law and/or ‘reinterpretation’ of existing precedents, results in Us not being able to guarantee that the Legal Documents or information will be up to date, complete or accurate and You agree to regularly review Your Will in light of the above.

The process permitting You to produce Your Legal Document(s) involves the use of an online ‘questionnaire’ which incorporates ‘Guidance Notes’ both in the questionnaire itself and via an appropriately titled link in the questionnaire.

The reading and interpretation of the ‘Guidance Notes’ and the correct application of the advice therein to Your particular situation is Your responsibility.

Should You encounter any problems using the Service then You can seek assistance by contacting Us. We shall in no way be liable should You fail to read or correctly follow these instructions. Our reply should never be taken as containing any legal, financial or tax advice or opinions. If You require advice We can provide details of one of our partners who may be able to assist you.

YOUR OBLIGATIONS:

You must only use the Website for Your personal use.

It is Your responsibility to ensure that all information You supply to Us or enter onto the Website is complete and accurate in all respects, so please double-check Your information before submitting it.

You will need to answer a number of questions in order obtain a Will on the Website. These questions are designed to ensure that We have all of the information necessary to provide You with accurate, appropriate and timely information.

Where You use the Online Will Service to make a Will or Wills it is Your responsibility to determine the extent of Your estate and it is Your responsibility to determine and make available to Your personal representatives proof of property ownership and to evaluate the nature and repercussions of any jointly-owned property. The Legal Documents generated by the Service are designed to be suitable for the application of the laws of England and Wales. If You live or have assets outside England and Wales then You execute any document purchased using The Service entirely at Your own risk and You should take legal advice concerning those assets and how they will be dealt with on Your death in the jurisdiction which they or You are based.

If You make amendments to Your legal document(s) after they have been checked by Us, and then re-generate the documents whilst declining the opportunity to have one of our Will writers check the amended legal document(s), then You do so entirely at Your own risk and We shall not in any way be liable for any consequences.

The Will generated by You, is based upon Your marital status at the time of making Your Will. If You are intending to marry or divorce,You will need to make a new Will afterwards.This is because marriage will invalidate a Will and divorce will invalidate certain parts of the Will.

If You leave a gift in Your Will, You must still own it at Your death in order for it to be dealt with under Your Will. Similarly, if You leave a monetary gift (which may or may not rise with inflation); please note that should the total value of all cash sums exceed the value of Your estate, after the deduction of any debts and taxes, the sums will be calculated pro-rata to the actual value of Your estate on death.

Except where expressly stated, all corrections and amendments to legal documents are Your responsibility and must be carried out by logging back into the Online Will Service, working through the appropriate questionnaire, and re-generating new versions of Your legal documents (which must then of course be downloaded, printed, signed and witnessed). It is Your responsibility to ensure that the Will is duly witnessed and signed to ensure the validity of the document and We accept no liability for this unless specifically requested by You to advise and assist in the attestation of the Will.

Our normal communication with You - including the comments of a Will writer on reviewing Your legal document(s) - will be via email unless advised otherwise. It is Your responsibility to ensure that Your ‘spam’ filters do not block emails from Us and to act on any comments made - which will be given without liability. It is Your responsibility to enter Your email address correctly when You use The Service and, should Your email address change, to amend it. We will not be responsible for the failure of any communication from Us to reach You as a result of You having incorrectly entered Your email address or failed to keep it up to date.

PRIVACY POLICY:

We shall comply with all applicable data protection legislation from time to time in force, in respect of the personal data We collect from You. Details of how We will use Your data can be found in Our Privacy and Cookie Policy

INTELLECTUAL PROPERTY:

All information, data and copyright material contained on this Website, including any trademarks (whether officially registered or unregistered), trade names, brands, logos and devices belong to Us or to people whom We have given ownership or permission to use such information data and/or copyright material. You must not use such information or copyright material unless You have written permission from Us or the owner to do so.

You may download or copy the content and other downloadable items displayed on this Website for personal non-business use only, provided that You are not otherwise breaching these Terms and Conditions.

RESPONSIBILITY FOR CONTENT:

We make no representations or warranties of any kind in relation to the accuracy, completeness, or suitability for any purpose of any information or graphics published in this Website or otherwise in respect of the Website or its contents. The information contained in this Website may contain technical inaccuracies or typographical errors.

All Our liability howsoever arising for the content of the Website and its accuracy, completeness or suitability or for any misrepresentation or breach of contract in respect of the Website or its contents is expressly excluded to the fullest extent permitted by law.

We make no warranty that the Website or any linked Website is free from viruses or other malicious computer problems. You are responsible for ensuring that You use the appropriate virus checking software. Neither We nor any of our employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property in claims of third parties.

Notwithstanding the foregoing, none of the exclusions and limitations under this section are intended to limit any rights You may have as a consumer under local law or other statutory rights which may not be excluded or in any way to exclude or limit our liability to You for death or personal injury resulting from our negligence or that of our employees or agents.

Neither We nor our suppliers or affiliates will be liable to You in contract, tort (including negligence) or otherwise for any indirect, consequential, special or incidental damage or loss arising from Your use of or inability to Use the Website (including any of its contents) and/or any Legal Document, including (without limitation) loss of business or profits or anticipated savings, loss or corruption of data, loss caused by a virus, loss of or damage to property, claims of third parties, fines or penalties levied by any taxing or other authority or any other loss or damage. In particular, neither We nor Our suppliers or affiliates will be liable for any Inheritance Tax liability incurred by Your Estate as a result of the interpretation of Your Will by the appropriate Tax authorities.

You acknowledge that You are in a better position than Us to foresee and evaluate any potential damage or loss that you may suffer in connection with Our site and that We, therefore, cannot adequately insure against such liabilities. Notwithstanding the foregoing, Our liability (including that of Our affiliates and suppliers) to You in respect of losses or damages arising directly or indirectly from Your use of or inability to use the Website (including any of its contents) and/or any Legal Document, irrespective of whether such loss or damage is based on contract, tort (including negligence) or otherwise, shall be limited, in relation to any one incident or series of related incidents, to the lesser of (i) 125% of the amount paid by You for the Legal Document, or (ii) £1000.

We have in our sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of Your right to use the Website if You:

  • Act inconsistently with and/or in breach of these terms and conditions;
  • At any time violate or attempt to violate any rights of any other user of the Website or of any other third parties;
  • Are engaged in any fraudulent activity.

If any provision of these terms and conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other terms and conditions and the remainder of the provision in question will not be affected.

The Laws of England and Wales will apply to these terms and conditions and the parties agree to submit to the exclusive jurisdiction of the English courts.

Save as expressly provided elsewhere, these terms and conditions shall apply only between Us and You and no other person or entity shall be entitled to benefit from them.

OUR SERVICE TO YOU:

We aim to provide the highest levels of service however, occasionally things can go wrong. When this happens We want the chance to put things right. If You have a complaint about The Service, please contact us as follows:

  • by phone: 01933447377 (Monday to Friday 9am-5pm)
  • by email: complaintsofficer@nmmoney.co.uk   
  • in writing to: The Complaints Officer, NM Mortgages Ltd, 16 High Street, Rushden, NN10 0PR. 

We continually seek to improve our service and welcome feedback from our customers. Should You encounter any frustrations or problems in using the website, We'd like to hear from You. When You have completed Your Will, please take time to complete our customer feedback questionnaire or feel free to email Us any time with Your suggestions to customerexperience@nmmoney.co.uk

TERMS AND CONDITIONS – COMPLIMENTARY AND PROMOTIONAL SIMPLE WILL OFFERS:

  1. To be eligible for the Complimentary Simple Will offer, You must have purchased a qualifying product from NM Money or a participating affiliate of NM Money and the Will must be made by You and for You alone.
  2. To be eligible for the Promotional Simple Will offer, You must have been referred to the Online Will Service by a person or persons who have purchased a qualifying product from NM Money or a participating affiliate of NM Money and the Will must be made for You and You alone.
  3. You must be over the age of 18 and a UK resident currently living in England or Wales to qualify.
  4. By registering/agreeing to register Your details, You agree to be contacted by Us either by email, letter or by telephone in relation to Your use of the Website and/or to offer consultation in relation to Your requirements. If You do not wish to be contacted please advise Us of this by using the opt-out notification on the Website or any email You receive.
  5. If Your access to the Online Will Service is Complimentary, You may generate and download copies Your Draft Will without limitation to the point at which You verify the last drafted version of Your Will.
  6. If Your access to the Online Will Service is through a Promotional Offer, You must make payment before You can generate and download (or request) a copy of Your Draft Will. Once you have made payment You may generate and download copies of Your Draft Will without limitation to the point at which You verify the last drafted version of Your Will. 
  7. Provided You have Verified Your Draft Will, and confirmed You do not wish to take up the Storage Offer, We shall send via email a copy of Your Final Will identical to the last Draft Will You created and Verified. Your access to and use of the Website will subsequently be restricted to the functionality available in Your 'My Account' service. Should You subsequently wish to continue to use the Online Will Service to amend Your details for the purpose of generating a new Will, it will be made available subject to payment of our standard charge for amending a Simple Will applicable at that time.
  8. If Your eligibility to use the Online Will Service on a complimentary basis is due to Your subscription to a qualifying product purchased through NM Money or an affiliate of NM Money and You subsequently cancel such qualifying product, access to the Online Will Service will be terminated by Us immediately. 
  9. Should Your access to the Online Will Service be terminated by Us for reason other than You cancelling a qualifying product, before you have received Your Final Will, We will notify You no less than seven (7) days before termination.
  10. We accept no responsibility or liability for any errors or omissions contained in any Will produced through the Online Will Service and You accept entire responsibility for the accuracy of the information You submit and the content of Your Final Will.
  11. At Your request and free of charge, We will check the content of Your Draft Will and provide consultation via email or telephone within the scope of The Service. Please note such checking is to ensure the Will makes sense and is not the provision of legal or taxation advice.
  12. If Your requirements are more complex and are such that they are not catered for within the defined scope of The Service and/or the Simple Will, We will notify You of this. If We do, We will provide details of one of our partners however they are not obligated to provide You with any of their services and You are not obligated to use their services if You wish to seek advice elsewhere.
  13. Costs for an Advised Complex Will or other legal services for which You instruct any other provider to act on Your behalf shall be charged to You directly by them. They will be keep you appropriately informed as to the likely costs of the Advised Complex Will or other services before such services commence.
  14. If instructed by You to do so, We will store Your Final Will securely on Your behalf. The current cost for storage is £35 for 12 months. Under the terms of the Complimentary Simple Will offer, We will store Your Will for the first 18 months for the 12 month price of £35. Should You wish storage to continue beyond the 18 month period the price and corresponding duration of storage will revert to that which is applicable at that time. The cost of storage under the Promotional Simple Will offer is £35 for the first 12 months. Should You wish storage to continue beyond the 18 month period the price and corresponding duration of storage will revert to that which is applicable at that time. 
  15. If You decide to take up the storage facility offer, We will send to You a printed and bound hard copy of Your Final Will. Access to the Online Will Service will continue to be available to You for the duration of any paid storage period and any amendments You wish to make to Your Simple Will can be made by You through the Online Will Service provided such amendments fall within the scope of The Service and the Will is still defined as a Simple Will.
  16. We reserve the right to amend or withdraw any Complimentary or Promotional offer at any time and will notify You in writing should We exercise this right.
  17. You agree that NM Mortgages Limited and its authorised employees and agents can access Your account, including its contents as stated above, to respond to support queries or technical issues or to fulfil the obligations under this Agreement. We reserve the right at all times to monitor, review, retain, and/or disclose in good faith any information if We believe that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of NM Mortgages Limited or enforce these Terms and Conditions.
  18. These Terms and Conditions shall be governed in all respects by English Law and both parties submit to the exclusive jurisdiction of the English Courts.
  19. These Terms and Conditions, constitute the entire agreement between You and NM Mortgages Limited in relation to Your use of this Website and The Service, and shall supersede any previous agreement, inducements or understanding between You and NM Mortgages Limited.

NM Mortgages Limited is a company registered in England and Wales; company number 06061352; registered address: Russell House, Elvicta Business Park, Crickhowell, Wales, NP8 1DF

NM Money is a trading style of NM Mortgages Limited, registered in England No 5336870 is authorised and regulated by the Financial Conduct Authority (FCA), registration number 486916.

Registered Address: Russell House, Elvicta Business Park, Crickhowell, Wales, NP8 1DF.

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