Terms and Conditions of our EPT Membership Scheme

These terms and conditions are the contract between you and The Estate Planners Toolkit Limited (“us”, “we”, etc). By visiting or using Our Website and joining the Membership Scheme you agree to be bound by them.

We are The Estate Planners Toolkit Limited, a company registered in England and Wales under company number 13310859 and registered office at Brockley Road, West Bridgford NG2 5JY (“EPT”).

You are: Anyone who joins the EPT Membership Scheme and/or who uses Our Website. 

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

These are the agreed terms

1. Definitions

In this agreement, the following words shall have the following meanings, unless the context requires otherwise:

“Product” means the textual, visual or aural Product that is encountered as part of your experience on Our Website and in any goods we provide as part of the EPT Membership. It may include, among other things: text, images, sounds, videos and animations. Our Products are designed for professionals offering will and estate planning services in England and Wales only. Our Products are supplied to you subject to their Terms and Conditions which are available on Our Website.

“EPT Membership” means any Products or Services we provide on a Membership basis as set out on Our Website and in this contract.

“Services” means all of the services available as part of the EPT Membership, whether free or charged.

“Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the group of companies. It includes all web pages controlled by us.

2. Our contract

2.1 This is a business-to-business contract. These terms and conditions regulate the business relationship between you and us. By buying an EPT Membership or using Our Website free of charge, you agree to be bound by them. 

2.2 We do not offer the Products and or Services in all countries. We may refuse to provide the Products and or Services if you live in a country we do not serve.

2.3 In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Products and or Services given on Our Website.

2.4 Subject to these terms and conditions, we agree to provide to you some or all of the Products and or Services described on Our Website at the prices we charge from time to time.

2.5 Our contract with you will last for the following periods: 

One month minimum, and then is automatically renewed for a further month, on a rolling basis until cancelled by one months’ notice by you or by us, when the contract terminates. The contract may also terminate in accordance with clause 11.

2.6 We may change this agreement in any way at any time. 

3. Your account and personal information

3.1 When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

3.2 You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

3.3 You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

4. EPT Membership Services

4.1 Access to our basic website landing page and information about the Membership Services and prices is free of charge. 

4.2 Details of the cost and benefits of EPT Membership are as set out on Our Website. You may subscribe to EPT Membership at any time. 

4.3 You may not transfer your EPT Membership to any other person.

4.4 We reserve the right to modify the EPT Membership, Products and Services and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the EPT Membership Scheme after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted here on Our Website on the day you join as a subscriber and are modified from time to time thereafter. 

5. Prices

5.1 The price payable for EPT Membership, Products and Services that you order is clearly set out on Our Website.

5.2 No value added tax is applicable currently.

5.3 You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.

5.4 The EPT Membership is paid monthly in advance and renews automatically until either party terminates in accordance clause 2.5 or clause 11. 

6. Security of your Payment

We take care to make Our Website safe for you to use.

6.1 Card payments are not processed by us. We use an online payment service who will encrypt your card or bank account details in a secure environment.

6.2 If you have asked the online payment service to remember your card details for your next purchase or Membership, it will securely store your payment details on its systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

7. Restrictions on Products

7.1 We may, at our discretion, read, assess, review or moderate any Products on Our Website. If we do, we need not to notify you or give you a reason.

8. Product ownership, use, and IPR

8.1 The Products are for use by your sole business use only. Further Products may be purchased if you own more than one business or have multiple agents who would like their individual contact details customised on the Products.

8.2 You may use our Products to promote your own services and may print, email or upload to their own business website. We also allow you to do this on any Facebook account or page you control, but no other social media platforms without our written consent. 

8.3 You may print the Products but must not sell or loan or allow any replication of the Products to or by any third party.

8.4 You must not copy, replicate, alter or reproduce the Products in any other way other than specified in these terms or without our express permission in writing.

9. Security of Our Website

If you violate Our Website, we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

9.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

9.2 link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

9.3 download any part of Our Website, without our express written consent;

9.4 collect or use any Product and or Services listings, descriptions, or prices;

9.5 collect or use any information obtained from or about Our Website or the Products except as intended by this agreement;

9.6 aggregate, copy or duplicate in any manner any of the Products or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

9.7 share with a third party any login credentials to Our Website.

9.8 Despite the above terms, we now grant a licence to you to:

9.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. 

9.8.2 This licence is conditional upon you not portraying us or any Product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

10. Disclaimers and limitation of liability

10.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.

10.2 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

10.3 We make no representation or warranty that the Products or Services will be useful to you, of satisfactory quality, fit for a particular purpose, available or accessible without interruption or without error.

10.4 We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website, save that we use reasonable skill and care in creating the Products and delivering Services.

10.5 We cannot under any circumstances be regarded as supplying tax, legal or any other advice to you or your client. The Products and/or the Services are not intended to be a substitute for your exercise of proper professional judgment as may be required. We do not suggest any Product or Service is suitable for your particular use.

10.6 We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, or your EPT Membership which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business, or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.

10.7 Our Website sometimes includes content posted by third parties. We are not responsible for any such content. If you come across any content which offends you, please contact us via the “Contact us” page on Our Website. 

10.8 We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.

10.9 You agree that in any circumstances when we may become liable to you, in contract or tort, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the EPT Membership, Products or Services concerned.

10.10 This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999.

10.11 If you become aware of any breach of any term of this agreement by any person, please tell us at hello@estateplannerstoolkit.co.uk  We welcome your input.

10.12 Nothing in this agreement excludes liability for a party’s fraud or causing death or serious injury as a result of our negligence.

11. Duration and termination

11.1 This agreement shall operate for the period for which you subscribe to EPT Membership Scheme.

11.2 Either part may terminate this agreement with one month’s written notice to the other.

11.3 Termination by either party shall have the following effects:

11.3.1 your right to use the Services immediately ceases at the end of the notice period;

11.3.2 we are under no obligation to provide any Products or Services to you after the end of the notice period.

11.3.3 the fees due for the notice period will still be payable by you.

11.4 We retain the right, at our sole discretion, to terminate the EPT Membership immediately (and or any and all parts of the Product and or Services provided to you) without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement. 

12. Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

12.1 any act, neglect or default of yours in connection with this agreement or your use of the Products and or Services;

12.2 your breach of this agreement;

12.3 your failure to comply with any law;

12.4 a contractual claim arising from your use of the Product or the Services.

13. Dispute resolution

13.1 If you are not happy with our services or have any complaint, then you must tell us by email message to hello@estateplannerstoolkit.co.uk 

13.2 If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with the other in a process of mediation or arbitration. 

14. Miscellaneous matters

14.1 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

14.2 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

14.3 If you are in breach of any term of this agreement, we may:

14.3.1 terminate your account and refuse access to Our Website; 14.3.2 remove or edit Products, or cancel any order at our discretion;

14.3.3 issue a claim in any court.

14.4 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

14.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

14.6 Any communication to be served on either of the parties by the other shall be sent by first class post or by e-mail.

It shall be deemed to have been delivered:

• if sent by post to the correct address: within 72 hours of posting;
• If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

14.7 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.

14.8 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.

14.9 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.