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Terms of Service

Terms and Conditions of Service


1. Introduction


These Terms and Conditions of Service set out the terms on which Biscuit Tin will provide the services (Services) accessed through www.biscuittin.co (the Site).

These Terms and Conditions of Service should be read in conjunction with our Terms of Use for the Website and Privacy Policy and any documents referred to in those documents (collectively together with these Terms and Conditions of Service “Terms”) which also apply to your use of and access to our Site and our Services.

Please read the Terms carefully before subscribing for or using the Services as these form a legally binding contract between you and us for your use of the Services. We provide you with access to and use of the Services subject to your compliance with the Terms. By subscribing for and using the Services you agree to be bound by these Terms.

You must be at least 18 years of age to use our Services and you must be resident in the UK. By using our Services or agreeing to these Terms, you warrant and represent to us that you are at least 18 years of age and that you are resident in the UK. Any Nominee specified by you in accordance with these terms must also be over 18 years of age.

Where you are a Nominee who has been provided with access to Subscriber Data in connection with the Services, you are required to comply with the provisions of the Terms regarding setting up accounts and access to Subscriber Data. You are also expected to familiarize yourself with our termination and cancellation rights and the limitations and exclusions contained in the Terms. You are also required to comply with our Website Terms of Use.

WE DRAW YOUR ATTENTION IN PARTICULAR TO THE PROVISIONS OF SECTION 8 WHICH SETS OUT OUR LIABILITY AND RESPONSIBILITIES TO YOU.

2. Services

2.1. The primary Service offered by us is a secure digital vault where you can upload materials, data and information, (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software, files and contact and other details of your Nominees) (Subscriber Data) that can be accessed by parties nominated by you (Nominees). Certain Subscriber Data may be accessed by your Nominees prior to your death (such as information regarding organ donation, guardianship of pets, and contact details of your medical and other professional advisors) with other information provided following your death. In order to access the Services and to open a digital vault, you must first register for an account in accordance with the following provisions:

2.2. Where you wish to subscribe for our Services, you must be resident or situated in the United Kingdom and be over 18 years of age. You may purchase our Services by registering for an account by completing and submitting the account registration form on the website, paying any applicable subscription fee and clicking on the verification link in the email that we will send to you.

2.3. We may grant you with a free trial for our Services. Where we grant you a free trial, certain aspects of our Services may be disabled or not made available to you during the period of any such free trial. You acknowledge that on expiry of your free trial your account will be blocked and you will have no further access to any Subscriber Data uploaded by you during the free trial. Subscriber Data uploaded during a free trial will not be retained by us following expiry of that free trial unless you go on to subscribe for the Services.

2.4. Once you have subscribed for the Services, through your account you will set permissions for access to your Subscriber Data by your Nominees. You may change details of your Nominees at any time through your account, the Services allow us to share your Subscriber Data with your Nominees. You should think carefully before nominating them. You are responsible for ensuring that the details of your Nominees are correct and kept up to date and that your Nominees are over 18, appropriate, willing and able to act. You confirm that you have all consents and authorisations necessary in order to provide any personal data relating to your Nominees to us.

2.5. Nominees will be sent a link requiring them to subscribe for an account by following the instructions set out in an email that will be sent to them. In the event that a Nominee fails to register for an account, the full functionality of the Services will not be available and they will not be able to access Subscriber Data.

2.6. You are required to:

2.6.1. keep your user ID and password confidential and change your password immediately in the event that you become aware of any unauthorized disclosure of your password or user ID;

2.6.2. not allow any other person to use your account to access the Site;

2.6.3. notify us in writing immediately if you become aware of any unauthorised use of your account; and

2.6.4. not use any other person's account to access the Site.

2.7. You are responsible for any activity on our Site arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

3. Subscription and Fees

3.1. To access our Services, you must pay the applicable subscription fees which will be set out on our Site and which must be paid in advance in cleared funds. All amounts stated on are website are stated exclusive of VAT. We may vary subscription fees from time to time by posting new fees on our Site, but this will not affect fees for Services that have been previously paid.

3.2. If your order is accepted, we will send you an order confirmation, at which point the contract between us for the supply of the Services shall come into force. For so long as your account and subscription remain active in accordance with the Terms, you will benefit from the features specified on our Site in relation to your subscription type.

3.3. We may from time to time vary the benefits associated with a subscription by giving you written notice of the variation, providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.

3.4. At the end of any period of subscription for which you have paid, and subject to the other provisions of these Terms, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our Site before the date of renewal.

3.5. You are responsible for keeping your payment information current, complete and updated. You agree that we may continue to charge your credit card for your subscription unless you have actively cancelled your subscription

3.6. If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

3.7. If you owe us any amount under or relating to these Terms, we may suspend or withdraw the provision of Services to you. We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

4. Your Cancellation right

4.1. You may withdraw an offer to enter into a contract with us through our Site, or cancel a contract entered into with us through our Site, at any time within the period:

4.1.1. beginning upon the submission of your offer; and

4.1.2. ending at the end of 14 days after the day on which the contract is entered into, subject to Section 4.2, you do not have to give any reason for your withdrawal or cancellation.

4.2 You agree that we may begin the provision of Services before the expiry of the period referred to in Section 4.1, and you acknowledge that, if we do begin the provision of Services before the end of that period, then:

4.2.1. if the Services are fully performed, you will lose the right to cancel referred to above; and

4.2.2 if the Services are partially performed at the time of cancellation, we may deduct a reasonable amount to cover the costs of Services supplied from any refund due to you in accordance with this Section 4.

4.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 4, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us by writing to us at [email protected]

4.4 If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 4, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 4.

4.5 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. We will process the refund due to you as a result of a cancellation on the basis described in this Section 4 without undue delay after we are informed of the cancellation

5. Subscriber Data

5.1. In these Terms, Subscriber Data means all materials, data and information, (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Site for storage or publication or, processing by, or transmission via, our Site or in connection with the Services.

5.2. You retain ownership of your Subscriber Data. You acknowledge that solely as required for the provision of the Services, we may store, process, use and reproduce your Subscriber Data and to grant access to your Subscriber Data to your Nominees.

5.3. You are solely responsible for your Subscriber Data. Your Subscriber Data must comply with our content standards contained in our Website Terms of Use. You agree that you shall not copy, upload, download or share content (including details of any Nominees or beneficiaries) unless you have the right to do so and that any Subscriber Data uploaded by you shall not infringe the intellectual property rights of any third party.

5.4. You are responsible for ensuring that your Subscriber Data is up to date, accurate and reflects your wishes at all time. We may send you periodic reminders requesting you to check and confirm your Subscriber Data but you acknowledge that we have no liability for your failure to ensure that your Subscriber Data is up to date, complete and accurate. You further acknowledge that on your death, your Nominees that are connected with your account at the time of your death will be able to access your Subscriber Data.

5.5. You are responsible for ensuring that you retain copies of your Subscriber Data. On termination or expiry of your account for any reason you or your Nominees will not be able to access your Subscriber Data through your account. We may, in our discretion, be able to provide you or your Nominees if appropriate with a download of your Subscriber Data for a short period (maximum 30 days) after termination or expiry of the Services on request but we recommend that you retain a copy of Subscriber Data for your own records.

5.6. Where your Subscriber Data contains personal data or Special Categories of Personal Data you hereby consent to us processing such personal data, including Special Categories of Personal Data for the purpose of providing Services to you, including providing access to your Nominees in accordance with the provision of the Services. You also confirm that you have in place all consents and authorisations to enable us to process personal data contained in your Subscriber Data.

6. Access to Subscriber Data Verification of Death and access of information by Nominees

6.1. Subscriber Data shall be stored, processed and released in accordance with our privacy policy. Subject to our privacy policy all Subscriber Data shall be kept secure and shall not be accessed by anyone other than you or your Nominees.

6.2. On your death, your Nominees will be able to notify us of your death through their account on our Site by following our notification of death procedures. Following receipt of such a notification and provided that your account is still active, we shall verify your death using our verification procedures. We shall usually verify your death based on a copy of your death certificate being uploaded by your Nominees. We shall be entitled to assume that any such copy death certificate uploaded by your Nominees is valid and represents a true and accurate copy.

6.3. Following verification (which may take up to 48 hours), your Nominees shall be provided access to your Subscriber Data by logging into their accounts. We will only provide email notification to your Nominees that the Subscriber Data is available in the event that their email accounts are kept up to date and valid. We shall have no responsibility in the event that your Nominees fail to access your Subscriber Data and/ or for the manner in which your Nominees use or do not use your Subscriber Data.

6.4. Your Nominees will have access to your Subscriber Data for a period of up to 180 days following notification of your death in accordance with 6.2. They will be provided with the opportunity to download a copy of your Subscriber Data during that 180 day period in a format provided by us. Following that 180 day period, your Nominee’s access to your Subscriber Data shall cease and your account shall terminate.

7. Cancellation, suspension and Termination of account

7.1. In the event that you do not renew your subscription for any reason by its due date your account shall be suspended. In the event that you re-subscribe within a 30 day period of such suspension your account will be reinstated from the date of expiry of your old subscription and the Services will continue as normal. In the event that you do not re-subscribe during this 30 day period your account shall be terminated, the Services will cease and you and/ or your Nominees shall have no further access to your account or to your Subscriber Data.

7.2. We may immediately suspend or terminate your access to the Services and/ or to our Site in the event that we, acting reasonably, consider that you have breached any of the Terms. In addition to our right to terminate, we may also take the following actions:

7.2.1. send you one or more formal warnings;

7.2.2. temporarily suspend your access to the Services;

7.2.3. permanently prohibit you from accessing our Site or the Services;

7.2.4. commence legal action against you, whether for breach of contract or otherwise; and/or

7.2.5. suspend or delete your account on our Site.

7.3. Where we suspend or prohibit or block your access to our Services or a part of our Site, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

7.4. Your account shall automatically terminate 180 days following notification of your death in accordance with Section 6.2. Your Nominee may download a copy of your Subscriber Data prior to expiry of that period in accordance with 6.4

7.5. Without prejudice to the foregoing, we may temporarily suspend your account; and/or cancel your account, at any time in our sole discretion, providing that if we cancel any Services you have paid for and you have not breached the Terms, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable notice of any cancellation under this Section 7.

8. LIMITATIONS AND EXCLUSIONS OF LIABILITY

8.1. NOTHING IN THESE TERMS WILL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE; LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION; LIMIT OR EXCLUDE ANY LIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW.

8.2. TO THE EXTENT THAT OUR SITE AND THE INFORMATION AND SERVICES ON OUR SITE ARE PROVIDED FREE OF CHARGE, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY NATURE. WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY LOSSES ARISING OUT OF ANY EVENT OR EVENTS BEYOND OUR REASONABLE CONTROL.

8.3. WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY BUSINESS LOSSES, INCLUDING (WITHOUT LIMITATION) LOSS OF OR DAMAGE TO PROFITS, INCOME, REVENUE, ANTICIPATED SAVINGS, BUSINESS, CONTRACTS, COMMERCIAL OPPORTUNITIES OR GOODWILL.

8.4. WE WILL NOT BE LIABLE FOR ANY FAILURE BY YOU TO ENSURE THAT YOUR SUBSCRIBER DATA IS COMPLETE, ACCURATE AND UP TO DATE OR FOR FOLLOWING ANY INSTRUCTION BY YOU REGARDING THE RELEASE OF YOUR SUBSCRIBER DATA. IN SIMPLE TERMS, ON YOUR DEATH, WE SHALL PROVIDE THE NOMINEES THAT ARE SPECIFIED IN YOUR ACCOUNT AT THE TIME OF YOUR DEATH WITH ACCESS TO YOUR SUBSCRIBER DATA. WE ARE NOT RESPONSIBLE FOR ENSURING THAT THEY ARE FIT TO ACT OR WILL USE YOUR SUBSCRIBER DATA IN ANY PARTICULAR MANNER.

8.5. WE SHALL HAVE NO LIABILITY WHERE YOUR NOMINEES FAIL TO ACCESS YOUR SUBSCRIBER DATA OR CHOOSE NOT TO ACT OR FOR ANY ACTION TAKEN BY YOUR NOMINEES IN CONNECTION WITH YOUR SUBSCRIBER DATA. WE SHALL HAVE NO LIABILITY FOR ANY CLAIMS BY YOUR BENEFICIARIES OR POTENTIAL BENEFICIARIES AS A RESULT OF YOU USING OUR SERVICES AND/ OR ANY ACTIONS OF YOUR NOMINEES. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR NOMINEES ARE APPROPRIATE TO ACT AS YOUR NOMINEES, THAT THEY ARE WILLING AND ABLE TO ACT AND THAT ALL DETAILS PROVIDED IN RELATION TO OUR NOMINEES ARE ACCURATE AND UP TO DATE.

8.6. WE SHALL HAVE NO LIABILTY FOR ANY FAILURE BY YOU TO RETAIN COPIES OF YOUR SUBSCRIBER DATA AND/ OR FOR ANY FAILURE OF YOU OR YOUR NOMINEES TO DOWNLOAD OR RETAIN COPIES OF YOUR SUBSCRIBER DATA PRIOR TO TERMINATION, EXPIRY, CANCELLATION OR NON-RENEWAL OF YOUR ACCOUNT FOR ANY REASON.

8.7. WE SHALL HAVE NO LIABILITY TO YOU FOR ANY FAILURE BY YOU TO OBTAIN APPROPRIATE CONSENTS OR AUTHORISATIONS FOR US TO PROCESS ANY PERSONAL DATA CONTAINED IN YOUR SUBSCRIBER DATA.

8.8. WE SHALL ENSURE THAT WE HAVE IN PLACE APPROPRIATE TECHNICAL MEASURES AND SAFEGUARDS IN ORDER TO PROTECT THE CONFIDENTIALITY OF YOUR ACCOUNT AND YOUR SUBSCRIBER DATA AND WE SHALL COMPLY WITH ALL APPLICABLE LAWS IN THE PROVISION OF THE SERVICES. HOWEVER, WE CANNOT GUARANTEE THAT OUR SECURITY MEASURES ARE 100% EFFECTIVE. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. IN PARTICULAR WE DO NOT WARRANT THAT THE SERVICES (I) WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE AT A PARTICULAR TIME OR LOCATION; (II) FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT (III) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT ALLOWABLE BY LAW ALL WARRANTIES EXPRESS OR IMPLIED RELATING TO THE SERVICES ARE EXCLUDED.

8.9. YOU ACCEPT THAT WE HAVE AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF OUR OFFICERS AND EMPLOYEES AND, HAVING REGARD TO THAT INTEREST, YOU ACKNOWLEDGE THAT WE ARE A LIMITED LIABILITY ENTITY; YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST OUR OFFICERS OR EMPLOYEES IN RESPECT OF ANY LOSSES YOU SUFFER IN CONNECTION WITH THE SERVICES OR THE TERMS (THIS WILL NOT, OF COURSE, LIMIT OR EXCLUDE THE LIABILITY OF THE LIMITED LIABILITY ENTITY ITSELF FOR THE ACTS AND OMISSIONS OF OUR OFFICERS AND EMPLOYEES).

8.10. OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SERVICES SHALL NOT EXCEED THE GREATER OF (i) ONE THOUSAND POUNDS (£1,000); AND (ii) THE TOTAL AMOUNT PAID AND PAYABLE TO US FOR THE SERVICES.

9. Variation

We may revise the Terms from time to time. We will give you written notice of any revision of these Terms, and the revised Terms will apply to the use of the Services from the date that we give you such notice; if you do not agree to the revised Terms, you may terminate the Services.

10. Assignment

10.1 We may assign, transfer or sub-contract with our rights and/or obligations under these Terms to a 3rd party.

10.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.

11. Severability

11.1 If any provision in these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

11.2 If any unlawful and/or unenforceable provision of the Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

12. Third party rights

12.1 A contract under the Terms is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

12.2 The exercise of the parties' rights under a contract under the Terms is not subject to the consent of any third party.

13. Entire agreement

The Terms and any documents referred to in them shall constitute the entire agreement between you and us in relation to your use of our Services and shall supersede all previous agreements between you and us in relation to your use of our Services

14 Law and jurisdiction

14.1 These Terms shall be governed by and construed in accordance with Scottish Law.

14.2 Any disputes relating to the Terms shall be subject to jurisdiction of the courts of Scotland unless you are resident in another part of the United Kingdom in which case you may choose to raise an action in England, Wales or Ireland as appropriate.

 

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