© 2019 National Bereavement Service

National Bereavement Service (‘NBS’) Terms and Conditions

The terms and conditions on which NBS LTD. (informally known as ‘NBS’ or ‘NBS LTD.’) supplies information documents, signposted services and guidance and practical support regarding probate and legal services (as defined by those terms) to you.

 

1. These terms and conditions

1.1. These are the terms and conditions on which we supply information and practical support surrounding signposted Services (as defined below) to you.

1.2. Please read these terms and conditions carefully before you request any information from us. These terms and conditions tell you who we are, how we will provide services to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions or require any changes, please contact us to discuss.

 

2. Definitions and interpretation

2.1. “Document(s)” means any information documents requested and supplied to you.

2.2. “Privacy Policy” means the privacy policy on our Website which can be found at https://nationalbereavementservices.co.uk/terms

2.3. “Practical Guidance on Probate Services” means the practical guidance services provided by NBS relating to probate.

2.4 “Services” means the service provided by NBS relating to information and signposting.

2.5. “Website” means https://nationalbereavementservices.co.uk

2.6. “we”, “us”, “our” means NBS LTD.

2.7. “you”, “your”, “yours” means the user accessing the Website and ordering any information documents and/or Information Services from the Website.

2.8. “Writing” includes emails. When we use the words "writing" or "written" in these terms and conditions, this includes emails.

 

3. Information about us and how to contact us

3.1. We are National Bereavement Service Limited (informally known as ‘NBS LTD’ or ‘NBS’), a registered company in England and Wales under company registration number 09333323 our registered office is Hilden Park House, 79 Tonbridge Road, Hildenborough, Tonbridge, Kent, United Kingdom, TN11 9BH.

3.2. You can contact us by writing to us at help@nationalbereavementservices.co.uk or by post at the address above. Any request, notification, communication or notice under these terms and conditions may be made by NBS or on behalf of NBS via any email address of the domain Nationalbereavementservices.co.uk (namely, ‘name or function help@nationalbereavementservices.co.uk) as well as by other means such as post. However, the use of such an email address should not be relied upon as evidence that the communication has been sent by NBS.

3.3 If we must contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

 

4. Information Documents and Services

4.1 Registration

4.1.1 Please check that the Information Documents and/or Services we offer are suitable for your use before you order from our Website. It is important that you read through the various pages on our Website before you order Information Documents and/or Services.

4.1.2. To order Information Documents and/or Services from our Website, you will need to register your details with us. By registering, you agree to be bound by these terms and conditions and our Privacy Policy.

4.1.3. The Information Documents and Services are not suitable for you if your permanent home is not in England or Wales or if you own a business, agricultural property or assets outside of the UK.

4.1.4. You must be 18 years or over in order to register and to order Information Documents and/or Services from us.

4.1.5. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of registration and are not false or misleading or misrepresent your identity. Where requested, you must provide us with valid and complete contact details including your date of birth, a valid email address and a valid residential address.

4.1.6. When registering with us you will be required to provide an email address and password. You must ensure that you keep these details secure and do not provide this information to a third party. You agree to adhere to best practice in maintaining security as a user and in particular to selecting and confidentially storing passwords which adhere to best practice. We will not be liable for any unauthorised access by a third party using your email address and password.

4.2. Our contract with you

4.2.1. Our acceptance of your order for Information Documents and/or Services will take place at the time when we process your order, at which point a contract will come into existence between you and us.

4.3 Our products

4.3.1. Information Documents and/or Services ordered from the Website are intended for your use only and you warrant that any Information Documents and/or Services ordered by you are not for resale and that you are acting as principal only and not as agent for another party. We shall not

4.5. Our rights to make changes

4.5.1. We may change the Information Documents, Services and/or Website:

4.5.1.1. to reflect changes in relevant laws and regulatory requirements; and

4.5.1.2. to implement minor technical adjustments and improvements.

4.6. Providing the documents and services

4.6.1. We will make Information Documents available as digital content for download by you as soon as we accept your order. Where you have elected for a printed copy of the Information Documents. Please note that all delivery periods quoted at the time of ordering are approximate only and may vary.

4.6.2. We may have to suspend the supply of the Services to:

4.6.2.1. deal with technical problems or make minor technical changes; or

4.6.2.2. make updates to reflect changes in relevant laws and/or regulatory requirements.

 

5. Practical Guidance on Probate Services

5.1. The terms and conditions on which NBS provides practical guidance and support on Probate Services will be provided to you when you instruct NBS, or one of our partners, to obtain a grant of probate on your behalf.

5.2 The terms of service will detail, among other things, the legal service provider fees, the nature of their service, and how we work with third parties.

 

6. Your data

6.1. Where we have requested data from you to provide Legal Services or Probate Services, you agree to provide us with accurate and complete information.

6.2. You authorise us to use, store or otherwise process your personal information (in accordance with our Privacy Policy) in order to provide the any Information Documents to you and for marketing and credit control purposes. Please read our Privacy Policy for more information on how we store and process your personal information.

6.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

6.4. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the event of a breach in our secure computer servers or those of third parties.

6.5. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your required secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data which you provide when accessing or ordering from the Website.

 

7. How we may use your personal information

7.1. We will use the personal information you provide to us:

7.1.1. To be given to a third party legal provider should you require their services and at your specific consent.

7.2. We will only give your personal information to third parties where the law either requires or you allow us to do so.

7.3. Please see our Privacy Policy for further information about how we may use your personal information.

 

8. Intellectual property rights

8.1. Ownership in, and all rights created in relation to the contents of the Website vest in us absolutely unless otherwise indicated. We retain ownership of all intellectual property rights related to the Website, including copyrights, trademarks and other proprietary rights. No licence is granted to you to use any such intellectual property save that you are permitted to use the Website in accordance with these terms and conditions. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website. The collection, arrangement and assembly of all content on the Website is the exclusive property of NBS and is protected by copyright.

8.2. You are granted a non-exclusive, non-transferable licence by us to use our Website and to print pages from the Website. If you order an Information Document through the Website you will be granted permission to enable you to create and download your Document. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.

8.3. You retain all of the intellectual property rights in your data. You grant us a perpetual, irrevocable, transferable, worldwide, royalty free and unlimited licence to use, modify, keep, share, save, copy, and utilise, your data for the purpose of providing the Documents and/or Services to you and as set out in clause 7.

8.4. You shall not (i) license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Documents or the content of our Website in any way; (ii) modify or make derivative works based upon our Service and Website; (iii) embed a Document as an "iframe" or "frame" from within another application; or (iv) reverse engineer or access the Website, the Services or Documents in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to us, or (c) copy any ideas, features, functions or graphics of the Website. When using the Website you shall not: (i) send any correspondence that has not been suitably scanned for any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Website or the data contained therein, or our Website, servers or networks; (iii) attempt to gain unauthorised access to secure pages of the Website or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.

 

9. Our website

9.1. The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.

9.2. We use our best endeavours to ensure that the information available on the website is correct and accurate however the information is provided on an “as is” and “as available basis” and may become out of date over time.

9.3. The legal information we provide on the website does not constitute the provision of legal advice and we do not guarantee that this is correct, complete or up to date. The information contained on the website is general legal information and should not be construed as legal advice to be applied to any specific factual situation.

9.4. We aim to have the site available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all product descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.

9.5. You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.

9.6. There may be a number of links on our Website to third party websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.

 

10. Disclaimer and limitation of liability

10.1. NBS is not a law firm and is not registered or regulated by the Solicitors Regulation Authority. Any use of our Documents, Services or Probate Services or the Website does not create or constitute a lawyer-client relationship between NBS or any employee of or other person associated with NBS and you. It is for you to satisfy yourself that the nature of the Services and Probate Services that we offer and the Documents provided to you meet with your requirements and are satisfactory for your purposes and any legal requirements. We cannot accept any responsibility to you if the Documents and/or Services and/or Probate Services you purchased from our third party legal service providers us are not legally correct for your situation.

10.6. The Information Documents and Services are suitable for use in England and Wales only. If you live or have assets outside England and Wales then you should exercise caution when using any Document and/or Services as it may not be suitable and we shall have no liability for the suitability of the Document and/or Services.

10.7. We accept no liability and offer no warranty whatsoever for Documents which are made available to you to download from the Website free of charge.

10.8. We disclaim any and all liability to you on services that you have been provided with via a third party legal provider.  If you have been referred for a legal service and it is not to your satisfaction, you must follow that legal provider’s own complaint’s procedure. This does not affect your statutory rights as a consumer.

10.9. In no event shall we be liable to you for any loss of profits, loss of data or any indirect, special, or consequential loss.

10.10. The limitation of liability set out above does not apply to personal injury or death arising as a direct result of our negligence or any other liability which cannot be excluded or limited under applicable law.

10.11. We only supply the Information Documents and Services and Probate Services for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

11. Customer care

11.1. We strive to provide quality Services and Information Documents and Practical Support and Guidance regarding Probate Services and hope you will be pleased with the guidance and support we provide to you. We constantly seek to improve our service and we monitor our service standards.

11.2. We have a formal complaints handling procedure, a copy of which can be obtained on request. If you are unhappy about any aspect of the service you must in the first instance contact our Head of Legal. Please contact help@nationalbereavementservices.co.uk or by any other method of contacting us mentioned at 3.2. We will acknowledge your complaint within 7 days of receipt and then out team will investigate the circumstances and write to you with the results of the investigation within 56 days of receipt of the complaint.

11.3. These terms do not prevent you from seeking other means of redress.

 

12. Other important terms

12.1. We may subcontract any part or parts of the Services and Probate Services and we may assign, novate or transfer any part or parts our rights and obligations under these terms and conditions to another organisation without your consent or any requirement to notify you.

12.2. We may alter or vary these terms and conditions and/or our Privacy Policy at any time without notice to you.

12.3. These terms and conditions together with our Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us for Documents and Services. No other terms whether expressed or implied shall form part of these terms and conditions except as stated above relating to Probate Services. In the event of any conflict between these terms and conditions and any other term or provision on the Website, these terms and conditions shall prevail.

12.4. Any contract made for the Documents and/or Services is between you and us. No other person shall have any rights to enforce any of its terms. It is not intended that any of the undertakings and obligations set out in these terms and conditions shall be for the benefit of and capable of being enforced by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

12.5. Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

12.6. No delay or failure on our part to enforce our rights or remedies under these terms and conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

12.7. These terms and conditions and our Privacy Policy shall be governed by and construed in accordance with the laws of England and Wales. The parties here to submit to the exclusive jurisdiction of the courts of England and Wales.

 

 

 

© 2019 National Bereavement Service

The National Bereavement Service is a not for profit organisation. Registered address: Hilden Park House, 79 Tonbridge Road, Hildenborough, Tonbridge, Kent, United Kingdom, TN11 9BH. Company number 09333323