Terms and conditions

Terms and conditions for using Legado

OUR TERMS

These are the terms and conditions which governs your use of the Service we supply to you, whether you pay for it, have a free or discounted access, or are otherwise provided access to our services by one of our business customers.
- Please read these terms carefully before you access the Digital Vault (defined below). These terms tell you who we are, how we will provide products and Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- We will use the following terms throughout:
  - Data Protection Legislation: means the UK Data Protection Act 2018 and related subordinate legislation, as may be amended, updated or re-enacted from time to time, together with the GDPR for such time as it remains applicable in the UK.
  - Digital Vault the encrypted, online storage platform provided by us to the End User, with permitted access to the End User’s Nominees.
  - End User: the party who is using the Digital Vault for storage of his or her personal documents (“you”).
  - End User Data: the data and information inputted by the End User, for the purposes of using the Services, together with all data generated from use of the Services.
  - GDPR: the European Union General Data Protection Regulation (2016/679/EU).
  - Nominee: any person who is nominated by the End User to access the Digital Vault subject to our Nominee Terms of Use.
  - Services: the subscription Services to be provided by Legado to the End User under this Agreement via joinlegado.com.
1. Information about us and how to contact us
  - We are Legado Technologies Limited (“us”, “we”, “our”) a company incorporated in England (registered number 11597076) with registered office at Wsm Advisors Connect House, 133-137 Alexandra Road, Wimbledon, London, United Kingdom, SW19 7JY (“Legado”). Our registered VAT number is 313 9925 90.
  - You can contact us by writing to us at hello@joinlegado.com.
  - If we have to 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.
  - When we use the words “writing” or “written” in these terms, this includes emails.
2. Our contract with you
  - A contract will come into existence when you click to accept our Terms and Conditions and create a profile.
  - We only sell to the UK. Our website is solely for the promotion of our Services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
3. Our Services
  - We provide access to the Digital Vault to you and your Nominees.
  - The costs of access to the Digital Vault will be as displayed to you on our website.
  - We withhold the right to introduce pricing, should the product be initially provided without charge, at a later date.
  - We will supply the Services to you until either the Services are completed or the subscription expires (if applicable) or either party ends the contract as described within these Terms.
  - If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.
  - We may have to suspend the supply of a Service to:
    - deal with technical problems or make minor technical changes;
    - update the product to reflect changes in relevant laws and regulatory requirements;
    - make changes to Services as requested by you or notified by us to you.
  - We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 6 hours in any 24 hour period we will adjust the price so that you do not pay for Services while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 48 hours and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
  - Unless you are receiving access to the Digital Vault as part of services you are receiving through a third party (such as your pension provider), if you do not pay us for the products when you are supposed to, and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the Services where you dispute the unpaid invoice. We will not charge you for the Services during the period for which they are suspended. As well as suspending the Services we can also charge you interest on your overdue payments.
4. Your Obligations under these Terms
  - You are entitled to permit Nominees access to the Digital Vault, subject to the Nominee Terms of Use. Note that we do not accept any liability for the conduct or actions of your Nominees, and permitting access to such Nominees is at your own risk. You accept responsibility for the conduct and actions of any Nominee that you grant access to the Digital Vault.
  - You shall not access, store, distribute or transmit any viruses, or any material during the course of its use of the Digital Vault that:
    - is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; or
    - facilitates illegal activity; or
    - in a manner that is otherwise illegal or causes damage or injury to any person or property;

and we reserve the right, without liability or prejudice to its other rights, to disable you or your Nominee’s access to any material that breaches the provisions of this clause upon written notice to you.

You shall not (except to the extent expressly permitted under these Terms):
- attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute (as applicable) all or any portion of the Services or Digital Vault (as applicable) in any form or media or by any means; or
- attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form (as applicable) all or any part of the Services or Digital Vault; or
- access all or any part of the Services and Digital Vault in order to build a product or service which competes with the Services and/or the Digital Vault;
- attempt to obtain, or assist third parties in obtaining, access to the Services or Digital Vault, other than as provided under these terms; or
- attempt to bypass or disable any security feature or mechanism within the Services.
You shall keep all password and log-in details used in relation to the Services secure, and shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and the Digital Vault and, in the event of any such unauthorised access or use, promptly notify us.

Data Protection
- As between you and us, you shall own the End User Data and you shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the End User Data. We have no access to, nor do we monitor any End User Data posted or provided by you into the Digital Vault. We and any of our subcontractors shall only use End User Data as required to provide the Services and access to the Digital Vault.
- We shall follow our standard back-up practices, as may be notified to you from time to time, and as such practices may be amended by us in our sole discretion. In the event of any loss or damage to the End User Data, we shall restore the lost or damaged End User Data from the latest back-up of such End User Data in accordance with its standard, internal practices. We shall not be responsible for any loss, destruction, alteration or disclosure of End User Data caused by any third party (except those third parties sub-contracted by Legado, and for breaches of clause 3.3, for which it shall remain fully liable).
- We shall be the processor for all End User Data which contains Personal Data within the Digital Vault.
- You will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data (including that of a Nominee) to us for the duration and purposes of this agreement.
- Under current data protection legislation, we are required to include certain conditions for processing Personal Data in our possession. These conditions are set out below:
  - We will process Personal Data only on your documented written instructions unless we are otherwise required by applicable law to process that Personal Data (and if so, we will notify you of this unless we cannot under the law).
  - We will ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected.
  - We will ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential.
  - We will not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the End User has been obtained and the following conditions are fulfilled:
    - one of us has provided appropriate safeguards in relation to the transfer;
    - the data subject has enforceable rights and effective legal remedies;
    - we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
    - we comply with reasonable instructions notified to us in advance by the End User with respect to the processing of the Personal Data;
  - At your written direction, we will delete or return Personal Data and copies of the Personal Data to you on termination of the agreement unless required by law to store the Personal Data; and
  - We will maintain complete and accurate records and information to demonstrate our compliance with this clause
- You consent to us appointing certain third parties as a third-party processor of Personal Data under this agreement. We confirm that we have entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this clause 6 and in either case reflect and will continue to reflect the requirements of the Data Protection Legislation. As between you and us, we shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause
Our rights and duties
- The Services will be performed with reasonable skill and care in a professional and workmanlike manner.
- We do not warrant that you or your Nominee’s use of the Services will be uninterrupted or error-free; or that the Services, Digital Vault meet your requirements.
- We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledges that the Services and Digital Vault may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
- All intellectual property rights in the Services and Digital Vault are owned by or validly licensed to us. The Services and Digital Vault are proprietary to us (or the appropriate third party rights owner) and you and your Nominees acquire no rights in or to the Services and Digital Vault.
Your rights to end the contract
- If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
  - we have told you about an upcoming change to the Services or these terms which you do not agree to;
  - we have told you about an error in the price or description of the Service you have ordered and you do not wish to proceed;
  - there is a risk that supply of the Service may be significantly delayed because of events outside our control;
  - we have suspended supply of the Service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 days; or
  - you have a legal right to end the contract because of something we have done wrong.
- You do not have a right to change your mind in respect of:
  - digital products after you have started to download or stream these; or
  - Services, once these have been completed, even if the cancellation period is still running;
- How long do I have to change my mind?
  - You have 14 days after the day we email you to confirm we accept your order to change your mind. If you cancel after we have started providing you with access to the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
- Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for Services which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the Services until 3 March. We will only charge you for supplying the Services up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.
How to end the contract with us (including if you have changed your mind)
- To end the contract with us, please let us know by emailing us at hello@joinlegado.com. Please provide your name, details of the order and, where available, your phone number.
- We will refund you the price you paid for the Services by the method you used for payment. However, we may make deductions from the price, as described below.
- If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
- We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
Our rights to end the contract
- We may end the contract at any time by writing to you if:
  - you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
  - you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services.
- If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Effects of Termination
- We have the right to delete your Digital Vault entirely or in part under the following circumstances:
  - if you ask us to delete the Digital Vault under the relevant Data Protection Legislation;
  - if we are validly notified of your death, we are entitled to delete the Digital Vault after a period of one year;
  - if you choose to close your account or terminate the agreement, we may hold the Digital Vault for a fixed period of time before deletion, subject to our obligations under the relevant Data Protection Legislation.

If there is a problem with the Services
- If you have any questions or complaints about the Services, please contact us. You can write to us at hello@joinlegado.com.
- We are under a legal duty to supply Services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

a) You can ask us to repeat or fix a Service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

Price and payment
- You shall pay the Fees directly to us in accordance with this clause 13 unless you are receiving access to the Services through an agreement you have with a third party (such as, for example, a pension provider).
- All fees shall be paid by recurring payment [monthly/annually] in advance, and shall be payable by you in GB Pounds Sterling.
- You shall provide to us valid, up-to-date and complete credit card or direct debit details acceptable to us and/or any other relevant valid, up-to-date and complete contact and billing details.
- By providing your credit card details or bank direct debit details to us, you hereby authorise us to bill such credit card or bank account prior to granting you access to the Digital Vault for Fees payable.
- If we have not received payment within 30 days after the due date, we shall notify you of the non-payment in writing (including e-mail). If you do not make payment of all amounts due within 21 days after the overdue notice, and without prejudice to any of our other rights and remedies:
  - We may, without liability to you, disable you and your Nominee’s passwords, accounts and access (where applicable) to all or part of the Services and we shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid; and
  - interest shall accrue on such due amounts at a rate equal to 2% per month, commencing on the due date and continuing until fully paid, whether before or after judgment.
- All amounts and fees stated or referred to in these Terms shall be payable in Pounds Sterling, are non-cancellable and non-refundable, and are inclusive of all applicable taxes.
Our responsibility for loss or damage suffered by you
- If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Services.
- If we are providing Services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.
- We are not liable to you for business losses. We only provide access to the 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.
How we may use your personal information

We will only use your personal information as set out in our Privacy Policy, https://www.joinlegado.com/legal/privacy/.

Other important terms
- We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- If you have a Free plan, you may:
  - Share your vault with unlimited nominees;
  - Allow nominees to add information to your vault;
  - Create and share a Legacy Plan;
  - Access our library of guides and resources;
  - Access UK-based email, phone and web chat support; and
  - Upload up to 50 files (Max 200mb per file).
- If you have a Premium plan, you have access to all of the features of the Free plan, plus
  - After-death sharing;
  - Personalise your vault, including favourites;
  - Upload audio and video; and
  - Upload up to 1TB (one terabyte) of data.
- If you have a Premium plan, and move or are moved to a free plan for any reason, we may, at our discretion, remove any documents from your vault that are not included in the free plan without notice, including, but not limited to, documents that exceed the size limitations, documents that do not conform to accepted file types, or documents that exceed the numeric limitations of the basic plan.
- You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

17. Nominees – Additional Terms of Use

Prohibited uses

You may use our platform only for lawful purposes. You may not use our platform:

in any way that breaches any applicable local, national or international law or regulation.
in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
for the purpose of harming or attempting to harm minors in any way.
to bully, insult, intimidate or humiliate any person.
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
not to access without authority, interfere with, damage or disrupt:
any part of our site or platform;
intentionally destroy, delete, corrupt, or make inaccessible any content or documents on our platform, including the secure digital vault to which you are granted access;
any equipment or network on which our platform is stored;
any software used in the provision of our platform; or
any equipment or network or software owned or used by any third party.

If the Nominee is granted permission to upload or contribute content, then these standards apply to any and all material which you contribute to our site (“Contribution”), and to any interactive services associated with it.

The standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

Legado will determine, in its discretion, whether a Contribution breaches the standards.

Breach of this policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use access our platform or use our site.
Immediate, temporary or permanent removal of any Contribution uploaded by you to our platform.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.