My LPA - Terms and Conditions
Definition and Interpretation
The definitions and rules of interpretation in this clause apply in these Terms unless the context otherwise requires:
"Agreement" means the agreement between You and Us for the provision of the Services in accordance with these Terms;
"Company" "We", "Our" and "Us" means Red Apple Digital Solutions Limited (registered in England and Wales under number 009362463) whose registered office is at First Floor, 1 Stafford place, Weston-Super- Mare, North Somerset BS23 2QZ;
"Customer" "You", "Your" and "Yourself" means the person, firm, company or organisation who uses the Services;
“Document(s)” means any document produced by MyDigiLawyer at the end of the Online Questionnaire;
"My LPA" means the collection of solutions operated and made available by Us to You as part of the Services and accessed via the Web Portal;
"MyDigiLawyer" means the solution whereby We collect information inputted by You and on completion Your Will is produced;
“Online Questionnaire” means the solution you are using as part of MyDigiLawyer;
"Third Party" means person, firm, company or organisation who is not a party to a lawsuit, agreement, or other transaction but who is implicated in it; someone other than the Company;
“Web Portal” means a set of Online Questionnaires and other services, collectively known as MyDigiLawyer.
My LPA is an online service providing legal forms and information and is powered by the Company. The Company are not a law firm and are not a substitute for a lawyer's advice about complex estate planning issues.
My LPA is intended for general guidance only and should not be considered to be full or comprehensive advice in relation to estate planning issues. Reliance on this information is at the Customer’s own risk and is not intended to replace the need for professional advice. The Company is not engaged in rendering legal services and before taking action on financial, legal or medical matters the Customer should consult a qualified professional adviser, who can consider and advise on the Customer’s individual circumstances.
- The information provided by the Customer in the Online Questionnaire is given to the Company for the purpose of producing the Customer's LPA. The Company will prepare a LPA for the Customer in accordance with those instructions given.
- The Customer is responsible for ensuring that the Online Questionnaire accurately reflects their wishes and that all information contained within the Online Questionnaire is complete and correct. If the information is not accurate or is incomplete it may affect the validity of the LPA.
- For the avoidance of doubt, The Company shall have no liability whatsoever for any invalidity of the LPA or any failure of the LPA to meet the requirements of the Customer, where the same is a result of the information in the Online Questionnaire being untrue, inaccurate incomplete or incorrect.
- The Company is not responsible for verifying information provided by the Customer and it is the Customer’s responsibility to ensure that such information is correct.
- The Customer acknowledges that they have sufficient mental capacity to make and execute a LPA and that the Online Questionnaire reflects their own true wishes and that they are not subject to coercion or undue influence by anyone in giving them.
- The Company shall produce the LPA and make this available to the Customer in their Cloud Vault as soon as the Online Questionnaire is submitted.
- The Company is not responsible for the execution of the Customer’s LPA nor obliged to supervise its execution, but will provide the Customer with detailed written instructions to follow for the signing and witnessing of the LPA. The LPA has to be signed and witnessed in accordance with strict rules and failure to observe these may render the LPA invalid. It is the Customer’s responsibility to ensure that the rules are followed. A wrongly executed LPA could be rejected by the OPG, with an additional registration fee being required to resubmit the LPA which is payable by the Customer.
- The Company reserves the right to decline provision of a LPA where in its discretion its service would not be appropriate. To ascertain this, the Online Questionnaire includes a series of suitability questions which the Customer must answer and the result of which will determine whether My LPA is suitable. The Company takes no liability for incorrect answers to the suitability questions whether accidently or intentionally and in the event that My LPA is no longer suitable, a refund will not be provided.
- Once the Customer has submitted the Online Questionnaire, then this submission is classed as being final and there will not be any option to amend or update the information. An additional charge will be payable to The Company if after the LPA has been produced the Customer wishes to alter the Online Questionnaire resulting in the LPA being re-produced.
- This service includes the preparation of the LPA and the work required for the registration of the LPA with the OPG. The Customer is liable for the registration fee (where applicable) which is charged by the OPG for the registration of each LPA document.
- The Customer may be entitled to a reduction or an exemption of the OPG registrationfee. The Company will provide the Customer with information including the criteria for these reductions. It is the Customer’s responsibility to ensure that they meet the necessary criteria before an application is made to the OPG for a reduction or remission of their registration fee, and must be able to complete the necessary application form, and provide any requested evidence to the OPG.
- The Customer agrees that the Company will not be held responsible for any document where the Customer has modified this whether by electronic means, with ink or any other means after, and as such rendered the document invalid and/or inaccurate.
Exclusions of Liabilty
The Company has made every effort to ensure the information is accurate and up-to-date. The information has been carefully compiled from reliable sources, however, its accuracy cannot be guaranteed as laws and regulations may change or be subject to differing interpretations, accordingly the Company accepts no liability for any errors or omissions. The Company cannot accept any responsibility or liability for any loss or damage to any person acting or failing to act as a consequence of relying on the content of My LPA. All information, figures and facts are believed to be correct as of January 2017. The Company reserve the right to change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes
The Company undertakes to use reasonable care and skill in the provision of any services requested by the Customer when using the Online Questionnaire and the Customer hereby acknowledges and agrees that the Company shall have no liability whatsoever to the Customer or to any other Third Party for any and all losses (including, but not limited to, consequential losses), costs, expenses, damages, actions, claims or proceedings whatsoever, whether direct or indirect, and howsoever incurred or experienced by the Customer and/or any other Third Party as a result of this Agreement and / or the provision of My LPA provided hereunder. Any and all implied warranties shall, so far as permitted by law, be hereby excluded from the provisions of this Agreement.
Any opinions expressed herein are solely those of the author and do not necessarily express the views or opinions of the company.
Third Party Web Disclaimer
Through My LPA you are able to link to other websites which are not under the control of the Company. The Company have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, The Company takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Acceptance of Terms
Use of My LPA constitutes acceptance of these terms.