Terms & Conditions for INSIGHT

1. Use of this Website

INSIGHT is a service (INSIGHT) provided by Kings Court Trust Corporation plc (Kings Court). These Terms and Conditions (Terms) and our Privacy Policy apply to the entire contents of INSIGHT. Please read the Terms and Privacy Policy carefully before using INSIGHT. Using INSIGHT indicates that you accept the Terms and Privacy Policy. If you do not accept the Terms and/or Privacy Policy, please do not use INSIGHT.

These Terms, as amended from time to time, and any other terms of business on INSIGHT shall constitute the entire agreement between you and Kings Court in relation to your use of and access to INSIGHT. We reserve the right to change the terms at our discretion by changing them on INSIGHT.

The data and information on INSIGHT are owned or licensed to Kings Court (we) and as such is protected by copyright, database and other laws concerning intellectual property.

1.1
You may access, download and print the data and information and retain that data and information as a data source for yourself. You may use the information and data only for your own informational purposes and provided that in each case you comply with the associated conditions that make such use lawful and within the meaning of the Copyright, Designs and Patents Act 1988 and for those purposes which that Act and/or the Copyright and Rights in Databases Regulations 1997 declare not to constitute infringement of the intellectual property rights with which they deal.

1.2
The download licence in the above paragraph is personal, non-exclusive and non-transferable and is given on the following conditions

1.2.1.
No documents or related graphics on INSIGHT are modified in any way

1.2.2
No graphics on INSIGHT are used separately from accompanying text

1.2.3
Copyright and trade mark notices and this permission notice appear in all copies

1.3
Except as provided in the paragraphs above you may not otherwise access, download, copy or use any of the data or information on this site and under no circumstances may you sell it or otherwise seek to turn it to account, directly or indirectly.

2. Ownership

You understand and agree that the content on INSIGHT is protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws.

You agree that the site and its content are for your sole use and benefit. You further agree not to utilise, transfer, or disperse any content in any manner which might compete with the business of Kings Court. You accept that the site is not to be used for the provision of legal advice or other professional advice.

2.1
You may retrieve and display site content on a computer screen or print individual pages on paper. You must not store such information on a server or storage device.

3. Registration

In order to access INSIGHT, you will need a User ID and password. You will provide Kings Court with certain necessary details, all of which must be accurate, complete and up to date. It is your responsibility to update Kings Court immediately with any changes to the information provided.

It is your responsibility to maintain the confidentiality of your User ID and password. You are further responsible for all pre-registered entry to member areas under your account. You will notify Kings Court immediately at probate@trustcorporation.com on becoming aware of any breach of security or unauthorised use of your account or password.

3.1
You agree that Kings Court can access your account, to respond to support queries or technical issues or to fulfil the obligations under these Terms.

3.2
At its sole discretion, by electronic notice, Kings Court may terminate your password, User ID, account or use of the service and remove and delete any content stored, for any reason, and without limitation, if Kings Court believes that you have acted inappropriately or violated the letter or spirit of these Terms.

4. Data Protection and Privacy

You agree to comply with applicable data protection laws. Subject to the
Privacy Policy, which forms part of these terms.

Where you provide personal information relating to others (such as names of trustees and beneficiaries) you confirm that you have their consent or are otherwise entitled to provide this information to us and for us to use it in accordance with these Terms.

You must at all times safeguard your personal login details (e.g. User ID & passwords).  You should ensure that third parties do not overlook you when logging on and you must not disclose your login details to any other person nor with multiple users on a network except as may be expressly permitted pursuant to the terms of use applicable to the transactions for which you have registered. Responsibility for the security of all your login details rests with you.

5. Indemnities, Warranties and Representations

Kings Court reserves the right at all times to monitor, review, retain, and/or disclose in good faith any information if it believes in good faith that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of Kings Court or enforce the Terms.

5.1
If you make amendments to a document(s) generated or downloaded through INSIGHT then you do so entirely at your own risk and we shall not in any way be liable for any consequences.

You accept that Kings Court is not responsible for the provision of any advice in connection with the terms of any document(s) produced through INSIGHT or yours or
a third party’s personal circumstances and is under no duty to provide any advice to you, or under a duty of care to you or any third party.

5.2
You represent, warrant and undertake that:-

(a) you or a third party has the capacity to produce a document(s);

(b) you or your client are at least eighteen (18) years of age;

(c) you will not infringe the copyright or any other intellectual property rights of Kings Court;

(d) you will comply fully with the Terms;

(e) you will not copy, reproduce, download, seek to replicate or exploit INSIGHT or any software which is proprietary to Kings Court.

(f) You hereby agree to indemnify and hold harmless Kings Court and keep Kings Court fully and effectively indemnified on demand against all costs, claims, damages, liability and expenses (including any professional fees) which Kings Court might suffer by reason of a breach by you of the Terms and in particular any of the above representations.

5.2.1
For the avoidance of doubt, this indemnity shall extend to any losses which Kings Court may suffer as a result of the use by third parties of your email, password and User ID except in circumstances where you can demonstrate to Kings Court’s satisfaction that such third party obtained the relevant details through no fault of your own.

6. Disclaimer and Limitation of Liability

The content on INSIGHT is provided by Kings Court for general information only, and is provided on an "as is" basis and is not intended to cover all individual circumstances. In particular, the content does not constitute any form of legal advice or recommendation and documents prepared through the Website do not provide legal advice nor represent a legal service.

Although every effort is made to ensure that information provided is accurate and reflects the law at the time of use, it may or may not reflect current events or changes in the law. Before you act or rely on the information provided, you should take advice.

We disclaim all liability for actions taken or not taken based on the information provided.

INSIGHT is for your personal use and is not to be used for any commercial purposes. As a result, we will not be responsible in any circumstances for your loss of profits, for any loss including wasted expenditure, corruption or destruction of data, or for any damages or losses resulting from your inability to use INSIGHT. We cannot promise that INSIGHT will be uninterrupted or entirely error free.

6.1
All arrangements made between you and any third party are at your sole risk and responsibility.

6.2
You alone are responsible for ensuring that the information you give to produce any document through INSIGHT is correct (this includes information in relation to the identity of any parties or signatories, their age or capacity, the correct execution of any document or any future review of a document). You are responsible for providing the correct information.

6.2.1
You must carefully check that the document produced fully reflects the wishes of yourself or any third party. If it does not, the document should not be executed. It is your responsibility to ensure that any document is properly executed in accordance with the instructions that are provided to you.

6.2.2
Kings Court will not be responsible for the provision of any advice given in connection with a document(s) produced or a third party’s personal circumstances and is under no duty to provide any advice to you.

6.3
Documents are prepared in accordance with the law of England & Wales. You should not use them in any other jurisdiction, or if any person or entity who is to sign it or the property the document deals with, is outside the jurisdiction of England & Wales.

6.3.1
Kings Court makes no warranties or representations, whether express or implied, in relation to the site, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.

Kings Court also makes no warranty that the site will meet your requirements, be compatible with your browser or that your use of the site will be uninterrupted, timely, secure or error-free.

6.3.2
To the extent permitted by law, you agree that Kings Court shall not be liable for any consequential or incidental damages (including but not limited to any financial loss) or for failure to meet any duties even if Kings Court or its representatives have been advised of the possibility of such damages arising.

7. Exclusion of Liability

Neither we nor our suppliers or affiliates will be liable to you in contract, tort (including negligence) or otherwise for any indirect, consequential, special or incidental damage or loss arising from your use of or inability to use the website (including any of its contents) and/or any Legal Document, including (without limitation) loss of business or profits or anticipated savings, loss or corruption of data, loss caused by a virus, loss of or damage to property, claims of third parties, fines or penalties levied by any taxing or other authority or any other loss or damage.

In particular, neither we nor our suppliers or affiliates will be liable for any Inheritance Tax liability incurred by you or any third party as a result of the interpretation of any document(s) generated through INSIGHT by the appropriate Tax authorities.

8. Termination or Suspension of Service

It may be necessary to suspend access to the site for the purposes of maintenance or other reasons. Notice may or may not be given of suspension. Should Kings Court cease the service Kings Court will use all reasonable endeavours to give fair notice of termination of access to the site. Sufficient notice will be provided to allow completion of any document. Further you agree that Kings Court shall not be liable to you or any third party for any termination or suspension of access to the site or modification of the service.

9. Term and Termination

Without prejudice to the accrued rights of any party, these Terms may be terminated at any time by either party without cause. You may terminate these Terms by simply discontinuing your use of INSIGHT.

10. INSIGHT Alterations

Kings Court reserves the right to modify, delete or change any aspect of the content, the interactive areas, the website and / or any of the technical specifications of any aspect of the same.

11. Force Majeure

Kings Court shall have no liability for an event of Force Majeure, that is an event or set of circumstances that is or are outside the reasonable control of Kings Court.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable, then the remaining provisions of the terms and of the paragraph in question shall remain in full force and effect.

13. Notices

Any notice which Kings Court or you are required to give pursuant to these terms shall be made by e-mail, in the case of you, to the address provided and, in the case of us, to the address posted on the Site.

14. Waiver

No delay or omission on the part of Kings Court in exercising any right, power or remedy under these terms shall impair or detract from such right, power or remedy or operate as a waiver thereof.

15. Law

These terms shall be governed by and construed in accordance with English law. By accessing the site, you agree to submit to the exclusive jurisdiction of the English Courts.