Terms and Conditions

The fair and peaceful way to share your family assets

Terms and Conditions

 

Note: Review the following terms and conditions (“Terms”) which define your rights, responsibilities and benefits as a user of the website at HeirSheir.com that is operated by HeirSheir Ltd which is registered in England with company number 8865938 and whose registered office is Cranbrook House, 287-291 Banbury Road, Oxford OX2 7JQ, England (“HeirSheir” or “us/we”).

These Terms shall govern the relationship between you (“you”) and HeirSheir (“us/we”). By accessing or using the Website or the services that we perform via the Website (“Service”), you are concluding a legally binding agreement with us, based on these Terms, including all terms, conditions and policies incorporated herein by reference. If you don't agree with any of these Terms, or if you have any objections to our Website Privacy Statement you will not be entitled and must not use the Service or Website.

Definitions

Estate is the collection of items that you document in the Service using the facilities we provide for you to list an item, giving it an object Name, a description, category and location, value and optionally a picture

Member (“You”) is someone who uses HeirSheir to settle an estate. A Member may be an Administrator of an Estate or a Beneficiary of an Estate or both for the same estate.

Administrator is the person who registers an estate and pays a fee for the use of HeirSheir to administer that estate

Beneficiaries are those users registered by an Administrator to whom items in an Estate may be allocated The Service is the group of processes offered by us on our web site for documenting an estate and allocating it to Beneficiaries

Settlement is the process of allocating items in the Estate to the Beneficiaries and documenting the allocation in the Service.

  1. DESCRIPTION OF THE SERVICE
  2. LIMITATION OF USE
  3. USER PROVIDED CONTENT
  4. YOUR COMPLIANCE OBLIGATIONS 
  5. LIABILITY DISCLAIMER
  6. TERMINATION
  7. REGISTRATION AND SECURITY 
  8. FEES AND PAYMENTS
  9. COMMUNICATIONS BETWEEN HEIRSHEIR AND YOU 
  10. ASSIGNMENT
  11. MODIFICATIONS TO THESE TERMS AND TO THE SERVICE
  12. MISCELLANEOUS

HeirSheir offers an online platform and service where users document an Estate and manage its distribution among Beneficiaries. 

You may access the Website only personally with an individual browser (bots, crawlers, spiders, scraping and other automatic access tools are prohibited), use graphics, information, data, editorial and any other content displayed on or accessible through the Website (“Content”) only for the documentation and Settlement of an Estate which you have registered or for which you have been registered as a beneficiary

Violation of this limited use license will result in immediate termination of your registration and may result in legal action against you. You may use the software provided on the Service only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated in connection with the software that it is made available for offline use, and a license for such use is provided in connection with that software. HeirSheir and its licensors retain title, ownership and all other rights and interests in and to all Content, except as expressly set forth in these Terms.

Portions of the Service and Content on the Website are submitted by you and others who have access to your Estate ("User Provided Content"), to which you may contribute appropriate material. For User Provided Content, we are merely hosting and providing access, and we cannot accept any liability whatsoever with regard to such material (including with respect to its accuracy). By submitting material to the Website, you represent that you have the right to do so, and that you have obtained any third party consents where required (e.g., under data protection or intellectual property laws), and, subject to these Terms and restrictions on data processing in our Website Privacy Statement, as amended from time to time, you grant HeirSheir a transferable, sublicenseable, royalty-free license to host, store, copy the content.

You must submit only material which belongs to you (or of which you have the relevant permissions to submit) and which will not violate the property rights or other rights of other people or organisations. We also reserve the right to act expeditiously to remove or disable access to any User Provided Content that comes to our attention, including information which we believe, in our sole discretion, is illegal, obscene, indecent, or defamatory, incites racial or ethnic hatred, or violates the rights of others, and we may terminate your use of the Service in these circumstances.

Generally, you must comply with all applicable laws and refrain from infringing any third-party rights or interests (including, without limitation, privacy and intellectual property rights) and you shall not knowingly or wilfully submit inaccurate, defamatory or offensive Content to the Website or other users.

No Warranty.  We do not extend any express warranties or representations as to the quality and accuracy of the Content, Website or Service, and we disclaim any implied warranties or representation to the maximum amount permissible under applicable law. Without limiting the generality of the foregoing, we offer the Service on an "as is basis" and (i) we do not accept responsibility for any use of or reliance on the Website, Content or Service, or for any disruptions to or delay in the Service; and (ii) we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website, Content or Service. Furthermore, HeirSheir does not guarantee the adequacy of the Service or Website or compatibility thereof to your computer equipment and environment. HeirSheir does not warrant that this Website, the Service, its servers, or any emails which may be sent from HeirSheir are free of viruses or any other harmful components.

Limitation of Liability. We limit our liability to the maximum amount permissible under applicable law. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any of the following types of loss or damage, whether in contract, tort (including negligence) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; (v) loss or corruption of, or damage to, data, systems or programs; or (vi) any indirect or consequential loss or damage howsoever caused, provided that nothing in these Terms will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. If you are using the Service as a consumer, your mandatory, statutory consumer rights shall be unaffected.

Liability Cap. Except in respect of liability which cannot be limited or excluded (as set out above), our total liability to you whether in contract, tort (including negligence) or otherwise is limited to the fees received from you for the Estate on which your claim is based.

No Liability or Endorsement for Third Party Services. HeirSheir may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties. Websites of those third parties may be subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. HeirSheir makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from HeirSheir.

Exclusive Remedy. If you are dissatisfied with any portion of the Service, or with any clause of these Terms, as your sole and exclusive remedy you may discontinue using the Service and Website. If you have paid a fee and you terminate for our breach or important cause after providing us with a 30 day cure period during which we are unable to cure, we will refund any pre-paid fees on a pro-rated basis to you.

If we decide to discontinue the Website or Service, or if you breach these Terms, we may suspend or terminate your access to the Website and Servicewithout any obligation to refund fees paid or remit fees then due from you.

7.1. As part of the registration process, you will choose a name ("Username") and you will select a password. You will also choose user names for the beneficiaries of the estate. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of another person without authorization; or (iii) use a name that is offensive to any reasonable person.

7.2. You must immediately notify us by regular mail or by email at m of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or payment information. You are responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of HeirSheir.

7.3. You are responsible for all usage or activity on the Website via your password account. Distribution of your password to others for access to the Website or Service is expressly prohibited and shall constitute a breach of these Terms. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

8.1 Registration. The registration is not confirmed until the validation of payment and once the sum is credited to HeirSheir. The acceptance of the contract by checking the box during the online registration process has the same validity as a handwritten signature. The Administrator will be sent a confirmation email after registration.

8.2 Prices. The fee paid at registration is the only charge that will be made for the use of the Service in relation to the Estate registered

The price of the Service is expressed in Pounds Sterling. Acceptable payment methods will be displayed at the time payment is made. You are accountable for any costs charged to you in association with the payment method for currency conversion.

We will send electronic mail to you in connection with your use of the Service and we may ask you for feedback when the Estate has been settled. We will not use your email address for marketing or pass your address to third parties unless compelled to do so by law.

Please see our Website Privacy Statementfor further information on how we manage and process your personal information.

We reserve the right to assign or transfer our rights and obligations under these Terms to any person who agrees to assume and comply with all the obligations set out in these Terms. These Terms are personal to you and, as a result, you may not without the written consent of HeirSheir assign or transfer any of your rights and obligations under these Terms.

HeirSheir may modify these Terms (including any of the terms incorporated by reference herein), the Website, or the Service at any time in order to take account of changes to user preferences, the Internet economy, applicable laws and industry practices, or other reasons. Continued use of the Service now or following posted notices of changes means that you have accepted and are bound by the changes. 

12.1 These Terms and any disputes arising out of or relating to these Terms, the Service or the Website (including contract, tort, statutory and other claims) shall, to the extent permitted by law, be governed by and construed in accordance with the laws of England and subject to jurisdiction by English courts.

12.2 In the event that any term of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable and we reserve the right to replace any term which is not valid and enforceable with a term of substantially similar effect which is valid and enforceable. 

12.3 Any failure by us to enforce any term of these Terms shall not affect our right to require such performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these Terms be taken to be a waiver of the provision or provisions itself.

12.4 You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms by you or otherwise as a result of your use of HeirSheir.com.

12.5 Official correspondence must be sent via postal mail to: 

HeirSheir Ltd

Cranbrook House
287-291 Banbury Road
Oxford
Oxfordshire
OX2 7JQ

12.6 These Terms, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by HeirSheir.