Bereavement Notification Platform Terms

This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Estatetrace Ltd (a wholly owned subsidiary of Estatesearch Ltd), a company incorporated in England and Wales (company number  14977582), having its registered office at Delmon House, Church Road, Burgess Hill, RH15 9AE (Licensor, us or we) for:

–          EstateConnect Bereavement Notification Platform (the Software)

1. Grant of licence

1.1 In consideration of you agreeing to comply with these terms, you are permitted to access and use the Software by way of a non-exclusive, non-transferable licence, on the terms set out here.

1.2 You may only use the Software for the purposes of notifying {a Financial Institution} of and providing information or documentation in respect of, a deceased person who may be a customer or client of {a Financial Institution}.

1.3 We may revoke the licence granted to you and your permission to use the Software at any time, including if you breach any of these terms.

2. Use of the Notification Platform

2.1 You may not do any of the following:

a) copy the Software, except where such copying is incidental to normal use of the software;

b) rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software or permit the Software or any part of it to be combined with, or become incorporated in, any other programs;

c) disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software or attempt to do any such things;

d) provide, or otherwise make available, the Software in any form, in whole or in part to any person.

2.2 When using the Software, you must comply with all Applicable Laws.

2.3 You warrant that any information or documentation you submit via the Software is true, accurate and not misleading.

3. Intellectual property rights

3.1 You acknowledge that all intellectual property rights in the Software throughout the world belong to us or our respective licensors, that rights in the Software are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Software other than the right to use the Software in accordance with the terms of this License.

3.2 You acknowledge that you have no right to have access to the Software in source code form.

4. Data processing

4.1 You have been provided with the standard privacy policy of {a Financial Institution} and you can also view our standard privacy policy at the following link www.estatetrace.co.uk/privacy-policy/ which sets out how we process personal data generally. These privacy policies apply to any personal data you submit via the Software.

4.2 We process personal data on behalf of {a Financial Institution} in order to make the Software available to you. You acknowledge that {a Financial Institution} is the controller and we are the processor for the purposes of Data Protection Legislation.

5. Other important terms

5.1 Assignation. We may transfer our rights and obligations under these terms to another organisation. You may not transfer your rights or your obligations under this licence to another person.

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

5.3 Waiver. 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 agreement, 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.

Which laws apply to this agreement and where you may bring legal proceedings. These terms are governed by Scots law. Unless you are a consumer, you can only bring legal proceedings in respect of the products in the Scottish courts. If you are a consumer, you can bring legal proceedings in respect of the products in the Scottish courts. If you are a consumer and live in England you can bring legal proceedings in respect of the products in either the English or the Scottish courts. If you are a consumer and live in Northern Ireland you can bring legal proceedings in respect of the products in either the English or the Northern Irish courts. If you are a consumer and live in Wales you can bring legal proceedings in respect of the products in either the Welsh or the Scottish courts.