Terms and conditions of service
These Terms and Conditions of Service set out the terms on which we, Biscuit Tin Planning Ltd will provide our services, including use of the Biscuit Tin Platform (defined below) accessed through www.biscuittin.co.uk (the 'Site') whether you pay for the Services, make use of our free service or are otherwise provided with access to our Services via one of our business customers.
Please read the Terms carefully before registering for or using the Services as these form a legally binding contract between you and us for your use of the Services.
These terms tell you who we are, how we provide you with access to and use of the Services, how you and we may change or end the contract, what to do if there is a problem and other important' information. By completing your registration and using the Services you agree to be bound by these Terms.
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 UK and EU GDPR.
the encrypted, secure, online digital storage vault provided to you by us, with permitted access to your Nominee's.
the person using the Biscuit Tin for storage of his or her personal information, documents and other content ('you').
End User Data
the personal information, documents and other content stored in the Biscuit Tin by an End User.
the General Data Protection Regulation (2016/679/EU).
any person who is nominated by an End User to access the Biscuit Tin, subject to our Nominee Terms and Conditions.
the software platform accessed via the Site, through which the Services are provided.
the subscription services, including access to and use of a Biscuit Tin, to be provided by us to the End User under this Agreement.
WE DRAW YOUR ATTENTION IN PARTICULAR TO THE PROVISIONS OF SECTION 16 WHICH SETS OUT OUR LIABILITY TO YOU.
2. Information about us and how to contact us
We are Biscuit Tin Limited ('us, 'we', 'our') a company incorporated in Scotland (registered number SC781699) with a registered office at Suite 2, Orchard Brae House, 30 Queensferry Road, Edinburgh EH4 2HS. Our VAT number is 317371706.
You can contact us by writing to us at firstname.lastname@example.org
If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us when you registered.
3. Our Contract with you
A contract will come into existence when you complete your registration and click to accept our Terms and Conditions of Service.
You must be at least 18 years of age to use our Services and you must be resident in the EEA. By using our Services or agreeing to these Terms, you warrant and represent to us that you are at least 18 years of age and that you are resident in the EEA. Any Nominee specified by you in accordance with these terms must also be over 18 years of age.
4.1 We provide access to a Biscuit Tin where you can upload materials, data and information, (including within limitations stated text, graphics, images, audio material, video material, audio-visual material, files and contact and other details) that can be accessed by parties nominated by you. Certain End User Data may be accessed by your Nominees prior to your death if you subscribe for our premium service (such as information regarding organ donation, guardianship of pets, and contact details of your medical and other professional advisors) with other information provided following verification of your death. In order to access the Services, you must first register with us in accordance with the following provisions:
4.2 You register for the Services by completing and submitting the registration form on the Site. The costs of access to the Biscuit Tin (if any) will be displayed to you on the Site.
4.3 When using a free version of the Services, certain aspects of our paid Services may not be available to you. Details are set out on the Site. You can upgrade to the Premium Service at any time.
4.4 Once you have registered for the Services, and prior to creating any Nominees, we will verify your identity by asking you to upload a photo of your passport or driving licence and by taking a photo. You will then need to set up your Nominees so they can be verified and linked to your Biscuit Tin. They will be permitted access to certain areas of your Biscuit Tin prior to your death e.g. data needed in the case of incapacity, or will be permitted full access on verification of your death. You may change details of your Nominees at any time. We are entitled to share End User Data with your Nominees and you should therefore think carefully before nominating them. You are responsible for ensuring that the contact details for your Nominees are correct and that your Nominees are over 18, appropriate, willing and able to act as your Nominee. You confirm that you have all consents and authorisations necessary in order to provide any personal data relating to your Nominees to us.
4.5 Nominees will be sent an email invitation with instructions setting out how to register with us. Nominees are required to verify their identity and accept the Nominee Terms and Conditions in order to complete their registration and link to a Biscuit Tin. In the event that a Nominee fails to complete the registration and verification process, the full functionality of the Services will not be available and the Nominee will not be able to access the End User Data. Your Nominee will be shown as 'Pending'.
4.6 You must:
4.6.1 keep your user ID and password confidential and change your password immediately in the event that you become aware of any unauthorized disclosure of your password or user ID;
4.6.2 not allow any other person to use your Biscuit Tin;
4.6.3 notify us in writing immediately if you become aware of any unauthorised use of your Biscuit Tin; and
4.6.4 not use any other person's registration details or password to access the Platform.
4.7 You are responsible for any activity on our Platform arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
5. Supply of Services and Fees
5.1 Once your registration is complete the contract between us for the supply of the Services shall come into force. We will supply the Services to you until the Services are completed or the subscription expires (if applicable) or either party ends the contract as described in these Terms.
5.2 We may from time to time vary the benefits associated with the Services by giving you written notice of the variation, providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.
5.3 At the end of any period of subscription for which you have paid or which was covered by a Partner or voucher, your subscription will be automatically renewed for another 12 months and you must pay to us the applicable subscription fees (annually or monthly), unless you cancel the subscription using the cancellation facility on our Site before the date of renewal.
5.4 Payment is due in advance in cleared funds via recurring payment. Applicable fees will be as set out on the Site from time to time. You are responsible for keeping your payment information current, complete and updated. You agree that we may continue to charge your credit/debit card for your subscription unless you have actively cancelled your subscription. All amounts and Fees stated in these Terms are payable in Pounds Sterling, are non-cancellable and non-refundable (subject to clause 10) and are inclusive of all applicable taxes.
5.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
5.6 If you owe us any amount under or relating to these Terms, we may suspend or withdraw the provision of Services to you or disable your access. We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
5.7 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 any delays caused by the event, but if there is a risk of substantial delay you may contact us to have your subscription period extended by the period of the delay.
5.8 We have the right to suspend the supply of the Services to:
5.8.1 deal with a technical problem or make minor technical changes;
5.8.2 update our product/service to reflect changes in relevant laws and regulatory requirements;
5.8.3 make changes to Services as requested by you or notified by us to you.
5.9 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 24 hours we will extend your subscription 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 72 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.
5.10 Unless you are receiving access to the Services as part of services you are receiving through a third party (such as your employer, insurance or will provider), if you do not pay us for the Services when you are supposed to, and you still do not make payment within 30 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 Services. We will not suspend the Services where you dispute a payment. 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.
6. Your obligations under these Terms
6.2 You are responsible for ensuring that your End User Data is up to date, accurate and reflects your wishes at all times. We may send you periodic reminders requesting you to check and confirm your End User Data but you acknowledge that we have no liability for your failure to ensure that your End User Data is up to date, complete and accurate.
6.3 You are responsible for ensuring that you retain copies of your End User Data for your own records.
6.4 On termination or expiry of the contract for any reason, your Biscuit Tin will be restricted with limited access and availability for 30 days after which time it will be deleted. Your Nominee(s) will not be able to access your End User Data.
6.5 Nominees are subject to the Nominee Terms and Conditions. Please note that we do not accept any liability for the conduct or actions of your Nominee, and permitting a Nominee to link to your Biscuit Tin is at your own risk. You accept responsibility for the conduct and actions of any Nominee that you appoint to link to your Biscuit Tin.
6.6 You shall not access, store, distribute or transmit any viruses, or any material during the course of your use of the Platform that:
6.6.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; or
6.6.2 facilitates illegal activity; or
6.6.3 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 our other rights, to disable your or your Nominee's access to any material that breaches the provisions of this clause upon written notice to you.
6.7 You shall not (except to the extent expressly permitted under these Terms):
6.7.1 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 Biscuit Tin (as applicable) in any form or media or by any means; or
6.7.2 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form (as applicable) all or any part of the Services or Biscuit Tin; or
6.7.3 access all or any part of the Services and Biscuit Tin in order to build a product or service which competes with the Services and/or the Biscuit Tin;
6.7.4 attempt to obtain, or assist third parties in obtaining, access to the Services or Biscuit Tin, other than as provided under these terms; or
6.7.5 attempt to bypass or disable any security feature or mechanism within the Services.
7. Data Protection
7.2 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 Biscuit Tin. We and any of our subcontractors shall only use End User Data as required to fulfil the Services and access to the Biscuit Tin.
7.3 We shall follow our standard back-up practices, as may be notified to you from time to time, and as such, these 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 our 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 us for which we shall remain fully liable) .
7.4 We shall be the processor for all End User Data which contains Personal Data within the Biscuit Tin.
7.5 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.
7.6 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:
7.6.1 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).
7.6.2 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.
7.6.3 We will ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential.
7.6.4 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:
7.6.4(a) one of us has provided appropriate safeguards in relation to the transfer;
7.6.4(b) the data subject has enforceable rights and effective legal remedies;
7.6.4(c) 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
7.6.4(d) we comply with reasonable instructions notified to us in advance by the End User with respect to the processing of the Personal Data;
7.6.5 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
7.6.6 We will maintain complete and accurate records and information to demonstrate our compliance with this clause 7.
7.7 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 7 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 7.
8. Access to End User Data, Verification of Death and access to End User Data by Nominees
8.1 End User Data shall be stored, processed and released in accordance with clause 7 above.
8.2 On your death, your Nominees will be able to notify us of your death via the Platform by following our notification of death procedures. Following receipt of such a notification, we shall verify your death using our verification procedures. We will usually verify your death based on the copy of your death certificate uploaded by your Nominees. We are entitled to assume that any such copy death certificate uploaded by a Nominee is valid and represents a true and accurate copy.
8.3 Following verification (which may take up to 48 hours), your Nominee will be sent an email to confirm that your End User data is now visible to them. We will only provide email confirmation to your Nominee via the email address they have provided in their registration and so you/they must ensure that the emails provided are kept up to date and valid. We have no responsibility in the event that your Nominee fails to access your End User Data and/or for the manner in which your Nominee uses or does not use the End User Data.
8.4 Your Nominee will have access to your End User Data within your Biscuit Tin for a period of up to 360 days following verification of your death in accordance with 7.3. They will be provided with the opportunity to download a copy of your End User Data during that period in a format provided by us or transfer to their own Biscuit Tin. Following that period, your Nominee's access to your End User Data via your Biscuit Tin shall cease.
9. If there is a problem with the Services
9.1 If you have any questions or complaints about the Services, please contact us. You can write to us at email@example.com.
9.2 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. If you are in the UK, you can obtain detailed information if you 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 is not carried out with reasonable care and skill, or get some money back if we cannot fix it.
b) If you have not agreed a price beforehand, what you are asked to pay must be reasonable.
c) If you have not agreed a time beforehand, it must be carried out within a reasonable time.
If you are outside the UK, the Consumer Rights Directive (2011/83/EU) or local laws in the country you live will apply. Contact your local Consumer Enforcement Body for more information.' Further information may also be available from the International Consumer Protection Enforcement Network [ Protecting consumers worldwide | ICPEN.]
Nothing in these Terms of Service is intended to restrict the applicable consumer rights in any country and you are entitled to exercise the consumer rights which apply to you. Please contact us if you have any concerns or feel that your rights are being infringed.
10. Cancellation, suspension and Termination
10.1 In the event that we do not receive any payment due to us by its due date for any reason, your Biscuit Tin shall be suspended. In the event that you then make payment within a 30-day period of such suspension, your Biscuit Tin will be reinstated from the date your payment was due and the Services will continue as normal. If your payment fails, your subscription will be suspended automatically. If you don't make a payment or contact us within 30 days, your subscription will be terminated. You will then have 30 days to re-subscribe prior to your data being deleted.
10.2 We may immediately disable your passwords or suspend or terminate your access to the Services in the event that we, acting reasonably, consider that you have breached any of the Terms. In addition to our right to terminate, we may also take the following actions:
10.2.1 send you one or more formal warnings;
10.2.2 temporarily suspend your access to the Services;
10.2.3 permanently prohibit you from accessing our Platform or the Services;
10.2.4 commence legal action against you, whether for breach of contract or otherwise; and/or
10.2.5 suspend or delete your Biscuit Tin.
10.3 Where we suspend or prohibit or block your access to our Services or the Platform, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different Biscuit Tin).
10.4 Biscuit Tin access shall automatically cease 360 days following notification of your death in accordance with Section 7.3 Your Nominee may download a copy of your End User Data prior to expiry of that period in accordance with 8.4.
10.5 Without prejudice to the foregoing, we may temporarily suspend your access to your Biscuit Tin; and/or cancel your subscription, at any time in our sole discretion, providing that if we cancel any Services you have paid for and you have not breached the Terms, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable notice of any cancellation under this Section 10 and an opportunity to retrieve your End User Data.
11. Your rights to end the contract
11.1 How long do I have to change my mind?
11.1.1 You have 14 days after the day you complete your registration to change your mind and cancel this contract without reason. 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.
11.2 If you are ending a contract for a reason set out at 11.2.1 to 11.2.5 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:
11.2.1 we have told you about an upcoming change to the Services or these terms which you do not agree to;
11.2.2 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;
11.2.3 there is a risk that supply of the Service may be significantly delayed because of events outside our control;
11.2.4 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
11.2.5 you have a legal right to end the contract because of something we have done wrong.
11.3 You do not have a right to change your mind in respect of:
11.3.1 digital products after you have started to download or stream these; or
11.3.2 Services, once these have been completed, even if the cancellation period is still running;
11.4 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 the end of any paid for subscription period/renewal term.
12. How to end the contract with us (including if you have changed your mind)
12.1 To end the contract with us, please cancel your subscription by logging in to your Biscuit Tin and using the cancel feature within 'Manage Subscription'.
12.2 If you are due a refund, we will refund you the amount owed by the method you used for payment. However, we may make deductions from the price, as described below.
12.3 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.
12.4 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
13. Our rights to end the contract
13.1 We may end the contract at any time by writing to you if:
13.1.1 you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due; or
13.1.2 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.
14. Our Rights and Duties
14.1 The Services will be performed with reasonable skill and care in a professional and workmanlike manner.
14.2 We do not warrant that you or your Nominee's use of the Services will be uninterrupted or error-free; or that the Services and/or Biscuit Tin meet your requirements.
14.3 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 acknowledge that the Services and Biscuit Tin may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
14.4 All intellectual property rights in the Services, Platform and Biscuit Tin are owned by or validly licensed to us. The Services, Platform and Biscuit Tin are proprietary to us (or the appropriate third party rights owner) and you and your Nominee acquire no rights in or to the Services, Platform and Biscuit Tin.
15. Effects of Termination
15.1 We have the right to delete your Biscuit Tin entirely or in part under the following circumstances:
15.1.1 if you ask us to delete the Biscuit Tin under the relevant Data Protection Legislation;
15.1.2 if we are validly notified of your death, we are entitled to delete the Biscuit Tin after a period of 360 days;
15.1.3 if you choose to end your subscription or terminate the agreement, we may hold the Biscuit Tin for a fixed period of time before deletion, subject to our obligations under the relevant Data Protection Legislation.
16. Our responsibility for loss or damage suffered by you
16.1 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.
16.2 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.
16.3 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.
16.4 We will not be liable for any failure by you to ensure that your End User Data is complete, accurate and up to date or for following any instruction by you regarding the release of your End User data. On your death, we shall provide the validated Nominee that is linked to your Biscuit Tin at the time of your death with access to your End User Data. We are not responsible for ensuring that they are fit to act or will use your End User Data in any particular manner.
16.5 We shall have no liability where your Nominee fails to access your End User Data or choose not to act or for any action taken by your Nominee in connection with your End User Data. We shall have no liability for any claims by your beneficiaries or potential beneficiaries as a result of you using our Services and/ or any actions of your Nominees. You are responsible for ensuring that your Nominees are appropriate to act as your nominees, that they are willing and able to act and that all details provided in relation to our nominees are accurate and up to date.
16.6 We shall have no liability for any failure by you to retain copies of your End User Data and/ or for any failure of you or your Nominee to download or retain copies of your End User Data prior to termination, expiry, cancellation or non-renewal of your Biscuit Tin for any reason.
16.7 We shall ensure that we have in place appropriate technical measures and safeguards in order to protect the confidentiality of your End User Data and we shall comply with all applicable laws in the provision of the Services. However, we cannot guarantee that our security measures are 100% effective. The Services are provided on an 'as is' basis. In particular we do not warrant that the Services (i) will be uninterrupted, error free or available at a particular time or location; (ii) free from viruses or other harmful components; or that (iii) the Services will meet your requirements or expectations. To the fullest extent allowable by law all warranties express or implied relating to the services are excluded.
16.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the services or the terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
16.9 Our aggregate liability to you arising out of or in connection with the Services shall not exceed the greater of (i) one thousand pounds ('1,000); and (ii) the total amount paid and payable to us for the Services.
We may revise the Terms from time to time. We will give you written notice of any revision of these Terms, and the revised Terms will apply to the use of the Services from the date that we give you such notice; if you do not agree to the revised Terms, you may terminate the Services.
18. Other important terms
18.1 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.
18.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 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.
18.5 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.
18.6 These terms are governed by Scots law and you can bring legal proceedings in respect of the Services in the Scottish courts. If you live in England or Wales you can bring legal proceedings in respect of the Services in either the Scottish, English or Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts. If you live outside the UK, you may be entitled to bring proceedings in your local jurisdiction.