These terms of service (“Terms”) cover your use of and access to the Legacy Hub service (“Legacy Hub”), software and related websites provided by My Wealth Cloud Limited company number 07562559 registered office 55 Station Road Beaconsfield Buckinghamshire HP9 1QL. My Wealth Cloud” or “we” or “us” or “our”). You can contact us at info@legacyhub.co.uk.
Our Privacy Policy (https://www.legacyhub.co.uk/privacy-policy) explains how we collect and use your information and tells you about your privacy rights and how the law protects you, whilst our Acceptable Use Policy (https://www.legacyhub.co.uk/acceptable-use-policy) outlines your responsibilities when using Legacy Hub.
By accessing or using Legacy Hub, you are agreeing to be bound by these Terms, our Privacy Policy and our Acceptable Use Policy.
Entitlement of Usage
Your access and entitlement to use Legacy Hub is delivered as a part of the services we provide to you.
You are granted a limited, non-exclusive, revocable, non-transferable licence to access and use Legacy Hub which provides online file storage for your own documents. This is secure and accessible only to you.
Your Content
When you use Legacy Hub, you are able to upload such content as personal documents, photos, notes, messages and contacts details and so on (“Your Content”). Your Content belongs to you. However if Your Content contains the personal information of third parties you must obtain their consent before uploading it to Legacy Hub or sharing it with anyone.
These Terms do not give us any rights to Your Content except for the limited rights that enable us to offer Legacy Hub and to do things like hosting Your Content, backing it up and sharing it when you ask us to. Legacy Hub also provides features such as photo thumbnails, document previews, commenting, sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Content but only in accordance with your instructions.
Sharing Your Content
Legacy Hub allows you to share Your Content with others whom you select and we have no control over this, so please think carefully about what you share and with whom. These persons may be entitled to access all or only part of Your Content dependent upon the permission rights you grant to them or, in the case of a Digital Executor, may be granted access only in the event of your death or incapacity.
Your Responsibilities
You are responsible for your conduct, the conduct of Sub-Users added to your account and for Your Content and you must comply with our Acceptable Use Policy. Content in Legacy Hub may be subject to the intellectual property or privacy or other rights of third parties. Please do not copy, upload, download or share content unless you have the right to do so.
We may review your conduct and Your Content for compliance with these Terms and our Acceptable Use Policy. That said, we have no obligation to do so. We are not responsible for or liable in respect of the content you upload and share via Legacy Hub. We do not accept any liability to you or third parties for any damages, losses, costs or expenses howsoever arising as a consequence of your actions or the actions of Sub-Users with whom you have shared Your Content.
Help us keep you informed and Your Content protected. Safeguard your password to Legacy Hub and keep your account information current. Do not share your account credentials or give others access to your account except via the application’s Sub-User functionality. If you become aware that another person other than a Sub-User knows your password please notify us immediately and change your password. If it comes to our attention that you have disclosed your password to another person other than pursuant to the applications’ Sub-User functionality we may suspend or terminate the provision of Legacy Hub to you without incurring liability to you.
You may use Legacy Hub only as permitted by applicable law, including the rules relating to the transfer of personal information outside the EU.
Legacy Hub is not intended for and may not be used by any person under the age of 13 except where that individual has been added as a Sub-User by their parent or legal guardian. By accepting these terms, you are representing to us that you are over the age of 13 and have taken responsibility for use of the Service by any Sub-User under the age of 13.
Our Content
The intellectual property rights in Legacy Hub belong to us and this service is protected by copyright, trademark and other UK and foreign laws. These Terms do not grant you any right, title or interest in Legacy Hub, other persons’ content in Legacy Hub, our trademarks, logos and other brand features. We welcome feedback but note that we may use comments or suggestions without any obligation to you.
You may not licence, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party access to Legacy Hub. If you become aware of any unauthorised use of Legacy Hub you must notify us immediately and where it is within your control take steps to stop or prevent such unauthorised use.
Notifications
By using Legacy Hub you will receive system generated email notifications, to the email address registered on the account and push notifications to your mobile or tablet, if you are accessing Legacy Hub through the mobile app. The purpose of these notifications are to inform you of the result of an action performed within the system. This could be, but not limited to, changes to profile details, password resets, deletion of account etc. If you do not want to receive any notifications you must stop using Legacy Hub and inform us to delete your account.
Copyright
We respect the intellectual property rights of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to the Copyright Agent (see below). We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement of Legacy Hub is:
Copyright Agent
My Wealth Cloud
55 Station Road
Beaconsfield
Buckinghamshire,
HQ91QL
Fees & Payment
You agree to pay the fees (“Fees”) as quoted to you when you purchase our services. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements). You will pay the Fees in the currency we quoted at the time of purchase. We reserve the right to change the eligible currencies at any time.
We reserve the right to change the service prices at any time, however, if we have offered a specific duration and Fee for your use of the service, we agree that the Fee will remain in force for that duration. If you don’t agree to these changes, you must stop using the service and cancel via email to info@legacyhub.co.uk (with cancellation confirmation from a Legacy Hub representative). If you cancel, your service ends in line with our termination policy.
By purchasing a subscription, you agree to a minimum 12 month term. If you choose to cancel before the end of this 12 month period, you will still be required to pay the remaining balance of your subscription fee for the full term. No refunds or partial credits will be issued for early cancellation, except where required by law.
If you do not cancel in accordance with these Terms, the subscription for the service will automatically renew at the then-current price and for the same subscription period.
No refunds. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their subscriptions within 14 days of signing up for, upgrading to or renewing a paid facility.
Downgrades. Your paid facilities will remain in effect until it’s cancelled or terminated under these Terms. If you don’t pay for your paid facilities on time, we reserve the right to suspend it or reduce your facilities to non-charged levels.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
Termination
You are free to stop using Legacy Hub at any time, with no notice. You are able to delete all content you have added. If however your account is the subject of a third party complaint we will suspend the operation of your account and you will not be able to access your account or delete any of the content pending the resolution of the complaint.
We reserve the right to suspend or terminate your access to Legacy Hub on written notice to you:
(a) with immediate effect if, you are in material breach of these Terms or where you are in breach of these Terms and you have not remedied the breach (which is capable of remedy) within 30 days of being required to do so or you are persistently in breach of these Terms;
(b) with immediate effect, if you are using Legacy Hub in a manner that would cause a risk of harm or loss to us or other users or third parties or in breach of our Acceptable Use Policy or if your account is the subject of a complaint from a third party;
(c) with effect 30 days after such notice, if you are no longer an active user of Legacy Hub;
(d) with effect 30 days after such notice, if we discontinue usage of Legacy Hub;
(e) with immediate effect, if you make any arrangement or composition with your creditors, or make an application to a court of competent jurisdiction for the protection of your creditors in any way, or become bankrupt, or take or suffer any similar or analogous action in any jurisdiction in consequence of insolvency;
(f) with immediate effect, if you die or, by reason of illness or incapacity (whether mental or physical) become incapable of managing your affairs or you become a patient under any mental health legislation (but subject to the Digital Executor function);
but in the circumstances of (c) to (e) you will be permitted to download and remove/delete Your Content.
We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Content from Legacy Hub unless we have reason to believe that Your Content is likely to be the subject or focus of any legal action taken by us or you or, against us or you by third parties, in which case the account will be suspended but Your Content will not be deleted pending the outcome of such legal proceedings. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to Legacy Hub with no further obligation. Your Content will be deleted (unless required for the purpose of legal proceedings) and will not be recoverable.
We will not provide notice before suspension or termination where:
(a) you are in material breach of these Terms,
(b) doing so would cause us legal liability or compromise our ability to provide Legacy Hub to our other users, or
(c) we are prohibited from doing so by law.
Upon termination of this agreement for any reason all rights granted to you under this agreement shall cease and you shall cease all activities authorised under this agreement.
Discontinuation of Services
We may decide to discontinue Legacy Hub in response to circumstances beyond our control or to comply with a legal requirement or if Legacy Hub is not commercially sustainable. If we do so, we will give you reasonable prior notice so that you can export Your Content from Legacy Hub unless we are prevented from doing so by law. If we discontinue services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.
Services “AS IS”
We strive to provide a good service but there are certain matters that we cannot guarantee or control. To the fullest extent permitted by law, we, our affiliates, suppliers and distributors make no warranties, either express or implied, about the continuation and sustainability of Legacy Hub or that it will operate error-free. Legacy Hub is provided “as is”. We disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement of third-party intellectual property rights. If you are a consumer some jurisdictions don’t allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
We don’t exclude or limit our liability to you where it would be illegal to do so – this includes any liability for our or our affiliates’ fraud or fraudulent misrepresentation in providing Legacy Hub or for death or personal injury to you caused by our negligence or the negligence of our employees, agents or subcontractors.
In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are reasonably foreseeable as a result of our failure to use reasonable care and skill, or any other breach of our contract with you. This paragraph doesn’t affect consumer rights of your habitual residence that can’t be waived or limited by any contract or agreement.
In jurisdictions where the following exclusions or limitations of liability are allowed, we, our affiliates, suppliers or distributors won’t be liable for:
Any indirect, special, incidental, punitive, exemplary or consequential damages, or
Any loss of use of Legacy Hub, data, business or profits.
Unless you are a consumer, these exclusions or limitations will apply regardless of whether or not we or any of our affiliates, suppliers or distributors have been warned of the possibility of such damages.
If you use Legacy Hub for any commercial, business or resale purposes, we and our affiliates, suppliers or distributors will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. We and our affiliates are not responsible for the conduct, whether online or offline, of any users of Legacy Hub.
Subject to the above provisions of this section our total liability to you in contract, tort (including without limitation negligence or breach of statutory duty however arising), misrepresentation (whether innocent or negligent) restitution or otherwise, arising from any losses, damages, costs or expenses suffered by you in using Legacy Hub or our other services shall in all circumstances be limited to:
(a) where you are using Legacy Hub pursuant to a contract you have entered into directly with us, the amount of the payments you have made for Legacy Hub or our other services over the last 12 months or any shorter period or duration of the contract between us;
(b) where you are using Legacy Hub pursuant to a contract you have entered into with a third party to provide you with services, the amount stated in that third party’s terms of business.
Resolving Disputes
Let’s try to sort things out first. We want to address your concerns without resorting to a formal legal case. Before making any formal complaints, you agree to try to resolve the dispute informally by contacting us directly. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved successfully then, after 15 days from our acknowledgement of the dispute, you or we may bring a formal legal proceeding.
In addition, if you are a consumer, please note that disputes may be submitted at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).
Controlling Law and Jurisdiction
The general rule is that these Terms are governed by the law of England and Wales. However, if you are a consumer (i.e. you are an individual and are not acting in connection with your trade, business or profession) and your habitual residence is outside the UK but within the EU you may be entitled to the protection of mandatory provisions which otherwise apply in the law of your habitual residence.
Jurisdiction. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims). You and we agree that any legal proceedings to resolve claims relating to these Terms or Legacy Hub or any of our other services will be brought in the courts of England and Wales. If however, you reside in a country (for example, a European Union member state) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those rights.
Third Party Rights
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms. These Terms create no third-party beneficiary rights other than those conferred within the Digital Executor facilities.
Waiver, Severability & Assignment
Our failure to, or delay in enforcing, a provision of these Terms is not a waiver of our right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect. You may not assign any of your rights under these Terms, except through the Digital Executor facilities within the application and any such attempt will be void. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with Legacy Hub but we will notify you of this and ensure that the transfer will not affect your rights under these Terms.
Modifications
We may revise these Terms from time to time to better reflect:
(a) changes to the law,
(b) new regulatory requirements, or
(c) improvements or enhancements made to Legacy Hub.
If an update affects your use of Legacy Hub or your legal rights as a user of Legacy Hub, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via Legacy Hub itself. These updated Terms will be effective no earlier than 30 days from when we notify you.
If you don’t agree to the updates we make, please cease usage of Legacy Hub services. By continuing to use or access Legacy Hub after the updates come into effect, you agree to be bound by the revised Terms.
Changes to our Terms of Service
Any changes we may make to our Terms in the future will be posted within Legacy Hub and on our website. Therefore, we advise you to revisit Legacy Hub regularly.
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