Terms & Conditions

Last updated : 31 December 2019

Introduction

Thank you for using POA Scotland and poascotland.co.uk (the “Website”) to make your Power of Attorney. These Terms & Conditions form part of the agreement between you and POA Scotland for the use of the software, services and documents on the Website.  Please read these Terms & Conditions carefully before using POA Scotland as by continuing to use the Website to create your Power of Attorney you agree to be bound by these Terms & Conditions.

Who we are

The POA Scotland website is provided by POA Scotland Limited a company registered in Scotland (Company NumberSC644747) having its registered office at Clyde Offices, 2nd Floor, 48 West George Street, Glasgow, G2 1BP.  POA Scotland Limited will be referred to in these Terms & Conditions as “POA Scotland”, “we” or “us”.  You may contact us in writing at our business address.  You may also contact us by email to info@poascotland.co.uk.

What we are not

POA Scotland is a website platform created to provide information about power of attorney in Scotland and as a self help tool to allow you to create a power of attorney and associated documents for your personal use (the “POA Service”).We are not solicitors.  The information contained on the Website or use of the Website does not constitute legal advice nor does it create a solicitor / client relationship between you and POA Scotland. Whilst we make every effort to ensure the information and documents are accurate and up to date, we give no warranty or make any representation that the information or documents will be suitable for your particular circumstances or that the information or documents are accurate, complete and up to date. We do not give legal advice, where you require legal advice about your particular circumstances we recommend you contact a solicitor.The Website and information contained on the Website applies only to Scotland and the law and regulations relating to power of attorney outside Scotland are different.

Who you are

By using the Website you agree that you are at least 16 years old and have legal capacity to agree to the Terms & Conditions, Privacy Policy and Cookie Policy.  You also agree that you have legal capacity to grant a power of attorney and that the power of attorney prepared on the Website is applicable only to Scotland.

Privacy policy

At POA Scotland we respect your privacy and permit you to control the treatment of your personal information.  Please read our Privacy Policy for information about how we collect and deal with your personal information when you use the Website.

Licence

We grant to you a personal non-exclusive, non-transferable and limited licence to use the Website and documents prepared on the Website for your own personal use.  You agree that you will use the Website and documents for your personal use only.You agree that you will not use the Website, resell, modify, copy, create documents from, alter, or in any way use the contents of the Website or POA Service for any professional or commercial purpose without the express written consent of POA Scotland. All rights not expressly granted to you in these Terms & Conditions are reserved by us.

Your use of the Website

You agree that you will not use the Website or the POA Service for any purpose that is unlawful or prohibited by the Terms & Conditions and in particular you must not, directly or indirectly:

  • establish any link to the Website without our prior written consent;
  • create any derivative works from, distribute or reproduce in any way the contents of the Website or the POA Service without our prior written consent;
  • make any statement that you represent or are endorsed by us without our prior written consent;
  • use the Website in any way which breaches any applicable local, national or international law or regulation, or which is in any way unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • introduce to the Website any virus, spyware, Adware, logic bombs, worms or any other harmful material or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website or disable or circumvent any access control or related process or procedure established with respect to the Website;
  • scan or probe the Website, obstruct or bypass computer identification procedures or engage in unauthorised computer or network trespass without the express permission of the owners of such computer systems;
  • frame or mirror any content of the Website, forge headers or otherwise manipulate any protocols or identifiers used in the Website or POA Service in such a manner to disguise the origin of any data transmitted using the Website;
  • disrupt, restrict, inhibit or threaten the Website or POA Service or the integrity, operation or security of any website, any computer or any internet system;
  • harvest, extract, gather, collect, or store personal information about others without their express consent;
  • attempt to restrict or inhibit any user from visiting the Website or using the POA Service;
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • use the Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You agree you will:

  • provide accurate, complete and up to date information when using the POA Service;
  • make all arrangements necessary for you to have access to the Website;
  • ensure that all persons who access the Website through your internet connection are aware of the Terms & Conditions, Privacy Policy and Cookie Policy, and that they comply with them;
  • ensure that all usernames and password(s) required by you to access the POA Service are stored securely and are not misused; and
  • notify us immediately of any unauthorised use of your username(s) and password(s) and you will provide assistance to us, as requested, to stop or remedy any breach of security related to your access information.

We shall not be liable for any losses you incur as a result of someone else’s use of your access information, either with or without your knowledge.  You may be held liable for any losses incurred by us or third parties authorised by us due to someone else’s use of your access information.

Availability of the Website

Whist we make every effort to ensure the Website and the POA Service are available for use at all times we do not guarantee any level of performance, speed, reliability, availability, use or consistency of the Website.  We do not guarantee the Website or the POA Service will be free of all viruses and technical defects of any description or any forms of computer misuse. We reserve the right to suspend, withdraw or restrict availability to the Website and / or the POA Service at any time for business or operational reasons. Should you wish to ensure your data and systems are secure you should take back up copies of your data and appropriate precautions to protect your computer systems against technical defects, viruses or computer misuse.

Third party websites

The POA Service is provided by means of an App hosted by community.lawyer.  Information you submit may be stored on their server. We also provide links to third party websites.  These links are for your convenience only.  We do not guarantee you will be able to access third party websites via any link on the Website.  We have no control over and do not endorse or accept any responsibility for the availability of such third party websites or the contents, products, services, privacy policies or use of any third-party websites.  We do not accept any responsibility for any damage or loss suffered by you as a result of your use of any third-party websites.

The POA Service

The POA Service is provided by means of an App hosted by community.lawyer.  The App is designed to collect the information necessary to allow you to prepare your power of attorney and associated documents online from a document template.  When you use the POA Service you will be directed to community.lawyer where, you will be asked a series of questions by the App.  The answers you give will dictate the content of the power of attorney and associated documents which are produced automatically by the App from the document templates. You are responsible for ensuring the answers to the questions and any information that you give is correct, accurate and up to date.  You are responsible for ensuring all information supplied, including the identity and consent of the granter, the attorneys or other parties or signatories has been given and that their age and capacity is accurate. The power of attorney and other document templates available on the Website have been prepared by us.  These document templates have been prepared to produce a power of attorney, certificate of capacity, registration forms and a fee exemption form which comply with the law of Scotland only. We provide you with instructions to sign and register the power of attorney.  You must ensure that the power of attorney, certificate of capacity,  registration forms and fee exemption form (if applicable) are properly signed in accordance with the requirements of the law of Scotland. The power of attorney must be signed in the presence of a registered medical practitioner, solicitor or advocate who must complete the certificate of capacity.  You are responsible for making the arrangements necessary to comply with the signing requirements and for completion and signature of the certificate of capacity. Your power of attorney should be used in conjunction with proper advice as to its suitability for your particular requirements and circumstances.  We are not responsible if you use a power of attorney, or alter or amend it, without seeking proper advice. The Power of Attorney may not be accepted in any jurisdiction other than Scotland. We are not responsible for:

  • verifying the identity of the granter of the power of attorney;
  • the age or mental capacity of the granter;
  • your authority or capacity to create a power of attorney as the granter or on behalf of the granter;
  • whether granter (or any other person) was subject to duress or undue influence when using the POA Service; or
  • whether the granter knew, understood and approved the contents of the power of attorney;
  • checking the accuracy of your answers or any information given by you when using the POA Service,
  • typographical errors resulting from incorrect data input by you;
  • any alterations made by you or on your behalf to a power of attorney, certificate of capacity, registration forms or fee exemption form once they been made available to you;
  • supervising or checking the signing of the power of attorney or certificate of capacity;
  • arranging for registration of the power of attorney
  • any use of the power of attorney;
  • any adverse consequences if you use the power of attorney without taking appropriate legal advice as to its suitability for your particular circumstances; or
  • undertaking any future review of any document or for providing any revocation, ongoing advice, legal or otherwise, as to the continued effectiveness for legal, taxation or any other purpose of the power of attorney.

Your right to cancel and refunds

Your right to cancel the contract to provide you with the POA Service is governed by The Consumer Protection (Distance Selling) Regulations 2000 (the “Regulations”). Where you use the POA Service, you will be asked to make payment before you can download your power of attorney and associated documents.  You may cancel the contract at any time prior to payment simply by leaving the website or failing to complete the payment details. Upon payment you will have immediate access to your power of attorney and associated documents.  Therefore the services we provide to you under these Terms & Conditions will have begun and you will not be able to cancel the contract under Regulation 10 of the Regulations. However, where you are not entirely satisfied with your power of attorney and / or associated documents, you can request a refund, payment of which is entirely at our discretion.  You may send a request for a refund to :

  • by e-mail to refund@poascotland.co.uk or
  • by post to Refunds, POA Scotland, Clyde Offices, 2nd Floor, 48 West George Street, Glasgow, G2 1BP

Limitation of liability

Our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you, howsoever arising, in respect of:

  • any breach of these Terms & Conditions; or
  • your use of the Website or any software accessed through the Website; or
  • your use of the POA Service; or
  • any representation, statement or negligent act or omission (including without limitation negligence) arising under or in connection with the Terms & Conditions, the Website or the POA Services.

shall be limited to damages of an amount equal to the fee paid by you to POA Scotland. Except as expressly and specifically provided in these Terms & Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms & Conditions. Nothing in these Terms & Conditions shall exclude or limit liability arising from death or injury to persons caused by negligence; or liability for fraudulent misrepresentation. In particular we shall not be liable for:

  • loss of profits;
  • loss of business;
  • depletion of goodwill or similar losses;
  • loss of anticipated savings;
  • loss of goods;
  • loss of use;
  • loss or corruption of data or information; or
  • any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it; or
  • any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

Waiver

Our failure to enforce or exercise strict performance of any provision of these Terms & Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of the Conditions. Our rights, powers and remedies in the Conditions, including without limitation the right to suspend, restrict or terminate any use of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.

Severability

If any provision of these Terms & Conditions is determined to be invalid or unenforceable in whole or in part, the invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

Assignation

We may at any time assign our rights or sub-contract our obligations under these Terms & Conditions, in whole or in part, without notice to you.

Events out-with our control

We will not be responsible for a failure to fulfil our obligations under the Terms & Conditions or for delay in doing so if such failure or delay is due to circumstances beyond our reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation.

Entire agreement

These Terms & Conditions, as amended from time to time, including any and all documents, websites, rules, terms and policies referred to in these Terms & Conditions constitute the entire agreement between us and you with respect to the matters referred to in these Terms & Conditions.

Governing law

The Conditions shall be governed by, and will be construed in accordance with the law of Scotland and the Scottish courts shall have jurisdiction in any legal proceedings.  We retain the right to bring proceedings against you for breach of the Terms & Conditions in your country of residence or any other relevant country.

Complaints and how to contact us

We hope you will be satisfied with the service with you receive from the Website and the POA Service.  However, in the event that you have a complaint please email us at complaints@poascotland.co.uk . If you have any questions about these Terms & Conditions or any aspect of the Website or POA Service, please contact us at info@poascotland.co.uk.

Your agreement

Your use of the Website or the POA on your own behalf and on behalf of any organisation on whose behalf you may act, signifies your and the organisation’s consent and agreement to these Terms & Conditions.