Terms of Use

wishLockr: Terms of Use

  1. Introduction
    1. The wishLockr website and any associated mobile application (wishLockr) are owned and operated by KIC (Holdings) Limited of Sovereign House, 14-16 Nelson Street, Douglas, Isle of Man IN1 2AL trading as WishLockr) (we, us). By using wishLockr you agree to be bound by these terms (the Terms) together with the privacy & cookie policy accessible on wishLockr (the Privacy & Cookie Policy). These Terms and the Privacy & Cookie Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy & Cookie Policy, do not use wishLockr. If you have any questions, you can contact us at hello@wishlockr.com.

    2. We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using wishLockr. Updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

  2. Sign-up
    1. wishLockr is a platform to allow registered users to store data relating to end of life planning and to create a bucket list of wishes (a bucketWish) to enable users to make the most of time beforehand (User Content).

    2. To register and use this Site you must be at least 18 years old and legally able to enter into a contract. Unfortunately, wishlockr is not available for use by people under the age of 18 without parental consent. Please do not use this Site if you are under 18 or ask a parent or guardian to contact us directly so that we may consider your request.

    3. You are responsible for maintaining the confidentiality of your login details, and you are solely responsible for all activities that occur under your login details. You must not allow any third party to access wishLockr through your login details. Please take precautions to protect your login details and contact us immediately at hello@wishlockr.com if you believe there has been any unauthorised use of your log in details.

    4. As part of your membership of wishLockr, you are entitled, but not obliged, to appoint up to 3 wishUnlockrs. Each of your wishUnlockrs has the right to view all of your User Content and is encouraged to use that User Content as appropriate in the event of your incapacity or death. You must obtain the wishUnlockr’s prior consent before appointing them to your wishLockr account. Please ask them to review these Terms of Use and the Privacy & Cookie Policy as these documents apply to each wishUnlockr’s access and use of wishLockr too.

    5. You acknowledge and agree that if you do not appoint a wishUnlockr, then it is your responsibility to print off your User Content to ensure that it is accessible to an appropriate person as needs be.

  3. Use of wishLockr
    1. When you use wishLockr you must comply with all applicable laws and regulations. In particular, but without limitation, you agree not to:

      1. try to gain unauthorised access to wishLockr or any networks, servers or computer systems connected to wishLockr;

      2. use wishLockr in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other user’s use and enjoyment of wishLockr; and/or

      3. save to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of wishLockr.

    2. If at any time your use of wishLockr is, in our reasonable view, excessive and as a result significantly impacts on other users’ ability to use wishLockr, we shall notify you accordingly and you shall promptly take appropriate steps to remedy such use. If you do not do so within a reasonable time, we shall be entitled to remove some or all of your User Content, suspend and/or terminate your account at our discretion.

  4. User Content
    1. You agree that User Content must comply with all applicable laws and regulations and in particular:

      1. you must own the copyright in the User Content, or you must have the permission of the copyright owner to upload the User Content and we may ask you for evidence of compliance with this requirement at any time;

      2. you should obtain the consent of any individual named or included visually in your User Content before uploading such User Content; and

      3. the User Content shall be accurate and up-to-date and you should continue to ensure that this remains the case following the first uploading of the User Content. For example, if you change your surname through marriage or otherwise, please update your wishLockr account.

    2. You grant a non-exclusive, royalty free, transferable licence to wishLockr to reproduce your User Content within your wishLockr account, and share your User Content with your wishUnlockrs. If your wishLockr account is terminated, you agree that we may delete User Content.

    3. All users of wishLockr acknowledge and agree that wishLockr is not responsible for and accepts no liability for User Content. We accept no obligation to screen or monitor any User Content.

    4. We take reasonable steps to safeguard User Content. However we cannot ensure that your User Content will always remain secure. You acknowledge that wishLockr may be subject to breaches of security that we cannot reasonably be expected to guard against, manage and/or avoid. You therefore agree that your User Content shall be backed up on your own system or otherwise available and accessible to you.

  5. wishLockr Content
    1. The copyright in all material contained in wishLockr including all information, data, text, images, and all source code and other software is owned by or licensed to wishLockr (Our Content). All rights are reserved. You can view, print or download extracts of Our Content for your own purposes, but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use Our Content without our permission.

    2. wishLockr may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.

    3. We accept no responsibility for adverts contained within wishLockr. If you agree to purchase goods and/or services from any third party who advertises in wishLockr, you do so at your own risk. The advertiser, and not wishLockr, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser. You agree that if you provide any personal data to any such advertiser, the privacy policy of that advertiser shall apply to their use of your personal data.

  6. Availability
    1. There may be occasions when access to wishLockr may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall have no liability for any such interruptions.

    2. We reserve the right to remove any content or features from wishLockr for any reason, without prior notice and/or to suspend or cease providing any services relating to wishLockr without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.

  7. Delete an account
    1. Without prejudice to any other rights or remedies available to us, we may suspend or delete your wishLockr account if:

      1. you have breached any provision of these Terms;

      2. we cannot verify or authenticate any information you provide to us; and/or

      3. we determine that your conduct could damage our reputation.

    2. You may delete your wishLockr account at any time by managing your account within the wishLockr dashboard.

    3. A wishUnlockr may delete a user’s account in the event of that user’s death. In order to do so, we require copies of the following documents: in respect of the user, one of (a) a death certificate, obituary or memorial card; and in respect of the WishUnlockr one of (b) birth certificate, driving licence or passport. For the avoidance of doubt, whilst we try to ensure that documents received by us under this Clause 7.3 are not counterfeit, we cannot be liable for any loss of User Content as a result of any fraudulent act to delete a user’s account. Please contact us immediately if you believe that your account has been deleted.

    4. If your wishLockr account is deleted:

      1. you must cease to use wishLockr;

      2. you may not re-register under a different name; and

      3. you acknowledge that your User Content may be deleted within 3 months after the date we delete your account.

  8. Liability and disclaimer – Your attention is particularly drawn to this section
    1. We use reasonable endeavours to operate wishLockr with reasonable skill and care. We hope that registered users and wishUnlockrs will find the platform useful and reassuring. However, you acknowledge and agree to the following:

      1. users should choose their wishUnlockrs carefully. We are not liable for the acts or omissions of a user and/or a wishUnlockr, in particular, we are not liable if a wishUnlockr fails to carry out a user’s wishes at any time;

      2. your bucketWish may contain activities that are inherently hazardous. You should choose the provider of the activity carefully, and you agree that we do not endorse or recommend any particular provider and we are not liable for any provider’s acts or omissions; and

      3. wishLockr shall not itself carry out any of your wishes or provide any information to any third party in the event or your death.

    2. wishLockr is provided on an “as is” basis. To the maximum extent permitted by law all implied warranties, terms and conditions relating to wishLockr, Our Content and User Content (whether implied by statute, common law or otherwise), including any warranty, term or condition as to accuracy, completeness, reliability, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded.

    3. To the extent that wishLockr is liable to you under these Terms or otherwise under applicable laws that cannot lawfully be excluded, including for any damage to your device or computer as a result of the use of wishLockr, then provided that you have not contributed to the damage, we shall repair or compensate you for the damage to a maximum sum of £25. Your statutory rights as a consumer are unaffected.

  9. General
    1. In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.

    2. These Terms and the Privacy & Cookie Policy (as amended from time to time) constitute the entire agreement between you and wishLockr concerning your use of wishLockr. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

    3. You consent to receive all communications including notices and other information from wishLockr electronically. wishLockr may provide all such communications by email, text or by posting them on wishLockr. In accordance with the Privacy & Cookie Policy, you can choose to no longer receive marketing emails from us by notifying us at hello@wishlockr.com or within your account on wishLockr. However, we will retain your personal information whilst your wishLockr account remains live.

    4. If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to wishLockr please follow this link http://ec.europa.eu/odr.

    5. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

Last updated: September 2017