Settld Terms and Conditions
These Terms & Conditions, as may be amended from time to time (the “Terms”) set out the rights and obligations of Kind Call Ltd (trading as and herein referred to as “Settld” or “we,” “us,” or “our”) and the person employing or using the Settld Services, as defined below (“Customer”, “you” or “your” and which term shall include any client of the Customer or other person provided access to the Settld Services by such Customer or such clients). Kind Call Ltd is incorporated and registered in England and Wales with company number 12463765 and whose registered office is at 2 Bath Terrace, Seaham Harbour, County Durham, SR7 7EZ. To contact us, please email firstname.lastname@example.org. Settld provides a service to, among other things, notify utilities, financial organisations, entertainment, subscription, and other home-related service providers (the “Service Providers”) of the death of an account holder (the “Deceased”), to request account balance closure, transfer, or amendment, as may be agreed with the Customer, and perform other related services as set forth more fully below (the “Settld Services”).
PURPOSE OF TERMS. These Terms constitute a legal agreement between you and Settld concerning the provision of the Settld Services, and including access to and use of the website www.settld.care and any sub-domains thereof, and related systems, software, applications, and services provided by Settld as updated from time to time (together the “Settld Applications” or “Apps”). These Terms set out the rules governing the Settld Services, including your access and use of our Apps and the provision by us of online and offline facilities, tools, services, or information to you, whether or not through the Apps.
WE MAY MAKE CHANGES TO THESE TERMS. We may amend these Terms from time to time. Every time you wish to use our Apps, please check these Terms to ensure you understand the Terms that apply at that time.
REPRESENTATIONS. You represent that (i) You, and each and every individual accessing the Apps or otherwise acting on behalf of You or the Customer has and will at all times have the authority to bind You or the Customer without any further enquiry from Settld and unless otherwise agreed in writing; (ii) You, or the Customer, have all requisite right, power, and authority to enter into these Terms, perform the obligations under, and grant the rights and authorizations on your/their own behalf and/or on behalf of the Deceased and/or any other client or person representing the Deceased and whom You or the Customer authorises Settld to deal with or to whom You or the Customer grants access to the Settld Services (each a “Client” which term shall include but not be limited to any executor or other personal representative of the Deceased and family members or other persons representing the Deceased or their estate); and (iii) You agree to comply with the provisions of any anti-bribery or anti-corruption laws applicable to you.
FEES AND PAYMENT.
PRIVATE INDIVIDUALS: The Settld Services (as defined below) are made available to individuals free of charge. Use of the Settld Services does not commit individuals to any obligation to pay for the Settld Services now or in the future.
AGENTS: Law firms, probate practitioners, local councils or authorities, financial advisors, and other similar governmental or for-profit companies that engage with the Settld Services on behalf of a Customer (Agents) must enter into a separate fee agreement with Settld before using the Settld Services.
ACCOUNT. Upon completion of your registration, a Settld account will be created for you (the “Settld Account”). For Agents, we will create user accounts associated with your Settld Account for individuals within your organisation (each a “User Account”). You can access the Apps through a web browser to view content and information, and otherwise use the Apps to the extent intended and permitted by their functionality. We may, in our sole discretion, refuse to allow you to establish an account with us, or limit the number of User Accounts that you may establish and maintain at any time.
ACCOUNT SECURITY. You are responsible for all activities that occur through your Settld Account and, for Agents, any associated User Accounts, and must ensure that you (and your Users) comply with the Terms. You are responsible for maintaining the security of any passwords associated with your Settld Account and User Accounts; if you believe an unauthorised person has access to your Settld Account or any User Account or your or their passwords, you must contact us immediately and change any compromised passwords.
SETTLD SERVICES. “Settld Services” means:
- Creation of and access to a secure Settld Account for the Customer with the functionality described herein.
- For Agents, creation of User Accounts under your Settld Account, providing access to a Case Management Dashboard.
- For Individuals, enabling you to create a case. For Agents, enabling each User to add a new Client case to the Case Management Dashboard and send a webform link to your Clients (requesting their permission to proceed and to upload necessary documents and information).
- Enabling you to request, on your own behalf or on behalf of your Client, account details, closure, transfer, or amendment by contacting each designated Service Provider with the necessary information.
- Tracking the status of requests made to the Service Providers.
- Automated follow up with each Service Provider, should they fall behind their agreed response times or require further communication to complete the requested activity.
- Automated contact updates by email to Individuals and Agents, should the Service Providers require further information to effect account balance, closure, transfer, or amendment.
- Access to Settld Customer Care via email@example.com.
YOUR OBLIGATIONS. You shall:
- Authorise Settld to, directly or through third parties, make any inquiries we consider necessary to perform KYC (“Know Your Customer”) and AML (“Anti-Money Laundering”) procedures in respect of you and your Users to verify your and their identity and/or protect against fraud, including to query identity information contained in public domain or reports, and to take any action we reasonably deem necessary based on the results of such inquiries or reports.
- Obtain and maintain all necessary proof of identity documents (passport, driving license, proof of attorney etc) in respect of yourself or your Clients, to ensure compliance with all applicable KYC and AML policies and obtain any such Clients’ written consent to sharing such information with us should we reasonably request such information.
- Provide in a timely manner all documents, information, items, and materials in any form (whether owned by you or any third party) reasonably required by Settld in relation to the creation of a Settld Account for the Customer and or any User Accounts.
- Authorise Settld to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public domains or reports, to query account information associated with any linked bank account or qualifying credit/debit cards (e.g., name or account balance), and to take any action we reasonably deem necessary based on the results of such inquiries or reports. You further authorise any and all third parties to whom such inquiries or requests may be directed to fully respond to such inquiries or requests.
- You agree that the information you submit to us about the Customer, the Deceased, and any Client is and will at the time provided be true, accurate, current, and complete. You agree to advise us of any material changes in such information which occur during the course of the provision of the Settld Services and to keep all such information current and accurate.
- In case of an Account opened in joint names, then each account holder is jointly and severally liable for all liabilities and obligations in respect of the Account. We will assume instructions received in respect of such an account are given on behalf of and with the knowledge of all Account holders. Any action we may take regarding such instructions will be binding on all Account holders.
PROHIBITED USE. In connection with your use of the Settld Services you agree and represent you will not engage in any Prohibited Use as described below. We reserve the right at all times to monitor, review, retain, and/or disclose any information, including the details of your activity, as we deem appropriate or necessary, including, without limitation, to satisfy any applicable law, regulation, taxation, sanctions programs, legal process, or governmental request. We reserve the right to cancel and/or suspend your account and/or block any request immediately and without notice if we determine, in our sole discretion, that your account is associated with a prohibited use, whether under these Terms or under any applicable law.
You may not use your Settld Account or User Account to engage in the following categories of activity (“Prohibited Use”):
- Unlawful Activity: Activity which would violate, or assist in the violation of, any law, statute, ordinance, regulation, or sanctions programs administered in any jurisdiction and in particular the jurisdictions where you, your Clients, or any Deceased is or was resident or domiciled or where their respective assets are located; or which would involve proceeds of any unlawful activity; or which would publish, distribute, or disseminate any unlawful material or information.
- Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Apps that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorised access to the Apps, other Settld Accounts, and/or User Accounts; use Settld Account information of another party to access or use the Settld Services; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Settld.
- Fraud or Manipulation: Activity which operates (or is intended to operate) to defraud Settld, Agents, Service Providers, or any other person; provide any false, inaccurate, or misleading information to Settld. You may not use the site and or the Settld Services in a manner that: (i) copies or stores any significant portion of the content, (ii) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Beta Service or content (through use of manual or automated means), (iii) harvests or otherwise collects information about other Customers, Agents, or Service Providers.
- Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity, or privacy, or any other proprietary right under the law, including but not limited to sales, distribution, or access to licensed materials without the appropriate authorization from the rights holder; use of Settld intellectual property, name, or logo, including use of Settld’s trade or service marks, without express consent from Settld, or in a manner that otherwise harms Settld or the Settld brand; any action that implies an untrue endorsement by or affiliation with Settld or commercialises any Settld Services, Settld Applications, or any data or other information or software associated with them or derived from them.
The specific types of use listed above are representative, but not exhaustive. If you are uncertain as to whether or not your use of the Settld Services involves a prohibited use or have questions about how these requirements apply to you, please contact us at firstname.lastname@example.org.
SCOPE OF SERVICES
Settld will not collect or direct payment of any monies owing to the Customer, the Deceased, the Agent, or the Clients at any time. Settld will not visit Customer, Deceased, Client, Agent or Service Provider premises to take meter readings or act on any information that has been provided.
WE ARE NOT RESPONSIBLE FOR THE SERVICE PROVIDERS WE CONTACT. Settld is a service to enable Customers to notify Service Providers and provide related follow-up services. Such Service Providers, however, are solely responsible for verifying the details provided and making the necessary changes, or providing details, on the stated accounts. Settld will use reasonable endeavours to provide the outlined Settld Services to you in accordance with these Terms in all material respects, however, we have no control over the contents of Service Providers sites, resources, or their interactions with and communications to you. It is the Customer’s sole responsibility to review and verify the terms of their, the Deceased’s, and or their Client’s relationship with Service Providers, account balances, and account status.
RIGHT OF CANCELLATION.
INDIVIDUALS: You or we can cancel your Case or Settld Account at any time, upon written electronic notice to email@example.com in the case of termination by you and to you at your email contact in the case of termination by Settld.
AGENTS: Agents’ separate fee agreement with Settld will contain the relevant cancellation provision and procedure.
LIMITED WARRANTY AND LIABILITY. The Settld Apps and the Settld Services are still being developed, tested, and evaluated. The Apps and the Settld Services are provided to you “as is” without, either expressed or implied, including, but not limited to, any warranty of merchantability, non-infringement, or fitness for a particular purpose.
The Apps and the Settld Services are not a finished product and may contain bugs, errors, and other problems. Settld strongly recommends that you backup all data and information prior to using the Apps. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SETTLD SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION, OR DATA. In addition, Settld may, but is not obligated to, provide any maintenance, technical, or other support for the Settld Services.
Save as may be expressly provided to the contrary:
- We make no warranty or representation (express or implied) that the Apps or the Settld Services will meet your requirements, that it or they will be of satisfactory quality, or fit for a particular purpose;
- We make no warranty or representation (express or implied) that the Apps will not infringe the rights of third parties;
- We do not guarantee that our Apps, or any content on it, will always be available or be uninterrupted. Access to the Apps may be suspended, withdrawn or discontinued by us at any time without notice and without any reason being given. We may also vary the content of the Apps and the Beta Services we provide on the Apps without notice. We will not be liable to you if for any reason our Apps is unavailable at any time or for any period;
- We make no warranty or representation as to the accuracy of the information provided on the Apps. Please note that the information on our Apps may be out of date at any given time, and we are under no obligation to update it;
- We accept no liability for any disruption or non-availability of the Apps resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions, and censorship;
- We make no warranty or representation that the Apps will be compatible with all systems. You are responsible for making all arrangements necessary for you to have access to the Apps;
- We do not provide any investment, legal, regulatory, estate management, or tax advice. It is your responsibility to seek independent advice regarding the Settld Services (including your applicable estate management obligations). You are required to personally assess any and all risks associated with your use of the Apps and the Settld Services and you are recommended to seek professional advice to determine such risks.
Settld may discontinue any or all Settld Services at any time, in its sole discretion, with or without notice.
WE MAY MAKE CHANGES TO OUR SERVICES AND THE APPS. We expressly represent that the Settld Services and Apps are not a final product and, as such, we may update and change our Apps from time to time to reflect changes to, our users’ needs and our business priorities. We may suspend, withdraw, or restrict the availability of all or any part of our Apps for business and operational reasons.
LIMITATION ON LIABILITY. IN NO EVENT SHALL SETTLD BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE TERMS AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT SETTLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, WE WILL NOT BE LIABLE FOR LOSS OF DATA, PROFITS, SALES, BUSINESS, OR REVENUE; BUSINESS INTERRUPTION; COST OF RECOVERY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. You agree to hold harmless and indemnify Settld, its affiliates, and subsidiaries, officers, directors, agents, and employees (collectively "Settld Indemnified Parties") from and against any third party claim arising from or in any way related to (i) your or your User’s breach of the Terms, (ii) your or any User’s or Clients’ use of the Apps and/or Settld Services, (iii) your or any User’s violation of applicable laws, rules, or regulations in connection with the Beta Services, or (iv) any and all documentation or information uploaded to our systems whether by you or any User, Client, Service Provider, or other person, and in each case, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Settld will provide you with written notice of such claim, suit, or action within a reasonable period of it becoming aware of same.
INTELLECTUAL PROPERTY. On the condition that you comply with all your obligations under these Terms we grant you a limited, revocable, non-exclusive, non-assignable, and non-sublicensable license and right to access and use the Apps and Settld Services. You agree that Settld owns all legal right, title, and interest in and to the Apps and the Settld Services, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the Settld Services is granted. Nothing herein gives you a right to use any of Settld trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
REVERSE ENGINEERING. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to decipher any code in connection with the Apps and/or any other aspect of Settld’s technology.
VIRUSES. We are not responsible for viruses and you must not introduce them. You are responsible for configuring your information technology, computer programmes and platform to access our Apps. You should use your own virus protection software. You must not misuse our Apps by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Apps, the server on which our Apps is stored, or any server, computer or database connected to our Apps. You must not attack our Apps via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Apps will cease immediately.
RULES ABOUT LINKING TO OUR APP. You must not establish a link to our website or Apps from any website or systems etc. not owned by you. Our Apps must not be framed on any other website, system, or applications, nor may you create a link to any part of our website or Apps other than the home pages. We reserve the right to withdraw linking permission without notice. The websites, systems, or applications in which you are linking must comply in all respects with the content standards set out herein. If you wish to link to or make any use of content on our website or Apps other than that set out above, please contact firstname.lastname@example.org.
CONFIDENTIALITY. You acknowledge and agree that all Settld data and information discussed and/or made available through or contained in the Apps, including, without limitation, the Settld Services, any product-related information and any other proprietary technology or know-how provided to you in whatever form by us through the Settld Apps is confidential (“Confidential Information”). You, and any and all persons, firms, companies, or organisations associated with you shall keep all Confidential Information confidential and not disclose it to any person, unless permitted under this clause; and this confidentiality obligation does not apply to the disclosure of Confidential Information which: (a) is or comes into public domain, except through breach of the confidentiality obligation under this clause; (b) comes lawfully into your possession from a third party who is not bound by a confidentiality obligation relating to such Confidential Information; (c) is required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body, or any law, provided that you will promptly notify us in writing, or (d) is disclosed by you with our prior written consent.
NON-COMPETITION; NON-SOLICITATION. As a result of receiving the Confidential Information and otherwise becoming familiar with the Settld Services, you may obtain knowledge about Settld’s business model and proprietary products. You shall not use such knowledge (a) for any purpose other than to operate under these Terms, (b) for your own advantage or economic benefit outside the scope of these Terms or (c) in any manner that would harm or otherwise be a detriment to Settld. In order to ensure compliance with the present provision, you agree that during the provision of the Settld Services and for a period of two years thereafter, you shall not, directly or indirectly, own, manage, operate, join, control, finance, or participate in the ownership, management, operation, control, or financing of, or be connected as an officer, director, employee, partner, principal, agent, representative, or consultant of any entity engaged in the business of providing substantially similar to the Settld Services without the prior, written consent of Settld. Without limiting the generality of the foregoing, you shall not, nor shall you assist any third party to, directly or indirectly, during the provision of the Settld Services or for a period of 12 months thereafter, solicit, either directly or indirectly, any employee of Settld to leave his/her employ with Settld.
GOVERNING LAW AND JURISDICTION. These Terms shall be governed by English law. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.
INDEPENDENT CONTRACTORS. You agree Settld is acting as an independent contractor and we are not entering into any form of partnership, agency or other arrangement with you save as set out herein. We are not acting as your or your Clients’ agent by providing the Settld Services, which are merely an electronic means by which you can deal with Service Providers of the Deceased and such other persons as you may determine. You agree Settld is not a party to and is not responsible for the contents of any communications between you and your Clients and/or such Services Providers notwithstanding that you and they may receive communications from or through Settld and the Settld Services. You agree not to hold yourself out as an agent or representative of Settld and you have no power or authority to bind Settld in contract or otherwise.
ENTIRE AGREEMENT. These Terms (together with the documents to which they refer) contain the whole agreement between you and Kind Call Ltd, relating to the use of the Apps and supersede all previous agreements between you and Kind Call Ltd relating to it. You acknowledge that in agreeing to these Terms, you have not relied on any representation, warranty or other assurance except those set out in the beta Apps.
We have made every effort to ensure that these Terms comply with the relevant provisions of the UK Consumer Rights Act 2015 and other applicable laws. However, in the event that any of these provisions are found to be unlawful, invalid or otherwise unenforceable, that provision is to be deemed severed from these terms of business (in the jurisdiction(s) where it is illegal only) and shall not affect the validity and enforceability of the rest of this document.
In the event that either you or we fail to exercise any right or remedy contained in these terms of business, that does not mean you or we (as applicable) have waived that right or remedy and so shall not be construed as a waiver.
In making or seeking transactions through the Website, you will be required to agree to the terms of certain other agreements setting out the specific terms of the particular transaction you are entering into with us or others. These terms (and the other policies referred to therein) will continue to apply to you even after you have agreed to such additional agreement(s). If there is a conflict between these terms and/or our other policy and/or any subsequent or additional agreement that you enter into, the terms of the subsequent or additional agreement will take priority.