Terms of Use

These Terms and Conditions

These are the terms and conditions on which we supply Documents and Services (as defined below) to you.

Please read these terms and conditions carefully before you submit your order to us. These terms and conditions tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions or require any changes, please contact us to discuss.

DEFINITIONS AND INTERPRETATION

"Document(s)" means the Will document or any other document sold by us on our Website and which are ordered by you.

"Privacy Policy" means the privacy policy on our website which can be found at https://willpower.ng/privacy.jsp

"Website" means https://willpower.ng/

"we", "us", "our" means UTL TRUST MANAGEMENT SERVICES LIMITED.

"you", "your", "yours", "user" means the user accessing the Website and ordering any Documents and/or Services from the Website.

"Writing" includes emails. When we use the words "writing" or "written" in these terms and conditions, this includes emails.

INFORMATION ABOUT US AND HOW TO CONTACT US

We are UTL, which is a trading name for UTL TRUST MANAGEMENT SERVICES LIMITED, a company incorporated in Nigeria [RC 4834] with its business offices at ED Building, 47 Marina, (2nd Floor) Lagos State, Nigeria.

You can contact us by writing to us at support@willpower.ng or by post at the address above.

If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

REGISTRATION

Please check that the Documents and/or Services we offer are suitable for your use before you order from our Website. It is important that you read through the various pages on our Website before you order.

To order Documents and/or Services from our Website, you will need to register your details with us. By registering, you agree to be bound by these terms and conditions and our Privacy Policy.

You must be 18 years or over to register and to order Documents and/or use the WillPower Service.

You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of registration and are not false or misleading or misrepresent your identity. Where requested, you must provide us with valid and complete contact details including a valid email and residential address.

When registering with us you will be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party. We will not be liable for any unauthorized access by a third party using your username and password.

OUR CONTRACT WITH YOU

Our acceptance of your order will take place at the time when we process your order and payment is made, at which point a contract will come into existence between you and us.

OUR SERVICES

Documents and/or Services purchased from the Website are intended for your use only and you warrant that any Documents and/or Services ordered and purchased by you are not for resale. We shall not be liable for the unauthorized distribution of Documents and/or Services to any third party.

The alterations which can be made to the Documents through use of the Services will be limited to set fields such as the names of beneficiaries, executors, guardians, protectors or assets and you will be able to make unlimited changes to these areas by ordering the Services. You will not be permitted to change or alter the main text on the Documents. Once alterations have been made, you will be able to download the updated Document.

YOUR RIGHTS TO MAKE CHANGES

Due to the bespoke nature of the Documents, you are not entitled to cancel your order or to return the Documents unless either (i) the file cannot be opened or is corrupted when you try to download the Document; or (ii) any printed version of the Document ordered is damaged upon receipt. The right to cancel the contract under general Consumer Protection Council Act 1992 does not apply to Documents purchased from us.

In the event that you order a printed version of the Document which is damaged upon receipt, we will bear the costs of the return.

All replacements for faulty or damaged Documents will be undertaken within 14 days of receipt of the returned documents or the date you notify us that the Documents cannot be opened or are corrupted.

OUR RIGHTS TO MAKE CHANGES

We may change the Documents, Services and/or Website:

  • To reflect changes in relevant laws and regulatory requirements; and
  • To implement minor technical adjustments and improvements.

We may cancel or suspend your access to Documents or Service if we consider that you have acted in breach of these terms.

PROVIDING THE DOCUMENTS AND SERVICES

We will make digital contents available for download by you as soon as we accept your order.

Where we offer a delivery service for Documents and you have elected to have the documents printed, bound and posted to you, the delivery periods and costs of delivery will be as displayed to you on the Website. Documents will be sent to the address nominated by you at the time of ordering (on the order form) and cannot be altered.

Once purchased, we will supply the Documents to you.

If our supply of the Documents is delayed by an event outside our control then we will contact you as soon as reasonably possible to let you know and we will take reasonable steps to minimize the effect of the delay. Provided as we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Documents you have paid for but not received.

PRICE AND PAYMENT

The price (inclusive of VAT) of the Documents will be the price displayed on the Website and indicated on the order pages when you place your order.

The total price for Documents and/or Services ordered, including any relevant delivery charges, will be displayed on the Website when you place your order. Full payment must be made before the Service can be provided or a Document can be downloaded by you.

The fee is charged per Document. You will be required to pay again for the creation of another Document (to be indicated on the order pages when you place your order).

There is a value-added insurance policy included in the total price, which is only eligible for single sign on users.

SECURITY AND DATA

Where we have requested data from you to provide the Documents, you agree to provide us with accurate and complete information.

You authorize us to use, store or otherwise process your personal information (in accordance with our Privacy Policy) in order to provide the Documents to you and for marketing and credit control purposes. Please read our Privacy Policy for more information on how we store and process your personal information.

You are entitled to request for a copy of the personal information we hold on you. Please contact us if you wish to request this information.

We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data which you provide when accessing or ordering from the Website.

INTELLECTUAL PROPERTY

Ownership in, and all rights created in relation to the contents of the Website vest in us absolutely unless otherwise indicated. We retain ownership of all intellectual property rights related to the Website, including copyrights, trademarks and other proprietary rights. No license is granted to you to use any such intellectual property save that you are permitted to use the Website in accordance with these terms and conditions. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website. The collection, arrangement and assembly of all contents on the Website is the exclusive property of UTL.

You are granted a non-exclusive, non-transferable license by us to use our Website and to print pages from the Website. If you order and pay for a Document through the Website, you will be granted permission to enable you to create and download your Document. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.

You shall not

  • license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Documents or the content of our Website in any way;
  • Modify or make derivative works based upon our Service and Website;
  • Embed a Document as an "iframe" or "frame" from within another application;
  • Reverse, engineer or access the Website, the Services or Documents in order to
    • build a competitive product or service,
    • build a product or service using ideas, features, functions or graphics that are similar to those related to us, or
    • copy any ideas, features, functions or graphics of the Website.

When using the Website, you shall not:

  • send any correspondence that has not been suitably scanned for any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  • interfere with or disrupt the integrity or performance of the Website or the data contained therein, or our Website, servers or networks;
  • attempt to gain unauthorized access to secure pages of the Website or its related systems or networks; or
  • Take any action that imposes an unreasonably or disproportionately large load on our system.
OUR WEBSITE

The information, content and material available on the Website may vary from time to time without notice to you. This is to ensure that the Website is as up to date as possible.

We shall use our best endeavors to ensure that the information available on the website is correct and accurate however the information is provided on an "as is" and "as available basis" and may become out of date over time.

The information contained on the website is general legal information and should not be construed as legal advice to be applied to any specific factual situation.

We always aim to have the site available, however, you will appreciate that we cannot guarantee this or that it will be error free and we shall not accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all product or service descriptions displayed on the Website are correct at the time the information is entered. However, the information appearing at the time may not always reflect the position exactly at the time you place your order.

You must not interfere with the functionality of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.

DISCLAIMER AND LIMITATION OF LIABILITY

Guidance notes/Tips will be provided to assist you with the execution of your Document. It is entirely your responsibility to follow such notes and to ensure that the Document is validly executed and we shall have no liability for your failure to properly execute your Document.

We do not review the data you provide to create or generate a Document for the purpose of checking for legal accuracy, correctness, suitability or completeness other than where you have specifically requested this service and paid any fee due for this service. Where you have generated and produced a Document online we cannot accept responsibility for the appropriateness of the Document.

The Documents/Service is suitable for use in Nigeria only. If you live or have assets outside Nigeria, contact us for further help with this. We shall have no liability for the suitability of the Document and/or Services outside jurisdiction.

We disclaim any and all liability to you for the supply of the Documents and our Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Document or Service.

We only supply the Documents and Services for domestic and personal use. If you use the Service 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.

APPLICABLE LAW, LANGUAGE AND THE COMPETENT JURISDICTION PROVISION

UTL is a company registered in Nigeria and has offices and operations in Nigeria only.

The USER hereby submits to the jurisdiction of Nigeria and acknowledges fully that these Terms and Conditions are governed by the laws of Nigeria (without regard to conflict of law provisions) and that no other foreign or international laws shall apply.

The USER further acknowledges that any dispute resolution required, including arbitration, litigation or another method, shall exclusively be done in Nigeria. Specifically, any litigation under these Terms and Conditions will be exclusively before a court of competent jurisdiction in Nigeria.

To the fullest extent permitted by law and especially in case of any dispute between the parties, the controlling language for these Terms and Conditions is English.

In case of any dispute or claim, however, before undertaking any method involving a third party, the USER hereby agrees to first contact UTL directly so that the parties may come to an amicable solution.