1. Acceptance of Terms and Conditions of Use
These Terms and Conditions (the “Terms”) govern your use of the Five Minute LPA service, operated by Medex Direct Ltd, trading as Five Minute LPA, a company incorporated in England and Wales (company registration number 2794576, VAT registration number 220 5212 69 (“we/us/our”).
Our service provides an online form completion tool only to help users prepare drafting Lasting Power of Attorney (“LPA”) documents using official Office of the Public Guardian (“OPG”) forms accessible via the fiveminutelpa.com website (“the “website”) (the “Service”).
We are not a law firm, do not provide legal advice, and do not submit documents to the OPG on your behalf.
1.1. In clicking a ‘BUY’ or ‘PAY’ button on the ‘YOUR DOCUMENT PACKAGE’ page or on the ‘DOCUMENT SELECTION’ page, or similar buttons, or purchasing any service, including the Service, you agree to be bound by the Terms .
1.2. By creating an account, purchasing a service, or clicking “Pay”, “Buy”, or similar buttons you confirm that you are aged 18 or over, you have read and understood the Terms; and you agree to be legally bound by them. If you do not agree, you must not use the Service.
2. Legal Documents Disclaimers and Limited Warranty
Services supplied through the Website are subject to a number of conditions as described in this section 2. Your statutory rights are not affected.
2.1. Legal Documents
Our service is strictly limited to asking you questions via an online questionnaire, inserting your answers into the relevant sections of the official LPA forms, producing a completed but unregistered LPA document; and providing general, non-legal guidance on signing and submitting the document. We do not give legal, financial, tax advice or capacity advice. Furthermore, we do not check whether an LPA is suitable for your circumstances, do not act as certificate provider, witness, attorney, or correspondent. We do not submit documents to the OPG; or guarantee acceptance or registration by the OPG. You are solely responsible for reviewing, printing, signing, witnessing, certifying, submitting and paying any OPG fees.
2.2. Service Limitations
The functionality and information supplied for your use in generating your LPA is unable to cover all individual circumstances. Should you be unsure on how such an LPA might affect you, we recommend that you obtain legal advice from a lawyer prior to signing the LPA. Any LPA produced by this site and executed without first obtaining legal advice or doing your own thorough legal research is done so entirely at your own risk, and you accept full responsibility should it prove to be unsuitable to your circumstances. Specialist legal advice should always be sought in relation to any particular circumstances.
LPAs generated by the Service will contain English characters only. If you require accented characters you will have to use the nearest English character and then make the alteration yourself, using either a black pen or a PDF Editor. This exercise (including any cost) will be your responsibility.
2.3. Legal Jurisdiction
The LPAs generated by the Service are designed to be suitable for the application of the laws of England and Wales. If you live or have assets outside England and Wales then you execute any document purchased using the Service entirely at your own risk. We will not normally process refunds for clients who have ignored or chosen not to read our Terms. All communication that we send to you will assume that you have read and understood the Terms, including this clause 2.3.
2.4. Law Changes
We take reasonable care to keep our questionnaire aligned with the current OPG forms and guidance. However, laws, regulations, and the OPG requirements can change; forms may be updated by the OPG, and interpretation of the law can evolve. We cannot guarantee that documents will remain compliant if there are changes after you generate them. You are responsible for ensuring your document is current at the time of execution and submission.
3. Assistance
3.1. The process permitting you to produce your LPA(s) involves the use of an online ‘questionnaire’ which incorporates ‘Help’ Notes both in the questionnaire itself and via an appropriately titled link in the questionnaire.
The reading and interpretation of the ‘Help’ Notes and the correct application of the advice therein to your particular situation is your responsibility.
3.2. Should you encounter any problems using the Service then you can seek assistance by contacting us using the ‘Contact’ link on the Website. When you use this facility, instructions are given for how to look out for and obtain our reply. Instructions for obtaining our reply are also on the ‘FAQ’ page of our Website. We shall in no way be liable should you fail to read or correctly follow these instructions. Our reply should never be taken as containing any legal, financial or tax advice or opinions.
4. Limited Warranty
We represent and warrant to use our best efforts to:
5. Product-Specific Terms and Conditions
5.1. Lasting Power of Attorney (‘LPA’)
A Lasting Power of Attorney must be produced on the official Government Form (‘the LPA form’). Our Service consists of:
Our Service does not include the registration fee (£92 per LPA document at the time of publication of these Terms) which you must pay to the OPG if and when you register the Completed Document.
The OPG are always changing the format and layout of the LPA form, with at least 3 versions to date. Their normal policy when they do this is to introduce a transitional provision that permits the use of the ‘old’ LPA form for a period of time, normally about 6 months.
The way that they normally do this is that they state that the ‘old’ LPA form will continue to be accepted provided that the document is executed (i.e. signed, witnessed and certified etc.) before a certain date (‘the Deadline Date’).
Whenever the OPG bring out a new version of the LPA form, will do the following:
We will not email customers who have previously purchased an LPA from us when the OPG brings out a new version of the LPA form. If you purchase an LPA from us on a version of the LPA form which was current at the date of purchase but which later (i.e. after your date of purchase) becomes superseded by a newer version and you execute it after the Deadline Date then you are entirely liable for any consequences irrespective of whether or not we informed you about the new version of the form.
6. Exclusion of Liability
6.1. Neither we nor our suppliers or affiliates will be liable to you in contract, tort (including negligence) or otherwise for any indirect, consequential, special or incidental damage or loss arising from your use of or inability to use the Website (including any of its contents) and/or any LPA, including (without limitation) loss of business or profits or anticipated savings, loss or corruption of data, loss caused by a virus, loss of or damage to property, claims of third parties, fines or penalties levied by any taxing or other authority or any other loss or damage. In particular, neither we nor our suppliers or affiliates will be liable for any Inheritance Tax liability incurred by your Estate as a result of the interpretation of your Will by the appropriate Tax authorities.
6.2. You acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss that you may suffer in connection with our site and that we, therefore, cannot adequately insure against such liabilities.
6.3. Notwithstanding the foregoing, our liability (including that of our affiliates and suppliers) to you in respect of losses or damages arising directly or indirectly from your use of or inability to use the Website (including any of its contents) and/or any LPA, irrespective of whether such loss or damage is based on contract, tort (including negligence) or otherwise, shall be limited, in relation to any one incident or series of related incidents, to the lesser of (i) 125% of the amount paid by you for the LPA, or (ii) £1000, whichever is lower.
6.4. Nothing in these Terms limits our liability in relation to death or personal injury caused by our negligence.
7. Grant of Licence
7.1. You are granted a non-exclusive, not transferable licence by us to:
7.2. Purchase of the right to generate an LPA results in you being granted a non-exclusive, not transferable licence by us to:
Note that ‘generate’ is defined as the creation of only one LPA which is then your responsibility to sign and make sure it is compliant.
7.3. The above grants of licence form part of the user agreement. As such each is inextricably linked to your compliance with all other aspects of these Terms.
8. Intellectual Property and Ownership
8.1. You acknowledge and agree that the Website content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) design presented through and as part of the Service by us is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Specific examples of trademarks or trade names (and related logos) are ‘Medex Direct Ltd’ and ‘fiveminutelpa.com’
8.2. Such content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only and at all times used solely in connection with the Service in accordance with the Terms.
9. Restrictions
Only uses of the Service explicitly granted to you by the Terms (or by us to you in writing) are allowed. All other uses are prohibited, including without limitation:
10. Fees and Payment
10.1. It is free for you to create a summary of an LPA using the Service. If you complete a payment, in line with the fees and payment procedure displayed on the Website, you will be granted access to generate the relevant LPA. This access will be for a reasonable period to allow you to generate the LPA. All fees and payments quoted are exclusive of VAT, which will be itemised and added prior to you making payment.
10.2. Where we offer additional services or features (e.g. ‘Free re-checks’) and give specific instructions (e.g. the use of a specific URL) in order to ‘trigger’ our software to automatically qualify you for the additional service or feature then it is your responsibility to ensure that these procedures are fully and correctly followed. We will not be liable for any loss you may suffer should the procedures not be correctly followed and the relevant ‘trigger’ consequently not be ‘activated’.
10.3. Where we state that a checking fee must be paid if you wish us to re-check your documents after purchase and after any amendments made by you then that fee applies whether the said amendments are as a result of changes desired by you or as a result of corrections recommended by us.
10.4. For the avoidance of doubt all administration and other costs and fees quoted in the Terms are quoted inclusive of VAT,
10.5. The prices that you pay when you complete your payment will be as published on the ‘Price List’ page of the Website, and will be presented to you immediately prior to your payment.
We reserve the right to amend our prices and associated pricing structure at any time. The new prices and associated pricing structure will take effect at the date & time that they are published on the Website. For the avoidance of doubt, we shall not send out emails to existing customers when we make changes to our prices or pricing structure.
11. Right to Cancel and Refunds
11.1. The instant that you click ‘Pay’ or ‘Make Payment’ (or similar) to make your payment for the Service from us you enter into a contract governed by these Terms and regulated by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Under regulation 29(1) of the aforesaid regulations you have a right to cancel the contract provided that you notify us within 14 days of the day following the date of order (“The Cancellation Period”).
HOWEVER if, after purchase, you click the option to generate/deliver your documents then under regulation 37(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are giving your express consent to delivery of the digital element of your order (“The Digital Element”) within the Cancellation Period and acknowledging that you lose your right to cancel The Digital Element under regulation 29(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Furthermore, if you order our additional Printing/Binding service then this is classified as “goods that are made to the consumer’s specifications or are clearly personalised” under regulation 28(1)(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and as such for this part of your order your right to cancel does not apply.
For the avoidance of doubt, this means that once you have, after payment, selected the option to generate/deliver your documents:-
All cancellation requests must be communicated to us either via the form on the “Contact Us” page of our Website entering ‘Cancellation’ as the subject and quoting the order number.
Valid cancellation requests will result in a 100% refund, which will be paid within 14 days and wherever possible will be made to the payment method or card that you used to make your original payment.
Where you have no right to cancel, we will enforce our right to refuse any cancellation request that you submit to us other than as provided for in the sub-paragraph(s) below which relate to specific products and services supplied via the Website and described in the Price List at the Website.
11.4 Attempting to bypass these Terms
Once you have selected the option to generate/deliver your documents then they will be delivered exactly as described. If you ask for a cancellation/refund and are not due one under these Terms and are therefore refused, and you subsequently file a claim with your payment provider stating that the goods/service was ‘not as described’ or ‘not delivered’ or something similar then we shall consider such a claim to be both (a) clearly untrue and (b) a clear attempt to bypass these Terms. Defending such a claim will incur time, cost and effort on our part. If we successfully defend your claim then we shall pass the cost thereof on to you as follows:
11.5. The following additional terms will also apply regarding cancellation and refunds:
12. Other Disclaimers
12.1. We are unable to guarantee that the Website will be compatible with your browser or that your access will be uninterrupted. Specifically, you may find browsers on ‘tablet’ computers to be particularly unreliable. In all cases where you encounter a problem accessing the Website and/or its Services from your browser it is your responsibility to find an alternative computer and/or browser.
12.2. The Website incorporates hyperlinks to other websites. We make no representations or endorsements and accept no responsibility for the content or use of any such external site accessed through ours. You acknowledge that we have no control over the content on external sites we may link to.12.3. It is your responsibility to enter your email address correctly when you use the Service and, should your email address change, to amend it in our database by logging in and selecting the appropriate Admin function. We will not be responsible for the failure of any communication from us to reach you as a result of you having incorrectly entered your email address or failed to keep it up to date, and we will charge an administration fee of £40.00 + VAT (‘the email address change fee’) for any administrative tasks or corrections that have to be carried out by us as a result of your failing to fulfil your aforesaid obligation to enter your email address correctly and keep it up to date in our database.
12.4. Except where expressly stated, all corrections and amendments to legal documents are your responsibility and must be carried out by logging back into the Service, working through the appropriate questionnaire, and re-generating new versions of your legal documents (which must then of course be downloaded, printed, signed and witnessed).
12.5. All documents produced by the Service use, where appropriate, phrases and clauses with decades of legal precedence. The wording of these phrases and clauses is to be regarded as fixed. For the avoidance of doubt, the Service will not permit you to change them. For the further avoidance of doubt, we shall not customise them for you, although we will provide a full explanatory document on request.
12.6. Except where expressly stated, all documents will be delivered in non-editable PDF format. Should you wish to edit the wording of your document outside of the sections that can be edited in the online questionnaire provided by the Service (for example, but not limited to, the ‘fixed phrases and clauses’ mentioned above), you must convert the document into a format suitable for editing (e.g. MS-Word) yourself. You then take on full responsibility for the consequences of any changes to the original document that you make, and for the avoidance of doubt we will neither check nor pass any comment on the resulting document.
12.7. Should we need to contact you on any matter more pressing that our normal communications (see 12.3 above) then we shall first email you at the email address that we hold in our database for you and then in some cases also write to you by Special Delivery or Registered Post or Recorded Delivery (or equivalent) at the postal address that we hold in our database for you.
It is your responsibility to keep both of these addresses up to date in our database and to ensure that you can receive and read (or have read to you) all communications sent to you by us via these routes. In particular:-
(a) Any communication sent by email by us to you at the email address that we hold in our database for you (i.e. the one entered by you either when you registered with us or when you placed your order) will be deemed by us to have been delivered to and read by you and;
(b) Any communication sent by Recorded Delivery (or equivalent) by us to you at the postal address that we hold in our database for you will be deemed by us to have been delivered to and read by you whether or not we receive a confirmation or proof of delivery.
If you fail to act on any communication from us to you which we have deemed to have been delivered to and read by you then we shall not in any way be liable for any consequences.
12.8. Except where expressly specified, the Service does not include the processing or the payment of costs and/or fees for execution, attestation, registration, probate application etc. You are responsible for all such processing of the legal documents and you are responsible for the payment of all such fees.
12.9. When you contact us via our online ‘Contact’ system, a conversation is initiated in our ‘Customer Response’ system and you are given the ‘URL’ of your ‘Conversation’ (‘the Conversation URL’) immediately you submit your message.
When we respond an email (‘the response email’) will be sent to the email address you entered when you initiated the conversation, telling you that we have responded and reminding you of the Conversation URL – i.e. where you can find our response.
We reserve the right to amend at any time the email address you entered when initiating the conversation if it has obviously been incorrectly entered (e.g. ‘jsmith@gmail.com’) or for any other reason and in that case the response email may be sent to the amended email address.
As there are clearly numerous reasons why you may not receive the response email (e.g. you entered your email address incorrectly, the response email arrives in your ‘Spam’ or ‘Junk’ mail folder and you fail to spot it, etc.) it is your responsibility to record the Conversation URL and to monitor it for our response.
12.10. A ‘FAQ’ page at our Website gives detailed instructions for how to use the Service including but not limited to how to receive responses to communications with us and how to download documents purchased from us if all else fails. It is your responsibility to locate and follow these instructions. We shall not be liable for any consequences of you not so doing.
12.11. Any offers such as (but not limited to) ‘free re-writes’ or ‘free checks’ made on the Website or in any communication sent by us to you shall not be contractual otherwise as specifically detailed in these Terms.
12.12. Each document produced by the Service comes with detailed instructions for where (if anywhere) to send it to after execution (e.g. LPAs should be sent to the OPG for registration, no document should ever be sent to our company office.
If you ignore these instructions and instead physically send (i.e. post, send by recorded delivery, etc.) any document to us at our company office then we shall give you 14 days to pay an administration and handling fee of £50 whereupon we shall return the documents to you by recorded delivery. If you fail to pay the £50 fee within the aforementioned 14 days then we reserve the right to destroy or otherwise dispose of the documents and not be liable for any consequences of us so doing.
12.13. As the delivery of documents purchased by you from the Service and transmitted by us to you via email is subject to elements beyond our control such as spam filters, you accept that any document purchased by you will be deemed to have been delivered if any of the following are true:
(a) The transmission of the email sent by us to you containing the document(s) has been recorded in our database or;
(b) A download link permitting successful download of the document(s) was provided after the processing of your payment and you clicking the ‘Generate Documents’ (or similarly-worded) button or;
(c) The procedure entitled ‘How do I get my documents’ (or similar) on the ‘FAQ’ (or similarly-worded) page at the Website allows access to a link or links permitting successful download of the document(s).
13. Member Privacy
13.1. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all member accessible activities that occur under your account. You agree to notify us immediately on becoming aware of any unauthorised use of your password or account or any other breach of security.
13.2. You agree that Medex Direct Ltd and its authorised employees and agents can access your account, including its contents as stated above, to respond to support queries or technical issues or to fulfil the obligations under these Terms. We reserve the right at all times to monitor, review, retain, and/or disclose in good faith any information if we believe that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of Medex Direct Ltd. or enforce the Terms.
13.3. Your personal details provided to us will not be sold or otherwise distributed to any third parties.
13.4. We process personal data in accordance with the UK GDPR and Data Protection Act 2018To learn more about how the Service deals with privacy then please see our Privacy Policy available via the ‘Data Security & Privacy’ link on the Website.
14. Service Suspension and Termination
14.1. You agree that Medex Direct Ltd., in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if Medex Direct Ltd. believes that you have violated or acted inconsistently with the letter or spirit of the Terms.
14.2. It may be necessary to suspend access to the Service for the purposes of maintenance or other reasons. Notice may or may not be given of suspension. Should we discontinue the Service we will use all reasonable endeavours to give fair notice of termination of access to the Service. Either sufficient notice will be provided to allow completion of purchased legal documents or refunds associated with such documents will be paid. Further you agree that Medex Direct Ltd. shall not be liable to you or any third party for any termination or suspension of access to the Service or modification of the Service.
14.3. You agree that Medex Direct Ltd., in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any information and content you have stored within the Service if you abuse any member of our staff either verbally or via email or via our online ‘Contact’ or ‘Customer Response’ system or by any other means or if you ‘spam’ (i.e. send repeated and repetitive messages to) our company either via email or via our online ‘Contact’ or ‘Customer Response’ system.
14.4. Should we cease to trade for any reason including the winding up of the company then these Terms and all of our obligations contained therein shall immediately cease as will access to the Website. Should such an event occur as a result of a decision taken by us then we shall inform you by email at least 60 days prior to the event using the email address for you held in our database at the time. It is your responsibility to ensure that you will receive and read the aforementioned email and it will also be your responsibility to take any action you deem necessary such as taking a copy of the details that you used to create your legal document(s) prior to our termination of access to the Website.
15. Impact of Invalidity
You understand and agree that if any provision of these Terms is judicially declared to be invalid, unenforceable or void, such declaration shall not have the effect of invalidating or voiding the remainder of these Terms, and the part or parts of these Terms so held to be invalid, unenforceable or void shall be deemed to have been deleted from these Terms, and the remainder of these Terms shall have the same force and effect as if such part or parts had never been included.
16. Governing Law
These Terms shall be governed in all respects by English law and both parties submit to the exclusive jurisdiction of the English Courts.
17. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to your use of this Website and its Services, and supersedes any previous agreement, inducements or understanding between you and us.
18. Variations to these Terms and Conditions of Use
We reserve the right to vary these Terms from time to time. Such variations will take effect immediately upon the posting of the varied Terms on the Website. In accepting these Terms, you are deemed to accept such variations.
