WILLIFY WEBSITE TERMS AND CONDITIONS OF USE

 

1.         About the Website

1.1       Welcome to http://www.willify.com.au (the ‘Website’)(Willify, Willify Pty Ltd, We, Us, Our). The Website provides digital Will writing services (the ‘Services’).

1.2       The Website is operated by Willify Pty Ltd (ACN 648 175 393). Access to and use of the Website, or any of its associated Products or Services, is provided by Willify Pty Ltd. Please read these terms and conditions (the ‘Terms’), together with our Privacy Policy, carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. The terms You, Yours and User are made in reference to the person or entity accessing the Willify Pty Ltd Website.

1.3       Willify Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

1.4       Willify Pty Ltd is not a law firm. Willify Pty Ltd is not providing you with legal  advice. Willify Pty Ltd encourages you to seek independent legal advice to determine if your use of the Willify Pty Ltd Website, and the creation of a digital Will, is right for you.

 

 

2.         Acceptance of the Terms

2.1       You acknowledge that you have read, understood and agree to be bound by the Website Terms and Conditions of Use, Privacy Policy and Exclusions. If you have any questions about either of these policies, please contact us at support@willify.com.au.

2.2       You may also accept the Terms by clicking to accept or agree to the Terms where this  option is made available to you by Willify Pty Ltd in the user interface. If you do not   accept the Terms, please cease usage of the Website and user interface immediately.

 

 

3.         Use of the Services

3.1       In order to access the Services, you must first create an account through the Website (‘the Account’) and pay the applicable fee for the selected Services (the ‘Service Fee’). 

 

Personal Information

3.2       As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to:

3.2.1   Email address;

3.2.2   Name;

3.2.3   Date of birth;

3.2.4   Mailing address;

3.2.5   Telephone number;

3.2.6   Billing information;

3.2.7   Account password;

3.3       You warrant that any information you give to Willify Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

 

Requirements to use the Services

3.4       You may not use the Services and may not accept the Terms if:

3.4.1   you are under the age of 18 years old;

3.4.2   you live outside of Australia;

3.4.3   you are physically or mentally incapable of using the Services;

3.4.4   you do not have the capacity to enter a legally binding agreement;

3.4.5   you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

3.5       By using the Services you warrant to Willify Pty Ltd that you are over the age of 18 years old, you live in Australia and that you have the legal capacity to enter a legally binding agreement. Willify Pty Ltd will seek to recover compensation from a minor’s parents or guardians, any loses or damages arising from a minor’s use of the Services.

3.6       By using the Services you warrant to Willify Pty Ltd that your Will is for your sole use only and is not intended to be distributed for the use or benefit of any third party.

3.7       By using the Services, you agree to only create one Account for your sole use. Automated Accounts are not permitted. Willify Pty Ltd reserves the right to reject any Account or User, in its sole discretion, for any reason.

3.8       By using the Services, you agree that Willify Pty Ltd reserves the right to vary or terminate the Services, Website or Content provided to you, or restrict access to the Website or Service, in its absolute discretion, without notice.

3.9       You should carefully consider the suitability of the Services to your circumstances if: you are contemplating marriage, have separated, are removing a beneficiary from your Will, have a large asset pool, have overseas assets, want to include a Trust, have intellectual property rights, or otherwise have a complex estate.

 

 

4.       Your obligations as a User

4.1       As a User of the Services, you agree to comply with the following:

4.1.1    you will use the Services only for purposes that are permitted by:

4.1.1.1 the Terms; and

4.1.1.2 any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

 4.1.2    you have the sole responsibility for protecting the confidentiality of   your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

4.1.3    any use of your registration information by any other person, or    third parties, is strictly prohibited. You agree to immediately notify Willify  Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;

4.1.4    access and use of the Website is limited, non-transferable and allows  for the sole use of the Website by you for the purposes of Willify Pty  Ltd providing the Services;

4.1.5    you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Willify Pty Ltd;

 4.1.6    you will not use the Services or Website for any illegal and/or                unauthorised use which includes collecting email addresses of                              Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

4.1.7    you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and  may result in termination of the Services. Appropriate legal action will be    taken by Willify Pty Ltd for any illegal or unauthorised use of the Website;    and

4.1.8    you acknowledge and agree that any automated use of the Website or its Services is prohibited.

 

 

5.       Service Fee and Optional Annual Subscription Fee

5.1       Once you have completed the registration process, you agree to be bound by the Terms of Website use.

 

Service Fee

5.2       By registering an Account and paying the Service Fee, you can create, access and make changes to your digital Will for the first year (‘Complimentary Subscription Period’). You must pay your Service Fee in full, and the Service Fee must be received by Willify Pty Ltd, before you can download your Will. At the expiry of the Complimentary Subscription Period, your access to your digital Will ceases.  

 

Optional Annual Subscription Fee

5.3       During the payment process for the Service Fee, you may opt into an optional ongoing subscription for Willify services, at a current cost of $17.00 AUD annually (the ‘Optional Annual Subscription Fee’). The Optional Annual Subscription Fee grants Users access to create and make changes to their digital Will for each additional year that their Optional Annual Subscription Fee is renewed. The first payment for the Optional Annual Subscription Fee is made at the expiry of the Complimentary Subscription Period, for Users whom have opted into the Optional Annual Subscription Fee.

5.4       Willify Pty Ltd will automatically renew your Optional Annual Subscription Fee by charging your payment method, on the anniversary of the payment of the Service Fee. You may opt out of the Optional Annual Subscription Fee at any time, prior to the automatic annual renewal payment being made from your payment method, via emailing support@willify.com.au.

5.5       By opting into the Optional Annual Subscription Fee, you acknowledge and agree that it is your responsibility to ensure that the Annual Subscription you elect to purchase is suitable for your use (the ‘Annual Subscription’).

5.6       If you have not opted into the Optional Annual Subscription Fee, you will only be  charged the initial Service Fee and will have access to create, access and make changes to your digital Will for one year only.

 

Change of Fee

5.7       Willify Pty Ltd reserves the right to review and change the Service Fee, Optional Annual Subscription Fee, or any other fee, at any time, by updating this page at its sole discretion. Any changes to the Fees take immediate effect from the date of their publication.       

 

6.       Payment

6.1       Where the option is given to you, you may make payment of the Service Fee (and Optional Annual Subscription Fee if you opted into the Optional Annual  Subscription) by way of:

            6.1.1    Credit Card Payment (‘Credit Card’);

            6.1.2    PayPal (‘PayPal’);

            6.1.3    Debit Card Payment;

 

Payment Processing Platform

6.2       All payments made in the course of your use of the Services are made using Stripe’s payment processing platform. In order to pay the Service Fee or Optional Annual Subscription Fee, you must provide accurate and complete information for a  valid payment method, such as a credit card, that you are authorised to use. You must promptly update your Account with any changes related to your payment method. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website   www.stripe.com.au.

6.3       You acknowledge and agree that where a request for the payment of the Service Fee (or Optional Annual Subscription Fee) is returned or denied, for whatever  reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Service Fee (or Optional Annual Subscription Fee). In addition, if your payment is returned or denied, you agree that Willify Pty Ltd is entitled to charge a new Service Fee, if you re-join the platform.

6.4       You agree and acknowledge that Willify Pty Ltd can vary the Service Fee and Optional Annual Subscription Fee at any time and that the varied Service Fee and Optional Annual Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

6.5       You agree to indemnify Willify Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Payment Processing Platform.

 

Good and Services Tax

6.6       In accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth), all Willify Pty Ltd fees, including but not limited to the Service Fee and Optional Annual Subscription Fee, are inclusive of Australian Goods and Services Tax, unless otherwise indicated;

 

 

7.       Refund Policy

7.1       Willify Pty Ltd will only provide you with a refund of the Service Fee or Optional Annual Subscription Fee in the event they are unable to continue to provide the Services or if the Director of Willify Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Service Fee or Optional Annual Subscription Fee that remains unused by the User (the ‘Refund’).

7.2       You agree and acknowledge that your Will is created when your Service Fee is received by Willify Pty Ltd. Willify Pty Ltd has supplied you with a complete service by producing your Will in PDF form. Refunds will not be provided to any User whom elects not to use their Will, or whom fails to sign, or execute, their Will.

 

 

8.       Privacy

8.1      Willify Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Willify Pty Ltd’s Privacy Policy, which is available on the Website.

8.2       Where such records have been maintained, Willify Pty Ltd will provide information we have stored in your account, to your Executor, for the sole purposes of distributing your estate, upon our receipt of your certified Death Certificate. Willify Pty Ltd reserves the right to charge an administrative fee, under these circumstances. 

 

 

9.       General Disclaimer

9.1       Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

9.2       Subject to this clause, and to the extent permitted by law:

9.2.1    all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded;

9.2.2    Willify Pty Ltd and its directors, officers, managers, employees, agents, associates or any affiliates will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, or business reputation, any loss of inheritance, bequeathment, legacy and any other intangible loss, your use of the Services or Website, your negligence or misconduct or breach of these Terms of Use or Website, your use of any third-party website, any claim made by any representative of your estate including any third parties, beneficiaries or other parties, in relation to the enforceability of your Will or any other claim, in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.2.3    No lawyer-client relationship is created by your use of the Website or Services. None of the information you supply is protected by lawyer- client privilege. Moreover, you are not provided with any legal advice during your use of the Website, Services, or communication from Willify Pty Ltd.  Willify Pty Ltd encourages you to seek independent legal advice pertaining to your estate planning needs;

9.2.4    Willify Pty Ltd and its directors, officers, managers, employees, agents, associates or any affiliates have not provided you with guarantees that your Will is to be enforceable in court, neither is your Will protected from challenge by your Estate or Beneficiary.

9.2.5    Use of the Website and the Services is at your own risk. Everything on the  Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind, matched to current legislative requirements. You should maintain your own knowledge regarding future developments in estate planning law, to ensure use of the Willify Pty Ltd Services is appropriate for you. There are pre-set fields in the User Interface in which the User can submit information. Other information contained within the Will is proforma and unable to be changed by the User. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Willify Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Willify Pty Ltd) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

9.2.5.1 failure to execute the Will correctly including failure to follow Will  signing, dating, witnessing and storage requirements, failure of  performance, error, omission, interruption, deletion, defect, failure to  correct defects, delay in operation or transmission, computer virus or  other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

9.2.5.2 the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

9.2.5.3 costs incurred as a result of you using the Website, the Services or any of the products of Willify Pty Ltd; and

9.2.5.4 the Services or operation in respect to third-party links which are  provided for your convenience.

9.2.6    By using the Services and correctly following the attestation and signing requirements, you agree and acknowledge that you will revoke all previous Wills and Testamentary dispositions and declare your Willify Pty Ltd Will to be your last Will and Testament.

 

 

10.     Limitation of liability

10.1     Willify Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

10.2     You expressly understand and agree that Willify Pty Ltd, its affiliates, directors, officers, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of inheritance, bequeathment, legacy and any other intangible loss.

10.3     Willify Pty Ltd’s liability is excluded for any delay in the provision of services, in circumstances outside of the control of the Willify Pty Ltd (‘Force Majeure’). 

 

 

11.     Termination of Contract

11.1     The Terms will continue to apply until terminated by either you or by Willify Pty Ltd as set out below.

11.2     If you want to terminate the Terms, you may do so by:

 Your notice should be sent, in writing, to Willify Pty Ltd via the ‘Contact Us’  link on our homepage.

11.2.1  providing Willify Pty Ltd with 14 days’ notice of your intention to terminate;  and

11.2.2  closing your Account for all of the services which you use, where Willify Pty Ltd has made this option available to you.

11.3     Willify Pty Ltd may at any time, terminate the Terms with you if:

11.3.1  you have breached any provision of the Terms or intend to breach any provision;

            11.3.2  Willify Pty Ltd is required to do so by law;

11.3.3  the provision of the Services to you by Willify Pty Ltd is, in the opinion of Willify Pty Ltd, no longer commercially viable.

11.4    Subject to local applicable laws, Willify Pty Ltd reserves the right to discontinue or cancel your Registration at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Willify Pty Ltd’s name or reputation or violates the rights of those of another party.

 

 

12.     Indemnity

12.1     You agree to indemnify Willify Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

12.1.1  all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Willify Pty Ltd Services, Content or Website;

12.1.2  any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so;

12.1.3  any breach of the Terms; and/or

12.1.4  any breach of security.

 

 

13.     Dispute Resolution

Compulsory

13.1     If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice

13.2     A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.

Resolution

13.3     On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

13.3.1  Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

13.3.2  If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Dispute Settlement Centre of Victoria, or his or her nominee;

13.3.3  The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

13.3.4  The mediation will be held in Melbourne Victoria, Australia.

Confidential:

13.4     All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:

13.5     If 90 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 

 

14.     Venue and Jurisdiction

14.1     The Services offered by Willify Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

 

15.     Governing Law

15.1     The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

16.     Independent Legal Advice

16.1     Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17.     Severance

17.1     If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

 

 

Approved by:

Willify Director

Date: 2 February 2021