Terms of use
1. PURPOSE & APPLICATION
1.1. These Terms of Use apply to our Will Service and are incorporated into all Orders placed on the Website and all Tax Invoices issued through the Website.
1.2. You will be deemed to have accepted these Terms of Use when you use our Website and when you place an Order.
2. GOVERNING LAW & AUSTRALIAN CONSUMER LAW
2.1. These Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia and no provision is intended to exclude, restrict or modify rights which you have under the ACL or any other law.
2.2. If any provision of these Terms of Use is held illegal or unenforceable, then such illegality or unenforceability shall not affect the remaining provisions which shall remain in full force and effect.
3. YOUR WILL SERVICE
3.1. When you place an Order, you will be required to pay the Price upfront.
3.2. The Price is inclusive of GST.
3.3. Payment of the Price must be made by credit card on the Website. By providing credit card details, you authorise us to debit the nominated card an amount equivalent to the Price.
3.4. You acknowledge and agree that payment of the Price must be cleared before we provide you with Your Will.
3.5. Once you pay the Price, we will send you a copy of Your Will and then we will contact you to discuss Your Will. Following on from this contact, we will make any changes required to Your Will and then send you Your Will ready for execution. If more than one set of amendments is required on Your Will, we may increase the Price.
3.6. Any time stipulated for the supply of Your Will is an estimate only.
4. CANCELLATION
4.1. If you cancel an Order before we prepare the first copy of Your Will, we will refund the Price to you.
4.2. If you cancel an Order after we have prepared the first copy of Your Will or at any time prior to execution of Your Will, we will refund the Price but may, before doing so, deduct an amount representing the amount of work we have completed on Your Will.
4.3. If we believe that we will be unable to prepare Your Will within a reasonable time or at all due to circumstances beyond our reasonable control, we may, without penalty or liability, cancel the Order, in which case, we will refund you the Price.
5. INFORMATION ON THE WEBSITE
5.1. The information provided on the Website is of a general nature only and is not intended to be legal advice. The use of the Website alone does not create a solicitor-client relationship.
5.2. To the extent permitted by law, we make no warranty or representation about the accuracy, completeness or fitness for purpose of any content on the Website or that the Website is free from any viruses or defects.
5.3. You acknowledge that we cannot guarantee that any information you disclose on the Website is safe and you agree that we are not liable in any way for any unauthorised disclosure resulting from the disclosure of your information on the Website.
6. WARRANTIES
6.1. We warrant that the Will Service complies with the guarantees that apply compulsorily under the ACL.
6.2. To the extent permitted by law, all other guarantees, warranties, undertakings and representations expressed or implied, whether arising by statute or otherwise, which are not given in these Terms of Use are expressly excluded.
6.3. If you are a Consumer and the Will Service is not of a kind ordinarily acquired for personal, domestic or household use or consumption, you agree that our liability for a failure to comply with a consumer guarantee under the ACL in relation to that service is limited, at our option, to one or more of the following:
6.3.1. supplying the Will Service again; or
6.3.2. the payment of the cost of having a similar will prepared for you.
6.4. If you are not a Consumer, to the extent permitted by law, we will not be liable in any circumstances for any loss or damage (including indirect or Consequential Loss) to any property or person resulting from the provision or delay in provision of the Will Service.
7. LIMITATION OF LIABILITY
7.1. If you choose not to send the signed version of Your Will to us, we take no responsibility and will accept no liability for ensuring it is executed correctly or for ensuring it is stored safely.
7.2. Unless such liability cannot be excluded by virtue of the ACL or any other law, we will not be liable in any circumstances for any loss (including Consequential Loss) or damage to any person or property whatsoever arising from:
7.2.1. reliance on information on the Website;
7.2.2. a security breach on the Website;
7.2.3. your use of the Website or any of its content;
7.2.4. the Will Service or Your Will; or
7.2.5. any failure by you to supply correct information.
8. DISCLAIMER
8.1 The Your Will Service is only intended to be used for simple wills with no complex issues or arrangements. If you require a complex will or detailed advice before preparing your will, the Will Service is not suitable for you. Please contact us directly if this is the case.
9. LINKS TO OTHER WEBSITES
9.1. The Website may contain links to other websites for your convenience. You acknowledge and agree that we do not control or endorse any of those websites in any way and will not be liable to you for your reliance or otherwise on the content on such websites.
10. FORCE MAJEURE
10.1. Neither party will be liable for delay or failure to perform an obligation in these Terms of Use due to circumstances beyond their reasonable control or a Force Majeure Event.
10.2. Nothing in this clause will excuse payment of any money due or which becomes due under these Terms of Use.
11. VARIATIONS
11.1. We may amend these Terms of Use on our Website at any time for legitimate business reasons. By placing an Order, you agree the Term of Use, as amended.
12. INTELLECTUAL PROPERTY
12.1. All Intellectual Property in Your Will and on the Website is solely owned by us.
13. CONFIDENTIALITY
13.1. All information supplied between us and you will be treated as confidential except to the extent that it becomes public knowledge, and subject to clause 7.2.2, will not be disclosed to a third party without the prior written consent of the party who originally supplied the information, or as required by law.
14. PRIVACY AND USE OF INFORMATION
14.1. The information we collect from you will only be used and disclosed for the purpose of preparing Your Will. In certain circumstances, your information may be disclosed to the courts, the Law Institute of Victoria, our insurers, barristers and other lawyers. You have the right to access your personal information, subject to exceptions governed by privacy law. If you fail to provide us with any required personal information we may not be able to provide the Will Services. You can access our privacy policy via our website https://yourwill.online/privacy-policy or we will provide you with a copy on request.
15. DISPUTE
15.1. If a dispute arises under these Terms of Use, the parties will attempt to negotiate a resolution by good faith negotiations.
15.2. If a dispute persists for more than 14 days, either party can refer the dispute to mediation before a mediator to be appointed by the Australian Commercial Disputes Centre. The costs of such mediation will be shared by the parties equally.
16. WAIVER
16.1. A single or partial exercise or waiver of a right relating to these Terms of Use will not prevent any other exercise of that right or another right.
17. INTERPRETATION
Unless otherwise inconsistent with the context:
ACL means The Australian Consumer law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Consequential Loss means loss of revenue, profits or business opportunity and any form of consequential, special, indirect, punitive or exemplary loss or damages;
Consumer has the meaning prescribed to it in the ACL;
Force Majeure Event means any event or circumstances which is beyond the reasonable control of the effected party which results in or causes the failure of that party to perform any of its obligations under this Agreement;
Intellectual Property means all rights resulting from intellectual activity and includes copyright, inventions, patent rights, registered and unregistered trademarks, design rights, circuit layouts and all rights and interests of a like nature, including but not limited to methods and techniques, together with any documentation relating to such rights and interests;
Order means an order placed by you completing the will questionnaire on the Website for Your Will;
Price means the price specified on the Website for Your Will at the time you place an Order;
Tax Invoice means a tax invoice for payment of the Price;
Terms of Use means the Terms of Use set out in this document;
Website means www.yourwill.online
We/Us/Our means Harwood Andrews.
Will Service means our will service offered on the Website;
You means the person completing an Order on the Website;
Your Will means your will created by the Will Service.