Welcome to the website of Safe Will Pty Ltd (ACN 631 790 273) trading as "Safewill" ("we", "us", “our” or “Safewill"), a smart digital solution for estate planning services.
Our website is located on the web via the domain https://safewill.com and includes all of the files located in that domain (“Site").
Safewill is not a law firm and does not provide legal advice. If you are unsure whether the Will or Power of Attorney document you create by using our Site or the Services we offer are right for you, please seek independent legal advice. Please refer to section 17 of these Terms.
By accessing this Site and/or purchasing your Will, Power of Attorney, and/or any other Services, you agree to be bound by:
collectively referred to as the “Terms".
These Terms constitute a binding agreement between you and Safewill and govern your use of this Site.
All defined words in these Terms have the meaning prescribed to them in these Terms or in the Definitions at the end of these Terms.
Please read these Terms carefully before accessing or using this Site. If you do not agree to or accept these Terms, please do not access this Site or use any of the Services or purchase a Will or Power of Attorney.
As part of these Terms, your use of this Site is also subject to our Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy is available to view by following the link in the Definitions at the end of these Terms.
We may, in our sole discretion, refuse to offer our Services including the creation of your Will or Power of Attorney via our Site to any person or entity and we may change our eligibility criteria at any time. The Will and Power of Attorney documents and Services we offer, and which are ordered and purchased by you, are for your use only and are not intended for the use or benefit of any third party.
If you are under 18 years of age, you cannot and must not place orders through this Site. By using this Site, you represent and warrant to Safewill that you are over the age of 18 years. Should Safewill suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the minor’s parents or guardians.
Your use of this Site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to Safewill at law or in equity, Safewill reserves the right to, without notice:
You indemnify and hold harmless Safewill and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and Consequential Loss or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
arising from the provision of the Services, your use of your Will or Power of Attorney and/or the enforceability of your Will or Power of Attorney.
A. Requirement for registration
Safewill reserves the right to make any parts of this Site accessible only to users who have registered an Account with us.
B. Username and Password
Upon registering with this Site, you will be required to create a username and password to access your Account. You are responsible for maintaining the security of your password for this Site. Safewill will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Safewill will be entitled to assume that any person using this Site with your username and password is you. You must notify Safewill immediately of any known or suspected unauthorised use of any password or any other breach of security.
C. User Information
In order to register an Account with this Site, you must agree to these Terms and provide Safewill with:
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to Safewill that all information provided to Safewill by you, including the information provided by you through our account registration process or entered into your Account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
D. Multiple Accounts & Automated Account Opening
One person may not maintain more than one account with this Site. Accounts registered by "bots" or other automated methods are not permitted.
E. Approval of Registration
Safewill reserves the right to accept or reject any application for registration of an Account with this Site at its discretion.
F. Data Storage
Safewill shall be entitled to securely and safely store your Account details on the data platform of its choosing.
Before registering an Account with us, or placing an order through our Site, you acknowledge and agree that:
and you are completely satisfied that the Services are suitable for your intended use.
You acknowledge and agree that:
A. Order constitutes offer
By placing an order through this Site, you make an irrevocable offer to Safewill to purchase your Will and the Services that you have selected pursuant to these Terms.
Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any products or services to you – however, Safewill will endeavour to supply the Services to you.
We will not commence processing any order made through this Site unless and until:
B. Alterations to Will during Subscription
You are able to access, update or modify your Will at any time via your Account while you continue to hold a Subscription with us, and subject to these Terms.
Any alterations that are made to your Will through your Account shall be limited to set fields as contained in our Site, for examples, the names of beneficiaries, executors, or assets. As part of your Subscription, you will be able to make unlimited changes to these fields, however you will not be able to modify or alter the main text of your Will.
C. Refusal of Orders
We reserve the right at our discretion to:
D. Acceptance of orders
Acceptance of your order for your Will, Power of Attorney or any other Services will take place when Safewill processes your order and payment is made. At this point in time, a contract will come into existence between you and Safewill.
E. Changes to orders and cancellation of Services (Subscription)
You acknowledge and agree that you shall not be entitled to cancel your order once accepted by us. In addition, if for whatever reason, you elect not to sign your Will or Power of Attorney once it has been purchased from our Site, you acknowledge and agree that you will not be refunded the purchase price of your Will or Power of Attorney (or both) as the case may be.
You may elect to opt out of your Subscription prior to the completion of the one-year free trial period by notifying us online through your Account. You must select the cancellation option via your Account confirming your decision to terminate your Subscription. Should you fail to notify us of your intention to opt out of the Subscription, such Subscription will automatically continue in perpetuity until we are subsequently notified via your Account, and you will not be entitled to a refund of any fee paid for that Subscription year.
If you have trouble opting out of your Subscription through your Account, feel free to contact us at support@safewill.com or via the details as referenced on our Contact Us page on our Site.
Regardless of whether you cancel the Services or not, you will be entitled to continued use of the Services for the remainder of the period you have paid for. Following expiration of that period, you will no longer receive the benefit of the Subscription, and in order to reactivate your Subscription or update your Will, you will be required to pay a re-joining fee of AUD $80.00 (but may be subject to change at any time by Safewill, as determined by Safewill in its absolute discretion). Such re-joining fee shall unlock the benefits of the Subscription for a further 12 months, including:
provided however, that in order for you to continue receiving the benefits referred to above, you will be required to pay the annual Subscription fee of AUD $15.00
F. Store Information and Unlocking Fee
You consent to Safewill holding and storing your:
until you request your account be deleted by Safewill. Thereafter, Safewill may, in its absolute discretion, continue to hold your Stored Information (in accordance with our Privacy Policy) or permanently delete your Stored Information without further notice to you or to the executor(s) of your Estate.
Safewill reserves the right to change the prices displayed on our Site at any time before you place an order. We will notify you in advance of any pricing changes that may affect future orders.
Where any discounts and/or offers are made available by Safewill from time to time, you shall be entitled to use such discounts/offers to purchase your Will or Power of Attorney in accordance with these Terms or as otherwise directed on our Site. Only one discount code can be used per transaction. Discounts may be applied to the cost of an individual Will or Power of Attorney only.
The total price for your Will, Power of Attorney and Services ordered by you are displayed on our Site. Your Will, Power of Attorney and the Services we offer will only become available for download and/or use once payment has been made in full and received by us.
The price paid for your Will includes the Subscription, which includes a one-year free trial period of the Services. Following expiration of that period, and then on each subsequent year thereafter, Safewill will automatically charge you an annual fee, which is indicated on our Site, and is currently AUD $15.00 (inclusive of GST), but may be subject to change at any time by Safewill, as determined by Safewill in its absolute discretion.
Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be inclusive of GST. For the purposes of these Terms, "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
A. Payment Methods
Payment for orders placed through this Site may be made by credit or debit card processed online using our secure third-party payment gateway, Stripe, Inc. (“Payment Gateway”) or via Afterpay. We are currently only accepting Visa and Mastercard as payment methods.
B. Payment Gateway
Safewill uses the Payment Gateway for its secure online payment transactions. Payments made through the Payment Gateway are subject to the Payment Gateway’s own terms and conditions and privacy policy in addition to these Terms and Conditions of Use. For more information about the Payment Gateway, see the Stripe, Inc. website (https://stripe.com/au).
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to the Payment Gateway, other than information that is required in order to process your order (e.g., your name, email address and billing/postal address).
Safewill does not accept any responsibility for any errors made by the Payment Gateway. By providing your credit or debit card details, you confirm that you are authorised to use that payment method, and you authorise Safewill, through the Payment Gateway to charge your payment method for the total amount of your order.
C. Credit and debit card payments
It is not necessary to have a Stripe account in order to make a purchase on this Site. Stripe accepts all major credit and debit cards. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
D. Expired Credit/Debit Cards
Our subscription software keeps track of your card expiry date. We will notify you by email if your card is expiring soon. Please log in to your Account and update your payment details with your new card as soon as possible to avoid payments being declined. If you fail to provide updated card details within 10 business days of being notified that your card has expired, Safewill reserves the right in its absolute discretion, to charge you a re-joining fee.
E. Declined Payment
If an order is declined for any reason by your payment provider, Safewill will send you an automated email notifying you of the unsuccessful transaction. You can either update your payment details or contact us to resolve the issue. We shall not be responsible for any delays to your order in the event that your credit or debit card is declined for any reason whatsoever and it is your responsibility to ensure your credit or debit card details are up to date.
F. Automatic Renewal
If you have selected the Safewill Subscription as part of your Will, we will automatically renew your Subscription and charge your credit/debit card the annual fee unless and until opt you out via your Account. Your non-termination or continued used of our Services reaffirms that Safewill is authorised to charge your credit or debit card in advance, in accordance with the Subscription.
G. Refunds and other remedies
Except as expressly provided otherwise in these Terms all amounts paid through this Site are non-refundable. Nothing in this section affects your statutory rights as a consumer.
Further information on the steps that Safewill will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies limited" in these Terms at section 18B below.
H. Security
While our Payment Gateway, our Site hosting providers, and any other third party providers employ secure technology for transactions with our users, we will not be responsible for any damages, including Consequential Loss (whether direct or indirect), that may be suffered by a customer whose credit or debit card, bank account information or personal information is used in a fraudulent or unauthorised manner by any person other than Safewill.
Safewill may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud and may be used to verify that you are in fact the person the subject of the Will or Power of Attorney that is being created.
If further information is requested and you do not provide the requested information within such time as Safewill considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
A. Content supplied by third parties
This Site at various points, allows third parties to advertise goods and/or services and to upload information and other content directly to this Site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:
B. Third party goods/services and websites
We do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this Site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this Site or third party advertisements, and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.
C. User acknowledgements
You acknowledge that Safewill does not:
D. Disputes between users and suppliers
You are solely responsible for your interactions with suppliers listed on this Site and Safewill is not a party to any transactions between you and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers.
If you believe that any supplier from which you have purchased any goods or services through this Site has failed to provide those goods or services to you, or that those goods or services did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that supplier if we consider it appropriate at our discretion to do so. Safewill will not, however, act on your behalf, or on behalf of any supplier, in respect of any dispute between you and a supplier.
A. Copyright
In these Terms, the term "Proprietary Content" means:
All Proprietary Content is the property of Safewill or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms or with the prior written consent of Safewill or other copyright owner (as applicable).
You may download and print out content, your Will and/or your Power of Attorney from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
B. Trademarks
Safewill’s logos and the phrases "Safewill" are trademarks of Safewill. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Safewill. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Safewill.
C. User Content
In these Terms, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This Site contains some features that enable you and other users to upload User Content. Safewill reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
D. Copyright claims
If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement.
In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
To the maximum extent permitted by law, the company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this site and any products and/or services purchased or obtained through this site, including any implied warranty/guarantee of merchantability, fitness for a particular purpose or non-infringement.
This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, Safewill and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
Nothing in this clause affects your statutory rights as a consumer.
A. Disclaimer
Safewill is a digital platform that enables users to prepare and generate their own Will and/or Power of Attorney documents online. Safewill is not a law firm and is not registered or regulated by the Law Society of New South Wales or any other law society or institute in any other State or Territory within Australia.
By creating your Will, your Power of Attorney and/or using our Services or visiting our Site, you acknowledge and agree that such use or visitation does not constitute or create a solicitor-client relationship between you and Safewill or any of its officers, employees, agents, consultants, licensors, partners and affiliates.
To the maximum extent permitted by law, Safewill does not accept any responsibility whatsoever to you if your Will, Power of Attorney, or the Services you have purchased via our Site are not legally correct or sufficient for your personal circumstances.
When you visit our Site, create an Account, prepare your Will or Power of Attorney, or use our Services, you acknowledge and agree that Safewill shall not accept any liability for confirming:
There may be changes in the future to laws and/or regulations that may affect your Will or Power of Attorney, resulting in the documents being out of date or obsolete. Safewill cannot guarantee that the Will or Power of Attorney that you prepare via Safewill will always be up to date, accurate and complete.
B. No Legal Advice
By creating your Will, your Power of Attorney and/or using our Services or visiting our Site, you acknowledge and agree that you have not obtained any legal advice whatsoever from Safewill, including its officers, employees, agents, consultants, licensors, partners and affiliates), and that you have conducted your own investigations to ensure that our Services meet your specific requirements.
If you are unsure of or unclear about the content of our Site, the creation of your Will, the creation of your Power of Attorney, or the use of our Services in any respect, you should seek independent legal advice from a qualified legal professional.
The information contained on our Site and within your Will and Power of Attorney document (together with any Guidance Notes, Signing Notes and Exclusions), is provided to assist you with the preparation of your Will and Power of Attorney and does not constitute the provision of legal advice. Such information is provided as general legal information only, and we strongly encourage you to seek independent legal advice from a qualified legal professional if you have any queries or concerns whatsoever, or you are simply unsure about anything contained in these documents. Safewill bears no liability for the provision of such information, or for the enforceability of your Will or Power of Attorney.
C. Safewill Will Review Process
As part of its quality assurance process, Safewill engages an Australian law firm (the Law Firm) to review each Will created and submitted on the Safewill Platform.
This review is procedural in nature, to ensure that the information input by the user into the Safewill Platform correctly corresponds to the questions being asked of the user throughout the digital flow.
In conducting the review, both Safewill and the Law Firm relies on the accuracy of the information provided by you. At no point during the review will Safewill or the Law Firm review or confirm the information submitted by you for accuracy. For example, Safewill or the Law Firm will not review or verify:
Additionally, the Law Firm will not consider your specific personal circumstances in conducting the Will review. The Law Firm is engaged by Safewill to provide quality control on the Safewill digital process and communications made by Safewill only. In using the Safewill platform, you acknowledge that there is no lawyer client relationship formed between you and the Law Firm.
Neither Safewill nor the Law Firm provides any opinion or advice whatsoever on the contents of your Will as it applies to your personal circumstances when conducting the review. The review will under no circumstances assess:
and you acknowledge and agree that you will be solely responsible for attending to and seeking advice on those matters if required.
D. Power of Attorney Process
Safewill does not conduct a review of the Power of Attorney document that you create via the Safewill Platform, and it does not engage any law firm to review any Power of Attorney documents created via the Safewill Platform to ensure those documents have been filled out correctly.
By creating your Power of Attorney using Safewill, you acknowledge that Safewill does not provide any opinion whatsoever on the content of your Power of Attorney, including the accuracy of any limitations, exclusions of wishes you choose to incorporate into your Power of Attorney and you acknowledge and agree that you will be solely responsible for those matters. If you are unsure about whether this document is appropriate for you and your circumstances, or you are unsure about the information you have included in your Power of Attorney, we recommend you seek independent legal advice.
Safewill may, in its absolute discretion, elect to review your Power of Attorney merely for the purposes of understanding and monitoring any issues with the digital process, and for quality assurance purposes. It may be that Safewill contacts you in relation to your Power of Attorney, to notify you of any issues discovered in the inputting process. You acknowledge that any such notification is procedural only, and does not constitute legal advice.
E. Power of Attorney Limitations
The medical and financial Power of Attorney documents that can be generated by you via the Safewill Platform are based on the government approved forms in each Australian state (the Standard Forms).
In digitising the Standard Forms for use by you on the Safewill platform, Safewill has limited or adjusted some of the functionality of the Standard Forms. By using the Safewill platform to generate your Power of Attorney you acknowledge:
and you hold Safewill harmless from any and all loss caused by the limitations in the functionality of the Power of Attorney documents.
For the purposes of these terms, the person making the Power of Attorney document shall be referred to as “you” or the “Appointor”. The person being appointed under the Power of Attorney document shall be referred to as the “Attorney”.
Financial Power of Attorney Limitations
In all States
NSW
ACT
QLD
Medical Power of Attorney Limitations
In all States
ACT
QLD
SA
WA
NT
As part of writing a Will, Safewill provides users with the option to arrange a phone conference with a specialist lawyer to discuss their estate planning (Legal Advice Service).
The Legal Advice Service is provided by Safewill Legal Pty Ltd ACN 648 090 297 (Safewill Legal). Safewill Legal is an affiliated but separate company to Safewill.
As part of this service, no lawyer client relationship will arise between you and Safewill. If you take up the service and attend your legal advice call, there will be a lawyer client relationship that arises between you and Safewill Legal.
Safewill Legal is an Incorporated Legal Practice for the purposes of the Legal Professional Uniform Law. As such, Safewill Legal is a law firm entitled to provide legal services.
The Legal Advice Service includes the following scope:
Telephone conference at a time selected by the user with a Solicitor employed by Safewill Legal (the Solicitor);
Legal Advice from the Solicitor about the information submitted by the user to the Safewill Platform (the Will Submission), as it relates to the user’s personal circumstances.
Amendments to the Will Submission to enable the Will to be finalised in accordance with the user’s instructions to the Solicitor, excluding the creation of any complex trust structures including a testamentary trust which will be quoted as an extra service.
The Legal Advice Service also includes a 100% Satisfaction Guarantee which is subject to the following terms between you and Safewill Legal:
At the end of the call, you are deemed to receive the legal advice and the quoted price is payable prior to you receiving your Will.
If you are not satisfied with your call, you must discuss these concerns with the lawyer on the call prior to the end of the call.
The concerns must be grounded in the quality of the advice received. The cost of the service in and of itself is not a valid complaint.
If you communicate your concern to Safewill Legal on the call, you will not be required to pay for the advice service and your Will shall be placed back into the normal review queue after which time it will be made available for you to download.
The Satisfaction Guarantee is subject to the principle of fair use and if after consultation with Safewill Legal we feel that you have utilised the legal advice service in bad faith, Safewill is entitled to suspend access to your account.
A. Exclusion of liability
To the maximum extent permitted by law, Safewill and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be Consequential Loss, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this Site by you or any other person.
B. Remedies limited
To the maximum extent permitted by law, Safewill and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the amount you have paid for your Will, Power of Attorney, and/or the Service.
C. Release
You agree that your use of this Site is at your own discretion and risk. You agree to release Safewill and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this Site by you or any other person. Safewill may plead this release as a bar and complete defence to any claims or proceedings.
D. Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Terms, Safewill excludes liability for any delay in performing any of its obligations under these Terms where such delay is caused by circumstances beyond the reasonable control of Safewill , and Safewill shall be entitled to a reasonable extension of time for the performance of such obligations.
While we will always strive to ensure our Site and the Services we provide are operational, there are times when there could be unexpected temporary interruptions, including by way of example, maintenance, dealing with technical issues, testing, and the addition of updates to reflect changes to the law or regulatory requirements.
Safewill, reserves the right, at any time to modify or discontinue, either temporarily or permanently, any functions and features of our Site and/or the Services, without any liability to you.
A. Referral Reward
By purchasing a Will using our Site, you may be eligible to receive a refund of $10.00 from the purchase price of your Will for each Referred Person that you introduce to Safewill and who purchases a Will using your referral code (“Referral Reward”). For example, if you refer three (3) Referred Persons to Safewill, each of whom purchase a Will using our Site, then subject to the eligibility criteria as set out below being satisfied in Safewill’s absolute discretion, you will receive a discount of $30.00 off your purchased Will. The Referral Reward is capped at $50.00.
B. Eligibility Criteria
To be eligible to earn the Referral Reward, you must, satisfy the following criteria:
For the avoidance of doubt, you may not earn the Referral Reward where either:
You have obtained a free Will; or
The Referred Person has obtained a free Will.
The Referral Reward will be processed by Safewill as a refund of $10.00 per Referred Person who is referred by you, and uses your generated Safewill code to check out of our Site.
If a Referred Person receives multiple codes, the Will writer whose code has been used by the Referred Person will be the party that receives the Referral Reward.
Safewill reserves the right to refuse to pay the Referral Reward in the event we decide that you have violated any of these Terms, or you do not act in good faith as determined by Safewill in its absolute discretion.
C. Additional Referral Reward Terms
Safewill reserves the right to modify, suspend or terminate the Referral Reward at any time and for any reason in our absolute discretion as deemed fair and appropriate.
The Referral Reward will be terminated, effective immediately, in the event that Safewill ceases to operate a smart digital solution for estate planning services.
A. Interpretation
In these Terms, the following rules of interpretation apply unless the context requires otherwise:
B. Notifications
Safewill may provide any notification for the purposes of these Terms by email.
C. Costs
Except as specifically provided in these Terms, each party must bear its own legal, accounting and other costs associated with these Terms.
In the event that you or your Estate is required at any time to provide information to a third party (including by way of a court order, or for mediation or arbitration purposes), and Safewill is required to assist in the provision of such information, you acknowledge and agree that Safewill shall be paid its reasonable costs and expenses incurred in assisting with the extraction and provision of such information to you or the executor(s) of your Estate.
D. Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without Safewill 's prior written consent.
Safewill may assign, transfer or sub-contract any of its rights or obligations under these Terms at any time without notice to you.
E. No waiver
Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Safewill to act with respect to a breach by you or others does not waive Safewill 's right to act with respect to that breach or any subsequent or similar breaches.
F. Severability
The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
G. Variation
Safewill reserves the right to:
Your continued usage of this Site will mean you accept those amendments.
We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the Services offered through this Site, including to suspend and/or cancel your Account in circumstances where, Safewill in its absolute discretion, determines that such suspension or cancellation is warranted.
You may only vary or amend these Terms by written agreement with Safewill.
H. Governing law and jurisdiction
These Terms will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
Safewill prides itself on providing an exceptional customer service and we are always looking to improve on the Services we offer. If you have any queries, concerns or you are unhappy with our Site and/or the Services provide, and you would like to contact us, please do so by writing to us at support@safewill.com. We will endeavour to respond to you as soon as reasonably practicable.
Account means your online account opened with Safewill via our Site for the purposes of using our Services and purchasing your Will and/or Power of Attorney.
Beneficiary means a person receiving a gift or portion of the Estate under a Will.
Business Day means a day (other than a Saturday, Sunday or public holiday) when banks in Sydney, New South Wales are open for business.
Consequential Loss means any loss, damage or expense recoverable at law:
and any costs or expenses incurred in connection with the foregoing.
Estate means all of your assets less all of your liabilities as at your date of death.
Exclusions means the exclusions located at https://safewill.com/guidance-notes
Guidance Notes means the guidance notes located at https://safewill.com/guidance-notes
Privacy Policy means the privacy Policy found on our Site located at https://safewill.com/privacy
Referral Reward has the meaning in section 20.
Referred Person means a friend, colleague or family member over the age of 18 years, who is referred to Safewill by any user who purchases a Will via our Site.
Power of Attorney means the financial and/or medical power of attorney document created by you via our Site, and which has been purchased by you.
Proprietary Content means has the meaning in section 15.
Services means the Safewill services provided on our site including
Subscription means a one (1) year free trial subscription of Safewill Site, which commences when payment for your Will has been received by us in full, and thereafter shall automatically continue on an on-going basis for an annual fee of AUD $15.00 charged on the first day immediately following the completion of the free trial period and then on each anniversary thereafter, and which features include:
User Content has the meaning in section 15.
Will means the will document created by you via our Site, and which has been purchased by you.
“you”, “your”, “yours”, “user” or “customer” means anyone who accesses our Site and creates an Account.
You must not:
Last updated: 3 September 2024
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