By using the www.AustralianWills.com (hereinafter ‘AustralianWills’) website (hereinafter ‘the Site’ or ‘our Site’) or any AustralianWills product or service, you agree to follow and be bound by these terms and conditions (hereinafter ‘Terms & Conditions’) and agree to comply with all applicable laws and regulations.
In these Terms & Conditions, the words ‘you’ and ‘your’ refer to each Customer, Site visitor, or application user. The words ‘we’, ‘us’ and ‘our’ refer to AustralianWills, ‘Products’ refers to all products provided by us, and ‘Services’ refers to all services provided by us. Materials provided on this Site, including but not limited to documents, Last Will & Testaments, iWills, oziWills, data, guides, kits, information, content, resources, photographs, FAQs, graphics, videos, webcasts, publications, logos, icons, images, and sounds are hereinafter ‘Materials.’
It is your responsibility to review these Terms & Conditions periodically. If at any time you find these Terms & Conditions unacceptable to you or if you do not agree to these Terms & Conditions, please do not use this Site or its products or services. If you have any questions about these Terms & Conditions, please contact our Customer Care Team at CustomerCare@australianwills.com .
YOU AGREE THAT BY USING THE SITE AND/OR ANY OF ITS PRODUCTS AND SERVICES, YOU ARE AT LEAST 18 YEARS OF AGE OR THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT WITH AUSTRALIANWILLS.
AustralianWills is a web-based internet portal that can provide Customers and visitors a general understanding of testamentary law and provide simple-to-use e-solutions to help i) individuals who choose to prepare their own Last Will & Testament (hereinafter ‘iWill’ or ‘oziWill’) and ii) married couples (or de facto couple or civil partnerships) who wish to mirror or reflect one another’s intentions when creating their Last Wills & Testaments (hereinafter ‘Couples iWill’ or ‘Couples oziWill’). The term iWill shall hereinafter include the terms oziWill, Couples oziWill and/or Couples iWill unless explicitly stated otherwise. The Site includes general information on commonly encountered legal issues associated with creating a valid iWill or oziWill.
AustralianWills also provides a service where we draft your iWill for you based on the information you provide us. At no time do we review your answers for legal sufficiency; provide legal advice; draw legal conclusions, opinions or recommendations about your legal rights, options, remedies, defenses; or apply the law to the facts of your particular situation. AustralianWills is not a law firm and may not perform services performed by a lawyer/solicitor. AustralianWills and its services are not substitutes for the advice or services of a lawyer/solicitor.
AustralianWills always strives to keep its documents accurate and up-to-date. However, because Australian and American law changes so rapidly, AustralianWills cannot guarantee that all of the information on the Site nor its products and/or services are completely current. The law can be different from jurisdiction to jurisdiction (particularly when different countries are involved), and may be subject to interpretation by different courts in each land. Testamentary law is a personal matter, and no general information can fit every circumstance. Furthermore, neither the legal information nor the products or services contained on the Site are deemed to be legal advice. They are not guaranteed to be correct, complete or up to date. If you need legal advice for your specific problem or if your specific problem is too complex to be addressed by us, you should consult a licensed lawyer/solicitor in your area(s). Any reliance on the Services without consulting a lawyer/solicitor is at your own risk.
Our Site, products and services are not intended to create any attorney-client relationship, and your use of AustralianWills does not and will not create an attorney-client relationship between you and AustralianWills. Instead, you are and will be representing yourself in any legal matter you undertake through AustralianWill’s legal document service. However, from time to time, AustralianWills may introduce our Customers and visitors to solicitors/lawyers with expertise in specialised fields, but at no time is an attorney-client relationship fostered or created with AustralianWills through the performance of any such services.
A. Subsequent Revisions to Terms and Conditions and Pricing
These Terms & Conditions are effective August 28, 2015, and all previous Terms & Conditions are hereby cancelled. AustralianWills reserves the right to periodically revise, update or replace any portion of the terms of these Terms and Conditions. Updated revisions of the Terms and Conditions will appear on the Site and are effective immediately. You agree to be bound by any subsequent revisions to the Terms and Conditions. Accordingly, you are responsible for periodically reviewing the current Terms & Conditions. Your continued use of the Site after changes are made is an acceptance of such changes.
The prices for AustralianWills Services are subject to change without notice. AustralianWills reserves the right at any time to modify or discontinue the Service (or any part or content) without notice at any time. AustralianWills will not be liable to your or any third party for any modification, price change, suspension or discontinuance of service.
This Site and its products and services are owned and operated by AustralianWills, LLC. All rights, title and interest in and to the Materials provided on this Site are owned either by AustralianWills or by our respective third party vendors. Except as otherwise expressly provided by AustralianWills, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way; and nothing on this Site or on any applications shall be construed to confer any license under any of AustralianWills intellectual property rights, whether by implication, estoppel or otherwise.
AustralianWills does not lease, license, sell or otherwise provide any of the Materials other than those specifically identified as being provided by AustralianWills. Any rights not expressly granted herein are reserved solely by AustralianWills.
D. Limited License to Download & Use
If you have successfully completed the purchase of your single customer use iWill from AustralianWills, we grant you one limited, personal, non-exclusive, revocable, non-transferable license to use our Materials for your own personal, non-commercial use to create your own iWill and to update/edit your iWill. In this situation we also grant you permission to download, view, edit, copy, print and save the respective Materials on any single, stand-alone computer. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of our Materials in any manner except for modifications in filling out the Materials for you to create and edit your own iWill. Furthermore, you shall not remove any copyright notice from any of the Materials.
If you have successfully completed the purchase of a Couples iWill from AustralianWills for use by yourself and your spouse or de facto partner, we grant you one limited, personal, non-exclusive, revocable, non-transferable license to use our Materials for your joint personal, non-commercial use to create your own Couples iWill and to update/edit your Couples iWill. In this situation, we also grant you permission to download, view, edit, copy, print and save the respective Materials on any single, stand-alone computer. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of our Materials in any manner, except for modifications in filling out the Materials for you to create and edit your joint Couples iWill. Any other redistribution or use is strictly prohibited. Furthermore, you shall not remove any copyright notice from any of the Materials.
The aforementioned granted permissions are only provided that:
This permission terminates automatically without notice if you breach any of the terms or conditions in these Terms & Conditions. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorised use of any Materials contained on this Site may violate trademark, copyright and privacy laws and statutes.
E. Resale Prohibited
By ordering or downloading products or Materials from AustralianWills, you agree that they may only be used by you for your personal, non-commercial use to create your own iWill and to update your iWill and may not be sold or redistributed without the express written consent of AustralianWills. You agree that the products or Materials may not be used for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to copyright laws).
F. Your Documents
AustralianWills, LLC is not a law firm. The use of the Site is not a substitute for seeking legal advice. You agree that you are not relying on AustralianWills, LLC for any legal advice or information. You agree that any Materials completed by you are completed by you without a lawyer/solicitor or legal advice. If you require legal advice or information, it is agreed that you will obtain such legal advice or information. If you are uncertain as to whether legal advice or information is required, it is agreed that you will obtain such legal advice or information.
AustralianWills, LLC does not offer legal advice, and the Materials on the Site are not guaranteed to be correct. Although considerable effort has been made to ensure that the information on the Site is accurate and up to date, please be aware that state, territory, district and federal laws and procedures change and may be open to interpretation.
Although the information on our Site can be used to help in the creation of legally binding documents, we cannot guarantee that the results of using the Materials on the Site will result in the creation of legally binding documents, and individual circumstances vary. In addition, the successful execution of Materials on our Site requires you to: i) carefully read and understand the information provided; ii) execute as per the instructions provided; and iii) provide accurate information to us if we are preparing your draft iWill. If you have any doubts as to the validity or legal standing of documents created using the Content on the Web Site, we recommend that you consult an attorney licensed to practice law in your area.
The iWill that you create using the Site is yours, and it is your responsibility to ensure that it reflects your intentions. If you require a legal opinion about the effect of the iWill, you must have your iWill reviewed by an attorney in your State, Territory or District who specializes in Wills and Estate Planning.
G. Third Party Sites
Our Site and applications may contain links to websites controlled by parties other than AustralianWills (hereinafter a ‘Third Party Site’). AustralianWills works from time to time with a number of partners and affiliates whose websites are linked with AustralianWills. AustralianWills does provide links to other citations or resources with whom it is not affiliated. AustralianWills is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Third Party Site.
AustralianWills is not responsible for examining or evaluating the content or accuracy contained on a Third Party Site. AustralianWills does not accept, warrant, endorse or take any responsibility for the products, contents, services, availability, or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. AustralianWills makes no guarantees about the content or quality of the products or services provided by such sites. AustralianWills is not liable for any harm or damage related to the purchase or use of any goods, services, resources, content or any other transactions in connection with any Third Party Site. Complaints, claims, concerns and questions regarding any Third Party Site should be directed to the Third Party Site administrator.
H. Dispute Resolution by Binding Arbitration Or Small Claims Tribunal
Please read this carefully. It affects your rights.
AustralianWills, LLC believes that the needs of the Customer come first, and it is committed to resolving its Customers’ disputes in a fair, reasonable and efficient manner. Most Customer concerns can be resolved quickly and to the Customer’s satisfaction by contacting our Customer Care Team at CustomerCare@australianwills.com
In the very unlikely event that the Customer Care Team is unable to resolve your complaint to your satisfaction, you may notify us of your dispute by completing the ‘Notice of Dispute’ form in its entirety. You can obtain a copy of this form by clicking here. If after the Notice of Dispute process, should the matter of dispute still not be resolved to your satisfaction, then we will both proceed to resolve it through binding arbitration or in small claims as outlined below.
Binding Arbitration Agreement for United States Residents: For all Customers that reside in the United States, AustralianWills and you agree to arbitrate all disputes and claims before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to i) claims that arose before these or any prior Terms and ii) claims that may arise after the termination of these Terms.
You may begin arbitration by submitting a Demand for Arbitration to the American Arbitration Association. See www.adr.org to obtain more information on the American process.
This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, county or local agencies. Such agencies can, if the law allows, seek relief against AustralianWills on your behalf. You agree that, by entering into these Terms, you and AustralianWills are each waiving the right to a trial by jury or to participate in a class action.
Arbitration is generally a less formal approach than a lawsuit in court since it uses a neutral arbitrator instead of a judge or jury. It also allows for more limited discovery than a court does and is subject to very limited review by the courts. Any arbitration under these Terms will take place on an individual basis, which means that class arbitrations and class actions are not permitted. In arbitration you may recover your attorney’s fees from AustralianWills to the same extent or more as you would in court. If you are uncertain about this approach, you should speak with your lawyer/solicitor or legal professional before using this Site or completing any purchase with us.
Dispute Resolution for Australian Residents: In Australia you may contact the Australian Competition & Consumer Commission (ACCC) at www.accc.gov.au where staff members will help you understand your consumer rights and how you can begin the process with the state and territories small claims tribunal. You agree that, by entering into these Terms you and AustralianWills are each waiving the right to a trial by jury or to participate in a class action.
I. Governing Law
Any matters that are directly or indirectly not covered by the preceding section on ‘Dispute Resolutions by Binding Arbitration or Small Claims Tribunal’ shall be governed by and construed and enforced in accordance with the laws of the state of Wyoming and by the laws of the United States of America applicable in the State of Wyoming.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, AUSTRALIANWILLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF, OR INABILITY TO USE THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE.
AustralianWills, LLC makes no warranty that: i) the quality of any products, information, services or other material obtained or purchased by you through our site will meet your expectations; ii) the results that may be obtained from your use of the Site will be accurate or reliable; iii) the Site or the Materials will meet your requirements; or iv) the site of the Materials will always be available on an uninterrupted, secure or timely basis.
Not limited by the above, AustralianWills, LLC makes no representations about the accuracy, reliability, completeness or timeliness of the content or about the results to be obtained from using the Content or the Site. The Site may contain typographical errors or inaccuracies. Your use of the Site, including, without limitation, the Materials, services, documents or forms and information contained therein, is on an ‘as is’ and ‘as available’ basis and is at your own risk.
AustralianWills, LLC may make changes to its Materials at any time. Furthermore, AustralianWills, LLC is not responsible for any loss, liability, injury, claim or damage related to your use of the Materials on our Site or any other linked websites caused by our Site being down (i.e., not operational) or from any other use of our Site as any Materials you obtain through the use of the site is done at your own risk and at your own discretion. Furthermore, AustralianWills shall have no responsibility for any damage to your computer system/ mobile device or loss of data that results from the download of any software, Materials, content or information.
Notwithstanding all of the above, AustralianWills offers a 30-day satisfaction guarantee, the terms of which are available here.
K. Limitation of Liability and Indemnification
Except as prohibited by applicable law, you will hold AustralianWills and its respective officers, members, directors, shareholders, employees, contractors, accountants, attorneys, subsidiaries, agents, affiliates, interns, service providers, licensors or successors and assigns (collectively hereinafter ‘AustralianWills, LLC’) harmless for any injury, loss or claim either direct, indirect, incidental, special, punitive, or consequential damage of any kind, however it arises (including without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, legal fees or similar damages whether in contract, tort (including negligence), strict liability, or arising from use of service or any other claim related to your use of the Service including, but not limited to, errors or omissions in content, loss or damage of any kind from use) and all related expenses and costs of arbitration and litigation, or on appeal or at trial, if any, whether or not arbitration or litigation is instituted), whether in action of negligence, contract, or other tortuous action, or arising out of or in connection with this agreement, or arising out of, or connected with, your (i) use of the AustralianWills.com Site and/or (ii) any other subject matter of this Agreement, including without limitation any claim for property damage or personal injury, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if AustralianWills, LLC has been previously advised of the possibility of such damage.
You and your Estate, including heirs, successors and assigns, hereby agree to indemnify and save harmless AustralianWills, LLC from any and all claims and demands of any kind whatsoever arising from or in relation to any document completed or attempted to be completed from Materials on our Site (whether such document is properly or improperly signed) including any and all legal costs, awards or damages.
Except as prohibited by the governing law defined in these Terms & Conditions, if there is liability found on the part of AustralianWills, LLC, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be incidental damages, punitive damages or consequential damages. As some jurisdictions and states in Australia and the USA do not allow the limitation or exclusion of liability for punitive, incidental or consequential damages, in such states or jurisdictions liability shall be limited to the maximum extent permitted by law.
L. Unsolicited Submissions
Except as may be required in connection with the preparation of your iWill, AustralianWills, LLC does not want you to submit confidential or proprietary information to us through our Site. All comments, feedback, information or material submitted to AustralianWills, LLC through or in association with this Site shall be considered non-confidential and AustralianWills, LLC’s property.
By providing such information to AustralianWills, LLC, you hereby assign to AustralianWills, LLC, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. AustralianWills, LLC shall be free to disseminate and/or use such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the information that you provide, including reliability, originality, appropriateness, content and its legality.
M. Intellectual Property Law
When accessing our Site, you agree to obey the law and to respect the intellectual property rights of both AustralianWills, LLC and others. Your use of our Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership.
All Site design, graphics, text, and the selection, presentation and arrangement thereof are Copyright ©, AustralianWills, LLC. ALL RIGHTS RESERVED.
All downloaded documents, including iWills, oziWills, guides, forms, kits, graphics, pictures, and the selection and arrangement thereof are Copyright ©, AustralianWills, LLC. ALL RIGHTS RESERVED.
O. Right to Refuse
You acknowledge that AustralianWills, LLC reserves the right to refuse its service to anyone for any reason and may cancel Customer access at any time.
P. Use of Testimonials and Media Endorsements
The media and social media hosts on our Site endorse AustralianWills, LLC as paid spokespeople in our advertising campaign.
No failure on the part of AustralianWills to exercise any right under these Terms and Conditions will operate as a waiver of such right.
If any provision of these Terms and Conditions is invalid, unlawful or void for any reason, such invalidity will not affect any other provision of the Terms and Conditions. All other provisions will be enforceable to the fullest extent permitted by law and all unenforceable provisions will be severed from the Terms and Conditions.
Any ambiguities in the interpretation of the Terms and Conditions shall not be construed against AustralianWills.
Updated 28 August, 2015