Terms and Conditions
PLEASE READ THESE TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. If You continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Will’s Down Under’s (WDU’s) relationship with You in relation to your use of this website.
By using this website, You signify your acceptance of these terms and conditions of use.
Agreement between Wills Down Under Pty Ltd (WDU) of 8 Orbit Street, Beckenham in the state of Western Australia Postcode 6107 and “You”. (The Parties)
Recitals:
A. WDU writes Wills for individuals.
B. “You” are purchasing a Will from WDU in accordance with the following Terms & Conditions (T & C’s).
Terms & Conditions
1. You agree that even if You don’t proceed with purchasing a Will from WDU, by accessing this website that you are bound by all the Terms & Conditions outlined in this agreement.
2. You agree that WDU may change its Terms & Conditions occasionally and You agree that each time You access the WDU website that You will be bound by WDU’s T&C’s on that day.
3. You agree that all fees paid to WDU are non-refundable.
4. You agree that the cost/costs/price of a Will/Wills is/are the price/prices displayed on our website the day you purchase your Will/Wills.
5. You agree that all prices are in Australian Dollars (AUD).
6. You agree that upon paying your fee to WDU, within approximately 48 hours WDU will email you a questionnaire.
7. You agree that You have sixty (60) days to complete your questionnaire and return it to WDU or You will forfeit your right to receiving a Will from WDU and in accordance with Clause 3, WDU will retain Your fee.
8. You agree to completing Your questionnaire as a Word document with Your answers highlighted in “red”.
9. You agree that WDU will not accept hand written questionnaires.
10. You agree that on the date/time WDU receives your completed Questionnaire You will join a queue and Your Will will be produced in accordance with Your position in the queue.
11. You agree that WDU does not guarantee a date or time that Your Will will be produced in accordance with Your position in the queue.
12. You agree that WDU will send You a “draft” copy of Your completed Will and You are solely responsible to confirm to WDU that Your Will is correct, “as is”, at which time WDU will send You the final master.
13. You agree that if You purchase a Will from WDU that WDU will issue You with a non-exclusive, non-transferable Licence.
14. You agree that if You are in breach of any of the WDU T&C’s that WDU, at its sole discretion, can revoke Your licence, without notice.
15. You agree that Your non-exclusive, non-transferable Licence only entitles You to one (1) master copy of Your Will and allows You to make a maximum of four (4) copies.
16. You agree that WDU exclusively owns all the intellectual property (IP), copyright, trademarks in the WDU material/s and the WDU website.
17. You agree that You will NOT, under circumstances, allow any third party to copy the words in Your Wills Down Under Will to create their own Will.
18. You agree that You will never copy, publish, republish, lend, licence, sub-licence, give away or post to any website or any other electronic platform, any of the WDU material.
19. You agree that You will never reverse engineer any of the WDU material/s, code, or the WDU website.
20. You agree that WDU is NOT a Law Firm.
21. You agree that WDU will never provide You with legal advice.
22. You agree that any communications that WDU sends You, whether verbal or written, is NOT to be considered as legal advice.
23. You agree that if You require any legal advice regarding Your WDU Will that You will contact an independent Law Firm.
24. You agree that if You seek legal advice from an independent Law Firm that You are solely responsible for the costs of doing so.
25. You agree that You are solely responsible for determining whether the WDU Will is suitable for You and Your personal needs.
26. You agree that, except where prohibited by Law, that WDU is not responsible for any loss, injury, claim, liability, damage, or consequential damage suffered by You through Your purchase of a WDU Will.
27. You agree that, except where prohibited by law, to indemnify and hold WDU, its Directors, Officers & Employees, harmless against all actions, losses, injury, claim, liabilities, and expenses, including legal fees raised by any third party, damages, or consequential damages, that You might suffer through purchasing a WDU Will.
28. You agree that, except where prohibited by law, the maximum compensation that You can claim will be the cost of the goods or service that WDU provided You.
29. You agree that this agreement and this website are subject to the exclusive laws of Western Australia
30. LIMITATION OF LIABILITY: It is an essential pre-condition to You using our website that you agree and accept that WDU is not legally responsible for any loss or damage You might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes Your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any
information or materials on this website is entirely at Your own risk, for which we shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
31. COMPETITION AND CONSUMER ACT: For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), WDU’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to You again; the replacement of the goods; or the payment of the Goods or Services supplied to You again.
32. You must be over 18 years of age to use this website and to purchase any Goods or Services.
33. DELIVERY OF GOODS: All WDU Wills will be delivered digitally. Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so that we may try to assist You.
34. RETURNS AND REFUNDS: WDU handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Note all Contributions to WDU are non-refundable. Note all WDU Wills are non-returnable.
35. LINKS TO OTHER WEBSITES: WDU may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between WDU and the owners of those websites. WDU takes no responsibility for any of the content found on the linked websites. WDU’s website may contain information or advertisements provided by third parties for which WDU accepts no responsibility whatsoever for any information or advice provided to You directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
36. DISCLAIMER: To the fullest extent permitted by law, WDU absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. WDU gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is Your sole responsibility and not the responsibility of WDU to bear any and all costs of servicing, repairs, or correction. The applicable law in your state
or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to You but You must ensure You are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is Your responsibility to do so.
37. YOUR PRIVACY: At WDU, we are committed to protecting Your privacy. We use the information we collect about You to maximize the services that we provide to You. We respect the privacy and confidentiality of the information provided by You and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully. You may change Your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure email address and servers. WDU secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
38. THIRD PARTIES: We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to Your name, Your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that You provide to improve our website and services but not for any other purpose.
39. DISCLOSURE OF INFORMATION: WDU may be required, in certain circumstances, to disclose information in good faith and where WDU is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
40. EXCLUSION OF COMPETITORS: If You are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of WDU. WDU expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then WDU will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. WDU reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
41. COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE: This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular You are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website. WDU expressly reserves all copyright and trademark in all documents, information and materials on
our website and we reserve the right to take action against You if You breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: You may print or download to a local hard disk extracts for Your personal and non-commercial use only. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may You transmit it or store it in any other website or other form of electronic retrieval system.
42. WHOLE AGREEMENT: These terms and conditions represent the whole agreement between You and WDU concerning your use and access to WDU’s website and Your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
43. EXCLUSION OF UNENFORCEABLE TERMS: Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
44. JURISDICTION: This agreement and this website are subject to the laws of Western Australia and Australia. If there is a dispute between You and WDU that results in litigation then You agree to submit to the exclusive jurisdiction of the courts of Western Australia.