Terms and Conditions

WILLBYLAWYERS WEBSITE TERMS AND CONDITIONS

This website, www.willbulawyers.com.au (the “Willbylawyers Website”) is owned and operated by person operating from Australia (ABN 16892200938) (“Willbylawyers”, “we”, “our” or “us” as the context may require).

• Your Acceptance

• By using and/or visiting the Willbylawyers Website (collectively, including all content and functionality available through the Willbylawyers Website), you (“you” or “your” as the context may require) signify your agreement to (1) these Terms and Conditions, and (2) Willbylawyers’s Privacy Policy (the “Privacy Policy”), which can be found at www.willbylawyers.com.au/privacy-policy/.If you do not agree to any of these Terms and Conditions, or you are not satisfied with the Privacy Policy, you must exit this website immediately and not use the Willbylawyers Website or create a User Account (defined below).

• Willbylawyers may, in its sole discretion, modify or revise these Terms and Conditions, the Privacy Policy, or any of its other policies at any time without notification, and you agree to be bound by such modifications or revisions. Willbylawyers recommends periodically revisiting the Terms and Conditions to ensure you are kept up-to-date with any changes made. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.

• Willbylawyers is a technology platform designed to enable you to create your own will efficiently, quickly and cost-effectively, without a lawyer. You accept that Willbylawyers is not a law firm or a provider of any legal services, and is not in a position to offer any legal advice whatsoever. Legal services providers (law firms, lawyers, attorneys, solicitors, etc) are specially accredited and are subject to specific professional conduct requirements that apply when you have a relationship with one. Willbylawyers is not a legal services provider and, for the sake of clarity, our wills expert does not provide any legal review for any document. Furthermore, Willbylawyers does not offer financial, taxation or any other advice whatsoever. If you require legal advice you need to engage with a legal services provider separately. If you require financial or taxation advice, you need to engage an independent financial or taxation expert separately. By using the Willbylawyers Website you accept and acknowledge that no client-lawyer relationship will be established between yourself and Willbylawyers and you are aware that protections covered by any legal regulation (such as lawyer-client legal professional privilege) do not apply to any interaction you have with us. More information on this can be found at clause 5. If you would like a referral to a law firm to provide you with legal services, please let us know and we can discuss this with you.

• Terms and Conditions to apply to all users of the Willbylawyers Website

• These Terms and Conditions apply to all users of the Willbylawyers Website, including but not limited to users, customers, those who are viewing content or anyone who otherwise interacts with the Willbylawyers Website in any way.

• By using and/or visiting the Willbylawyers Website, you affirm that you are either 18 years of age or older, or if you are aged under 18, that you have the consent of a parent or guardian to these Terms and Conditions. If you are under the age of 18 years old you agree that you will not purchase any of our Services, including a will document (“Will”).

• Further to clause 2.2 above you also affirm that in your State/Territory you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

• User Accounts and general permissions when using the Willbylawyers Website

• You are required to create an account (“User Account”) before you can access certain parts of the Willbylawyers Website, or purchase any of our Services (defined below). Your User Account must have a unique username and password and you must keep each of these confidential at all times and not allow any third party or unauthorised person to use your User Account at any time.

• You must provide complete and accurate information when creating a User Account, and Willbylawyers may seek verification of the information provided by you at any time, subject to the Privacy Policy. You cannot use another person’s User Account and must immediately notify us of any unauthorised use of your User Account. You agree that you will not transfer, lease or sell your User Account without our express approval.

• You agree not to open or operate more than one (1) User Account. You must not activate or operate a User Account for anyone but yourself.

• Subject at all times to law, Willbylawyers reserves the right to co-operate with any legal order or direction or any regulatory request to disclose the identity or other information relating to a user, where it is apparent that information has been provided to us which violates any law, or where we are otherwise legally compelled to make such a disclosure.

• Willbylawyers hereby grants you permission to access and use the Willbylawyers Website as set forth in these Terms and Conditions, provided that:

• You agree not to distribute in any medium any part of the Willbylawyers Website without our prior written authorisation or otherwise as allowed under these Terms and Conditions.

• You agree not to access the Willbylawyers Website through any technology or means other than the pages of the Willbylawyers Website itself or other explicitly authorised means Willbylawyers may designate.

• You agree not to use the Willbylawyers Website for any prohibited commercial use, without our prior written authorisation. Prohibited commercial uses include any of the following actions taken without our express approval:

• sale of access to the Willbylawyers Website, including access to your User Account;
  • use of the Willbylawyers Website for the primary purpose of gaining advertising or subscription revenue;
  • the sale of advertising on the Willbylawyers Website or any third-party website; and
  • any use of the Willbylawyers Website that we find, in our sole discretion, to use Willbylawyers’s resources with the effect of competing with or displacing the market for Willbylawyers or our Services.

• You agree not to use or launch any automated system (including but not limited to “robots”, “bots”, “spiders” or “offline readers”), that accesses the Willbylawyers Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Furthermore, you agree not to collect or harvest any information, media or content from the Willbylawyers Website for any commercial solicitation purposes.

• You agree not to collect or harvest any personally identifiable information from the Willbylawyers Website for any commercial solicitation purposes or to solicit, for commercial purposes, any users of the Willbylawyers Website.

• You agree that you will not use your User Account to transmit any material which is indecent, defamatory, menacing, offensive obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, hateful, discriminatory or objectionable material with respect to race, religion, origin or gender.

• In your use of the Willbylawyers Website, you will otherwise comply with these Terms and Conditions or any reasonable requests of Willbylawyers, and all applicable local and national laws and regulations.

• Willbylawyers reserves the right to discontinue any aspect of the Willbylawyers Website at any time by the provision of reasonable notice.

• We retain the right and absolute discretion to terminate your User Account and/or access to the Willbylawyers Website (or any element thereof) if we believe that you are abusing or tampering with the Willbylawyers Website (or any element thereof) in any way, that you have provided false or misleading User Account information at any time, that you are in breach of these Terms and Conditions at any time, or that you have engaged in any unlawful or other misconduct calculated to jeopardise the safety of other users, or the proper administration of the Willbylawyers Site (or any element thereof). Willbylawyers’s legal rights to recover damages or other compensation from such an offender are reserved.

• Services

• Services are any product or service offered on the Willbylawyers Website, including (but not limited to) assisting with the creation, updating, revision and/or review of your Will (“Services”). We reserve the right to update or change the Services offered at any time.

• By purchasing any Service, you hereby represent and warrant that:

• you are 18 years of age or older;

• you have the legal capacity (i.e. both mentally and physically) to enter into a legally binding agreement;

• any agreement is entered into freely and voluntarily without any outside pressure;

• you understand the signing and witnessing requirements in relation to your Will;

• Services offered are only valid in Australia; and

• you have read and accept these Terms and Conditions.

• You agree and acknowledge that you are solely responsible for the accuracy of all information that is provided to us. For the avoidance of doubt, you agree and acknowledge that you are solely responsible for the content of your Will.

• You agree and acknowledge that by executing a Will created through Willbylawyers, any previous wills you may have made will no longer have any legal effect.

• You agree and acknowledge that you can only use our Services for your use and not for a third person. For clarity, you cannot use Willbylawyers to create a Will for a third party nor can you impersonate a third person in order to create a Will. You agree and acknowledge that Willbylawyers will not confirm or verify your identity whatsoever.

• You acknowledge that Willbylawyers has no responsibility to ensure that your Will is legally valid after it has been created. You understand that changes to the law (including the implementation of future legislation) may directly affect your Will.
  • You agree and acknowledge that your Will created through Willbylawyers will be reviewed by a wills expert who relies entirely on the accuracy of the information that is provided by you, including the names, addresses, age and relationships of any parties mentioned in your Will. Furthermore, any review of your Will is procedural in nature only and is not a legal review. If you require a legal review, it is your responsibility to seek independent legal advice from a qualified legal practitioner. Willbylawyers assumes no responsibility for incorrect information that is provided and will not review the feasibility of any instructions within your Will.

• We do not guarantee that your Will is legally valid, binding, complete or correct for all purposes and covers all relevant legislation in your State/Territory or that your Will is sufficient for your exact personal circumstances and financial situation. You agree that we do not accept any responsibility whatsoever if your Will is not legally enforceable to the full extent permitted by law. You understand that the only way to ensure your Will or any Service offered by Willbylawyers is legally correct is to seek independent legal advice from a registered legal practitioner. You agree that if you have complex estate requirements you will seek independent legal advice from a registered legal practitioner.

• Once you have purchased a Will, you will have the option to opt in to have access to the Services free of charge for a total of twelve (12) months from the date of purchase (the “Trial Period”). After the Trial Period concludes, you will be automatically moved to a recurring plan for twelve (12) months and we will automatically charge your credit card our standard fee (a “Subscription”) unless you cancel before the end of the Trial Period. During the Trial Period and your Subscription you can edit, modify and replace your Will an unlimited number of times for no extra charge and any changes to your Will shall be reviewed by our wills expert for no extra charge. If you do not have an active Trial Period or Subscription, you will only have access to your Will through the Willbylawyers Website but will not have access to any of our Services. For clarity, if you would like to have access to any of our Services (for example to edit, update, modify and/or replace your Will) without an active Trial Period or Subscription, you will be charged a fee.

• No Legal Services Or Legal Advice

• In addition to what is outlined above, you accept and acknowledge that Willbylawyers is a digital platform that enables us to provide you with Services, including your creation of your own Will. You accept that Willbylawyers is not a law firm or a provider of any legal services whatsoever. Willbylawyers is not associated with or registered with any legal regulator or law society throughout Australia. No interaction between you and Willbylawyers (including any of Willbylawyers’s officers, employees, directors, agents, consultants, licensors, partners or affiliates) will establish a legal practitioner-client relationship.

• By purchasing any Service offered by Willbylawyers, you acknowledge no client-lawyer relationship, legal practitioner-client relationship or client-solicitor relationship will be established. You acknowledge and are aware that protections covered by any legal regulation (such as lawyer-client privilege) do not apply to any interaction you have with us whatsoever.

• You accept and acknowledge that the wills expert who undertakes the review of your Will not be acting in the capacity of a lawyer and does not purport to provide you with legal services. Any and all opinions, correspondence and information provided by the wills expert is not legal advice and is general information only. You understand that the wills expert shall not be deemed to be undertaking legal services at any time.

• Payment

• Online payments can be made using Visa, Mastercard and some debit cards. We reserve the right not to accept credit cards issued by banks outside of Australia.

• If your payment is declined for any reason, your order will not be processed. We do not take any responsibility for any delays in processing your order because of a declined transaction.

• The price payable for any Service or Subscription is the price specified on the Willbylawyers Website at the time of placing your order. Prices displayed are subject to change at any time. All prices displayed in Australian dollars (AUD).

• All payments are non-refundable so please choose carefully. Nothing in this section affects your statutory rights as a consumer.

• Privacy

• We collect, use, hold and disclose your personal information in accordance with our Privacy Policy (available at www.willbylawyers.com.au/privacy-policy).

• In addition to the purposes of collection set out in our Privacy Policy, we collect personal information from you for the following purposes: to enable us to administer and provide Services; to allow you to access and use the Willbylawyers Website; to verify your identity; and to improve the Service.

• Intellectual Property

• Willbylawyers is the sole owner of all the copyright, trademarks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with the Willbylawyers Website unless otherwise specifically stated.

• By accessing the Willbylawyers Website, you agree that you will not republish, reproduce, copy, sell, modify or otherwise exploit (in full or in part) any material within the Willbylawyers Website without our express written consent.

• Warranty and Liability

YOU AGREE THAT YOUR USE OF THE WILLBYLAWYERS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WILLBYLAWYERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WILLBYLAWYERS WEBSITE AND YOUR USE THEREOF. WILLBYLAWYERS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WILLBYLAWYERS WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WILLBYLAWYERS WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WILLBYLAWYERS WEBSITE. WILLBYLAWYERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WILLBYLAWYERS WEBSITE AND WILLBYLAWYERS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES UNLESS OTHERWISE PROVIDED. AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WILLBYLAWYERS DOES NOT WARRANT THAT THE WILLBYLAWYERS WEBSITE, OR THE SERVERS ON WHICH THE WILLBYLAWYERS WEBSITE IS HOSTED, IS FREE OF SOFTWARE VIRUSES OR DEFECTS. ACCORDINGLY, WILLBYLAWYERS IS NOT LIABLE FOR ANY LOSS SUFFERED AS A RESULT OF ANY SUCH VIRUSES OR DEFECTS.

• Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WILLBYLAWYERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WILLBYLAWYERS WEBSITE OR RESULTING FROM THE INITIAL CREATION OF USER SUBMISSIONS, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WILLBYLAWYERS WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WILLBYLAWYERS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, WHERE CONDITIONS, WARRANTIES OR OTHER RIGHTS ARE IMPLIED IN THIS AGREEMENT OR OTHERWISE CONFERRED BY LAW, AND IT IS NOT LAWFUL OR POSSIBLE TO EXCLUDE THEM, THEN THOSE CONDITIONS, WARRANTIES OR OTHER RIGHTS WILL (BUT ONLY TO THE EXTENT REQUIRED BY LAW) APPLY TO THIS AGREEMENT. AT THE OPTION OF WILLBYLAWYERS, OUR LIABILITY FOR BREACH OF IMPLIED CONDITIONS OR WARRANTIES IS LIMITED, TO THE EXTENT PERMITTED BY LAW TO, IF THE BREACH RELATES TO GOODS, (I) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, (II) THE REPAIR OF THE GOODS, (III) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR (IV) THE PAYMENT OF HAVING THE GOODS REPAIRED AND, IF THE BREACH RELATES TO SERVICES, (I) THE SUPPLY OF THE SERVICES AGAIN; OR (II) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

YOU SPECIFICALLY ACKNOWLEDGE THAT WILLBYLAWYERS SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

• Indemnity

• You agree to defend, indemnify and hold harmless Willbylawyers, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Willbylawyers Website; (ii) your violation of any term of these Terms and Conditions; or (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Willbylawyers Website.

• Assignment

• These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Willbylawyers without restriction.

• General

• These Terms and Conditions, together with the Privacy Policy (at www.willbylawyers.com.au/privacy-policy) and any other legal notices published by Willbylawyers on the Willbylawyers Website, shall constitute the entire agreement between you and Willbylawyers concerning the Willbylawyers Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Willbylawyers’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Willbylawyers reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Willbylawyers Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.

• Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under similar consumer protection laws in the States and Territories of Australia.

• Willbylawyers will not be responsible if the Willbylawyers Website or the Services are unavailable due to, but not limited to, an act of God, pandemic, war, civil commotion strikes, lock-outs, governmental restrictions or other industrial action, fire, flood, explosion, delay in transit or any other cause beyond Willbylawyers’s reasonable control.

• You accept that the Willbylawyers Website and the Services and the entire contents of each are provided on an “as is” and “as available” basis without any warranties of any kind either expressed or implied, and all warranties are waived to the fullest extent permissible pursuant to applicable law.

• The Willbylawyers Website may contain links to other websites that are owned or operated by third parties whose sites and/or products Willbylawyers is not in control of and does not endorse. If you interact with these websites or third parties your do so at your own risk, subject to any terms or policies of those third parties.

• These Terms and Conditions and the transactions contemplated herein are governed by the law in force, in New South Wales, Australia. Users submit to the non-exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms