DigiSafe – Pilot Participation Terms

The Prepared Company Pty Ltd (ABN 90 643 555 711) trading as BePrepared (BePrepared) has developed, and provides to users (on a subscription basis), a secure online platform to manage and distribute a client’s digital assets after they die (referred to as DigiSafe). Under the terms of a separate agreement, BePrepared and State Trustees Limited ABN 68 064 593 148 (State Trustees) have agreed to conduct a limited pilot of DigiSafe (the Pilot). These DigiSafe – Pilot Participation Terms (Pilot Terms) set out the terms and conditions that you must comply with in your participation in the Pilot, including with respect to your access to and use of DigiSafe.

Your participation in the Pilot, and any access to and use of DigiSafe, is conditional on your acceptance and compliance with these Pilot Terms. By accessing and/or using DigiSafe, you accept and agree to comply with these Pilot Terms and any amendments to them. If you disagree with these Pilot Terms you are not authorised to use DigiSafe and/or to participate in the Pilot.

1. Pilot Terms

1. These Pilot Terms are made between you and State Trustees. By accepting these Pilot Terms, a binding agreement is made between you and State Trustees.
2. By agreeing to these Pilot Terms, you also accept and agree to comply with the terms of use for DigiSafe stipulated by BePrepared under its User Agreement (User Agreement). The User Agreement is a separate agreement between you and BePrepared and governs your access to, and use of, DigiSafe. The User Agreement can be downloaded here.

2. Terms of the Pilot

1. The Pilot is for the limited time period of four (4) months (Pilot Period), where access to DigiSafe will be provided to you via State Trustees.
2. You may terminate your access to and use of DigiSafe in accordance with section 9 of Part A of the User Agreement. Termination of the User Agreement will also result in termination of your participation in the Pilot.
3. The cost of your access to and use of DigiSafe will be covered by State Trustees. No costs will be passed on to you as a participant in the Pilot.
4. Any access to and use of DigiSafe by you beyond the Pilot Period is conditional on you agreeing to a separate agreement for that use. State Trustees will contact you via email, at the end of the third month of the Pilot, to confirm your wish to enter a new agreement beyond the Pilot Period. You may decline any new agreement.
5. These Pilot Terms will expire at the end of the Pilot Period, unless terminated earlier in accordance with section 8 below. Note that you must separately terminate the User Agreement in accordance with section 9 of Part A of the User Agreement.
6. Pilot participants who sign a new agreement following the Pilot Period will not incur any costs to use the BePrepared platform.

3. Conditions of Your Use of DigiSafe

1. State Trustees accepts no responsibility or liability for the manner in which you use, or the documents or data contained within, your DigiSafe. To avoid doubt, DigiSafe is owned and operated by BePrepared, and not by State Trustees.
2. You are responsible for the protection of any DigiSafe login and password details you create and are responsible for any consequences arising from their misuse or disclosure.
3. To the extent permissible under applicable law and except as expressly permitted under these Pilot Terms or the User Agreement, you must not, and must not allow any other person to:
   1. use DigiSafe or the information or content disclosed to you via DigiSafe in any way or for any purpose which is unlawful, offensive or results, or could result, in damage to property or injury to any person;
   2. sub-license, disclose, resell, publish, transmit or otherwise make available to any third party any part of DigiSafe;
   3. knowingly transmit any virus, worm, Trojan horse or other disabling feature or malicious code to or via DigiSafe;
   4. modify, copy or create derivative works based on DigiSafe or reverse engineer DigiSafe (except to the extent permitted by non-excludable laws); or
   5. attempt to gain unauthorised access to, or disrupt or bypass the security, integrity or performance of, DigiSafe or any data contained in it.

4. Privacy

1. State Trustees will not store or retain any information (including Personal Information) except to the extent required to register and communicate with you for the Pilot, for the use of your DigiSafe (that is, where you provide State Trustees with access to your information via DigiSafe) or as otherwise required by law.
2. State Trustees’ management of, and practices with respect to, collection, use and disclosure of any Personal Information, as defined in the Privacy Act 1988 (Cth), you provide to State Trustees are set out in our Privacy Policy. State Trustees’ Privacy Policy forms part of these Pilot Terms.
3. If you have any questions in relation to privacy, please contact State Trustees by calling 1300 138 672.

5. Data and Personal Information

1. Further to any rights set out in our Privacy Policy, you grant to State Trustees the right to use your information (including personal information) in instances where you have authorised State Trustees to become the recipient of this information.
2. Any information you share with State Trustees via DigiSafe will only be used, accessed, disclosed and stored to the extent required to perform our obligations under these Pilot Terms, or as required by applicable law.
3. If you include in your DigiSafe personal information of a person other than yourself, you represent and warrant to State Trustees that you have that person’s consent to do so.
4. It is your responsibility to ensure that any data or personal information you provide in using DigiSafe is correct, accurate, up-to-date and complete.
5. As a public office, State Trustees is required by law to keep a record of your account information. This does not include any documents or data uploaded or added to your DigiSafe account, unless you assign State Trustees to be a recipient of that information.

6. Warranties and disclaimers
The Pilot (inclusive of DigiSafe) is provided on an “as is” and “as available” basis. To the extent allowed by applicable law, State Trustees does not guarantee and disclaims all warranties whether written, oral, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. State Trustees does not guarantee or warrant, and expressly disclaims:

1. the accuracy, availability or completeness of the information provided with the DigiSafe platform;
2. that the use of DigiSafe will be timely, secure, uninterrupted, available or error-free or operate in combination with any other hardware, software, system or data; or
3. that your participation in the Pilot or use of DigiSafe will meet your particular requirements or expectations.

7. Liability

1. To the fullest extent allowed by applicable law, State Trustees will not be liable for any loss or damage whatsoever (including, without limitation, direct, indirect, incidental, special and/or consequential damages or lost profits) resulting from your participation in the Pilot, your use of, or access to, or your inability to use or access, DigiSafe, or the loss of or unauthorised access to any data you provide to BePrepared or otherwise store in DigiSafe.
2. To the extent permitted by law, where liability under any condition, guarantee or warranty cannot legally be excluded but can be validly limited, such liability is limited to in the case of goods, the replacement of the goods or the supply of equivalent goods; and in the case of services, the re-performance of the services or the payment of the cost of replacing the services.
3. You must take reasonable steps to minimise the extent of any loss or damage you may suffer as a result of the provision of DigiSafe.
4. You are liable to State Trustees if you breach these Pilot Terms or act negligently or fraudulently under the principles applied by the courts. You agree to indemnify State Trustees and its officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities caused by your breach of:
   1. these Pilot Terms; or
   2. the User Agreement.

8. Suspension or Termination
You acknowledge and agree that State Trustees may terminate these Pilot Terms (including your participation in the Pilot and access to and use of DigiSafe) at any time without notice for any reason, including, without limitation, if State Trustees believe that you have violated or acted inconsistently with these Pilot Terms and / or the User Agreement.

All disclaimers and limitations of liability by State Trustees (and any other provisions which by their nature should survive) will survive termination or expiry; however, you will no longer be authorised to access DigiSafe or participate in the Pilot.

State Trustees is not liable to you or any third party for any termination of your access to DigiSafe or participation in the Pilot.

9. Governing Law
Theses Pilot Terms are governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria.

10. Miscellaneous
If any provision of these Pilot Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Pilot Terms which will continue in full force and effect. All rights not expressly granted are reserved.