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Online Will – Terms and Conditions

Disclaimer
State Trustees Limited (ABN 68 064 593 148) (State Trustees) has developed the Online Will as a service to allow the preparation of a will. The information given in the Online Will does not constitute legal advice, nor is it a substitute for legal advice. State Trustees has made every effort to ensure the information in the will is consistent with the laws of each State and Territory of Australia, however these laws may be subject to change from time to time so State Trustees does not make any warranty as to the accuracy, validity or enforceability of the Online Will or resultant will.

State Trustees accepts no responsibility for the manner in which any will is completed nor whether it will be valid upon completion, nor whether the will is appropriate, having regard to the particular circumstances which prevail. By providing this Online Will, State Trustees does not provide any legal advice, and will not review the will at any stage. To avoid doubt, the Online Will is unrelated to other State Trustees services and State Trustees will not store or retain any information provided except to the extent required for the use of the Online Will or as required by law.

In using the Online Will, you acknowledge that you are not receiving legal, financial or tax advice from State Trustees, and that State Trustees is not responsible for ensuring the accuracy of the information you provide in response to the questions asked in the fields provided. You also agree that you will read and follow the instructions contained in the Online Will while preparing the will. If you are unsure about whether this Online Will is suitable for your circumstances, it is highly recommended you seek the assistance of a legal or will writing professional.

By using the Online Will, you accept the following terms:
1. Terms of Use

  1. This Agreement is made between you and State Trustees Ltd (ABN 68 064 593 148) (State Trustees), regarding your use of the interactive online legal will (Online Will ). By accepting the terms of this Agreement, a binding agreement is made between you and State Trustees.
  2. State Trustees does not guarantee that the Online Will is free of errors or is up to date. The Online Will is provided “as is” and State Trustees does not warrant or guarantee the accuracy, availability or completeness of the information provided with the Online Will.
  3. To the extent permitted by law, State Trustees excludes all liability in contract, tort (including negligence) or otherwise, arising from or in connection with the use of the Online Will.

2. No Advice Provided

  1. The information provided with the Online Will should not be construed as the giving of advice or the making of a recommendation and in particular, should not be relied on as legal, financial or tax advice.
  2. State Trustees will not review the will generated by you using the Online Will and will not advise you as to the validity or its accuracy or appropriateness of the resulting will for your intentions or circumstances.
  3. You acknowledge that your use of the Online Will does not create a solicitor-client relationship between you and State Trustees. If you are unsure if the Online Will is appropriate for your circumstances, it is important that you seek the advice of a will or legal professional to advise you on your specific situation.

3. Accessing the Online Will and Payment

  1. You must complete payment before you will have access to the Online Will. Once payment is received, State Trustees will provide you with access to a temporary online account to commence preparation of the will.
  2. You are responsible for the protection of any login and password details provided by State Trustees, and are responsible for any consequences arising from their misuse or disclosure.

4. Restrictions on Your Use

  1. The Online Will is provided for your personal use only and is not to be used to prepare a will for anyone else.
  2. To the extent permissible under applicable law and except as expressly permitted under this Agreement, you must not, and must not allow any other person to:
    1. use the Online Will or the information or content disclosed to you via the Online Will in any way which is unlawful, offensive or results, or could result, in damage to property or injury to any person; or
    2. sub-license, disclose, resell, publish, transmit or otherwise make available to any third party any part of the Online Will; or
    3. knowingly transmit any virus, worm, Trojan horse or other disabling feature or malicious code to or via the Online Will; or
    4. modify, copy or create derivative works based on the Online Will or reverse engineer the Online Will (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, the Online Will or any data contained in it.

5. Changes to the Online Will

  1. State Trustees may, but is not obliged to, add to, remove, update or vary the Online Will ,or any functionality or information provided by the Online Will, at any time without notice to you. Once incorporated, these changes will form part of the Online Will.
  2. You agree that you enter into this Agreement without relying on any warranty, representation or comments concerning any future functionality or features of the Online Will.
  3. Your ability to use the Online Will is at all times subject to the availability of our infrastructure and data services. State Trustees accepts no responsibility for your inability to access and use the Online Will in circumstances where our infrastructure or data services are unavailable.

6. Intellectual Property

  1. Unless otherwise indicated, State Trustees owns, or uses under licence, copyright and other intellectual property rights in the content made available via the Online Will and the design of the Online Will. Except as set out in these terms, or as permitted by law, you must not reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of the Online Will, including for commercial purposes or for commercial gain.
  2. State Trustees grants you a non-exclusive, non-transferable, revocable licence to use the Online Will on any device that you own or control, in accordance with the terms of this Agreement.
  3. All trade marks, logos, images, product and company names referred to or made available via the Online Will are the property of State Trustees.
  4. State Trustees grants you a limited licence to copy and reproduce the will (including any draft and final wills) produced by use of the Online Will as required for the purposes of its review, execution, storage and retrieval.

7. Privacy

  1. In order to make full use of the Online Will , you will have to provide some of your personal information. State Trustees’ management of, and practices with respect to, collection, use and disclosure of personal information are set out in our Privacy Policy. State Trustees’ Privacy Policy forms part of this Agreement.
  2. If you have any questions in relation to privacy, please contact State Trustees by calling 1300 138 672.

8. Data and Personal Information

  1. You grant to State Trustees the right to use your data and personal information to enable your use of the Online Will . Any data and personal information you provide in using the Online Will will be only be used, accessed, disclosed and stored to the extent required to perform our obligations under this Agreement or as required by applicable law.
  2. State Trustees will take commercially reasonable steps to implement reasonable security measures to keep your data and personal information confidential and protected from unauthorised access and disclosure.
  3. If you include in the will 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 the Online Will is correct, accurate, up-to-date and complete.
  5. The Online Will will use the data and personal information to produce a draft version of your will, which you may review and amend as required, before producing a final version of your will.
  6. Once the Online Will has produced and sent you a final version of your will, all your data and personal information, including any draft wills and the final will, will be deleted from your Online Will account after 30 days. As a public office, State Trustees is required by law to keep a record of your account information and personal information (Records), but these Records will be securely archived and not be accessible on the Online Will platform or your account.

9. Final Version of the Will

  1. Each Online Will account will enable you to produce a final version of your will, which you, as account holder, will receive in a secure and locked format that cannot be further amended. You agree that any attempts to make, or making amendments, modifications or changes to the final version of the will are unauthorised uses of the Online Will.
  2. Unless you lodge the final will with State Trustees’ Victorian Will and Powers of Attorney Registry, State Trustees will not be aware of whether or not the final will has been executed. State Trustees is not responsible for contacting any executors under the will in the event of your death.

10. Warranties

  1. State Trustees takes due care and skill in providing the Online Will. Subject to your rights under law which cannot be excluded and to the fullest extent permitted by law, State Trustees excludes all conditions, warranties, representations, inducements or undertakings whether express, implied, statutory or otherwise in relation to the Online Will or the delivery of it, including but not limited to the following:
    1. State Trustees does not warrant or represent that any will generated by you using the Online Will will be accurate, valid, enforceable or appropriate for your circumstances, or that the Online Will will meet all of requirements or expectations;
    2. State Trustees does not warrant or represent that the Online Will, any information provided with the Online Will or your systems (including the internet and your device and its related software and downloading the Online Will) are complete, accurate, current or free from errors or omissions, programming bugs or viruses or secure or have full functionality; and
    3. the availability of the Online Will may be subject to numerous factors, including routine maintenance and factors outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, State Trustees does not warrant or represent that the availability of the Online Will will be continuous or uninterrupted, that any defects will be corrected, or that the Online Will or server that makes it available is free of viruses.
  2. You warrant that you have not relied on any representation made by State Trustees which has not been stated expressly in this Agreement, or upon any descriptions or specifications contained in any document including brochures, marketing and promotional materials produced by State Trustees.

11. Liability

  1. 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.
  2. Without limiting clause 11(a), State Trustees is not liable for any loss or damage that is caused by any unauthorised use of the Online Will or the final version of the will.
  3. Subject to clause 11(a) and to the maximum extent permitted by applicable law, State Trustees is not and will not be liable to you under contract, tort or otherwise in any circumstances for any indirect, economic, special or consequential loss or damage, or in any event for any loss of revenue, loss of production, loss of use, loss of profit, loss of anticipated savings, business interruption, loss of goodwill, loss of data or corrupted data. In any event, State Trustees’ aggregate liability to you on any basis and in any circumstances (including liability for negligence) arising out of or in connection with this Agreement, the Online Will or its use, in respect of all events that give rise to liability, will not exceed, and is expressly limited to, the total amount paid by you to State Trustees to use and access the Online Will.
  4. You must take reasonable steps to minimise the extent of any loss or damage you may suffer as a result of the provision of the Online Will.
  5. You are liable to State Trustees if you breach this Agreement 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:
    1. your breach of this Agreement;
    2. your, or any third party’s, reliance on your use of the Online Will or the final version of the will; and
    3. any unauthorised use of the Online Will, including, but not limited to, any changes, modifications or amendments to the final version of the will.

12. Suspension or Termination

  1. State Trustees may, in its sole discretion, suspend, terminate or limit your access to the Online Will at any time if:
    1. you are in material breach of this Agreement;
    2. it is required by any applicable law;
    3. if it is necessary for maintenance or repair of relevant equipment or systems; or
    4. if there are any other reasonable grounds.

13. Governing Law

  1. This Agreement is governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.

14. Miscellaneous

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

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