Terms of Use
Welcome to the New Zealand website of Safe Will Pty Ltd (ACN 631 790 273) trading as "Safewill" ("we", "us", “our” or “Safewill"), a smart digital solution for estate planning services.
Our website is located on the web via the domain https://safewill.com/nz and includes all of the files located in that domain (“Site").
Safewill is not a law firm and does not provide legal advice. If you are unsure whether the Will you create by using our Site or the Services we offer are right for you, please seek independent legal advice. Please refer to section 15 of these Terms.
1. Agreement to Terms
By accessing this Site and/or purchasing your Will and/or any other Services, you agree to be bound by:
these Terms of Use;
our Guidance Notes;
the Exclusions; and
our Privacy Policy;
collectively referred to as the “Terms".
These Terms constitute a binding agreement between you and Safewill and govern your use of this Site. All defined words in these Terms have the meaning prescribed to them in these Terms or in the Definitions at the end of these Terms. Please read these Terms carefully before accessing or using this Site. If you do not agree to or accept these Terms, please do not access this Site or use any of the Services or purchase a Will.
2. Privacy Policy
As part of these Terms, your use of this Site is also subject to our Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy is available to view by following the link in the Definitions at the end of these Terms.
3. Restrictions on Use
The Will document and Services we offer, and which are ordered and purchased by you, are for your use only and are not intended for the use or benefit of any third party.
4. Legal capacity to transact
If you are under 18 years of age, you cannot and must not place orders through this Site. By using this Site, you represent and warrant to Safewill that you are over the age of 18 years. Should Safewill suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the minor’s parents or guardians.
5. Prohibited conduct
Your use of this Site is subject to the rules set out in Schedule 1 below.
6. Registration and account security
A. Requirement for registration
Safewill reserves the right to make any parts of this Site accessible only to users who have registered an Account with us.
B. Username and Password
Upon registering with this Site, you will be required to use your personal email as your username and create password to access your Account . The email you use must not be shared with any other person. You are responsible for maintaining the security of the email that you used as your username and the password you created for this Site.
Safewill will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Safewill will be entitled to assume that any person using this Site with your username and password is you. You must notify Safewill immediately of any known or suspected unauthorised use of your email, any password or any other breach of security.
C. User Information
In order to register an Account with this Site, you must agree to these Terms and provide Safewill with:
Your personal valid email address;
your date of birth;
current, complete and accurate billing (if required) and contact information (including your valid residential address and the name and telephone number of your authorised billing contact and administrator); and
any other information that may be required by Safewill during the registration process.
You must promptly update this information to maintain its accuracy at all times.You represent and warrant to Safewill that all information provided to Safewill by you, including the information provided by you through our account registration process or entered into your Account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
D. Multiple Accounts & Automated Account Opening
One person may not maintain more than one account with this Site. Accounts registered by "bots" or other automated methods are not permitted.
E. Approval of Registration
Safewill reserves the right to accept or reject any application for registration of an Account with this Site at its discretion.
F. Data Storage
Safewill shall be entitled to securely and safely store your Account details on the data platform of its choosing.
7. Acknowledgments for Suitability
Before registering an Account with us, or placing an order through our Site, you acknowledge and agree that:
you meet all legal requirements to make a Will, including:
that you are 18 years of age or older;
that you are physically and mentally capable of making and ordering the Services from Safewill;
that you are capable of entering into a legally binding agreement;
you have reviewed the Services we offer;
you have reviewed these Terms; and
you are completely satisfied that the Services are suitable for your intended use.
8. Acknowledgements for Use of Service
You acknowledge and agree that:
you are solely responsible for the creation and content of your Will;
you are solely responsible for ensuring that your Will is properly executed by you in the presence of two independent adult witnesses;
in circumstances where you complete a Will through Safewill notwithstanding that you may live overseas or have overseas assets, Safewill shall bear no responsibility and assume no liability for the consequences of your actions and the potential ineffectiveness of your Will in respect to those assets;
if you create a Will via our Site and proceed to validly execute this Will, any New Zealand Will(s) that you have previously made will be revoked and will no longer have any legal effect or operation.
9. Orders
A. Order constitutes offer
By placing an order through this Site, you make an offer to Safewill to purchase your Will and the Services that you have selected pursuant to these Terms.
We will not accept or commence processing any order made through this Site unless and until:
payment for the order has been received by us in full; and
the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
B. Alterations to Will during Subscription
You are able to access, update or modify your Will at any time via your Account while you continue to hold a Subscription with us, and subject to these Terms.
Any alterations that are made to your Will through your Account shall be limited to set fields as contained in our Site, for example, the names of beneficiaries, executors, or assets. As part of your Subscription, you will be able to make unlimited changes to these fields, however you will not be able to modify or alter the main text of your Will.
D. Acceptance of orders
Acceptance of your order for your Will or any other Services will take place when Safewill processes your order and payment is made. At this point in time, a contract will come into existence between you and Safewill.
E. Changes to orders and cancellation of Services (Subscription)
You acknowledge and agree that you shall not be entitled to cancel your order once accepted by us. In addition, if for whatever reason, you elect not to sign your Will once it has been purchased from our Site, you acknowledge and agree that you will not be refunded the purchase price of your Will.
You may opt out of your Subscription at any time in accordance with clause 11F (Automatic Renewal). Should you fail to opt out prior to a renewal date, your Subscription will automatically renew and you will not be entitled to a refund of any fee paid for that Subscription year.
If you have trouble opting out of your Subscription through your Account, feel free to contact us at support@safewill.com or via the details as referenced on our Contact Us page on our Site.
Regardless of whether you cancel the Services or not, you will be entitled to continued use of the Services for the remainder of the period you have paid for. Following expiration of that period, you will no longer receive the benefit of the Subscription, and in order to reactivate your Subscription or update your Will, you will be required to pay a re-joining fee of $80.00 (including any applicable GST) (but may be subject to change at any time by Safewill, as determined by Safewill in its absolute discretion). Such re-joining fee shall unlock the benefits of the Subscription (as defined in section 22) for a further 12 months, provided however, that in order for you to continue receiving the benefits referred to above, you will be required to pay the annual Subscription fee of $15.00 (including any applicable GST (unless changed by safewill at its full discretion)
F. Store Information and Unlocking Fee
You consent to Safewill holding and storing your:
Will, including any incomplete drafts of your Will; and
any content, material or User Information provided by you in setting up and maintaining your Account (“Stored Information”);
until you request your account be deleted by Safewill. Thereafter, Safewill may, in its absolute discretion, continue to hold your Stored Information (in accordance with our Privacy Policy) or permanently delete your Stored Information without further notice to you or to the executor(s) of your Estate.
10. Prices and Discounts
Safewill reserves the right to change the prices displayed on our Site at any time before you place an order. We will notify you in advance of any pricing increases that may affect your future orders and renewals.
Where any discounts and/or offers are made available by Safewill from time to time, you shall be entitled to use such discounts/offers to purchase your Will in accordance with these Terms or as otherwise directed on our Site. Only one discount code can be used per transaction. Discounts may be applied to the cost of an individual Will only.
The total price for your Will and Services ordered by you are displayed on our Site. Your Will and the Services we offer will only become available for download and/or use once payment has been made in full and received by us.
The price paid for your Will includes the Subscription, which includes a one-year free trial period of the Services. Following expiration of that period, and then on each subsequent year thereafter, Safewill will automatically charge you an annual fee, which is indicated on our Site, and is currently $15.00 (inclusive of any applicable GST), and Safewill may change this annual fee from time to time. If we do so, we will notify you of the change by email at least 30 days before it takes effect, and you may opt out of the Subscription at any time before the change takes effect by notifying us online through your Account.
Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be inclusive of Good and Services Tax (GST).
11. Payment
A. Payment Methods
Payment for orders placed through this Site may be made by credit or debit card processed online using our secure third-party payment gateway, Stripe, Inc. (“Payment Gateway”) or via Afterpay. We are currently only accepting Visa and Mastercard as payment methods.
B. Payment Gateway
Safewill uses the Payment Gateway for its secure online payment transactions. Payments made through the Payment Gateway are subject to the Payment Gateway’s own terms and conditions and privacy policy in addition to these Terms and Conditions of Use. For more information about the Payment Gateway, see the Stripe, Inc. website (https://stripe.com/au).
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to the Payment Gateway, other than information that is required in order to process your order (e.g., your name, email address and billing/postal address).
Safewill does not accept any responsibility for any errors made by the Payment Gateway. By providing your credit or debit card details, you confirm that you are authorised to use that payment method, and you authorise Safewill, through the Payment Gateway to charge your payment method for the total amount of your order.
C. Credit and debit card payments
It is not necessary to have a Stripe account in order to make a purchase on this Site. Stripe accepts all major credit and debit cards. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
D. Expired Credit/Debit Cards
Our subscription software keeps track of your card expiry date. We will notify you by email if your card is expiring soon. Please log in to your Account and update your payment details with your new card as soon as possible to avoid payments being declined. If you fail to provide updated card details within 10 business days of being notified that your card has expired, Safewill reserves the right in its absolute discretion to charge you a re-joining fee.
E. Declined Payment
If an order is declined for any reason by your payment provider, Safewill will send you an automated email notifying you of the unsuccessful transaction. You can either update your payment details or contact us to resolve the issue. We shall not be responsible for any delays to your order in the event that your credit or debit card is declined for any reason whatsoever and it is your responsibility to ensure your credit or debit card details are up to date.
F. Automatic Renewal
If you have selected the Safewill Subscription as part of your Will, we will automatically renew your Subscription annually and charge your credit/debit card the annual fee unless and until opt you out via your Account. Your non-termination or continued use of our Services reaffirms that Safewill is authorised to charge your credit or debit card in advance, in accordance with the Subscription.
Before each renewal, we will send you a reminder by email to the address associated with your Account. We will send this reminder at least 30 days before the renewal date, and it will set out the renewal date and the amount we will charge. You may opt out at any time before the renewal date by logging in to your Account and selecting the cancellation option, or by emailing us at support@safewill.com.
G. Refunds and other remedies
Except as expressly provided otherwise in these Terms all amounts paid through this Site for Services already performed are non-refundable. Nothing in this section affects your statutory rights as a consumer.
Further information on the steps that Safewill will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Limitation of Liability” in these Terms at section 17B below.
H. Security
While our Payment Gateway, our Site hosting providers, and any other third party providers employ secure technology for transactions with our users, we will not be responsible for any damages, including Consequential Loss (whether direct or indirect), that may be suffered by a customer whose credit or debit card, bank account information or personal information is used in a fraudulent or unauthorised manner by any person other than Safewill.
Safewill may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud and may be used to verify that you are in fact the person the subject of the Will that is being created.
If further information is requested and you do not provide the requested information within such time as Safewill considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
12. Dealings with third parties
A. Content supplied by third parties
This Site at various points, allows third parties to advertise goods and/or services and to upload information and other content directly to this Site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:
any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
any loss or damage that results from any dealings that you may have with such third parties.
B. Third party goods/services and websites
We do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this Site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this Site or third party advertisements, and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.
C. User acknowledgements
You acknowledge that Safewill does not:
check the truth or currency of any of the material or information that third parties provide or make available through this Site;
control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in this Site or whose identities become known to you through this Site, including suppliers of content that is published or made available in or through this Site;
offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or
endorse or recommend any third party supplier or any third party goods or services, including where details of the relevant supplier are provided by Safewill to you or otherwise become known to you through this Site.
D. Disputes between users and suppliers
You are solely responsible for your interactions with suppliers listed on this Site and Safewill is not a party to any transactions between you and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers.
If you believe that any supplier from which you have purchased any goods or services through this Site has failed to provide those goods or services to you, or that those goods or services did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that supplier if we consider it appropriate at our discretion to do so. Safewill will not, however, act on your behalf, or on behalf of any supplier, in respect of any dispute between you and a supplier.
13. Intellectual property
A. Copyright
In these Terms, the term "Proprietary Content" means:
this Site;
all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and
all software, systems and other information owned or used by Safewill in connection with the products and services (including your Will,, the information you provide us when using the Services, and the Services) offered through this Site (whether hosted on the same server as this Site or otherwise).
All Proprietary Content is the property of Safewill or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms or with the prior written consent of Safewill or other copyright owner (as applicable).
You may download and print out content, your Will from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
B. Trademarks
Safewill’s logos and the phrases "Safewill" are trademarks of Safewill. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Safewill. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Safewill.
C. User Content
In these Terms, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This Site contains some features that enable you and other users to upload User Content. Safewill reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
represent and warranty to Safewill that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
grant to Safewill a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Safewill ’s absolute discretion.
D. Copyright claims
If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement.
In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
14. Disclaimer of warranties
We provide the Site, and all products and Services available through it, on an "as is" basis. Subject to your Consumer Law Rights, we do not make any other warranty, guarantee or representation about the Site or the Services, whether express or implied.
While we strive to always make the Site and the Services available to you, we do not promise that the Site or the Services will be available 100% of the time, or that they will be secure, timely, uninterrupted, error-free or free of viruses or other harmful components. The Site and the Services may be disrupted from time to time, for example due to maintenance, technical issues, testing, or updates required to reflect changes in the law or regulatory requirements, and we will try to give you reasonable notice of any disruption where possible.
We may modify or discontinue any function or feature of the Site and/or the Services, temporarily or permanently, at any time.
15. Disclaimer and No Legal Advice
A. Disclaimer
Safewill is a digital platform that enables users to prepare and generate their own Will documents online. Safewill is not a law firm and is not registered or regulated by the Law Society of New South Wales or any other law society or institute in any other State or Territory within Australia or New Zealand.
By creating your Will and/or using our Services or visiting our Site, you acknowledge and agree that such use or visitation does not constitute or create a solicitor-client relationship between you and Safewill or any of its officers, employees, agents, consultants, licensors, partners and affiliates.
To the maximum extent permitted by law, Safewill does not accept any responsibility whatsoever to you if your Will or the Services you have purchased via our Site are not legally correct or sufficient for your personal circumstances.
When you visit our Site, create an Account, prepare your Will or use our Services, you acknowledge and agree that Safewill shall not accept any liability for confirming:
your identity;
your mental and/or testamentary capacity;
whether you were subject to any undue influence and/or duress when visiting our Site, using our Services or signing your Will;
whether you were aware of, understood the content of, and approved your Will prior to signing; and
whether there are or might be any other parties (i.e. beneficiaries), who might have a claim against your estate.
There may be changes in the future to laws and/or regulations that may affect your Will, resulting in the documents being out of date or obsolete. Safewill cannot guarantee that the Will that you prepare via Safewill will always be up to date, accurate and complete.
B. No Legal Advice
By creating your Will and/or using our Services or visiting our Site, you acknowledge and agree that you have not obtained any legal advice whatsoever from Safewill, including its officers, employees, agents, consultants, licensors, partners and affiliates), and that you have conducted your own investigations to ensure that our Services meet your specific requirements.
If you are unsure of or unclear about the content of our Site, the creation of your Will or the use of our Services in any respect, you should seek independent legal advice from a qualified legal professional.
The information contained on our Site and within your Will (together with any Guidance Notes, Signing Notes and Exclusions), is provided to assist you with the preparation of your Will and does not constitute the provision of legal advice. Such information is provided as general legal information only, and we strongly encourage you to seek independent legal advice from a qualified legal professional if you have any queries or concerns whatsoever, or you are simply unsure about anything contained in these documents. Safewill bears no liability for the provision of such information, or for the enforceability of your Will.
C. Safewill Will Review Process
Every Will created on the Safewill Platform goes through a review before it is issued to you. This subsection explains what that review covers, what it does not cover, and what remains your responsibility.
What the review is
As part of its quality assurance process, Safewill engages Safewill Legal Pty Ltd (ACN 648 090 297) (the Review Firm), a related entity of Safewill, to conduct a procedural review of each Will created and submitted on the Safewill Platform. Safewill may change the law practice conducting the review at any time and from time to time, provided that the review is at all times conducted by an Australian law practice.
The review is procedural only. Its purpose is to check that the information you have entered correctly corresponds to the questions being asked of you throughout the digital flow.
The Review Firm is engaged by, and acts for, Safewill. It does not act for you. By using the Safewill Platform you acknowledge and agree that:
no lawyer-client relationship arises between you and the Review Firm;
the review is conducted for Safewill's internal quality control purposes; and
neither Safewill nor the Review Firm provides you with legal advice, or any opinion on the content, suitability or effect of your Will, at any stage of the review.
The review relies on information you provide
Safewill and the Review Firm rely entirely on the accuracy and completeness of the information you enter. Neither Safewill nor the Review Firm will check, verify or confirm:
the spelling or accuracy of any name, including your own;
the accuracy of any address or contact details;
the identity, age, existence, capacity or relationship to you of any person you name as an executor, guardian, beneficiary, attorney or otherwise;
the identity, registration status or continued existence of any charity or organisation you name;
the nature of your personal or family arrangements, including whether any person who might expect to be provided for has been included or omitted;
the existence, ownership, description, value or location of any asset, including real property, life insurance, business interests or personal items;
the existence, terms, ownership or control of any company, trust or other structure; or
whether an entry you have made in one part of the flow is consistent with your intentions as expressed elsewhere.
You are solely responsible for the accuracy and completeness of the information you provide, for entering it into the correct fields, and for correcting any error. If information is entered incorrectly, in the wrong place, or in a way that was not intended by the Safewill Platform, your Will may not operate as you expect and a gift may fail.
You must read your Will before you sign it
Your Will is a legal document that takes effect after your death, when you are no longer able to explain what you meant. You must read the entire document carefully before signing it, and satisfy yourself that it reflects your intentions, particularly:
who receives each specific gift, and who receives the balance (residue) of your Estate;
what happens if a beneficiary dies before you, or does not survive you by the required period;
the order in which your Estate passes; and
the appointment of your executors, substitute executors and any guardians.
By signing your Will, you confirm that you have read and understood it and that it records your intentions. Neither Safewill nor the Review Firm is responsible for your Will distributing your Estate other than as you intended where the document itself accurately reflects the information you entered on your Safewill account.
Assets that may not pass under your Will
A Will deals only with assets that you own personally and that form part of your Estate. Some assets pass outside your Will and are not affected by it. These commonly include:
Any superannuation in Australia (including any insurance held within superannuation), which is dealt with by the fund trustee and may be governed by a death benefit nomination;
life insurance held outside your Estate and payable to a nominated beneficiary;
property owned as joint tenants, which generally passes automatically to the surviving owner;
assets held by a family trust, self managed superannuation fund, company or other structure, which are owned by that structure and not by you personally; and
assets located outside New Zealand, which may be governed by the law of the place where they are held.
Neither Safewill nor the Review Firm will identify which of your assets fall outside your Estate, review the ownership structure of any asset, or review or update any death benefit nomination, beneficiary nomination or trust deed. If you attempt to gift an asset that does not form part of your Estate, that gift may have no effect and the remainder of your Will may be affected.
Changes in your circumstances
Your Will reflects your circumstances at the time you make it. Events after that date may change or invalidate it. For example, and depending on the law of your State or Territory:
marriage or entering a registered relationship may revoke your Will, unless it was made in contemplation of that event;
divorce, or the ending of a registered relationship, may revoke gifts to, or the appointment of, your former partner;
separation, the birth or adoption of a child, the death of a beneficiary or executor, the acquisition or sale of significant assets, or moving to another country may mean your Will no longer reflects your intentions; and
changes in legislation may affect how your Will operates.
Safewill does not monitor your circumstances and is not responsible for reviewing, updating or reminding you to update your Will. You are solely responsible for reviewing your Will after any significant life event and for making any changes required. Your Subscription if kept active allows you to update your Will at any time in accordance.
Capacity, understanding and freedom from influence
Safewill is a self service digital platform. Neither Safewill nor the Review Firm meets you, and neither is able to assess, and neither undertakes to assess, your capacity, your understanding of your Will, or whether you are acting freely.
By creating, submitting and signing a Will using the Safewill Platform, you represent and warrant that:
you are 18 years of age or older;
you understand the nature and effect of making a Will, the extent of your Estate, and the people who may have a claim on it;
you are making your Will freely and voluntarily, and are not acting under duress, pressure or the undue influence of any other person;
the instructions recorded in your Will are your own; and
if any person has assisted you in using the Safewill Platform, they did so at your direction and did not influence the content of your Will.
You must not create, complete or submit a Will on the Safewill Platform on behalf of another person, or hold an Account in another person's name. If you have any concern about your own capacity, or you are assisting someone who may be unwell, medicated, frail or in a palliative setting, please contact our support team.
Signing witnessing and storage
Once your Will has been issued to you, the Will cover page explains the signing requirements. You are solely responsible for following the signing requirements to ensure your Will is validly signed.
Neither Safewill nor the Review Firm reviews your signed Will, and neither checks whether your Will has been printed, signed, witnessed, dated or stored correctly. Your Will may fail because it is not printed and signed, because it is witnessed by the wrong people (including a beneficiary or a beneficiary's spouse), because the witnesses are not present together, because the document is altered after signing, or because the signed original cannot be located after death. Safewill accepts no liability for your Will in circumstances where you do not sign it properly.
17. Limitation of liability
Australian Consumer Law
Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations or equivalent laws in New Zealand, may confer on you rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you have Consumer Law Rights at law, nothing in these Terms excludes those Consumer Law Rights.
Subject to your Consumer Law Rights, we provide the Site, and all material, products and Services (including your Will ), to you without conditions or warranties of any kind, implied or otherwise, whether by statute, at law or on any other basis, except where expressly set out in these Terms.
This clause survives the termination or expiry of these Terms.
Limitation of Liability
Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:
(a) neither party will be liable for Consequential Loss;
(b) a party's liability for any loss, cost, expense, claim or damage under these Terms will be reduced proportionately to the extent it was caused or contributed to by the acts or omissions of the other party (or, in the case of Safewill, its officers, employees, agents, consultants, licensors, partners or affiliates), including any failure by that other party to mitigate its loss; and
(c) the aggregate liability of Safewill and its officers, employees, agents, consultants, licensors, partners and affiliates for any liability arising from or in connection with these Terms will be limited to the amount you have paid for your Will and/or the Service to which the liability relates.
D. Indemnity
You indemnify Safewill against any loss, liability, cost or expense (including reasonable legal costs) that Safewill suffers, incurs or becomes liable for arising from a claim brought against Safewill by a third party (including an executor, a Beneficiary or a potential beneficiary) in connection with the adequacy, validity or enforceability of any legal document created through your use of the Services (including your Will), except to the extent caused by Safewill’s own negligence, breach of these Terms, or wilful misconduct.
This indemnity binds your Estate and is enforceable against your Estate following your death, to the extent of the assets comprised in your Estate.
This clause 17D is not subject to, and is not limited by, clause 17B (Limitation of Liability). This clause 17D survives termination or expiry of these Terms.
C. Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Terms, neither party will be liable for any delay in performing any of its obligations under these Terms where such delay is caused by circumstances beyond that party’s reasonable control, and that party shall be entitled to a reasonable extension of time for the performance of such obligations.
18. Termination
Safewill may suspend or terminate your access to this Site, your Account and/or the Services by giving you written notice if you breach these Terms and you do not remedy that breach within 10 Business Days of us notifying you of it.
You may terminate these Terms at any time by closing your Account or notifying us at support@safewill.com.
Termination of these Terms will not affect any rights or liabilities that you or we have accrued before termination.
19. General
A. Interpretation
In these Terms, the following rules of interpretation apply unless the context requires otherwise:
headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;
where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
a reference to a document (including these Terms) is a reference to that document (including any schedules and annexures) as amended, consolidated, supplemented, novated or replaced;
an expression importing a natural person includes any individual, corporation or other body corporate, partnership, trust or association and any governmental agency and that person's personal representatives, successors, permitted assigns, substitutes, executors and administrators;
a reference to writing includes any communication sent by post, facsimile or email;
a reference to time refers to time in Sydney, Australia,, and time is of the essence;
all monetary amounts are in New Zealand currency;
the word “month” means calendar month and the word “year” means 12 calendar months;
the meaning of general words is not limited by specific examples introduced by “include”, “includes”, "including", "for example", "in particular", “such as” or similar expressions;
a reference to a “party” is a reference to a party to these Terms, and a reference to a “third party” is a reference to a person that is not a party to these Terms;
a reference to any thing is a reference to the whole and each part of it;
a reference to a group of persons is a reference to all of them collectively and to each of them individually;
words in the singular include the plural and vice versa; and
a reference to one gender includes a reference to the other genders.
B. Notifications
Safewill may provide any notification for the purposes of these Terms by email.
C. Costs
Except as specifically provided in these Terms, each party must bear its own legal, accounting and other costs associated with these Terms.
In the event that you or your Estate is required at any time to provide information to a third party (including by way of a court order, or for mediation or arbitration purposes), and Safewill is required to assist in the provision of such information, you acknowledge and agree that Safewill shall be paid its reasonable costs and expenses incurred in assisting with the extraction and provision of such information to you or the executor(s) of your Estate.
D. Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without Safewill 's prior written consent. We may assign or novate these Terms to a related body corporate of Safewill, or to an entity that acquires or takes over Safewill's business, by giving notice to you. Otherwise, we may assign or novate these Terms to any other party with your prior written consent.
E. No waiver
Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Safewill to act with respect to a breach by you or others does not waive Safewill 's right to act with respect to that breach or any subsequent or similar breaches.
F. Severability
The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
G. Variation
We may amend these Terms, and any other policy or information on this Site, by giving you notice and publishing the updated Terms, but only if the amendment is not materially detrimental to you. We may make any other amendment (including a change that is materially detrimental to you) only with your prior consent.
We may also make changes to the Services and the Subscription, including the Subscription fee, and updates to reflect changes in relevant laws or regulatory requirements, or to implement improvements or technical adjustments, provided that any change to the Subscription fee is notified to you in advance and you may opt out before it takes effect.
Notice of changes will generally be given by email to the address you used to register your Account, and will be made available when you next log in to your Account. Your continued use of this Site after the change takes effect will mean you accept the amended Terms.
H. Governing law and jurisdiction
These Terms will be governed in all respects by the laws of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
20. Contact Us
Safewill prides itself on providing exceptional customer service and we are always looking to improve on the Services we offer. If you have any queries, concerns or you are unhappy with our Site and/or the Services provided, and you would like to contact us, please do so by writing to us at support@safewill.com. We will endeavour to respond to you as soon as reasonably practicable.
You may also get in touch through the chat function on our website. This chat function utilises artificial intelligence (AI), working alongside our support team, to help you better understand our products, services and platform. If you believe a response received through the chat function is incorrect or incomplete, you should raise this with us, either by requesting to speak with a customer service representative or by emailing support@safewill.com. Safewill accepts no responsibility for any incorrect or incomplete responses provided by the AI.
21. Definitions
Account means your online account opened with Safewill via our Site for the purposes of using our Services and purchasing your Will.
Beneficiary means a person receiving a gift or portion of the Estate under a Will.
Business Day means a day (other than a Saturday, Sunday or public holiday) when banks in Sydney, New South Wales, Australia, are open for business.
Consequential Loss means any loss, damage or expense recoverable at law:
other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
- which is a loss of:
opportunity or goodwill;
profits, anticipated savings or business;
data; or
value of any equipment.
and any costs or expenses incurred in connection with the foregoing.
Estate means all of your assets less all of your liabilities as at your date of death.
Exclusions means the exclusions located at https://safewill.com/nz/guidance-notes
Guidance Notes means the guidance notes located at https://safewill.com/nz/guidance-notes
Privacy Policy means the privacy Policy found on our Site located at https://safewill.nz/privacy
Proprietary Content means has the meaning in section 13.
Services means the Safewill services provided on our site including
the interactive features and content to create, update, revise and approve your Will;
the Subscription; and
any other content, products or services that may be added to our Site from time to time.
Subscription means a one (1) year free trial subscription of Safewill Site, which commences when payment for your Will has been received by us in full, and thereafter shall automatically continue on an on-going basis for an annual fee of AUD $15.00 (unless changed by Safewill, at its full discretion) charged on the first day immediately following the completion of the free trial period and then on each anniversary thereafter, and which features include:
encryption and safe storage of your Account details on our Site;
unlimited edits of your Will;
the ability to generate a new Will in circumstances where such legislative updates/changes require significant amendment or replacement of your Will; and
ongoing access to Safewill support staff.
User Content has the meaning in section 13.
Will means the will document created by you via our Site, and which has been purchased by you.
“you”, “your”, “yours”, “user” or “customer” means anyone who accesses our Site and creates an Account.
Schedule 1 – Prohibited conduct
You must not:
use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
use this Site by any automated means;
use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
interfere with the display of any advertisements appearing on or in connection with this Site;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;
reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
falsely imply that any other website is associated with this Site;
do anything that leads, or may lead, to a decrease in the value of Safewill 's intellectual property rights in this Site;
use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Safewill without Safewill 's prior written consent; or
use this Site to transmit any information or material that is, or may reasonably be considered to be:
abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
in breach of any person’s privacy or publicity rights;
a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
containing any political campaigning material, advertisements or solicitations; or
likely to bring Safewill or any of its staff into disrepute.
Last updated: September 2026
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