Welcome to the 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 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 document you create by using our Site or the Services we offer are right for you, please seek independent legal advice. Please refer to section 10 of these Terms.
By accessing this Site and/or purchasing your Will and our Services, you agree to be bound by:
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 terms in these Terms have the meaning prescribed to them in these Terms or in the Safewill 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.
Legal capacity to transact
If you are under 18 years of age, you cannot 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.
We may, in our sole discretion, refuse to offer our Services including the creation of your Will via our Site to any person or entity and we may change our eligibility criteria at any time. 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.
Your use of this Site is subject to the rules set out in Schedule 1 below.
Violations of these Terms
Without limiting any other remedies available to Safewill at law or in equity, Safewill reserves the right to, without notice:
You indemnify and hold harmless Safewill and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and Consequential Loss or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
arising from the provision of the Services, your use of your Will, and/or the enforceability of your Will.
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.
and you are completely satisfied that the Services are suitable for your intended use.
Username and password
Upon registering with this Site, you will be required to create a username and password to access your Account. You are responsible for maintaining the security of your password 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 any password or any other breach of security.
In order to register an Account with this Site, you must agree to these Terms and provide Safewill with:
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.
Multiple accounts and 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.
Approval of registrations
Safewill reserves the right to accept or reject any application for registration of an Account with this Site at its discretion.
Order constitutes offer
By placing an order through this Site, you make an irrevocable offer to Safewill to purchase your Will and the Services that you have selected pursuant to these Terms.
Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any products/services to you – however, Safewill will endeavour to supply your Will and/or the Services to you.
We will not commence processing any order made through this Site unless and until:
Alterations to Will
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 examples, 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.
Refusal of Orders
We reserve the right at our discretion to:
Acceptance of orders
Acceptance of your order for your Will and the 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.
Changes to orders and cancellation of Services (Subscription)
Due to the bespoke nature of your Will, 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 elect to opt out of your Subscription prior to the completion of the one-year free trial period by notifying us online through your Account. You must select the cancellation option via your Account confirming your decision to terminate your Subscription. Should you fail to notify us of your intention to opt out of the Subscription, such Subscription will automatically continue in perpetuity until we are subsequently notified via your Account, 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 [email protected] 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, you will be required to pay a re-joining fee as set out on our Site.
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 changes that may affect future orders.
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.
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 AUD $15.00 (inclusive of GST), but may be subject to change at any time by Safewill, as determined by Safewill in its absolute discretion.
Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
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 PayPal. We are currently only accepting Visa and Mastercard as payment methods.
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.
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.
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.
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.
At the end of the free Subscription period included in your purchase of your Will, we will automatically renew your Subscription and charge your credit/debit card the annual fee unless and until opt out via your Account. Your non-termination or continued used of our Services reaffirms that Safewill is authorised to charge your credit or debit card in advance, in accordance with the Subscription.
Refunds and other remedies
Except as expressly provided otherwise in these Terms, and owing to the bespoke nature of the Will product delivered, all amounts paid through this Site are non-refundable. 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 "Remedies limited" in these Terms below.
While our Payment Gateway, our Site hosting providers and any other third party providers we use 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.
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:
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.
You acknowledge that Safewill does not:
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.
In these Terms, the term "Proprietary Content" means:
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 and 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.
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.
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:
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.
To the maximum extent permitted by law, the company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether Express or implied, statutory or otherwise) in relation to this site and any products and/or services purchased or obtained through this site, including any implied warranty/guarantee of merchantability, fitness for a particular purpose or non-infringement.
This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, Safewill and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
Nothing in this clause affects your statutory rights as a consumer.
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.
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.
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 purposes.
When you visit our Site, create an Account, prepare your Will or use our Services, you acknowledge and agree that Safewill shall have no responsibility whatsoever and we will not accept any liability for confirming:
There may be changes in the future to laws and/or regulations that may affect your Will, resulting in your Will being out of date or obsolete. Safewill cannot guarantee that the Will that you prepare will always be up to date, accurate and complete.
While you will only have access to notifications of any legislative updates/changes that might affect your Will during the period of your Subscription, Safewill bears no responsibility or liability to notify you of any changes in the law that might affect your Will during the Subscription period or thereafter, and you bear full responsibility for making appropriate amendments to your Will in future as may be required.
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.
Safewill does not provide any opinion whatsoever on the content of your Will, including the validity of any testamentary gifts, or wishes as expressed in your Will, and you acknowledge and agree that you will be solely responsible for attending to those matters.
Safewill may, in its absolute discretion, elect to review your Will merely for the purposes of notifying you if there are any issues encountered during the inputting process that prevents you from finalising your Will, but such notification is procedural only, and does not constitute legal advice.
The information contained on our Site and within your Will document together with our Guidance Notes and Exclusions (which are incorporated by reference into these Terms), 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 again 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, including what is contained in the Guidance notes and/or the Exclusions, or for the enforceability of your Will.
Exclusion of liability
To the maximum extent permitted by law, Safewill and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be Consequential Loss, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this Site by you or any other person.
To the maximum extent permitted by law, Safewill and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the amount you have paid for your Will and/or the Service.
You agree that your use of this Site is at your own discretion and risk. You agree to release Safewill and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this Site by you or any other person. Safewill may plead this release as a bar and complete defence to any claims or proceedings.
To the maximum extent permitted by law, and without limiting any other provision of these Terms, Safewill excludes liability for any delay in performing any of its obligations under these Terms where such delay is caused by circumstances beyond the reasonable control of Safewill , and Safewill shall be entitled to a reasonable extension of time for the performance of such obligations.
While we will always strive to ensure our Site and the Services we provide are operational, there are times when there could be unexpected temporary interruptions, including by way of example, maintenance, dealing with technical issues, testing, and the addition of updates to reflect changes to the law or regulatory requirements.
Safewill, reserves the right, at any time to modify or discontinue, either temporarily or permanently, any functions and features of our Site and/or the Services, without any liability to you.
In these Terms, the following rules of interpretation apply unless the context requires otherwise:
Safewill may provide any notification for the purposes of these Terms by email.
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 are 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.
You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without Safewill 's prior written consent.
Safewill may assign, transfer or sub-contract any of its rights or obligations under these Terms at any time without notice to you.
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.
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.
Safewill reserves the right to:
Your continued usage of this Site will mean you accept those amendments.
We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the Services offered through this Site, including to suspend and/or cancel your Account in circumstances where, Safewill in its absolute discretion, determines that such suspension or cancellation is warranted.
You may only vary or amend these Terms by written agreement with Safewill.
Governing law and jurisdiction
These Terms will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
Safewill prides itself on providing an 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 provide, and you would like to contact us, please do so by writing to us at [email protected]. We will endeavour to respond to you as soon as reasonably practicable.
Last updated: 18 September 2019
You must not:
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 are open for business.
Consequential Loss means any loss, damage or expense recoverable at law:
and any costs or expenses incurred in connection with the foregoing.
Estate means your total assets that are left over after all debts, funeral and testamentary expenses and gifts are provided for.
Exclusions means the exclusions located at https://safewill.com/guidance-notes/; and
Guidance Notes means the guidance notes located at https://safewill.com/guidance-notes/
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 charged on the first day immediately following the completion of the free trial period and then on each anniversary thereafter, and which features include:
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.