Terms of Use

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 or Power of Attorney 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 17 of these Terms.

1. Agreement to Terms

By accessing this Site and/or purchasing your Will, Power of Attorney, 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 or Power of Attorney.

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

We may, in our sole discretion, refuse to offer our Services including the creation of your Will or Power of Attorney via our Site to any person or entity and we may change our eligibility criteria at any time. The Will and Power of Attorney documents 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. Violations of these Terms

Without limiting any other remedies available to Safewill at law or in equity, Safewill reserves the right to, without notice:

• temporarily or indefinitely suspend, or terminate, your access to this Site, your Account or to refuse to provide any of the Services to you if:
  • you breach any provision of these Terms;
  • Safewill is unable to verify or authenticate any information that you provide to us; or
  • Safewill believes that your actions may cause damage and/or legal liability to Safewill, any of its customers or suppliers or any other person; and

• remove or block access to any information and/or materials (in whole or in part) that Safewill, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights, or these Terms.

7. Indemnity

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):

• any material or information that you submit, post, transmit or otherwise make available through this Site;
• your use of, or connection to, this Site;
• your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person or third party;
• any claim arising from your use and/or access of any third party website; and
• any claim brought by any third party, including:
  • any claim brought by your Estate for expenses and/or losses incurred by the Estate; and
  • any Beneficiary of your Estate;

arising from the provision of the Services, your use of your Will or Power of Attorney and/or the enforceability of your Will or Power of Attorney.

8. 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 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.

C. User Information

In order to register an Account with this Site, you must agree to these Terms and provide Safewill with:

• a 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.

9. 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 or Power of Attorney in the State or Territory in which you reside, 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; and
• you have reviewed these Terms;

and you are completely satisfied that the Services are suitable for your intended use.

10. 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 the creation and content of your Power of Attorney;
• you are solely responsible for ensuring that your Will is properly executed by you in the presence of two independent adult witnesses;
• you are solely responsible for ensuring that your Power of Attorney is properly executed by you in the presence of the required witnesses and signed by your attorneys;
• the Will, Power of Attorney and other Services offered via our Site are suitable for dealing with or disposing of assets located in Australia only. If you have assets located outside of Australia, or live outside of Australia, we recommend engaging a lawyer in that jurisdiction for specific advice.
• in circumstances where you complete a Will or Power of Attorney 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 or Power of Attorney in respect to those assets;
• if you create a Will via our Site and proceed to validly execute this Will, any Australian Will(s) that you have previously made will be revoked and will no longer have any legal effect or operation.

A. 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 or services to you – however, Safewill will endeavour to supply the Services to you.

We will not 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 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.

C. Refusal of Orders

We reserve the right at our discretion to:

• at any time prior to your order being accepted in accordance with these Terms, cancel all or part of your order, and
• at any time:
  • refuse to provide products or services to you (including your Will and the Services);
  • terminate your access to this Site; and/or
  • remove or edit any content on this Site.

D. Acceptance of orders

Acceptance of your order for your Will, Power of Attorney 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 or Power of Attorney once it has been purchased from our Site, you acknowledge and agree that you will not be refunded the purchase price of your Will or Power of Attorney (or both) as the case may be.

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 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 AUD $80.00 (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 for a further 12 months, including:

• 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
• access to Safewill support staff

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 AUD $15.00

F. Store Information and Unlocking Fee

You consent to Safewill holding and storing your:

• Will, including any incomplete drafts of your Will;
• Power of Attorney, including any incomplete drafts of your Power of Attorney; 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.

12. 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 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 or Power of Attorney 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 or Power of Attorney only.

The total price for your Will, Power of Attorney and Services ordered by you are displayed on our Site. Your Will, Power of Attorney 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 the purposes of these Terms, "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

13. 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 and charge your credit/debit card the annual fee unless and until opt you 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.

G. Refunds and other remedies

Except as expressly provided otherwise in these Terms all amounts paid through this Site 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 "Remedies limited" in these Terms at section 18B 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 or Power of Attorney 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.

14. 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.

15. 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, your Power of Attorney, 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 and/or your Power of Attorney 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.

16. Disclaimer of warranties

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:

• the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• this Site will meet your requirements or expectations;
• anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
• the quality of any products, services, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
• errors or defects will be corrected;
• this Site or the servers that make it available are free of viruses or other harmful components;
• the Power of Attorney you create using this Site will be enforceable under a court of competent jurisdiction; or
• the Will you create using this Site:
  • will be enforceable under a court of competent jurisdiction; or
  • will not be challenged by your Estate or any Beneficiary of your Estate.

Nothing in this clause affects your statutory rights as a consumer.

17. Disclaimer and No Legal Advice

A. Disclaimer

Safewill is a digital platform that enables users to prepare and generate their own Will and/or Power of Attorney 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.

By creating your Will, your Power of Attorney 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, Power of Attorney, 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 Power of Attorney, 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 or Power of Attorney;
• whether you were aware of, understood the content of, and approved your Will or Power of Attorney 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 or Power of Attorney, resulting in the documents being out of date or obsolete. Safewill cannot guarantee that the Will or Power of Attorney that you prepare via Safewill will always be up to date, accurate and complete.

B. No Legal Advice

By creating your Will, your Power of Attorney 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, the creation of your Power of Attorney, 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 and Power of Attorney document (together with any Guidance Notes, Signing Notes and Exclusions), is provided to assist you with the preparation of your Will and Power of Attorney 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 or Power of Attorney.

C. Safewill Will Review Process

As part of its quality assurance process, Safewill engages an Australian law firm (the Law Firm) to review each Will created and submitted on the Safewill Platform.

This review is procedural in nature, to ensure that the information input by the user into the Safewill Platform correctly corresponds to the questions being asked of the user throughout the digital flow.

In conducting the review, both Safewill and the Law Firm relies on the accuracy of the information provided by you. At no point during the review will Safewill or the Law Firm review or confirm the information submitted by you for accuracy. For example, Safewill or the Law Firm will not review or verify:

• the accuracy of any name mentioned in the Will;
• the accuracy of any address mentioned in the Will;
• the nature of your personal family arrangements, including the identity or age of people included in your family;
• the existence, description or location of your assets, including superannuation;
• the existence or description of any entity, company, trust or other structure.

Additionally, the Law Firm will not consider your specific personal circumstances in conducting the Will review. The Law Firm is engaged by Safewill to provide quality control on the Safewill digital process and communications made by Safewill only. In using the Safewill platform, you acknowledge that there is no lawyer client relationship formed between you and the Law Firm.

Neither Safewill nor the Law Firm provides any opinion or advice whatsoever on the contents of your Will as it applies to your personal circumstances when conducting the review. The review will under no circumstances assess:

• the validity of any testamentary gifts made in your Will;
• the requirement to provide for certain family members pursuant to the family provision legislation in your state or territory;
• the feasibility of any wishes or notes expressed in your Will;
• your instructions regarding the guardianship of children;
• the creation of any trusts;
• the interaction between your superannuation and your Will;
• the interaction between any trusts or companies, and your Will;

and you acknowledge and agree that you will be solely responsible for attending to and seeking advice on those matters if required.

D. Power of Attorney Process

Safewill does not conduct a review of the Power of Attorney document that you create via the Safewill Platform, and it does not engage any law firm to review any Power of Attorney documents created via the Safewill Platform to ensure those documents have been filled out correctly.

By creating your Power of Attorney using Safewill, you acknowledge that Safewill does not provide any opinion whatsoever on the content of your Power of Attorney, including the accuracy of any limitations, exclusions of wishes you choose to incorporate into your Power of Attorney and you acknowledge and agree that you will be solely responsible for those matters. If you are unsure about whether this document is appropriate for you and your circumstances, or you are unsure about the information you have included in your Power of Attorney, we recommend you seek independent legal advice.

Safewill may, in its absolute discretion, elect to review your Power of Attorney merely for the purposes of understanding and monitoring any issues with the digital process, and for quality assurance purposes. It may be that Safewill contacts you in relation to your Power of Attorney, to notify you of any issues discovered in the inputting process. You acknowledge that any such notification is procedural only, and does not constitute legal advice.

E. Power of Attorney Limitations

The medical and financial Power of Attorney documents that can be generated by you via the Safewill Platform are based on the government approved forms in each Australian state (the Standard Forms).

In digitising the Standard Forms for use by you on the Safewill platform, Safewill has limited or adjusted some of the functionality of the Standard Forms. By using the Safewill platform to generate your Power of Attorney you acknowledge:

• the below disclosed limitations in functionality of the generated Power of Attorney documents; and

• that there may be further limitations in functionality of the generated Power of Attorney documents depending on legislative changes from time to time;

and you hold Safewill harmless from any and all loss caused by the limitations in the functionality of the Power of Attorney documents.

For the purposes of these terms, the person making the Power of Attorney document shall be referred to as “you” or the “Appointor”. The person being appointed under the Power of Attorney document shall be referred to as the “Attorney”.

Financial Power of Attorney Limitations

In all States

• The commencement of the Power of Attorney document has been limited to come into effect only when the Appointor loses capacity. In comparison, the Standard Forms allow the specification of an immediate commencement date (i.e. while the Appointor still has capacity), or a date which commences on the occurrence of a particular event. If you require this optionality, we recommend seeking legal advice.

• The number of financial Attorneys or back-up Attorneys that you may appoint has been limited when compared to the Standard Form. If you would like to appoint more Attorneys than are possible on the Safewill platform, we recommend seeking legal advice.

• The ability to specify certain limitations and conditions on the power granted by the Power of Attorney has been simplified. If you would like to provide detailed instructions and/or criteria that must be met in relation to an exercise of power under the Power of Attorney, we recommend seeking legal advice.

NSW

• The additional powers that may be exercised by a financial Attorney have been limited. This includes the power for the financial Attorney to give gifts. If you would like your financial Attorney to have this type of power we recommend seeking legal advice.

ACT

• The option for the financial Attorney to authorise another person to exercise their powers has been limited. If you would like your financial Attorney to have the option to nominate another person to exercise powers under the document, we recommend seeking legal advice.

• The option to adjust the terms of the appointment of substitute financial Attorneys has been limited to the same option that was selected for primary financial Attorneys (i.e. jointly, or jointly and severally). If you would like your substitute financial Attorneys to be able to act in a different way to your primary financial Attorneys, we recommend seeking legal advice.

QLD

• The option of requiring the financial Attorney to notify a nominated person when exercising their powers has been limited. This includes the type of information that the Attorney must provide to the nominated person, and when the Attorney needs to provide that information. If you would like to nominate one or more people who your financial Attorney must provide information to when exercising their powers, we recommend seeking legal advice.

Medical Power of Attorney Limitations

In all States

• The number of medical Attorneys or back-up medical Attorneys that you may appoint has been limited when compared to the Standard Form. If you would like to appoint more medical Attorneys than are possible on the Safewill platform, we recommend seeking legal advice.

• The ability to specify certain limitations and conditions on the power granted by the Power of Attorney has been simplified. If you would like to provide detailed instructions and/or criteria that must be met in relation to an exercise of power under the Power of Attorney, we recommend seeking legal advice.

ACT

• The ability to specify your instructions about Refusal or Withdrawal of Medical Treatment has been limited. If you would like to specify whether your medical Attorney must refuse or require the withdrawal of particular medical treatment, we recommend seeking legal advice.

• The option for the medical Attorney to authorise another person to exercise their powers has been limited. If you would like your medical Attorney to have the ability to nominate another person to exercise powers under the document, we recommend seeking legal advice.

• The option to adjust the terms of the appointment of substitute medical Attorneys has been limited to the same option that was selected for primary medical Attorneys (i.e. jointly, or jointly and severally). If you would like your substitute medical Attorneys to be able to act in a different way to your primary medical Attorneys, we recommend seeking legal advice.

• The option to allow your medical Attorney to decide on matters of medical research has been limited. If you would like to specify whether your medical attorney can provide instructions for medical research, we recommend seeking legal advice.

QLD

• The option of requiring the medical Attorney to notify a nominated person when exercising their powers has been limited. This includes the type of information that the Attorney must provide to the nominated person, and when the Attorney needs to provide that information. If you would like to nominate one or more people who your Attorney must provide information to when exercising their powers, we recommend seeking legal advice.

SA

• The ability to use an interpreter to sign the Power of Attorney has been limited. If you require an interpreter to translate the Power of Attorney, we recommend seeking legal advice.

WA

• The ability to specify particular circumstances in which the medical Attorney can act has been limited. The default position is that your medical attorney can act in all circumstances once you lose capacity. If you would like to specify the times in which, or types of decisions for which, your medical Attorney can act, we recommend seeking legal advice.

NT

• The ability to provide an Advance Consent Decision has been limited. Advance Consent Decisions are legally binding on your health care provider and can include decisions about organ transplants, palliative care, instructions not to be put on life support, or directions about not receiving blood transfusions. If you would like to make an Advance Consent Decision, we recommend seeking legal advice.

• The functionality of the Advance Care Directive has been simplified. While you are still able to provide notes about any preferences, values or wishes, the specific questions included in the Standard Form to guide your responses have been removed. If you would like to provide very detailed responses about your views, wishes and beliefs in relation to health decisions, we recommend seeking legal advice.

18. Terms for the Customised Will

By purchasing the Customised Will, you agree to be bound by these additional terms.

The Customised Will product is offered by Safewill. Safewill operates the Site. Safewill is not a law firm and does not provide legal services or legal advice.

A. Complimentary Call

By purchasing the Customised Will, you will have the right to arrange one (1) complimentary legal advice call with a specialist lawyer to discuss your estate planning (Complimentary Call). The Complementary Call must be booked within 12 months of purchasing the Customised Will.

The Complimentary Call is currently provided by a legal professional from the law firm Safewill Legal Pty Ltd ACN 648 090 297 (the Law Firm).

Safewill reserves the right to change the law firm offering the Complimentary Call as part of the Customised Will at any time, and from time to time, provided that at all times the Complimentary Call will be provided by a law practice as defined by the Legal Professional Uniform Law.

By participating in the Complimentary Call, you have the opportunity to engage directly with the Law Firm, and the Law Firm has agreed with Safewill to provide the Complimentary Call directly to you, not through Safewill. The Complimentary Call will only be available to you during business hours, at those times where the Law Firm does not have any prior bookings.

By purchasing the Customised Will, no lawyer client relationship will arise between you and Safewill. If you elect to proceed with the Complimentary Call, there will be a lawyer client relationship that arises between you and Safewill Legal. These legal services will be delivered pursuant to the Complimentary Call Engagement Agreement, which will be contained in the booking email sent to you following the purchase of a Customised Will. You can also request a copy of this agreement from Safewill at any time.

You may choose to re-engage the Law Firm for additional scopes of work following the Complimentary Call. Any additional scopes of work will be governed by the engagement agreement between you and the Law Firm. Safewill is not involved in this process and does not set, control or influence these terms.

Safewill shall have no responsibility or liability of any kind for any professional services rendered by the Law Firm and any use or reliance on such professional services is solely at your own risk.

B. Customised Will Inclusions

In purchasing the Customised Will you are entitled to the following inclusions:

1. Access to the Safewill online Will services
2. Access to the Complimentary Call
3. Turnaround of one (1) business day for the review of your Will
4. Access to one round of unlimited custom amendments to your online Will beyond the standard functionality available for the Essentials Will, subject to the below exclusions
5. Other benefits and exclusive offers as may be determined by Safewill from time to time

The Customised Will does not include:

1. Any additional complimentary consultations with the Law Firm beyond the Complimentary Call
2. The preparation of any complex trust structures in your Will, including main residence trusts or testamentary trusts
3. Any other services beyond those specifically included in the scope of a Customised Will

19. Limitation of liability

A. 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.

B. Remedies limited

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, Power of Attorney, and/or the Service.

C. Release

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.

D. Force majeure

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.

20. Interruptions

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.

21. Referral Program

A. Referral Reward

By purchasing a Will using our Site, you may be eligible to receive a refund of $10.00 from the purchase price of your Will for each Referred Person that you introduce to Safewill and who purchases a Will using your referral code (“Referral Reward”). For example, if you refer three (3) Referred Persons to Safewill, each of whom purchase a Will using our Site, then subject to the eligibility criteria as set out below being satisfied in Safewill’s absolute discretion, you will receive a discount of $30.00 off your purchased Will. The Referral Reward is capped at $50.00.

B. Eligibility Criteria

To be eligible to earn the Referral Reward, you must, satisfy the following criteria:

• You must have purchased a Will using our Site;

• The Referred Person must have completed their Will using our Site only after you have referred the Referred Person to Safewill; and

• The Referred Person must pay the full retail price for their Will (less any discount received by your Safewill referral code).

For the avoidance of doubt, you may not earn the Referral Reward where either:

• You have obtained a free Will; or

• The Referred Person has obtained a free Will.

The Referral Reward will be processed by Safewill as a refund of $10.00 per Referred Person who is referred by you, and uses your generated Safewill code to check out of our Site.

If a Referred Person receives multiple codes, the Will writer whose code has been used by the Referred Person will be the party that receives the Referral Reward.

Safewill reserves the right to refuse to pay the Referral Reward in the event we decide that you have violated any of these Terms, or you do not act in good faith as determined by Safewill in its absolute discretion.

C. Additional Referral Reward Terms

Safewill reserves the right to modify, suspend or terminate the Referral Reward at any time and for any reason in our absolute discretion as deemed fair and appropriate.

The Referral Reward will be terminated, effective immediately, in the event that Safewill ceases to operate a smart digital solution for estate planning services.

22. 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, New South Wales and time is of the essence;
• all monetary amounts are in Australian 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.

Safewill may assign, transfer or sub-contract any of its rights or obligations under these Terms at any time without notice to you.

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

Safewill reserves the right to:

• amend these Terms and any other policy or information contained on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately;
• make changes to the Services and the Subscription, including any fee charged for the Subscription;
• make updates to reflect changes in any relevant laws and/or regulatory requirements; and
• implement improvements and/or technical adjustments.

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.

H. 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.

23. Contact Us

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 support@safewill.com. We will endeavour to respond to you as soon as reasonably practicable.

24. Definitions

Account means your online account opened with Safewill via our Site for the purposes of using our Services and purchasing your Will and/or Power of Attorney.

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:

• 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/guidance-notes

Guidance Notes means the guidance notes located at https://safewill.com/guidance-notes

Privacy Policy means the privacy Policy found on our Site located at https://safewill.com/privacy

Referral Reward has the meaning in section 20.

Referred Person means a friend, colleague or family member over the age of 18 years, who is referred to Safewill by any user who purchases a Will via our Site.

Power of Attorney means the financial and/or medical power of attorney document created by you via our Site, and which has been purchased by you.

Proprietary Content means has the meaning in section 15.

Services means the Safewill services provided on our site including

• the interactive features and content to create, update, revise and approve your Will;

• the interactive features and content to create, update and revise your Power of Attorney;

• 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 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 15.

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: 3 September 2024