- The Agreement
‘GST’ means Goods and Services Tax in Australia as determined in accordance with the GST Act.
‘GST Act’ means the A New Tax System (Goods and Services) Act 1999.
'Intellectual Property' means all intellectual property rights of whatever nature anywhere in the world conferred under statute, common law or equity and includes rights in respect of or in connection with copyright, whether or not registered or registrable, and includes the right to apply for or renew the registration of such rights.
'Online Will Kit', 'onlinewillkit.com', 'we' and 'our' refers to Houla Pty Ltd ACN: 613 654 005.
'Online Will Kit Website' means the websites:
'Will' means the document produced by Online Will Kit
- We are not lawyers
Online Will Kit is an online document service platform.
Online Will Kit is not a law firm, does not engage in a legal practice and Online Will Kit do not act as lawyers. Online Will Kit does not provide legal advice. Nothing on Online Will Kit’s Website is legal advice and you cannot rely on it. You should always consult an independent legal practitioner to get certainty of your legal rights and obligations.
- Limitation of Liability and Indemnity
If you are not a Consumer under the Australian Competition & Consumer Act, you agree that Online Will Kit has no direct or indirect liability, including in negligence, to you in any way related to your use of any product or service provided by Online Will Kit. If you are a Consumer, under the Australian Competition & Consumer Act, Online Will Kit limits all its direct and indirect liability, including in negligence, to you to the Consumer Guarantees under the Competition & Consumer Act.
Where there is a breach of the Consumer Guarantees, we limit our liability to the refund to you of any moneys paid by you to us, the supply to you of the service again or the payment of the cost of having the service we provided to you provided again. Except as set out above, neither party will be liable for any liabilities, claims, costs and expenses (including legal costs), damage or injury or any consequential, direct or indirect loss (“Loss”).
You agree to indemnify Online Will Kit for any Loss Online Will Kit suffers or liability Online Will Kit incurs directly or indirectly as a result of or in connection with any Loss Online Will Kit suffers as a result of your misuse of this website or if you breach these terms and conditions, should Online Will Kit have to pay a third party or as a result of any claims, actions or demands made against Online Will Kit as a consequence of your breach.
We do not know your circumstances under which you wish to use the Online Will Kit Website, therefore we do not in any way represent or guarantee that the Will produced is correct or will be legally effective.
The Will is provided for reference purposes only and is not intended, nor should it be used, as a substitute for professional advice or judgement or to provide legal advice with respect to particular circumstances.
To the maximum extent permitted by law, the services and materials are provided on an “as is”, “as available” basis and, unless expressly stated to the contrary in this agreement, we exclude all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise, including without limitation that the services and materials are or will be complete or free from errors or that information will continue to be available to us to enable us to keep the services and materials up-to-date.
You acknowledge and accept that Online Will Kit does not undertake any obligation to consider whether the information provided to or by us for the purpose of producing our Will is either sufficient, up to date or appropriate for any particular or actual circumstances. Whilst reasonable efforts are made to keep the Will up to date, you should obtain independent verification or advice before relying upon any piece of information in circumstances where loss or damage may result.
You acknowledge and accept that Online Will Kit is not a law firm; we do not represent or advise anyone in any matter and are not bound by the professional responsibilities and duties of a practising lawyer. Nothing produced by, or available on our Website, nor any receipt or output of the Website, shall be construed or relied on as advertising or soliciting to provide any legal services, creating any solicitor-client relationship or providing any legal representation, advice or opinion whatsoever on behalf of us, our staff, our authors, our third party content providers, Online Will Kit or its staff, agents and contractors.
Our liability to you for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that you caused or contributed to that loss or damage.
- Site Content
Website content is intended for Australian users only.
You may use the information on Online Will Kit’s Website for your own personal needs but you may not under any circumstance publish, resell or sub-licence any material. Online Will Kit makes no guarantees, representations or warranties about the accuracy or legal correctness of any information available on Online Will Kit’s Website.
In order to provide products and services to you, Online Will Kit works with partners and affiliates to facilitate the provision of products and services and the access to materials which are controlled by parties other than Online Will Kit (each a “Third Party Site”). Online Will Kit is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Online Will Kit makes no guarantees about the content or quality of the products or services provided by Third Party Sites. You may be required to accept additional terms located on a Third Party Site.
Certain services made available on the Online Will Kit’s Website are delivered by third parties. By using any product, service, or functionality originating from the Online Will Kit Website, you are allowing Online Will Kit to share information with any third party with whom Online Will Kit has a continued contractual and/or confidential relationship with.
Competitors, including companies offering online legal services or documents of any kind, are not permitted to access or use any services, information or documents on our Site.
As a user of Online Will Kit you must provide us with your name, address, email address and location. You will not have to generate a user account however you may access your incomplete saved information by accessing your unique html link provided to you by clicking on the “save and continue later” button. Your unique html link may be provided to you via email should you request it to be sent to your email address. You are responsible for maintaining the confidentiality of your unique html link and the accuracy of the email address you request a link to be sent to.
You agree to notify Online Will Kit immediately following any unauthorised use of your unique html link.
- Payment and Refund
In exchange for payment of the fee set out at the relevant part of the Online Will Kit Website, you are entitled to access and use our will in accordance with these Terms.
The full payment for your order is deducted from your credit card on completion of your order. Email delivery and links will be provided once payment has been processed/validated. We accept payment by Visa, MasterCard and American Express. Credit card details are processed using at least SSL 128 bit encryption and are not stored by us. Payment transactions are processed by a third party provider, PayPal Holdings, Inc.
If you are unsatisfied with the product you have purchased, please notify us within 30 days of purchase and we will attempt to resolve your concerns. If we are unable to resolve your concerns, we will refund your fee provided should you agree to delete the document from your system and destroy any physical copies.
Any party may terminate the agreement immediately at any time by written notice.
This agreement will be enforced to the fullest extent permitted by applicable law. If anything in this agreement is unenforceable, illegal or void then it is severed and the rest of the agreement remains in force.
You may not assign your rights or delegate your duties under these Terms and Conditions or any additional terms without our prior written consent.
The failure of us or any third party to enforce any provision hereof shall not constitute or be construed as a waiver of any such provision or of the right to enforce it at a later time.
- Entire Agreement
These terms constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.
If you wish to notify us about anything relating to this agreement, please contact us at [email protected]
All notices must be in writing via email. No notice shall be deemed to have been given until it is actually received by the recipient email address.
Online Will Kit is not registered for GST or currently required to do so under the GST Act. All prices are exclusive of GST.
- Governing Law
The laws of Victoria, Australia govern this agreement and you agree to the courts of Victoria having jurisdiction in any matter under this agreement.
- Clerical Errors
Online Will Kit reserves the right to correct clerical errors without notification.
Online Will Kit reserves all rights in the Website and in any document or item produced using the Website. In particular, no alterations, additions or adaptations of this Website are permitted by any individual or entity without written consent from Online Will Kit.
Online Will Kit makes every effort to contact copyright holders of photographs, illustrations, images and Content. If a work in copyright has been inadvertently included, Online Will Kit apologises to those concerned. Should the copyright holder prefer that the work not be made available on the Website, please contact Online Will Kit in writing and the Website will be amended.
- Changes to Terms and Conditions
Online Will Kit reserves the right to change these terms and conditions from time to time to reflect any changes in its business.
Online Will Kit may also be required to change these terms and conditions for security reasons, for technical infrastructure reasons, or if required by law.
Online Will Kit will change these terms and conditions at any time by posting the updated terms and conditions on the Website. It is your responsibility to be aware of any changes to these terms and conditions.
UPDATED: 10 May 2020