Welcome to the website of Safewill Legal Pty Ltd ACN 648 090 297 ("we", "us", “our” or “Safewill Legal").
Our website is located on the web via the domain safewill.com/probate (“Site").
We have created the Site for the use of our clients and potential clients.
By accessing this Site, you agree to be bound by these Terms and Conditions, which include our Privacy Policy (together, the Terms).
You should review the Terms carefully. If you do not understand something in the Terms, please do not hesitate to contact us at Support@SafewillLegal.com.au. If you do not agree to or accept these Terms, please do not access this website, or use any of the services provided by Safewill Legal.
Please note that the Terms are in addition to any other terms and conditions that apply to the services you may engage or have engaged Safewill Legal to provide, including but not limited to any terms of any Retainer Agreement between you and Safewill Legal.
Safewill Legal is an Incorporated Legal Practice for the purposes of the Legal Professional Uniform Law (NSW). As such, Safewill Legal is a law firm entitled to provide legal services.
Safewill Legal is a related company of Safe Will Pty Ltd ACN 631 790 273 trading as Safewill (Safewill). Safewill is a digital document generation platform which allows customers to populate their own estate planning documents. 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. The Terms of Use provided by Safewill are separate and apart from these Terms and can be found at safewill.com/terms.
These Terms are between you and Safewill Legal.
Safewill Legal may change these Terms at its discretion, from time to time without notice. Any change to the Terms will be effective immediately. A copy of the current Terms will be available on the Site at all times.
By continuing to use this Site, you agree to comply with and be bound by the Terms as they apply from time to time. Accordingly, you should visit this page periodically and review the Terms in case of any changes.
As you browse through the Site, you may come across or gain access to other websites that are subject to different terms of use (“Other Sites”). The Other Sites may have different terms of use. Unless specified, the Other Sites are not under the control of Safewill Legal. The Other Sites may have different terms of use and may be subject to different laws. Safewill Legal is not responsible for the consent of the Other Sites and you link to any such Other Sites at your own risk. Safewill Legal provides these links for your convenience only. Unless specified, Safewill Legal does not endorse, guarantee or approve of any material on those Other Sites.
Safewill Legal does not warrant that it holds the licences and approvals necessary to provide legal advice in all jurisdictions where the Site may be viewed. It is your responsibility to ensure that use of this Site is in accordance with the laws of your country.
The content of this Site is provided by Safewill Legal in good faith, on an “as is” basis and for informational purposes only. Although care is taken to ensure the content is accurate, Safewill Legal does not warrant, guarantee or make any representation regarding the accuracy, completeness, timeliness, relevance or suitability of the content contained on the Site.
Nothing on this Site is intended to constitute professional or legal advice, or to create a lawyer client relationship between you and Safewill Legal. You should seek legal advice particular to your situation before relying on anything contained on this Site or linked from this Site. You should not take any actions purely based on the information found on this website, without seeking legal advice.
If you have any questions about the content on this Site you may contact us at Support@SafewillLegal.com.au.
Safewill Legal will not be liable to you or anyone else for any loss or damage, however caused which may be directly or indirectly suffered in connection with websites of other entities that are hyperlinked from this website, including damage caused to your computer or other equipment as a result of computer viruses or other defects.
To the extent permitted by applicable law including Australian Consumer Law, Safewill Legal, its officers, employees, agents and affiliates shall not be liable directly or indirectly in contract, tort, equity or otherwise for any damage whatsoever in connection with this Site, including any direct, indirect, special, incidental or consequential damage.
This general disclaimer is not restricted or modified by any specific warnings and disclaimers elsewhere on the Site.
In these Terms, the term "Proprietary Content" means:
All Proprietary Content is the property of Safewill Legal and/or its related bodies corporate 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 Legal or other copyright owner (as applicable).
You expressly agree that your use of the Site does not result in you gaining any right or interest to any of the content contained on the Site.
You are provided access to this Site only for your personal use. Commercial use of this Site is expressly forbidden.
You acknowledge that all copyright, design rights, knowhow, database rights, trade marks, source codes and any other intellectual property rights are reserved to Safewill Legal and/or their content and technology providers.
Nothing contained on the Site should be interpreted as granting any licence or right of use of any other person's or entity's trade mark which is displayed on this Site without their express permission.
If you express interest in products or services through your use of this Site, you consent to Safewill Legal sending emails (including emails about Safewill Legal products and services, and the products and services of affiliates or third parties) to the email which you have provided to Safewill Legal or for which you or your employer are the relevant email account holder.
Safewill Legal agrees to comply with the Privacy Act 1988 (Cth), to the extent it is applicable.
Subject to the Privacy Policy (available at https://safewill.com/privacy), and to the extent permitted by law, you agree that your personal information may be collected from, used by, and disclosed to, our related bodies corporate including Safe Will Pty Ltd and Safewill Estates Pty Ltd, for the purpose of providing services to you.
Except as set out in this clause, or the Privacy Policy, we will not disclose your personal information to third parties.
Safewill Legal uses a secure third-party payment gateway, Stripe, Inc. (“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. 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 Legal 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 Legal, through the Payment Gateway to charge your payment method for the total amount of your invoice.
We may undertake a Verification of Identity (VOI) process with you in line with our obligations at law, and Safewill Legal’s VOI policy.
You agree that the information provided by you during the VOI process is accurate in all respects, and acknowledge that we rely on the accuracy of the VOI information to provide our services. You agree that we are not liable for any loss caused by your failure to comply with the VOI process.
You indemnify and hold harmless Safewill Legal 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):
By using this Site, you accept that electronic communication is an acceptable form of communication with you. To the extent permitted by law, you agree that all notices provided to you may be in electronic form. For the purposes of these Terms, notice will be deemed to be served on you at the time an email is sent to the email address provided to us by you.
You agree that your use of this Site is at your own discretion and risk. You agree to release Safewill Legal 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, 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.
To the maximum extent permitted by law, Safewill Legal 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.
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.
If a part of these Terms is held to be unenforceable or invalid, then it must be interpreted as narrowly as possible to allow it to be enforceable or valid. If a part of these Terms cannot be read narrowly, then that part must be severed from these Terms so that the remaining parts of the Terms are valid and enforceable.
You may not assign your rights under these Terms without our prior written consent.
The failure of Safewill Legal or any other party to enforce any provision of these Terms will not be construed as a waiver of the relevant part of the Terms, or of the right to enforce any party of the Terms at a later time.