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OneWill Solution Terms and Condition

Last updated: February 2023

1. INTRODUCTION

  • The OneWill Solution and any Services made available through the One Will Solution are owned and operated by One Will Pty Ltd (ACN 621 580 210) (OneWill, we, our or us).
  • By using, browsing or accessing the One Will Solution and Services, you acknowledge that you have read, understood and accept these One Will Solution Terms and Conditions (Agreement), together with our Privacy Policy, and agree to abide by them. If you do not accept this Agreement, you must not access and use the One Will Solution and Services.
  • your behalf or with your express or implied authority).

2. DEFINTIONS & INTERPRETATION

2.1 Definitions

In this Agreement, unless the context otherwise requires:

Activation Fee means the administration fee for re-activating your Subscription as displayed on the One Will Solution (as amended from time to time);

Attorney means an enduring attorney, enduring guardian or medical-decision-maker appointed by you pursuant to a Power of Attorney to make financial, personal or medical decisions on your behalf (as the context permits);

Beneficiary means the person who benefits from your Will, and includes potential or contingent beneficiaries;

Business Day means any day which is not a Saturday, Sunday or public holiday in South Australia;

Business Hours means 9:00am to 5:30pm on Business Days;

Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise;

Commencement Date has the meaning in clause 4(a);

Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at the Commencement Date as a likely result of breach of the Agreement

  • indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense;
  • loss of revenue, profit, income, bargain, opportunity, use, production, customers, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data (including User Data);
  • loss of inheritance, loss of opportunity to inherit, loss of bequeathment or legacy, loss of opportunity to receive a bequeathment or legacy, costs (including legal costs) to apply for probate or letters of administration, guardianship or administration;
  • costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by you, your Executors, your Attorneys, an actual or potential Beneficiary or third party; or
  • loss or damage of the nature set out above in clauses (i) to (iv) (inclusive) that is incurred or suffered by you, your Executors, your Attorneys, an actual or potential Beneficiary or third party;

Content means all the information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not) layout, arrangement, graphical user interface, look and feel, databases, functionality and control features of the One Will Solution;

Estate means all of your assets and liabilities;

Estate Planning Expert means an employee or contractor of One Will who has experience in providing will and estate planning advisory services, but is not an Australian Legal Practitioner or who is not acting as an Australian Legal Practitioner;

Executor means an adult person or entity appointed to administer your Estate after you have died, and Executors have the corresponding meaning;

Fees means the purchase price to create a Will and/or Power of Attorney on, or via the One Will Solution (as amended from time to time), the Activation Fee or Subscription Fee (as the context permits);

Force Majeure Event has the meaning in clause 20(a)

Guardian means an adult who is appointed by you to look after your children if you and the other parent of your children dies, and Guardians has the corresponding meaning;

GST has the meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Initial Term means the initial term of the Subscription.

Intellectual Property Rights means all confidential information, designs, copyright, derivative works, trade marks, trade mark applications, patents, patent applications, semi-conductor or circuit layout rights, operations, software or systems, inventions, discoveries, trade names, service marks, and domain names, trade secrets, know-how, technical information, specification, rights in goodwill, rights in confidential information or other intellectual property rights, whether under statute, common law, equity, custom or usage, and whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in future in any part of the world;

Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs including Consequential Loss;

Personal Information means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, disclosed to or made available to One Will in the course of providing the Services;

Personnel means any officer, employee, agent, contractor, sub-contractor or consultant of One Will;

Power of Attorney means an enduring power of attorney or enduring power of attorney/appointment of medical decision-maker (as the context permits);

Privacy Policy means One Will’s privacy policy available at www.One Will.com.au or such other web address notified by One Will to you from time to time, which is incorporated into this Agreement;

Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements and includes any relevant wills, probate and administration legislation in the jurisdiction in which you reside;

Services means the estate planning solutions provided by One Will to you under this Agreement, which may include all or any of the following:

  • access to, and use of, the One Will Solution to create and download your Will and/or Power of Attorney (either on a one-off or Subscription basis);
  • a licence and right to upload and store User Data on the One Will Solution;
  • Support Services (if any); and
  • any other products or services made available on, or via, the One Will Solution from time to time.

Subscription means the licence granted to you to access and use the One Will Solution and Services on an unlimited basis for the Subscription Term;

Subscription Fees means the fee to purchase a Subscription as displayed on the One Will Solution (as amended from time to time);

Subscription Term means the collective term of the Subscription (including the Initial Term and each Renewed Subscription Term);

Support Services means the standard customer support and maintenance services provided by our Estate Planning Experts and/or IT team during Business Hours;

Third Party Products and Services means software, products, services or content (including all Intellectual Property Rights contained therein) that: (i) are provided by Third Party Providers; (ii) interoperate with the Services or the One Will Solution; and/or (iii) may be identified as third party products;

User Data means all data, information (including Personal Information), meta-data, materials, documents, photographs and videos:

  • uploaded to or stored on the One Will Solution by you;
  • transmitted by or through the One Will Solution at your instigation
  • supplied by you for uploading to, transmission by, or storage on, the One Will Solution; or
  • generated by the One Will Solution as a result of the use of the Services by you (including, but not limited to Wills and Power of Attorneys), but excluding One Will IP.

Website means the Website located at www.onewill.com.au and any other Websites notified by us from time to time;

Will means the document which sets out, amongst other things, your wishes regarding the administration of your Estate and the care of any minor children (if any);

OneWill means One Will Pty Ltd (ACN 621 580 210) and where the context permits, includes our Personnel;

OneWill IP has the meaning in clause 11(a);

OneWill Solution means the software Solution made available through the Website, and used by us to provide the Services to you, including the application and database software for the Services, the system and server software used to provide the Services, the computer hardware on which that application, database, system and server software is installed, and all Intellectual Property Rights contained therein, provided or otherwise made available by us on, or via, the OneWill Solution.

2.2 Interpretation

In this Agreement:

  • the singular includes the plural and vice versa;
  • a gender includes all genders;
  • a party means a party to this Agreement;
  • where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
  • the words ‘including’, ‘such as’, ‘for example’ or similar, is not intended as a term of limitation; and
  • all monetary amounts are expressed in Australian Dollars ($AUD) unless expressly stated otherwise.

3. TERM

This Agreement commences on the date you create an Account and continues until terminated in accordance with the terms of this Agreement.

4. YOUR ONEWILL ACCOUNT

  • You must create a unique account (Account) to access and use the One Will Solution and Services.
  • Your Account will be operated by a username and password (Password) which you may change at any time. You are solely responsible for the activity conducted on your Account. We may at any time request that the owner of the Account provide identification to verify their identity.
  • In order to open an Account or otherwise access and use the One Will Solution and Services, you must be over 18 years of age and legally able to enter into contractual relations. If you are not over 18 years of age, you should not access or use the One Will Solution and Services. We reserve the right to ask for proof of age from you, and your Account may be suspended until satisfactory proof of age is provided.
  • In relation to your Account, you undertake that you will:
    • not disclose your Password to any third party and take reasonable measures to prevent the disclosure of your Password to any third parties, except the User knowledges and agrees that One Will may disclose your username and Password to your Executors:
      • with your written consent; or
      • without your written consent after you have died if reasonably required by your Executors to apply for probate or administer your Estate.
  • You are liable for your use of the One Will Solution through the Account or Password. Please notify us immediately if you become aware that your Account or Password is being used without authorisation, or as a result of any other security breach relating to your Account or Password;
    • provide only accurate, current and complete registration information (including Personal Information) to us, and you will update that information if it has changed. All Personal Information as well as the information you provide to open your Account, is subject to our Privacy Policy; and
    • not impersonate another account holder or provide false identity information to gain access to or use the One Will Solution.
  • One Will has the right to suspend or terminate any Account or your access or use of all or any part of the One Will Solution, at any time, if, in our opinion, you have failed to comply with any of the provisions of this Agreement.

5. YOUR OBLIGATIONS

  • Subject to the terms of this Agreement, One Will grants you a non-exclusive, non-transferable, personal, limited, revocable and non-sublicensable licence to access and use the One Will Solution and Services for domestic and personal use. Unless we provide you with written notice, you are not entitled to access and use the One Will Solution or Services for any commercial, business or re-sale purpose.
  • You will not acquire or be entitled to any rights other than those rights expressly set out in this Agreement.
  • To access and use the One Will Solution and Services, the User must:
    • open an Account via the One Will Solution;
    • provide us with all necessary co-operation and User Data to facilitate and provide the One Will Solution and Services;
    • obtain and maintain all hardware, software and communications equipment necessary to access and use the One Will Solution and Services (including adequate security and safety measures);ensure that all information is true, accurate and not misleading;
    • comply with all reasonable directions, policies and guidelines of One Will as advised from time to time; and
    • carry out all of your responsibilities set out in this Agreement in a timely and efficient manner.
    • not us, submit, post, store, distribute or transmit any viruses, worms, trojans or other malicious code, or any material when using the One Will Solution that may corrupt, damage, degrade or disrupt the operation of the One Will Solution and/or the Services.
  • You must not:
    • modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the One Will Solution in any way, or otherwise learn the source code or algorithms underlying the OneWill Solution;
    • violate OneWill’s Intellectual Property Rights;
    • access all or any part of the One Will Solution solely in order to build a product, service or code which competes with the OneWill Solution;
    • license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the OneWill Solution and/or Services available to any third party, except you may permit your Executor to access the OneWill Solution for the sole purpose of administering your Estate; or
    • not us, submit, post, store, distribute or transmit any viruses, worms, trojans or other malicious code, or any material when using the One Will Solution that may corrupt, damage, degrade or disrupt the operation of the One Will Solution and/or the Services.

6. SUBSCRIPTION

  • The Subscription commences on the date you first create and purchase a Will using the One Will Solution, and shall continue for the period specified in the One Will Solution subscription package which you select (Initial Term), and thereafter, the subscription will automatically renew for successive periods as specified in your selected One Will Solution subscription package (each a Renewed Subscription Term), unless you terminate the Subscription by using the cancellation function in the One Will Solution before the end of the then current term, in which case, the Subscription will terminate on the expiry of the then current term.
  • During the Subscription Term, you have the unlimited right to create, update, edit or replace your Will and/or Power of Attorney in response to changes in your personal circumstances. The Subscription does not grant you to the right to create a Will and/or Power of Attorney for any third party.

7. PRICING AND PAYMENT

  • The Fees to access and use the One Will Solution and Services (whether on an off-basis or to purchase a Subscription) are displayed on the One Will Solution.
  • To purchase a Subscription you must pay us the Subscription Fee in advance by direct debt in accordance with clause 10 and the instructions displayed on the One Wil Solution.
  • All Fees payable under this Agreement shall be payable in Australian Dollars and are inclusive of GST. To the fullest extent permitted by Relevant Laws, you agree that all Fees paid under this Agreement are non-refundable. You acknowledge you are not entitled to a refund of the relevant Fees, if for any reason, you:
    • no longer wish to access and use the One Will Solution or Services; or
    • elect or fail to download and/or sign your Will and/or Power of Attorney (as the case may be).
  • All Fees displayed on the One Will Solution are current at the time of issue. The Fees are subject to change effective immediately upon posting to the One Will Solution. You agree to pay the Fees current at the time of payment.
  • Once payment of the purchase price for the Will and/or Power of Attorney has been processed, you will be able to download, print and sign your Will and/or Power of Attorney and upload User Data to your Account.
  • Payment of Fees under this Agreement can be made by means of credit card or direct debit. We use a third party payment processor to process payments made to us. By making payment of the Fees, you agree to provide OneWill with accurate and complete billing information, and you authorise OneWill to your share billing information with its third party payment processor for the purpose of processing your payment.
  • We may, at our absolute discretion and without notice, change the payment methods that can be used to purchase our Services on, or via, the One Will Solution, at any time.

8. INTELLECTUAL PROPERTY RIGHTS

  • Using the One Will Solution does not give you (or anyone else) ownership of, or any right, title or interest in the One Will Solution or Services (or any Intellectual Property Rights contained therein), any information, Content or technology that may be provided to, or accessed by, you in connection with your use of the One Will Solution or Services (including any modifications, enhancements of the foregoing) (collectively, One Will IP). Accessing and using the One Will Solution and Services does not give you (or anyone else) ownership of, or any right, title or interest in the One Will IP.
  • By publishing, posting, transmitting or uploading User Data on, or via, the One Will Solution, you grant One Will for the Term a royalty-free, non-exclusive, transferable and worldwide licence to use User Data that you make available to One Will (and all Intellectual Property Rights contained therein) for the purpose of providing you with access to, and use of, the One Will Solution and Services.
  • All trade marks, logos, trade dress and service marks on the One Will Solution are either trade marks or registered trade marks of One Will, and may not be copied, imitated, or used, in whole or in part.

9. LEGAL DISCLAIMERS

  • The One Will Solution is a technology Solution that allows you to create your own estate planning solutions, including drafting a Will and/or Power of Attorney, using our forms and other information. One Will is not a law firm and we are not providing you with any legal, financial, taxation or other advice. No lawyer-client relationship is created between you and One Will in connection with your access to, and use, of the One Will Solution and Services. Any information that you provide to us will not be subject to lawyer-client privilege.
  • You acknowledge that One Will is not a law firm and we (and our Personnel) are not providing you with legal advice or legal services when you access and use the One Will Solution and Services. While:
    • the User Data (including your Will and/or Power of Attorney) generated or created through the One Will Solution may assist you with your estate planning requirements; and
    • our Estate Planning Experts may provide you with Support Services from time to time, it is not a substitute for independent legal advice.
  • If you are seeking professional legal advice in relation to estate planning requirements, we encourage you to contact an independent law firm before applying our estate planning solutions to your individual circumstances. Let us know if you would like One Will to refer you to one of its affiliated law firm.
  • If you are unsure whether our Services are suitable for your personal circumstances, we recommend that you seek further specialised legal advice by contacting an independent law firm. One Will is happy to refer you to one of our affiliated law firm.

10. WILL AND POWER OF ATTORNEY REVIWES

  • From time to time for quality audit purposes or on request from a User, One Will may review a Will and/or Power of Attorney created or generated by a User using the One Will Solution and Services.
  • Any such review will be undertaken by our Estate Planning Experts and will involve a data entry or non-legal review of your Will and/or Power of Attorney to ensure that the data and information responses you have submitted to the One Will Solution accurately or correctly corresponds with the questions displayed on the One Will Solution.
  • No lawyer-client relationship is created between you and One Will (or any of our Personnel) in connection with, or arising out of, any review undertaken by our Estate Planning Experts of any Will and/or Power of Attorney created or generated by you through the OneWill Solution and Services (and regardless of whether the review was instigated by us or you).
  • In conducting a review of your Will and/or Power of Attorney or at any time you access and use the OneWill Solution to create your Will and/or Power of Attorney, you acknowledge and agree that One Will (and our Personnel) are not responsible for confirming or verifying:
    • your identity or the identity of your Executors, Beneficiaries or Attorneys (including the age and address of any of the foregoing);
    • your mental and/or testamentary capacity to enter into a Will and/or Power of Attorney;
    • the description, nature, location, legal or ownership status and existence of any assets or liabilities that comprise, or form part of, your Estate;
    • whether you were subject to any undue influence and/or duress when created your Will and/or Power of Attorney using the One Will Solution or at the time you signed your One Will and/or Power of Attorney;
    • whether you were aware of, understood the content of, and approved your Will and/or Power of Attorney prior to signing;
    • whether there is, or may be, other potential beneficiaries or third parties who may have a claim against your Estate; and
    • whether the One Will Solution and Services or any other estate planning solutions provided by us are appropriate for your personal or financial circumstances.
  • If you require a legal review or legal advice in relation to the Will and/or Power of Attorney created or generated through the One Will Solution and Services, we recommend that you seek independent legal advice. Let us know if you would like One Will to refer you to one of its affiliated law firms.

11. WILL AND POWER OF ATTORNEY LIMITATIONS

  • The Wills generated by you on, or via, the One Will Solution and Services contain the basic requirements for a will and are based on will templates developed by our affiliated law firms. You acknowledge and agree that any Wills created or generated by Users on, or via, the One Will Solution may not:
    • take your personal and financial circumstances into account;
    • cover every eventuality that may impact you, your Estate, Executors and Beneficiaries; and
    • be suitable if you have complex estate planning requirements.
  • The Power of Attorney generated by you on, or via, the One Will Solution and Services contain the basic elements for an enduring power of attorney and enduring power of guardianship/ appointment of medical decision-maker and are based on government approved forms in each Australian State or Territory. You acknowlegdge and agree that the Power of Attorney created or generated by Users on, or via, the One Will Solution may not take your personal and financial circumstances into account or may not cover all eventualities that impact on you.
  • It is important that you reading all disclaimers, instructions or directions (including guidance notes) contained within the One Will Solution. If you have any questions in relation to the Wills and/or Power of Attorneys created or generated using the One Will Solution and Services (including any limitations), please contact us.

12. NO WARRANTIES

  • You acknowledge that the accuracy, quality, validity and completeness of any estate planning solutions (including any Will or Power of Attorney) created or generated by the One Will Solution and Services is dependent on you using the One Will Solution and the Services strictly in accordance with One Will’s instructions as displayed on the One Will Solution (including guidance notes) or advised by our Estate Planning Experts when you contact us for Support Services (as the case may be). You assume sole responsibility for any estate planning solutions (including any Wills and Power of Attorneys) generated or created by you using the One Will Solution and Services. To the maximum extent permitted by Relevant Laws, we do not warrant, guarantee or represent that any estate planning solutions (including any Wills and Power of Attorneys) generated or created using the One Will Solution and/or Services is complete, valid, reliable, enforceable, binding on your Estate, endorsed, approved or accepted by any relevant probate court, compliant with Relevant Laws, current or error-free or of a minimum quality or standard.
  • You acknowledge that there may be future changes in Relevant Laws that may affect the validity or quality of your Will or Power of Attorney. One Will cannot guarantee that the Will or Power of Attorney created by you (or someone else on your behalf) using the One Will Solution and Services will be current, complete, accurate or compliant with Relevant Laws at any given time. You acknowledge and understand that One Will is under no obligation to:
  • OneWill (including our Personnel) will have no liability to you, your Estate, Executors, Beneficiaries or Attorneys or anyone else for any:
    • bequeathment (or failure to bequeath) your Estate (or any part thereof) under your Will to any person or your decision to appoint (or your failure to appoint) an Executor, Guardian, or Beneficiary under your Will;
    • decision by you to appoint (or your failure to appoint) an Attorney under a Power of Attorney;
    • Loss or Claim arising from any intestacy resulting from, arising out of, your access to, and use of, the One Will Solution and/or Services (including any Will created by you (or someone else on your behalf) through the One Will Solution), or any view or wish expressed by you in your Will; or
    • Loss caused by errors or omissions in any of your User Data or instructions provided or uploaded to the One Will Solution by you in connection with the Services.
  • To the maximum extent permitted by Relevant Laws, One Will excludes all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with your access to, and use of, the One Will Solution and Services (including any Will and Power of Attorney created or generated by you through the One Will Solution and Services).
  • Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.
  • You acknowledge and agree that to the extent permitted by Relevant Laws, One Will make no representations, warranties or guarantees:
    • in relation to the availability, continuity, reliability, accuracy, validity, enforceability, quality, currency, completeness or security of the One Will Solution and Services (or any Will or Power of Attorney created or generated on, or via, the One Will Solution and Services or any Third Party Products or Services made available to you on, or via, the One Will Solution and Services); and
    • that the One Will Solution and Services (or any Will and/or Power of Attorney created or generated on, or via, the One Will Solution and Services or any Third Party Products or Services made available to you on, or via, the One Will Solution and Services) are error-free, virus free or is suitable for any particular purpose or use under any specific conditions, and so is provided on an “as is” basis.
  • One Will will not be liable if the One Will Solution is, or becomes unavailable for any reason, including directly or indirectly as a result of:
    • telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
    • negligent, malicious or wilful acts or omissions of third parties (including third party service providers);
    • maintenance (scheduled or unscheduled) carried out by us or any third party service provider, including in respect of any of the systems or network used in connection with the provision of the One Will Solution;
    • services provided by Third Party Providers ceasing or becoming unavailable; or
    • a Force Majeure Event.
  • You warrant, acknowledge and agree that your use of the One Will Solution and Services have not been made on the basis of any representations made by One Will in relation to the functionality or features of the One Will Solution and Services (or any Will or Power of Attorney created or generated through the One Will Solution and Services or any Third Party Products or Services made available to you on, or via, the One Will Solution and Services). One Will does not warrant or guarantee that Subscriptions or the storage of your User Data on the One Will Solution will be available or offered in future years.

13. LIMITATION OF LIABILITY

  • To the fullest extent permitted by Relevant Laws, One Will, and our Personnel will not be liable to you (or anyone else using the One Will Solution on your behalf), your Estate, your Executors, your Beneficiaries, your Attorneys or any third party for any Consequential Loss arising out of, relating to or connected to the provision or use of the One Will Solution and Services (or any Will or Power of Attorney created or generated by you (or anyone else using the One Will Solution on your behalf) through the One Will Solution and Services or any Third Party Products or Services made available to you on, or via, the One Will Solution and Services), your Subscription or this Agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
  • Under no circumstances will our aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the Fees paid by you to us under this Agreement.
  • You agree to defend, indemnify and hold us, and our Personnel (collectively, the Indemnified) harmless from and against any and all Losses and Claims that may be brought against the Indemnified or which the Indemnified may pay, sustain, or incur as a direct or indirect result of, or arising out of:
    • your Subscription and the access to, and use of, the One Will Solution and Services by you or anyone else (including any Will or Power of Attorney created or generated by you (or anyone else using the One Will Solution on your behalf) through the One Will Solution and Services or any Third Party Products or Services made available to you on, or via, the One Will Solution and Services);
    • any breach by you of this Agreement.
    • any breach of any third party’s Intellectual Property Rights or other rights caused by you; or

14. CONFIDENTIALITY AND PRIVACY

  • Subject to clause 17(c) and save as required by Relevant Laws, all information (including Personal Information) supplied by you to us or otherwise brought to our attention, in relation to your Will, your Power of Attorney, your Estate, your Executors, your Beneficiaries, your pets, Guardians and, your Attorneys are confidential and will not be disclosed by us to a third party. This includes, without limitation, information provided to you in any form (including written and electronic) and by any means (including on, or via, the One Will Solution).
  • OneWill may collect User Data (Personal Information) directly from you when you set-up an Account, when you access or use the One Will Solution and Services, when you purchase a Will, Power of Attorney, a Subscription or any other products or services made available to you through the One Will Solution and Services (including Third Party Products or Services), or when you contact us for any reason. Personal information we collect, share, process, disclose and use may include the name, address, email address and date of birth of you, your Executors and your Beneficiaries. Online payments are handled by Stripe. We do not store your credit card or banking details. Please check the Stripe Website (https://stripe.com/au/privacy) for details of their privacy policies.
  • By accessing and using the One Will Solution and Services, you consent to the disclosure by One Will of your User Data (including Personal Information) to your Executors once you die for the sole purpose of assisting your Executor to apply for probate or to otherwise administer your Estate.
  • Further details of our policy on the collection, storage, use and disclosure of your Personal Information is set out in our Privacy Policy, which forms part of this Agreement.

15. SUSPENSION AND TERMINATION

  • We may, in our absolute discretion and without notice, terminate, suspend or block your access to your Account, the One Will Solution or Services for any reason (or no reason), including as result of, or in connection with:
    • any breach of this Agreement by you;
    • request by law enforcement, court or other government agencies;
    • the termination of your Subscription by you (or the cancellation of your Direct Debt Authority);
    • the discontinuance of the One Will Solution, the Services or Subscription (or any part thereof); or
    • scheduled or unscheduled maintenance works, service outages, technical or security failures or excessive server load on the technical equipment used by us or our Third Party Providers, and we will not be liable to you (or anyone else using the One Will Solution on your behalf), your Estate, you Executors, your Beneficiaries, your Attorneys or any third party arising out of, or in connection with, any such suspension or termination.
  • On termination of this Agreement for any reason (without liability to you, your Estate, your Executors, your Beneficiaries, your Attorneys or anyone else):
    • One Will shall no later than 5 days after the effective date of the termination of this Agreement, permanently delete your Account (except for your contact details) and all User Data stored on the One Will Solution, except that before User Data is deleted you may elect to download the then most recent back-up of Your Data; and
    • all licences to use the One Will Solution and Services and rights of access granted under this Agreement will immediately terminate;

16. THIS PARTY PRODUCTS AND SERVICES

  • You acknowledge that the One Will Solution and the Services may use Third Party Products and Services in order to provide you with access to, and use of, the One Will Solution and Services. One Will may disclose your information (including Personal Information) to our Third Party Providers for the purpose of performing functions on our behalf and to deliver the One Will Solution and Services to you.
  • To the maximum extent permitted by Relevant Laws, One Will make no representations, warranties or guarantees and shall have no liability or obligation whatsoever in relation to the content or use of any such Third Party Products and Services.

17. FORCE MAJERURE EVENT

OneWill will have no liability to you, your Estate, your Executors, your Beneficiaries, your Attorneys or any third person under this Agreement if we are prevented from or delayed in performing our obligations, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications or hosting network, act of God, war, riot, pandemic, epidemic, mandatory government shutdown or lockdown, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of hosting or data centre providers or other suppliers or sub-contractors (including Third Party Providers) (Force Majeure Event).

18. DISPUTE RESOLUTION

The parties must, before resorting to court proceedings (except interlocutory or interim relief), refer any dispute under or relating to this Agreement initially to a nominated representative of each party to endeavour to resolve the dispute within 20 days. If the dispute is not resolved with this period, then either party may initiate court proceedings. Notwithstanding the existence of a dispute, each party must continue to perform its obligations.

19. NOTICES

  • By using the One Will Solution, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website.
  • You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents be in writing.
  • Notice will be deemed received and properly served immediately when posted on the One Will Solution or 24 hours after an email is sent to you. As proof of service, it is sufficient that the email was sent to the email address specified by you in your Account.

20. DIRECT DEBIT AUTHORITY

  • By accepting this Agreement, you authorise us to arrange for the Subscription Fees to be debited from your credit card or bank account (as applicable) every 12 months (Direct Debt Authority).
  • You may cancel, defer or change your Direct Debit Authority by notifying us in writing at least 14 days before the day on which your next debit is due. If you cancel or defer Direct Debit Authority, One Will may not be able to provide you with access to, and use of, the One Will Solution and Services, unless you provide us with new Direct Debit Authority.
  • It is your responsibility to ensure that there are sufficient funds available on your credit card or bank account (as applicable) to allow each debit to be made in accordance with the Direct Debit Authority. If there are insufficient funds:
    • the transaction will be rejected and the payment will be treated as if it were never made;
    • your financial institution may charge you a fee and/or interest; and
    • you must arrange for the debit to be made by another method or arrange for sufficient funds to be available by an agreed time so that we can process the debit.
  • It is your responsibility to check your credit card or bank account statement (as applicable) to verify that the amounts debited from your credit card or bank account are correct.
  • If you believe that an error has been made in debiting your credit card or bank account (as applicable), you should notify us as soon as possible in writing and One Will will promptly investigate and we will adjust your credit card or bank account balance as required.
  • If you cancel the Direct Debit Authority, your right to access and use the One Will Solution and Services will cease at the end of the current term.

21. CHANGES

  • One Will reserves the right to change any provision of this Agreement in any way and we may, in our absolute discretion, add or remove any function or feature of the One Will Solution, or suspend, add or discontinue all or any part of the Services provided in connection with the One Will Solution by providing you with reasonable written notice or by otherwise posting it on the One Will Solution.
  • If you do not agree to these changes, you may terminate the Agreement by providing us with written notice, no later than 14 days after the date you received written notice of the changes, or the changes were posted on the One Will Solution.

22. GENERAL

  • A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
  • If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, then the other provisions shall remain in force.
  • If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, then the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
  • This Agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter which they cover.
  • Neither party shall, without the prior written consent of the other party (which will not be unreasonably withheld), assign, transfer, or deal in any other manner with all or any of its rights or obligations under this Agreement, except that One Will may assign, sell or transfer its rights or obligations under this Agreement to a bona fide third party purchaser of the One Will’s business.
  • 24.6. Nothing in this Agreement is to be construed as constituting a partnership, employment relationship, joint venture, or any other form of association between the parties in which 1 party may be liable for the acts or omissions of any other party.
  • Clauses 2, 7(d), 8 11, 15, 16, 17, 18, 19, 20, 21, 22 and this clause 24 and any other obligation which is expressed to, or by its nature, survive expiry or termination of this Agreement, will survive expiry or termination of this Agreement and are enforceable at any time at law or in equity.
  • If there is any inconsistency between this Agreement and the term of any other document referred to in this Agreement, this Agreement shall prevail to the extent of any inconsistency.
  • The laws of the state of South Australia, Australia govern this this Agreement. The parties agree to submit to the exclusive jurisdiction of the courts of South Australia, Australia.

23. CONTACT US

If you have any questions about this Agreement, please contact us via [email protected]

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Disclaimer: OneWill is an application that allows you to create your own will and other estate planning coverage. OneWill is not a law firm and does not offer legal, financial, taxation or other advice. Please seek legal advice from a law firm if you are unsure whether our estate planning solutions are suitable for your personal circumstances.

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