Terms and Condition of Use

Last updated: February 2023

1. Introduction

• Welcome to the One Will Website.
• This Website is created and controlled by One Will Pty Ltd (ABN 62 621 580 210) trading as ‘One Will’ (‘we’, ‘us’, ‘our’ or ‘One Will’).
• OneWill provides users with access to:
  • its Website - www.onewill.com.au (the 'Website');
  • its applications (accessible via Apple Appstore or Google Play Store) (the ‘Application’);
  • the estate planning solution (the ‘One Will Solution’); and
  • other associated products and services , (collectively, the ‘Services’).

• The access to and use of the Services is subject to these Terms and Conditions of Use (‘Terms’), Privacy Policy (accessed here: https://onewill.com.au/privacy-policy/); the OneWill Solution Terms and Condition (accessed here: https://onewill.com.au/onewill-solution-terms-and-condition/); and other guidelines outlined on the Website, Application or One Will Solution.

2. Acceptance of Terms

• Please read these Terms carefully before accessing or using our Website.  
• By accessing or using the Website in any way, you agree to be bound to these Terms and to any amendments which may be made from time to time in the manner provided in these Terms.
• One Will may also require you to acknowledge and accept other terms and conditions on the Website, Application or One Will Solution.
• If you do not agree with the Terms, you must immediately cease using the Website and receiving the Services.

3. Information provided on this Website

• The purpose of this Website is to provide you with information about estate planning solutions and to assist you with creating a will. The information and material contained on this Website does not take into account your individual needs, objectives or circumstances, and it is does not constitute legal, financial, taxation or other advice. Any reliance on, and use of, the information and material contained on this Website is at your own risk.
• We do not warrant the accuracy or completeness of the information and material provided on, or via, the Website and we are under no obligation to update this information or material nor notify you of any changes unless required by law. We assume no responsibility or liability for any such inaccuracies, errors or omissions, and we are not liable to you or anyone else for any use or reliance upon any information or material contained on, or via, the Website.
• No lawyer-client relationship is created between you and One Will in connection with your access to, and use, of the Website or the One Will Solution. Any information that you provide to us will not be subject to lawyer-client privilege. If you are unsure whether our estate planning solutions are suitable for your personal circumstances, we recommend that you seek further specialised legal advice by an independent law firm. Let us know if you would like One Will to refer you to one of its affiliated law firm.

4. Access and Use of this Website

• We will not be liable to you or anyone else if for any reason the Website and the estate planning solutions contained therein are unavailable (wholly or partly) at any time or for any period.
• Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the estate planning solutions, information and content we provide on, or via, the Website at any time without notice. From time to time, we may restrict access to some parts of the Website (wholly or partly).
• When accessing and using the Website, you must not misuse, disrupt, impair or undermine the security or integrity of the Website or our computing systems or networks, or any computing systems or networks involved in maintaining this Website, or gain unauthorised access to any systems or materials other than those you have been given express permission to access.
• You must not use this Website to post, distribute or transmit any files that may damage any other person’s computing devices or software (including any virus, worm, Trojan, or other harmful software or component), content or material that may be offensive, or material or data in violation of any law.

5. Liability and Disclaimer

• The Internet is not a secure medium and communications to and from this Website may be intercepted or altered in transit. We do not warrant and is not liable to you or any third person for any loss or damage arising out of, or in connection with, any virus, system failure or other technologically harmful material that may infect your computer equipment, systems, or data due to your access to, or use of, this Website or any links to third party sites, and for the downloading of any material posted on this Website or any third party site.
• The Website, any information or material displayed on, or via, the Website and the One Will Solution are provided to you ‘as is’ and ‘as available’ without warranty conditions or guarantees as to their accuracy, completeness, timeliness, reliability, currency or fitness for purpose. It is your sole responsibility to determine that the Website, information made available on the Website and our estate planning solutions meet your personal needs and is suitable for the purposes for which it is used.
• To the maximum extent permitted by law, we exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with access to, and use of, the Website, our estate planning solutions, or any information or material displayed on, or via, the Website, any social medial pages and third party sites linked to it.Nothing contained in these Terms 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.
• To the maximum extent permitted by law, we, our directors, employees, contractors and agents will not be liable to you or anyone else for any for any labilities, claims, suits, demands, costs and expenses (including legal costs), damage or injury (including personal injury), or any special, direct, indirect or consequential loss or damage, or contracts, loss of anticipated or actual profits, loss arising from business interruption, loss of anticipated or actual revenue, economic loss, loss of anticipated savings, loss of data, loss of use, loss or privacy, loss of goodwill, wasted management or office time, loss of inheritance or the opportunity to inherit, loss of bequeathment or legacy or the opportunity to receive a bequeathment or legacy, legal, financial and professional fees, expenses and costs (including court or government fees) incurred or suffered in connection with an application for probate or letters of administration and for any other loss or damage of any kind, arising out of, or in connect with, the Website, any social medial pages and third party sites linked to it, the use or inability to use, or reliance on, the Website, any information or material displayed on, or via, the Website, the OneWill Solution or these Terms.
• Without limitation to the foregoing, you agree that in no event will our maximum aggregate liability exceed an amount equal to the total paid by you to us for the provision and receipt of our goods and services.

6. Intellectual Property

• All information, text, materials, graphics, logos, button icons, video and audio clips, trade marks (whether registered or not), layout, control features, advertisements, arrangement, graphical user interface, look and feel, databases, images, links, and software published or otherwise contained on this Website (Our Content) is our exclusive property. This Website and Our Content is protected by copyright, trade mark and other intellectual property laws.
• You may download and print Our Content from this Website for your own personal or internal business purposes only. You are not allowed to modify, adapt, copy, distribute, transmit, display, reproduce, publish, license, incorporate in other works (whether electronic or not), transfer, or sell any of Our Content found on or obtained from our Website, or our social media sites, without our written consent.

7. Third Party Links

• Links to other sites from the pages on this Website are for your information and convenience only. In providing a link we do not endorse, and accept no responsibility for any material on, any site that is linked from, or that links to this Website. Such sites may be controlled or produced by third parties. You must make your own decision to use such sites and to accept their Terms and privacy and other policies.
• You must not create or maintain any link from another Website to this Website without our written consent. To request our written consent, please contact us at [email protected].
• We do not recommend or endorse any third party goods, services or content appearing on, or via, this Website, or any user generated content appearing on or via social media pages or other sites which are linked to this Website, nor imply any association with their owners or operators. Such third party references or links are provided for your information and convenience only. Your linking to or from these sites, or use of, or reliance on, such sites, products or services is at your own risk. We have no control over the contents, quality, integrity of those third party sites, products or services, and we accept no responsibility for them or for any loss or damage that may arise from your access to, and use of, them (notwithstanding anything else contained herein or otherwise).

8. Amendments

We reserve the right to change, update, or correct the Terms or any information contained on the Website at any time without notice by posting amended Terms to the Website. Your continued use of the Website means that you accept and agree to the revised Terms. If you do not accept these Terms (as amended from time to time), you should stop accessing and using the Website immediately.

9. General

• Any failure or delay by us in enforcing any provision in these Terms will not be construed as a waiver of any of our rights hereunder. No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.
• No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms.
• If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
• These Terms are governed by the laws of the State of South Australia, Australia and each party submits to the jurisdiction of the Courts of the State of South Australia, Australia.

10. Further information

• If you have any queries or would like further information about these Terms, our Website, our Applications, the OneWill Solution, or any of the Services which One Will provides, please contact us at [email protected].