Willbur Pty Ltd ACN 628 553 686 trading as “Willfred” (“We” or “Willfred”) operates an online platform where Users can securely create, manage and update their will (“Application”). By accessing or viewing this website, www.willfred.co (“Website”) or using the Application, you agree to comply with these terms and conditions (“Terms”).

Any reference to “you” or the “User” includes any person who accesses or uses this Website or the Application.

1. Nature of Information

• a. Any information provided by us under this Website or the Application are of a general nature only.

2. Use of the Website

• a. Whilst we will use our best endeavours to ensure that this Website is free from viruses, we make no such warranty that it is, and it is your responsibility to ensure that this Website does not expose you to any viruses or other code that is harmful or may cause harm.
• b. You must only use this Website for lawful purposes, which may include:
  • i. browsing any part of this Website solely in order to view it; or
  • ii. using the Application.
• c. Email addresses, contact forms and any other communication forms that appear on this Website are for professional communications only and must not be used to send unsolicited messages.

3. Access to the Application

• a. You must be at least 18 years of age to access and use the Application.
• b. In order to access and use the Application, you must first create an account with us (“Account”). When you create an Account, you will receive a confirmation email from us.
• c. By creating an Account, you agree that all information provided by you is true and correct and that you will maintain and update this information in order to keep it current, complete and accurate.
• d. You are solely responsible for maintaining the confidentiality of your password and Account and for any and all statements made and acts or omissions that occur through the use of your Account. Therefore, you must take steps to ensure that others do not gain unauthorised access to your password and Account. You may not transfer or share your Account with anyone other than in accordance with these terms, and we reserve the right to immediately terminate your Account if you do transfer or share your Account.
• e. The price for the Application is $38 inclusive of GST (“Subscription Fee”) per annum (“Subscription Period”). Prices are in Australian dollars unless otherwise stated.
• f. Once you have created an Account, you will be required to complete your personal profile and pay the Subscription Fee before creating a will. Payment is accepted by credit or debit card via an online payment facility, Stripe.
• g. Your Account will be automatically renewed at commencement of each Subscription Period and the Subscription Fee automatically debited using the same payment method unless otherwise notified or cancelled by you.
• h. All payments made are non-refundable and non-transferable except as set out in clause 7 or unless otherwise required by law.

4. Use of the Application

• a. The Application allows you to create a single will by automatically processing information provided by you. Your will may be updated at any time provided you have an active Account.
• b. Depending on the information you have provided and the communication preferences you have selected, we may provide you with automated emails reminding you to amend or update your will (“Prompts”). You acknowledge that we are under no obligation to provide you with Prompts, and that you are solely responsible for ensuring that your will is current and up to date.
• c. You acknowledge and agree that you will not use the Application for any illegal purpose, for example, nominating any illegal entities, such as terrorist organisations, as beneficiaries. We are not responsible for any claim, loss or damage which may result from you using the Application for any illegal purpose.

5. Execution of the Will

• a. You acknowledge that your will may have no or limited legal effect, validity or operation unless it has been properly executed in accordance with the governing law of your jurisdiction.
• b. Whilst the Application may provide certain functionalities for your will to be executed and witnessed online, we do not warrant or guarantee that any such execution is valid and such functionalities are not intended to be taken as, nor act as a substitute for, Legal Advice.
• c. You consent and agree to the will being signed electronically with the intention that your signature will have the same force and effect as a manual signature. Delivery of a copy of the will or any other document contemplated under it bearing an original or electronic signature via any electronic or online communication system will have the same effect as physical delivery of the paper document bearing an original or electronic signature.
• d. We are not responsible for any claim, loss or damage which may result from any failure to properly execute the will in accordance with the governing law of your jurisdiction.

6. Access to the Will

• a. The Application allows you to nominate an individual/s (“Executor”) as the executor/s of your will, and to change and update the Executor details.
• b. Your will shall be automatically sent via email to the Executor upon the execution of your will. You acknowledge and agree to update and/or change the Executor’s details where appropriate to ensure that your will can be accessed by the Executor in the event of your passing.
• c. We are not responsible for any claim, loss or damage which may result from any failure to nominate an appropriate individual as Executor, any failure to immediately change your Executor details when your current Executor becomes unable to fulfil their responsibilities, any issue relating to the Executor’s ability to access your will in the event of your passing, or any unauthorised distribution of your will by the Executor.

7. Cancellations and Refunds

• a. You may cancel your Account or discontinue your use of the Application at any time.
• b. We may cancel your Account and terminate your access to the Application immediately if you breach these Terms or do anything which may cause loss or damage to us.
• c. If your Account is cancelled, we cannot guarantee that any data or information associated with that Account will still be accessible, including details in relation to your will, and we reserve the right to delete this information.
• d. Subject to the following clauses, if you cancel your Account and cease to use the Application, you will not receive a refund for the Subscription Fee you have already paid for the remainder of the current Subscription Period.
• e. You have a number of rights and consumer guarantees under Australian Consumer Law, including that the Application is fit for purpose, provided with acceptable levels of care and skill, and provided within a reasonable time-period.
• f. If during your use of the Application we do not meet the guarantees above, please contact us immediately and provide us with details and evidence (if possible) of the problem.
• g. If the Application is confirmed to have a major problem and you have already paid the Subscription Fee, we will refund all or part of the Fee (as applicable) to your original payment method at your request. The applicable refund amount will be determined by the nature of the problem and the degree to which you may have been partially responsible for the problem.
• h. We do not offer refunds where you insisted on having services provided in a particular way against our advice or contrary to the configuration of the Application, failed to clearly explain your needs to us, simply changed your mind, or were unable to use or access the Application due to issues outside of our control.
• i. Nothing in this clause is intended to exclude any of your statutory rights as a consumer under Australian Consumer Law.

8. No Legal or Financial Advice

• a. For the purposes of these Terms, “Legal Advice” and “Financial Advice” means any communication, advice or services which are ordinarily performed by or under the supervision of a properly qualified or licensed legal or financial practitioner (respectively), including but not limited to:
  • i. advice on the content and nature of your will;
  • ii. advice on the most appropriate will and other documents that are most suitable for your personal circumstances;
  • iii. advice on the consequences that could arise from the enforcement or application of those documents;
  • iv. whether the will you generate is clear, complete, appropriate and/or adequate for your personal circumstances.
• b. We are neither a law firm nor a financial advisory firm and do not engage in legal or financial advisory practice. As such, the Application and any services provided by us do not constitute Legal Advice or Financial Advice and should not be relied upon as such. You should always consult a legal and financial advisor to ensure that your will and associated documents are appropriate for your circumstances.
• c. Any use of the Application is not intended to, and does not, create a lawyer-client relationship. Any communications with us are not bound by legal professional privilege.
• d. Willfred is designed for individuals with straightforward personal and financial circumstances and wills are neither prepared nor reviewed by any human person at any stage of the generation process.
• e. You acknowledge that there are risks associated with preparing a will without Legal or Financial Advice, including that your will may be incomplete, inappropriate, inaccurate, improperly prepared or improperly executed.
• f. You accept full responsibility for determining the completeness, appropriateness and accuracy of any will generated using our Application, and for obtaining appropriate Legal or Financial Advice as to the completeness, appropriateness and accuracy of any will generated by the Application.

9. Limitation of Liability

• a. Except as otherwise provided at law, we make no additional warranties or representations about the accuracy, completeness or fitness for any purpose of the contents of this Website or the Application.
• b. This Website may contain links to external websites. We do not control the content of those websites or endorse them in any way and accept no liability in relation to the quality or accuracy of any content on other websites or of any breaches of law by those other websites.
• c. We are not responsible for any claim, loss, injury, liability, demand, costs, including legal costs, expenses or damage (“Claim”) arising from, related to or in any way connected to the enforcement or operation of your will.
• d. To the extent permitted by law, we accept no responsibility and exclude all liability to you on any basis for any Claim, however caused, which you may suffer in relation to your use of this Website and the Application.
• e. You agree to indemnify and hold Us harmless from all Claims arising from your use or misuse of this Website or the Application, your negligence or your breach of these Terms.

Intellectual Property

• a. Unless otherwise indicated, we own or have the rights to use:
  • i. all copyright in this Website, the Application and their contents;
  • ii. all intellectual property, including patent or design rights, in the Application; and
  • iii. any trade names or trade marks associated with the Website and the Application.
• b. You must not in any way copy, reproduce, replicate, reverse engineer or imitate any part of our Website or Application.
• c. You must not in any way reproduce, publish, communicate or adapt any part of this Website, including any these Terms, without our prior written consent.
• d. We reserve all rights in relation to all intellectual property.

General

• a. We may, in our absolute discretion, change these Terms from time to time without notice to you.
• b. Parts of this Website may not be updated regularly and may therefore be out of date.
• c. Details of how we collect, use and disclose your personal information is contained in our Privacy Policy and forms part of these Terms.
• d. If any part of any of these Terms is void, then the part that is void may be severed.
• e. These Terms, your use of this Website and the Application and any dispute arising out of these are governed by the laws of the State of Victoria, Australia.