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Ewills & WILLplus Terms of Service
1. Ewills Terms of Service
The Services including any original content, features and functionality used as part of the Services are and will remain the exclusive property of Perpetual Guardian and its licensors. The Services are protected by copyright, trade mark and other laws of both New Zealand and foreign countries. Our trade marks and copyright material may not be used in connection with any product or service without the prior written consent of Perpetual Guardian.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. An account is automatically created with your email address when you provide us a password on the “Your Details” page.
If you become aware that any information you have provided to us is incorrect, you must let us know as soon as is practicable. We recommend you keep information used as part of the Services updated to ensure it remains accurate. In providing any information to us, whether in relation to you or a third party, you must have appropriate authorisation to disclose such information for the purposes it will be used by us. In providing such information, you agree to comply with the Privacy Act 1993 and any obligations owed to any third party.
If you choose, or you are provided with, a user identification code, password or other piece of information as part of our security processes, you must treat such information as confidential and you must not disclose this to any third party.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You will promptly notify us on becoming aware of any third party using, or becoming aware of, your confidential information (for example, your user identification code or password). You will immediately take all necessary steps to change the password associated with any account that has been compromised.
You will provide us with personal and private data including family information, assets and your Will instructions. Your data will be used to draft your Will and deliver the Services. It is your sole responsibility to ensure your data is accurate, complete and error free. Perpetual Guardian is under no obligation to confirm or validate the information that you provide in its provision of the Services.
We will meet our obligations under the Privacy Act 1993, including for collecting, using and storing your data.
2. WILLplus Terms of Service
Scope of Services
The WILLPlus Service is comprised of:
1. An annual update of your Will, allowing you to ensure that it reflects your current circumstances. This service allows you to do any of the following:
· Change your executor;
· Change your guardian(s);
· Add, remove gifts or change current gifts e.g. the amount gifted;
· Add or remove beneficiaries.
We reserve the right to recommend an appointment with one of our advisers if the changes you wish to make require legal advice or are considered more than simple changes.
2. Access to our myDigitalVault secure digital storage services ("Vault"), allowing you to electronically:
· Store; and
· Have online access to your Will and other important documents anytime, anywhere.
Important documents include but are not limited to your Wills, Enduring Powers of Attorney, Trust documentation, insurance policies, identity information and asset documentation.
3. Secure physical storage of your original Will.
4. Expert help for your loved ones following your death through our Bereavement Help service, either online or over the phone.
Fees and Payment
The WILLplus annual fee is $34.95 (including GST) (“WILLPlus fee”). Fees are paid in accordance with your credit card payment on the ewills site. The WILLplus fee is subject to change in accordance with our WILLplus Standard Terms. We will inform you when your subscription is due for renewal including any change to the WILLplus fee.
Your Vault account will remain in effect until it is cancelled under these Terms. You will receive a reminder email 30 days after payment was due. You will then be provided a further 30 day grace period to remove your content. If you do not pay on time, we reserve the right to suspend your use of the services at which point you will no longer have access to your Vault account.
Your Details, Documents & Permissions
When you use our Services, you provide us with certain digital files including content, documents, email messages and so on ("Your Details and Documents"). These Terms do not give us any rights to Your Details and Documents except for the limited rights that enable us to offer the Service. We need your permission to store digital copies of Your Details and Documents, back them up, and share them with specified people when you ask us to. This service may require our systems to access store and scan Your Details and Documents. You give us permission to take such actions, and this permission extends to any trusted third parties we work with.
You are responsible for your conduct and Your Details and Documents. Content in the Vault may be protected by others’ intellectual property rights. Please do not copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms but we are not responsible for the content and documents shared within the Vault. Please safeguard your password to your Vault account, make sure that others do not have access to your password.
We respect the intellectual property of others and ask that you do too. We reserve the right to delete or disable content alleged to be infringing copyright and terminate accounts of repeat offenders.
You agree to responsible use of the Vault service, For example you must not:
· Probe, scan, or test the vulnerability of any system or network connected to the Vault;
· Breach or otherwise circumvent any security or authentication measures without proper authorisation;
· Access, tamper with, or use other users Vaults and non-public areas or parts of the Vault;
· Interfere with or disrupt servers or networks used to provide the Vault service or used by other users' to access the Vault, or violate any third party regulations, policies or procedures of such servers or networks, or harass or interfere with another user's full use and enjoyment of the Vault;
· Send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
· Abuse the Vault in a manner that circumvents its storage space limits;
· Engage in any conduct prohibited by New Zealand law; or
· Store material of any sort which violates the laws of New Zealand in any way. Perpetual Guardian reserves the right to temporarily suspend your access where the stored material is believed to be in breach of New Zealand law.Finally, by using our Service, you are confirming to us that you are over 18.
Fees and Purchases
We may change the fees but will give you advance notice of these changes via a message to the email address associated with your account. Any changes to fees would come into place on the automatic renewal of the annual subscription. Changes to fees will not be made during the subscription year. We will bill you on the assumption that you accept the new fee unless you have notified us via email in advance within 30 days of the new fee cycle.
If you make a purchase using the Services, you will be asked to supply certain information relevant to your purchase including (without limitation) your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent that you have the legal right to use any credit card(s) to purchase services and that the information you supply to Perpetual Guardian is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to the availability of services.
You are free to stop using our Service at any time. We also reserve the right to suspend or terminate all or any of the Service at any time at our discretion and without notice, where we believe we have a valid reason for doing so. Upon suspension or termination, we will provide you with notice via the email address associated with your account.
Service "AS IS"
To the fullest extent permitted by law, Perpetual Guardian and its affiliates, suppliers and distributors make no guarantees, warranties, either express or implied, about the Service. The Service is provided "as is". To the fullest extent permitted by law, we also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement of the Service.
Limitation of Liability
To the fullest extent permitted by law:
· In no event will Perpetual Guardian, its affiliates, suppliers or distributors be liable for any indirect, special, incidental, punitive, exemplary or consequential damages or any damage to, or loss of, any original documents or copies of original documents held by Perpetual Guardian, or any loss of profits or loss of use, or theft, of personal information or business data, regardless of legal theory, whether or not Perpetual Guardian has been warned of the possibility of such damages; and
· The maximum aggregate liability of Perpetual Guardian, its affiliates, suppliers and distributors for all claims relating to the Service in any 12 month period will be limited to the amounts paid by you for access to the Service during that 12 month period.
As a condition of your use of the Service, you agree to indemnify, defend, and hold harmless Perpetual Guardian, its directors, employees, shareholders, agents, attorneys, affiliates, suppliers, successors, and assigns from and against any and all liability, loss, claim, demand, suit, proceeding, damage, cost, and expense, including reasonable attorney’s fees and costs, arising out of or resulting from:
· Any violation of you by these Terms;
· The content of any information you (or anyone using your account) submit, post, or transmit on or through the Vault;
· Your (or anyone using your account's) use of the Vault; or
· Any negligent acts, errors, or omissions of you, your agents, or contractors.
We may revise these Terms from time to time, and will always post the most current version on our client portal on our website. If a revision meaningfully reduces your rights, we will notify you. By continuing to use or access the Service after the revisions come into effect, you agree to be bound by the revised Terms.
These Terms and the provision of the Service will be governed by New Zealand law except for its conflicts of laws principles and you submit to the exclusive jurisdiction of the courts of New Zealand in respect of these Terms and the Service.
Waiver, Severability & Assignment
Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Perpetual Guardian may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.
Third party software
In order to provide the Services or support links to other websites, it may be necessary to use particular computer equipment or to download or install certain pieces of software. If you are unable to access all or part of the Services because it does not automatically include access to any necessary software or equipment, this will not constitute a breach of the Terms. To the fullest extent permissible by law, we will not be liable for any loss, damage or expense which may result from your inability to access or use the Services.
 Perpetual Guardian is the trading name of The New Zealand Guardian Trust Company Limited and Perpetual Trust Limited. In this case you will be provided service by The New Zealand Guardian Trust Company Limited.