Making a Will online has never been so simple
Ewills Terms of Service
Thank you for using Perpetual Guardian's ewills and for visiting our website. Please read these Terms of Service ("Terms") carefully before using the services and website www.ewills.co.nz ("Services") provided by Perpetual Guardian ("us", "we", or "our"). These Terms apply to all visitors, users and others who access or use the Services. By using the Services, you acknowledge that you have read and accepted these Terms.
You must be at least eighteen years of age to use the Services. By using the Services and by agreeing to these Terms you warrant and represent that you are at least eighteen years of age.
The Services and 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 “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 practicably possible and, where possible, you must keep any information you use as part of the Services updated to ensure it remains accurate. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account on our Services.
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. We reserve the right to disable any user identification code or password whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with these Terms.
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 are responsible for the acts and omissions of any persons making use of your account. 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.
Where, at any time, we become aware that you are not complying with these Terms, we reserve the right to suspend or terminate your access to the Services and will notify you in the event this occurs.
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.
You may cancel your account at any time but you will not be provided with a refund of any monies already paid to us.
We reserve the right to suspend, terminate your account or end the Services at any time at our discretion and without notice. We may suspend or terminate your use of the Services if you are not complying with these Terms, or you use the Services in a manner that is in breach of the Terms and would cause us legal liability, you disrupt the Services or disrupt others' use of the Services. Except for paid accounts, we reserve the right to terminate and close your account if you have not accessed our Services for 12 consecutive months. We will provide you with notice via the email address you have provided to us before closing your account. It is your responsibility to ensure that this email address is kept up to date.
Services "AS IS"
We strive to provide great services, but there are certain things that we can't guarantee. 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 Services. We also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement of the Services.
Limitation of Liability
Subject to any rights you have under the Consumer Guarantees Act 1993, to the fullest extent permitted by law, in no event will Perpetual Guardian, its affiliates, suppliers or distributors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential damages or any loss of use, or theft of personal information, business data, or profits, regardless of legal theory, whether or not Perpetual Guardian has been warned of the possibility of such damages, (b) aggregate liability for all claims relating to the Services more than the amounts paid by you for access to the Services during the preceding 12 month period prior to such claim.
These Terms and the provision of the Services will be governed by New Zealand law and you submit to the exclusive jurisdiction of the courts of New Zealand in respect of these Terms and the Services.
These Terms constitute the entire agreement between you and Perpetual Guardian with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
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.
You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
As a condition of your use of the Services, 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 (a) any violation of you by these Terms; (b) the content of any incorrect information you (or anyone using your account) submit, post, or transmit on or through the Services; (c) your (or anyone using your account on your behalf's) inappropriate use of the Services, or (d) any negligent acts, errors, or omissions of you, your agents, or contractors.
Ewills is used by our clients to provide personal details to us for the purpose of drafting wills and we're proud of the trust placed in us. In exchange, we trust you to use our Services responsibly. You are prohibited from doing any of the following:
• probe, scan, or test the vulnerability of any system or network connected to this website;
• breach or otherwise circumvent any security or authentication measures;
• access, tamper with, or use parts of the Services, or shared areas of the Services you haven't been invited to;
• interfere with or disrupt servers or networks used to provide the Services or used by other users' to access the Services, 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 Services
• access or attempt to access other users Vault accounts, or computer systems or networks not covered by these Terms, through password mining or any other means;
• send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
• abuse the Services in a manner that circumvents their storage space limits; or
• use the Services to violate the law in any way.
Fees and Purchases
The cost of the Services is set out on this website and may change from time to time. Unless otherwise stated, these prices include GST.
If you make a purchase using the Services ("Purchase"), 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 and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us 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: Services availability, errors in the description or price of the Services, error in your order, if fraud or an unauthorised or illegal transaction is suspected or other reasons.
We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account. 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.
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.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If the modifications have a detrimental effect on you, then you can terminate your account in accordance with these Terms. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.