Terms and Conditions

1 Acceptance

(a) WillSecure is a software service operated by lawlab Pty Ltd ACN 109 721 833 (lawlab).
(b) These terms and conditions (Terms) govern the use of WillSecure.
(c) By using WillSecure, you accept these Terms.

2 Incorporated Terms

2.1 Costs Agreement

By agreeing to these Terms, you agree to the lawlab Costs Agreement accessible here.

2.2 Privacy

By agreeing to these Terms, you agree to the lawlab Privacy Policy accessible here.

3 Your key obligations

(a) You agree that WillSecure is only intended to be used if all the following apply:
- (i) you are a person with relatively straightforward testamentary affairs;
- (ii) you are dealing with Australian assets only;
- (iii) you intend on giving all your assets to a single beneficiary (such as your spouse) – although you may nominate residuary beneficiaries if the main beneficiary is unable to inherit or does not survive you by 30 days - (such as your children);
- (iv) if you wish to give to your children, they will inherit only when 21 years old – subject to your executor deciding to give any inheritance earlier;
- (v) if you have grandchildren, and your children predecease you, then your children’s share of your estate will go to the grandchildren in equal shares;
- (vi) you will appoint an executor and trustee to administer the will; and
- (vii) you agree to give the executor and trustee broad powers to undertake their role.
(b) While you may access and explore WillSecure, you will not generate a will using WillSecure if your testamentary affairs fall outside of the capabilities listed at 3(a). If you need a will with more complexity, please contact us about our comprehensive will service.
(c) You agree that you:
- (i) are, at least, 18 years old;
- (ii) are legally capable of entering binding contracts;
- (iii) can understand these Terms without translation assistance;
- (iv) are not impersonating, or using WillSecure on behalf of, any other person;
- (v) are an authorised agent, if you are using WillSecure on behalf of another;
- (vi) have full testamentary capacity including that you understand:
  - (A) the nature and the act of making a will;
  - (B) the effects a will has for your intended beneficiaries; and
  - (C) the property which is being disposed and to whom.
(d) You agree to:
- (i) provide accurate information when using WillSecure;
- (ii) review the Wills Guide and any instructions given by WillSecure;
- (iii) review the will generated by WillSecure to ensure it reflects your inputs;
- (iv) make your own assessment about whether a WillSecure will is appropriate;
- (v) not sign any will generated by WillSecure if it does not reflect your inputs; and
- (vi) follow the instructions in the will for signing, caring for, and returning your will.
(e) Lawlab does not:
- (i) know your individual circumstances beyond your inputs into WillSecure; or
- (ii) guarantee the accuracy or completeness of your inputs into WillSecure.
(f) WillSecure, and any will it generates:
- (i) does not constitute financial or tax advice;
- (ii) constitutes legal advice but only to the following limited extent:
  - (A) that the will template results in a valid and binding will;
  - (B) that the questions asked by WillSecure may constitute legal advice;
  - (C) that the wills guide may constitute legal advice;
  - (D) that the signing instructions may constitute legal advice; and
  - (E) that the manual review of any will generated by WillSecure to check that such a will reflects your inputs may constitute legal advice.
(g) You will not use WillSecure for business purposes.
(h) You agree to keep your username and password confidential.
(i) You agree not to alter any will generated by WillSecure without lawlab’s consent.

4 License

(a) Subject to these Terms, you are granted a personal, non-assignable, and non-exclusive licence to access and use WillSecure including in respect of any will it generates.
(b) Your licence does not authorise you to:
- (i) frame or mirror any part of WillSecure;
- (ii) copy, modify, adapt, distribute, sell, or licence any part of WillSecure; or
- (iii) reverse engineer, decipher, decompile, disassemble, or extract WillSecure code; or
- (iv) access or use WillSecure in a way that constitutes a breach of law or social norms.

5 Fees

(a) You agree to pay the fee presented by WillSecure before a will is generated.
(b) The fee presented by WillSecure is a cost disclosure under the Costs Agreement. It has the effect of amending or superseding any amount in the Costs Agreement.
(c) The work under the Costs Agreement is defined by the scope of these Terms.

6 Termination

Lawlab may:

(a) terminate, suspend, or limit access to WillSecure at any time without notice; or
(b) refuse to provide to you with a will generated by WillSecure at any time without notice.

7 Privacy

(a) You do no need to provide lawlab with your personal information simply to access and explore WillSecure. However, a will cannot be generated by WillSecure unless you do.
(b) If you do provide your personal information, you agree that lawlab may collect, store, use, and disclose your personal information in accordance with the lawlab Privacy Policy.

8 Intellectual Property

(a) WillSecure is a trademark registered to lawlab. You have no permission to use the WillSecure trademark nor to remove it from any will generated by WillSecure.
(b) All copyright in WillSecure is owned by (or licenced to) lawlab. The use of WillSecure does not result in any transfer of copyright to you beyond the limited licence in clause 4.

9 Liability

9.1 Disclaimer

You agree:

(i) that lawlab is not liable for any loss or damage including consequential loss (and for costs) that you or anyone may experience because of using WillSecure; and
(ii) to release lawlab from all claims and actions (including for costs), present and past, which you may have because of your use of WillSecure,

including any exercise by lawlab of clause 6.

9.2 Indemnity

If you breach these Terms, you indemnify lawlab for any loss or damage caused thereby.

9.3 Instructions

Lawlab takes no responsibility to advise you that any inputs (or instructions) you put into WillSecure are appropriate for your circumstances beyond what such inputs reveal at face value. If you want lawlab to undertake a comprehensive review of your circumstances, you must contact lawlab. There will be additional fees for such a review.

9.4 Refund

Lawlab’s liability for your use of WillSecure is limited to a refund of any clause 5 fee.

10 Variation

(a) Lawlab may update these Terms from time to time. Each time you use WillSecure, you must agree to the Terms as they then are. If you do not wish to agree to the updated terms, you can contact lawlab which will assist you to gain access to your stored will.
(b) The publication of updated Terms does not extinguish these Terms. These Terms will continue to apply to any use undertaken during their currency unless specifically amended by the publication of updated Terms that you then accept.
(c) WillSecure is subject to change. You agree that you have no recourse against lawlab if WillSecure is changed in any way. However, if you do not wish to use WillSecure as updated, you can contact lawlab which will assist you to gain access to your stored will.

11 Third Party Products

WillSecure may use third party products and services to make WillSecure function. For the purposes of these Terms, WillSecure also means any such third party products.

12 General

12.1 Entire agreement

These Terms are an entire agreement about its subject matter and supersedes all previous agreements, understandings, and negotiations on that subject matter.

12.2 Severability

If any of these Terms is void or unenforceable, it is severed but only to that extent.

12.3 Jurisdiction

(a) These Terms are governed by the laws of New South Wales.
(b) The parties submit to the exclusive jurisdiction of the courts of New South Wales.

12.4 No waiver

Any failure to assert a right under these Terms will not constitute a waiver of such right.

12.5 Notices

Any notice under these Terms must be in writing and must be given in a typical manner. If you wish to give notice to lawlab, please send an email to support@lawlab.com.au.