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Terms & conditions

Is Will Wizard a law firm?

No. Will Wizard relies on the sophisticated documentation and advice of third party specialist estate planning solicitors who have over 30 years of experience drafting comprehensive Wills that provide testamentary trusts and other modern risk minimising provisions. But Will Wizard itself is not a law firm. We are an incorporated Australian company that merges your preferences and nominations with sophisticated legal documentation via our online technology.

 

By removing our customer’s need to meet with a lawyer in person, we are able to provide high-end modern estate planning Wills and support documents at a fraction of the cost of meeting with a specialist estate planning lawyer in person. 

Our mission is to provide Australian families with access to affordable and comprehensive Wills that provide testamentary trusts. Please see our full terms and conditions below.

Will Wizard® Terms and Conditions

Will Wizard Australia Pty Ltd |  ACN 635 078 821

The following are the terms and conditions (the "Terms") for the use of the Will Wizard® web site (the "Site"), Will Wizard ® Products, and related material.

​General

​With each visit to the Site you signify your agreement to these Terms.

​Will Wizard® Material is defined as any intellectual property, legal materials, documents, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by Will Wizard® or the Site, including any portion thereof. Will Wizard® Product is defined as any Will Wizard® Product.

​If you do not wish to be bound by these Terms, you are not granted authority to use or access the Site or Will Wizard® Material or Products.

​Use of Will Wizard® Material and Will Wizard® Products

​A. Generally

​You agree not to use any Will Wizard® Material and/or Will Wizard® Product for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.

​Final Document is defined as the finished document for document products or other document created through the use of a Will Wizard® product. You are granted a License when you pay for access to a product.

​Any paid License granted is subject to the Terms and entitles you to: 

  • ​use Final Documents of the products as specified by the Terms only.

  • make two electronic copies of each Final Document for your personal use.

  • make necessary mechanical copies (e.g. printed or photocopied) of the Final Documents for your personal records and as required for completion of the specific transactions for which the Final Documents are intended.

 

If you are not a party in transactions in which a Final Document is used, you are not allowed to enter into new transactions using the Final Document.

To access products, you must provide credit card details to Will Wizard® as required by the Site. Will Wizard® will charge credit cards in accordance with displayed pricing in return for access to products.

​Subject to these Terms, if you are evaluating the Site strictly as a potential customer, you are granted a license to evaluate the Site for that purpose only.

​Legal Advice, Information and Decision-Making Responsibility

Will Wizard® is not a law firm and does not provide Legal Advice (as defined below). Your use of Will Wizard® Material and/or any Will Wizard® Product does not create a solicitor-client relationship between you and Will Wizard®. 

​You agree that all decisions you make on legal matters are your full responsibility and you agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it.

​You agree that Will Wizard® does not provide Legal Advice. If you receive any communication from Will Wizard®, its agents, its employees, legal consultants or any other associated entity, which is Legal Advice, you agree that it is NOT a communication authorized by Will Wizard® and you agree to immediately delete and disregard it.

You agree that any Will Wizard® legal consultants accept no liability or responsibility in relation to any Will Wizard product, service or documentation.

Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of Will Wizard® Material or Product, and for obtaining any needed assistance from a properly licensed solicitor to assess the value of and appropriate uses for any Will Wizard® Material or Product.

​For the purposes of these Terms, Legal Advice is defined to include the following:

  • ​any legal related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed solicitor;

  • advice on which legal document or documents you need;

  • determining the legal consequences that will or could result from your legal document;

  • whether you have included inappropriate, conflicting, or ambiguous information in your legal documents;

  • whether you have omitted any necessary provisions or details from your legal documents; and

  • whether you require any additional legal documents or legal procedures.

 

​You agree that Will Wizard® documents do not comprise legal, accounting or other professional advice. No person should rely on Will Wizard documents without first obtaining legal advice from a qualified lawyer and reviewing the document to ascertain if it is appropriate for the intended use.

Will Wizard does not warrant that any Will Wizard produced documentation is fit for any specific purpose, including without limitation compliance with any legal requirements that may be applicable to your circumstances or wishes.

​Use of the Website and the Products is at your own risk. Everything in relation to the Website and the Products are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Will Wizard make any express or implied representation or warranty about its Content or any products (including the products of Will Wizard) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

​(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

​(b) the accuracy, suitability or currency of any information on the Website, the Product, or any of its Content related products (including third party material and advertisements on the Website);

​(c) costs incurred as a result of you using the Website, the Products or any of the products of Will Wizard;

​(d) the Content or operation in respect to links which are provided for your convenience;

 

or

​(e) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

​Limitation of Liability

​Will Wizard’s total liability arising out of or in connection with the product or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent fee paid by you to Will Wizard for the purchase of the Product under these Terms.

​Except as expressly provided in these Terms, the maximum liability of Will Wizard® is the amount paid to Will Wizard® by the customer. The maximum liability of Will Wizard® for any Will Wizard® Products is the portion of the amount paid to Will Wizard® by the customer specifically for the Will Wizard® Products as calculated by Will Wizard®.

​You expressly understand and agree that Will Wizard, its affiliates, employees, agents, contributors, third party content providers and licensors shall not liable to you for any loss or damage, or for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

​Will Wizard® is not responsible or liable in any manner for any user content or other content posted on the Website or in connection with the Products, whether posted by the Client or by the Legal Professional or by any other third parties.

​Will Wizard® is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter on the Website or in connection with your use of the Products.

​Will Wizard® is not a law firm, is not engaging in legal practice and does not offer any legal services. Nothing provided by Will Wizard is legal advice and you cannot rely on it. You should always consult a Legal Professional to get certainty of your legal rights and obligations.

​Any use of the Will Wizard® Products is not intended to, and does not, create a lawyer-client relationship. Any communication via Will Wizard may not be held confidential and are not bound by legal privilege. Will Wizard® is not liable for the actions or omissions of any Legal Professionals performing services to you.

​Indemnity

You agree to indemnify Will Wizard® and its officers, directors, employees, sub-licensees, agents, affiliates, successors and assigns from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation lawyers’ fees and court costs) which arise out of or relate to your use of the Website and/or Products, including but is not limited to:

​(a) any misuse of the Website or Products by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;

(b) any act or omission (including negligent acts or omissions) in the performance or purported performance of any products;

(c) your breach of the Terms;

(d) the use of any intellectual property created in respect of the Products is not contemplated by the Terms or as a consequence of a breach of the Terms; or

(e) any activity which you engage on or through Will Wizard®.

This indemnity will survive termination of the Terms.

Programs

​Will Wizard® retains the right to make changes to its programs as it sees fit without notification.

​Restrictions

​To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any Will Wizard® Material or Will Wizard® Products, nor will you utilize Will Wizard® Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so.

​You agree to only use Will Wizard® Material or Will Wizard® Products  and the Site as a customer.

​Licenses granted are subject to these Terms, and are non-exclusive, non-transferable, and revocable. The rights granted under these Terms are granted to you only.

​If you are an organization, a purchase allows one individual within your organization to exercise the rights granted by these Terms. If multiple individuals within your organization require access, there must be a purchase for each individual. The appointed individual may not be changed.

​Will Wizard® retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or Will Wizard® Material or Will Wizard® Products at its discretion.

​Assignment

​This agreement cannot be assigned.

​Intellectual Property

​All copyright, trade marks (including its distinguishing guise and/or trade dress), and other intellectual property rights (registered and unregistered) of Will Wizard® Material or Will Wizard® Products belong to Will Wizard® and its suppliers. Will Wizard® reserves all of its rights in the Will Wizard® Material. Nothing in the Terms grants you a right or licence to use any intellectual property rights owned or controlled by Will Wizard® or any other third party except as expressly provided in these Terms. 

In addition, Will Wizard® Material or Will Wizard® Products, contain information and intellectual property that is selected and organized by Will Wizard® and represents significant work made by Will Wizard®. Nothing in the Terms should be construed as granting any license or right to use any Will Wizard® Material or Will Wizard® Products or intellectual property displayed or used in any Will Wizard® Material except as expressly provided in the Terms.

You agree to the following:

  • ​the Will Wizard® Material or Will Wizard® Products is the property of Will Wizard® and its suppliers;

  • you will not use the Will Wizard® Material or Will Wizard® Products for any purpose other than is expressly permitted in these Terms;

  • you will not distribute in any medium any Will Wizard® Material or Will Wizard® Products without Will Wizard® prior written authorization or as expressly provided these Terms.

  • any distribution or past distribution of any Will Wizard® Material or Will Wizard® Products that violates these Terms is subject to liquidated damages in an amount equal to that which would be payable by a copyright infringer for knowingly copying a work, and based on each page of any website which uses Will Wizard® Material or Will Wizard® Products being a separate work under the Copyright Act and each access of a page of a website by a customer being a separate publication of a work.

  • Will Wizard® shall have the right to represent its suppliers in any dispute.

 

The Website, the Products and all of the related products of Will Wizard are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) (the “Content”) are owned or controlled for these purposes, and are reserved by Will Wizard or its contributors.

​Will Wizard® retains all rights, title and interest (including copyrights, patents and trade marks) in and to the Website, products and all related content therein. Unless otherwise indicated, the Terms do not transfer to you any Will Wizard® or third party’s right, title, and interest in copyrights, patents and trademarks.

​You may not, without the prior written permission of Will Wizard® and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

Limited Warranties

​Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, Will Wizard® Material and Will Wizard® Products are provided "as is" without any kind of warranty. 

​You accept full responsibility for determining whether Will Wizard® Material and Will Wizard® Products are suitable for any particular purpose and for protecting yourself against any possible consequential damages.

​Except as expressly provided in these Terms, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of Will Wizard® Material and Will Wizard® Products, or for inaccessibility of Will Wizard® Material and Will Wizard® Products whether from errors or omissions in the content of Will Wizard® Material and Will Wizard® Products or any other linked sites or for any other reason.
 

Use of Will Wizard® Material and Will Wizard® Products is at your own risk.

​Will Wizard® does not represent or warrant that Will Wizard® Material, the Site or any linked sites are free of any harmful materials.

​Client Privacy

​You consent to Will Wizard® using your personal information according to its Privacy Policy that can be found at www.willwizard.com.au/privacy-policy

​Terms and Headings

​All of the Terms are valid regardless of the heading. To the maximum extent possible under law, the Terms take precedence over any conflicting Will Wizard® Material and Will Wizard® Products should it be judicially found that the conflicting Will Wizard® Material and Will Wizard® Products is legally relevant to this Agreement under law.

​Indemnification

​You agree to indemnify and hold Will Wizard®, its directors, officers and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees, asserted by any third party due to or arising out of your use of the Site or Will Wizard® Material or Will Wizard® Products.

​Governing Law

​The Terms are governed by the laws of Australia.

​Binding Arbitration

​Subject to exceptions specified herein, if you and Will Wizard® are unable to resolve any dispute by informal negotiations, then any resolution of this dispute will be conducted exclusively by binding arbitration. 

A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, Will Wizard® will have 90 days to choose and appoint an independent and impartial arbitrator. The arbitration will be held in the City of Sydney Australia. 

The cost of the binding arbitration proceedings and any proceeding in court to confirm or to vacate any arbitration award, including, without limitation, reasonable solicitor fees and costs, will be borne by the unsuccessful party and will be determined and awarded by the arbitrator. 

Exceptions to the use of binding arbitration are as follows: Will Wizard® may bring forth a lawsuit, without using binding arbitration, should the lawsuit involve intellectual property infringement or injunctive relief. Also, either party may use small claims court.

 

​Refunds

​You accept that refunds must be requested via email within 7 days of receipt of your Will Wizard portfolio. Email must state the reason for the requested refund. You accept that you are responsible for the return shipping costs. You accept that you will be emailed a one-page agreement that you must sign and return with your Will Wizard portfolio. The agreement will stipulate that you have not photo-copied or reproduced in any way any Will Wizard documentation or associated portfolio material or contents. Upon receipt of the portfolio and signed agreement, Will Wizard has 21 days to provide the refund to your nominated bank account.

Delivery

There are no delivery charges for delivery within Australia. For certain overseas zones, delivery charges may apply.

​Class Action Waiver

You will not seek to have the dispute heard as a class action, private solicitor general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Arbitration or any other proceeding to resolve any dispute, in any forum, will be conducted solely on an individual basis and not combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

​Modification of the Terms

​Except that you must be informed in a reasonable manner regarding any pricing increase, Will Wizard® may, in its sole discretion, change these Terms at any time. Other terms and conditions are only valid when signed in writing by an authorized Will Wizard® officer.

​Severability

​If any term, covenant, condition or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability and all other provisions will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision will be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.

Waivers

​No failure or delay, on the part of Will Wizard®, in exercising any right or power under these Terms will operate as a waiver of such right or power.

​Whole Agreement

​Except as explicitly set forth in this agreement, these Terms, the pricing displayed on the Site, the Site's Disclaimer, and, if you are an affiliate, the Affiliate Program Terms and Conditions, constitute the whole agreement between you and Will Wizard® notwithstanding any:

  • ​Will Wizard® Material other than this Agreement,

  • communication between you and Will Wizard®, including telephone, email and online chat assistance, or

  • announcements, newsletters or promotional materials from Will Wizard®.

 

Change Requests​

Will Wizard's standard price includes free changes for 3 years post-delivery, with a maximum of two change requests per year within that 3 year time period. For each change request you can request changes to any original nominations and preferences as per the Will Wizard online form options only.

Will Wizard reserves the right to deny any change requests that fall outside the scope of the original online form options, or any requests that Will Wizard does not deem appropriate or in the best interests of the customer or Will Wizard. 

Delivery charges will apply. 

Any change requests do not constitute legal advice. 

​Automated Software

​The Will Wizard website uses an automated software that may provide suggestions on the decisions and preferences a customer should make.

The suggestions are generated by an automated software and thus are for informational purposes only. The suggestions do not in any way constitute legal advice. Will Wizard encourages the customer to seek independent legal advice from a Legal Professional in your state, prior to using any relying on any documents provided by Will Wizard. Will Wizard is in no way responsible or liable for the suggestions generated by an automated software.

​Online Content

​You may read and copy the information on the Will Wizard website for your own needs but you may not publish, resell or sub-licence it. Will Wizard makes no guarantees, representations or warranties about the accuracy or legal correctness of any of the information on Will Wizard.

​Third Party Websites

​Will Wizard works with partners and affiliates whose websites are linked with Will Wizard and are controlled by parties other than Will Wizard.

​Will Wizard is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Website or any changes or updates to such sites. Will Wizard makes no guarantees about the content or quality of the products or services provided by such sites.

​Certain functions and services made available on the Will Wizard Website are delivered by third parties. By using any product, service, or functionality originating from the Will Wizard Website, you are allowing Will Wizard to share information with any third party with whom Will Wizard has a pertinent contractual relationship – any information necessary to facilitate its provisions of products, services, or functionality to you.

You accept that Will Wizard has no liability or responsibility for any breaches of your personal information caused by any third party that Will Wizard relies on.

Thank You For Choosing Will Wizard

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