Terms of use — SimpleWills

SimpleWills Terms of Use

SimpleWills is owned and operated by mySolutions Limited (we, us or our). These terms of use (Terms) record the terms on which we allow brokers, agents and advisers (you or your) acting on behalf of clients (Client) to use, and access, the SimpleWills product, services and website (Services). These Terms do not deal with the relationship between you and your Client. By using our Services you are agreeing to be bound by these Terms.

These Terms are to be read in conjunction with our privacy policy. The privacy policy explains how we handle your information and the information that you provide to us on behalf of your Client.

Your Identity and Email Address

You must supply accurate login details and give us a valid email address at which we may communicate with you when you create an account with us. Communications may include periodically sending you emails about our system changes, events and news. We may ask you to verify your identity in order to maintain access to your account. If we do not hold a valid email address, or you reject emails from us, then we may close your account without notice.

Services are “As Is”

For the purposes of section 21 of the Lawyers and Conveyances Act 2006, SimpleWills is not a lawyer or an incorporated law firm under that Act. The Services do not constitute legal advice. You and your Clients, and any other persons relying on the Services, should seek independent legal advice in connection with the Services. By using the Services you acknowledge this and accept full responsibility for your use of the Services.

We strive to ensure the Services are as accurate as possible, however please note they are not guaranteed and do not replace the need for independent legal advice. Also, while we aim to avoid them, errors can occur. If they do, we will fix them as quickly as possible, but we accept no liability for any errors in our Services.

To the extent permissible by law, we disclaim all express and implied warranties with regard to the Services, including without limitation any implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Services are provided "As Is" and "As Available" without warranty of any kind. All responsibility and liability with respect to such information, services and materials, including, without limitation, the accuracy of any information, is hereby disclaimed.

In no event shall we be liable for any special, indirect, punitive, incidental, exemplary, reliance or consequential damages, or any damages whatsoever resulting from loss of use, business, data or profits, litigation and the like, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

Furthermore we expressly advise that we shall not be liable in any way whatsoever (whether in negligence or otherwise) for any loss or damage which may be suffered by you or your Client or any other person when using or relying upon the Services or otherwise arising in connection with the Services except where a liability is made non-excludable by legislation.

Fees and Payment

The fees charged for use of the Services are subject to change. All fees are stated in New Zealand dollars and are inclusive of GST.

You warrant that you have the appropriate authority and power to validly accept these online service payment terms and any charged service terms and conditions applicable to the charged services which you request through this website.

Payments made by means of the online service payment process is through a secure website. However you acknowledge and agree that Internet transmissions are never entirely secure or private and that any message or information you provide through the website (including credit card information) may be read or intercepted by others. We will not have any liability for the interception, ‘hacking’ or other unauthorised access of information through the website by unauthorised third parties.

Refund Policy

If you notice any errors or omissions in a Will that you have generated by using the Services, you will be able to amend that Will within 72 hours of generating it. You must not amend a Will for purposes other than to correct those particular errors or omissions, and any amended Will must apply to the Client for which it was originally generated.
Once you pay for a Will there is no refund other than your rights within 72 hours to correct any errors or omissions.

Third party websites

We may include on our website material from other websites. We do not endorse any such websites or the information, material, products or services contained on or accessible through them. Your access and use of such websites, including information, material, products and services therein, is undertaken solely at your own risk.

Entire Agreement

These Terms and the resolution of any dispute related to these Terms or the Services shall be governed by and construed in accordance with the laws of New Zealand. Our failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right. Any legal action or proceeding between us and you that is related to these Terms shall be brought exclusively in a court of competent jurisdiction sitting in New Zealand, however the parties will first attempt to resolve any dispute by negotiation or mediation.

Any reference to us in these Terms includes a reference to our related companies, as defined by the Companies Act 1993.

General

By using materials from www.simplewills.co.nz, User's agree to indemnify, defend, and hold harmless SimpleWills, its related bodies, affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (a) User's violation of this Agreement, and (b) User's posting of material to www.simplewills.co.nz.

Contact us

If you would like to contact us in regard to any of the matters dealt with in these Terms, please email us on info@simplewills.co.nz. Or, write to the; General Manager, mySolutions Ltd, P.O.Box 302688, North Harbour, Auckland, New Zealand. Or, call us on 09 414 4400.