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Terms and conditions

Welcome to the Willpoint – The National Will Location Registry web site ("Web Site"). The Web Site is operated by Willdex - The Australian National Will Location Registry and Project Pty Ltd ACN 145 549 444 as trustee for the Willdex Trust ("we" or "us" or “Willpoint”).

Your access to and use of the Web Site is subject to these terms, our Privacy Statement and any other terms contained on the Web Site ("Terms of Use").

Every time you visit the Web Site, you agree to access and use the Web Site, and the material on the Web Site, in accordance with the Terms of Use. The Terms of Use are a legally binding agreement between you and us.

1. Changes to the Terms of Use

1.1 From time to time, we may need to change these Terms of Use to reflect our changing business. We may change the Terms of Use at any time by posting the changed Terms on the Web Site, or by posting a notice to users on our homepage stating that a change has occurred.

1.2 Any change in the Terms of Use will not affect the terms of any pre-existing agreement between you and us regarding your acquisition of any products or services from the Web Site.


2. Usage Rules

2.1 The content and information on the Web Site is provided for your use only unless expressly authorised by us.

2.2 Unless expressly stated otherwise on the Web Site, you may download the content and information on the Web Site onto your computer, but only to the extent necessary to allow you to view that content and information. You may also print hard copies of that content and information, but only for your own use and reference. You must not reproduce or permanently store any content or information in any medium or form whatsoever unless expressly authorised by us.

2.3 You must use the Web Site in a responsible manner, and in compliance with all relevant laws, regulations, standards or codes.

2.4 If you are under 18 years of age, you must obtain a parent or guardian's consent before accessing or using the Web Site.

2.5 You must not:

(a) store in any electronic or other medium, publish, distribute, communicate to the public, change, modify, adapt, manipulate, reverse engineer, decompile, distort or enhance any of the content or information on the Web Site;

(b) incorporate or merge any of the content on the Web Site with any other material, including advertising or promotional material;

(c) create HTTP links from the Web Site to any other web site on the Internet; or

(d) send, post, communicate or transmit to or via the Web Site (including any chat rooms) any information or material which infringes a third party's rights (including intellectual property rights), or which is obscene, indecent, inflammatory, pornographic, defamatory, illegal, misleading or deceptive;

(e) use the Web Site or any facilities available on or via the Web Site (including any chat rooms) to defame, harass, threaten, menace or offend any person, or in a way which inhibits another person from using or enjoying the Web Site or those facilities;

(f) tamper with, hinder the operation of, or make unauthorised modifications to the Web Site or any content on the Web Site;

(g) knowingly transmit any virus, worm, trojan horse or other disabling feature to or via the Web Site;

(h) use the Web Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);

(i) use another person's name, username or password on the Web Site or to access any content on the Web Site; or

(j) attempt to do, or permit another person to do, any of the above acts.


3. Operation of the Web Site

3.1 We will use reasonable efforts to make sure that you can access and use the Web Site at all times. However, despite our efforts, the Web Site may not be accessible at all times and you may experience interruptions, delays, errors or faults in your use of and access to the Web Site. We will not be responsible to you or anyone else if these things occur.

3.2 When you are using the Web Site, we may require you to re-authenticate yourself from time to time - for example, if there has been a period of inactivity on the connection between your internet browser and our servers. We will not be responsible for any information you may lose if your access to the Web Site is suspended or terminated in these circumstances.

3.3 To enable you to access certain content on the Web Site, we may provide you with a username, password or some other type of identifier. You agree that you are responsible for keeping such identifiers secret and that you will be responsible for the conduct of any person who uses your identifiers, whether or not you have authorised that use.

3.4 We may receive fees or commissions (or both) from third parties in relation to some of the content, goods or services which we advertise, promote or make available on the Web Site. You acknowledge and consent to us receiving those fees and commissions.


4. Linked Sites

4.1 The Web Site may contain links to other web sites which are not maintained or controlled by us. These links are provided by us solely for your convenience. We do not accept any responsibility for broken or redirected links.

4.2 We have not checked the accuracy, completeness or suitability of the content of, or the goods and services available from, any linked sites. Also, we do not review or monitor any linked sites. You must therefore make your own enquiries about the content, goods or services available from any linked site before relying on that content, or buying or using any of those goods or services. We will not be responsible for any loss or damage you suffer as a result of relying on, buying or using any content, goods or services from a linked site.

4.3 The presence of links on the Web Site should not be taken to imply that we endorse, sponsor or approve of any linked site, or any content, products or services available from that linked site, or that we are affiliated or associated with the owner or operator of any linked site.


5. Nature of Willpoint

5.1 You acknowledge by using this website or engaging us to provide you with a Service:

5.1.1 That Willpoint is a private initiative.

5.1.2 Willpoint is not as yet a comprehensive database of wills or other testamentary dispositions or similar (“Will”).

5.1.3 Individuals that have made Wills contained within Willpoint (“Deceased”) may be alive or deceased and the existence of a Will or aspects of it may be confidential.

5.1.4 Willpoint does not hold Wills, but has been voluntarily supplied information by law firms or other holders of Wills (“Custodians”) to facilitate the contact by parties authorised to obtain or view the Will.

5.1.5 In providing Will information to Willpoint, Custodians reserve the right to refuse to release a Will or information about the Will to unauthorised persons, as determined at the sole discretion of the relevant Custodian.

5.1.6 Willpoint is not affiliated with and does not make any representations on behalf of Custodians and only assists to facilitate contact between you and the relevant Custodian via the Willpoint database and the information supplied by you.


6. Provision of Services

6.1 You may engage us to provide Initial Searches, Location Requests or Will Registration (“Services”).

6.2 We may at any time refuse to provide Services to any person at our discretion.

6.3 You indemnify us for any loss, including consequential loss or loss that results from our negligence, that may be incurred by you or a third party as a result of your use of the Services.


7. Search Services

7.1 Searches occur in two stages:

7.1.1 An initial search of our database showing limited information on Wills that possibly match the Deceased (“Initial Search”); and

7.1.2 A request for Willpoint to contact the law firms and will custodians on your behalf to determine whether possible results of the Initial Search are Wills made by the Deceased (“Location Request”).

7.2 Initial Searches are only indicative and not authoritative statements of results from the Willpoint database. You must undertake a Location Request to obtain a certificate of results.

7.3 Willpoint will calculate a once-off fee payable by you on your initiation of the Location Request. The fee is for us to contact the custodians of possible matches on your behalf and is payable independent of the outcome of the Location Request.

7.4 We will advise you of the result of the Location Request based on the entries selected by you.

7.5 Following a Location Request, we will provide you with a Willpoint Certificate of Results listing:

7.5.1 the date of the Location Request

7.5.2 search parameters entered by you;

7.5.3 the number of results that were listed as possible matches based on the search parameters; and

7.5.4 the results of the Location Request.

7.6 Where a Location Request results in no matches being advised by the custodians of relevant Wills, the Willpoint Certificate of Results will specify that no matching wills were obtained. The price for the Contact Request is not refunded as even an absence of matching Wills is a result – many Willpoint users validate that the Will held is the latest Will by using Willpoint to confirm no further Will exists. In that case the Willpoint Certificate of Results is used by the executor of an estate to demonstrate the discharge of the executor’s responsibilities.

7.7 You agree not to rely upon the information supplied as complete or representative of the particular Will or all Wills within Australia.

7.8 We do not hold the Wills that are contained in our database and all information has been supplied by third parties. No responsibility is taken for the data provided or the actions of any other party or user of the site. Any liability of Willpoint for any loss or damage, however caused (including by our negligence), suffered by you or a third party in connection with a Product is limited to the lesser of the monetary amount paid by you to Willpoint or $100. This is an aggregate limit for all claims, whenever made. Subject to this, Willpoint is not liable to you or any third party for any consequential loss suffered or incurred by you or a third person in connection with the Service.

7.9 By undertaking an Initial Search or Contact Request you warrant to us that you are entitled to any information that may result from the Initial Search or Contact Request. In particular, where you are not the testator, you warrant that the testator is deceased or that you are otherwise entitled to be made aware of the testator’s testamentary situation.


8. Data Entry

8.1 Where you register a Will in our database you agree that:

8.1.1 Unless you are an Automatch Premium subscriber, a selection of data about the Willmaker may be made available to a person undertaking an Initial Search at the discretion of Willpoint – this information is determined at our discretion but in accordance with our Privacy Policy. The purpose of providing this data is to assist us to filter and refer corresponding searches to you;

8.1.2 We will provide you with an opportunity to respond to all Contact Requests and will be provided with the information provided to us by the searcher. We will facilitate contact based on your response or you may do so directly. Where you are not an Automatch Premium subscriber and we do not receive a response within 72 hours of us contacting you in relation to a Contact Request we are authorised by you to release your contact details to the searcher to facilitate direct contact in an efficient timeframe.

8.2 You warrant that the information provided by you is correct and not intended or likely to mislead or deceive any third party.

8.3 You agree that you are responsible for keeping your contact details current and up to date.

8.4 Any notification which we provide to you is contingent on the infomration being available to us by the relevant infomration provider, publisher or government authority.  We may cease the provisio of notification services, in whole or part at any time, whether by us at our discretion or because of an inability by us to obtain the necessary information from our sources.  In the event that we cease to offer the service, we may offer a comparable (but not identical) service or refund to you a proportion of the annual subscription fee paid to us by you based on the period of subscription remaining rounded down to the nearest 3 month increment.

8.5 You remain responsible as the custodian of the will, including ensuring that the Will is only released to an authorised or entitled third party. Willpoint does not assume any responsibility or duty that you have as custodian by your participation in Willpoint.


9. Changes to the Web Site

9.1 We (or our suppliers) may change the content, information, products and services provided on the Web Site, and the prices for those things, at any time.

9.2 If you purchase any products or services from the Web Site, you will be charged the price that applies and is displayed at the time you request those products or services.


10. Our liability to you

10.1 To ensure that we can continue to provide you with quality content and services via the Web Site, we and our related companies need to try to minimise the costs associated with operating the Web Site.

10.2 As a result, neither we nor our related companies can accept liability for any loss or damage you suffer as a result of using or accessing the Web Site or any content, information, products or services available on or from those Web Site, except to the extent that we are required to by law, such as State or Territory fair trading legislation and the Competition and Consumer Act 2010 (Cth) or its equivalents.

10.3 In particular, except to the extent required by law, we and our related companies do not accept, and specifically exclude, liability for any business losses, or losses of data or profits, or any other direct, indirect or consequential loss or damage, which you may suffer in connection with our supply, non-supply or defective supply of the Web Site, or any content, information, products or services available on or from the Web Site. In those situations, liability for such breach is limited to, in the case of a supply of Services, us supplying the Services again or paying the cost of having the Services supplied again, where such equivalent exists.

10.4 As a guide, the Competition and Consumer Act 2010 (Cth) would require us to accept liability to you where:

(a) we fail to supply the content on the Web Site with due care and skill; or

(b) the content we supply via the Web Site is not reasonably fit for the purpose for which it is supplied.


11. Your liability to us

11.1 To minimise the costs associated with operating the Web Site, we also require that you take responsibility for any harm we or our related companies suffer as a result of your use of the Web Site.

11.2 You therefore agree to indemnify us and our related companies from and against any loss, damage, costs or expenses suffered by any of us arising out of or in any way connected to the use of the Web Site by you or someone using your name and password.


12. Termination and suspension

12.1 If we reasonably believe that you have breached any of these Terms of Use, we may immediately suspend, terminate or limit your access to the Web Site.


13. Trade marks, copyright and other intellectual property

13.1 All intellectual property relating to the Web Site, including any trade marks used on the Web Site, the design or the Web Site and any content on the Web Site, is owned by us, our related companies or our licensors.

13.2 For this reason, you must not do anything with the Web Site or anything on the Web Site (including trade marks and content) that is not expressly authorised by these Terms of Use.

13.3 Importantly, you must not use or apply any of our trade marks without our consent. Our trade marks include our name, our logos, our slogans and the names of our products or offerings.


14. General matters

14.1 If we need to notify you of any matter relating to these Terms of Use and you have given us your contact details, we ask, and you agree, that we may use post, fax or email to the relevant contact details notified to us. If we do use email, you will be taken to have received the email if it leaves our servers, unless we receive evidence to the contrary.

14.2 These Terms of Use are governed by Queensland law.

14.3 If any of these Terms of Use are invalid, unenforceable or illegal in a particular jurisdiction, that term will be struck out for that jurisdiction only and the remaining terms will remain in full force.

14.4 If we do not act in relation to a particular breach by you of these Terms of Use, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.