Terms of Use

General

• You agree by using this website that the provisions of this document (Terms) apply to your access and use of this website, www.rapidwills.com.au (Website), and any document produced by RapidWills, whether for you or by you for another person, and and any other services made available by RapidWills through the Website or related to the Website.
• The Website and all documents and information and services (collectively, Services) are operated by RapidWills (RapidWills, we, us or our). By accessing the Website, creating an account, ordering a document and/or consuming any Service you agree you are accepting these Terms and you agree to be bound by these Terms and our Privacy Policy.
• We may update these Terms from time to time and such updated Terms will apply from the time they are posted on the Website or otherwise notified to you.

No legal advice

• RAPID WILLS DOES NOT PROVIDE LEGAL ADVICE. RapidWills only provides an opportunity for you to enter information to complete a form for you to consider as a last-will-and-testament. RapidWills does not provide any legal services, tax, accounting, financial or other professional advice.
• At no time does a solicitor-client relationship between you and RapidWills (or any personnel or agents of RapidWills).

Third Parties use

If you use RapidWills to provide a service for a third party:

• You are our customer and RapidWills has no obligation or duty to that third party;
• RapidWills is not responsible or liable for any advice, recommendation, representation, explanation, document or service that you provide to a third party;
• You warrant that you are authorised to lawfully and correctly provide such service to that third party; and
• No refund of any nature is available to you in respect of any document or Service you obtain from RapidWills.

Information integrity

It is your responsibility to ensure:

• all information you supply is complete, accurate, current and not misleading;
• the jurisdiction you select is appropriate;
• you obtain your own legal and professional advice (including tax, accounting, financial or other professional advice) where required;
• you carefully review any completed document before signing, using, lodging or relying on that document in any way; and
• Information you provide is not unlawful, misleading, defamatory, obscene, infringing, harmful, malicious, confidential to another person without authority, or otherwise inappropriate.

Termination or suspension

RapidWills may at any time accept, reject, suspend or cancel an order and/or your account at our discretion. RapidWills may suspend or terminate your access to the Website or Services, refuse to supply a document, cancel an account or impose conditions on use where we consider it appropriate, including for compliance, security, non-payment, misuse, breach of these Terms, suspected breach of law, or risk management reasons.

Fees, payment and refunds

• You must pay the fee for the Services as set out on the Website at the relevant time. RapidWills may refuse access to your account or to any document or Service if you do not pay the fees in full when requested. If a payment is declined, reversed, disputed, charged back or otherwise not received by us, we may suspend or cancel the relevant order, withhold delivery of the document, suspend access to your account, or require payment by another method.
• If for any reason a RapidWills document is invalid at the time you make your payment and you are due a refund or other compensation, you agree the maximum damages payable by RapidWills is the quantum of the payment you made to RapidWills for that document.
• You expressly indemnify and hold harmless RapidWills, its personnel, agents, directors and related parties against any claim, damage, loss or lost opportunity arising from any defect, mistake, error or inadequacy.
• Unless otherwise required by law or previously agreed by RapidWills in writing, no refund or payment of any kind is available after a document has been executed, signed, submitted, registered, lodged, filed or otherwise used.

Document integrity

• It is entirely your responsibility to carefully review and assess any document you create with RapidWills. If you identify a mistake in a RapidWills document, you must immediately contact RapidWills and identify the mistake in detail.
• RapidWills is not liable in any manner for any consequences arising from a mistake, before or after the document is executed, signed, submitted, registered, lodged, filed or otherwise used.

Australian Consumer Law

• Nothing in these Terms excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.
• Subject to any non-excludable rights you may have under the Australian Consumer Law, our liability in connection with a document, product or service is limited, at our option, to supplying the document, product or service again, or paying the cost of having the document, product or service supplied again.

Privacy Policy

You agree to comply with the Privacy Policy as set out in the Website. If you are acting for a third party, you agree that you will not provide any third party personal information unless you are authorised to do so and, where required by RapidWills, have made that person aware that their information will be handled in accordance with our Privacy Policy

Online providers

RapidWills uses other third party service providers in order to provide the Services via the Website. RapidWills is not liable for any loss, damage or cost in any manner whatsoever if your Service is delayed, corrupted or unavailable due to any conduct or failure to provide such service by the third party. This includes internet interruptions, hacking events, or the like. RapidWills does not warrant that the Website or Services will be uninterrupted, error free, current, complete, secure or free of viruses or other harmful components.

Intellectual property

• Subject only to the limited license set out below, all copyright and other intellectual property rights in the Website, the Services (including any document provided via RapidWills or the Website), the representation of all information on the Website, workflow, templates, document precedents, explanatory material, software, graphics, logos, trade marks and other material made available by RapidWills, including on the Website, is the property of RapidWills. Nothing in these Terms transfers to you any intellectual property rights in the Website, document generation system, documents, templates, precedents, software or other RapidWills material.
• Upon your payment of the full amount of the fee, RapidWills grants you a limited, non-exclusive, non-transferable licence to use that completed document for the specific transaction, matter, client or purpose for which it was generated. For the avoidance of doubt, this limited licence does not permit you to use the same Will for another person.
• You must not copy, reproduce, republish, upload, post, transmit, distribute, licence, sublicense, adapt, modify, reverse engineer, decompile or disassemble any part of the Website, document generation system, software, questions, hints, logic, workflows, legal documents, legal templates, document precedents or other RapidWills material. You must not use any RapidWills document, template or precedent to create, maintain or expand a precedent library, document automation system, template bank, legal document product, competing service or similar commercial offering or remove, obscure or alter any copyright notice, trade mark, disclaimer, warning, instruction or other proprietary notice appearing in or attached to any RapidWills material.
• If you have a written agreement with RapidWills to be an agent, e.g. an accountant, lawyer, adviser or other professional user, your provision of a RapidWills Will to your own client as part of your professional services is not, by itself, prohibited by this section, provided that you ensure your client complies with these Terms as if it was the customer of RapidWills and you do not use the document as a reusable template, precedent or competing product.

External websites and referral commissions

The Website, our emails, publications or documents may contain links to external websites, products or services operated by third parties. Links are provided for convenience and do not imply endorsement, sponsorship, approval or responsibility by RapidWills.

Links and referrals

RapidWills may receive a commission, referral fee or other benefit if you click a link, make an enquiry, open an account or acquire a product or service from a third party referred to by us. Any such referral arrangement does not make us responsible for the third party's website, product, service, advice or conduct.

Limitation of liability

• To the maximum extent permitted by law, all warranties, guarantees, conditions and representations not expressly set out in these Terms are excluded.
• To the maximum extent permitted by law, RapidWills is not liable for indirect, consequential, special or economic loss, loss of profits, loss of opportunity, loss of data, loss arising from reliance on a document or information, or loss arising from use or inability to use the Website or Services.
• Where liability cannot be excluded but can be limited, our liability is limited, at our option, to supplying the relevant document, product or service again, or paying the cost of having it supplied again.

Indemnity

You indemnify RapidWills, its officers, employees, contractors and related entities against loss, damage, liability, cost or expense arising from your breach of these Terms, your instructions or information, your use of a document or service, your relationship with a third party, your breach of law, or any claim by a third party in relation to a RapidWills document or Service.

Governing law

These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and courts entitled to hear appeals from those courts.