Terms of Use Policy


THE FOLLOWING DESCRIBES THE TERMS ON WHICH WheresTheWill.com OFFERS YOU ACCESS TO OUR SERVICES. USE OF THIS WEBSITE INDICATES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.

This User Agreement ("Agreement") is a contract between you and WheresTheWill.com and applies to your use of WheresTheWill.com services.
If you wish to use our services we request that you read and accept the terms and conditions as set out below in this Agreement and those incorporated by reference as set out in the Privacy Policy, Security Policy and Intellectual Property Notice prior to using our services.

If you do not agree to be bound by the terms and conditions of this Agreement or any of our policies or notices, please do not use or access our Services.
If you need additional information about WheresTheWill.com services, please contact our us through our Customer Service section here.

WheresTheWill.com is a web-based business using the website www.WheresTheWill.com and has no capital assets except for the intellectual property of which the web-site comprises.

Definitions
In this Agreement:
WTW” means WheresTheWill.com and its’ website www.WheresThe Will.com
Applicant” is an individual who applies to register with WTW
"Credit card" includes, but is not limited to, Visacard and MasterCard,
Member” is a user who has submitted a Membership Application Form and has completed payment and has been accepted by WTW as a member.
Authorised Representative” is any individual or organisation nominated by the Member with the authority to retrieve the information regarding his or her Last Will and Testament and other personal documents.
Register” is the act of supplying WTW with information about the Member
Search” is the act of searching WTW database to ascertain whether an individual has registered any Documents with WTW.
Services” means the provision of registration, deposit, search, retrieval and other related services as well as notices and information relating to these services from time to time as WTW shall decide to individuals and organisations by WTW.
"Users", "You" or "your" means any person or entity using WTW services and includes users who become members of WTW.
Will Documents” includes but is not limited to an individual's: Last Will and Testament; Power of Attorney (General or Enduring); Guardianship Appointment; Advance Health Directive (Living Will) and any other document an applicant chooses to register.

Eligibility to Use
In order to use WTW services, a User must register his or her personal and, if applicable, business details with WTW.
Our services are not available to minors unless they are married, persons who are suspended from our services or those who intend to use our services or WTW for improper purposes.
If you intend to use WTW you understand and agree to be bound by the terms and conditions of this Agreement or any of our policies or notices.

Services Provided by WTW
WTW is an information service provider that enables:
A Member to register the whereabouts of Will Documents;
Members to search WTW database and establish whether an individual has registered any Will Documents and to enable Users to contact the Members Authorised Representative.

Disclaimers
Use of WTW Services are subject to the following disclaimers.

Reliance on information provided by Users
WTW relies on the information provided by users. We do not establish whether the information provided to us by any user is true and correct, nor whether the Will Documents are valid. The onus is on each User to satisfy themselves that the information obtained is true, correct and valid before they rely on any information obtained from WTW

No professional advice is provided
The information provided on this website in relation to Wills, Probate, Power of Attorney, Guardianship Appointments, Funerals, Estates or any other matter is for information only and is intended to be general in nature. It is not intended to be legal, financial, or professional advice; Users should not rely on this information as such.
Professional advice recommended.

WTW recommends that you obtain assistance and advice from a solicitor or professional trustee or a suitably qualified professional. The laws relating to Wills, Probate, Estates, Administration, Guardianship, Living Wills and Powers of Attorney differ from country to country, and in some countries from state to state. You should consult an appropriate professional in your country of domicile or residence, or one with knowledge of the laws of your country of domicile or residence.

Information not complete or comprehensive
The information in this website is not intended to be comprehensive or complete and may not be up to date or current. The website may not contain information covering particular subjects or issues relevant to particular users.

WTW makes no commitment to update the information found at this website, although it undertakes to use its best endeavours to keep abreast with development in the fields which it covers. WTW may change any of the information found at this website at any time without notice.

Unauthorised activity
WTW offers no assurance that this website and email messages sent to and from this website or users of this website will remain free from unauthorised access, corruption, interception, tampering, hacking or viruses.

Information may contain errors and inaccuracies
Whilst WTW has endeavoured to identify errors or inaccuracies on this website, WTW does not guarantee that this website is free from any errors or inaccuracies and advises users to obtain professional advice on particular matters.

Database limitations
The following limitations apply to the databases accessible through this website:
There may be a delay between submitting registration and listing on WTW databases.
The database may not indicate whether the registrant has subsequently revoked the information of their Will Document location.

Unlawful Use of Information
Each User who performs a search of WTW databases, or who retrieves information from WTW databases is required by WTW to consent to use the received information for lawful purposes only. WTW does not guarantee that each User who retrieves information from WTW will use that information for lawful purposes. If WTW becomes aware of any unlawful use of this website it will notify the police, Law Society or other professional associations and relevant authorities.
WTW may be inaccessible from time to time

We do not warrant (warrant means to say truthfully) that this website will operate uninterrupted or error-free or that WTW or the server that makes it available are free of viruses or other harmful components. We will use our best endeavours to correct any defects promptly as soon as we know about them.

WTW may not be accessible from time to time due to act of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities, failure of information technology or telecommunications equipment or facilities or due to numerous other factors beyond our control.

Weekly Scheduled Maintenance Periods
WTW has scheduled system maintenance periods which are used to maintain and upgrade its computer services. These general maintenance periods may impact on any of WTW computer systems, and Users are advised to check availability of services if they wish to access them immediately before the scheduled maintenance periods.

Security of On-line Services
When you use the secure areas of this website information transmitted between your browser and WTW is encrypted using 128 bit SSL (Secure Sockets Layer) encryption. Notwithstanding this, there is still an inherent risk that the transmitted information may not be secure.
No Endorsement of Other Organisations or Businesses

Incorporated into this website are links to the websites of other organisations and businesses. Whilst WTW monitored those links for relevance and content at the time of their incorporation, they should not be taken as implying an endorsement or approval of the content of those websites or the activities of the organisations and businesses responsible for those websites.
No Relationship

Using WTW services does not create and is not intended to create an agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between WTW and each User.

Release
If the information a Member provides to WTW is incorrect or incomplete the User releases WTW from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

Exclusion of Liability
WTW is not liable for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use the material or information available on the WTW databases or the website, even if WTW has been advised of such damages.

To the extent that this clause is rendered void or unenforceable by any relevant law, WTW’s liability to the User for any breach of term is limited at the option of WTW either to re-supply the service or to pay for the cost of having the service supplied again at the same rate charged by WTW for supplying the service at the date of the original application.

Indemnification
You agree to indemnify and hold WTW harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the service.

Currency
All fees will be assessed in Euros. A member’s account and all transactions are made and displayed in Euros, but may be paid in the equivalent amount of Pounds Sterling, US dollars or Australian Dollars using the exchange rates applicable on the day of the transaction.

Payments
Method of Payment
Payment can only be made by credit card or debit card via PayPal

Credit Card Payments
A User who is not a Member who seeks to use a fee paying service on line will be requested to provide their credit card details before they use any fee paying service. All credit card transactions will be solely handled by PayPal. At no time will WTW have access to the Users credit card information.

Payment Recognition
Payment is recognised once monies are cleared in WTW account with Paypal as opposed to when monies are received. If payment is not received then WTW may in its discretion not provide any services.

Membership
Membership Application Form
A User who intends to use WTW services is required to become a Member. A User may become a Member through WTW. All information provided to WTW is protected under our Privacy Policy.

At the beginning of each session a Member will be required to prove their identity by entering their Username and Password to use WTW services.

Password protection
Members Responsibility to Protect Password
The Member is responsible for all unauthorised use of the Member’s password.
WTW recommends that Members change their password regularly to reduce the risk of unauthorised use.
The Member indemnifies WTW from any costs, fees, damage, loss, claims and liabilities arising from any use or misuse of the password.

Members Responsibility to Notify and Update Personal Information
Each Member agrees to tell WTW immediately of any unauthorised use of their account.
Each registrant is required to update their information if they change the location of their Will Document.
Each Member is to check regularly that his or her personal information on WTW is true and correct and to amend this information when changes occur.

Terminating your Membership
You may terminate your membership at any time by not renewing your membership. You will however remain liable for any outstanding fees for services provided by WTW and Fees already paid will not be refunded.

Unauthorised Use
The information you provide to WTW and the use of WTW services should not:

  • be false, inaccurate or misleading;
  • delay other Users’ services;
  • be fraudulent;
  • infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy;
  • violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising);
  • be defamatory, unlawfully threatening or unlawfully harassing;
  • be obscene or contain child pornography;
  • contain any viruses, Trojan horses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; and
  • create liability for WTW or cause WTW to lose (in whole or in part) the services of its' Internet Service Providers (ISP) or other suppliers.

WTW Remedies
Without limiting other remedies we have under this Agreement if we believe a User has used or attempted to use our services in an unauthorised manner;

  • a User breaches this Agreement or the documents it incorporates by reference;
  • we are unable to verify or authenticate any information a User provides to us;
  • we believe a User's activities pose a significant credit or fraud risk to our Users or us; or
  • we believe that a Users actions may cause financial loss or legal liability for other Users or us.
  • we believe a User tampers with, hacks into, modifies or otherwise corrupts the security or functionality of WTW services,

WTW may:

  • limit, indefinitely suspend or terminate the infringers membership or refuse to provide access to our services;
  • contact him or her by means other than electronically;
  • immediately warn our community of his or her unauthorised use;
  • subject him or her to damages and other penalties;
  • inform the police and other legal authorities for criminal prosecution where available;
  • inform the Law Society or other professional associations and relevant authorities; or
  • if a User defaults in making a payment we may report the default to a credit reporting agency.

Assign ability
WTW reserves the right to transfer this Agreement or any right or obligation under this Agreement without consent of the User.

Legal Compliance
Users shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding his or her use of WTW’s Services.

Additional Terms
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to the services we offer:

  • Privacy Policy
  • Security Policy
  • Intellectual Property Policy
  • Content Disclaimer

Notices
Electronic Communications
A User agrees that this Agreement constitutes "a writing signed by him or her" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding his or her use of the service and/or membership ("Communications"), may be provided to him or her electronically and he or she agrees to receive all Communications from WTW in electronic form. Electronic Communications may be posted on the pages within the WTW website and/or delivered to his or her e-mail address. A User may print a copy of any Communication and retain it for his or her records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not a User has received or retrieved the Communication. WTW reserves the right but assumes no obligation to provide Communications in paper format.

Address and Deemed Timing of Receipt
Except as explicitly stated otherwise, any legal notices for WTW shall be sent to our registered address. WTW may issue notices to Users by sending the notice to his or her most recent email address. Notice shall be deemed given 24 hours after posted or email is sent. Alternatively, we may give a User notice by mail to the most recent address provided to WTW. In such case, notice shall be deemed given 3 days after the date of mailing.

Legal Disputes
If a dispute arises between a User and WTW, WTW will seek a neutral and cost effective means of resolving the dispute quickly and to mutual advantage. Accordingly, the User and WTW agree that any claim at law or equity arising out of this Agreement or WTW services shall be resolved in accordance with the following subsections or as otherwise mutually agreed upon in writing by the User and WTW. Before resorting to these alternatives, the User agrees to report the complaint within 3 weeks of it arising to WTW by submitting a Feedback Form online or in writing within the time specified.

If the parties are unable to resolve the dispute WTW will consider reasonable requests to seek Alternative Dispute Resolution (ADR), such as mediation, as an alternative to litigation. The mediation is to be held in Hong Kong. In such cases, the mediation shall be administered by a mediator appointed by the Law Society of Hong Kong, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties.

Failing mediation, then the Claim may be adjudicated by a court of competent jurisdiction located in Hong Kong.

Amendments
This is the current Terms of Use for WTW. It replaces any other Terms of Use published by WTW. WTW may wish to update or change these Terms of Use and other Policies from time to time to reflect changes in WTW services, changes in the laws affecting our services or for other good reasons. WTW reserves the right to make these changes and A User understands that he or she is responsible for reviewing these Terms of Use (and other Policies) regularly. Continued use of WTW services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve WTW services shall be subject to the Terms of Use and other Policies, as modified from time to time.

General
This Agreement is governed by and interpreted under the laws of the Special Adminstrative Region of Hong Kong.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

You agree that this Agreement and all incorporated agreements may be automatically assigned by WTW, in our sole discretion, to a third party in the event of a merger or acquisition.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

For the purposes of interpretation of the above terms the singular is taken to include the plural and vice versa.

© 2007 WheresTheWill.com. This represents our Agreement as at 28 March 2007.