Thank you for visiting the Registry's Terms and Conditions. The Registry provides a simple and convenient way to create, manage and store all your estate and life planning matters. These include the ability to make a simple Will online (or get a referral from an estate planning practitioner for more 'complex' matters); register and search for important documents; share precious memories; and create intentions for a final farewell.
Access and use of the System, is dependent upon your agreement to be legally bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use the System.
DEFINITIONS
"Active donor notification" means the details of an Individual and their decision to enquire about supporting a Charity/Entity.
"Administrator" means an Individual who controls a Business account, and may oversee and operate a Professional'sregistered account, including any Client accounts.
"Australian Legal Will" or "ALW" means a simple online Will that is made available for individuals to purchase and create via our System.
"Basic Details" means full name, suburb/town, State/Territory, and postcode.
"Bequest notification advice" means the details of an Individual, and the gift made in their Will, is made available to the relevant Charity/Entity gift recipient.
"Business" means a company, partnership, limited liability partnership, other organisation, institution, government, agency, charity, entity, or sole trader that uses the System for the purpose of imputing information relating to the whereabouts of its own or its clients' Documents and/or the management and retrieval of Bequest Notification Advice/Active Donor Request notifications.
"Comprehensive Search" means a request by an Enquirer as to identify general information on who hasregistered on the System, and/or with other third-party Providers.
"Conditions" means these Terms and Conditions, Our Privacy Policy, and the Australian Legal Will & Suitability Questionnaire – General Disclaimer, User Acknowledgement & Informed Consent.
"Data" means information made available to you through the System.
"Database" means all data collected and maintained by us and our associated agencies for the delivery of the System.
"Digital vault" means a Member's user account, where all applicable connected electronic services are performed.
"Document" means will, deed, power of attorney, property title or any other document available for registration on the System.
"Enquirer" means a Individual who uses the System to make an enquiry.
"Enquiry" means a request by a Individual to identify the location of a Document.
"Executor" means the person(s) and/or entity appointed in a Will as the legal representative of the Estate whether original or substituted.
"Member" means an Individual or Client (also known as 'Personal'), Business or Professional, Charity or Entity, who signs up an account to use the System and accompanying Services.
"Memory" means the creation of content (i.e. Letters to Loved Ones; Video Messages; Time Capsule; My Precious Moments) using text, images/photo's, voice recordings on the System to share with selected Recipients.
"My Intentions" means the creation of end-of-life documents (i.e. Statement of Wishes; Child/Guardianship Wishes; Eulogy and Obituary Notes; Final Farewell).
"Nominee" means an Individual who has been nominated by a Member to have access to his/her registered information.
"Provider" means any external third-party organisation, institution, government, agency, or entity that helps facilitate a Comprehensive Search.
"Public Listing" means the Basic Details of a Personal Member may be displayed to an Enquirer when they conduct a Search.
"Recipient" means a person who has been selected by a Member to have access to a Memory/Intention that has been shared with them.
"Register" means to record the location of where an original Document is stored, its details, and the option to attach a copy of the original Document for safekeeping on the System, and specify who you grant permission to have access to the registered document information.
"Registry" means the Australian Registry of Wills, Deeds and Documents Pty. Ltd. (A.C.N. 134 836 196) "Registry Search" means a request by an Enquirer as to identify who has registered on the System as to the specific whereabouts and/or retrieval of a Document.
"Service" means the creation, access, storage, retrieval and sharing of information (i.e. relating to the whereabouts of any Registered Document OR the creation of content to produce a Memory to share with selected Recipients) and the procurement of that information.
"System" means this web site and its connected electronic services.
"us, we and our" means the Registry.
"Will-maker" means a Testator and Member.
"You and Your" means you the individual, business or professional, charity or entity, who uses the System.
1. About Us
The System is owned by Australian Registry of Wills, Deeds and Documents Proprietary Limited (A.C.N. 134 836 196).
2. General
2.1 These Terms and Conditions may be changed by us from time to time. Any changes shall be effective immediately after it is posted on this web page and your use of this web site after such changes have been posted will constitute your agreement to the modified Terms and Conditions and all of the changes.
2.2 We will provide notice of any material changesto this policy by posting a notice on this web site or by some other reasonable means.
3. Who can use the System
3.1 In order to use our Service you must be aged 18 years or over, unless you are a Recipient, in which case you confirm that you are aged 12 years or over.
3.2 If you are a Recipient aged under 18 years, you agree to only access the 'Memories' or 'Intentions' shared with you and NOT use any of the legal services including: Australian Legal Will; Australian Legal Will Suitability Questionnaire; and Document Registration. Note: This will impact the features you can access as part of the Membership Plans.
3.3 You agree not to use our System (or related Services) if you:
a. have had your account deactivated/cancelled by Us for violations of our Terms and Conditions OR
b. you are a convicted sex offender AND you agree not to create another account without our permission. If we grant you permission to create a new account it is provided at our sole discretion, and in no way implies that any disciplinary action was wrong or without cause.
c. are prohibited from receiving our products, services, or software under applicable laws.
4. Information
4.1 The information you provide: Any information that you provide to us must be true and accurate, current and complete in all respects.
4.2. Accuracy of Information: We do not warrant or guarantee the accuracy or continuing accuracy of the information entered onto the system by a Member, and we will not check the validity of the information provided by a Member or Enquirer/Nominee or Recipient.
4.3 We respect the confidentiality of the information provided by a Member or Enquirer/Nominee or Recipient, and unless we have been given authorisation by a Member, we are unable to disclose/divulge any of the Member's registered information, other than in accordance with Section 12.
5. Conditions of Access, Use of Materials and Permissions
5.1 Access to the System must be in accordance with this agreement and must be used in a manner so as not to corrupt the System or the Data. You shall not, and shall ensure that no person shall use the System to do or share anything including:
5.1.1 share your password, give access to your account to others, or transfer your account to anyone else (without our permission). If you are a Business Administrator, you may have access to 'Transfer Client Accounts' within your organisation (from one Professional to another) based on the Membership Plan features.
5.1.2 access any part of our database which is not part of the Data or to which access is not authorised;
5.1.3 transmit any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
5.1.4 tamper with the Data, our database or the System;
5.1.5 use any device, software or routine to interfere or attempt to interfere with the proper working of the System;
5.1.6 take any action that imposes an unreasonable or disproportionately large load on the servers rendering the System;
5.1.7 use any equipment or software to access the System in a manner which is inconsistent with the terms and conditions of this agreement;
5.1.8 anything that is unlawful, misleading, discriminatory or fraudulent (or assists someone else in using our System in such a way).
5.1.9 anything that you do not own or have the necessary rights to share.
5.1.10 anything that infringes or violates Our or someone else's rights, including their intellectual property rights(such as by infringing another's copyright or trademark, or distributing or selling counterfeit or pirated goods), unless an exception or limitation applies under applicable law.
5.2 Without our express consent you shall not:
5.2.1 make any additions, modifications, adjustments or alterations to unauthorised Data, the System or our database;
5.2.2 permit the linking or communication with any other system, equipment or database for the purpose of disseminating any part of the Data, our database or the System through such other system, equipment or database;
5.2.3 use any robot, spider, automatic device or manual process to monitor or copy any pages within this website, the Data or our database.
5.3 Permissions you give us:
So, we can provide our services, we need certain permissions from you including:
5.3.1 Your content: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
5.3.2 Ownership of the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on Our System isretained by You. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
5.3.3 However, to provide our services We need You to give us some legal permissions (known as a "license") to use this content. This is solely for the purposes of providing and improving our System and Services.
5.3.4 You agree to allowing Us and an authorised third-party provider to scan any uploaded files/images/videos to ensure they are free of any harmful materials/content such as viruses, malware, and/or any content (including text) that is against this policy, such as sexually explicit material, abusive material, violent and/or any material that may vilify or threaten others. We reserve the right to prevent any such material from being uploaded to our System, to ensure Members/Recipients/Nominees are protected.
5.3.2 Permission to use content you create and share: Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our System, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, run, display, and translate your content (and in accordance with the settings you have selected) to your selected Recipients/Nominees. This means, for example, that if you share a photo on Our System, you give Us permission to store, copy, and share it with your selected Recipients/Nominees (again, consistent with your settings) such as Our System or service providers that support the System and Services. This license will end when your content is deleted from our Systems.
5.3.3. Deleting Your Content: You can delete individual content you upload to your account whilst you are creating any content. In addition, all content posted to your personal account will be deleted if you close your account in accordance with Section 24 of these terms. However, once you send a Memory to Recipient/Nominee, it is up to the Recipient/Nominee to delete this material if they choose, just like when you send an email to someone. We encourage You to check/review any Memories or other information/documents carefully prior to sending them.
5.3.4 Australian Death Check: The Australian Death Check service provides death data cleansing across Australia and enables Your registered details to be cleansed against the official death data and enables Us to notify your Nominees directly via our System. This is the most accurate way of ensuring Your Nominees are informed of Your registered information. A separate fee may be charged for this Service. You agree to Us cleansing Your data with the Australian Death Check service (on behalf of State and Territory registries) to help ensure your wishes are fulfilled.
6. Personal Member Account Sign Up
6.1 In order to use our services, a person must sign up one account (your own) to become a Member and use it for personal purposes, and agree to our Terms and Conditions, and Privacy Policy.
6.1.1 You will be able to select what Membership Plan you wish to sign up to and receive the associated features of that Plan.
6.1.2 One of the Plan features includes a digital vault. The digital vault includes a certain amount of storage capacity for any information generated from using any applicable services to be stored (i.e. registered documents; Memories; My Intentions). Once the storage capacity is reached, the system will prevent you from adding any additional information and ask you to upgrade your Plan.
6.1.3 If a member selects a Free Basic Account Membership, you will be able to upgrade to a Paid Membership at any stage. If however, a Member selects a Paid Membership, you will be unable to revert to a Free Basic Account Membership. It is important to review each of the Plans pricing and features prior to signing up to a Membership Plan.
6.2 Document Registration Steps:
a. Select the type of Document(s) you would like to Register; b. Make any payment required; c. Upload a copy or scan of your original document (optional); d. Input the specifics of a Document (incl. its location); e. Provide information about the Nominee(s) you give permission to access your registered details; f. Access your Document Registration certificate (download/print) and store it in a safe location with the original document (and any additional copies of the document) for easy identification and future cross-reference with the system; g. You will receive an email notification upon successful registration. h. You should retain the registration confirmation as a reference for any subsequent communication with us.
6.3 Will Creation:
We offer You the ability to create your own simple Will using the Australian Legal Will (ALW) via our site. In doing so, you agree to the Australian Legal Will & Suitability Questionnaire – General Disclaimer, User Acknowledgement & Informed Consent.
6.3.1 Will Creation Steps: a. Undertake the Free Suitability Questionnaire for the Australian Legal Will; b. Agree to the Australian Legal Will & Suitability Questionnaire – General Disclaimer, User Acknowledgement & Informed Consent; c. If your circumstances are deemed suitable, select to buy the Australian Legal Will and a Membership Plan that suits your needs. (Note: you can choose to buy the Australian Legal Will including a Bequest (discounted price) or without a Bequest (standard price). d. Make your payment; e. Input the specifics of the Document by answering a set of questions; f. Access, download and print your Document from the 'My Digital Vault' section of your user account; g. Sign your Document as per the Document signing instructions provided; h. Make a copy of your original signed Document (via photo/scan) i. Register the location of your original signed Document and upload the photo/scan for future reference/release to your nominated Executor(s) upon one's death (Optional); j. Add the Nominee(s) you grant access to your Registered information; k. Store your original signed Document in a safe place.
6.3.2 If the Member chooses to have their Australian Legal Will reviewed by one of our trusted legal practitioners OR a third party legal agent, they may do so after completing step 6.3 (f) and have their Will and Free Suitability Questionnaire Answers forwarded to the legal representative for review. A small additional fee will be incurred for this service. Any necessary changes will be communicated directly to the Member by the legal representative.
6.3.3 The Member may choose to add a document of 'Testamentary Capacity' to their Account (Digital Vault menu), which would be released to an Executor/Nominee or any other person in accordance with individual State/Territory Laws upon the Members death. A letter of Testamentary Capacity may be gained from a General Practitioner (GP) and may help in supporting the wishes you have made in your Will, if a beneficiary or any prospective claimant on your estate arises or disputes the information you have added into your Will based on capacity grounds.
6.4 Registered Information Changes/Updates:
a. It is the sole responsibility of a Member to make a new Registration and/or update their information in the event that a Member updates or makes a new Document or moves it from its original location. b. When significant life eventstake place (i.e. marriage, children, divorce, relative's death) a Member should review their Will and any other relevant documentation to ensure itstill reflects their wishes and is valid. c. If a Member has any older Wills, it istheir responsibility to destroy them and any copies in existence.
7. Business Member Account Sign Up
7.1 Upon signing up to a particular plan, agreeing to our Terms and Conditions/Privacy Policy, and successfully creating a Business account, the Administrator will then be able to form a Professional Member user account. Once this is completed, the Professional Member will be able to 'log in' to their own account and sign up individual Member (client) accounts and register Documents on their behalf.
7.2 A Business Administrator can also sign up individual Member (client) accounts and register Documents on their behalf, directly, rather than doing so via a Professional account.
7.3 In signing up to a particular Business Plan, each Professional Member will have a separate user account and will receive the associated features of that particular plan (refer to the Business Registration Plans on the 'Business' - 'Pricing' page of the site for more information).
7.4 A Business Member will be able to manage Member (client) accounts and edit information on their behalf in specific areas of the account including a Member's Profile and the Registering of a Document.
7.5 A Business/Professional will be able to offer or deny clients access to their own client account upon initial sign up. Clients offered access to their account will receive all the additional features associated with the Basic Member account (i.e. Access to Memories and My Intentions) and enable the client to update their details (i.e. personal details or registered document information) to ensure the Business/Professional Member has the most current information.
7.6 If the client is given access to their account, they will receive an automatically generated email notifying them of their username and temporary password, upon account activation. It is highly recommended the client updates their password after they receive their automatically generated password from us.
7.7 A client that has been given account access, may decide to upgrade their Membership Plan. If they choose to do so, they will be charged directly for any additional costs incurred.
7.8 A Business/Professional will also be able to utilise any additional benefits associated with an upgraded client Plan (i.e. use any additional unused document registrations that are part of the Plan) to register other documents on behalf of the client. Note, if a client upgrades their Membership Plan to a paid annual fee, they will be unable to downgrade to the Free Basic Membership Plan. It is important a client fully understands and considers this prior to upgrading to a paid annual Plan.
7.8 Client Sign Up by a Business/Professional
7.8.1 It is the sole responsibility of a Business/Professional Member to ensure he or she has gained consent/permission and full authority from a client to Sign Up and Register a Document and their details on their behalf.
7.8.2 A Business/Professional Member hereby agrees that the information entered (on behalf of a client) on the System is correct.
7.8.3 A Business/Professional Member who does NOT have permission from a client to Register their details must not Register a client or any of their Documents.
7.8.4 A Business/Professional Member who Registers a client or their Documents without permission agrees to indemnify us from all claims of whatever nature by any party arising directly or indirectly due or associated with such Registration. We shall NOT check or verify whether a Business/Professional Member has authority from a client.
8. Communication with Members
8.1 Upon signing up to our service, you will receive standard communications (by email, SMS, or post) including (but not limited to): membership verification/authentication/confirmation; periodic reminders to ensure membership/registrations details are current; product/service confirmation/updates; updates relating to our products/services; updates to our Terms and Conditions/Privacy Policy.
8.2 From time to time you may receive marketing communications (either by email, SMS, Post) regarding our products/services and how they can be of benefit to you.
8.3 You may elect to unsubscribe from marketing communications by selecting 'Unsubscribe' on the email; texting 'Stop' to the SMS; or writing to us at: info@theaustralianregistry.com.au .
9. Document Storage and Security
9.1 The Registry stores your documents and other information with highly reputable third-party document storage facilities (e.g. Google Cloud, or the iCloud).
9.2 Any document copies or scans uploaded to your user account and stored via our system are secured with industry standard encryption technology.
9.3 The Registry performs email and mobile number verification upon sign up.
9.4 You have the option to increase your account sign in security by activating two-factor authentication (i.e. receive a SMS code / Google Authenticator code that you enter at time ofsign in, in addition to your usual Username and Password). We highly recommend this feature is activated.
9.5 It is the sole responsibility of a Member to ensure the security and safety of where an original registered document is stored and who is able to gain access to it.
9.6 You agree to indemnify and save the Registry harmless from any loss and damage from any cause of action howsoever and wheresoever arising that the Registry might suffer or incur as a result of anything contained on or in any of your documents or information that the Registry has placed with any third-party document storage facility.
10. Registry Search: Checking for a Registered Member and Responding to an Enquiry
10.1 In order to conduct a Search, an Enquirer must Sign Up an account and agree to our Terms and Conditions/Privacy Policy.
10.2 A Registry Search fee applies for allsearches, successful or not (irrespective of the result), other than if you have been nominated by the Member and received a Nominee notification email or SMS, in which case you can access the Members Registered information (excluding 'Detailed Access' requirements in Section 12) for free. Refer to the 'Pricing' page of the site for pricing details.
10.3 An Enquirer/Nominee warrants that all information she/he provides to make a Search is completely and wholly accurate and indemnifies us from all liability of whatever nature to any party arising directly or indirectly from the Enquirer's/Nominee's improper use of the service or input of inaccurate or incomplete information into the System.
10.4 Upon conducting a Registry Search, if the details of a Member are replicated, the system will display those Members' basic details (i.e. Name, Suburb, State) in order for the Enquirer/Nominee to select the correct Member and continue to proceed with their Search.
10.5 Upon conducting a successful search, a Document Retrieval Certificate will be issued, specifying the details of the registered information (if any).
10.6 If a Member's Document copies (other than a Will copy) have been uploaded to the Member's user account, and if you have been granted Nominee access, you will be able to access those document copies directly via your account.
10.7. If a Member's Will copy has been uploaded to the Members' user account, this is ONLY retrievable upon the Members' death, and in accordance with Section12 in which case documentary evidence will be required to be submitted to us.
11. Comprehensive Search: External providers
11.1 In order to conduct a Comprehensive Search with third-party providers, an Enquirer must initially Sign Up an account and agree to our Terms and Conditions/Privacy Policy.
11.2 A Comprehensive Search fee applies for all searches, successful or not (irrespective of the result). Refer to the 'Pricing' page of the site for pricing details.
11.3 An Enquirer warrants that all information she/he provides to make a Search is completely and wholly accurate and indemnifies us from all liability of whatever nature to any party arising directly or indirectly from the Enquirer's improper use of the service or input of inaccurate or incomplete information into the System.
11.4 Upon conducting a Comprehensive Search, you will be able to enter the details (including death certificate) of the person you are searching and the system will suggest the relevant provider(s) you should search based on the location(s) the person has lived. You will then be able to select or de-select the provider(s) you would like to search.
11.5 Upon submitting your Comprehensive Search, you will be able to track the progress of each of the applicable provider Searches in your user account - Search Results.
11.6 Search Result: Once a Provider hasresponded to your Search, the consolidated 'Search Result' document will be updated, specifying the details of the Search result (if any). This document can be downloaded and used for submitting to relevant authorities (e.g. Supreme Court Probate Office) as evidence of your Search.
11.7 The standard processing time to receive Provider Search responses is up to 14 days.
11.8 We do not guarantee or take any responsibility/liability for Providers responding or the timeframe in which they respond to a Comprehensive Search.
11.9 In the event that a provider failsto respond within 30 days from the date the Search was submitted, you are entitled to apply for a credit coupon (which can be used for a future Search) up to the value of the particular Search in which a provider failed to respond by emailing us at: info@theaustralianregistry.com.au .
11.10 If a Person's Document (i.e. Will copy) has been located by a third-party Provider, it is up the Enquirer to contact the Provider directly and enquire about the document retrieval process the Provider has in place.
11.11 The Registry's Comprehensive Search service helpsfacilitate the task of locating a person's documents and does not in any way have direct access to any documents held by third-party Providers, or any influence over their response/non-response, and it is up to each Enquirer to deal with the relevant Provider directly, if a successful Search Result occurs.
12. Detailed Search: Identification and Verification of an Enquirer/Nominee and access to a Member's registered Will details and/or Will copy.
12.1 In the case a Member hasregistered a Will with Us, the following release of information applies:
a. Any registered information about the location of the original Will is only released if the Will-maker has added a Nominee to their registered Will, in which case the registered details will be made available to the nominated person/persons (prior to/after their death).
b. The release of a Member's Will copy isin accordance with the State/ Territory Laws surrounding the release of Wills upon the Will-maker's death (i.e. Executor(s) or Solicitor acting on behalf of an Executor(s)).
12.2 Enquiries that produce a Successful Registry Search Result for a Member's registered Will copy will require the Enquirer/Nominee to upload relevant documentary evidence including (but not limited to):
a. A certified copy of Member's Death Certificate; AND
b. Enquirer's evidence of Executorship (i.e. certified copy of Executor's photo identification - Passport or Drivers Licence); OR
c. Enquirer's evidence: Solicitor acting on behalf of Executor (including a Letter from the Solicitor and a certified copy of the Executor's photo identification - Passport or Drivers Licence); OR
d. Enquirer's evidence of Next of Kin/Guardianship/Inheritor (including a certified copy of Birth Certificate and photo identification such as Passport of Drivers Licence)/a certified copy of evidence of Power of Attorney and relevant identification (including Birth Certificate and photo identification such as a Passport or Drivers Licence); AND
e. any other evidence or authority which we may request or the Member may have requested.
12.3 Documentary evidence is to be uploaded via the Enquirer's account - Search Results menu (select 3 dots at end of row to upload documents) in order for Us to manually check a Member's information (i.e. registration and document copies), and whether the Enquirer is identified as the Executor or Solicitor acting on behalf of an Executor (or any other authorized person in accordance to the relevant State/Territory Law) and have been granted permission to access the Member's registered details on the system.
12.4 Once the Registry has undertaken a Detailed Search, a written response will be issued via the Enquirer's account relating to one of the following:
a. the successful retrieval and release of a Will copy;
b. notification of ineligibility (i.e. insufficient/invalid documentation; Executorship unidentified);
c. the inability to access/retrieve a Member's information due to incomplete Registration details or no permission granted by the Member (i.e. no Nominee details entered).
12.5 Although we endeavour to respond at our earliest, an approximate response time of up to 12 workings days can apply for a Detailed Search from the date of enquiry and all requested documentation is received by us (whichever isthe later).
12.6 A Member must have authorised us to release their information, prior to us divulging any details.
13. Payment Transactions
13.1 Payment Gateway Provider and Transaction Security: All credit card transactions are conducted by a reputable third party payment gateway provider (i.e. SecurePay).
13.1.1 Information is protected by industry standard Secure Socket Layer (SSL) technology, where it is encrypted on your system, then decrypted on the payment gateway server.
13.1.2 You indemnify us from any issues arising from any transactions conducted by the third party payment gateway provider.
13.2 Receipts: When a payment has been successfully processed, you will receive a tax invoice which you can download and print. This tax invoice is an acknowledgment of your payment transaction, but not an acknowledgment that payment has been successfully received and processed by us.
13.3 Refunds: There are no refunds available for transactions that have been processed by us. Members must ensure they have fully read and understood any product/service offering including our Terms and Conditions and Privacy Policy prior to purchase.
13.3.1 Comprehensive Search Coupons: In the event a third-party provider fails to provide a Search response within 30 days of submitting the enquiry via our portal, you may request Coupon Credit (up to the same value of the specific Search Enquiry made with the provider that failed to respond) which can be used to conduct another Search in the future.
14. Memories: In order to use our services, a person must sign up an account to become a Member and agree to our Terms and Conditions, Privacy Policy.
14.1 Letters to Loved Ones: A Member can create a Letter to Loved Ones either by uploading a Physical Letter OR creating a Digital Letter via their account.
14.1.1 You understand and agree that any Letters to Loved Ones are not legally binding.
14.1.2 Upon completion, the Member can Nominate when they would like to send their Letter and who they would like to be the Recipient of their Letter.
14.1.3 Upon selecting a date and nominating a Recipient, the Recipient will receive either a SMS (with a secure link) to sign up and access the Letter OR an Email (with a secure link) to sign up and access the Letter.
14.2 Video Messages: A Member can create a Video Message either by uploading a Video Message OR creating a Video Message via their account.
14.2.1 You understand and agree that any Video Messages are not legally binding.
14.2.2 Upon completion, the Member can Nominate when they would like to send their Video Message and who they would like to be the Recipient of their Video Message.
14.2.3 Upon selecting a date and nominating a Recipient, the Recipient will receive either a SMS (with a secure link) to sign up and access the Video Message OR an Email (with a secure link) to sign up and access the Video Message.
14.3 Life Events + Stories: A Member can create a Life Event/Story via their account.
14.3.1 You understand and agree that any Life Events + Stories are not legally binding.
14.3.2 Upon completion, the Member can Nominate when they would like to send their Life Event/Story and who they would like to be the Recipient of their Life Event/Story.
14.3.2 Upon selecting a date and nominating a Recipient, the Recipient will receive either a SMS (with a secure link) to sign up and access the Life Event/Story OR an Email (with a secure link) to sign up and access the Life Event/Story.
15. My Intentions: In order to use our services, a person must sign up an account to become a Member and agree to our Terms and Conditions, Privacy Policy.
15.1 Final Farewell: A Member can complete their Funeral/Memorial Service wishes in their account following the set-by-step questionnaire.
15.1.1 You understand and agree that this document is not a legally binding document and is only used as a guide to help your chosen Recipient(s) carry out your Intentions.
15.1.2 Upon completion, the Member can Nominate who they would like to be the Recipient of the Funeral/Memorial Service document (i.e. Executor).
15.1.3 Upon nominating a Recipient, the Recipient will receive either a SMS (with a secure link) to sign up and access the document OR an Email (with a secure link) to sign up and access the document.
15.2 Eulogy + Obituary Notes: A Member can complete their Eulogy and Obituary Notes in their account following the set-by-step questionnaire.
15.2.1 You understand and agree that this document is not a legally binding document and is only used as a guide to help your chosen Recipient(s) carry out your Intentions.
15.2.2 Upon completion, the Member can Nominate who they would like to be the Recipient of the Eulogy and Obituary Notes document (i.e. Executor).
15.2.3 Upon nominating a Recipient, the Recipient will receive either a SMS (with a secure link) to sign up and access the document OR an Email (with a secure link) to sign up and access the document.
15.3 Executor Instructions: A Member can complete their Executor Instructions in their account following the set-by-step questionnaire.
15.3.1 You understand and agree that this document is not a legally binding document and is only used as a guide to help your chosen Recipient(s) carry out your Intentions.
15.3.2 Upon completion, the Member can Nominate who they would like to be the Recipient of the Executor Instructions document (i.e. Executor).
15.3.3 Upon nominating a Recipient, the Recipient will receive either a SMS (with a secure link) to sign up and access the document OR an Email (with a secure link) to sign up and access the document.
16. Referrals - Personal:
16.1 Upon completing the Free Suitability Questionnaire for the Australian Legal Will, if your circumstances are deemed to be unsuitable for using the Australian Legal Will, we will give you the option to get a Referral from an independent Australian Legal Practitioner specialising in Wills and Estates, that is registered on our system.
16.2 You will be asked to answer a number of additional questions before we forward the Referral.
16.3 Once a Referral is sent, you will be able to keep track of the Referral progress by signing up an Account and agreeing to our Terms and Conditions, and Privacy Policy. An Australian Legal Practitioner will get in contact with you (usually within 2 business days) to understand your circumstances and provide you with a pricing estimate.
16.4 Any dealings you have with your Referral are solely between you and the Australian Legal Practitioner. We do not have any involvement in those dealings and in no way represent any of the Australian Legal Practitioners in any way, as they work independently to us.
17. Referrals - Business:
17.1 A paid Business Plan Membership can 'Opt-In' or 'Opt-Out' of the Referral service upon sign up and at any stage via the Business (Administrator) Profile section of the account. This feature enables a Business to receive potential new clients, that have performed the Free Suitability Questionnaire for the Australian Legal Will on our website and have been determined as having 'complex' estate matters.
17.2 Once a referral is received into your account, you will be notified by email and/or SMS.
17.3 You will then need to retrieve the referral details in your account and make contact with the Referral. We encourage you to make contact as soon as possible (preferably within 1 business day), to help provide a efficient service. The Referral details will provide you with the Person's basic details (Full Name, Contact Number, Email), as well as some additional information pertaining to their situation, as to help you best determine what service offering(s) you can provide.
17.4 Any Referral that You receive in your account is up to You to proactively contact the Referral. We do not get involved in the process, other than capture feedback from the Referral as to the quality of service received by You. This information will be used to help Us identify which Businesses are providing a quality service that meet customer service expectations and how the service may be improved.
18. Personal Plan Annual Membership (including Clients of Business/Professional Members):
18.1 A user must select a Membership Plan suitable for their circumstances. If a Member selects a paid Membership Plan, a pre-paid annual Membership fee is payable by the Member.
18.2 Upon sign up/renewal, a Member can select how many years' Membership they would like to purchase (i.e. 1, 3, or 5 years). Please refer to the Fees section of this site for pricing details. Prices may vary according to market conditions.
18.3 From time-to-time we reserve the right to change/update Plan features and will communicate any changes with you (via email and/or letter, and the website).
18.4 If a Member has registered through a Business or Professional Member, you will receive a Free Basic Membership Plan which can be upgraded at any stage. If a Client of a Business/Professional Member upgrades their Membership (themselves), all future annual Membership fees will be charged directly to the Member (Business/Professional Client) and NOT to the Business/Professional.
18.5 A Member can view their remaining Membership period anytime, by logging into their account and selecting 'Settings, 'Profile', 'Membership'.
18.6 Membership Renewal: To renew a Membership, go to 'Profile' – 'Membership' – 'Renew Membership'. If a Membership is renewed prior to expiry, the remaining Membership period is carried over. A courtesy reminder email and/or invoice will be sent to a Member to inform them of any upcoming or outstanding payments.
18.7 Upgrade/Downgrade of Paid Membership Plans: If you upgrade of downgrade a Paid Plan, any remaining membership period will be foregone on that Plan/deducted from the total amount due. We recommend any upgrade is done towards the end of your Membership Period, so as to maximise the benefits of your existing Plan.
18.8 Membership Expiry: If a Membership expires, the Member account will be de-activated (incl. associated account benefits (i.e. restricted access)), until all outstanding payments have been processed by us. If a Member account is de-activated, any documents that have been registered, as well as Nominee access to those documents, will remain active.
18.8.1 If the Membership has expired for a considerable period of time (i.e. 5 Years or more), the Registry is entitled to terminate the account at its discretion. A courtesy email and/or invoice will be sent to a Member to remind them of any upcoming or outstanding payments.
19. Business Plan Annual Membership
19.1 A pre-paid annual fee is payable for all Business plans, other than the Free Bronze Plan.
19.2 Upon signing up to a Business Plan, you will receive all the associated benefits of that particular Plan. Please refer to the 'Fees' section of the site for plan features and pricing details. Plan prices may vary according to market conditions.
19.3 From time-to-time we reserve the right to change/update Plan features and will communicate any changes with you (via email and/or letter, and the website).
19.4 The Business account Administrator can view the remaining plan period anytime, by logging into the Administrator account, selecting 'Edit Profile', and viewing the 'Membership Expiry Date'.
19.5 To renew a plan, select 'Click to Renew Your Plan' next to the 'Membership Expiry Date'. When a plan is renewed prior to expiry, the remaining plan period is carried over.
19.6 If a Business plan expires, the associated benefits of the account will be de-activated (i.e. restricted access to the Business Administrator and Professional Member account(s)), until the plan has been activated and any outstanding payments have been processed by us.
19.7 Information stored on any Business/Professional Member account(s) that have expired will remain on our system indefinitely. Importantly, any Client Member Account(s) formed by a Business/Professional Member will not be affected by an expired Business/Professional Member account and will continue to operate as per normal.
20. Upgrading or Downgrading a Paid Business Plan
20.1 The Business account Administrator can upgrade or downgrade from an existing Business plan (if the number of existing Professional Member accounts is/are not greater than the number of accounts permitted in the new plan) anytime, by logging into the Administrator account, selecting 'Profile' - 'Membership' – 'Renew Your Plan' located next to the 'Membership Expiry Date'. Once a new plan has been selected, the payment page will appear to proceed with the transaction.
20.2 Subscription to a particular plan will begin after successful payment has been processed by us. If upgrading or downgrading from an existing plan prior to expiry, the remaining plan period amount will be deducted from the total amount due. If there are any excess funds after the remaining play period has been applied to the new place, this amount will be forfeited.
20.3 Upon switching plans, a new yearly Membership will begin, that incorporates the associated benefits of the new plan.
21. Charity/Entity Plan Annual Membership
21.1 Any Charity/Entity that signs up to our Bequest Listing Service (i.e. Gift/Bequest Listing in the Australian Legal Will creation questionnaire) is bound by these Terms and Conditions/Privacy Policy.
21.1.1 Upon signing up to a Charity/Entity Plan, you will receive all the associated benefits of that particular Plan. Please go to the 'Profile' - 'Membership' section of your account for plan features and pricing details. Plan prices may vary according to market conditions.
21.1.2 From time-to-time we reserve the right to change/update Plan features and will communicate any changes with you (via email and/or letter, and the website).
21.1.3 Listing of the Charity/Entity name on the Australian Legal Will Creation Questionnaire under the section 'My Gift (Bequest)' enables the Testator the option to select to make a Gift/Bequest of a Fixed amount (above $1000) OR a Percentage of their Residual Estate in their Will.
21.1.4 An online account (Professional Business) must be established to utilise the Bequest Listing Service. The Bequest listing will be made available throughout all States & Territories in Australia.
21.1.5 When a Will-maker agrees to the Australian Registry of Wills, Deeds and Documents Pty Ltd to notify the Charity/Entity in which they choose to make a Gift/Bequest and/or Active Donor Request, we will advise the Charity/Entity via the Charity/Entity account at the time the Gift/Bequest and/or Active Donor Request is added to our system.
21.1.6 A Paid Listing will be in force for 12 months from the date of payment being received by Us and all documentation (including Logo/Image files) being submitted and approved by Us.
21.1.7 If a Paid Listing expires, a Free 'Look Up' Listing will come into effect until further written notice isissued from either party, or the Charity/Entity Renews their Plan.
21.2 Upgrading or Downgrading a paid Charity/Entity Plan: The Charity/Entity Account Administrator can upgrade or downgrade from an existing Plan by logging into the Administrator account, selecting 'Profile' - 'Membership'. Once a new plan has been selected, the payment page will appear to proceed with the transaction.
21.2.1 If downgrading, the number of existing account features utilised should not be greater than the number of account features permitted in the new plan.
21.2.2 If a Charity/Entity is on a Paid Plan, they will not be able to downgrade to a Free Plan until their existing Paid Plan expires.
21.2.3 If downgrading within the Paid Plans prior to expiry, the remaining plan period amount will be deducted from the total amount due of the new plan.
21.2.4 A new yearly Membership will begin from the date ofswitching plans, which will incorporate the associated benefits of the new plan.
21.3 Gift/Bequest and/or Active Donor Request: If a Gift/Bequest and/or Active Donor Request is made to a Charity/Entity that is either listed or not listed on our Site, a standard Gift/Bequest Referral Notification fee will apply in order for the Gift/Bequest and/or Active Donor Notification details to be retrieved.
21.3.1 The Gift/Bequest Referral Notification and/or Active Donor Request details will be released to a Charity/Entity once the Gift/Bequest Referral Notification and/or Active Donor Request fee is paid.
21.3.2 If a Member (Will-maker) edits/updates their Will, leading to a change in the Gift/Bequest and/or Active Donor Request amount, the standard Gift/Bequest Referral Notification and/or Active Donor Request fee will apply as a function of utilising this service.
21.3.3 If however, a Member (Will-maker) edits/updates their Will within the first 12 months of creation - leading to the removal of the Gift/Bequest and/or Active Donor Request to the Charity/Entity, the Registry will credit the standard Gift/Bequest Referral Notification fee and/or Active Donor Request fee to the Charities/Entities main Business Administration account.
21.3.4 Any credit(s) will remain in the Charity/Entity Administration account until they are used to pay for a future Gift/Bequest Referral Notification and/or Active Donor Request Notification retrieval, and are unable to be cashed-in.
22. Featuring a Charity/Entity on the 'Bequests' page
22.1 A Charity/Entity may be entitled to feature their organisation on the 'Bequests' page of the site depending on the chosen Membership Plan.
22.2 Any Charity/Entity adding a feature on the Bequests page of the site must do so via their Account, and submit their feature (including Logo, Organisation/Cause description, and related image) to us for review/approval/disapproval.
22.3 We reserve the right to disapprove a feature Charity/Entity listing or discontinue a listing without any specific reason provided to you. Thisis in accordance with ensuring there is no conflict of interest or any issue (direct or indirect) that may arise out of featuring a listing.
23. Charity/Entity social media posts
23.1 Based on the Membership Plan a Charity/Entity hassubscribed, they may be entitled to promoting their Bequest Listing via our Facebook page.
23.2 Any social media posts will be done in collaboration with the Charity/Entity and must be approved (in writing) before being published.
23.3 The sharing or forwarding of any social media posts on our Facebook page requires consultation with us.
23.4 If we approve for a social media post to be shared or forwarded on your social media platform, any comments or feedback that may have a negative/harmful impact on our brand/reputation, we have the right to request that the post, comment or feedback is removed or hidden from the social media platform and that appropriate action is taken to do so within a timely manner, as to reduce any negative impact this may cause.
23.5 With any shared or forwarded posts, we ask that you monitor your social media account/feed to ensure any negative/harmful posts are brought to our attention straight away, so we can collaborate on how best to deal with them.
23.6 Where applicable, you agree to comply with Section - 35 'Social media content you submit to our Social Media Sites' of these terms.
24. Account Changes/Updates/Closures
24.1. Personal Account: If a Member (or authorised delegate) no longer wishes to use this service and wants to close their account, they must contact us via the 'Contact Us' page on the website using their registered email address (that we have listed on the system) and provide their Full Name, Date of Birth, Mobile and the reason as to why they wish to close their Account, as well as any other necessary documentation that may be requested by us to prove their identity (i.e. Driver's Licence, Birth Certificate).
24.1.1 We will then review the request and if deemed satisfactory, we will proceed to close/delete the Member's account.
24.1.2 Account closures can take up to 14 working daysfrom the time we receive the notification and all requested documentation has been received by us.
24.1.3 Once a Member's account is deleted, there is no way to reverse this process, and all relevant information pertaining to the Member will be removed from our system.
24.1.4 It is the responsibility of the Member to inform any Nominees/Recipients that may have been communicated via the system, that they no longer use the service.
24.2. Business Account: If the Administrator (or authorised delegate) of a Business account no longer wishes to use this service and wants to close the Business account, they must contact us via the 'Contact Us' page on the website using their registered email address (that we have listed on the system) and provide their Full Name, Date of Birth, Administrator's Mobile, Documentary evidence if identification (such as a copy of their Driver's Licence, Birth Certificate) and reason as to why they wish to close the Business Account and what they intend to do with any existing Professional Members that may be registered (associated) with that account and how they will communicate this account closure with them, as well as any other necessary documentation that may be requested by us.
24.2.1 We will then review the request and if deemed satisfactory, we will proceed to delete the Business (and associated Professional Member(s)) account.
24.2.2 Account closures can take up to 14 working days, from the time that the notification and all requested documentation has been received by us.
24.2.3 Once a Business (and Professional Member(s)) account is deleted, there is no way to reverse this process, and all relevant information pertaining to the Member(s) account(s) will be removed from our system.
24.2.4 Any registered Client Member Accounts will remain on the system, irrespective of whether the Business/Professional Member(s) account(s) are active or not.
24.3. Professional Member: If a Professional Member (User of a Business Account) wishes to close their account, they may contact the Business Administrator for that Business Account and request them to do so.
24.3.1 Any Member's (Clients) registered under the Professional Member's account may be transferred by the Administrator to another Professional Member within the Business Account, prior to deleting the Professional User account. This will ensure the smooth transition and continuation of any Member (Client) accounts.
25. Specific Warnings
25.1 You must ensure that your access to this web site and the use of the System is not illegal or prohibited by laws which apply to you.
25.2 You must take your own precautions to ensure that the process which you employ for accessing the System does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
25.3 For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any related web site.
26. Right of Access
26. 1 We reserve all rights to deny or restrict access to the System to any person or organisation, or to block access from a particular Internet address to this web site, at any time, without notice and without ascribing any reasons whatsoever. 26.2 Our disclaimer will nevertheless survive any such termination.
27. Liability
27.1 By using our services, you hereby agree that in no event shall we be liable to you (whether in contract or not (including negligence or breach of statutory duty) or otherwise) for any direct or indirect or consequential loss, damage or expenses, (including loss of profits, business, goodwill or other special loss) howsoever arising out of our provision of the service and we shall have no liability whatsoever to pay any money to you by way of compensation other than to reimburse to you an amount that in no circumstances whatsoever exceeds the amount paid by you for the services.
28. Indemnity
28.1 By using this site, you hereby expressly understand and agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmlessfrom and against all claims or demands, including all direct, indirect, incidental, special, consequential or exemplary damages, reasonable legal costs, made by any third party due to or arising out of your use of our service, your breach or violation of our terms of service, or your breach or violation of any rights of another or anybody accessing the service using your account.
29. Copyright, Patents, Trademarks and other Intellectual Property Rights
29.1 We are the rightful owner of the domain name www.theaustralianregistry.com.au and all the intellectual property (including any copyright, trade mark and database right) associated with the System belongs to us.
29.2 You acknowledge that the Data, our database and the System, including the design and layout of this web site, are protected by copyright, trademark and other forms of proprietary rights owned by us or our licensors.
29.3 Except as otherwise provided or with the prior written permission of the owners of the intellectual property, you shall not adapt, reproduce, copy, duplicate, publish, on-sell, upload, post, transmit, exploit for any commercial purposes or otherwise distribute in any way the Data, our database or the System, or permit or facilitate any of such acts.
29.4 You shall not commercialise the products and services obtainable from this web site in any form, except with our prior written permission and subject to any such conditions imposed by us.
30. Disclaimer of Warranties and Liability
30.1 The Data and the System are provided on an "as is" and "as available" basis without warranties of any kind. To the fullest extent permitted by law, we do not warrant and hereby disclaim any warranty: a. as to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the Data and the System; b. that the Data and the System will be uninterrupted, error-free, timely or secure, or that defects will be corrected or that the System are and will be free of all viruses, bugs or other harmful elements; c. that the information transmitted through the System is secured, although we will strive to protect the security of the data transmitted over the Internet by encrypting the channel of transmission using Secured Socket Layer technology. d. that the search results obtained from the use of the System will be accurate or reliable. e. as to the quality of any services, products, information or other materials obtained by you through the System will meet your expectations.
30.2 We will also not be liable for any damage or loss of any kind, however caused (including by negligence), as a result (direct or indirect) of the use of or reliance on this web site or any linked website, including but not limited to any damage or loss suffered as a result of reliance on the Data or the System contained in or available from or accessed through this web site. 30.3 We accept no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.
31. Traffic 31.1 Traffic Statistics may be recorded by us in order to monitor the efficiency and effectiveness of this web site and any business undertaken by us.
32. Advertising Standards
32.1 All advertising material must be pre-approved by us.
32.2 Parties interested in advertising on this site should contact us via the Contact Us page of the site and forward their advertising request.
32.3 Advertising material/Logo's/Web site links should relate to the services being provided on this site and not in any way detract, prejudice or discriminate from them.
33. Links from this Web Site to other web sites 33.1 This web site may contain hyperlinks to other web sites ("linked websites") which are not maintained by us.
33.2 We are not responsible for the contents or privacy practices associated with the linked web sites.
33.3 The linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
33.4 Use of the hyperlinks and access to such web sites are entirely at your own risk.
33.5 Hyperlinks to other web sites are provided as a convenience. In no circumstances shall we be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on web sites to which this web site islinked. 34. Links to this web site from other web sites
34.1 Except as set forth below, caching and links to, and the framing of this web site or any of its contents are prohibited.
34.2 You must secure written permission from us prior to hyper-linking to, or framing, this web site or any of its contents, or engaging in similar activities. We reserve the right to refuse or to impose conditions when permitting any hyper-linking to, or framing of this web site or any of its contents.
34.3 Your linking to, or framing any part of this web site or its contents constitute acceptance of these Terms and Conditions. Thisis deemed to be the case even after the posting of any changes or modifications to these Terms and Conditions. If you do not accept these Terms and Conditions, you must discontinue linking to, or framing of this web site or any of its contents. 34.4 In no circumstances shall we be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on web sites that link to this web site or any of its contents.
34.5 We reserve all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
34.6 We reserve the right to disable any unauthorised links or frames and disclaim any responsibility for the content available on any other site reached by links to or from this web site or any of its contents.
35. Social media content you submit to our Social Media Sites
35.1 When a user of any of our Social Media Sites (" Social Media Site User ") submits any personal information or materials via a Social Media Site including text, comments, recordings, images or otherwise (" Social Media Site User Content "), the Social Media Site User, unless the Registry advises otherwise, licenses and grants the Registry, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Social Media Site User Content for any purpose in any media (including but not limited to, company brochures and other marketing and/or advertising material), without compensation, restriction on use, attribution or liability.
35.2 Social Media Site Users agree that they are fully responsible for the Social Media Site User Content they submit.
35.3 The Registry shall not be liable in any way for such Social Media Site User Content to the full extent permitted by law and shall not be deemed or considered to in any way authorise, endorse, approve or support any material submitted by any Social Media Site User.
35.4 The Registry may screen and/or remove and/or request that the third party operator of any social media site or website remove any Social Media Site User Content without notice for any reason whatsoever.
35.5 Social Media Site Users warrant and agree that:
a. they will not submit any Social Media Site User Content that is unlawful, fraudulent, or which may breach any intellectual property rights, privacy, publicity or other right, or is unreasonably commercial (for example, a 'guerrilla marketing' attempt), defamatory, obscene, profane, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, misleading or deceptive, or otherwise unsuitable for publication;
b. they will obtain prior consent to the submission of their Social Media Site User Content from all persons who appear in (for example, in photographs) or have any rights in relation to any property that appears in or forms part of their Social Media Site User Content;
c. their Social Media Site User Content will be their own original work and, to the extent that any rights in that work (including copyright) are not owned by the Social Media Site User, they will obtain full prior consent from any person who has jointly created or has any rights in the Social Media Site User Content, to the uses and terms herein;
d. their Social Media Site User Content shall not contain viruses or cause injury or harm to any person or entity or device; and e. they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer, mobile communications device or any other communication systems.
35.6 Without limiting any other terms herein, the Social Media Site User agrees to indemnify the Registry (and any of its related bodies corporate) for any loss or expense the Registry and/or any of its related bodies corporate may suffer in relation to any breach of the above terms.
35.7 Social Media Site Users consent to any use of their Social Media Site User Content in accordance with Section 35 of these terms which may otherwise infringe their moral rights pursuant to the Copyright Act 1968, including the Registry or its affiliates and sub-licensees using and reproducing that Social Media Site User Content without attributing it to the Social Media Site User, or making modifications or adaptations to the Social Media Site User Content for the purpose of reproducing, publishing or displaying that modified or adapted content in another media.
35.8 Social Media Site Users warrant and agree that they will, prior to its submission, obtain an equivalent consent from each other person who has created the Social Media Site User Content.
35.9 The Social Media Site User agrees to indemnify the Registry (and any of its related bodies corporate) against all costs and claims by third parties arising from a breach of this warranty.
36. Governing Law and Jurisdiction
36.1 You agree that these Terms and Conditions shall be governed and construed in accordance with laws of the State of Victoria, and you submit to the exclusive jurisdiction of the courts of Victoria. 37. Waiver and Severability
37.1 If we waive any rights available to us under any terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
37.2 If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue to be valid and enforceable. 38. War, Terrorism and Natural Disaster Indemnity
38.1 Notwithstanding anything to the contrary contained herein this Policy indemnifies usfrom any liability caused by Loss or Damage directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, terrorism, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalisation or requisition or a significant natural disaster event (e.g. Earthquake, Tsunami, Bushfire, Flood) or health emergency (e.g. pandemic) or destruction of or damage to property by or under the order of any government or public or local authority.
39. Dispute Resolution Process
39.1 We offer an internal dispute resolution service in relation to any concerns or complaints you may have about the Registry. If a dispute is not resolved to your satisfaction through our internal dispute resolution service, you may then refer your concern or complaint to an external dispute resolution service.
39.1.1 Internal Dispute Resolution Service
Step 1: In the first instance, please write to us regarding any concern or complaint you may have at the address below. We will look into your case and endeavour to resolve any issue raised. You should receive a response from us within 14 business days of us receiving your letter. Note, please allow up to an additional 7 days for postage and handling.
Step 2: If you are not satisfied with our initial response, please write to the 'Dispute Resolution Manager' who will handle your matter personally. You should receive a response from us within 21 business days of us receiving your letter. Note, please allow up to an additional 7 daysfor postage and handling. Address: Australian Registry of Wills, Deeds and Documents Pty. Ltd. Att: Dispute Resolution Manager P.O.Box 18354, Collins Street East, Melbourne, VIC, 8003
39.1.2. External Dispute Resolution Service
Step 3: In the event that we are unable to resolve your concern or complaint internally via Steps 1 & 2 of Section - 'Internal Dispute Resolution Service', you may raise the matter with the Office of the Australian Information Commissioner via the details below. This is an Australian Government body offering free and accessible dispute resolution services to clients. This service is available to clients who have attempted to resolve their complaint internally within their organisation. Telephone: 1300 363 992 (if calling from outside Australia including Norfolk Island please call: +61 2 9284 9749) National Relay Service: • Teletypewriter (TTY) users phone 133 677 then ask for 1300 363 992 • Speak and Listen users phone 1300 555 727 then ask for 1300 363 992 • Internet relay users connect to the National Relay Service then ask for 1300 363 992 Post: Office of the Australian Information Commissioner, GPO Box 5218, SYDNEY NSW 2001 Fax: +61 2 9284 9666 Email: enquiries@oaic.gov.au Website: http://www.oaic.gov.au/privacy/making-a-privacy-complaint
40. Policy Information 40.1 If you have any questions about this Policy, you can send us an email via the 'Contact Us' page on our website or write to us at: P.O. Box 18354, Collins Street East, Melbourne, VIC. 8003.
Last updated 24.11.2024