Terms & Conditions of Service

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Terms and Conditions of Service

  1. Welcome to WillCraft. We are a service that is owned and provided by Guardian Law, a law firm registered in Singapore at 1 Park Road #04-06 People’s Park Complex, Singapore 059108 (collectively “we”, “us”, or “our”).
  2. Thank you for choosing us in assisting you in the preparation of your Will.
  3. We operate the website https://willcraftnow.com (“Site”), the application hosted at willcraft.netlify.com (“App”), as well as any other related products and services that refer or link to these Terms of Use (collectively, the “Services”).
  4. By accessing and/or using our Service, you agree to be bound by these Terms and Conditions of Service (“Terms”).
  5. By clicking “Sign Up”, “Login”, “Generate” and/or other similar buttons, logging into your account, accessing and/or using our Services, you accept and agree to the following: -
    1. that you are bound by these Terms and any additional terms, including terms set out in our Privacy Policy and Terms of Use, that we may impose; and
    2. that you are entering a legally binding agreement with us.

Definitions and Interpretations

  1. Capitalised terms in these Terms, unless otherwise expressly defined herein, have the following definitions:

    **Account **the account that you have created with us for the provision of our Services

    **Company **the account that you have created with us for the provision of our Services

    Guardian Law, and all references to “we”, “us” or “our” in these terms refer to the Company, including any officer, employee, servant or agent thereof

    **Content **includes, without limitation, any and all information, data, text, messages, writing, articles, responses, business profiles, photographs, videos, audio clips, software, scripts, graphics and interactive features generated, or other materials provided, posted or otherwise made accessible or available in/on:

    1. the Site, including but not limited to any articles or posts;

    2. the Drafting Interfaces; and

      1. any written communication between WillCraft or the Company and you

    Content shall include any Copies, duplicates, photographs or screenshots of the Site and the Drafting Interfaces, whether in digital or physical medium

    **Copy, Copies and Copying **the use of any robot, spider, other automatic software or device, or manual process to monitor or copy, frame, mirror, modify, reproduce, republish, distribute, display or transmit, the Site in whole or in part, or any or all of the Content, regardless of whether such monitoring or copying, framing, mirroring, modification, reproduction, republication, distribution, display or transmission of the the Site or Content is done through a digital or physical medium

    **Details **any personal details in relation to any person, including but not limited to a person’s: -

    1. full name and alias(es) (if any);

    2. Identification number, including but not limited to your National Registration Identification Number (NRIC), Foreign Identification Number (FIN), birth certificate number or passport number;

    3. gender;

    4. marital status;

    5. date of birth and age;

    6. residential address(es);

    7. asset details;

    8. religion; and

    9. contact information including email address(es) and telephone numbers

    **Draft Will **the Will that is generated by the system from the Details that have been collected from the User, or the Information provided by the User

    **Drafting Interface **the drafting interface available on the Site that serves, inter alia, to collect Information and Details on you, your beneficiary(s), substitute beneficiary(s), executor(s), substitute executor, asset(s), allocation of asset(s), testamentary guardian and any other information in relation to your last rites and funeral (as applicable)

    **Excluded Drafting Services **generating a Draft Will that includes foreign assets, express trusts or testamentary trusts;

    1. generating a Draft Will that includes more than one (1) substitute executor

    2. generating a Draft Will where multiple executors that are not joint executors

    **Excluded Services **1) where multiple executors are not joint executors;

    1. provision of any professional financial advice in relation to your Draft Will or the drafting thereof;

    2. provision of any Professional Legal Advice in relation to estate and succession planning;

    3. ensuring that all Details provided are current, true, complete and accurate;

    4. ensuring that your Draft Will accurately reflects your estate and succession planning intentions;

    5. ensuring that any of your assets will be distributed in accordance with your wishes upon your passing;

    6. ensuring that your Draft Will is properly executed in accordance with the relevant legal formalities as required by law;

    7. ensuring that any of the clauses in your Draft Will are and will be valid or effective in law; and

    8. ensuring that your Draft Will is or will be valid in law

    **Information **1) without limitation, any information, data, text,

    messages, writings, articles, responses, business profiles, photographs, videos and audio clips that you choose to provide, submit or transmit to us through our Site or through any form and/or medium including but not limited to web forms within our Site, emails to us and in your conversations with any of our employees and/or agents;

    1. Details that you provide, submit or transmit to us regardless of whether such Details belong or pertain to you and whether or not you have authority, approval or consent to so provide, submit or transmit such Details to us;

    2. Details of other persons that you may provide, submit or transmit to us through the use of our Site;

    3. your account details that you have created on our Site, including your User Login ID and password; and

    4. any Draft Will that is generated by our Site

    **Professional Legal Advice **1) advising the User on whether the Drafting Interface

    might be sufficient for his/her estate and succession planning needs and requirements;

    1. advising the User on the legal requirements in relation to the execution of his/her Draft Will;

    2. advising the User on the validity of any of the clauses of his/her Draft Will with regard to the applicable laws that apply to the User; and

    3. advising the User on the validity of his/her Draft Will with regard to the applicable laws that apply to the User

    **Third Party Server **third party cloud based data servers that we utilise to store information

    **User **any person or entity that engages in the Use of our Site

    Use accessing, viewing, using or otherwise interacting with our Site or any part or element thereof, and includes but is not limited to the following: -

    1. accessing or viewing our Site, as well as utilising and links on the same;

    2. accessing or viewing any Content on our Site;

    3. accessing or viewing or using our Services whole or in part;

    4. clicking buttons or links on our Site including but not limited to the buttons described as “Register”, “Login”, “Start Now!” or similar buttons;

    5. receiving any notification or communication from our Site or from us (n whatever medium including emails, text messages, or any other form of communication); and

    6. entering any input into the Drafting Interfaces

    **Will Drafting Service **Service generating the Draft Will from a User’s input into the Drafting Interfaces

Use of our Services

  1. Our Services are intended for Users who are:- 3. at least 21 years old. Persons under the age of 21 are not permitted to use our Services; 4. of sound mind; 5. a Singapore Citizen, Singapore Permanent Resident or a person habitually domiciled in Singapore; and 6. a non-muslim.
  2. You must first register and create an account on our Site by creating a User Login ID and password.
  3. You are responsible for the veracity of all Details that you provide, submit or transmit to us via our Site. You hereby agree that all Details provided, submitted or transmitted by you are current, true, complete and accurate.
  4. Where Details provided by you relate to another person, you confirm that you have obtained their consent or approval to disclose such Details to us and that such Details are current, true, complete and accurate.
  5. When registering for an account, you must provide us with Details that we may reasonably require in order for us to provide our Services to you. You also agree to keep your contact information up to date.
  6. You agree that an account created by you shall be used by you only and will not be shared or transferred to others.
  7. We reserve the right, at our discretion, to restrict access to any areas of our Site or the entire Site.

Excluded Drafting Services and Excluded Services

  1. You agree that you will not use our Drafting Interfaces to generate a Draft Will that requires Excluded Drafting Services.
  2. In the event that you require Excluded Drafting Services, please contact us directly.
  3. You agree and acknowledge that our Drafting Interfaces does not provide Excluded Services.
  4. In the event that you require Excluded Services, please contact us directly.

Restriction of Use

  1. You agree that you shall not use our Site other than in accordance with these Terms, our Terms of Use and our Privacy Policy.
  2. You agree that you shall not: - 7. use our Site or Services for any other purpose except to facilitate your personal use of our Services to generate your own Draft Will; 8. sell, sublicense, time-share or otherwise share our Services with any third party; 9. Copy or use our Content in connection with a service deemed to be competitive by us; 10. access our Services for purposes of monitoring its availability, performance, functionality or for any other benchmarking or competitive purposes; 11. send spam or unwelcome communications to us or any other Users or act in an unlawful, defamatory, libellous, abusive, discriminatory otherwise objectionable manner as determined by us, through the use of our Services; 12. decompile , reverse engineer, disassemble, rent, lease, loan, sell, sublicense or create derivative works from our Site or Services; 13. use any network monitoring or discovery software to determine the website architecture or extract information about usage, individual identities or our Users; 14. use any device, software or routine that interferes with any application, function or use of our Site or Services or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or communication; 15. Copy our Site or Content for any commercial, non-profit or public purpose unless with our express written consent; 16. Copy our Site or Content for any purpose except to the extent of generating your own Draft Will; 17. use our Site to transmit any false, misleading, fraudulent or illegal communications; 18. use our services, whether directly or indirectly, to support any activity that is illegal and/or immoral including but not limited to violating our intellectual property rights or that of others; 19. override any security feature of our Services; and 20. authorise, incite, abet or conspire with any third party to do any of the above.

Agent and Personal Representative

  1. If you are agreeing to these Terms and/or using our Services on behalf of, at the request of or under the direction of another person, you represent and warrant that you have authority to bind that person to these Terms and your agreement to these Terms will be treated as the agreement of that person. In this event, save for this clause, “you” and “your” as used in these Terms shall refer to that person to the extent possible.
  2. You confirm that: 21. you have obtained the consent of that person to act on his/her behalf; 22. you have notified that person of these Terms and that he/she is aware of her obligations as set out in these Terms;
    23. you are a duly authorised agent of that person and are duly authorised to consent to these Terms on his/her behalf; 24. by accessing and/or using our Site and/or Services, you are consenting to these Terms on his/her behalf; 25. the person you are acting for is at least 21 years old; 26. the person you are acting for is non-muslim; 27. the person you are acting for is of sound mind; and 28. the person you are acting for is fully able and competent to accept, abide and comply with these Terms.

Details and Confidentiality

  1. By accessing and/or using our Services, you agree to be bound by our Privacy Policy.
  2. You represent that any Details provided by you in the course of your use of our Site and/or Services are current, true, complete and accurate and that provision of the same complies with the relevant laws and/or regulations of your jurisdiction, including but not limited to the Singapore Personal Data Protection Act 2012.
  3. You agree that any and all Details provided by you, whether pertaining or belong to you or not, may be collected and stored on our servers and that you grant us non-exclusive, worldwide, royalty-free, sub-licensable, transferable rights and license to Copy, use, host, store, cache, reproduce, publish, display, distribute, transmit, modify, adapt and create derivative works of Details, without any further consent, notice and/or compensation to you or others, subject to the relevant legislation.
  4. Save that we comply with the relevant data privacy laws within the Republic of Singapore, including but not limited to the Personal Data Protection Act 2012, nothing in these Terms shall be deemed to impute an obligation of confidentiality on us with respect to any Details provided by you.

Third Party Servers

  1. We use Third Party Servers to store and manipulate your Information in order to provide our Services, the Drafting Interfaces and to generate and store your Draft Will.
  2. Whilst we will make reasonable efforts to use secure Third Party Servers with similar data protection standards to the Singapore Personal Data Protection Act 2012, the security and storage location of you Details will be based on the security measure put in place by the Third Party Servers and the location of those Third Party Servers.
  3. You consent and authorise us: - 29. to transmit, send or otherwise communicate your Information to such Third Party Servers for the purposes of providing you our Services and in particular, to generate your Draft Will; and 30. to manipulate, use and store your Information on such Third Party Servers for the purposes of providing our Services and in particular to generate your Draft Will.
  4. You agree that your Information may be transmitted, sent or otherwise communicated to our Third Party Servers and thereafter stored on our Third Party Servers at any locations at which their physical servers exist for the purposes of providing our Services and in particular our Will Drafting Service.
  5. You agree that the security measures with regard to the sending, transmission or communication to and storage of your Information on those Third Party Servers are adequate and reasonable.
  6. You agree that we may change our Third Party Servers at any time and at our sole discretion.
  7. We shall not be responsible for: - 31. any breach by the Third Party Servers in the receipt and storage of your Information and we shall not be liable for any losses and/or damages suffered or incurred by you arising from such breach; and 32. any breach on our part in sending, disclosing, transmitting and/or communicating your information and we shall not be liable for any losses and/or damages suffered by you arising from such breach.
  8. You, your estate and your beneficiaries undertake to keep us and our affiliates, officers, agents and employees indemnified and wholly harmless against: - 33. any losses, damages, costs, liabilities and expenses (including, without limitation, any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers and all legal fees and all related costs and expenses of litigation, arbitration, mediation or any other forms of dispute resolution) incurred or suffered by us relating to or arising from: - 1. any action started by you, your estate or beneficiaries, whether in an action of contract, negligence or other tortious action, including without limitation, any claim for personal injury or property damage, against us arising out of or in connection with any dispute regarding the sending, disclosing, transmission or communication of your Information to and subsequent storage of the same by the Third Party Servers; or 2. any action started by you, your estate or beneficiaries, whether in an action of contract, negligence or other tortious action, including without limitation, any claim for personal injury or property damage, against any Third Party Servers; and; 34. any other indirect, punitive, special, incidental or consequential damage or economic loss (including all legal fees and all related costs and expenses of litigation, arbitration, mediation or any other forms of dispute resolution) suffered by us as a result of your action against any Third Party Servers whether in an action of contract, negligence or other tortious action, including without limitation, any claim for personal injury or property damage.

Payment

  1. Some of our Services require the payment of fees (“Paid Fees”).
  2. All fees stated in our Site are in Singapore dollars.
  3. You shall pay all applicable fees payable in relation to the provision of our Services and any related taxes or additional charges.
  4. All Paid Fees are final and non-refundable, except at our sole discretion and in accordance with the terms of the Service provided.
  5. Termination of these Terms may result in the forfeiture of any Paid Fees.
  6. We may change the fees that remain unpaid for any of our Services at any time and at our sole discretion. We shall provide you with reasonable notice of such changes in fees by posting the new fees on our Site. If you do not agree with the new fee, you may choose to not purchase our Services and to stop using the same.
  7. In order to bill you, we use a third party payment service provider (“Payment Processor”).
  8. By making use of the payment services on our Site, you agree to be bound by the Terms and Conditions as laid down by the Payment Processor. You authorise us to delegate authorisation and share information provided by you with the Payment Processor to the extent required by us to provide our Services to you.
  9. We may, at our sole discretion, change our Payment Processor at any time. We will notify you of the terms of the new Payment Processor.
  10. The terms of your payment will be based on your preferred payment method and may be determined by agreement between you and the financial institution, credit or debit card issuer or other provider of your chosen payment method. If we do not receive payment from you, you agree to pay any and all amounts due and owing on your Billing Account upon demand.
  11. The security of your payment details will be based on the security measures put in place by the Payment Processor.
  12. You agree that your payment details will be transmitted, sent or otherwise communicated to the Payment Processor and thereafter stored on their servers for the provision of our Services.
  13. You agree that such use and storage of your payment details may be done on the Payment Processor’s servers and that the security measures with regard to the sending, transmission and communication to and thereafter the storage on such servers are adequate and reasonable.
  14. The storage location of your payment details is based on the physical location of the servers maintained by the Payment Processor.
  15. You agree that we shall not be responsible for: - 35. any breach by the Payment Processor in the receipt and storage of your payment details, including but not limited to any losses and/or damages suffered or incurred by you arising from the receipt and storage of your payment details by the Payment Processor; and 36. any breach of negligence by us in sending, disclosing, transmitting and/or communicating your payment details, including but not limited to any losses and/or damages suffered or incurred by you arising out of the sending, disclosing, transmitting, and/or communicating of your payment details by us.
  16. You, your estate and your beneficiaries undertake to keep us and our affiliates, officers, agents and employees indemnified and wholly harmless against: - 37. any losses, damages, costs, liabilities and expenses (including, without limitation, any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers and all legal fees and all related costs and expenses of litigation, arbitration, mediation or any other forms of dispute resolution) incurred or suffered by us relating to or arising from: - 3. any action started by you, your estate or beneficiaries, whether in an action of contract, negligence or other tortious action, including without limitation, any claim for personal injury or property damage, against us arising out of or in connection with any dispute regarding the sending, disclosing, transmission or communication of your payment details to and subsequent storage of the same by the Payment Processor; or 4. any action started by you, your estate or beneficiaries, whether in an action of contract, negligence or other tortious action, including without limitation, any claim for personal injury or property damage, against any Payment Processor; and; 38. any other indirect, punitive, special, incidental or consequential damage or economic loss (including all legal fees and all related costs and expenses of litigation, arbitration, mediation or any other forms of dispute resolution) suffered by us as a result of your action against any Payment Processor whether in an action of contract, negligence or other tortious action, including without limitation, any claim for personal injury or property damage.

Cancellation

  1. When you book an appointment date on our Site, you are holding a space in our calendar that is no longer available to other Users. In the event that you are unable to attend the appointment, please contact us via telephone or email at least 3 days notice prior to your scheduled appointment.
  2. Provided that your appointment is cancelled at least 3 days prior to your scheduled appointment, you may schedule a new appointment date with no additional costs. 39. A cancellation or reschedule made less than the 3 days notice period will result in a cancellation fee of S$_____________. 40. A no-show is when a User does not appear for the scheduled appointment. In the event of a no-show, a fee of S$**_** shall be payable. 41. In the event of an emergency, we reserve the right to waive any fees payable by you to us.

Limitation of Liability

  1. Our Site and Services are provided on an “as is” and “as available” basis. The use of our Site and our Services are at your own risk. We make no representation, whether expressed or implied, with respect to the User’s Information provided through our Site or Services or to the accuracy, legal validity or correctness of the Draft Will and the clauses therein as generated by us.
  2. Nothing in these Terms excludes or limits our liability for death or personal injury directly arising from our negligence or our fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law.
  3. To the extent permitted by law and notwithstanding anything to the contrary in these Terms, we exclude all conditions, warranties, representation or other terms which may apply to: - 42. our Site and specifically the Drafting Interfaces or any Content, whether expressed or implied; 43. the quality, reliability, timeliness or accuracy of the Will Drafting Service, generated Draft Will and/or the Drafting Interfaces;
  4. To the extent permitted by law, we shall not be liable to you, your estate and/or your beneficiaries for: - 44. any indirect, incidental, exemplary punitive or consequential damages of any kind whatsoever;
  5. Without prejudice to clause 10.4 above, we shall not liable to you, your estate and/or your beneficiaries for any indirect, incidental, exemplary punitive or consequential damages of any kind whatsoever incurred, relating to, arising from or otherwise connected, whether directly or indirectly, to: - 45. your access to, use of, or inability to access or use our Site and/or Services; 46. any manner in relating to any Content, in particular your reliance on any Content; 47. misappropriation and/or misuse of your Information and/or any other information by any Third Party Service Provider, including our Third Party Servers and Payment Processors; 48. the quality, reliability or accuracy of the Will Drafting Service and Draft Will; 49. utilising the Will Drafting Service to perform Excluded Drafting Service; 50. any act, omission, neglect, default, mistake, error or inaccuracy, whether programmatic or typographical, in the Will Drafting Service or in the Draft Will, which results, whether directly or indirectly, in a failure of distribution, gift or transfer of any asset; an incorrect distribution, gift or transfer of any asset; any deviance of distribution, gift or transfer of any asset from your wishes; the invalidity of any clauses in the Draft Will or the invalidity of the entire Draft Will; 51. the validity of the Draft Will; and 52. the execution of the Draft Will.
  6. If you require certainty as to the validity of your Draft Will and the clauses therein, please contact us immediately.
  7. We accept no liability for the content of other websites that you visit via hyperlinks from our Site. In the event that you obtain knowledge of illegal content on such websites which can be reached from our Site, please inform us immediately so that we can remove the same from our Site.
  8. To the extent permitted by law, our total liability for any claim under these Terms, including any implied warranties, is limited to the amount of fees you paid to use our Services or S$200.00 whichever is greater.

Electronic Communications, Transactions, And Signatures

  1. Using our Services, sending us emails, completing online forms (e.g., via the App or mobile text message) constitute electronic communications. For purposes of forming a legally binding agreement, you hereby consent to receive electronic communications and agree that all terms and conditions, agreement, notices, disclosures and other communications that we provide to you electronically satisfy any applicable legal requirements, including that these be made in writing. You acknowledge that there is inherent risk in use of the Internet and that information transmitted through the Internet in general is not confidential. We cannot and do not guarantee the privacy or protection of any electronic communications through the Internet. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
  2. In addition to communicating via electronic means, we may contact you via letter or telephone where appropriate. We may also communicate with you via any mobile messaging applications (including SMS, WhatsApp or Telegram). Any communications or notices sent by post will be deemed received three (3) days from the date of posting for Singapore post or within five (5) days of posting for international post. Any communications or notices sent by any mobile messaging applications will be deemed received the same day.

Indemnification

  1. You, your estate and/or beneficiaries undertake to keep us and our affiliates, officers, agents and employees indemnified and wholly harmless against: - 53. any breach of these Terms by you or any third party; 54. ineligible use of our Site or our Services; 55. any provision of incorrect or false information on our Site; 56. any information you provide, submit or transmit through our Site or your violation of any rights of another as a result of the provision, submission or transmission of any information to or through our Site (which includes the provision of personal data of other person(s) without their consent); 57. any violation by you of any laws, statutes, rules or regulations, even if we have previously advised you of the possibility of such violation; and 58. any other indirect, punitive, special, incidental or consequential damage howsoever arising (including all legal fees and all related costs and expenses of litigation, arbitration, meditation or any other forms of dispute resolution), whether in an action of contract, negligence or other tortious action, including without limitation, any claim for personal injury or property damage.

Termination

  1. In the event that you have not used and made payment for any of our Services, either party may terminate this agreement at any time without notice and without reason. Upon such termination, your right to access and use our Services will automatically cease and you will not continue to access and use our Services.
  2. In the event that you have used and made payment for any of our Services, either party may terminate this agreement with notice by way of email to the other.
  3. We reserve the right to terminate or temporarily suspend, without notice, your access to our Services in the event that: - 59. there has been a material breach by you of these Terms which has not been cured by you within 10 days of receiving notice by us; 60. we determine that you actions are likely to cause legal liability for us; 61. you have misrepresented any data or information that you have provided to us; 62. you have failed to make payment upon demand.
  4. You agree to waive your right to pursue any costs, losses, damages or liabilities arising out of or related to our temporary suspension and/or termination of your access to our Site and/ or Services.

Miscellaneous

  1. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
  2. These Terms and any other terms and conditions, including our Terms of Use and Privacy Notice, of our Services constitute the entire agreement between you and us with respect to our Services and supersedes all prior understandings, agreements, representations and warranties, both written and oral, between us with respect to our Services.
  3. Nothing in these Terms of Use will be construed as creating an agency, a partnership or joint venture between us, constitute any party being the agent of the other party, or authorise any party to make or enter into any commitments for or on behalf of the other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
  4. These Terms, and any dispute or claim arising out of or in connection with it and/or your account, or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore. Any disputes or claim arising out of or in connection with these Terms of Use and/or your account shall be subject to the exclusive jurisdiction of the Courts of Singapore.
  5. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
  6. A person who is not a party to these Terms of Use has no rights under the Contracts (Rights of Third Parties) Act 2001 of Singapore (or any equivalent legislation under applicable law) to enforce any term of these Terms, save as expressly provided in these Terms.

2024-02-29T01:26:54+08:00