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User Terms and Conditions

User Terms and Conditions

YOUR USE OF THIS SITE AND / OR SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE ("Terms of Use").

  1. By accessing www.willcraftnow.com and any of its sub-domains (“Website”, or “WillCraft”) or by using the Services, you agree to enter into a legally binding agreement with Draftiy Pte. Ltd. (“Company”) on the terms and conditions set out below. ### WillCraft is a tool to assist users in will drafting
  2. WillCraft is established to assist in the drafting of wills by Users, and for those Users to be optionally referred to a lawyer upon them drafting their will. We are not a law firm and we do not provide any legal advice.
  3. WillCraft is owned and operated by the Company, which will be the legal entity with which you are entering into this agreement.
  4. We are not a law firm and we do not provide any legal advice. Nothing in the Website shall constitute or create a solicitor-client relationship between us and any User.
  5. WillCraft is not a substitute for any financial and/or legal service, and you agree to obtain your own independent professional legal and/or financial advice for complete estate and succession planning, or to provide certainty that any will generated by the Services is valid under the laws that may apply to you. ### Legally Binding Agreement
  6. You are required to accept these Terms of Use (as amended from time to time) before you can access and use the Services. By accessing and/or using the Website and/or the Services, you consent to be bound by these Terms of Use.
  7. You agree that by clicking "Generate" or similar buttons, logging in, accessing, or otherwise using our Service in any way, you are entering into a legally binding agreement with us. For the avoidance of doubt, these Terms of Use also apply to unregistered visitors ### Definitions
  8. In this Terms of Use, where possible and applicable, the terms as set out in this clause have the corresponding meanings:
    1. Account means the account you opened with us for the provision of the Service.
    2. Company means Draftiy Pte. Ltd., and all references to "we" and/or "us" in these Terms of Use refers to the Company (or any, officer, employee, servant or agent thereof).
    3. Content includes, without limitation, any and all information, data, text, messages, writings, 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 Website, including but not limited to any articles or posts posted on the same;
      2. the Drafting Interfaces; and
      3. any written communication between WillCraft or the Company and you, and
      4. for the avoidance of doubt, Content shall include any Copies, duplicates, photographs or screenshots of the Website and the Drafting Interfaces, whether in the digital or physical medium.
    4. Copy means 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 Website in whole or in part, or any or all of the Content, whether or not such monitoring or copying, framing, mirroring, modification, reproduction, republication, distribution, display, or transmission of the Website or Content is done through or in a physical or digital medium.
    5. Copies, or where applicable, a Copy mean any copy made by Copying.
    6. Details means any personal details in relation to any person, whether true or not, including but not limited to a person's:
      1. Email Address;
      2. Marital Status;
      3. Name or Alias(es);
      4. National Registration Certificate Number;
      5. Passport Number;
      6. Asset Details;
      7. Age;
      8. Known Address(es);
      9. Religion; and
      10. Gender.
    7. Draft Will means the will that is generated by the system from the Details that have been collected from a User, or the Information provided by a User.
    8. Drafting Interface mean the drafting interface available on the Website that serves, inter alia, to collect information or details on you, your beneficiary(s), substitute beneficiary(s), executor(s), substitute executor, assets, allocations of asset(s), guardian and wishes in relation to your last rites and funeral, (as applicable).
    9. Excluded Drafting Services means:
      1. generating Draft Wills that cover foreign assets, express trusts and testamentary trusts;
      2. where the Drafting Interface is used, generating Draft Wills that;
      3. contemplate having more than one Substitute Executor; or
      4. where there are multiple executors appointed, contemplate having executors that are not joint executors.
    10. Excluded Services means:
      1. where there are multiple executors appointed, contemplate having executors that are not joint executors;
      2. the provision of any Professional Financial Advice in relation to your Draft Will or the drafting thereof;
      3. the provision of any Professional Legal Advice in relation to estate and succession planning;
      4. Ensuring that all Details provided are true, complete, current and accurate;
      5. Ensuring that your Draft Will accurately reflects your estate and succession planning intentions;
      6. Ensuring that any of your assets will be distributed in accordance with your wishes upon your passing;
      7. Ensuring that your Draft Will is properly executed in accordance with the relevant legal formalities that may be required by law ;
      8. Ensuring that any of the clauses in your Draft Will are or will be valid or effective in law; and
      9. Ensuring that your Draft Will is or will be valid in law.
    11. Information includes:
      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 Website or through any form and/or medium including but not limited to web forms within our Website, emails to us, and in your conversations with any of our employees and/or agents;
      2. Details that you provide, submit or transmit to us whether or not 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; and
      3. Any Draft Will that is generated by the Website.
      4. For the avoidance of doubt, Information shall include: Details of other persons that you may submit or transmit to us through the use of the Website. .
    12. Lawyer's Portal means the area of the Website that is available to Legal Service Providers in order to access a User's Information.
    13. Legal Service Provider means that any lawyer(s) or law firm(s) that we work with from time to time in providing the Referral Service.
    14. Professional Legal Advice, for the avoidance of doubt shall include:
      1. Advising the User on whether the drafting interface might be sufficient for his/her estate and succession planning needs and requirements;
      2. Advising the User on the legal requirements in relation to the execution of his/her Draft Will;
      3. Advising the User as to whether or not his/her Draft Will is validly signed;
      4. Advising the User on the validity of any of the clauses of his/her Draft Will with regard to the laws that apply to you; and
      5. Advising the User on the validity of his/her Draft Will with regard to the laws that apply to you.
    15. Referral Service means the service of referring a User to a Legal Service Provider.
    16. Services mean the act of disclosing a User's Information on the Lawyer's Portal.
    17. Third Party Legal Services means any engagement or agreement made, or any service or work done pursuant to any engagement or agreement made between the User and the Legal Service Provider.
    18. Third Party Servers mean the third party, cloud-based, data servers that we use to store Information.
    19. User means any person or entity that engages in the Use of our Website.
    20. Use of our Website means accessing, viewing, using or otherwise interacting with our Website or any part or element thereof, and includes but is not limited to the following actions:
      1. Accessing or viewing the Website, as well as utilising any links on the same;
      2. Accessing or viewing any Content on the Website;
      3. Accessing or viewing or using the Services in whole or in part;
      4. Clicking buttons or links on the Website, including but not limited to the "Register", "Login", "Start Now!" or similar buttons;
      5. Receiving any notification or communication from the Site or from us (in whatever medium including email, SMS, fax, or via any other social media platform such as Facebook, Twitter, LinkedIn, or Instagram, etc.); and
      6. Entering any input into the Drafting Interfaces
      7. Generating the Draft Will from your input into the Drafting Interfaces
    21. Will Drafting Service means the service of generating the Draft Will from a User's input into the Drafting Interfaces. ### Privacy Policy
  9. You agree that by clicking "Sign Up", "Login", "Request Quote", "Send Quote" or similar buttons, accessing, registering on our Website or using our Services in any way, you have accepted our Privacy Policy and other terms that may be displayed to you at the time you access the Services. ### Registration
  10. In order to access a Draft Will, you must first register and create a User Login ID and password. We reserve the right to restrict access to any areas of the Website, or the entire Website, at our discretion.
  11. When registering to access and use the Services, you agree to provide us with true, accurate, current and complete information, and details and other information that we may reasonably require from you to provide you with the Services. You also agree to keep your contact information up to date.
  12. Your registration constitutes consent to our use of any Personal Data which you provide us in such registration for the purposes set out in our Privacy Policy and for all uses ancillary thereto for which your consent may reasonably be implied.
  13. Save that we will comply with the relevant data privacy laws within your Territory including not limited to the Personal Data Protection Act 2012, nothing in these Terms of Use shall be deemed to impute an obligation of confidentiality on us with respect to your registration information and the Content. If required by law (including a court order and a government or regulatory demand or requirement having the force of law), we may disclose such information, including but not limited to your registration information, as so ordered .
  14. If we provide you with or if you generate a User ID and Password, you agree to ensure that your password is kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of the Account or password.
  15. You agree that the Account will be used by you only and will not be shared with or transferred to others. ### We may change these Terms of Use and Privacy Policy
  16. These Terms of Use and our Privacy Policy may be changed by us at any time at our sole discretion, and the updated Terms of Use and Privacy Policy will be effective when posted on our Website or when you are reasonably notified by other means, whichever is earlier. If you do not wish to be bound by the change, you may discontinue your use of and terminate the Service before the change becomes effective. Your continued use of the Service after the change becomes effective indicates your agreement and consent to the change and is effective as to the same.
  17. For the avoidance of doubt, we are not responsible for notifying you of any changes to these Terms of Use or the Privacy Policy. We strongly advise you to review the Website, these Terms of Use and/or the Privacy Policy on a regular basis to ensure you understand all terms and conditions governing use of our Services. ### We may change the Services and/or prices.
  18. We may change, suspend or end any Service at any time, and subject to our sole discretion. ### You are eligible to enter into this agreement
  19. You confirm that you:
    1. are at least 21 years old;
    2. you are of sound mind;
    3. you are either a Singapore citizen or a Singapore Permanent Resident;
    4. where Details provided are with regard to yourself, they are true, current, complete and accurate;
    5. you are a non-Muslim
    6. where Details provided are with regard to another person, you have obtained their consent or approval to disclose those Details, and those Details are true, current, complete and accurate. ### Excluded Drafting Services
  20. You agree that you will not use our Services or our Drafting interfaces to generate Draft Wills that would require Excluded Drafting Services. Where your intentions for your Draft Will requires any Excluded Drafting Services, please seek independent legal advice. ### Excluded Services
  21. You agree and acknowledge that we do not provide any Excluded Service and where you require any Excluded Service, that independent legal advice should be sought by you. ### Restrictions on Use
  22. You agree that:
    1. You will not use the Services other than in accordance with these Terms of Use;
    2. You will not use the Website or the Services for any other purpose except to facilitate your personal use of the Services to generate your own Draft Will ;
    3. You will not sell, sublicense, time-share, or otherwise share the Services with any third party;
    4. You will not Copy or use the Content in connection with a service deemed competitive by us;
    5. You will not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
    6. You will not send spam or other unwelcome communications to others, or act in an unlawful, defamatory, libelous, abusive, discriminatory or otherwise objectionable manner as determined by us, through the use of the Services;
    7. You will not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the Service;
    8. You will not use any network monitoring or discovery software to determine the website architecture, or extract information about usage, individual identities or Users;
    9. You will not use any device, software, or routine that interferes with any application, function, or use of the Website or the Services, or is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication;
    10. You will not Copy our Website or Content for commercial, non-profit or public purposes unless with our express and written consent;
    11. You will not Copy our Website or Content for any purpose except to the extent of generating your own Draft Will;
    12. You will not use this Site to transmit any false, misleading, fraudulent or illegal communications
    13. You will not use the Services either 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;
    14. You will not override any security feature of the Services; and
    15. You will not authorize, incite, abet, or conspire with any third parties to do any of the above. ### Provision of details
  23. Where you provide any Details in the course of your use of the Website and/or Services, you represent that any and all Details are true, complete, current and accurate, and 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.
  24. To the extent that the Details refer to information concerning person(s) other than yourself, you represent and warrant that:
    1. such Details are true, complete, current and accurate;
    2. You have obtained the consent or approval of such person(s) in providing such Details to us, and have authority to do the same; and
    3. You have obtained the consent of such person(s) for us to use, collect, store, or disclose such Details in accordance with these Terms of Use.
  25. You agree that any and all Details provided, whether pertaining or belonging to you or not, may be collected and stored on our servers, and that you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, transferable right 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.
  26. Where you have indicated that you intend to be referred to a lawyer, you agree that any and all Details provided may be sent, disclosed, transmitted or otherwise communicated to our Legal Partners by whatever means, mediums or methods including but not limited to electronic mail.
  27. Where any and all details provided by you have been sent to or Legal Partners under our referral system, you accept that we will not be responsible for their handling and subsequent treatment of such information.
  28. Save that we will comply with the relevant data privacy laws within the Republic of Singapore including not limited to the Personal Data Protection Act 2012, nothing in these Terms of Use shall be deemed to impute an obligation of confidentiality on us with respect to any Details provided by you. ### Agent or Representative
  29. If you are agreeing to these Terms of Use and/or using the Services on behalf of, at the request of, or under the direction of another person another person or a business entity (be it a sole proprietorship, partnership, company etc.), you represent and warrant that you have authority to bind that person or business entity (as the case may be) to these Terms of Use, and your agreement to these Terms of Use will be treated as the agreement of that person or business entity. In this event, save for this section, "you" and "your" as used in these Terms of Use shall refer to that person or business entity to the extent possible .
  30. You confirm that:
    1. You have notified the other person of these Terms of Use and the person is aware of these Terms of Use and their obligations;
    2. You are a duly authorised agent of the person or business entity and are duly authorised by the person or business entity to consent to these Terms of Use on his or its behalf;
    3. You are consenting to these Terms of Use on his or her behalf;
    4. That person is at least 21 years old; and
    5. That person is otherwise fully able and competent to accept, abide and comply with these Terms of Use.
  31. Where you use the Services on behalf of another person or business entity, you confirm that:
    1. you are duly authorised by the person to generate a Draft Will on his behalf; and
    2. You are duly authorised by the person or business entity to use the Services.
  32. You agree that we will not be responsible for any error, mistake, omission, neglect or default on the part of you in the use of our Website and Drafting Interfaces by you on behalf of your principal, including but not limited to:
    1. the truthfulness, completeness, currency and accuracy of and Details entered into the Drafting Interfaces by you; and
    2. the truthfulness, completeness, currency and accuracy of your principal’s intentions as reflected in the corresponding Draft Will.
  33. You undertake to keep the Company and our affiliates, officers, agents, partners, and employees indemnified and wholly harmless against:
    1. 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 out of:
      1. any action started by your principal against us, whether in an action of contract, negligence, or other tortious action, including without limitation any claim for personal injury or property damage, arising out of or in connection with any dispute regarding, arising out of, or otherwise in connection with a Draft Will, your use of our Will Drafting Service or your use of the Drafting Interfaces;
      2. any action started by your principal against you, whether in an action of contract, negligence, or other tortious action, including without limitation any claim for personal injury or property damage, arising out of or in connection with any dispute regarding, arising out of, or otherwise in connection with a Draft Will, your use of our Will Drafting Service or your use of the Drafting Interfaces;
      3. Any breach of these Terms of Use by you or your principal; and
    2. Any other indirect, punitive, special, incidental, or consequential damage or economic loss (including legal fees and all related costs and expenses of litigation, arbitration, mediation or any other forms of dispute resolution) incurred or suffered by us as a direct or indirect result of a breach of confidentiality or any breach of the Singapore Personal Data Protection Act 2012 with respect to the User's Information, whether or not the said damages or economic losses were suffered or incurred as a result of an action started by you or your principle, whether in an action of contract, negligence, or other tortious action, including without limitation any claim for personal injury or property damage. ### Content for Information Purposes only
  34. You agree that any Content provided by or on the Website, and specifically in or on the Drafting Interfaces are for information purposes only and shall not be treated or construed as legal advice, and that you will not act and will refrain from acting on the basis of any Content.
  35. You agree that this Site is not a substitute for any financial and/or legal service and you agree to obtain your own independent professional legal and/or financial advice for complete estate and succession planning, or to provide certainty that any Draft Will generated by the Services is valid or has been validly executed under the laws that apply to you.
  36. You acknowledge that are not a law firm and we do not provide any legal advice. You agree that nothing in the Site shall constitute or create a solicitor-client relationship between any user and us. ### Accuracy of Content
  37. While we make reasonable efforts to ensure that the Content on the Site are accurate and up to date, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date.
  38. If you dispute any Content or feel that the Content is false, intentionally misleading, defamatory or offensive, you may communicate directly with us at enquiries@willcraftnow.com for the purposes of verifying the Content or taking down the Content from the Site.
  39. We reserve the right, but do not have any obligation, to remove any Content from the Website at any time, and for any reason, without notice. ### Service and Access
  40. We will endeavour to the best of our abilities and within reasonable means to ensure that the Website and the Services are available at all times.
  41. Notwithstanding the foregoing, we
    1. do not warrant that your use of the Services will be uninterrupted or error-free; or that the Services will meet your requirements; and
    2. are not responsible for any delays, delivery failures, or any other lapses in providing the Services.
  42. You acknowledge that the Services may be subject to limitations, delays and other problems related to the use of such communications facilities, or to limitations, delays, and other problems on part of our service providers. ### Our Intellectual Property Rights
  43. We own all Intellectual Property Rights, including those with regard to your Draft Will. These Terms of Use do not convey any proprietary interest in or to our Intellectual Property Rights or entitlement to the use thereof, save for that we grant you an exclusive, worldwide, royalty-free, non-licensable, non-transferable right and license to make duplicates, reproduce, transmit, or modify the Draft Will, strictly for your own non-commercial personal use and without prejudice to Terms of Use. ### Pricing
  44. All prices for the Services are as listed on, inter alia, the landing page of the Website, and on the ‘Checkout’ page of the same. For the avoidance of doubt, where the prices listed on the landing page of the Website or anywhere else on the Website differs from the Checkout page of the Website, the prices listed on the latter shall prevail.
  45. The Prices for the Services may be revised at any time, and may be subject to promotions or incentives which may be provided to you, or withdrawn, at our discretion and under any terms that we may specify. ### Information provided by you
  46. We use Third Party Servers to store and manipulate your Information and Registration Details in order to provide you the Services, the Drafting Interfaces, the Referral Services, and to generate and store your Draft Will. 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 your Information and your Registration Details will be based on the security measures put in place by the Third Party Servers, and on the location of those Third Party Servers.
  47. You consent and authorise us to:
    1. transmit, send or otherwise communicate your Information and Registration Details to such Third Party Servers for the purposes of providing you the Services and in particular to generate your Draft Will; and
    2. manipulate, use, and store your Information on such Third Party Servers for the purposes of providing you the Services and in particular to generate your Draft Will.
  48. You agree that your Information and your Registration Details may be transmitted, sent or otherwise communicated to our Third Party Servers and thereafter to be stored on our Third Party Servers at any of the locations at which their physical servers exist for the purposes of providing you the Services and in particular the Will Drafting Service.
  49. You further agree that the security measures with regard to the sending, transmission or communication to, and thereafter the storage on those Third Party Servers of your Information and your Registration Details are adequate and reasonable.
  50. You agree that we may change Third Party Servers at any time.
  51. We will not be responsible for:
    1. any breach on the part of the Third Party Servers in the receipt and storage of your Information and/or your Registration Details, and shall not be liable for any losses and/or damages suffered or incurred by you in relation to the same; and
    2. any breach on part of us in the sending, disclosure, transmission and/or communication of your Information and/or your Registration Details and shall not be liable for any losses and/or damages suffered or incurred by you arising out of the same.
  52. You undertake to keep us and our affiliates, officers, agents, partners, and employees indemnified and wholly harmless against:
    1. 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 out of:
      1. any action started by you, your estate or your 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 transmission, sending, communication of your Details and Details that you have provided to and subsequent storage of the same by the Third Party Servers; or
      2. any action started by you, your estate or your 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
    2. any other indirect, punitive, special, incidental, or consequential damage or economic loss (including legal fees and all related costs and expenses of litigation, arbitration 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
  53. Some of the Services require payment of fees (the "Paid Services"). All fees are stated in Singapore dollars. You shall pay all applicable fees payable in connection with the provisions of the Services and any related taxes or additional charges.
  54. Purchases of Paid Services are final and non-refundable, except at our sole discretion and in accordance with the terms governing each Paid Service. Termination under these Terms of Use may result in forfeiture of sums paid toward purchased Paid Services.
  55. We may change prices of any unpurchased Paid Services at any time. To the extent applicable, we will provide you reasonable notice of any such pricing changes by posting the new prices on the Site. If you do not wish to pay the new prices, you may choose not to purchase the Paid Services.
  56. We use a third party payment services provider ("Payment Processor") to bill you through a payment account linked to the Payment Processor.
  57. By making use of these payment services on the Site you agree to be bound by terms as laid down from time to time by the Payment Processor and hereby consent and authorise us to delegate the authorisations and share information you provide to us with our Payment Processor to the extent required to provide the Paid Services to you. We may change a Payment Processor at any time and if so, we will inform you of the terms of the new Payment Processor.
  58. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
  59. The security of your payment details you have provided of your payment will be based on the security measures put in place by the Payment Processor.
  60. You agree for your payment details to be transmitted, sent or otherwise communicated to our Payment Processor and thereafter to be stored on our Payment Processor’s servers for provision of the Services and agree that such use and storage may be done on such servers, you further agree that the security measures with regard to the sending, transmission or communication to, and thereafter the storage on those Payment Processor are adequate and reasonable.
  61. The location of your payment details is based on the physical location of the servers maintained by the Third Party Servers.
  62. You agree for your Information to be transmitted, sent or otherwise communicated to our Third Party Servers and thereafter to be stored on our Third Party Servers at any of the locations at which their physical servers exist for the purposes of generating your will and for provision of the Services and agree that such use and storage may be done on such Third Party Servers at such locations.
  63. You agree that we will not be responsible for:
    1. any breach on the part of the Payment Processor in the receipt and storage of payment details, including but not limited to losses and/or damages suffered or incurred by you arising out of the receipt and storage of your payment details by the Payment Processor; and
    2. any breach or negligence on the part of us in the sending, disclosure, transmission and/or communication of your payment details, including but not limited to losses and/or damages suffered or incurred by you arising out of the sending, disclosure, transmission and/or communication of your payment details by us.
  64. You and your estate undertake to keep the company and our affiliates, officers, agents, partners, and employees indemnified and wholly harmless against:
    1. 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 out of:
    2. any action started by you, your estate or your 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 transmission, sending, communication of your payment details to and subsequent storage of the same by the Payment Processor; and
    3. any action started by you, your estate or your 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
    4. any other indirect, punitive, special, incidental, or consequential damage or economic loss (including 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. ### Third Party Law Firms
  65. We work with Legal Service Providers in providing the Referral Service.
  66. We do not derive any referral fees or share in any profit arising from the provisions of any Third Party Legal Services by any Legal Service Provider. We do not act beyond connecting you with the Legal Service Provider of your choice. Your chosen Legal Service Provider and you are free to determine the scope, terms and conditions of your engagement and/or agreement with them. We neither provide, nor exercise any control or oversight over the performance of any Legal Service Provider in providing Third Party Legal Services. For the purposes of any such performance, we are not party to the agreement .
  67. Where you have elected to use the Referral Service, you consent and authorise us upon such election to:
    1. connect you with a Legal Service Provider of your choice; and
    2. to send, disclose, transmit or otherwise communicate your Information to the Legal Service Provider that you have elected; by whatever means or method of communication that we consider reasonable including but not limited to electronic mail.
  68. You You acknowledge that Legal Service Providers are independent contractors and we do not provide, or exercise any control or oversight over the performance of Legal Service Providers in providing the Third Party Legal Services to you .
  69. You agree that any engagement or agreement between you and the Legal Service Providers, and/or your consumption of any Third Party Legal Services is independent of your relationship with us .
  70. You also acknowledge we are not responsible for any activity occurring within Third Party Legal Services, even if logged in through or linked to our Website.
  71. You also acknowledge and accept that a Third Party Service Provider may change, modify or discontinue, temporarily or permanently, any Third Party Services used by you, without notice to you.
  72. In the event the performance of the Third Party Legal Services requires disclosure to and/or access of your Information, you agree that we will not be responsible for:
    1. any breach on the part of the Legal Service Provider in the receipt and storage of your Information, including but not limited to losses and/or damages suffered or incurred by you arising out of the receipt and storage of your Information by the Legal Service Provider; and
    2. any breach on part of us in the sending, disclosure, transmission and/or communication of your Information, including but not limited to losses and/or damages suffered or incurred by you arising out of the sending, disclosure, transmission and/or communication of your Information by us.
  73. You and your estate undertake to keep the Company and our affiliates, officers, agents, partners, and employees indemnified and wholly harmless against:
    1. 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 out of:
      1. any action started by you, your estate or your 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 transmission, sending, communication of your Information to and subsequent storage of the same by the Third Party Service Providers; and
      2. any action started by you, your estate or your 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 Service Provider; and
      3. Any other indirect, punitive, special, incidental, or consequential damage or economic loss (including 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 Service Providers whether in an action of contract, negligence, or other tortious action, including without limitation any claim for personal injury or property damage. ### Limitation of Liability
  74. We provide the Website and the Services on a 'as is' and 'as available' basis and the use of the Website, and the Services are at your own risk. We make no representations express or implied, with respect to User's Information provided through the Website or Services, or to the accuracy, legal validity, or correctness of the Draft Will and the clauses therein as generated by us.
  75. Nothing in these Terms of Use 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.
  76. To the extent permitted by law, and notwithstanding anything to the contrary in these Terms of Use, we exclude all conditions, warranties, representations or other terms which may apply to:
    1. the Website, and specifically the Drafting Interfaces and the Referral Service, or any Content thereon, whether express or implied;
    2. the quality, reliability, timeliness or accuracy of Will Drafting Service, the generated Draft Will and/or the Drafting Interfaces;
    3. the quality, reliability, timeliness or accuracy of any Third Party Legal Service; and
    4. the quality, reliability, timeliness or accuracy of any Third Party Legal Service.
  77. To the extent permitted by law, we shall not be liable to you and/or your estate and/or any beneficiaries of your estate for:
    1. any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever;
    2. loss of profits, sales, revenue, data, use, goodwill, or other intangible losses
  78. In particular, and without prejudice to the clause above, we shall not be liable to you and/or your estate and/or any beneficiaries of your estate for any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever, and any loss of profits, sales, revenue, data, use, goodwill, or other intangible losses, incurred, relating to, arising out of, or otherwise connected directly or indirectly to:
    1. your access to, use of, or inability to access or use the Services and/or our Website;
    2. in any manner relating to any Content, and in particular, your reliance on any Content
    3. your relationship with any Legal Service Provider, and your use of the Legal Services including but not limited to any and all malpractice claims;
    4. the misappropriation and/or misuse of your Information and Registration Details and/or other information by any Third Party Service Provider;
    5. any Excluded Service;
    6. the quality, reliability, or accuracy of the Will Drafting Service and the Draft Will;
    7. use of the Will Drafting Service used in respect of any Excluded Drafting Service;
    8. any act, omission, neglect, default, mistake, error, or inaccuracy, whether programmatic or typographical, in the Will Drafting Service or in the Draft Will, whether or not it directly or indirectly results in a failure of distribution, gift or transfer of any asset; an incorrect distribution, gift or transfer of any asset; any deviance of the distribution, gift or transfer of any asset from your wishes; the invalidity of any clauses in the Draft Will, or the invalidity of the Draft Will;
    9. the validity of the Draft Will; and
    10. the execution of the Draft Will.
  79. If you require certainty as to the validity of your Draft Will and the clauses therein, or accuracy of the Draft Will in relation to your intentions, please seek independent legal advice.
  80. You We also accept no liability for the content of other websites that you visit via hyperlinks from our Site. These are third-party offerings where we have no influence on the configuration and content. Should you obtain knowledge of illegal content on websites of other providers which can be reached via our Site, please inform us so that we can remove the reference to the content in question.
  81. To the extent permitted by law, our total liability for any claim under these Terms of Use, including for any implied warranties, is limited to the greater of SGD 200 or the amount you paid to use the applicable Services. ### Indemnification
  82. You and/or your estate undertake to keep the Company and our affiliates, officers, agents, partners, and employees indemnified and wholly harmless against:
    1. Any breach of these Terms of Use by you or any third party;
    2. Ineligible use of the Website or the Services;
    3. Any provision of incorrect or false information on the Site;
    4. Any Information you provide to, submit to or transmit through our Website, or your violation of any rights of another as a result of the provision, submission of transmission of any Information to or through our Website (which includes the provision of personal data of other person(s) without the consent of such other person(s);
    5. Any violation by you of any laws, statutes, rules, or regulations, even if we have been previously advised of the possibility of such violation; and
    6. Any other indirect, punitive, special, incidental, or consequential damage, however it arises (including legal fees and all related costs and expenses of litigation, arbitration, mediation 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
  83. If you have not used and made payment for Paid Services, either party may terminate this agreement at any time without notice and without reason. Upon termination, your right to access and use the Services will automatically terminate, and you may not continue to access or use the Services.
  84. If you have used and made payment for Paid Services, either party may terminate this agreement with notice via email to the other .
  85. However, in the circumstance stated in clause 88, there is no need for us to furnish notice to terminate or temporarily suspend your access to the Services in the event that:
    1. you breach any material provision of these Terms of Use that, (if it is capable of being cured) is not cured within 10 days from notice to you;
    2. we determine that your actions are likely to cause legal liability for us or that you have misrepresented any data or information required by us to provide you with the Services or at any other time; or
    3. you refuse to make payment of fees accrued despite two written reminders from us.
  86. 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 Website and/or Services as a result of this clause.
  87. Regardless of whether the subscription period has ended, fees for the entire subscription period will not be pro-rated and not be refunded and shall be considered accrued and due on the day your request for subscription is accepted by us
  88. Termination of this agreement shall not affect clauses 36, 55, 57, 67, 76, 80 and 85 of this Terms of Use
    ### Governing law & Jurisdiction and Dispute Resolution
  89. These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Singapore.
  90. If you
    1. live in Singapore; or
    2. are a business entity principally operating in Singapore Any dispute arising out of or in connection with this agreement must first be submitted for mediation at the Singapore Mediation Centre (SMC) in accordance with SMC's Mediation Procedure in force for the time being, failing which the dispute shall be referred to and finally and conclusively resolved by the Courts of the Republic of Singapore. Either/any party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 90 days thereof. Every party to the mediation must be represented by senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached.
  91. If you
    1. live in territories outside of Singapore; or
    2. are a business entity principally operating in territories outside of Singapore, any dispute arising out of or in connection with this agreement must first be submitted for mediation at an accredited mediation body within your territory in accordance with the relevant mediation body's rules and/or regulations in force for the time being, failing which the dispute shall be referred to and finally and conclusively resolved by the courts in your territory. ### Waiver
  92. No failure or delay by a party to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. ### Severance
  93. If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms of Use.
  94. If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms of Use. ### Entire Agreement
  95. These Terms of Use constitute the entire agreement between the parties and supersedes all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between them relating to its subject matter. ### Assignment
  96. You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Terms of Use. However, we may at any time assign, transfer, charge, subcontract or deal in any other manner, with all or any of its rights or obligations under these Terms of Use without your consent. ### Third Party Rights
  97. No one other than a party to these Terms of Use, their successors and permitted assignees, shall have any right to enforce any of its terms. ### No Partnership or Agency
  98. Nothing in these Terms of Use is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person, save for where clauses 32 to 36 are in operation.
Published At: Fri Aug 06 2021 04:03:12 GMT+0800 (Singapore Standard Time)
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WillCraft is set up by ex-lawyers who don't think Personal Legal Services should cost half as much as they do.

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