Terms of Use
Welcome to the website of Estate Essentials (ABN 33 622 823 834) ("we", "us", “our” or “Estate Essentials").
By entering, accessing or using this Website, You agree to comply with the following in all of Your dealings with Estate Essentials as published and accessible via the Website:
This Terms of Use;
The Privacy Policy.
The Terms of Use and our Privacy Policy may change from time to time without notice and at Estate Essentials’ sole discretion, and as a condition for your continuing to access, enter and use this Website, You accept those changes made.
Estate Essentials is not a law firm and does not provide legal advice. If you are unsure whether any Document you create by using our Website is right for you, please seek independent legal advice. Please ensure You obtain independent legal advice if You need assistance in understanding the Terms of Use or our Privacy Policy and to ensure You comply with each of these documents as a condition of accessing and/or using the Website.
You agree to comply with these Terms of Use as a condition to Your visiting and use of the Website. On that basis please ensure You read and understand these Terms of Use so You can carefully comply with the requirements and so You can adhere to the provisions below.
1. Definitions
In these Terms:
“Estate Essentials” means Estate Essentials ABN 33 622 823 834.
“Document” or “Documents” means the self-generated template-based documents created, purchased, or accessed through the Website. These are provided as self-service tools and do not constitute legal advice.
“Fee” means any of the fees charged to You for a purchase made in connection with the Website.
“Intellectual Property” means all intellectual property on the Website and owned by Estate Essentials including all copyright, inventions, patents, registered and unregistered trademarks, designs, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity and includes any enhancement, modification or derivative work of such Intellectual Property, the Website, Interviews, Video, social media publications, content and Documents.
“Interview” means the interactive questionnaire and answer process through which Documents are created.
“Loss” includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
“Purpose” means for your own personal use but not for reproduction or copying in any way whatsoever.
“Privacy Policy” means the Estate Essentials privacy policy, published on the Website, as amended from time to time.
“Terms of Use” means this Estate Essentials Terms of Use published on the Website, as amended from time to time.
“Video” means the recorded imagery, film and/or content accessible through the Website.
“Website” means www.estate-essentials.com.au and any associated social media, landing or other associated webpages, sub-domains and any services accessed through the Website.
“You” “Your” “Yours” “User” and “Customer” means you and your related parties and associates including any person you act on behalf of in connection with the Website.
2. Interpretation
This Terms of Use are to be interpreted in accordance with the following:
a reference to a Party that is a corporation includes a reference to all related corporations as that term is defined under the Corporations Act 2001 (Cth);
headings to clauses are included for the sake of convenience only and do not affect the interpretation of the clauses to which they relate;
references to any statute or statutory provision includes that statute or statutory provision as amended, extended, consolidated or replaced by subsequent legislation and any orders, regulations, instruments or other subordinate legislation made under the relevant statute;
this Terms of Use binds each of Your legal personal representatives, successors and assigns;
all amounts stated in this Terms of Use are amounts in Australian Dollars; and
the singular includes the plural and vice versa.
3. Legal Capacity
By using this Website, you represent and warrant to Estate Essentials that you are over the age of 18 years. If you are under 18 years of age, you must not place orders through this Website.
4. Acknowledgements
Before placing an order through our Website, you acknowledge and agree that:
you have reviewed these Terms of Use;
you meet all legal requirements to prepare the Documents in the State or Territory in which you reside, including:
that you are 18 years of age or older;
that you hold the necessart testamentary capacity to make and order the Documents from Estate Essentials;
that you are capable of entering into a legally binding agreement;
you are completely satisfied that the Documents are suitable for your intended use;
you are solely responsible for the creation and content of your Documents;
you are solely responsible for ensuring that your Documents are properly executed by You, any third parties (where applicable) and by the required witnesses (where applicable);
the Documents offered via our Website are suitable for dealing with or disposing of assets located in Australia only. If you have assets located outside of Australia, or live outside of Australia, we recommend seeking the advice of a lawyer in that jurisdiction for specific advice.
in circumstances where you complete a Document through our Website notwithstanding that you may live overseas or have overseas assets, Estate Essentials shall bear no responsibility and assume no liability for loss, damages or potential ineffectiveness of your Documents in respect to those assets;
if you create Documents via our Website and proceed to validly execute these Documents, any Documents that you have previously made may be revoked and may no longer have any legal effect or operation.
5. Violations of These Terms of Use
Estate Essentials may, without notice, suspend or terminate your access to this Website or refuse to provide Documents if:
you breach these Terms of Use;
the information you provide cannot be verified or authenticated; or
your actions are deemed harmful or could create legal issues for Estate Essentials, its customers, suppliers, or others.
Estate Essentials also reserves the right to remove or block any content it considers inappropriate, unlawful, or in violation of these Terms of Use.
6. Orders
When you place an order on this Website, you are making an offer to purchase the selected Documents. Estate Essentials will process your order once full payment is received.
Estate Essentials reserves the right to cancel or refuse any order at its discretion and will confirm acceptance of an order only once payment is processed and validated.
Amendments and Corrections
We recommend that you carefully review your responses in the questionnaire and the completed Will once it is generated to ensure it accurately reflects your instructions.
If you identify any errors or omissions in your Will that are attributable to Estate Essentials, we will correct them free of charge. However, if the issue arises from incorrect or incomplete information provided during the questionnaire, you can amend your document(s) at no additional cost within 90 days of purchase.
To request an amendment, please email us at info@estate-essentials.com.au with the following details:
Full Name
Submission Date of your questionnaire
Our Reference Number (found at the bottom left corner of your generated documents)
Reason for the Amendment
Upon receiving your request, we will issue an amendment link to your nominated email address along with an amendment code, which you will need to enter at the end of your amended questionnaire. The amendment link will direct you to a partially completed form containing your previous responses.
Please note that some information from your original submission may not be recoverable, and you may need to re-enter certain details or start the process from the beginning.
7. Prices and Discounts
Estate Essentials may update the prices displayed on this Website at any time before you place an order. If pricing changes affect future orders, we will provide advance notice.
Discounts and offers may be available from time to time and can be applied to eligible purchases as outlined on this Website. You are entitled to use these discounts and/or offers in accordance with these Terms of Use only. Only one discount code may be used per transaction.
The total price for your selected Documents will be displayed at checkout and must be paid in full before the Documents become available for download or use. Unless stated otherwise, all prices include GST.
8. Payments
Payment for orders placed through this Website may be made by credit or debit card processed online using our secure third-party payment gateway, eWay (“Payment Gateway”). We are currently only accepting Visa and Mastercard as payment methods.
Payments made through the Payment Gateway are subject to the Payment Gateway’s own terms and conditions and privacy policy in addition to these Terms of Use. For more information about the Payment Gateway, see the eWay website (https://www.eway.com.au/).
Estate Essentials does not store your payment information on our servers.
While our Payment Gateway, our Website host, and any other third party providers employ secure technology for transactions with our Users, we will not be responsible for any damages (whether direct or indirect), that may be suffered by a User whose credit or debit card, bank account information or personal information is used in a fraudulent or unauthorised manner by any person other than Estate Essentials.
You acknowledge that Estate Essentials are not responsible for any errors made by the Payment Gateway, Jotform or any other third party merchant banking providers.
Except as expressly provided otherwise in these Terms of Use all amounts paid through this Website are non-refundable. Nothing in this section affects Your statutory rights as a consumer.
9. Limitation of Liability
Estate Essentials aims to have the content on this Website current, accurate and up-to-date, however You accept that there may be errors, omissions or delays as to the currency and accuracy of the content on the website, Documents and/or Videos. The content on this Website may change without notice and You must not act in reliance on the content on this Website without first obtaining your own independent legal advice.
To the maximum extent permitted by law, Estate Essentials and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability and responsibility to You (or any other person) in contract, tort (including negligence), legislation or otherwise for any loss or damage resulting, directly or indirectly, from any use of, or reliance on, the Website, content on the Website, the Documents and/or Videos.
To the maximum extent permitted by law, Estate Essentials and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limits its liability for breach of any non-excludable condition or warranty/guarantee (implied by legislation) to the amount of the Fee that you have paid for your Documents.
Estate Essentials does not give You any undertaking, representation, or warranty in relation to the Website, Videos, Website content and/or a Documents including as to whether or not the Website, Videos, Website content and/or a Document(s) are suitable for your purpose.
Any goods purchased through our Website come with guarantees that cannot be excluded under the Australian Consumer Law. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods.
10. Indemnity
You agree to indemnify and hold harmless Estate Essentials, along with its officers, employees, agents, consultants, licensors, partners, and affiliates, from and against any claims, losses, liabilities, costs, expenses, or damages (including actual, special, indirect, and consequential losses or damages of any kind, including all legal fees on a solicitor-client basis) that they may suffer or incur due to, arising from, or in connection with (directly or indirectly):
Any material or information you submit, post, transmit, or otherwise make available through this Website;
Your use of or connection to this Website;
Your negligence, misconduct, breach of these Terms of Use, or violation of any law or the rights of any person or third party;
Any claim resulting from your access to or use of any third-party website;
Any claim brought by a third party, including:
Any claim brought by your Estate for expenses or losses incurred by the Estate; and
Any Beneficiary of your Estate;
the provision of the Documents and/or the enforceability of your Documents.
11. No Legal Advice
The Website provides You with an automation tool and does not give any substitute for legal or other professional advice. It is Your responsibility to ensure that any of the Website, Videos, Website content and/or a Document(s) meets Your specific requirements and acknowledge that You will seek professional advice before taking any action in connection with any of the Website, Videos, Website content and/or a Document(s).
Your communication to Estate Essentials and any information provided, stored or downloaded by You is not protected by legal privilege.
You agree to indemnify Estate Essentials for any loss Estate Essentials may suffer as a result of Your failure to obtain independent legal advice before You seek to rely on any of the Website, Videos, Website content and/or a Document(s).
12. Disclaimer
Estate Essentials is not a law firm and is not registered or regulated by the Law Society of Western Australia, Legal Practice Board or any other law society or institute in any other State or Territory within Australia.
By creating your Document(s) through our Website or visiting our Site, you acknowledge and agree that such use or visitation does not constitute or create a solicitor-client relationship between you and Estate Essentials or any of its officers, employees, agents, consultants, licensors, partners and affiliates.
To the maximum extent permitted by law, Estate Essentials does not accept any responsibility whatsoever to you if your Document(s) you have purchased through our Website are not legally correct or suitable for your personal circumstances.
13. General
This Website is provided for Australian residents only.
These Terms of Use are in addition to, and not in derogation of, any other terms or conditions that appear elsewhere on the Estate Essentials Website and must be interpreted accordingly.
Waiver of any power or right under this Terms of Use must be in writing signed by Estate Essentials and is effective only to the extent set out in that written waiver. Any failure by Estate Essentials to act with respect to a breach does not waive Estate Essentials right to act with respect to that breach or any subsequent or similar breaches.
If any term, covenant, condition or provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability and all other provisions will remain in full force and effect.
The parties have not relied on any representation, warranty or agreement that is not expressly set out in the Terms of Use, and no such representation, warranty or agreement has any effect from the date You agreed to these Terms of Use.
You may not assign, novate, subcontract or transfer any right or obligation under these Terms of Use without Estate Essentials prior written consent. You remain liable for Your obligations under these Terms of Use despite any approved assignment, subcontracting or transfer. Estate Essentials may assign, novate, subcontract or transfer any right or obligation under these Terms of Use without Your consent.
Use of this Website, the Documents and the Videos and the information contained on this Website shall be governed by and interpreted in accordance to the laws of Western Australia, Australia and all parties submit to the exclusive jurisdiction of the Courts of Western Australia, Australia in respect of any claim, matter, loss or issue in connection with this Terms of Use.