Terms

Last updated: November 2018

Terms & Conditions

This website (Site) is operated by SIMPLYESTATE PTY LTD trading as simplyEstate (ABN 30 630 070 923) (we, our or us). This Site is available at: https://www.simplyestate.com.au and may be available through other addresses or channels.

1) Consent: By accessing and/or using our Site, materials and information available on and/or downloadable from this Site (Content) and/or services including (without limitation) estate planning, phone appointments, notification service and administrative support (Services), you agree to these Terms & Conditions and our Privacy Policy (available on our Site) (Terms). Please read these Terms carefully before engaging our Services and immediately cease using our Site and/or Services if you do not agree to them.

 

2) Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied Terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current Terms. The Site, Content and/or Services provided are subject to change without notice. We do not undertake to keep our Site and/or Content up-to-date and we are not liable if the Site and/or any Content is inaccurate or out-of-date.

 

3) Information: The Content and Services provided by us are not comprehensive and are for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice including (without limitation) legal advice, financial advice, accounting advice, tax advice or medical advice. You should rely on your own critical evaluation of the Services and information provided or seek appropriate professional advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content and information provided as part of our Services, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

 

4) Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

 

5) Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a)  anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent or the legal right to do so) or any other legal rights;

(b)  using our Site to defame, harass, threaten, menace or offend any person;

(c)  interfering with any user using our Site;

(d)  tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e)  using our Site to send unsolicited email messages; or

(f)  facilitating or assisting a third party to do any of the above acts.

 

6) Restricting access: We reserve the right to restrict or terminate your access to our Site and/or Services at any time without notice.

 

7) Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

 

8) No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own Site or any other platform, without obtaining a licence to do so from us.

 

9) Intellectual property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

(a)  copy or use, in whole or in part, any Content;

(b)  reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c)  breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another Site or platform, or creating derivative works from the Content.

 

10) Third party Sites: Our Site contains links to Sites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the Content on those Sites.  You should make your own investigations with respect to the suitability of those Sites.

 

11) Downloadable Content: You may purchase and download documents from our Site on a pay-per-document basis or may pay a fee that entitles you to download all documents. All prices will be displayed once you have selected the document(s), proceed to the check-out and complete the payment information. You authorise us to charge the credit or debit card you supplied for your purchase. The download of documents is non-refundable unless there is an issue with the downloaded document and we are unable to resolve the issue within 14 days from the date you notify us via email to [email protected].

 

12) Estate Planning: We may provide estate planning services in accordance with these Terms when you purchase an estate planning service granting access to different levels of services including capturing of information and wishes, requesting quotes, creating legal documents and pre-paid bundled estate administration services via our Site.

All prices will be displayed once you have selected the service(s), proceed to the check-out and complete the payment information. You authorise us to charge the credit or debit card you supplied for your purchase in full or on a recurring basis as per the payment plan selected by you at the time of purchase. We will:

(a)  grant you access to a password protected member area;

(b)  allow you to capture, save and edit your personal information and wishes on our Site;

(c)  request third parties to contact you directly to discuss quotes and services with you that you have specifically indicated to us at the time of submitting the request on our Site, via email to a dedicated or generic email address;

(d)  request legal documents to be drafted by third parties based on the information provided by you;

(e)  allow you to make life-long online amendments of the last will and testament generated via our Site so long as no additional clauses were made by a third party;

(f)  forward all the relevant information you provided to us and you consent us to share this information with the specified third-parties electronically via email in accordance with our Privacy Policy (available on our Site) upon submission;

(g)  forward any correspondence received by us in error relating to you to the nominated contact details specifically indicated at the time of paying for this Service;

(h)  follow up with the third-party as is reasonable;

(i)  provide your nominated authorised contact(s) access to your account after your death by completing the authentication process, consisting of a 145-point identity check, evidence of the secure ID and a death certificate;

(j)  provide you and/or your personal representative up to three hours guidance and administrative support via phone appointment booked on our Site as part of the Assisted  estate planning service. Additional hours can be purchased separately as required; and

(k)  Fully refund the amount paid if you notify us within 30 days from purchase via email to [email protected]. Refunds may take up to 30 days to clear in your account.

 

13) Phone appointments: We may provide you with guidance, information and/or clarification but not advice over the phone in accordance with these Terms when you schedule an appointment via our Site. Each phone appointment will be:

(a)  booked by you for a specified date and time (times are in Australian Western Standard Time unless expressly stated otherwise);

(b)  for the duration selected on our Site at the time of booking;

(c)  charged per the price listed on our Site at the time of booking;

(d)  charged from either the credit or debit card you supply and authorise us to charge when making the booking, or paid by bank transfer per the tax invoice issued to you by email after making the booking;

(e)  concluded at the expiry of the scheduled time, after which a new appointment must be scheduled on our Site; and

(f)  non-refundable and charged fully if the booking was not cancelled 24 hours prior to the appointment by notifying us in writing via email to [email protected].

 

14) Notification service: We may provide the simplyNotify notification service in accordance with these Terms when you request this via our Site. We will:

(a)  not allow any changes to be made after you have engaged our Service on our Site by submitting the request;

(b)  notify the government departments, companies and organisations that you have specifically indicated to us at the time of submitting the request on our Site via email to a dedicated or generic email address of each third-party;

(c)  forward all the relevant information you provided to us and you consent us to share this information with the specified third-parties electronically via email in accordance with our Privacy Policy (available on our Site);

(d)  notify the government departments, companies and organisations of the death and request to respond directly with their requirements including (without limitation) instructions, request for further details and request for completion of forms to the nominated contact specifically indicated at the time of submitting the request on our Site;

(e)  forward any correspondence received by us in error relating to your case to the nominated contact specifically indicated at the time of paying for this Service;

(f)  not follow up with the third-party as part of this notification service; and

(g)  not provide any information to the government departments, companies and organisations by post, fax or other communication channels as part of this Service.

 

15) Administrative support: We may provide you with administrative support after agreement of the scope, hourly rate, billing arrangement and deadline. Administrative support will be:

(a)  for general administration including (without limitation) reviewing post, completion of standard forms, liaising with government departments, companies and organisations on your behalf and gathering information;

(b)  not include the preparation of any legal documents or applications to a court of law;

(c)  non-refundable and charged per the agreed hourly rate at the time of engaging us as mutually agreed in writing; and

(d)  terminated with immediate effect when either party informs the other party in writing via email to [email protected] after which all documents must be handed back by us to you within 14 days of the notice or after full payment for the delivered Services was made by you to us.

 

16) Third party services: We may refer you to a third-party service provider to seek specific advice.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the advice provided by those third parties.

 

17) Discontinuance: We may, at any time and without notice to you, discontinue our Site and/or provision of Services, in whole or in part. We may also exclude any person from using our Site and/or Services, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

 

18) Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site, the Content and/or Services, including (without limitation) that:

(a)  they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b)  access to our Site will be uninterrupted, error-free or free from viruses; or

(c)  our Site will be secure.

You read, use and act on our Site, the Content and/or Service provided at your own risk.

 

19) Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use, inaccessibility of, interruption to, outage of and/or discontinuance of our Site, Content and/or Services and/or any loss or corruption of data and information and/or the fact that the Content and information provided is incorrect, incomplete or out-of-date.

 

20) Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site, Content and/or Services or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

 

21) Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

 

22) Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

 

23) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

 

24) Jurisdiction: Your use of our Site, Content and/or Services and these Terms are governed by the laws of Western Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site, Content and/or Services may be accessed throughout Australia and overseas.  We make no representation that our Site, Content and/or Services comply with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site, Content and/or Services from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site, Content and/or Services.

 

For any questions and notices, please contact:
SIMPLYESTATE PTY LTD (ABN 30 630 070 923)
Email: [email protected]
Last update: 5 June 2019

Privacy Policy

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our website and mobile application (Site). In this Privacy Policy we, us or our means SIMPLYESTATE PTY LTD trading as simplyEstate (ABN 30 630 070 923).

1) Personal information

The types of personal information we may collect about you or are provided to us by you about yourself or a third party including (without limitations) a deceased person you are acting in an official capacity for, family members, authorised contacts, personal representatives, joint insurance policy holders and beneficiaries include:

(a)  full legal name;

(b)  contact details, including email address, mailing address, street address, telephone number and/or mobile phone number;

(c)  age and/or date of birth;

(d)  credit or debit card details;

(e)  images;

(f)   relationship association;

(g)  marital status;

(h)  date of death;

(i)  last will & testament;

(j)  death certificate;

(k)  grant of probate or letters of administration;

(l)  family tree

(m)  family situation including what family members were left behind including (without limitation) spouse or de facto partners, former spouse(s) and de facto partners, children, parents, siblings, aunts, uncles, nieces, nephews and grandchildren;

(n)  estate details including (without limitation) asset and/or liability details and values;

(o)  identification numbers including (without limitation) bank account, credit card, customer number, membership number, reference ID, bill reference or other ways by which a person can be identified;

(p)  demographic information, such as postcode;

(q)  preferences and/or opinions;

(r)   information provided to us through customer surveys;

(s)  details of products and services we have provided to you and/or that you have enquired about, and our response to you;

(t)  your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;

(u)  information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;

(v)  additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and

(w)  any other personal information requested by us and/or provided by you or a third party.

We may collect these types of personal information directly from you or from third parties.

 

2) Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

(a)  to enable you to access and use our Site, associated applications and associated social media platforms;

(b)  to provide you, your personal representatives or authorised contacts with our services in accordance with our Terms & Conditions (available on our Site);

(c)  to contact and communicate with you, your personal representatives or authorised contacts;

(d)  for internal record keeping and administrative purposes;

(e)  to disclose information including personal information as indicated by you at the time of submission to third parties on your behalf where requested by you;

(f)  for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;

(g)  for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;

(h)  to comply with our legal obligations and resolve any disputes that we may have; and

(i)  to consider your employment application.

 

3) Disclosure of personal information to third parties

We may disclose personal information to:

(a)  third party service providers for the purpose of enabling them to provide their services, including (without limitation) professional advisors, legal professionals, accountants, taxation specialists, financial advisors, funeral directors, insurance brokers, real estate agents, settlement agents or conveyancers, cleaners, property and asset valuers, removalists, debt collectors, insurance providers, payment systems operators, data storage, application, web-hosting and server providers;

(b)  your nominated authorised contacts after your death to administer your estate;

(c)  government departments, companies and organisations that you have specifically authorised us to forward the relevant information provided by you;

(d)  our employees, contractors and/or related entities;

(e)  our existing or potential agents or business partners;

(f)  anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;

(g)  credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;

(h)  courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;

(i)  third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you; and

(j)  third parties to collect and process data, including (without limitation) web analytics, customer relationship management, communication and email services, form and database providers or other relevant businesses. This may include parties that store data outside of Australia.

By providing us with personal information, you consent to the disclosure of personal information to third parties who reside outside Australia and acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws. Where we disclose personal information to third parties, we will request that the third party handle personal information provided by you in accordance with this Privacy Policy.

 

4) How we treat personal information that is also sensitive information

Sensitive information is a subset of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your health, racial or ethnic origin, political opinions, membership of a political association, professional or trade association, religious beliefs or affiliations, philosophical beliefs, sexual orientation or practices, criminal record and biometric information.

 

5) Your rights and controlling personal information provided by you

(a) Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing personal information collected and/or provided by you in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site and/or services offered on or through it.

(b) Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

(c) Restrict: You may choose to restrict the collection or use of personal information provided by you.  If you have previously agreed to us using personal information provided by you for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

(d) Access: You may request details of the personal information that we hold about you.  An administrative fee may be payable for the provision of such information.  In certain circumstances, as set out in the PRIVACY ACT 1988 (Cth), we may refuse to provide you with personal information that we hold about you.

(e) Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

(f) Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.

(g) Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

 

6) Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

 

7) Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, including (without limitation) Google, Bing, Yahoo and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

 

8) Links to other websites

Our Site contains links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

 

9) Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy.

 

For any questions or notices, please contact:
SIMPLYESTATE PTY LTD (ABN 30 630 070 923)
Email: [email protected]
Last updated: 5 June 2019