Agreement between user and Wills Smith Pte Ltd
These Terms and Conditions (the “Agreement” or “Terms and Conditions”) will be applicable and govern any agreement between you and Wills Smith Pte Ltd (hereinafter referred to as “Wills Smith Pte Ltd” or “WillsSmith.com”) under which WillsSmith.com will provide you the Will-making Product and any other services as may be offered at WillsSmith.com from time to time (collectively the “the Service”). WillsSmith.com is made up of various web pages operated by Wills Smith Pte Ltd. The Service is offered to you with the condition that you accept the terms & conditions herein provided and the notices in this document.
If you have not reached 21 years of age or if you DO NOT accept these terms and conditions, or the notices upon which the Service is provided by WillsSmith.com, please do not proceed further and use WillsSmith.com.
Once you have commenced using WillsSmith.com, you will be taken to have agreed and have accepted all the terms & conditions, and the notices in this document. This will include your acceptance of our Disclaimer of Liabilities.
“Using” WillsSmith.com, means taking actions like browsing our web pages, clicking on links, uploading information and data, creating an account with WillsSmith.com, creating documents and creating your Will.
WillsSmith.com offers information about the making of wills in Singapore and under the common law in general and but no legal advice is provided nor shall you treat them as legal advice. Wills Smith Pte Ltd is not a law firm. Neither the employees of Wills Smith Pte Ltd nor the associates, sub-contractor or any other related service provider referred to on our website, in relation to the Will Making product are representing you or acting as your lawyer or providing any legal advice in making your will. Your Use of WillsSmith.com does not create an lawyer-client relationship between you and Wills Smith Pte Ltd or any of the employees or associates, sub-contractor or any other related service provider you may encounter through our website. In using the Will Making product, you hereby undertake that you are representing yourself and making your will on your own.
WillsSmith.com should not be used as a substitute for the advice of a qualified lawyer. Inadvertently, if any type of relationship is formed between you and a Wills Smith Pte Ltd employee or an associate or sub-contractor or any other related service provider or even a lawyer participating in the Will Making product, that relationship excludes WillsSmith.com as a party.
The information provided by Wills Smith Pte Ltd on our web pages and site is NOT legal advice nor should you rely on the information as legal advice. Wills Smith Pte Ltd cannot and does not warrant that all the information on WillsSmith.com is correct or up-to-date. No general information or the Will making product on WillsSmith.com can fit or be taken to address all of your circumstances. If you have questions about your circumstances after browsing or using the Service and you need legal advice on the making of your Will, you should not hesitate to consult your own lawyer.
Wills Smith Pte Ltd is not responsible to you or your next-of-kin or any of your beneficiaries for any loss, injury, claim, liability, or damage related to your use either of WillsSmith.com or of any site linked to WillsSmith.com. We wish to highlight some likely causes: (1) incidents caused by the corruption of the documents or texts creating your will on our Will Making Product and (2) incidents caused by corruption, errors or omissions in the content of our site or any other linked sites. In short, your Use of WillsSmith.com is at your own risk.
The following is a particularly important paragraph. Please read it with care.
Wills Smith Pte Ltd provides a web portal platform for self-help in the making of your will. We do recommend that you consult a lawyer to assist you with your specific legal situation. No legal representation relationship exists in any way between a WillsSmith.com user and Wills Smith Pte Ltd. (The term “Wills Smith Pte Ltd” and “WillsSmith.com” includes Wills Smith Pte Ltd’s parent company, subsidiaries, and affiliates.)
Fees and Renewals
From time to time, we may offer varying and changing subscription and membership terms to users. The fees or any terms and conditions of use may also vary from time to time. Membership and subscription fees are non-refundable. Once you have signed up for the Service or any portion of it is made available for any fee, you are liable and agree to pay such fees.
You also agree to provide Wills Smith Pte Ltd information regarding your credit card or other form of payment. You shall update your account information promptly whenever there is any amendment, either in your billing address or your credit card expiration date.
At all times, you are deemed to have authorized us to collect the applicable membership or subscription fees by accessing and using any valid payment source that you have provided to us.
Free Trials and Refund Policy
From time to time, we may offer free trials of certain Wills Smith Pte Ltd products and services. The terms and conditions herein provided and such other additional terms and conditions that may be imposed, shall also apply to the use of WillsSmith.com during such free trials
No refund of any amount paid shall be granted under circumstances, including any change of mind in using the Service or in particular, your change of mind in completing the drafting of your Will using our Will Making product.
Amendment and Modification of these Terms and Conditions
Wills Smith Pte Ltd reserves the right to amend the terms, conditions, and notices under which WillsSmith.com and the Service is offered. This includes, but is not limited to, the fees for the use of the Service. Wills Smith Pte Ltd has the right to serve you notice or notices of amendments to the Terms and Conditions by posting a message on the website of WillsSmith.com that will appear when you next visit our website or via email, at the sole discretion of WillsSmith.com.
Any amendment or modification to the Terms and Conditions will become effective and applicable to you after fourteen (14) days of the posting of such notice of the amendments to the Terms and Conditions.
Once you are deemed to have received notice of the amendments, you will have a period of fourteen (14) days in which you can object to the amendments, by notifying us of your refusal to be bound by the amended terms and conditions, via email to email@example.com.
Upon WillsSmith.com’s receipt of your aforesaid notice, you will be deemed to have served us with a thirty (30) days notice to terminate your account with us.
If your package with WillsSmith.com includes an annual subscription to amend your Will, you will be subject to the thirty (30) days notice period, during which time the version of the Terms and Conditions you last accepted will still apply to you. During that thirty (30) days notice period, you will continue to have access to Wills Smith Pte Ltd’s website and services, for which you will be continued to be charged the fee for the subscription portion of the fee paid and thereafter the balance of the subscription portion of the fee paid, calculated on a pro-rata basis, will be refunded to you.
You further acknowledge and agree that after the fourteen (14) days period you shall be treated to have accepted the amended or modified Terms and Conditions.
IMPORTANT : Please note that any amendment or modification which is made to the Terms and Conditions to comply with such legislations or laws that are imposed on WillsSmith.com to operate the Service or such other new services that may be launched by Wills Smith Pte Ltd, from time to time, within the boundaries of such laws in Singapore or in any other jurisdiction that may be applicable to Wills Smith Pte Ltd will be effective immediately upon posting on the website of WillsSmith.com and no objection to such amendments or modifications shall be raised by you.
Links to third party sites
The articles on WillsSmith.com, may contain links to other websites, resources and business entities on the Internet, hereafter referred to as “links” or “linked sites.” These links are provided for your convenience and hopefully provide resources which may be interesting or useful to you. However, they are NOT to be construed to be sponsored by Wills Smith Pte Ltd or that we are legally associated with any of the entities associated with the websites, resources and business entities; nor is WillsSmith.com legally authorized to use any trade name, registered trademark, logo, official seal, or copyrighted symbol that may appear in the links.
Wills Smith Pte Ltd is not responsible for the contents, facts or opinions stated or expressed therein. These Terms and Conditions may not cover your interaction with these linked sites. You should review the terms and conditions and privacy policies of these third party sites.
Protecting your privacy and personal data is very important to Wills Smith Pte Ltd.
However, any communications between you and any third party service providers who may provide any other services or related services concerning Wills Smith Pte Ltd’s Will Making product are not confidential: For quality assurance purposes, and in order to deliver the Wills Smith Pte Ltd services, Wills Smith Pte Ltd will have access to the information that you may have provided such third party service providers.
Your personal information is collected by this site when voluntarily submitted by you. We may use the information we collect to provide you with news and other information which you may have requested. Any personal information received from you will be retained by us and will not be sold, transferred or otherwise disclosed to any third party, unless such disclosure is required by law or other court order. In accordance with the Personal Data Protection Act and such other legislation(s), revised or otherwise that are applicable to the protection of personal data, in Singapore, you are entitled to request a copy of the information we hold about you. We may charge a fee for complying with this request. If you become aware that the personal information we hold about you is inaccurate, you may request that we amend it. Any requests should be emailed to firstname.lastname@example.org.
Third party services
Some services may be made available via WillsSmith.com and may be provided or delivered by third parties. By purchasing and/or using any product and/or service originating from the WillsSmith.com domain, you are allowing Wills Smith Pte Ltd to share information with any third party with whom Wills Smith Pte Ltd has a related contractual relationship – any information necessary to facilitate the provision of the third party’s products and/or services to you.
No unlawful or prohibited use
It is part of the conditions of your Use of the WillsSmith.com website, that you undertake and warrant to Wills Smith Pte Ltd that you will not use the website in any of the following ways:
(1) for purposes which are prohibited by these terms, conditions, and notices;
(2) actions which could damage, disable or result in a “denial of service”, overburden, or impair the WillsSmith.com website;
(3) actions that could interfere with the use and enjoyment of the website by anyone; or
(4) for purposes which are illegal and unlawful.
The forms and any other standard documents and templates, articles and all other content found on the WillsSmith.com website (“Wills Smith Pte Ltd content”) are protected by copyright laws and all intellectual property rights laws. You may not resell any of the Wills Smith Pte Ltd content that you have purchased or used from the WillsSmith.com website.
Use of interaction, forum and communication services (“the Facilities”)
WillsSmith.com may provide facilities or platforms for services like bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, or other message facilities to enable you to interact and communicate with other users of WillsSmith.com website and with the public at large. You agree to use these facilities and services to post, send, and receive messages or materials proper to and related to the subject matters promoted on WillsSmith.com website and you further agree that you will not engage in or carry out the following actions :
Defame, stalk, abuse, harass, threaten or otherwise violate the legal rights of other users, including rights to privacy and publicity;
Publish, distribute, post, upload, or disseminate any names, materials, or information that is considered inappropriate, vulgar, defamatory, obscene, indecent, or illegal;
Upload files that contain software or other material that infringes the intellectual property or copyrights of third parties;
Offer to buy or sell or advertise any product or services;
Conduct surveys, contests, pyramid schemes, or chain letters, whether for yourself or any other party;
Interfere, falsify, amend or delete in an uploaded file any notice or attribution. These include the following:
attribution of authorships;
ownership or proprietary representations;
description of any software or any other materials.
Collect or harvest information about other users, without their consent;
Violate or infringe any applicable laws or regulations.
Wills Smith Pte Ltd, reserves the right, in its sole and absolute discretion, to edit, delete or remove any material posted on the Facilities or its websites which violate any of the terms and conditions of use and as a result, may terminate your access to its websites, without notice.
Wills Smith Pte Ltd reserves the right to disclose information to any aggrieved party or government authorities as may be necessary to satisfy any applicable laws.
Wills Smith Pte Ltd does not have the obligation to control the content, messages, or information found on the Facilities nor do we endorse any of the views of the users of the Facilities. Wills Smith Pte Ltd specifically disclaims any liability with regard to your use of the Facilities.
Uploading of Materials Other Than Documents You Create
Wills Smith Pte Ltd does not claim ownership of your Will or any other amended versions of your Will or any other document that you create on WillsSmith.com or upload and store within your account manager (“the Documents”) nor will Wills Smith Pte Ltd edit any of the Documents. You grant permission for Wills Smith Pte Ltd (including its officers, employees, subcontractors or affiliated companies) to use the Documents in connection with providing the Services to you.
If you provide or upload materials other than the Documents, Wills Smith Pte Ltd will be entitled to unrestricted use and dissemination of these other materials for any purpose, commercial or otherwise. Such other materials will include questions, comments, suggestions, ideas, feedback, or information about our services or our websites. You hereby grant Wills Smith Pte Ltd the right to use these other materials, in any form, in connection with the operation, promotion, advertising, and marketing of our services. This right shall include the nonexclusive, worldwide, royalty free, transferable, perpetual, irrevocable license to copy, display, perform, distribute, store, modify, and otherwise use these other materials, on any media that we choose, without compensation or with or without acknowledgment to you as contributor.
You acknowledge and agree that Wills Smith Pte Ltd, while preserving these Documents and the other materials, may also disclose them if required so to do, either by law or in the belief (in good faith) that such disclosure is necessary to comply with or achieve any of the following: (a) to comply with a court order or legal process, applicable laws or government requests and/or (b) to enforce these Terms and Conditions.
You understand that the processing and transmission of our services, including the Documents and the other materials, may involve the following: (a) transmissions over various networks; and (b) amendments to conform and adapt to technical requirements of connecting networks or devices. You agree that Wills Smith Pte Ltd has no responsibility or liability if it deletes, corrupts or fails to store any content uploaded by you, while using our services.
Wills Smith Pte Ltd reserves the right, in its sole discretion, to terminate your access both to the WillsSmith.com website and to its services, at any time without notice. Wills Smith Pte Ltd also reserves the right to modify or discontinue, either temporarily or permanently, any part of its service without notice. You agree that Wills Smith Pte Ltd will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Disclaimer of Liabilities
(Please read this Section carefully)
The information, software, products, and services made available through the WillsSmith.com website may include inaccuracies or typographical errors. Wills Smith Pte Ltd and/or its associated companies may periodically and at any time make improvements or amendments to WillsSmith.com. Information received via WillsSmith.com should not be relied upon for personal or legal decisions. You should consult a lawyer or an appropriate professional for specific advice tailored to your situation.
All the information, software, products, services, and related graphics are provided “as is”, without any warranty or any condition of any kind. Wills Smith Pte Ltd make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products and/or services contained on the WillsSmith.com website for any purpose.
Wills Smith Pte Ltd and its suppliers hereby disclaim all warranties and conditions with regard to these contents, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
IMPORTANT: Wills Smith Pte Ltd and its suppliers shall not be liable for any direct, indirect, incidental, special, or consequential damages. This is applicable whether the damages are based on contract, tort, negligence, strict liability, or otherwise. This disclaimer will apply, without limitation, to the exclusion of damages for any of the following:
(a) the loss of use, data, or profits, in any way connected with the use or performance of WillsSmith.com;
(b) the delay or inability to use WillsSmith.com or related services;
(c) the provision of or failure to provide services;
(d) any information, software, products, services, and related graphics obtained through the use of WillsSmith.com;
(e) direct or indirect corruption or destruction of data as a result of the breakdown or failure of our computer servers or equipment or service providers of broadband or telecommunications services;
(f) any loss or damage arising directly or indirectly as a result of any Acts of God , Fire, Lightning, Explosion ,War, Disorder, Acts of governments, Industrial disputes , Floods or any other extreme weather conditions.
It is specifically stipulated and you agree that any third party who is not a direct contracting party in the provision of our services to you shall not be entitled to make any claim whatsoever against Wills Smith Pte Ltd and further the operations of the Contracts (Rights of Third Parties) Act, Cap 53B of Singapore is specifically excluded.
In any event, all the terms and conditions herein shall apply to your next-of-kin, successors-in-title, the administrators or executors of your estate and to this extent, you and your estate shall indemnify Wills Smith Pte Ltd fully against any claims by your next-of-kin, successors-in-title or any third party, for loss or damage and all legal costs incurred in respect of defending such legal proceedings that may be brought against Wills Smith Pte Ltd arising from your use of the Service.
If you are dissatisfied with any portion of WillsSmith.com, with any products or services provided to you, or with any of these Terms and Conditions, your sole and exclusive remedy is to pursue an award through the dispute resolution procedures explained below. You must also discontinue using WillsSmith.com if you are dissatisfied with our services or if you do not agree or accept the terms and conditions provided and stipulated herein by WillsSmith.com.
IMPORTANT: The maximum liability Wills Smith Pte Ltd may have to you will be the amount of the fees you have paid to Wills Smith Pte Ltd within the relevant statute of limitations.
Below you will find a Dispute Resolution provision, which deals with the availability of damages. If there is any conflict between the above “Disclaimer of Liabilities” section on the one hand and the following “Dispute Resolution” section on the other hand, the “Dispute Resolution” section shall govern.
Indemnity for breach of the terms and conditions of use
You agree to release, indemnify and hold Wills Smith Pte Ltd and its affiliates and their officers, employees, directors, sub-contractors and agent harmless from any and all losses, damages, expenses, including legal fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, any Documents and the other materials, your violation of these Terms and Conditions or your violation of the rights of any third party.
Dispute Resolution By Binding Arbitration and Class Action Waiver
If Wills Smith Pte Ltd has not been able to resolve a dispute it has with you after attempting to do so informally, including through mediation, we each agree to resolve such dispute through binding arbitration instead of courts of general jurisdiction.
Wills Smith Pte Ltd and you agree that any dispute arising out of or in connection with the provision of the Service or the matters arising from the use of WillsSmith.com, including any question regarding the existence of any agreement relating to the use of the Service or the website, the validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated in the Terms and Conditions herein.
The Tribunal to be constituted for the purposes of the arbitration shall consist of one (1) arbitrator.
The applicable law governing the provision of the Service by Wills Smith Pte Ltd and all matters arising from the use of the website of WillsSmith.com shall be the laws of Singapore.
The language of the arbitration shall be English.
Intellectual Property Rights
The Service and all contents of the WillsSmith.com website (“Service Content”) are subject to our copyrights and/or its affiliated companies or partners. You agree not to modify, copy, sell, distribute or create derivative works based on the Service or Service Content, in whole or in part.
In connection with your use of the Service, you will not use any data mining, scraping, robots, or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection with it (the “Software”) is the property of Wills Smith Pte Ltd, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, nor to sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted to others here remain the rights of Wills Smith Pte Ltd.
Copyright and trademark notices
All contents of the WillsSmith.com website are Copyright © 2013 Wills Smith Pte Ltd Incorporated and/or its suppliers, affiliates and partners.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wills Smith Pte Ltd as a result of the Terms and Conditions or use of WillsSmith.com. Wills Smith Pte Ltd’s performance under these Terms and Conditions is subject to existing laws and legal process. Nothing contained in this Agreement diminishes Wills Smith Pte Ltd’s right to comply with governmental, court, and law enforcement requests or requirements relating either to your Use of WillsSmith.com or to information supplied to Wills Smith Pte Ltd. If any part of this Agreement is determined to be invalid or unenforceable as a result of the above warranty disclaimers and liability limitations, – or as a result of any other legal requirements – then the invalid or unenforceable provision will be considered to have been replaced by whatever valid, enforceable provision most closely matches what the original provision was intending to accomplish. The remainder of the Agreement shall continue in effect.
Unless otherwise stated in this document, this Agreement constitutes the entire agreement between the user and Wills Smith Pte Ltd with respect to WillsSmith.com. It supersedes all prior or contemporary communications and proposals between us, whether electronic, oral, or written. You may not pass on to someone else any of your rights or obligations under these Terms and Conditions without Wills Smith Pte Ltd’s written consent. Wills Smith Pte Ltd’s rights under the Terms and Conditions may be transferred by Wills Smith Pte Ltd to someone else. That right is not waived even if Wills Smith Pte Ltd fails to enforce or exercise either any provision of the Terms and Conditions or any related right. Any rights not expressly granted by this document to others remain the rights of Wills Smith Pte Ltd.
Unless otherwise stated, Wills Smith Pte Ltd may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on WillsSmith.com
A printed version either of this Agreement or of any notice sent in electronic form shall be equally as admissible in legal proceedings relating to this Agreement as documents generated and maintained in printed form. All parties approve of this Agreement and all related documents having been written in English.
Please contact us at customerservice@WillsSmith.com.sg to report any violations of these Terms and Conditions or to pose any questions regarding this Terms and Conditions or the Service.
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