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• Terms & Conditions
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Terms & Conditions
1. The Vow Legal Will® Trade Mark is exclusively licensed to Orange Cloud Pty Ltd A.C.N.159 457 655 (“the Company”). The Company is the owner of the website www.wills.astills.com.au (“the Website”).
2. The website and the materials herein are provided "as is". The Company makes no representations or warranties, either express or implied, of any kind with respect to the Website, its operation, contents, information or materials. The Company expressly disclaims all warranties, express or implied, of any kind with respect to the Website or its use, including but not limited to merchantability and fitness for a particular purpose.
3. You agree that the Company, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Website. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
4. The Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that the Company is not responsible for the operation of or content located on or through any such site.
5. These terms and conditions may vary from time to time, and it is our right to vary them by publishing them on this website. You agree that by doing this we have provided you with sufficient notice of the variation. It is your responsibility to review these terms regularly, and lack of knowledge of these terms and conditions shall not constitute a lack of agreement to them on your part.
6. Information provided within the information sections on the Website, including dispatch information, about us and privacy policy also form part of these terms and conditions.


We are not Lawyers
7. The proforma documents published on the Website have been prepared by lawyers. The Company is not a law firm and it does not give legal advice.
8. The Will document provided on the Website is a template. You insert your data fields and our software places that data into the Will template. A Will is a legal document and the online template may not be suitable for all. You should seek legal advice if any of the below circumstances relate to you, we recommend you consult a solicitor:
• You have an interest in a business;

• You have complex financial arrangements or substantial assets;

• You are contemplating marriage, separation or divorce;

• You would like to exclude a child or other relative from receiving an inheritance under your Will;

• You own international real estate (outside of Australia);

• You are a bankrupt or at risk of being a bankrupt;

• You have complex tax arrangements, including fixed and/or discretionary trusts;

• You own shares in a company;

• You are a beneficiary of a trust.

• You are a beneficiary of someone’s deceased Estate and you are yet to receive your final distribution;

• You are unsure and you think you require advice.


We are not Accountants
9. You acknowledge that the Company is not an accountancy firm nor does it give accountancy advice.
10. It is recommended that you seek the advice of a qualified accountant if:-
• You have an interest in a business;

• You have complex financial arrangements or substantial assets;

• You are contemplating marriage, separation or divorce;

• You would like to exclude a child or other relative from receiving an inheritance under your Will;

• You own international real estate (outside of Australia);

• You are a bankrupt or at risk of being a bankrupt;

• You have complex tax arrangements, including fixed and/or discretionary trusts;

• You own shares in a company;

• You are a beneficiary of a trust.

• You are a beneficiary of someone’s deceased estate and you are yet to receive your final distribution;

• You are unsure and you think you require advice.
11. Taxation laws are constantly changing as are the taxation implications of Capital Gains Tax, Income Tax and Death Duties that may apply to your Estate and/or your bequests under your Will.
12. Additionally all debts of the Estate (including any outstanding shareholder loans) must be satisfied before any distributions can be made. This could naturally affect your intentions as to who might ultimately benefit from your Estate.
13. The Company does not undertake any responsibility in relation to the incidence of taxation on part or all of your estate, either to you, your estate, or any person who is might be interested in your estate, including any beneficiary.
14. Before signing your Will you should seek expert accountancy advice on all taxation and other implications.


Payments
15. All prices are quoted in Australian Dollars and include GST (Goods and Services Tax) where applicable. All prices and product information is subject to change without notice.
16. There are inherent risks in transmitting information across the Internet and therefore any information you do so transmit is at your risk. The Company is not liable for your transmission of information across the Internet or the use of your information by third parties that link their websites to ours. This disclaimer extends to such activities whether caused by the negligence of the Company, its employees, agents, contractors or otherwise.
17. Payment must be received in full including any delivery fees, before products will be supplied.


Indemnity
18. You agree to defend, indemnify and hold the Company, its employees, servants and agents harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to legal fees) arising from your violation of this agreement or any third-party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive any termination of this agreement.


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• Returns
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Returns
All goods sold in Australia come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
There are nine consumer guarantees that apply to goods you purchase:
• Acceptable quality;

• Fit for a particular purpose

• Match description;

• Match the sample or demonstration model;

• Express warranties will be honoured;

• Spare parts and repair facilities will be available for a reasonable time after purchase;

• Title to the goods;

• Undisturbed possession of the goods;

• No undisclosed securities on the goods.
Consumer guarantees cannot be excluded. There may be circumstances where you are not entitled to a remedy. For further information about the Australian Consumer Law and consumer guarantees, visit www.consumerlaw.gov.au.
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• Privacy Policy
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Privacy Policy
This Privacy Policy applies to all personal information collected by Orange Cloud Pty Ltd A.C.N. 159 457 655 via the website located at www.wills.astills.com.au .
How to contact us about privacy
Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions. You can contact us on:
The Privacy Officer
Orange Cloud Pty Ltd
5/5 Lawson St Southport QLD 4215
PO Box 1229, Southport BC, Qld, 4215
07 5561 1514

Collection and Purpose
We may collect personal information from you in the course of your website if you input any personal information into the website. In addition, we also collect cookies from your computer, which enables us to tell when you use the website and also to help customise your website experience.
The purpose for which we collect personal information is to provide you with the best service experience possible on the website. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the website.
Disclosure
We customarily disclose personal information only to our service providers who assist us in operating the website. We will only disclose personal information to an unrelated third party with your consent.
Access and correction
National Privacy Principle 6 of the Australian Privacy Act 1998 (Cth) allows you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out above.
Security
We have processes in place to ensure the security of your personal information, including encryption of all data when it is transferred to our service providers and limitations on access to personal information within our organisation.
Transfer out of Australia
The website is not hosted in Australia. For that reason, we transfer all data on the website (including all personal information) to our hosting service provider in the United States of America. You hereby consent to this transfer.
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• © 2014 Orange Cloud Pty Ltd