Terms of Use

These terms and conditions (Terms) of use apply to your use of the MyHeartwill website, our services and the operation of MyHeartwill accounts. You acknowledge and agree that in entering or using the MyHeartwill website you have familiarised yourself with and agree to be bound by these terms.  If you have any questions about these Terms, the MyHeartwill website or the services, please contact us here at info@myheartwill.com.

We may change these Terms from time to time at any time by posting the amended terms. You acknowledge and agree that all changes will become effective from the date that they are posted and you shall be deemed to have accepted them as from the time and date that they are posted.

In these terms, we refer to:
•    you as "you"; or "your" and means any person who has access to or use of the MyHeartwill website including the creator of a Heartwill, a Guardian or person with access to a Heartwill, as the case may be;
•    MyHeartwill Limited as "MyHeartwill"; "us"; "we"; or "our";
•    MyHeartwill.com as our "website".

Your use of the MyHeartwill website is also subject to the Privacy policy outlined above.

Intellectual property rights

We own, control or have the right to use and provide the website, all content on or from the website such as data, text, images, articles, photographs, illustrations, audio and video clips but NOT including information and material you have uploaded or submitted as part of your Heartwill.

You may electronically reproduce and store the content of the website solely for your own personal use. You may not display or distribute the content of any part of the website or its content in public, including any reproduction in any form on the Internet, without our express permission.

Any infringement of our intellectual property rights will be fully enforced at law.

Security / Confidentiality

When transmitting and dealing with your personal information over the Internet, you acknowledge that the Internet is not a secure environment.  Although we have physical, electronic and managerial processes in place to protect your Heartwill and the information we collect via our website or email, we cannot guarantee that your personal information and Heartwill will be secure, confidential and free from unauthorised access or security breaches.  Accordingly, you acknowledge and agree that we are not liable for any unauthorised access damage or loss that may occur or for correcting or restoring a Heartwill damaged by reason of the unauthorised access.

Correct and Current Information

You are responsible for ensuring the information you provide us is correct, complete and current.  We are not responsible for any loss or claim arising from your failure to ensure such information is correct, complete and current.

Your legally binding Will

Your Heartwill is not a substitute for a legally drawn and binding Will prepared in relation to the administration of your estate following your death.  If you wish to give bequests or gifts on your death, this can only be achieved under a legally prepared and completed Will.  You acknowledge that you must seek independent legal advice if you wish to achieve this.

Guardians

The Guardian is the person nominated by the creator of a Heartwill as the person responsible for administering your Heartwill as you have instructed.  We recommend you choose carefully who you wish to appoint as a Guardian.  People who wish to view a person’s Heartwill can contact the Guardian, who will have the discretion to then grant that person access to the creator’s Heartwill.   The Guardian can unlock the content of a Heartwill and manage access to the Heartwill, but not change the content of a Heartwill.  The Guardian may add material to a Heartwill by way of a postscript if the creator of a Heartwill dies or loses capacity.

You may remove or change your Guardian at any time.  If you do so, that previous Guardian’s access will be deactivated and they will no longer be able to administer your Heartwill.

Duration of Heartwill

Your Heartwill will be active for a period of 10 years from the later of the date of completion of sign-up or payment of the sign-up fee, unless terminated or suspended earlier in accordance with this Agreement. Your Heartwill can be activated by a further period upon payment of a fee determined by us from time to time.  We anticipate that renewal fees will be similar to the original registration fee of US $199, with an inflation allowance.

Storage

You acknowledge that there is a storage limit for your Heartwill. This storage limit includes raw material and any conversion of raw material either undertaken by MyHeartwill or you. If you wish to increase your Heartwill's storage limit, and if we are able to provide more storage and desire to do so, we will provide you with additional storage at a price to be determined by us from time to time.  If you do require over and above the current 2GB storage limit, please contact the Helpdesk.

Creator’s Death

While your account is active and you have nominated a Guardian, we will provide a function on the website for the Guardian to advise us that they have taken responsibility for administering your Heartwill as a result of your death or incapacity.

Once the Guardian activates this function, we will send an email to you requesting that you contact us if you do not wish the Guardian to take responsibility for administering your Heartwill yet. 

If you do not respond within a specified time, the Guardian will become solely responsible for administration of the your Heartwill.  We will advise you by email once this occurs.  If you wish to reassume responsibility for your Heartwill, please contact us.

Our responsibilities

Website
We will provide access to the website and use reasonable endeavours to ensure that the website operates reliably and consistently, but we do not guarantee that the website will operate uninterrupted without any faults.

We are not responsible for any losses suffered by you as a result of: any interruption of the website however caused; suspension or termination of your access to the website or cancellation of your account; system outages or malfunctions; or your use of the website.

Your responsibilities

MyHeartwill Accounts
Access to your MyHeartwill account is by your designated username and password. You may change your password at any time.  If you forget your password, we will send you an email containing instructions on how to reset your password.

You are responsible for ensuring that no unauthorised access is obtained through your account. You will be exclusively liable for all activities conducted through your account whether or not authorised by you until such time as we are notified of the unauthorised use.

If we have reason to believe that there is likely to be a breach of security, misuse of the website or any unlawful activity, we may suspend and/or terminate your account without notice.

You may create multiple Heartwills, but can only have one Heartwill account.  If you use the website in more than one capacity (i.e you are any combination of a creator, Guardian or a user who has been given access to a Heartwill), you may use the same email address for all your activities on the website.

You are responsible for:
•    the quality of your Heartwill design;
•    uploading the correct file type so it can be read by our systems;
•    paying all MyHeartwill fees due

You shall not:
•    submit or enter material into your Heartwill that may be objectionable in any way, as determined by MyHeartwill;
•    upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programmes that may damage the operation of another’s computer or property of another. 
•    fail to make payments due to MyHeartwill.

General Responsibilities

You are responsible for:
•    ensuring that all information you provide to us is correct and complete;
•    ensuring that no material defamatory of any person is entered on a Heartwill;
•    ensuring that your use of the website and the services is lawful and does not interfere with the use of the services by any other person;
•    complying with these terms, and any of our policies relating to your use of the website;
•    complying with all other lawful requirements relevant to your use of the website;
•    keeping us informed of any changes to your contact details.

You shall not:
•    without our written authorisation provide the use of your MyHeartwill account to any third parties save to the extent necessary to give effect to these terms;
•    copy, modify, distribute, demonstrate to a third party, decompile, reverse engineer or otherwise deal with any part of the website or its content in any way which would be detrimental to our rights or the rights of any person;
•    use the website for any or on behalf of any other person, including any related or associated company.

Your Warranties to Us

You represent and warrant to us in relation to all material submitted to the website, that the material does not contain or infringe the intellectual property rights (copyright, trademark, brand etc) of any third parties and that you have the right to use the material.  You warrant that prior to downloading or uploading any material, you have obtained the consent of the copyright holder if required.

Indemnity
You agree to keep us indemnified against all claims, actions, losses and expenses of any nature which we may suffer or incur or for which we may become liable in respect of or arising out of these terms or your use of the website or our services including without limitation any third-party claim for intellectual property infringement in relation to your access to or use of the MyHeartwill website or any tortious liability.

Payment & invoicing

Payment by Credit Card
Where you pay us via credit card for anything whatsoever or where we facilitate your payment to a seller via a payment provider, you agree to indemnify us against any default by your credit card company to make payment to us in full.

Goods and Services Tax (GST)
All fees quoted on our website are inclusive of any consumer tax such as GST and VAT (if any) payable in the place of supply.

Computer Errors
In the event that computer error results in a material misstatement of the fees we may, prior to your receipt of fees or at any time thereafter, require that you pay us the difference between the amount actually paid by you and the correct amount payable.

Suspension or termination of access to website

You acknowledge that we may terminate, suspend or restrict your access to the website at any time if you breach any of these terms and conditions.

Exclusion & limitation of liability

We will not be liable to you under the law of tort (including negligence), contract or otherwise for any direct, indirect or consequential loss or damage, arising out of or in connection with the performance or non-performance of any of our obligations under these terms or otherwise out of your use of the website or our services.

Complaints

If you have a complaint relating to the website you should contact us here: info@myheartwill.com
We aim to provide a written response to all complaints within 10 business days.

General terms

Entire Agreement
These terms (including any terms or policies explicitly incorporated by reference) amounts to the whole of the arrangement between you and us relating to your use of the website or our services. These terms replace any prior related agreements and understandings between you and us.

No Waiver
No delay, neglect or forbearance in taking enforcement action in relation to any provision of these terms by any party will be a waiver, or in any way prejudice any right, of that party.

Severability
If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of these terms will remain in full force and have full effect.

Subcontracting
We may subcontract to any third party all or part of our obligations under these terms.

Jurisdiction
Please be aware that when you use this website, you are responsible for complying with the laws in the place where you access the website.

Notices
We will send relevant invoices and notices, if and as required under these terms to the email address nominated by you. It is your responsibility to ensure that you keep us informed of any changes to your contact details. You will be deemed to have received a notice sent by email at the time that we send it.