CLICKAWILL TERMS OF SERVICE
Last updated on 17 Aug 2023
Your agreement is with Murray Will Limited (Company Registration No.3127464), a company registered in Hong Kong. “We” or “ClickaWill” should be construed accordingly.
- Our services
- Nature of our services
ClickaWill is a cloud-based software service for individuals to generate Wills. Our Services are product based. ClickaWill is not a law firm. We are not engaged in a legal practice and we do not perform the services of a law firm or a solicitor, nor can we represent you or act on your behalf in any contentious or non-contentious matters. You must bear in mind that our Services are not intended to be a substitute for legal, accounting, business, tax, or other professional advice or services.
ClickaWill is an online Wills service provider. We are not a law firm and we do not give legal advice.
- Our Site and App
We strive to keep the information provided in our Site accurate and up to date. However, because laws and regulations and their interpretation are constantly changing, we cannot guarantee that all information in our Site and our App is entirely current or complete. The information and tools we provide is for general use only and does not in any way constitute a definitive or complete statement of law. You must bear in mind that the information we provide does not constitute legal advice. If you have questions about your legal rights or obligations or legal requirements that apply to you in certain specific circumstances, you must consult a lawyer.
- Our documents
While we strive to give you as many practical options as possible when creating documents, we cannot cover all possible situations and therefore we cannot guarantee that the documents created through the App will fit all circumstances. We cannot guarantee that the documents generated by the App, with the input you have given or with any offline changes you have made after generating the document in the App, will be legally sound or free from liabilities. Such opinion or clearance would be legal advice which we are not capable of giving. You must also bear in mind that terms of a Will can be subject to interpretation which may differ from case to case based on factual circumstances. If you are in doubt as to the validity or effect of your Will, you must consult a lawyer.
- Our support
We communicate with you via live chat, email, phone call, or other means to give you technical and service support. You must bear in mind that we are a technology company and no part of our communication with you is legal advice. In particular, we do not:
- review your answers to the questions in the App for legal sufficiency;
- draw legal conclusions;
- give legal opinion or clearance;
- provide recommendations about your legal rights, remedies, defences, or strategies;
- advise on how the law applies to the facts of a particular situation;
- act as your legal counsel or represent you in negotiations or disputes; or
- ensure your compliance with any laws or regulations.
- Access to legal advice
ClickaWill is a platform for generating Wills for individuals.
We may make referral to lawyers for you upon your request. In such cases, it is up to you whether or not to engage the lawyer and, if you do, the solicitor-client relationship is purely between that lawyer and you, and you will settle the lawyer’s fees directly without going through us. We are not part of your solicitor-client relationship and we do not share any fee or receive any incentive or commission for making such referrals.
ClickaWill integrates with third-party software to provide a full suite of functionalities to our users. While we take into account industry standards, security level, and functionalities in choosing our integration partners, we are not responsible for any issues or loss arising from the use of any third-party software. Your access and use of the third-party software is governed by the terms of service or user agreements of that software.
- Changes to our service
We may at any time suspend or discontinue any feature, plan or any part of our Services, including the support for certain devices or platforms. Our Services may also be affected by acts of nature or force majeure events.
- Beta services
We may release products and features that we are still testing and evaluating (“Beta Services”). These Beta Services are marked “beta”, “preview”, “early access”, or “trial” (or with any words or phrases with similar meanings) and please keep in mind that these Beta Services may not be as reliable as our other Services.
- Accessing our services
We make every effort to ensure that our Services are always available, but our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We do not guarantee that our Services will be free from bugs or viruses. You are responsible for configuring your information technology, computer programmes, and platform in order to access our Site and our App. You should use your own virus protection software.
- Your account
In registering for an account at ClickaWill, you must provide truthful and accurate information about yourself. You must safeguard your password to the Services and keep your account information current. You are advised to use a strong password, i.e. a password that uses a combination of upper and lower case letters, numbers, and symbols. Do not share your account credentials or give others access to your account. If and when we detect that a login has been used by multiple users, we will treat this as a serious breach of security and we may suspend or terminate your account. We also have the right to disable any password, whether chosen by you or allocated by us, at any time if we believe you are in breach of these Terms.
- Your licence to use our Services
So long as you comply with these Terms, we give you a worldwide, limited, non-exclusive, royalty-free, non-assignable, non-transferable, and revocable licence to use our applications solely to access the Services.
- Fair usage limit
We reserve the right to suspend or terminate your account if (i) we believe that you are not using our App in a way that is consistent with your own use or (ii) we suspect that you are in any way connected with a competitor or a potential competitor of ClickaWill, wherever based, and regardless of whether or not ClickaWill operates in that jurisdiction.
- Our rights
All intellectual property rights subsisting in the Services belong to us or have been lawfully licensed to us for use in connection with the Services. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit, or distribute any content or component of our Site in any way, or create any derivative works with respect to any such content or component.
- Your content
- Copyright policy
ClickaWill respects intellectual property rights of others and ask that you do too. In the event of suspected copyright infringement, please contact us using the form on https://clickawill.com/about-us/. We will respond to notices of alleged copyright infringement that comply with applicable legal requirements and properly provided to us.
We value and welcome feedback on our Services and any suggestions on how we can improve. You agree that we are free to use, disclose, adopt, and/or modify any feedback and information (including any ideas, concepts, proposals, suggestions or comments) provided by you to us in connection with the Services and/or your use of the Services (“Feedback”) without any payment to you. You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption, and/or modification of any of your Feedback.
- Limitation on liabilities
To the fullest extent permitted by law, ClickaWill and its holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners, and licensors (collectively, “ClickaWill Entities”) expressly limit their liabilities in connection with or arising out of the provision of the Services as follows. Some jurisdictions may not allow the disclaimers in this clause; if that’s the case they will not apply to you.
- No assurance
We strive to provide the best services, but there are certain things that we cannot guarantee. The Services (including all content and documents provided in or generated by our App) are provided on an “as is” and “as available” basis. No assurance, representation, or warranty of any kind is made, whether express or implied, about the Services (including any Beta Services). In particular, ClickaWill Entities expressly disclaim any warranties of merchantability or fitness for a particular purpose and non-infringement of our Services (including any Beta Services). While we make every effort to ensure the quality of our Services, the ClickaWill Entities make no representation or warranty that:
- the information or content provided as part of our Services will be entirely correct and up to date;
- the documents generated as part of our Services will be accurate, adequate, reliable, free from defect or error or omissions, suitable for a particular purpose, or legally sound;
- our Services are free from bugs or viruses;
- your correspondence with us will be free from interception, corruption, error, delay, or loss;
- access to our Services will always be available or uninterrupted;
- our Services will meet your requirements or sufficiently address your needs in any specific circumstances;
- use of our Services will achieve any particular result; or
- the results that arise from the use of our Services will meet your expectations.
You must exercise and rely solely on your own skill and judgement in your use of the Services, including your interpretation or use of the information or content available as part of the Services.
- Limitation of liabilities
We do not exclude or limit our liability to you where it would be illegal to do so – this includes any liability of any ClickaWill Entity for fraud or making fraudulent misrepresentation in providing the Services. In countries where the following types of exclusions are not allowed, we will be responsible to you only for the losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of contract with you. This clause does not affect any consumer rights that cannot be waived or limited by way of contract or agreement. In countries where exclusions or limitations of liabilities are allowed, no ClickaWill Entity would be liable for:
- any indirect, special, incidental, punitive, exemplary, or consequential losses or damages; or
- any loss of profit, business, or data
arising out of the use of, or the inability to use, our Services. These exclusions or limitations apply regardless of whether or not any ClickaWill Entity has been advised or notified of such losses or damages.
If you use the Services for any purpose other than your own commercial use (including for re-sale, which is not permitted under the Acceptable Use Policy), none of the ClickaWill Entities will be liable to you for any loss of profit or business, business interruption, or loss of business opportunity.
ClickaWill Entities are not responsible for the conduct of any user of the Services, whether online or offline.
Other than the types of liabilities we cannot limit by law, the liabilities of the ClickaWill Entities to you are limited to the amount you have paid to ClickaWill (if any) for the Services under the current term of your service plan.
- Your representation and warranty
You agree to indemnify and hold us harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these Terms, (ii) your use of our Services and/or (iii) any misrepresentation made by you. You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Services or these Terms.
- Change of these terms
We may revise these Terms from time to time in order to reflect the latest improvements or enhancements made to our Services or latest changes in applicable laws or regulations. If we make any material changes to these Terms, we will notify you by in-app notification or by email to the email address registered with us. If you do not agree to any revised Terms, you should cancel your subscription. By continuing to use our Services after the changes come into effect, you agree to be bound by the revised Terms.
- These Terms will continue to apply until terminated by you or us as follows. You may stop using our Services at any time. If you choose to deactivate your account, it will be achieved but can be reactivated at any time.
- We reserve the right to suspend or terminate your access to the Services if:
- you are in serious or repeated breach of these Terms (including failure to make proper payment to us);
- you are using the Services in a manner that would cause a real risk of harm or loss to us, other users, or the public;
- we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations, or legal processes; or
- our provision of the Services to you is no longer possible.
We will notify you by the email address associated with your account or at the next time you attempt to access your account unless we are prohibited from notifying you by law. Upon termination of your access, these Terms will also terminate except for clauses 12 to 20.
We will report any breach of these Terms or the Acceptable Use Policy to law enforcement authorities where we think fit, and we will co-operate with such authorities by disclosing your identity and providing any information about you within our systems to them.
- Waiver and severability
Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted, reflecting our intent as closely as possible.
- Assignment of rights\
You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights to any of our holding company, affiliates, or subsidiaries, or to any successor in interest of any business associated with the Services.
- Dispute resolution
We wish to address your concerns without going through a formal legal process. Before filing a claim against ClickaWill, you agree to try to resolve the dispute informally by contacting us using the form on https://clickawill.com/about-us/. We will respond to you by email as soon as practicable; however a lack of response shall not be deemed to constitute any acquiescence or waiver. We will try our best to resolve the dispute informally within thirty (30) days. If the dispute is not resolved within such a period, you or ClickaWill may bring a formal proceeding. ClickaWill and you agree that all disputes, controversies, and claims arising out of or in relation to the Services, these Terms and our Payment Terms (including the existence, validity, interpretation, performance, breach, or termination thereof) shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the UNCITRAL Arbitration Rules in force when the notice of arbitration is submitted, as modified by the HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules. The law of arbitration shall be Hong Kong law and the place of arbitration shall be Hong Kong. The number of arbitrators shall be one, except where the amount in dispute exceeds USD 50,000, in which case the number of arbitrators shall be three. The arbitration proceedings shall be conducted in English.For the avoidance of doubt, any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
Notwithstanding the foregoing, you or ClickaWill may bring an individual action in a small claims court. You agree that, by entering into these Terms, you and ClickaWill are each waiving the right to bring an action in a court of law (save the small claims court) or to participate in a class action.
If we make any future change to this dispute resolution clause, that change will not apply to any dispute of which notice of arbitration has been filed on or before the effective date of the change.
- Governing law
- These Terms and our Payment Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
If you have any question about the Services or these Terms, please contact us using the form on https://clickawill.com/about-us/.
Acceptable Use Policy
- As part of the Terms of Service, you agree not to misuse our services (“Services”) or help anyone else to do so. For example, you agree not to do any of the following in connection with our Services:
- use our Services for unlawful or unauthorised purposes;
- use our Services for entities other than the business entity in whose name the account is registered;
- re-sell any documents you have gained access to;
- re-sell or attempt to benefit in a commercial fashion from any content available as part of the Services;
- generate or download documents on a systematic basis that is commercially prejudicial to ClickaWill;
- sell the Services unless specifically authorised to do so;
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Services or shared areas of the Services that you haven’t been invited to;
- interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Services, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Services;
- access, search, or create accounts for the Services by any means (automated or otherwise) other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk) or attempt to do so;
- send unsolicited communications, promotions or advertisements, or spam;
- forge any TCP/IP packet header or any part of the header information in any email;
- send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
- conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
- abuse referrals or promotions;
- post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
- violate the letter or spirit of our Terms of Service;
- violate applicable laws or regulations in any way; or
- violate the privacy or infringe the rights of others.
You acknowledge that the above is not an exhaustive list.