Footprint Terms of Service

Hello! And Welcome to Footprint’s ewills service.

You’re reading the terms that set out the scope and use of the ewills service (“Services”) provided by us, Footprint[1]. By using these Services, you are agreeing to our Terms of Service.

Our content

We want to make sure you’re aware that the Services are the exclusive property of Footprint and our licensors. This includes any original content, features and functionality used as part of our Services.

Our Services are protected by copyright, trademark and other laws of both New Zealand and overseas countries. This means our trademarks and copyright material can’t be used in connection with any product or service without a written consent from us.

Creating a Footprint account

At the time you create an account with us, you will need to provide us with accurate, complete, and current information. Your account will automatically be created when you provide your email address and a password on the “Your Details” page.

At any point, if you realise the information you have provided to us is incorrect, please get in touch with us as soon as possible. We recommend you keep your information up-to-date so that it’s always accurate.  

When you provide any information to us, whether in relation to you or a third party, you need to have the appropriate authorisation to disclose that information for the purposes we will use it for. In providing such information, you are agreeing with the Privacy Act 1993 and any duties owed to any third party.

If you choose, or you are provided with, a user identification code, password or any other information as part of our security processes, you need to treat this information as confidential, making sure not to disclose it to any third party.

Your username can’t be:

·         The name of another person or entity that is not lawfully available for use;

·         A name or trademark that is subject to any rights of another person or entity, other than you, without appropriate authorisation; or

·         A name that is otherwise offensive, vulgar or obscene.

We want to make sure your information is always safe. If you become aware of any third party using, or becoming aware of, your confidential information (for example, your user identification code or password), please make sure to get in contact with us straight away. You’ll need to immediately take all necessary steps in changing any/all passwords associated with any account that has been compromised.

Providing us with correct data

Information such as personal data (including family information, assets and your Will instructions) will need to be shared with us. Your data will be used in drafting your Will and delivering our Services. We need to emphasise, it is your sole responsibility to ensure your data is accurate, complete and error free. Footprint isn’t under any obligation to confirm or validate the information that you’ve given us in its provision of the Services.

We will meet our obligations under the Privacy Act 1993, including the collecting, using and storing of your data.

Purchasing the Footprint Services

We may change our fees at any time, but rest assured we will give you advance notice of any changes via a message to the email address linked to your account.

If you make a purchase using the Services, you will be asked to supply certain information relevant to your purchase including (without limitation) your credit card number, the expiration date of your credit card, your billing address, and your email address.

By purchasing from us, you confirm that you have the legal right to use any credit card(s) to purchase Services and that the information you supply to Footprint is true, correct and complete.

By submitting your payment information to us, you will be giving us the right to provide this information to third parties in order to facilitate the completion of purchases.

We do reserve the right to refuse or cancel your order at any time for reasons including, but not limited to, the availability of our Services. Within 14 calendar days of receiving the first draft of your Will, you are entitled to make two alterations to your Will, within reason, without additional charges.

Our refund policy

You are free to stop using our Services at any time. If you’re not completely satisfied with your purchase, you have rights as a consumer under the Consumer Guarantees Act 1993 and other applicable New Zealand laws and regulations. In addition, you may also be eligible to obtain a refund under Footprint’s Refund Policy (described below).

If you have a problem with the Will we provided you, you’ll have up to 14 calendar days from the time you receive your Will to initiate a return. Please visit our online “Contact Us” page to email us for help. One of our team members will get in touch to discuss the problem you’ve encountered.  Our office hours are Monday - Friday 8.30am to 5.00pm on business days.

As Footprint is a service based directly on the information you’ve provided us, we won’t be able to provide a refund for information that was not accurately provided, or if you changed your mind. However, if we find out any errors are genuine and can be fixed immediately we may, at our sole discretion, issue an updated copy of the Will.  This could result in additional charges, which will be discussed with you prior to any changes being made. We can’t exchange the Will for alternative services, or issue a credit note.  We will decide on the appropriate payment method used for any refunds. 

Service "As Is"

Footprint and its associates, suppliers and distributors, to the fullest extent permitted by law, do not make any guarantees or warranties, either expressed or implied, about the Service.  The Service is provided "as is" and isn’t necessarily fit for any particular purpose.

Our Legal Responsibilities

To the fullest extent permitted by law:

·         In no event will Footprint, its affiliates, suppliers or distributors be liable for any indirect, special, incidental, punitive, exemplary or consequential damages or any damage to, or loss of, any original documents or copies of original documents held by Footprint, or any loss of profits or loss of use, or theft, of personal information or business data, regardless of whether or not Footprint has been warned of the possibility of such damages; and

·         The maximum aggregate liability of Footprint, its affiliates, suppliers and distributors for all claims relating to the Service in any 12-month period will be limited to the amounts paid by you for use of the Services during that 12-month period.

Indemnification

It’s important you know, as a condition of your use of our Services, you agree to indemnify, defend, and hold harmless Footprint, its directors, employees, shareholders, agents, lawyers, affiliates, suppliers, successors, and assigns from and against any and all liability, loss, claim, demand, suit, proceeding, damage, cost, and expense, including reasonable lawyer’s fees and costs, as a result of:

·         Any violation of you by these Terms;

·         The content of any information you (or anyone using your account) submit, post, or transmit through the Footprint ewills site;

·         Your (or anyone using your account’s) use of Footprint; or

·         Any negligent acts, errors, or omissions of you, or your agents.

Changes to these Terms

We may make changes to these Terms from time to time. We will always post the most current Terms on our Footprint website.  If any change meaningfully reduces your rights, we will let you know immediately. By continuing to use or access our Service after any changes come into effect, you are agreeing to the revised Terms. 

New Zealand Law

These Terms and the provision of our Service are governed by New Zealand law and you submit to the exclusive jurisdiction of the courts of New Zealand in respect of these Terms and the Service.

Our agreement with you

These Terms establish the entire agreement between you and Footprint, regarding the subject matter of these Terms. They will supersede and replace any other prior or co-existing agreements, or terms and conditions applicable to the subject matter of these Terms. If you otherwise use our online client portal service, you will still be subject to our terms of use in respect of such usage (which are available on the portal).  These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

Our failure to enforce a provision of these terms is not a waiver of our right to do so later.  If a provision is found to be unenforceable, the remaining provisions of the Terms will remain in full effect.  You may not assign any of your rights under these Terms. Footprint may assign its rights to any successor

Cookies

The Footprint website uses cookies. By using the Services and agreeing to these Terms, you agree to Footprint's use of cookies in accordance with the terms of our Privacy Policy.

Third party software

In order to provide the Services or support links to other websites, there might be some necessary computer equipment or certain pieces of software that need to be downloaded or installed. If you can’t access all or part of the Services because we do not automatically include access to any necessary software or equipment, this won’t constitute a breach of our Terms. To the fullest extent permissible by law, we won’t be liable for any loss, damage or expense which may result from an inability to access or use the Services.


[1] Footprint is the trading name of Footprint New Zealand Limited.