Last updated: July 2020
These terms and conditions of service (“Terms”) govern the access or use by you of the Footprint digital will and estate administration services, secure digital storage service ("Vault") and associated apps, websites, content, products and services (the "Services") made available by Footprint New Zealand Limited, a limited liability company established in New Zealand, having its offices at Level 14, 191 Queen Street, Auckland 1010, New Zealand ("Footprint", "we", "us" or "our").
Where we refer to you or your in these Terms, we mean any individual that is using the Services.
Your use of the Services may also be subject to the specific terms applicable to the particular Service you use ("Service Specific Terms"), as well as any additional terms that apply to the Services, such as terms relevant to a particular subscription or policies for a particular event, activity, promotion or referral credit, and such terms will be disclosed to you in connection with the applicable Services ("Special Terms"). The Service Specific Terms and any Special Terms (in each case, where applicable) are, in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services. In the event of a conflict between the Special Terms, Service Specific Terms and paragraphs 1 to 16 below with respect to the applicable Services, the terms shall prevail in the preceding order of priority.
Your use of the Services may also be subject to the terms of your agreement with other third parties (such as your payment method provider (for example your bank) and data service provider or your employer), which will apply in addition to these Terms.
Please read these Terms carefully before accessing or using the Services.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between us and you. If you do not agree to these Terms, you may not access or use the Services.
You may be eligible to sign up to access and use the Services ("Partner Employee") in connection with an agreement ("Footprint Connect Partner Agreement") between us and a third party (such as a service provider or your employer) ("Benefit Provider") in relation to certain Services ("Partner Employee Program"). If you think that you may be eligible for the Partner Employee Program please contact us or your Benefit Provider for more information.
If you already use the Services but become eligible for the Partner Employee Program you will be provided with the choice to opt in to the Partner Employee Program. Opting in means that the provisions stated as being applicable to Partner Employees set out in these Terms will be applicable to you, including that payments for your Services (as described in paragraph 8 below) will become the responsibility of your Benefit Provider once the period for which you have pre-paid Service Fees (as defined below) for the applicable Services comes to an end (for such time as you continue to be a Partner Employee).
In order to access and use the Services, you may be required to provide us with your information, including personal information, such as details relating to your family and assets and your will instructions. We may also ask you to provide proof of identity. If you refuse to provide such information and/or proof of identity we may deny you access to, or use of, the Services.
It is your sole responsibility to ensure that any information you provide us is accurate, complete and error free. We are under no obligation to confirm or validate the information that you provide to us in connection with the Services.
In providing any information to us, whether in relation to you or a third party, you warrant that you have appropriate authorisation to disclose such information for the purposes it will be used for by us.
If you are a Partner Employee, in addition to the above, you consent, during the term of your applicable Footprint Connect Partner Agreement, to:
in each case, solely in connection with the Footprint Connect Partner Agreement and/or these Terms.
You may only use the Services if you:
In accessing and using the Services, you must not:
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable licence to the Services and any content, information and related materials that may be made available through the Services, for the purposes of accessing and receiving the Services in accordance with these Terms.
We, or our licensors (as appropriate), own, and shall retain, all rights in and to the Services and the content, information and related materials made available through the Services. Other than the limited licence granted to you in paragraph 5.1, neither these Terms nor your use of the Services grants to you any rights in, or related to, the same or to use or reference in any manner our company name, logos, product and service names, trademarks or service marks or those of our licensors.
The Services may include functionality which allows you to submit, upload or otherwise make available content to us (which may include feedback related to the Services and other textual, audio, and/or visual content) ("Provided Content"). You must not provide Provided Content that is defamatory, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive (as determined by us in our sole discretion). We may, review, monitor, or remove Provided Content, at any time at our sole discretion, in each case, without providing notice to you.
Any Provided Content remains your property, but you grant us a worldwide, sublicensable, transferable, royalty-free licence to use, copy, modify, create derivative works of, and otherwise exploit in any manner such Provided Content for the purposes of providing the Services to you.
In respect of the Provided Content, you represent and warrant that:
If you would like to use a will as part of any applicable Services, that has not been prepared using the applicable will Services ("BYO Will"), you acknowledge that we are not responsible for that BYO Will. You must ensure that your BYO Will is valid and kept up to date on your Account.
You are responsible for obtaining all devices, data, connections and other requirements necessary to use the Services. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. You are responsible for all costs, problems, conditions, delays, delivery failures and all other loss or damage arising from, or relating to, your devices, network connections or telecommunications links or caused by the internet.
You acknowledge that the Services may be provided by us or by our third party providers. You may also be able to access and use third-party products, services and content as part of the Services. Any such third-party products, services and content are subject to the terms and conditions set by their providers. We do not endorse or assume any responsibility for third-party products, services or content, including your use of the same.
You acknowledge that we are free to, and frequently do, make changes to the Services (at our discretion), including through the release of new updates, modifications and enhancements to our subscription options and websites, and in some cases discontinue features. We are not required to provide you with notice of any such changes.
To use the Services, you must register for, and maintain, an Account. To register for an Account you must:
You are responsible for all activity that occurs under your Account. When you register for an Account, we may provide you with a user identification code, password or other information in relation to your Account. You must treat any information that we provide you in connection with your Account confidential and exercise every possible care to ensure the safety of the passwords and device you use in connection with the Services by taking all reasonable care to prevent loss, theft and unauthorised or fraudulent use.
You must immediately notify us on becoming aware of any unauthorised third party using your Account and shall, upon becoming so aware, change all passwords and other security information associated with your Account.
You must ensure that we have your current email address in relation to your Account. Failure to do so may mean that you do not receive notifications from us in relation to the Services and could result in closure of your Account, your content stored within the Vault being lost or your Services being terminated (each an "Event"). We are in no way liable to you for any losses, liabilities, damages, costs or expenses or other impacts that you suffer as a result of such Events.
Payment for your use of the Services
A fee may apply to your use of certain Services ("Service Fee"). The Service Fee varies depending on the Services that you access and use. You acknowledge and agree that you will be responsible for all Service Fees incurred under your Account.
The following terms apply to your Service Fees, unless you are a Partner Employee in which case paragraph 8.3 applies:
Payment on behalf of Partner Employees
The following terms apply to your Service Fees if you are a Partner Employee:
Service Fees paid by, or on behalf of, you are final and non-refundable, unless otherwise determined by us. In the event of any disputed or unauthorised transactions, please contact us by emailing us at email@example.com.
Subject to paragraph 8.3(e), we may establish, remove and/or revise the Service Fees for any or all Services at any time in our sole discretion and such change will be effective on and from the date upon which your next Service Fee becomes payable for all Services which involve recurring Service Fees. In the event that there will be an increase in the Service Fees for your applicable Services, we will notify you via the email address set up on your Account at least 30 days prior to such change taking effect.
From time to time, we may create referral and/or promotional codes ("Special Codes") that may be redeemed by some or all users of the Services for Account credit, or other features or benefits related to the Services, which may be subject to Special Terms. You agree that such promotional offers and discounts and any associated Special Codes, unless also made available to you, shall have no bearing on your use of the Services or the Service Fees applied to you.
In respect of any Special Codes, you agree that:
You agree to indemnify, and will keep indemnified, us and our officers, directors, employees and agents ("Indemnified Parties") harmless from any and all claims, demands, losses, liabilities, and expenses (including legal costs and expenses) suffered or incurred by the Indemnified Parties, or for any claim brought against the Indemnified Parties, that arises out of or in connection with:
We may amend these Terms from time to time. Amendments will be effective upon posting of such updated Terms on our website.
Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. If you do not accept any changes to these Terms you must stop using the Services.
You are free to stop using the Services at any time.
Should you wish to terminate any Services, you may do so by emailing us at firstname.lastname@example.org and, unless otherwise specified in the Service Specific Terms or Special Terms, such termination will be effective at the end of the period for which you have already paid Service Fees (during which time you will continue to be able to access your Account) or if the Service Fees do not entitle you to access the Services for a specified period of time, 28 days following notice of such termination. Unless paragraph 13 applies, if you wish to terminate any Services part way through the period for which you have paid Service Fee, you will not be entitled to any refunds.
If you choose not to renew any Services at the end of the period for which you have paid Service Fees or you fail to pay any Service Fees due within 28 days of receiving notice of such late payment from us and we terminate your access to the Services, you will have access to the Services for a period of four weeks ("Account Closure Period") and be able to remove all content stored in the Vault or otherwise held in your Account. Following the Account Closure Period you will no longer be able to use or Access the Services (including your Account and anything stored in the Vault). We may be able to access your content stored in the Vault for an additional eight weeks from the expiry of the Account Closure Period ("Emergency Period"). If you need to access any content stored within the Vault during the Emergency Period, please contact us and we may be able to provide you with limited access to such content (if available). Following the completion of the Emergency Period all content stored in the Vault will be destroyed by us and will be irretrievable.
We may terminate these Terms, or any Services with respect to you, or suspend or deny access to the Services or any portion thereof, if you breach these Terms, fail to make any payment when due following our notification to you of the same or if we cease offering some or all of the Services to our customers generally.
If you are not completely satisfied with your purchase of particular Services, in addition to your rights under the Consumer Guarantees Act 1993 and any other applicable New Zealand laws, you may be eligible to obtain a refund under Footprint's Refund Policy as described below:
Nothing in these Terms operates to exclude, restrict or modify any warranties, guarantees or other rights provided by law that cannot be excluded, including any rights you have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
To the extent permitted by applicable law:
We are not responsible for or any unauthorised access to any device you use to access the Services and any loss that you suffer in connection with the same (such as corruption of information).
To the extent permitted by applicable law, in no event will we be liable to you for any losses, liabilities, damages, costs or expenses including but not limited to direct, indirect, incidental, special, exemplary, punitive or consequential damages, lost profits, lost data, personal injury or property damage (even if we have been advised of the possibility of such damages) that result from or in connection with, these Terms or your access to, or use of, the Services.
Our liability for a breach of any such warranties, guarantees or rights arising out of any claim, demand, proceedings or caution whether in contract, negligence or otherwise, in any way connected with the Services shall not exceed the amount of Service Fees paid by you for, or if you are a Partner Employee, the Service Fees paid by your Benefit Provider for your specific use of, the Services over the 12 months immediately preceding the date that the relevant claim arose.
Footprint is not a statutory Trustee Company and will not provide you with estate administration, legal or executorship services. Where estate administration or executorship services are provided in connection with the Services these will be provided to you by one of our third party referral providers ("Referral Provider") who will provide such services to you direct.
Where a Referral Provider provides any services to you in connection with the Services, your use of such services may also be subject to the terms of your agreement with such Referral Provider, which will apply in addition to these Terms.
In these Terms, the words “including” and “include” mean “including, but not limited to.”
Termination of these Terms will not affect any legal remedies we may have.
Any provision of these Terms which expressly or by implication is intended to continue in force after termination of these Terms shall remain in full force and effect.
Subject to any changes that may be made to these Terms from time to time, these Terms constitute the entire agreement between you and us and supersede all previous agreements and undertakings.
You may not assign or transfer these Terms in whole or in part without our prior written approval.
Nothing in these Terms has the effect of excluding, restricting or modifying rights which cannot lawfully be excluded, restricted or modified by agreement. If any provision of these Terms contravenes a law or is not enforceable, it will be removed from these Terms, but the rest of these Terms will continue in force.
We may subcontract or delegate the performance of any of our responsibilities under these Terms.
Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver.
These Terms are governed by New Zealand law and the courts of New Zealand shall have the non-exclusive jurisdiction.
If you have a question or a complaint about the Services, please contact us by emailing us at email@example.com.
These Service Specific Terms form part of our agreement with you ("Will Package Service Specific Terms") in relation to the supply of our Will Package Services to you ("Will Package Services").
You also need to read our general terms and conditions of service ("Standard Terms"), available on our website here www.myfootprint.co.nz/terms-conditions, which apply to your use of the Will Package Services and any applicable Special Terms (which may be set out on our website or otherwise provided to you by us).
Capitalised terms used but not defined in these Will Package Service Specific Terms have the meaning given to them in the Standard Terms.
Your Will Package Services entitle you to the following:
The Estate Services are provided to you by one of our Referral Providers direct and will be subject to the terms of your agreement with such Referral Provider and not our agreement with you. However, the Estate Services should broadly include the provision of the following:
provided that you may only redeem the Estate Services if your will is valid at the time of your death.
You acknowledge that the Will Package Services may not be appropriate for all persons and we may decline your registration for the Will Package Services at our discretion, including where your will and estate needs are complex. Your needs are complex ("Complex") for the purposes of these Will Package Service Specific Terms if:
Where your estate is, or becomes, Complex and you have named one of our Referral Providers as the executor in your will, the named Referral Provider may charge fees for services provided specifically to deal with those aspects of your estate that make it Complex. You should refer to the terms of your agreement with the applicable Referral Provider if you have any questions about the Estate Services provided by your Referral Provider.
The Will Package Services do not include any third party costs such as court fees, bank charges and third party professional advisers fees (including but not limited to legal, tax and accounting fees. To the extent that you are using the Estate Services, the applicable Referral Provider may levy its fees against your estate directly for any such third party costs. You should refer to the terms of your agreement if you have any questions about the Estate Services provided by your Referral Provider.
If you use a BYO Will as part of the Services and wish to take advantage of the Estate Services:
You acknowledge that the Estate Services are provided to you by the Referral Provider direct and not us and that we are in no way responsible for the Estate Services provided to you by such Referral Provider. If you have any questions or concerns in respect of the Estate Services you must contact your Referral Provider direct.
The Service Fees for the Will Package Services are set out on our website, available here www.myfootprint.co.nz/will-package (as amended by us from time to time in accordance with the Standard Terms) and, unless agreed otherwise (such as where Special Terms apply to your use of the Will Package Services or as specified in the Footprint Connect Partner Agreement applicable to your use of the Services) are paid annually in advance.
In addition, your estate may also be charged a one off Service Fee of $5,000 if you have named a Referral Provider as your executor (or are otherwise using the Estate Services) and have been registered for the Will Package Services for less than five consecutive years prior to the date of your death.
Unless terminated in accordance with the Standard Terms:
In addition to the terms set out in the Standard Terms, if your subscription to the Will Package Services is terminated or you have outstanding Service Fees on the date of your death, neither us nor our Referral Providers (or any other provider) will be under any obligation to arrange to provide the Estate Services. In such circumstances, your estate may be charged for any estate related services conducted by such Referral Provider in accordance with their standard terms.
These Service Specific Terms form part of our agreement with you ("Will It Service Specific Terms") in relation to the supply of our Will It Package Services to you ("Will It Services").
You also need to read our general terms and conditions of service ("Standard Terms"), available on our website here www.myfootprint.co.nz/terms-conditions, which apply to your use of the Will It Services and any applicable Special Terms (which may be set out on our website or otherwise provided to you by us).
Capitalised terms used but not defined in these Will It Service Specific Terms have the meaning given to them in the Standard Terms.
Your Will It Services entitle you to the following:
The Will It Services do not include the provision of any estate administration or other related services of any kind.
The Service Fees for the Will It Services are set out on our website, available here www.myfootprint.co.nz/will-it-package (as amended by us from time to time in accordance with the Standard Terms) and, unless agreed otherwise (such as where Special Terms apply to your use of the Will It Services or as specified in the Footprint Connect Partner Agreement applicable to your use of the Services), are paid annually in advance.
These Service Specific Terms form part of our agreement with you ("Single Will Service Specific Terms") in relation to the supply of our Single Will Services to you ("Single Will Services").
You also need to read our general terms and conditions of service ("Standard Terms"), available on our website here www.myfootprint.co.nz/terms-conditions, which apply to your use of the Single Will Services and any applicable Special Terms (which may be set out on our website or otherwise provided to you by us).
Capitalised terms used but not defined in these Single Will Service Specific Terms have the meaning given to them in the Standard Terms.
Your Single Will Services entitle you to:
The Service Fee for the Single Will Services are set out on our website, available here www.myfootprint.co.nz/single-will (as amended by us from time to time in accordance with the Standard Terms) and is paid as a single one-off fee upon your registration to use the Single Will Services.