Terms and Conditions

Single Will

Welcome to Footprint’s online Single Will product. By signing up to Footprint’s Single Will product, Footprint New Zealand Limited (“Footprint”) has agreed to provide you the following services (“Services”). The Services are provided subject to the terms and conditions set out below. By using these Services, you are agreeing to be bound by these Terms of Service. These terms apply from when full payment of the Footprint Single Will product is received.

Intellectual Property

The Services including any original content, features and functionality used as part of the Services are and will remain the exclusive property of Footprint and its licensors. The Services are protected by copyright, trade mark and other laws of both New Zealand and foreign countries. Our trademarks and copyright material may not be used in connection with any product or service without the prior written consent of Footprint.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at the time. An account is automatically created with your email address when you provide us a password on the “Your Details” page. Our Footprint Privacy Policy explains how Footprint collects, stores, uses and protects your personal data.

If you become aware that any information you have provided to us is incorrect, you must let us know as soon as is practicable. We recommend you keep information used as part of the Services up to date to ensure it remains accurate. In providing any information to us, whether in relation to you or a third party, you must have appropriate authorisation to disclose such information for the purposes it will be used for by us. In providing such information, you agree with the Privacy Act 1993 and any obligations owed to any third party.

If you choose, or you are provided with, a user identification code, password or other piece of information as part of our security processes, you must treat such information as confidential and you must not disclose this to any third party.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You will promptly notify us on becoming aware of any third party using, or becoming aware of, your confidential information (for example, your user identification code or password). You will immediately take all necessary steps to change the password associated with any account that has been compromised.

Your Data

You will provide us with personal data including family information, assets and your Will instructions. Your data will be used to draft your Will and deliver the Services. It is your sole responsibility to ensure your data is accurate, complete and error free. Footprint is under no obligation to confirm or validate the information that you provide 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.

Use of Partner Employee Information

In addition to the requirements noted above, if you are a Partner Employee, you consent, for the duration of your employment with that Partner Employer during the term of their Footprint Connect Partner Agreement, to:

  • Us providing your name, email and employment details to your Partner Employer; and
  • Your Partner Employer providing us with your name, email and employment details

In each case solely for the purpose of confirming that you are a Partner Employee of that Partner Employer.

Fees and Purchases

We may change the fees but will give you advance notice of these changes via a message to the email address associated with 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.

You represent 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 such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to the availability of services. You are able to make one edit of your Will if we are notified within 4 weeks of your draft being completed at no extra cost. Thereafter fees will apply. Any mistakes made by Footprint's drafting team will not be charged against you the client, if the resulting mistakes require additional alterations to your Will.

Any mistakes made by Footprint’s drafting team will not be charged against you the client, if the resulting mistakes require additional alterations to your Will.

Footprint Connect Partner Agreements

If you (“Partner Employee”) enter into these Terms of Service in connection with an agreement between us and your employer (“Partner Employer”) in relation to Footprint's Single Will (“Footprint Connect Partner Agreement”) you will not be required to pay any charges for the Single Will specified in that Footprint Connect Partner Agreement during the period that you continue to be employed by a Partner Employer or for as long as agreed upon with your employer.

We will notify you as soon as reasonably practicable in the event that we become aware that your employer ceases to be a Partner Employer or that you are no longer a Partner Employee and will provide you with the option to either:

  • Terminate your use of the Services;
  • Commence payment of the Services yourself, in which case we will provide you with the then-current fees for the Services; or
  • If your new employer is also a Partner Employer and has a Footprint Connect Partner Agreement with respect to the same Single Will as your previous employer, transfer payment of the Services to your new employer can be arranged upon your notification to Footprint.

If you are a Partner Employee and you subscribe to a Footprint Single Will that is not covered by your Partner Employer's Footprint Connect Partner Agreement, you will be charged for the additional fees not covered by your Partner Employer in accordance with the terms set out in these Terms of Service.

Our Refund Policy

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

If you have a problem with the Will provided, you 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 assistance. One of our team will contact you to discuss the problem that you have encountered. Our office hours are Monday - Friday 8.30am to 5.30pm on business days.

As the online Will is a service based directly on the information you have provided we are unable to provide a refund due to information that has not been provided accurately or if you have changed your mind. However if we determine that the error is genuine and can be rectified immediately we may at our sole discretion issue an updated copy of the Will. This may result in additional charges; however these will be discussed with you prior to any changes being made. We cannot exchange the Will for alternative services or issue a credit note. We will determine the appropriate payment method to be used for any refunds.

Service “AS IS”

To the fullest extent permitted by law, Footprint and its affiliates, suppliers and distributors make no guarantees, warranties, either express or implied, about the Service. The Service is provided “as is”. To the fullest extent permitted by law, we also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement of the Service.

Limitation of Liability

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

As a condition of your use of the Service, 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, arising out of or resulting from:

  • Any violation of you by these Terms; or
  • The content of any information you (or anyone using your account) submit, post, or transmit through the Footprint site;
  • Your (or anyone using your account’s) use of Footprint;
  • Any negligent acts, errors, or omissions of you, or your agents.
Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you. By continuing to use or access the Service after the revisions come into effect, you agree to be bound by the revised Terms.

Governing Law

These Terms and the provision of the Service will be 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.

Entire Agreement

These Terms constitute the entire agreement between you and Footprint with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms, provided that 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 is not a waiver of our right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms and any such attempt will be void. Footprint may assign its rights to any of its affiliates or subsidiaries or to any successor in interest of any business associated with the Service.

Cookies

This website uses cookies. By using the Services and agreeing to these Terms, you consent to Footprint's use of cookies in accordance with the terms of Complectus’ Privacy Policy.

Third Party Software

In order to provide the Services or support links to other websites, it may be necessary to use particular computer equipment or to download or install certain pieces of software. If you are unable to access all or part of the Services because it does not automatically include access to any necessary software or equipment, this will not constitute a breach of the Terms. To the fullest extent permissible by law, we will not be liable for any loss, damage or expense which may result from your inability to access or use the Services.