Legal
Terms of Service
Last Updated September 13, 2021
These Terms of Service (the “Terms”) constitute a legal agreement and are entered into by and between you and WillMate ("WillMate", "we", "us", "our"). The Terms govern your access to and use of willmate.ca (the “Site”), including to create a Will and Powers of Attorney (collectively a “Will”), and all legal services provided by us in connection with the Site (the Site and services are collectively the “Service”).
By using the Service or by clicking to accept the terms and conditions, you accept and agree to be bound and comply with these Terms and our privacy policy (the “Privacy Policy”). If you do not agree to these Terms or the Privacy Policy, you must cease using the Service immediately.
By using this Service, you represent and warrant that you are at least 18 years of age and a resident of the Province of Ontario. If you do not meet all of these requirements, you must cease using this Service immediately.
Modifications to the Terms and Conditions and to the Service
We reserve the right in our sole discretion to revise and update these Terms from time to time. Except as described in the following sentence, any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Service. Where you have started to create a Will prior to the posting of the modifications, the Terms in effect at the time you started the process will continue to apply for that particular Will. You agree to periodically review these Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Service, and the Service, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is restricted to users or unavailable at any time or for any period.
Your Use of the Service and Account Set-Up and Security
It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Service or to use via email. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.
Any username or password chosen by you must be treated as confidential, and you must not disclose it to any other person or entity. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Service or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.
Fees
All fees are payable by credit card which will be preauthorized at the time you start the Will creation process. You will be charged the fee to prepare the Will when the draft documents are delivered to you.
If you have selected the option to have your documents witnessed by us at an in-person or videoconference meeting, you will be charged for the signing after the meeting. If you cancel a meeting on the same day as your meeting or fail to attend a meeting which you scheduled, you will be charged the full fee for the meeting.
Joint Retainer for “Couples Wills”
Where we are asked to prepare Wills for spouses we treat the matter as a joint retainer. The “joint retainer” has several implications:
- No information received from one spouse may be kept confidential from the other spouse. As a result, all communications and documents will be delivered to and accessible by both spouses.
- In the event a conflict arises which cannot be resolved, we may no longer be able to act for both of you and may no longer be able to represent any of you.
- If, after preparing the documents, one spouse communicates new instructions such as to change or revoke a Will, these new instruction will be treated as a new retainer, not as part of the original retainer and will need to be kept confidential from the other spouse. However, we will be unable to act for the instructing spouse in connection with this new retainer unless the spouses have ended their relationship, the other spouse is deceased or the other spouse was informed about and consented to the new retainer.
Intellectual Property Rights and Ownership
The Service and all intellectual property rights in the Service (including without limitation any content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. Nothing in these Terms grants you any rights in the Service other than as necessary to enable you to access the Service.
The “WillMate” name and logo and all related names, logos, product and service names, designs, images and slogans are our trademarks. The use or misuse of any trademarks or any other content on the Service except as provided in these Terms is strictly prohibited. Nothing contained on the Service shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.
No Reliance (Other than Final Wills)
With the exception of final Wills, the content on our Service is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Service. This includes draft Wills sent to you through the Service, as they are automatically generated, may contain errors and may not adequately reflect your wishes.
Except as described in the following paragraph, although we make reasonable efforts to update the information on our Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our Service is accurate, complete or up to date. Your use of the Service is at your own risk and WillMate shall not have any responsibility or liability whatsoever for your use of this Service.
Final Wills are prepared following your review with a lawyer. Final Wills are the product of legal advice and are intended to be relied upon as such.
Third Party Sites
For your convenience, this Service may provide links to third-party sites. We make no representations about any other websites that may be accessed from this Service. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Warranties and Limitation of Liability
You agree that your use of the Service is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law and in respect of final Wills, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Service, including without limitation as to completeness, accuracy and currency or any content on the Service, or as to satisfactory quality or fitness for a particular purpose.
To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any content, the unavailability of the Service for any reason, and any representation or statement made on the Service.
We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Service, for example if you lose revenue, salary, profits or reputation as a result of your use of the Service and/or the acts or omissions of any third party such as other users of the Service or any other indirect or consequential loss or damage you may incur in relation to the Service and its Content.
Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Service (including the downloading or use of any Content) exceed, to the extent permitted by law, the amounts paid by you to us in relation to your use of the Service.
No Circumvention
You are prohibited from attempting to circumvent and from violating the security of this Service, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Service; (f) using any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Service via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Service.
Governing Law
These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Dispute Resolution
Except to the extent permitted by applicable law, in the event of any dispute arising out of or related to the Service, the parties agree to first try in good faith to settle the dispute by providing written notice via email to the other describing the facts and circumstances (including any relevant documentation) of the dispute and providing the other party with 30 days in which to respond or settle the dispute. To the maximum extent permitted by law, the parties agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any claim against the other party. If the parties are unable to resolve the dispute within 30 days of notice, the parties agree not to commence any action or proceeding except in Toronto, Ontario.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Severability
If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
No Assignment
You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.
Entire Agreement
The Terms and our Privacy Policy constitute the sole and entire agreement between you and WillMate regarding the Service and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Contact
All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to us using the contact page on the Site.