Our Terms & Conditions
General
By using the New South Wales Probate website located at the internet address nswprobate.com (“the Website”), and in consideration of New South Wales Probate (“us”, “we”, “our”, “the Firm”) providing you with access to the materials on our Website, you agree to the following terms and conditions of use (“Terms and Conditions”):
The information, documents, graphics, images, fonts, articles, content and any form of information capable of being displayed on the Website (“Materials”), are not intended to be taken as exhaustive information, but rather, to summarise our products, services and any other matters that may be of interest to our existing or potential clients.
Because the Internet is not a secure medium we cannot guarantee, and we will not be liable to you, for any communications to and from our Website that may be intercepted or altered in transit by any third parties.
We do not warrant that our Website will always be free from anything which may damage any device which accesses our Website or data on such a device.
Privacy
In using our Website, you are deemed to have accepted our Privacy Policy which appears on our Website.
Restrictions
Our Website, and the information and facilities contained on our Website, must not be used in any unlawful way, for any illicit or illegal purpose, or in any manner that infringes upon the rights of the Firm.
In addition, you must not:
- data mine or conduct automated searches on our Website or the Materials on our Website, whether through the use of additional software or otherwise;
- incorporate any of the Materials on our Website, including any advertising or promotional Materials;
- create links from our Website to any other website on the Internet, or copy our Website without our prior written consent;
- tamper with, hinder the operation of, or make unauthorised modifications to our Website or any of its Materials;
- knowingly transmit any virus, worm, trojan or any other cyber security threat or disabling feature to, or via, our Website;
- use our Website, or any of the Materials, to defame, abuse, harass, stalk, threaten or cause any actions that would violate the legal rights (such as rights of privacy and publicity) of others;
- advertise or offer to sell any goods, services or subscriptions, nor shall you conduct or forward any surveys, contests or chain letters;
- delete any author attributions, legal notices or proprietary designations or labels contained in any Materials that are displayed, uploaded or available for download on the Website;
- use our Website to send commercial, unsolicited or bulk electronic messages, in any material form, to anyone or in any manner which constitutes a breach of the Spam Act 2003 (Cth); or
- use the Firm’s Website, or any facilities available on our Website, for any activities, including transmitting to or via our Website, any information or Materials which breach any laws or regulations;
- breach these Terms and Conditions of Use;
- infringe the rights of any third parties, including, but not limited to any intellectual property rights, rights of privacy, or their commercial in confidence information such as trade secrets;
- display on, or use our website in connection with, any Materials that are, or are capable of being interpreted as, inappropriate, offensive, obscene, threatening, indecent, inflammatory, illicit, pornographic, defamatory, confidential, false, misleading or are discriminatory to the extent that this breaches any applicable anti-discrimination legislation;
- display, or attempt to display, either privately or publicly, any information which is used in connection with our Website that would identify a person, or information which could be used to identify a person (including any copy, photos or other pictorial representations), unless you have obtained that person’s authority to do so; or
- attempt to do, or permit another person to do, any of the above acts.
Acceptance of Risk
Access Outside Australia
Availability of Website
We may, without prior notice, suspend, disconnect or deny you access to all, or part of, our Website if any of the following occurs:
- any technical failure;
- to conduct any required maintenance;
- if you fail to comply with any agreement with us; or
- if you do, or allow to be done, anything which in our opinion may jeopardise the operation of our Website.
We reserve the right to make any improvements and/or changes we deem necessary to our Website or Materials at any time and without notice.
Intellectual Property
If permitted by the laws of the jurisdiction where you have accessed our website, you may download, print or copy any Materials on our Website, but only if this is done strictly for personal use.
Unless written consent has been provided to you by us, you cannot, sell, lease, furnish or otherwise permit or provide access to our Website to any other person. Moreover, you must not use, reproduce, communicate, publish, or distribute any of the Materials on our Website, unless you have been granted written consent by us to do so or if these acts would constitute a fair dealing, pursuant to the Copyright Act 1968 (Cth).
Under no circumstances can you reproduce or use any of the Materials displayed, or used in connection with our Website, for your or anyone else’s commercial gain.
No Representations as to the Provision of Legal Advice
The Materials displayed, and used in connection with our Website, are strictly general in nature and shall not be interpreted as being capable of providing anything other than general comment or advice.
Any articles, blogs, comments or any other information displayed, or used in connection with our Website, are not intended to be fully comprehensive of the subject matters that they relate to, nor do they constitute the provision of any legal advice from us to you.
Whilst every reasonable attempt is made to ensure that any Materials published on the Website are up-to-date at the time of publication, we do not, and cannot, guarantee its currency or accuracy.
Users of our Website should not act, or rely upon, any of the Materials published by us on our Website without first consulting one of our legal practitioners.
Client/Solicitor Relationship
The creation of a client/solicitor relationship between you and the Firm does not arise, either explicitly or implicitly, as a result of you viewing, accessing or commenting on any of the Materials displayed on our Website.
Copyright
Unless otherwise indicated, we exclusively hold the rights to all of the copyright associated with the Materials and design of our Website. We also own all such copyright or have been granted access to the use of any copyright owned by a third party, under a valid licencing agreement or applicable law.
Unless done in accordance with the purposes of the Copyright Act 1968 (Cth), and subject to the obligations contained therein or any other applicable legislation throughout the world, or as otherwise provided for in this copyright notice, no part of any Materials may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without our prior written consent.
If a trademark owned by us is displayed on our website, any unauthorised use of these trademarks will constitute an infringement of our intellectual property rights.
We reserve all other rights in the Materials and our Website.
Liability
Whilst our Website is available for use by the general public, no assumption of a duty of care owed by us to any users of our Website exists.
We make no warranties or representations in any form regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Materials. You should seek legal or other professional advice before acting or relying on any of the Materials.
We also do not warrant or represent that our Website or Materials will not cause any damage to any devices that are used to access our Website, nor do we warrant or represent that our Website or Materials are free from any viruses, malware, worms, trojans, defects, errors or any other cybersecurity threats that may cause any inconvenience or damage to any property or information owned or used by you.
Where any law implies a warranty into these Terms and Conditions of Use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for any breach of the warranty will, at our option, be limited to the supply of the product or services again, or the payment of the cost of having them supplied again.
Where any liability by us to you in connection with our Website cannot be excluded, any liability incurred by us in relation to the use of our Website or the Materials is limited to any of the obligations contained in the Competition and Consumer Act 2010 (Cth).
Under no circumstances will we be liable for any incidental, special or consequential damages, including any damages for any loss of business or other profits, which arises because of any use of, or reliance on, any of the Materials on our Website.
Links
We make no warranties or representations that the Materials displayed on other websites, to which our Website is linked, does not infringe upon the intellectual property rights of any person/s anywhere in the world.
We do not authorise any infringement of any intellectual property rights contained in the Materials on other sites.
Uploading Information
You represent and warrant in relation to any Materials, content and/or information you provide to our Website that:
- you will not knowingly transmit any worm, virus, malware, trojan or any other disabling feature to, or via, our Website;
- you are authorised to provide the Materials and/or information;
- the Materials and/or information is not defamatory, malicious, false or misleading in relation to any product, service, person or entity;
- the Materials and/or information does not constitute a ‘passing off’ of any product or service and does not constitute unfair competition;
- the Materials and/or information does not infringe upon any intellectual property rights including, but not limited to, any trademarks, service marks or business names (whether registered or unregistered), designs, patents, confidential information or copyright;
- the Materials and/or information does not breach any legislative or regulatory requirements including, but not limited to, the Competition and Consumer Act 2010 (Cth) and Fair Trading Act 1987 (NSW), or any equivalent Australian State or Territory legislation, or any law in any country where the Materials and/or information is or will be available electronically to users of our Website.
Improvements to Website
We are open to any ideas or feedback you may have about all of the aspects of our Website. In the event that this occurs, you agree that we may reproduce, distribute, transmit, create derivative works of, and publicly display any Materials and other information (including ideas for new or improved products and services) that you submit to any public areas of our Website (such as forums) or by post or email to us.
Severance
Applicable Law
Indemnity
By using our Website, you indemnify us and our respective officers, employees and agents (the Indemnified) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that we incur or suffer as a direct or indirect result of:
- a breach by you of these Terms and Conditions of Use;
- an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by any data that is either uploaded or downloaded from our Website;
- any claims brought by or on behalf of any third party relating to any act or omission by you.
General
We maintain absolute discretion to change the Terms and Conditions of Use without notice. Where a change to the Terms and Conditions of Use by us occurs, a version of the current Terms and Conditions of Use will be available on our Website whilst these changes are being made.
If we make a decision not to act in relation to a particular breach by you of these Terms and Conditions of Use, this shall not be treated as a waiver by us regarding our right to act with respect to this particular, or any other similar or subsequent breaches.
You acknowledge the Materials are for the purpose of general comment only, and that this is not intended for any particular user. You also acknowledge that in preparing the Materials, we have not taken into account any particular user’s objectives, circumstances, financial situation or any other needs particular to that user. Accordingly, before acting on any information contained in the Materials, you should contact us to determine whether this is appropriate in regards to your particular circumstances and requirements.
This document, and any warranties implied by law which are not capable of being excluded or modified, embody the whole agreement between the parties. Any previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled.
Fees and Outlays
If you apply for Probate with us, you agree to pay our fee set out on the page of our Website titled “Cost of Probate in NSW”.
You acknowledge that there is no guarantee that you will be able to obtain Probate from the Supreme Court. Circumstances can sometimes arise to prevent or delay the obtaining of Probate which can include (but are not limited to) the following:
1. the Supreme Court may refuse to grant Probate because (among other things) it has concerns about:
(a) whether the deceased had testamentary capacity to have made the will;
(b) the manner in which the will was signed and/or witnessed and when;
(c) burns, tears, marks, staple holes, paper clip marks and amendments that appear on the original will;
(d) whether the will is the deceased’s last original valid will; or
(e) whether the executor is entitled to Probate.
2. a person may file a caveat or other document in the Supreme Court objecting to and/or preventing you from obtaining Probate,
(collectively called Requisition or Objection).
If you are prevented from obtaining Probate because of a Requisition or Objection, then you acknowledge and agree that you are not entitled to a refund of the fee you have paid to us.
We are not obliged to undertake the extra legal work required in relation to the Requisition or Objection. If you would like our assistance in dealing with the Requisition or Objection, then we will provide you with an estimate of any additional costs and outlays applicable in dealing with the Requisition or Objection for your consideration. You then can decide whether you would like us to undertake additional legal work in relation to the Requisition or Objection having regard to the estimate we provide.
Contact Details
If you have any questions or comments about these Terms and Conditions of use, write to us at
Email: [insert email address]Post: [insert address]