By accessing and using this Site and the Services offered at this Site, and by using the DigiWill Platform, you have Opted In to the DigiWill products offered and agree to be bound by the Terms and Conditions set out herein. If you do not wish to be bound by these Terms and Conditions, you may not utilize the DigiWill Platform and you must cease your access and use of this Site immediately.
DigiWIll may amend these Terms and Conditions from time to time without notice to you, and it is your duty to familiarise yourself with the current version of these Terms and Conditions when accessing the Site. Continued use of the Site constitutes your acceptance of the Terms and Conditions as amended. The date of last revision will appear at the end of these Terms and Conditions.
You are not receiving Legal, financial, Estate Planning or Personal advice, or any advice of any kind. No one reviews any of your responses or submissions for accuracy or appropriateness
OUR SERVICES
DigiWill provides a platform for drafting a Will at no cost. It is a self help and guided platform that helps the user understand the process of drafting a will. The platform services are for private use and does not constitute any legal or financial advice.
The platform offers a “DigiProtect Estate cost calculator” which is an estimation cost tool used to show the user an illustration of the expected estate cost based on the input information. This calculator is only an estimation with the objective of giving the client an illustrative figure and making the client aware of the costs to be incurred when winding up the estate.
The “DigiProtect Estate cost calculator” will indicate the estimated costs for the Executor fee, Master Fee, Conveyances’ fee, Estate Duty and Administrative costs based on the inputs of the client.
If the user has completed their Will and is interested in getting a quotation on DigiProtect Estate Insurance, this service is offered on the DigiWill platform as part of the tools and deal zone.
The DigiProtect Estate Insurance policy can be accepted by the client/Insured digitally as this is also a self help process whereby the client accepts all the terms and conditions and provides the information digitally. DigiWill is an authorised FSP.
DigiWill will remain in contact with signed up users on the importance of Wills, Estate planning, and insurance through annual updates and marketing.
SCOPE OF THE SERVICES
The Site and platform offer Users the opportunity to draft their own Wills. Although the Site provides Users with legal information that is generally applicable and permits Users to create their own Wills the Services are intended to be applicable to a broad group of people.
Our services do not constitute and are not intended to be a substitute for professional advice. If you need specific legal, financial, estate planning or personal advice, or have unique or specific concerns, then you should consult an attorney Financial Planner or estate planner.
Your use of the Services does not create an attorney-client relationship between you and DigiWill, or between you and any employee, representative or associate of DigiWill. The Will provided through use of this Site and the information on this Site are not a substitute for legal, financial, estate planning or personal advice from qualified professionals and may not be protected as privileged or confidential communications between attorney-client.
The Site does not review the information provided us for factual or legal accuracy or completeness or appropriateness and does not provide legal advice, not does it provide advice about the selections you have made or provide advice concerning your specific situation. If you need legal, financial, estate planning, financial planning or personal advice for a specific problem, you should consult with an appropriate professional.
The accuracy, completeness, adequacy or currency of the Services are not warranted or guaranteed, and our use of the Services on this Site or materials linked from this Site is at your own risk.
On logging into the Site you are granted an individual non-transferable, non-exclusive, revocable, limited licence to access and use the Site and/or the Services in accordance with these terms and conditions. Your limited right of access and use licence may be terminated at any time, for any reason.
You undertake to provide accurate and complete information and it is your responsibility to inform DigiWill of any change to your information.
The Services are provided on an individual basis and for your personal use only:
You may not permit anyone other than you to use the Services or to access through your log in
The Services on this Site are intended for your personal use only and may not be used for your commercial benefit or that of a third party.
You may not use any monitoring or discovery software to extract information about usage, individual identities or users.
You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Site or the Services.
You may not use this Site to transmit any false, misleading, fraudulent or illegal communications.
Any unauthorised use of this Site and/or the Services is prohibited.
You shall not use the Services, or allow or enable others to use the Services, in any manner that is indecent, threatening, defamatory, hateful, racially, culturally or ethnically offensive, objectionable, discriminatory, or abusive.
You may not use the Site or the Services, or information from the Site or Services:
to send or transmit junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and "phishing";
to be used for your own of third-party commercial, advertising, marketing or business purposes;
to transmit, distribute or upload programmes or material that contain is harmful (such as, without limitation, viruses, timebombs, cancelbots, worms, trojan horses, spyware, or the like);
to create a false identity for the purpose of misleading others;
to violate any laws, regulations, intellectual property rights, privacy rights;
to gain unauthorised access to the System other users' accounts, names, passwords;
to modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the System or any other persons’ rights of use and enjoyment of the System.
PRIVACY
You may access and update your personal information after logging in.
You may ask us for a copy of personal information, and correct, delete or restrict the processing of your personal information. You may have the right to object to the processing of personal information in certain circumstances - subject to applicable law. These rights may be limited if they would reveal personal information about another person or would infringe DigiWill’s rights or those of a third party, or if DigiWill is required by law to retain information or has compelling legitimate interests to do so.
DigiWill’s use of personal information is necessary to provide information or services to you through the Sites or otherwise. If you choose limit or delete or restrict the processing of personal information, it may affect DigiWIll’s ability to provide the Services.
COMMUNICATIONS
By using the Services, you agree that you may receive communications from DigiWill, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email.
INTELLECTUAL PROPERTY
Copyright in written material, design, layout, look, logos, and graphics, code and all other works contained in this Site is owned or held by DigiWill under licence. DigiWill asserts and reserves all of its rights in this regard.
Access to or use of this Site will not in any way result in an assignment or license of any intellectual property owned by us or any other party.
You may not transmit, transcribe, reproduce, store, distribute or commercially exploit the contents of or any product arising from the Site without DigiWill’s express prior written permission, save as expressly permitted.
THIRD PARTY SITES
This Site may contain links to Sites owned and/or operated by third parties. DigiWill is not responsible for the content of such Sites and does not accept any liability in connection with such Sites.
DigiWill disclaims all liability for any third-party communications you may receive or any actions you may take or refrain from taking as a result of any third-party communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of such communications.
DigiWill shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on this Site.
LIMITATION OF LIABILITY AND INDEMNIFICATION
DigiWIll will not be liable to any user of this Site or testator or any third party arising from any direct, indirect or consequential loss or damage occasioned from the use of this Site or any product generated therefrom.
DigiWIll disclaims all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use this Site whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise. Consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure.
Use of the DigiWill system, and/or any of the services and products offered through it, is at your sole risk. You shall have no claim against us for any loss, damages, harm, injury, death or expense which may be suffered by you or by any third party from any cause whatsoever, howsoever arising, including, but not limited to any act, omission, default or negligence on our part, failure by us to comply with the Privacy Notice, breach of security or the terms of use by any person including ourselves, your reliance on the content of this System or information or advice provided to you, performance of the software, suspension or interruption of your access to this System, or distortion, corruption or loss of data. Damages shall include direct, indirect, general, special, incidental, punitive and consequential.
You agree to indemnify and hold us, our employees, officers, agents, subcontractors, subsidiaries and affiliates harmless from any demand, action, application or other proceedings, including for attorneys' fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of or access to this Site or any product generated therefrom. To the extent that the foregoing limitation of liability is prohibited or fails of its essential purpose, DigiWill's sole obligation to you for damages shall be limited to R100.00.
GENERAL PROVISIONS
The provision of the Services, the operation of this Site and the resolution of any dispute arising therefrom will at all times be subject the laws of the Republic of South Africa.
Any disputes or claims arising out of or relating to these terms or the Services shall be litigated exclusively in the jurisdiction of the High Court (KwaZulu-Natal Division, Pietermaritzburg).
The User must at all times comply with South African legislation and if the User accesses the System from locations outside of South Africa the User must comply with all local laws.
DigiWill may suspend the System or restrict access to the System or any part thereof, without prior notice, in order to update or maintain the DigiWill system.
DigiWill reserves the right to change these terms and conditions at any time. Updated versions of the terms and conditions will appear on this Site and are effective immediately. You are responsible for regularly reviewing the terms and conditions. Continued use of this Site after any such changes constitutes your consent to such changes.