1. PARTIES - The parties to this agreement are Wills Database International PTY (LTD)
(“WDI”) and the party whose name appears on the website: www.willsdatabase.com under
2. TERMS OF SUBSCRIPTION AGREEMENT - The terms and conditions of this agreement shall
apply mutatis mutandis to each and every option as if the terms and conditions of
this agreement where incorporated in such option.
3. DURATION – The member shall remain a subscriber of WDI indefinately once the registration
fee has been recieved unless the member specificaly request to be removed.
4. PROVISION OF SERVICES - The services applied for by the Applicant in terms of
this agreement are the storage of data on a database that will only be made available
to the executor on time of death of the applicant.
5. COSTS - In consideration of the provision of the services under this agreement,
the Applicant shall pay WDI (i) a once-off registration fee and (ii) any subscription
fee as stipulated under the heading "Product and Services". WDI shall have the discretion
to increase the registration fee in accordance with CPI at no more than 10% per annum.
If by reason of the introduction of any law or government regulations pertaining
to the subject matter which might require WDI to amend the costs, then and in such
event WDI shall have the sole and unfettered right to increase the costs and the
Applicant grants WDI the right to increase the costs forthwith.
6. INTELLECTUAL PROPERTY RIGHTS - The Applicant shall not during or after the expiry
or termination of this agreement, without the prior written consent of the WDI or
the owner as the case may be, use or adopt any trademark, trade name, or commercial
designation that includes or is similar to or may be mistaken for the whole or any
part of any trademark, trade name, or commercial designation used by WDI or the owner,
as the case may be.
7. CONFIDENTIAL INFORMATION - The Parties acknowledges the confidentiality of all
documentation stored with WDI and any discussion between the parties and WDI undertakes
that, both during the currency of this agreement and thereafter, it shall not disclose
such confidential information to any third party. WDI shall further ensure that such
confidential information is disclosed only to employees and agents who need to be
familiar with such confidential information in the course of their duties and the
Applicant hereby guarantees that such employees and agents to whom the confidential
information is disclosed, shall honor the confidentiality thereof. WDI may, however,
disclose the confidential information in response to a valid order of court or other
governmental agency or if disclosure is otherwise required by law, provided the Applicant
gives WDI reasonable written notice prior to such disclosure. WDI shall not be obliged
to maintain the confidentiality of any confidential information which the Applicant
can prove (i) is already known to it without an obligation to maintain the same as
confidential, (ii) becomes publicly known through no wrongful act of the Applicant,
or (iii) is rightfully received from a third party without breach of an obligation
of confidentiality owed to WDI.
8. LIABILITY - WDI shall be under no liability to the Applicant whatsoever by reason
of any loss or damage sustained by the Applicant, or any third party, arising out
of the use of the services. In the event of any court or other competent authority
holding that liability cannot be excluded, WDI's liability to the Applicant under
this agreement and howsoever arising, shall be limited to direct damages only in
an amount not exceeding the total registration fee payable by the Applicant in the
relevant year in respect of the supply of services in terms of this agreement, and
in no event shall WDI be liable for any consequential, incidental, indirect, special
or other damages whatsoever arising out of this agreement, regardless of whether
such liability is based on breach of contract, delict, strict liability, breach of
implied warranties, terms and conditions or otherwise.
9. INDEMNITY - The Applicant hereby indemnifies and holds WDI harmless against any
and all losses, injury, damage or claim of whatsoever nature and howsoever arising
from or in connection with WDI, whether or not such claims are caused by any act
or omission on the part of the WDI or anyone else.
10. FORCE MAJEURE - Neither party shall be liable to the other in any way whatsoever
for failure, interruption, delay or any other matters which are beyond the reasonable
control of a party and which could not reasonably have been foreseen by it at the
date of this agreement, in particular civil commotion.
11. TERMINATION AND EFFECTS OF TERMINATION - Should the Applicant not comply with
the terms of the agreement, WDI shall be entitled, but not obliged, in its sole and
absolute election and without prejudice to any rights it may have at law including
the right to claim damages, to either terminate this Agreement and claim from the
Applicant as all legal costs, including legal costs on the attorney-and-client scale.
Upon termination of this agreement for any reason whatsoever, WDI shall delete all
data in its possession and handover to the Applicant all tangible forms of the data
received from the Applicant as well as any other documents supplied by the Applicant.
12 NOTICES AND DOMICILIUM - The parties choose as their domicilia citandi et executandi
their respective addresses set out in the Application Form for all purposes arising
out of or in connection with this agreement at which addresses all processes and
notices arising out of or in connection with this agreement, its breach or termination
may validly be served upon or delivered to the Parties.
13. VARIATION - WDI may vary the terms and conditions of this agreement by giving
notice thereof to the applicant.