Hades - The Australia Will App

We are passionate about our app and helping Australians with their estate planning problems.

 

Terms and Conditions of Use 

Please feel free to contact us through this website if you have any questions or suggestions.

1. Use of the App

1.1 Who can use our App?

You mustbe over 18 years of age to use our App. Our App is only designed for Australian users. If you live outside of Australia then you should seek legal advice on the requirements of your jurisdiction in relation to Wills.

You are responsible for maintaining the confidentiality of any and all actions that take place while creating your order, and must notify our team right away of any actual or suspected loss, theft, or unauthorised use of your order. We are not responsible for any loss that results from unauthorized use of your order or App on your phone or tablet.

If you are a resident of the European Union: You have the right to delete your personal information with us by contacting our support team. 

1.2 Service Updates, Changes and Limitations

Our App is constantly evolving. With the launch of new services and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain aspects of the App. We may also update our App, which might not work properly if you don't install the updates.

The App may change, and the form and functionality may change without prior notice to you.

We may provide updates (including automatic updates) for the App as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, "Updates"). Certain portions of our App may not properly operate if you do not install all Updates. You acknowledge and agree that the App may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We may change, suspend, or discontinue any or all of the App at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the App. We may also impose limits on the App or restrict your access to part or all of the Services without notice or liability.

1.3 Service Monitoring and Suspension

We reserve the right to refuse to provide the App to anyone, and can monitor, terminate or suspend your order or access to the App at any time.

We reserve the right, but have no obligation, to monitor any order and/or activities conducted through or in any way related to the the App.

We may also deactivate, terminate or suspend your order or access to the App at any time: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms or the spirit thereof (as highlighted in our Community Guidelines), (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for Hades Will App Pty Ltd, the general public, any third party, or any user of our App, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuation or material modification of any Services, or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the next time you attempt to access your order after any such deactivation, termination or suspension.

1.4 Security

Please let us know right away if you believe your order has been hacked or compromised.

We care about the security of our users. While we work hard to protect the security of your Personal Data, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify our support team immediately of any actual or suspected breach or unauthorised access or use of your order.

2. Ownership and Use of Content

2.1 Definitions

Content is what shows up on your display when you use our App. 

For purposes of these Terms, (i) "Content" means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, comments, software, scripts, executable files, graphics, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the App.

2.2 Ownership

You own the Content that you create, and we own the Content that we create. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the App unless specifically authorised in writing by us.

2.3 Our License to You

You are welcome to access and use the App. We work hard to provide a great experience for our users, so please respect our intellectual property rights and only use the App as intended. This includes not using the App for commercial purposes without our permission. 

Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the App for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the App.

2.5 Your License to Us

When you provide information in connection with the App, it belongs to you - however, you're giving us permission to use that information in connection with providing you with your Will. Don't provide any information that is not yours or that you do not have permission to provide.

2.6 Your Feedback

We appreciate your feedback and can freely use your suggestions to make the App better. Thank you and keep the ideas coming!

If you choose to submit comments, ideas or feedback, you should submit the idea through this website and you agree that we are free to use the ideas you submit without any restriction or compensation to you. By accepting your submission, we do not waive any rights to use similar or related feedback previously known to us, developed by our employees, or obtained from sources other than you. You certify and represent that the information or feedback you submit to us through the App is not confidential or proprietary information.​

3. Mobile Services

While we strive to make our App available on many platforms, we can't guarantee that our applications are compatible with your device. If you use our App, your standard data and messaging rates will apply, and the rules of the app store from which you are downloading will also apply.

3.1 Wireless Carrier and Device Considerations

To use or access our App, you will need a compatible device. We cannot guarantee the App will be compatible with, or available on, your device. We do not charge for use of our App. Your phone company's normal messaging, data, and other rates and fees will still apply.

3.2 Text and Mobile Messaging Express Consents

By downloading or using our applications, you expressly agree we may communicate with you regarding transactions you have initiated on the App or respond to your communications to us through the App by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the App may be communicated to us automatically from your device. We will not send you messages of a marketing nature without your prior express written consent and you can opt out of receiving any marketing messages from us at any time.

3.3 Mobile Application License

We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our App downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the App, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.

3.4 App Stores

If you download our App from a third-party app store (the "App Provider"), you acknowledge and agree that:

  • The Terms are an agreement between us, and not with the App Provider. As between Hades - the Australian Will App and the App Provider, we are solely responsible for our App;

  • The App Provider has no obligation to provide any maintenance and support services with respect to the App;

  • In the event of any failure of the App to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between us and the App Provider, our responsibility;

  • The App Provider is not responsible for addressing any claims you have relating to the applications or your possession and use of the App;

  • If a third party claims the App infringes another party's intellectual property rights, as between the App Provider and us, we will be responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms;

  • The App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the App. Upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the applications against you as a third-party beneficiary thereof; and

  • You must also comply with all applicable third-party terms of service when using the App.

4. Payment

If you choose to subscribe to purchase a Will, these are the payment and billing terms that apply.

4.1 Payment Terms

We offer the ability to purchase your Will for a fee. By submitting an order for a Will, you agree to our Terms, and any additional terms and conditions provided here. 

When you order your Will, you must designate and provide information about your payment method ("Payment Method"). This information must be complete and accurate. You expressly authorize us to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the Will and for any other purchases you elect to make via the App.

Unless otherwise stated, all fees due for the Premium Services are payable in advance. All purchases of a Will are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service.

4.2 Order

If you do not pay the fees or charges due for your Will, then your order will not be processed.

4.3 Fee Changes

To the maximum extent permitted by applicable laws, we may change our prices for a Will at any time.

4.4 Discount, Coupon or Gift Codes

If you have received a discount, coupon or gift code to the App, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log in to the App and enter the applicable code to take advantage of the relevant promotion. Discount, coupon and gift codes cannot be combined with any other cash-off price, sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use. We reserve the right to cancel discounts and coupon promotions at any time.

Legal Advice

5.1 No legal advice

Our app is not a substitute for legal advice. While it is created with the utmost care, we cannot provide legal advice specific to your circumstances. The App is a cost effective option for creating a legally valid Will, not comprehensive estate planning advice. If you have complicated personal affairs, involving trusts, companies and taxation issues or if your family circumstances are likely to have issues requiring advice, such as step-children, second marriages or estranged beneficiaries then you should seek legal advice from a qualified lawyer.

All information is general legal information provided to assist with the use of the App. Where we recommend that you seek legal advice you should do so.

Services.

5.2 Disclaimer Regarding Accuracy and Reliance on Content

We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the App, and we make no commitment to update such Content.

6. Modifications to the Terms and Product-Specific Terms

As we grow and improve, we might have to make changes to these Terms or include additional terms that are specific to certain products.

6.1 Updates to these Terms

We reserve the right to modify these Terms by (i) posting revised Terms on and/or through the App, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the App (such as through a notification on the home page of the Under Armour websites or in our applications). Modifications will not apply retroactively unless required by law.

We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your choice to proceed with an order following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the App.

7. No Warranties

EXCEPT WHERE PROHIBITED BY LAW, WE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the App or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the App will meet your requirements or provide specific results, (ii) the operation of the App will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content. No advice or information, whether oral or written, obtained from other users or through the App, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the App is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

8. Limitation of Liability

We are building the best App we can for you but we can't promise they will be perfect. We're not liable for various things that could go wrong as a result of your use of the Services.

To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall Under Armour, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or content of any third party or user of the App, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not we have been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of Hades - the Australian Will App, for any claim under these Terms, including for any implied warranties, is limited to the greater of one thousand dollars (us $1,000.00) or the amount you paid us to use the applicable App in the past twelve months.

In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the App (including but not limited to your participation in any activities promoted by or accessed via the App), (b) the use, disclosure, display, or maintenance of a usr's Personal Data, (c) any other interactions with us or any other users of the App, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the App or received through any links provided with the App.

To the extent permitted by applicable law, you acknowledge and agree that we offer the App and set the App's prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us. We would not be able to provide the App to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales and Australian Commonwealth law as applicable, without regard to its conflict of law principles.

10. Disputes and Arbitration, Jurisdiction and Venue

To the maximum extent permitted by applicable law, you and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Any arbitration between you and us, to the extent necessary, will be conducted in Port Macquarie NSW, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum.

The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed.Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:

  • the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;

  • the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and

  • any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.

You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your choice to maintain an account, access or use the App:

  • You are giving up your right to have a trial by jury; and

  • You must file any claim within one (1) year after such claim arose or it is forever barred.

If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in NSW, and you and we hereby submit to the personal jurisdiction and venue of these courts.

This agreement to arbitrate will not preclude you or us from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or us from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of our intellectual property rights.

In the event of any litigation or arbitration arising from or related to these Terms, or the App, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys' fees, and all other related expenses incurred in such litigation or arbitration.

  • In addition, nothing in these Terms limits your rights to bring an action against us in the local courts of your place of domicile. All disputes arising under the Terms between you and us will be subject to the non-exclusive jurisdiction of the courts located in your place of domicile.

11. Survival

If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation.

12. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the App. The Terms and any Product-Specific Terms constitute the entire agreement between you and us with respect to your use of the App.

Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the App.

Our notice to you via email, regular mail, or notices or links displayed in connection with the App constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., "junk" or "spam" folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the App, then it will be considered received twenty-four hours after it is first displayed.

13. Contact Us

If you have any feedback, questions or comments about the Services, please contact our us via this website.