Terms of Use

These Terms are effective from 28th May, 2018.

  1. By accessing and using the willnotice.com website (‘Website’) and all services offered by WillNotice Limited (‘WillNotice’) via the Website (‘Services’), the organisation entering into these Terms as a user of the Website or Services, together with all individual users accessing the Website or Services on behalf of that organisation (together, ‘You’, ‘Your’, ‘User’ or ‘Users’) accept and agree to be bound by these terms of use (‘Terms’).
  2. Users may only use the Website and Services in accordance with these Terms. All rights not expressly granted to Users in these Terms are reserved by WillNotice. These Terms apply to all use of the Website and any paid or free use of the Services.
  3. If a User does not comply with these Terms, WillNotice may, at its discretion and with or without notice, cancel or suspend that User’s account and refuse to provide Services to that User.
  4. WillNotice reserves the right to amend or update these Terms, the Website, and the Services it provides, at any time, and may also add new features to the Service that will be subject to the Terms. Any User who continues to use the Website or Services after any changes have been made will be taken to have agreed to those changes. New versions of these Terms will be dated according to the date on which they take effect. WillNotice will attempt to contact You using your registered email address to advise of changes to these Terms where they affect your use of the Services.
  5. In order to access and use the Services, Users will need to:
    • be 18 years or older;
    • be a natural person, as registration or access via bots or other automated methods is not allowed; and
    • provide information about themselves, including (but not limited to) a full name, email address and password (‘Personal Information’) and about the organisation, including (but not limited to) the organisations name (‘Account Information’), as prompted by the Service when registering.
  6. Users agree to provide true, accurate, current and complete Personal Information and Account Information, and to maintain and promptly update their Personal Information and Account Information in order to ensure that it remains true, accurate, current and complete.
  7. Users are entitled to cancel their account with WillNotice at any time. All cancellations will result in the deactivation of the User’s account.
  8. If You cancel the Services before the end of Your current paid up period, Your cancellation will take effect immediately and You will not be charged again.
  9. Upon cancellation of Your account, Your data and content will be made inaccessible. WillNotice is not liable for any loss or damage following, or as a result of, cancellation of Your account, and it is Your responsibility to ensure that any data which You require is replicated before cancellation. WillNotice will delete all Your data on request from You and provide notification when the deletion is complete.
  10. All Services are charged in advance on a monthly basis and are non-refundable, including for partial months of Services, Service upgrades or downgrades or unused Services. WillNotice will not be held liable in any way for any lack of refunds in connection with the Services.
  11. The fees charged for the Services (‘Fees’) are subject at all times to change by WillNotice giving thirty days notice, which will be posted on the Website. WillNotice will not be liable to Users or any third party for any changes to the Fees.
  12. All Fees are exclusive of all taxes (including New Zealand GST), and the User indemnifies and holds WillNotice harmless against any claims by any tax authority for any underpayment of any tax, penalties and/or interest.
  13. Each User will be responsible for all activity that results from its use of the Services. WillNotice disclaims any and all liability in relation to each Users’ use of the Services, and will not be held accountable if a User suffers any loss or damage as a result of its use of the Services, including (but not limited to) any loss or damage resulting from:
    • any downgrade of the Services that Users may opt for through the Website; or
    • the cancellation of any User’s account.
  14. The Website and Services are provided on an “as is” and “as available” basis, and Your use of them is at your sole risk. WillNotice does not warrant that:
    • the Services will meet Your specific requirements;
    • the Services will be uninterrupted, timely, secure, or error-free;
    • the results that may be obtained from the use of the Services will be accurate or reliable;
    • the quality of any products, services, information, or other material purchased or obtained by You through the Services will meet Your expectations; or
    • any errors in the Services will be corrected.
  15. WillNotice will try to promptly address (during normal business hours) all technical issues that arise on the Website or in connection with the Services. However, WillNotice will not be liable for any loss suffered as a result of any partial or total breakdown of the Website or any technical malfunctions resulting in an inability to use the Services (either in whole or in part). You acknowledge that WillNotice may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the Services. The acts and omissions of those third party suppliers may be outside of the control of WillNotice, and WillNotice does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
  16. On behalf of itself and such third party suppliers, WillNotice excludes any other warranties that may be implied or otherwise apply under statute or otherwise under applicable law, to the maximum extent permitted by law.
  17. WillNotice shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WillNotice has been advised of the possibility of such damages), resulting from:
    • the use or the inability to use the Service;
    • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services;
    • unauthorised access to or alteration of Your transmissions or data;
    • statements or conduct of any third party regarding the Services; or
    • any other matter relating to the Services.
  18. The maximum aggregate liability to WillNotice under or in connection with these Terms shall be limited to the last amount of Fees paid to WillNotice by the relevant User.
  19. Each User indemnifies, and will keep indemnified, WillNotice against all forms of liability, actions, proceedings, demands, costs, charges and expenses which WillNotice may incur or be subject to or suffer as a result of the relevant User’s use of the Services.
  20. No User may use the Website or Services for any illegal or unauthorised purpose, or upload any information that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person, entity or organisation.
  21. Users may only access the Website and Services through the interface provided by WillNotice, and must not use the Website or Services for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other User of the Website or Services.
  22. All Users agree that WillNotice owns all of the intellectual property rights existing in the Website and Services.
  23. WillNotice claims no intellectual property rights or ownership to the information or content (‘Data’) uploaded to the Service by Users. WillNotice will not use Your Data for any other purpose except to provide You with the Service. WillNotice will not provide Your Data to any other third party without Your prior written consent.
  24. No User may publish or use the WillNotice brand, branding or logos except with prior written consent of WillNotice.
  25. Users are responsible for maintaining the security of their Password on the Service. WillNotice will not be liable for any loss or damage that may result from any failure to keep Your Password secure. WillNotice makes efforts to keep User Data secure, but will not be liable for any loss or damage that may result from any breach of security, or any unauthorised access or use of that Data.
  26. These Terms shall be governed by New Zealand law, and all Users submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.