Please go through these terms and conditions before you use our services to make your will:
This is an understanding between you (hereinafter referred to as “Customer”) and OnlineWILL which is a service offered by TERENTIA CONSULTANTS PRIVATE LIMITED (hereinafter referred to as “TERENTIA”).
By clicking on I AGREE button, it implies that the customer has fully read and understood the Terms and Conditions contained herein and the Customer unconditionally agrees to be bound by the Terms and Conditions mentioned herein. If you do not agree to any condition mentioned herein, then please do not access our services. It is implied, when you use OnlineWILL services, that you have attained the age of majority as per Indian laws (18 years or above).
Description of Online Will Services
OnlineWill is an online will writing service provided by TERENTIA.
Terms and conditions:
- The Services or any of them is being provided on ‘as is’ and ‘best effort’ basis only and the same may be withdrawn without giving a prior notice and/or intimation . The Customer has an easy access to a simple yet efficient manner of preparing his own Will. We have used the services of the best professional in this field to ensure that the needs of the Customer are adequately addressed and the Customer can himself make his Will without having to personally visit an Advocate / lawyer. OnlineWILL make no representations or warranties either express or implied for the suitability of the services for a particular purpose of the client. The Customer shall not make OnlineWILL responsible for edition done by the Customer in the WILL draft provided by OnlineWILL.
- The Customer unconditionally accepts and agrees to comply with and be bound by these Terms and Conditions, as in force from time to time. OnlineWILL may, without any prior intimation to the Customer, amend/modify the whole and/or any part of the Terms and Conditions and the Customer agrees to keep himself updated of the changes and be bound by such amended/modified Terms and Conditions. Customer’s continued use of OnlineWILL services would imply that he agrees to the terms and conditions and also the amendments made to the terms and conditions from time to time.
- The OnlineWILL services provided are based on “as is” basis and OnlineWILL makes no representation or warranty either express or implied as to the correctness and suitability of the services for any particular purposes of the Customer. The OnlineWILL services provided shall not be treated as an advise or an opinion (Legal or Otherwise) of any sort.
The Customer understands that the results generated by the OnlineWILL services are based on the inputs provided by the Customer. OnlineWILL makes no representations and warranty for correctness of the output generated by the computers and also disclaims any liability, whatsoever arising out of discrepancies in the inputs provided by the Customer and the results generated by the computer.
- LIMITATION OF LIABILITY OF OnlineWILL: The parties hereby agree that the OnlineWILL shall have no liability towards the Customer, for any loss or damage that the Customer or any third party claiming under this agreement, may claim to have suffered or incurred, either directly or indirectly, by reason of this Agreement or any transaction or service contemplated by the provisions hereof, In no event shall OnlineWILL be liable for losses or delays resulting from computer malfunction, interruption of communication facilities, labour/personnel difficulties unauthorised access by third party(ies) to data or private information of any customer or other causes beyond the OnlineWILL reasonable control or for indirect, special or consequential damages. Notwithstanding anything contained in these terms and conditions, any liability, financial or otherwise claimed from OnlineWILL shall not exceed the charges/ fees (excluding service Tax) paid by the Customer to TERENTIA.
- This Agreement expressly sets forth all the duties of OnlineWILL with respect to all the matters pertinent hereto. No implied duties or obligations shall be read into these terms and conditions against the Online WILL. OnlineWILL will not be bound by the provisions of any other agreement entered into amongst the other parties except this Agreement.
- OnlineWILL may at their discretion investigate into the alleged infringement of the terms and conditions and on its discretion deicide to discontinue/ suspend/ terminate the Services. The Customer shall not have any claim whatsoever against OnlineWILL in case of such discontinuance / suspension / termination.
- Notices: Any notice, communication or letter addressed to the Customer and sent through post at the mailing address of the Customer as per the OnlineWILL’s records shall be considered as duly delivered to the Customer at the time it would be delivered in the ordinary course of post or courier. Any communication from the Customer to OnlineWILL shall be effective upon actual receipt of such communication by -OnlineWILL in a form and manner satisfactory to OnlineWILL. The Customer shall notify OnlineWILL, without delay of any change in its name, address or other particulars, filed with OnlineWILL. The Customer shall indemnify -OnlineWILL for all losses, claims, damages etc for all or any acts performed by OnlineWILL under this Clause in the event -OnlineWILL has not received such aforesaid notification of change of name/address/other particulars.
- Indemnity: In consideration of OnlineWILL providing the Services and any other facilities, the Customer hereby agrees to indemnify and save harmless and free at all times, against any and all harm, injury, costs, losses, liabilities, damages, charges, actions, legal proceedings, claims and expenses, including without limitation any costs between attorney and client, whether direct or indirect which OnlineWILL, its associates, affiliates, empanelled experts and/or any person, entity, etc acting / representing OnlineWILL [hereinafter for bervity sake collectively referred to as “agents”] may suffer or sustain or incur at any time as a consequence of or arising out of the services provided to the Customer by/ through -OnlineWILL or its agent in good faith, taking or attempting to take or refusing to take or omitting to take action on any instructions of the Customer due to any government order, law, levy, tax, embargo, moratorium, exchange restriction, action of the Customer or any beneficiary or any other third party whosoever or any other cause beyond OnlineWILL’s or its agents’ control. Without prejudice to the generality of the foregoing, the Customer shall indemnify and save, keep harmless and indemnified OnlineWILL and its agent, against any improper/ fraudulent instructions purporting to be received from the Customer.
- Fees/Charges/Refund: OnlineWILL will charge an upfront fee for the services charge the fee/service charges for any or all of the Services provided by OnlineWILL or any of its associates or affiliates, from time to time, to the Customer shall be intimated separately to the Customer. OnlineWILL reserves its discretion to revise its service fee from time to time.
Customer agrees that OnlineWILL may provide a quote of fees for services apart from OnlineWILL services and it may charge the customers for additional services and the customer shall bear all costs and expenses incurred by it in connection with any discussions, negotiations and investigations undertaken in connection with the transaction contemplated by this Agreement, including without any limitation, costs and expenses associated with retention of financial, legal, tax and other professional advisers.
To facilitate payment OnlineWILL may contract with / hire services of third parties (banks / payment gateways). The Customer understands and agrees that OnlineWILL would not provide the OnlineWILL Services until FIVE banking days after the payment, as stipulated by OnlineWILL, is fully realized into the accounts of OnlineWILL. Any dispute with regards to the payment made by the Customer and the payment realized by OnlineWILL is a dispute between the Customer and the respective bank / payment gateway/ third party and OnlineWILL shall be not be privy to such arrangement. In no case the Customer shall not hold OnlineWILL liable for such discrepancies / non-realization of payment / or any such act of these third parties.
Any form of work done or services or information provided is provided as a paid service without any refund/ liability whatsoever.
- Assignment: No rights, liabilities or obligations under this Agreement shall be assigned by any of the Parties hereto without the prior written consent of the other Parties hereto. Provided that OnlineWILL may assign all or any of its rights under this Agreement to any group, affiliate or any third party without the prior consent of any other Party. Any Person to whom rights under this Agreement are assigned shall be the service provider.
Force Majeure: OnlineWILL shall not be liable for any losses caused by its inability or delay in providing all or any services or obligations hereunder, either wholly or in part, caused by or in connection with any force majeure events including, but not limited to, restrictions on convertibility, transferability, requisitions, involuntary transfers, riot, disturbance, strikes, lock-outs, bandhs, war, civil strife, burglary, theft, dacoity, accident, technical fault including problems related to computers, accessories, software’s, printers, fax machines, internet, telephone system and such related hardware and software beyond the control of OnlineWILL, breach of trust by any authorised persons, flood, earthquake, act of God, act of any government, change in regulation or law and other allied acts of regulatory or statutory nature or if the performance of such obligation or provision of such service would result in the breach of any law, regulation or other requirement of any governmental or other authority or on account of any other restriction or requisition or other circumstances or events whatsoever beyond the control of OnlineWILL and OnlineWILL shall not be obliged to provide any service or perform any of its obligations hereunder during the period while OnlineWILL’s performance is affected by force majeure conditions. OnlineWILL shall not be responsible for any loss or damage caused to the Customer by reason of any failure to comply with the Customer instructions, when such failure is caused due to reasons beyond the control of OnlineWILL, the opinion of OnlineWILL being final in this regard.
- Governing Law: The laws of India will govern these Terms and Conditions and the same shall be subject to the exclusive jurisdiction of the courts at Mumbai
- Disclaimer: OnlineWILL has made no investigation of any sort including but not limiting to the title search, loan arrangements, lien, mortgages, encumbrances, charge, security interest, etc. on the properties so bequeathed through the OnlineWILL. OnlineWILL makes not representations or warranties of any sort either to the Customer or any third party with regards to the correctness of the information provided / to be provided by the Customer.
The Customer understands and agrees that the OnlineWILL services are online services provided by TERENTIA and that the access to OnlineWILL services can be done by using a password. The Customer shall have responsibility for safe-keeping his password. OnlineWILL shall not be made liable in any case for any misuse, theft or loss of password, destruction of data stored in the servers of OnlineWILL. OnlineWILL also disclaims its liability arising out of any misuse of client’s online account/ password by any third party such as in cases of Hacking, Theft, Denial of Services, etc.
The Customer agrees and understands that to avail OnlineWILL services, the Customer would be required to provide a valid email id and mobile number. It is the responsibility of the Customer to check his emails regularly for the correspondence by OnlineWILL. It is the responsibility of the Customer to ensure that Customer’s spam filters do not send the OnlineWILL emails to the Spam mails. OnlineWILL shall not be liable in any case for loss of emails during the transit, either due to technical failure or otherwise. OnlineWILL disclaims its liability arising out of loss of emails sent by OnlineWILL.
- Miscellaneous: The Customer unconditionally agrees that:
- The Customer shall not hold OnlineWILL liable on account of OnlineWILL acting in good faith on any instructions given by the Customer or on account of delay or inability on the part of OnlineWILL to act immediately or at all on any of the Customer’s instructions.
- All information /instructions will be recorded at / stored at /transmitted to various locations and be accessed by personnel of OnlineWILL (and its agents). The Customer hereby authorizes OnlineWILL to use the information thus stored in any proceedings before any forum and relay, transmit or provide such information to any person whosoever in accordance with applicable law. The Customer hereby authorises OnlineWILL to, at its sole discretion, tape or record such instructions and rely on the transcripts of such telephonic instructions as evidence in any proceedings. OnlineWILL may collect certain information from the customer that may be classified a personally identifiable information. This personal information collected by us may at our discretion be stored and processed in India or any other country other than India. By using OnlineWILL services, you consent to any storing of information on our servers and transfer of information outside India and that the information may be transferred to any other country outside India as OnlineWILL may deem fit. The Customer also understands that OnlineWILL may set in place a process for taking routine backups for the data so collected.
- Severability: Each of the provisions of these Terms and Conditions is severable and distinct from the others and, if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable in any respect under law, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.
- Intellectual Property Rights: The Customer also undertakes that the Customer is the owner and /or has valid authorization or has obtained necessary approvals to transmit and/or share with OnlineWILL any information and data so provided to OnlineWILL for availing the Services of OnlineWILL.
In case the Customer believes or has reason to believe that by sharing such information / data he might be violating copyright, trade secrets or any other proprietary rights of any third party, then he is prohibited to share or transmit such information/data.
OnlineWILL specifically states here that OnlineWILL will make no such investigation with regard to ascertaining the correctness of the data/ information provided by the Customer. OnlineWILLwill also make no such investigation to ascertain, whether the Customer owns or has valid authorization to share/ transmit such data/ information.
The Customer also agrees not to violate the copyright, trademark right or any other intellectual property right of wither OnlineWILL or any of the business associates of OnlineWILL.
- Term and Termination: The Customer may choose to anytime terminate OnlineWILL Services without any claim (including but not limiting to a refund).
OnlineWILL also may terminate\ suspend\ discontinue any services being offered to the Customer, if the Customer is in violation of the terms stipulated in the present Terms and Conditions. On such suspension\ discontinuance/ termination the Customer is prohibited to from further use services of OnlineWILL and the Customer shall not hold OnlineWILL liable for termination\ suspension\ discontinuance of such Services.
The obligations contained in this General Terms and Conditions or any other agreement shall be terminated on performance of OnlineWILL Services by OnlineWILL.
OnlineWILL may maintain the personal information supplied by the Customer even after termination of the said Services, in the form of backup database and OnlineWILL shall continue to maintain that backup database unless a new backup of the database is taken and the old backup is destroyed as per the policy of OnlineWILL.
- Relationship: The relationship between the OnlineWILL and Customer is that of principal to principal, and nothing in this agreement shall be taken as constituting the Customer, or any of the Customer’s representative as the staff, employee or agent of the OnlineWILL.
Customer and the OnlineWILL acknowledge that:
- Neither is the legal representative, agent, joint venture or partner of the other for any purposes;
- Neither has any right or authority to assume or create any obligations of any kind or to make any representations or warranties, whether express or implied on behalf of the other or to bind the other in any respect, except as expressly agreed upon in writing.
- All the values of your assets are as on the date of filling the OnlineWILL online form. These may however change at the time of actual execution of the will.
- All the assets covered in the OnlineWILL form are as on date of filling the OnlineWILL online form. OnlineWILL is not liable for any new additional acquisitions/selloff/liabilities of any assets which are not accounted for in the OnlineWILL form.