Terms of use



The Make a Will website (Website) is owned by Epoq Legal (Pty) Ltd (ELL), company number 2016/053139/07. Our postal address in South Africa is care of Epoq Legal (Pty) Ltd, Postnet Suite #F194, Private Bag X3 Bloubergrant, Cape Town, South Africa 7443.

ELL utilises the Website as a means of introducing prospective clients to Capital Legacy Solutions (Pty) Ltd who is a Financial Services Provider (FSP Number 43826) (“The Service Provider).

Any reference to Services means, but is not limited to the financial, insurance and related fiduciary services and, or other services and products administered and distributed by the Service Provider from time to time; including policies other than a reinsurance policy(ies), as envisaged in the Long-term Insurance Act and which are administered and distributed by the Service Provider from time to time. Services shall also mean, but not limited to, the drafting of Wills and administrative functions carried out by the Service Provider.

The Service Provider is solely responsible for providing the Services.

ELL provides no advice regarding the Services. ELL is providing prospective client’s information to the Service Provider in return for a refferal fee.

ELL is in no way associated with the Service Provider and is solely a referrer of prospective clients to same.

ELL will be entitled, but not obliged, to introduce prospective clients to the Service Provider.

It will be in the Service Provider’s sole discretion which products, if any, to introduce or offer to the prospective client.

ELL indemnifies itself and holds it harmless in respect of any claim made by the prospective client against the Service Provider arising out the execution of the Service Provider’s duties, obligations and services.

By providing your infomration to us, you consent to the provision of your personal information to the Service Provider.

Our notice of ownership of intellectual property rights (Intellectual Property Rights Notice) as detailed on the Website forms a part of the Conditions. It is important that you read and understand the Conditions before you start to use the Website. You can print and keep a copy for your reference.

Reference to our, us and we on the Website is a reference to ELL.

By using the Website, you indicate that you accept the Conditions and that you agree to abide by them. If you do not agree to the Conditions, please refrain from using the Website.

Privacy Notice

We respect your privacy and permit you to control the treatment of your personal information. Please refer to the Privacy Notice on the Website for information about how we collect and deal with your personal information when you use the Website. Licence

We grant to you a non-exclusive, non-transferable, limited licence only to use the Website, and the services available on it, in accordance with the provisions set out in the Conditions. In particular, the Website, and the services available on it, are for use only in connection with your personal legal needs and those of any spouse, civil partner or cohabiting partner of yours. You may not use or exploit the Website, or any of the services available on it, for any professional or commercial purpose (including use of the Document Preparation Service to create legal forms or documents for resale). All rights not expressly granted to you in the Conditions are reserved by us and, if applicable, our licensors.

Legal capacity

You represent and warrant that you possess the legal right, capacity and ability to agree to the Conditions and use the Website in accordance with them. If you are an individual, you represent and warrant that you are at least 18 years old. If you are using the Website on behalf of an organisation, you represent and warrant that you have the ability to agree to the Conditions on behalf of such organisation and all references to you throughout the Conditions will include such organisation, jointly and severally with you personally.

Minors are not eligible to use the Website and we ask that they do not submit any personal information to us.

Website limitations

The services available on the Website provide general legal information only. They should not be understood as providing legal advice to be applied to a specific situation. We do not in any way recommend that the products and services available on the Website are suitable for you in your particular circumstances.

Reasonable efforts will be made to keep the Website available for use and functioning efficiently and reliably; however, we cannot guarantee any minimum levels regarding the performance, speed, reliability, availability, use or consistency of the Website because the Website depends on the internet, including networks, cabling, facilities and equipment that are not within our control. We will not be liable for any damage or loss suffered as a result of any interruption in the availability of the Website or reduction in performance levels.

Due to the nature of the internet and the possibility of third-party interference, the Website is not guaranteed to be free of all viruses and technical defects of any description or any forms of computer misuse. We will not be liable for any damage or loss caused by such third-party interference as a result of your use of the Website. You acknowledge that you are responsible for taking back up copies of your data and taking appropriate precautions to protect your computer systems against technical defects, viruses or computer misuse. In particular, without limitation, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

Website content

The information contained on the website (Content) is for information only and is not to be construed as advice. The content is provided without any guarantees, conditions or warranties as to its accuracy.

Although every effort is made to ensure that the content is accurate and reflects the law at the time of use, it may or may not reflect very recent events or changes in the law. We do not promise, warrant, or guarantee that the content is correct, complete, or up-to-date. We are not responsible for any errors or omissions in the information provided in the content. Further, we cannot be held responsible for any action taken or not taken by you as a result, direct or otherwise, of information contained in or accessed content. Before you act or rely on the content, you should take specific legal advice from a licensed legal practitioner.

Should you notice something that is inaccurate please contact us and we will apply a change as soon as reasonably possible.

Website use

You warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by the Conditions, and any other notices appearing on the Website.

Without limitation, you must not, directly or indirectly:

  • misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, Adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website or disable or circumvent any access control or related process or procedure established with respect to the Website;
  • scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorised computer or network trespass without the express permission of the owners of such computer systems;
  • forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Website;
  • impersonate or falsely represent your association with any person, including a representative of ours;
  • disrupt or threaten the integrity, operation or security of any website, any computer or any internet system;
  • extract, gather, collect, or store personal information about others without their express consent;
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • use the Website in any way that breaches any applicable local, national or international law or regulation, or which is in any way unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
  • use the Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

Website access arrangements and security

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Conditions, and that they comply with them.

You are responsible for the security of any information supplied via the website. You must treat such information as confidential and you must not disclose it to any third party. You agree to notify us immediately of any unauthorised use of your access information and to provide assistance to us, as requested, to stop or remedy any breach of security related to your access information.

We shall not be liable for any losses you incur as a result of someone else's use of your access information, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your access information.

You may not use a third party's access information at any time.

You agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.

Our Remedies

Without limiting any of our other rights, we may suspend, restrict or terminate your use of the Website and disable your access information without notice if, in our sole and absolute discretion, we determine or believe that you have failed to comply with any of the Conditions.

We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.

Third party websites

If there are links from the Website to other websites operated by third parties, these are provided as a convenience only and we do not guarantee you will be able to access those other websites via any link on the Website. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third-party websites or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such sites, nor do we accept any responsibility for any damage or loss you may suffer as a result of your use of any third-party websites. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party website.

You may not establish a link to this Website from any other website without our prior written consent.

Liability limitations

You indemnify and hold ELL harmless against, and acknowledges that it is not liable to yourself for any loss, damage or expense whatsoever (which shall, without limiting the generality thereof, including all legal fees on the attorney and client scale and other expenses which may be incurred by yourself in examining, perusing and or opposing legal proceedings or claims) which you may suffer or incur as a result of any Services entered into with the Service Provider.

Any claim in respect of breach of contract or for negligence or in any other way for or related to the provision of or failure to provide a Service shall be against the Service Provider.

Subject to that, the following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you, howsoever arising, in respect of:

  1. any breach of the Conditions; or
  2. your use of the Website or any software accessed through the Website;
  3. your use of the Services; or
  4. any representation, statement or tortious act or omission (including without limitation negligence) arising under or in connection with the Conditions, the Website or the Services.

Except as expressly and specifically provided in the Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Conditions. Nothing in the Conditions shall exclude or limit:

  1. liability arising from death or injury to persons caused by negligence; or
  2. liability arising as a result of fraud or gross negligence to which no limit applies; or
  3. any other liability which cannot be excluded or limited under applicable law.

We shall not be liable for:

  1. any loss resulting from the provision of any of the Services by the Service Provider
  2. any loss for which liability is disclaimed elsewhere in the Conditions;
  3. loss of profits;
  4. loss of business;
  5. depletion of goodwill or similar losses;
  6. loss of anticipated savings;
  7. loss of goods;
  8. loss of use;
  9. loss or corruption of data or information;
  10. any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

Waiver of rights and remedies

Our failure to insist upon or enforce strict performance of any provision of the Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of the Conditions. Our rights, powers and remedies in the Conditions, including without limitation the right to suspend, restrict or terminate any use of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.


If any provision of the Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.


We may at any time assign our rights or sub-contract our obligations under the Conditions, in whole or in part, without notice to you.

Force majeure

Neither of us will be responsible for a failure to fulfil our obligations under the Conditions or for delay in doing so if such failure or delay is due to circumstances beyond our reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.

Entire agreement

The Conditions, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, including but not limited to the Privacy Policy, constitute the entire agreement between us and you with respect to the matters referred to in the Conditions and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.

English language

The Conditions (and all communications) are in English.

Governing law

The Conditions shall be governed by, and will be construed in accordance with the laws of South Africa, and the South African courts shall have jurisdiction in any legal proceedings. We retain the right to bring proceedings against you for breach of the Conditions in your country of residence or any other relevant country.

Contact us

If you have any questions about the Conditions, please contact us at hello@makeawill.co.za. We are committed to providing quality services and products. However, in the event that you have a complaint in relation to services or products available from the Website, please contact us.

Your agreement

Your use of the Website or any Service on your own behalf and on behalf of any organisation on whose behalf you may act, signifies your and said organisation's consent and agreement to the Conditions.

Updated June 2019