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Terms of use

General

The Website is brought to you by Make a Will (MAW), based in Cape Town South Africa.

Set out here are the terms and conditions ("the Conditions") that govern your use of the Website. Our policy relating to the capture and use of personal data ("the Privacy Policy") as detailed on the Website forms a part of these Conditions. It is important that you read and understand these Conditions before you start to use the Website. You can print and keep a copy for your reference.

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.

The Conditions (and all communications) are in English and governed by, and will be construed in accordance with the laws of South Africa and you irrevocably agree to submit to the exclusive jurisdiction of the courts of South Africa. We retain the right to bring proceedings against you for breach of the Conditions in your country of residence or any other relevant country.

Using the website

The content of the Website is provided for information only, and does not constitute advice or a recommendation to you that the products and services advertised on the Website are suitable for you in your personal circumstances.

Reasonable efforts will be made to keep the Website available for use; however access is not guaranteed to be available all the time. We will not be liable for any periodic unavailability of the Website.

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. You acknowledge that you are responsible for making back-up copies of your data and taking appropriate precautions to protect your computer systems against technical defects, viruses or computer misuse. 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.

If there are links from the Website to other websites operated by third parties, we do not guarantee you will be able to access the other website via any link on the Website. We do not guarantee the content or accuracy of any third party's website, nor do we accept any responsibility for your use of that website.

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

From time to time, we may restrict access to some parts, or all, of the Website.

We aim to update the Website regularly and may change the content at any time. Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material.

You must not 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. You must not 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. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. You must not 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. You must not 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).

Any user who commits any of the offences detailed in sections 85 to 88 of the Electronic Communications Act 25 of 2002 shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Make a Will (MAW), and its affiliates, or their agents, consultants or employees.

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 these terms, and that they comply with them.

Limitations

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 in respect of:

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

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;
  2. liability arising as a result of fraud or gross negligence to which no limit applies.

Subject to that, we disclaim all liability for any loss or damage suffered by you. In particular, but without prejudice to the generality of the foregoing, we shall not be liable for:

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

You acknowledge that these exclusions and/or limitations are reasonable having regard to the fact that the Website is freely accessible and available at no cost.

Intellectual property

All rights in the design, text, graphics and other content and materials on the Website are the copyright of Make a Will (MAW), based in Cape Town South Africa.

Other conditions

If any part of the Conditions is found to be invalid or unenforceable, then such part will be deemed replaced by a valid and enforceable provision that most closely matches the intent or the original part and the remainder of the provisions shall continue in full force and effect.

We reserve the right to change the Conditions. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

No forbearance or delay by us in enforcing any of the Conditions will prejudice the rights, powers or remedies available to us and such rights, powers or remedies will be cumulative.

We shall be able to assign the benefit of all or part of the Conditions.

Headings in these Conditions are for convenience only and shall not affect their interpretation.

We may in our sole discretion and at any time discontinue providing this Website or the programmes and other services or any part thereof, with or without notice.

Your use of the Website signifies your consent and agreement to the Conditions.

If you would like to contact us with any queries or comments please email us at hello@makeawill.co.za.


Updated April 2021