TERMS OF SERVICE

Last Updated: May 6, 2016

These terms of service (the Terms) together with the Privacy Policy, the Additional Terms and the FAQ section of the Site (collectively the Agreements) set forth the legally binding terms and conditions for your use of www.legacynest.com (the Site) and any other service (such services and the Site are collectively the Services) made available by LEGACYNEST PRIVATE LIMITED (the Company). By accessing or using the Services you acknowledge that you (1) have read and agree to be bound by the Agreements and (2) agree to comply with all applicable laws and regulations. You agree that by using the Services you are at least 18 years of age and you are legally able to enter into a contract. Certain Services may be used only by users that are older than an age that is specified in the Services. You agree to use such Services only if you are older than the age specified for them. For the avoidance of doubt, the Agreements also apply to unregistered visitors of the Site.

Capitalized terms are defined in these Terms. The following meanings shall apply in the Agreements: “We”, “us”, “our” and “Company” refer to the Company and its affiliates (including directors, shareholders, officers, employees, consultants, agents, representatives and licensors). “You”, “your”, “yours”, “yourself” refer to each customer, visitor or user of the Services. You cannot access or use the Services on behalf of anyone other than yourself as an individual; you cannot access or use the services on behalf of a company, organization, or other entity.

Entire agreement

These Terms, the Privacy Policy and the Additional Terms (collectively the Agreements) constitute all the terms and conditions agreed upon between you and us in connection with the Services and supersede any prior agreements in relation to the subject matter of the Agreements.

Certain aspects of your use of the Services may be governed by terms and conditions (Additional Terms) not included in the Terms or in the Privacy Policy, but specified in the Site from time to time. Additional Terms include, without limitation: the description of the Services set out in various sections of the Site; the specific price payable to access Paid Services specified in the Pricing page of the Site; the Pulse Check Settings specified by you on the Site. To the extent that there is any irreconcilable conflict between any Additional Terms and these Terms or the Privacy Policy, the Additional Terms shall prevail.

We may revise the Agreements from time to time. The revised Agreements shall apply to the use of the Services from the date of their publication on the Site. To the extent permitted by applicable law you waive any right you may otherwise have to be notified of, or to consent to, revisions of the Agreements. If you do not agree to the revised Agreements, you must delete your User Content and stop using the Services. It is your responsibility to review the Agreements periodically.

Our Services are not legal advice

The Company is not a law firm and does not provide any legal or tax advice. Our Services are not substitutes for the advice of a lawyer and if you need legal or tax advice for your specific matter, or if your matter is too complex to be addressed by the Services, you should consult a lawyer or an accountant or tax advisor. At no time is an attorney-client relationship or any other special relationship created between you and the Company. Any information you provide us is not protected by attorney-client privilege or as work product. You are and will be representing yourself in any matter you undertake using the Services.

The Services may provide tools and materials to assist you with the preparation, execution and storage of certain documents and related information. Such documents and any other materials available through the Services, including any descriptions, information and resources are not guaranteed to be correct, complete or up-to-date and do not constitute legal advice. We do not review any document you prepare, execute and store through the Services or any information you input for accuracy or legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. Our provision of the Services to you is neither legal advice nor the practice of law, and the tools and materials provided through the Services are not customized to your particular needs.

If, prior to preparing, executing or storing any document through the Services, you believe that the Company gave you any legal or tax advice, opinion or recommendation about your legal rights, remedies, defences, options, selection of forms or strategies, you must not use such document. You are solely responsible for any document prepared, executed or stored through the use of the Services; you must read and review any such document before using it; any use of any such document is done at your own risk.

Access Data

When you sign-up for an account to use or access the Services or provide us with information in connection with a purchase or transaction, you must provide accurate, complete and current information. You will be asked to provide a user name, password and other security codes (the Access Data). You are entirely responsible for maintaining the confidentiality of your Access Data. You are solely responsible for the activity that occurs on your account. You must keep your Access Data secure and you may not use a third party's account at any time. The Company shall not be liable for any losses you incur as a result of someone else's use of your account. You may be held liable for any losses incurred by us due to someone else's use of your account.

User Content

When you use the Services you may provide us with personal information, including, without limitation, text, files, documents, contracts, photographs, images, graphics, illustrations, logos, patents, trademarks, copyrights, audio, videos, music, software, Access Data, Payment Data (the User Content).

All the User Content you provide us with must not:

  1. be untrue, false, inaccurate, deceptive, misleading, fraudulent;
  2. misrepresent your person or your affiliation with another user, person, or entity;
  3. infringe Intellectual Property Right;
  4. infringe any right of confidence, right of privacy or right under data protection legislation;
  5. constitute negligent advice or contain any negligent statement;
  6. be intended to commit a crime, or include instructions for the commission of a crime, or promote criminal activity;
  7. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  8. include malicious content such as malware, Trojan horses, or viruses, or other content that may damage anyone’s information systems or data or interfere with anyone’s access to the Services;
  9. be in contempt of any court, or in breach of any court order;
  10. be in breach of racial or religious hatred or discrimination legislation;
  11. be in breach of any contractual obligation owed to any person;
  12. be defamatory, obscene, indecent, blasphemous, threatening.

You consent to having your User Content collected, used, transferred to and processed in Singapore and the United States of America or wheresoever our data centres or those of our service providers may be located from time to time, for the purpose of providing the Services. We have implemented commercially reasonable technical and organizational measures designed to secure your User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your User Content for improper purposes. You agree that you provide your User Content to us at your own risk.

We shall not willingly disclose your User Content to any party or otherwise use, process, alter or delete your User Content for any reason other than for the purpose of providing the Services or complying with any applicable law, regulation, legal proceeding or governmental request. You remain the owner of your User Content until your account is terminated. The Services may feature the transmission of some or all of your User Content to people or organisations other than yourself, by post, electronic mail, or other media as specified in the Services from time to time. Such transmission may be triggered by certain actions or inactions of yours as specified by the Services. You agree that any such action or inaction is equivalent to your instructing us to transmit some or all of your User Content to the addresses specified by you on the Site. You understand and agree that electronic mail, post and any other transmission media that we may use from time to time to transmit your User Content are not necessarily secure and you authorise us to use them to transmit your User Content.

You are solely responsible for all User Content that you provide us with. We do not monitor or review your User Content nor do we endorse any opinion contained in any User Content.

Prohibited activities

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium; (ii) using any automated system to access the Services in a manner that sends more request messages to the our servers than a human can reasonably produce in the same period of time by using a conventional web browser (except that we grant the operators of public search engines revocable permission to use tools to copy materials from the Site’s publicly accessible web pages for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the Service’s integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein (xiii) using the Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

Right to change or stop providing the Services

We may, without prior notice and without liability to you to the extent permitted by law, change the Services, suspend the Services, stop providing the Services, or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of the Agreements, or for no reason. Upon termination of your access to the Services for any reason or no reason, you continue to be bound by these Terms. All of your User Content residing on our servers shall be permanently deleted after the termination of your access to the Services. However, we retain the right to keep anonymous data of terminated users’ activity on the Site. The Company does not provide or guarantee, and expressly disclaims, any value, monetary or otherwise, attributed to any data residing on the servers running the Services.

If you are paying recurring fees to access the Site and the Services, upon suspension or termination of your access to Paid Services any future payment will be cancelled. Any payment already collected shall be refunded on a pro-rata basis from the time of the suspension or termination unless the suspension or termination is due to your violation of any provision of the Agreements as determined by us.

Grant of a limited license and reservation of rights

The Services and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, copyrights, photographs, audio, videos, music, (the Content), and all Intellectual Property Rights related thereto, but excluding your User Content, are the exclusive property of the Company and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Content for any purpose not expressly permitted by these Terms is prohibited.

Subject to your compliance with the terms of the Agreements, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as designed. We may terminate this license at any time for any reason or no reason. We reserve all rights not expressly granted herein in the Services and the Content (as defined below).

For the purposes of the Agreements, "Intellectual Property Rights" means all patent rights, copy rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Services intended for users in Singapore

We make no representations that the Services we provide are appropriate for use in locations other than the Republic of Singapore. If you access or use the Services from other locations you are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations. The service called Create Your Will or Generate Your Will or any other similar denomination that we may use on the Site from time to time, is solely designed and intended for and directed to individuals domiciled in the Republic of Singapore.

Payments

We provide three types of Services:

  1. Free Services, which can be used without payment;
  2. One-off Payment Services, which require a one-time payment;
  3. Subscription-Based Services, which require payment of a recurring fee (monthly, annual, or any other frequency specified on the Site) via a credit or debit card, or via PayPal.

Services under b) and c) above are Paid Services and give you access to the service called Create Your Will (or Generate Your Will or any other similar denomination that we may use on the Site from time to time). From the moment you make a payment for One-off Payment Services or subscribe to Subscription-Based Services, you have five days (Cooling-off Period) to cancel your payment or subscription and request a refund. However, refunds will not be provided if you access the Create Your Will service at any time after your payment or subscription. If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must contact our customer support.

If you are paying recurring fees to access Subscription-Based Services your payment will automatically renew at the end of each subscription period, unless you cancel your subscription before the end of the current subscription period through a dedicated page on the Site. The cancellation will take effect the day after the last day of the current subscription period, and from that moment you will only be able to access Free Services.

If you are paying recurring fees to access Subscription-Based Services, upon suspension or termination of your access to the Subscription-Based Services by you or us any future payment will be cancelled. If your access is terminated by you, your access will stop immediately and any payment already collected will not be refunded. If your access is suspended or terminated by us, your access will stop immediately but any payment already collected will be refunded on a pro-rata basis from the time of the suspension or termination, unless the suspension or termination is due to your violation of any provision of the Agreements as determined by us. We may charge a fee to reactivate suspended access.

When you are paying recurring fees to access Subscription-Based Services, if any of your payments is declined your subscription may or may not be suspended or terminated. If your subscription is not suspended or terminated, payments due to access Subscription-Based Services will continue to accrue and you remain liable for any accrued and unpaid amounts.

We may change the price for the Subscription-Based Services from time to time. We will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Subscription-Based Services will take effect at the start of the next subscription period following the date of the price change. You accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Subscription-Based Services prior to the price change going into effect, through a dedicated page on the Site.

To grant you access to Paid Services we or our providers of payment and billing processing services may ask you to provide us with personal information that allows us to process your payments including, without limitation, name, date of birth, credit or debit card details, postal code (Payment Data). The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.

Indemnity and limitation of liability

Nothing in the Agreements or in your use of the Services gives rise to any third party rights whatsoever against the Company at any time.

The Agreements will continue to apply to you until terminated by either you or us. However, this indemnity and limitation of liability section and any provisions of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination. Furthermore, you agree that any and all obligations and debts of yours in our favour arising from the Agreements, and from your use of the Services, including but not limited to all obligations to indemnify the Company, constitute obligations and debts that shall form part of your estate should you die before such obligations and debts are fulfilled and repaid in full. You agree that any reference in the law or in any legal will you may execute at any time to debts, liabilities, charges or any other obligation howsoever defined shall include any and all debts and obligations of yours in our favour arising from the Agreements and from your use of the Services.

The Services may feature: (i) the deletion of your User Content following the termination of your access to the Services; (ii) the transmission of some or all of your User Content to people or organisations other than yourself, by post, electronic mail, or other media as specified in the Services from time to time. The Company will endeavour to permanently delete your User Content following the termination of your access to the Services. The Company will further endeavour to transmit only that part of your User Content that you specify in the Services as transferable to the post addresses, electronic mail addresses, or other addresses that you provide on the Site. However, you agree to indemnify and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees and costs) that: (i) arise from any transmission or deletion of your User Content, including partial, incomplete, erroneous, or failed transmission or deletion; (ii) are in any other way related to any User Content that you provided us with at any time.

The Services may provide tools and materials to assist you with the preparation, execution and storage of certain documents and related information. You agree to indemnify and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from anything included in such documents and related information, including but not limited to any errors, omissions, illegal, invalid or unlawful content therein.

You further agree to indemnify and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of the Agreements; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of any country; (v) any claim or damages that arise as a result of any of your User Content; or (vi) any other party's access and use of the Services with your Access Data.

To the maximum extent permitted by applicable law, in no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Services. Under no circumstances will the Company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your User Content.

To the maximum extent permitted by applicable law, we assume no liability or responsibility for (i) any errors, mistakes, omissions or inaccuracies of content; (ii) any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Services; (iii) any unauthorized access to or use of our servers and/or any and all of your User Content or other personal information stored therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party; (vi) any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; (vii) any User Content. In no event shall the Company be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to us for your access to the Services.

This indemnity and limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction and whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such liability.

Third-party services

The Services may contain links to third-party websites, services, offers, or other content (External Content) that are not owned or controlled by us. We do not endorse or assume any responsibility for any such External Content. If you access any External Content from the Services, you do so at your own risk, and you understand that the Agreements do not apply to your use of such External Content. You expressly relieve us from any and all liability arising from your use of any External Content. Additionally, your dealings with third-parties found on the Services, including payment and delivery of goods and services and any other terms are solely between you and such third-parties. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such third-parties.

No warranty

The Services are provided on an as-is and as-available basis. Use of the Services is at your own risk. To the maximum extent permitted by applicable law, the Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No information obtained by you from us or through the Services will create any warranty not expressly stated herein. Without limiting the foregoing, the Company does not warrant that the Services’ content is accurate, reliable or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Services is obtained at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or use of the Services.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or the Services and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Assignment

The Agreements, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by us without restriction.

Governing law, jurisdiction, and disputes

The provisions of this section shall survive termination of the Agreements.

The Services shall be deemed solely based in Singapore. Your rights and obligations, the Agreements and any disputes or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the laws of the Republic of Singapore. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and the Company that arises in whole or in part from the Services shall be resolved exclusively by a court of competent jurisdiction located in Singapore, unless submitted for mediation as set forth herein. You and the Company are each waiving the right to participate as a plaintiff or class in any purported class action or representative proceeding.

Any dispute arising out of or in connection with the Agreements must first be submitted for mediation to the Singapore Mediation Centre (SMC) in accordance with SMC’s mediation procedure in force for the time being, failing which the dispute shall be referred to and finally and conclusively resolved by the Courts of the Republic of Singapore.

Either/any party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 90 days thereof. Every party to the mediation that is not an individual person must be represented by senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached.

Nothing herein will be deemed to waive, preclude, or otherwise limit our rights, at any time, to (1) bring an individual action in a Singapore small claims tribunal, (2) pursue enforcement actions through applicable agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law.

Notifications

We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via electronic mail notice, written or hard copy notice, telephone, SMS, or through conspicuous posting of such notice on the Site, as determined by us in our sole discretion. We are not responsible for any automatic filtering you or your service providers may apply to notifications we send to you by electronic mail or any other medium.

Severability and waiver

If any provision of the Agreements is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreements, which shall remain in full force and effect.

No waiver of any term of the Agreements shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Agreements shall not constitute a waiver of such right or provision.

No Partnership or Agency

Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.