The parties to this agreement are Wills Database International PTY (LTD) (“WDI”) and the party whose name appears on the website: www.willsdatabase.com under registered members.
2. TERMS OF SUBSCRIPTION AGREEMENT
The terms and conditions of this agreement shall apply mutatis mutandis to each and every option as if the terms and conditions of this agreement where incorporated in such option.
3. DETAILED DESCRIPTION OF GOODS AND/OR SERVICES
WDI is a business in the financial industry that markets a central registry for Wills and other personal documents. The services applied for by the Applicant in terms of this agreement are the storage of data on a database that will only be made available to the executor on time of death of the applicant.
4. DELIVERY POLICY
Subject to receipt of payment, requests will be processed within 24 Hours and delivery confirmed by way of email.
5. DURATION
The member shall remain a subscriber of WDI indefinately once the registration fee has been recieved unless the member specificaly request to be removed.
6. COSTS
In consideration of the provision of the services under this agreement, the Applicant shall pay WDI (i) a once-off registration fee and (ii) any subscription fee as stipulated under the heading "Product and Services". WDI shall have the discretion to increase the registration fee in accordance with CPI at no more than 10% per annum. If by reason of the introduction of any law or government regulations pertaining to the subject matter which might require WDI to amend the costs, then and in such event WDI shall have the sole and unfettered right to increase the costs and the Applicant grants WDI the right to increase the costs forthwith.
7. INTELLECTUAL PROPERTY RIGHTS
The Applicant shall not during or after the expiry or termination of this agreement, without the prior written consent of the WDI or the owner as the case may be, use or adopt any trademark, trade name, or commercial designation that includes or is similar to or may be mistaken for the whole or any part of any trademark, trade name, or commercial designation used by WDI or the owner, as the case may be.
8. CUSTOMER PRIVACY POLICY
WDI shall take all reasonable steps to protect the personal information of users. For the purpose, of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php
9. PAYMENT OPTIONS ACCEPTED
Payment may be made via Visa and MasterCard credit cards or by bank transfer into the WDI bank account, the details of which will be provided on request.
10. CREDIT CARD ACQUIRING AND SECURITY
Credit card transactions will be acquired for WDI via PayGate (Pty) Ltd who are the approved payment gateway. PayGate is a licensed System Operator with the Payments Association of South Africa (PASA). PayGate is fully PCI compliant and uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
11. CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
Customer details will be stored by WDI separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
12. MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
13. RESPONSIBILITY
WDI takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
14. CONFIDENTIAL INFORMATION
The Parties acknowledges the confidentiality of all documentation stored with WDI and any discussion between the parties and WDI undertakes that, both during the currency of this agreement and thereafter, it shall not disclose such confidential information to any third party. WDI shall further ensure that such confidential information is disclosed only to employees and agents who need to be familiar with such confidential information in the course of their duties and the Applicant hereby guarantees that such employees and agents to whom the confidential information is disclosed, shall honor the confidentiality thereof. WDI may, however, disclose the confidential information in response to a valid order of court or other governmental agency or if disclosure is otherwise required by law, provided the Applicant gives WDI reasonable written notice prior to such disclosure. WDI shall not be obliged to maintain the confidentiality of any confidential information which the Applicant can prove (i) is already known to it without an obligation to maintain the same as confidential, (ii) becomes publicly known through no wrongful act of the Applicant, or (iii) is rightfully received from a third party without breach of an obligation of confidentiality owed to WDI.
15. LIABILITY
WDI shall be under no liability to the Applicant whatsoever by reason of any loss or damage sustained by the Applicant, or any third party, arising out of the use of the services. In the event of any court or other competent authority holding that liability cannot be excluded, WDI's liability to the Applicant under this agreement and howsoever arising, shall be limited to direct damages only in an amount not exceeding the total registration fee payable by the Applicant in the relevant year in respect of the supply of services in terms of this agreement, and in no event shall WDI be liable for any consequential, incidental, indirect, special or other damages whatsoever arising out of this agreement, regardless of whether such liability is based on breach of contract, delict, strict liability, breach of implied warranties, terms and conditions or otherwise.
16. INDEMNITY
The Applicant hereby indemnifies and holds WDI harmless against any and all losses, injury, damage or claim of whatsoever nature and howsoever arising from or in connection with WDI, whether or not such claims are caused by any act or omission on the part of the WDI or anyone else.
17. FORCE MAJEURE
Neither party shall be liable to the other in any way whatsoever for failure, interruption, delay or any other matters which are beyond the reasonable control of a party and which could not reasonably have been foreseen by it at the date of this agreement, in particular civil commotion.
18. TERMINATION AND EFFECTS OF TERMINATION
Should the Applicant not comply with the terms of the agreement, WDI shall be entitled, but not obliged, in its sole and absolute election and without prejudice to any rights it may have at law including the right to claim damages, to either terminate this Agreement and claim from the Applicant as all legal costs, including legal costs on the attorney-and-client scale. Upon termination of this agreement for any reason whatsoever, WDI shall delete all data in its possession and handover to the Applicant all tangible forms of the data received from the Applicant as well as any other documents supplied by the Applicant.
19. COUNTRY OF DOMICILE
This website is governed by the laws of South Africa and WDI chooses as its ‘domicilium citandi et executandi’ for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
20. VARIATION
WDI may, in its sole discretion, change this agreement or any part thereof at any time without notice.
21. COMPANY INFORMATION
This website is run by WDI based in South Africa with registration number 2001/014101/07
