The following Terms of Service (Terms) constitute an agreement with eClosure whenever you use our website, www.eclosure.com.au (Website) or the services offered through the Website, including eClosure and eWishes (Services). By using the Website, you agree to accept these Terms and agree to be bound by them. If you do not want to be bound by these Terms, then you must cease using this Website immediately.
eClosure reserves the right to change the Terms at any time, without prior notice, provided that no such change will affect any transaction performed through the Website in respect of the Services (Transaction) that has already been commenced prior to the change. The most recent version of the Terms will be located on the Website.
Who can use the Services?
To use the Services, you must:
a) If you are an individual, be at least 18 years old and hold a valid email address;
b) Transactions on this Website must be listed and paid for in Australian dollars. We do not exchange currencies;
c) In relation to eWishes, you must be the person whose email address is being used for the purposes of the eWishes application; and
d) In relation to eClosure, you must be the executor or authorized representative of the deceased person, in relation to whom you are making an eClosure application.
You must not use the Services or the Website for a transaction or purpose, which is prohibited by law or relate to any of the following:
a) illegal purposes;
b) obscene materials;
c) fraudulent or otherwise non-genuine documentation or information;
d) identity fraud; or
e) fraudulently and without authorization interfering with a person’s digital information.
eClosure may at its sole discretion refuse to complete any Transaction or suspend or withdraw any Services where it has reason to believe that the Transaction or Services are being used for a purpose, which is illegal, fraudulent or otherwise breaches these Terms.
Your warranties and responsibilities
You warrant to us that all of the information and documentation that you provide to us in relation to any of the Services are genuine. You warrant that none of that information and documentation is false or in any way fabricated.
eClosure is not responsible to you, or to any third parties, for any loss or damage arising in relation to the event that false or fabricated information and documentation are provided to eClosure as part of any application for the Services. Whilst eClosure will endeavor to cross-check that information against information that is publicly available, eClosure is not required or otherwise obligated to take any further step to verify that the documentation and information are false or fabricated.
When using the Website, you are responsible for:
a) ensuing that all of the information and documentation that you provide are genuine and not false or fabricated;
b) paying any fees associated with the provision of the Services; and
c) any loss or damage suffered by you.
When using the Website, you must:
a) provide true, accurate and correct information to eClosure
b) only use the eClosure service if you are an executor of the deceased person or are otherwise authorized to act on behalf of that person; and
c) act honestly and do all things reasonably necessary to complete the Transaction according to law;
You must not:
a) use the Website to act in a defamatory, threatening or harassing manner;
b) damage, interfere with, undermine the provision of the Website and Services or undermine the security or integrity of the Website (or attempt to do those things) – including the transmission of any computer viruses, malicious code (such as Trojan horses, worms, time bombs, cancelbots), or content that is offensive or in violation of the law;
c) use any data or content that you do not have the right to use by law, including materials protected by copyright;
d) intercept or expropriate any data or personal information of eClosure or any of its users;
e) use or misuse the Website in any way which may impair the functionality of the Website or the ability of any other person to use the Website or the Services; or
f) modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any software used on the Website (or attempt to do those things).
In providing the Services, we will:
a) exercise due care and skill;
b) execute your instructions in accordance with these Terms.
We have no responsibility for:
a) any service outages that are caused by eClosure’s maintenance of this Website, failures of any service providers (including telecommunications, hosting and power providers), computer viruses, natural disasters or other destruction or damage of the Website or information held by eClosure caused by any act of nature, war, civil disturbance or any other cause beyond eClosure’s reasonable control.
b) the accuracy or content of any other website other than the Website or any actual or alleged infringement of intellectual property rights.
c) the acts or omissions of any third party and for any other circumstances that is beyond eClosure’s reasonable control.
eClosure does not warrant that the Services will meet your requirements or that these Services or the Website will be uninterrupted or error free.
Suspension and termination of Transactions and Services
eClosure may suspend or terminate any Transactions or Services at its discretion, including because of a contravention of these Terms.
Complaints and disputes
In the event that you have a complaint about Services or this Website, please contact us on firstname.lastname@example.org.
eClosure will be responsible only for any claim, demand, expense, loss, damage or liability where eClosure is at fault, has not acted in good faith or has breached its obligations under these Terms.
You agree to hold eClosure harmless from any claim, demand, expense, loss, damage or liability, including legal costs and expenses relating to the services provided by eClosure (except where eClosure has been negligent).
To the fullest extent permitted by law, eClosure’s maximum liability in respect of a Transaction will not exceed the price charged by eClosure for a Transaction.
Applications sent through for the Services on the Website are protected by the secure sockets layer (SSL) security protocol that provides data encryption, server authentication, and message integrity for connections to the internet so that data you provide to eClosure is not transmitted over the Internet unencrypted and will not be viewed by unauthorized individuals.
All content on the Website is the exclusive property of eClosure. You must not copy, imitate, modify, alter, amend or use the content of this Website without eClosure’s prior written consent.
This agreement is governed by the laws of New South Wales and the courts of New South Wales have exclusive jurisdiction in respect of any disputes in relation to the Services provided by eClosure.
eClosure’s failure to exercise or enforce any right or obligation under these Terms shall not amount to a waiver of such right or obligation unless acknowledged and agreed to by eClosure in writing.
If any part of the Terms is invalid, illegal or incapable of being enforced, all other parts of these Terms shall remain in full force and effect.
eClosure will record and retain details of your Transactions, Services, applications and any other communications for the purposes of record keeping and administration.
eClosure will use the email address that you notified it in your applications as your primary contact for any notification made to you (including to seek Instructions), including any notification, update or instruction with respect to any Transaction. It is your responsibility to confirm the veracity of any update, notification or instruction received by you from eClosure.
If you have any questions regarding the Terms, please contact us at email@example.com.