Effective Date: 27 February 2026
PART A: SERVICE TERMS
-
Definitions and Interpretation
-
-
Definitions
-
In these Terms, unless the context otherwise requires:
“Account” means the user account created to access the Platform.
“ACL” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Avatar” means the AI-powered conversational interface that collects information through the Will interview process.
“Cost Agreement” means the agreement setting out the fees, payment terms and refund policy for use of the Platform.
“Platform” means the My Will My Way online platform accessible at www.mywillmyway.com.au and via any associated mobile applications.
“Privacy Policy” means the privacy policy available at www.mywillmyway.com.au.
“Services” means the Will document generation, and related services provided through the Platform as described in clause.
“State/Territory” means an Australian State or Territory, being New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, Australian Capital Territory or Northern Territory.
“Terms” means these Terms and Conditions, as amended from time to time.
“User”, “you” or “your” means the person who creates an Account and uses the Platform.
“We”, “us” or “our” means My Law Firm Pty Ltd (ABN 60 128 788 938) trading as My Will My Way.
“Will” means the testamentary document generated by the Platform based on information you provide.
-
-
Interpretation
-
In these Terms:
- headings are for convenience only and do not affect interpretation;
- references to clauses are references to clauses in these Terms;
- words in the singular include the plural and vice versa;
- references to a person include a body corporate, unincorporated association or partnership;
- references to legislation include any amendment, replacement or re-enactment of that legislation;
- where a word or phrase is defined, other grammatical forms of that word or phrase have corresponding meanings;
- the word “includes” means “includes without limitation”; and
- no provision will be construed adversely against a party solely on the basis that the party was responsible for the preparation of these Terms.
-
Scope of Services and Supported Jurisdictions
-
-
Services Provided
-
The Platform provides an online system that:
- generates a Will based on your responses;
- collects information through an AI-powered interview process;
- provides execution guidance specific to your nominated State/Territory; and
- delivers the completed draft Will to you in digital format for download.
-
-
Supported Jurisdictions
-
At the date of these Terms, the Platform supports Will creation for individuals who:
- reside in Australia; and
- will execute their Will in Australia.
The Platform may progressively expand to support additional jurisdictions including New Zealand, the United Kingdom and Canada. Supported jurisdictions will be identified on the Platform at the time of registration.
-
-
Australian State and Territory Coverage
-
The Platform supports Will creation for all Australian States and Territories.
-
-
Complex Matters and Escalation
-
If the Avatar determines, based on your responses, that your circumstances are not suitable for completion through the Platform, the Will generation process will stop, and the matter will be escalated.
Where a matter is escalated:
- the Platform may not generate a Will;
- a lawyer from our firm will contact you as an enquiry;
- the Platform fee does not include lawyer review or legal advice; and
- no lawyer-client relationship is created unless you later accept separate engagement terms and costs disclosure.
-
-
Complexity Determination
-
Whether a matter is considered complex and requires escalation is determined at our discretion based on the information you provide during the Will interview process.
-
-
What the Platform Does Not Provide
-
The Platform does not:
- provide legal advice unless you are separately engaged by a lawyer following escalation;
- create a lawyer-client relationship unless you are separately engaged following escalation;
- review or verify the accuracy of information you provide;
- guarantee the legal validity or suitability of your Will for your circumstances;
- execute or witness your Will on your behalf;
- register or store your Will with any government registry;
- provide taxation, financial planning or estate planning advice;
- guarantee the Will will achieve your intended outcomes; or
- provide ongoing updates to your Will if legislation or your circumstances change.
-
Eligibility and Account Registration
-
-
Age and Capacity Requirements
-
To use the Platform, you must:
- be at least 18 years of age;
- have legal capacity to enter into a binding agreement;
- have testamentary capacity (being the legal and mental ability to make a Will); and
- not be using the Platform on behalf of another person.
-
-
Married Persons Under 18
-
The Platform is not available to persons under 18 years of age. If you are under 18, you must seek advice from a qualified lawyer.
-
-
Account Creation
-
To use the Platform, you must:
- create an Account by providing accurate and complete registration information;
- maintain the confidentiality of your Account credentials;
- accept these Terms and the Privacy Policy; and
- provide a valid email address for communications.
-
-
One Account Per Person
-
You may only create and maintain one Account. You must not create multiple Accounts or allow others to use your Account.
-
-
Account Information Accuracy
-
You represent and warrant that:
- all information provided during registration is true, accurate, current and complete;
- you will maintain and update this information to keep it accurate and current; and
- you are the person named in the Account.
-
State and Territory Selection
-
-
Mandatory Selection
-
During account setup, you must select the Australian State or Territory in which you reside. This selection is used to:
- include a governing law statement in your Will; and
- provide State/Territory-specific execution guidance.
-
-
Your Responsibility for Accurate Selection
-
You are solely responsible for:
- selecting the correct State or Territory;
- understanding that selecting the wrong State or Territory may affect the validity or interpretation of your Will; and
- updating your selection if you change your State or Territory of residence before executing your Will.
-
-
Execution in Different State or Territory
-
If you intend to execute your Will in a different State or Territory from the one you selected during account setup, you should seek independent legal advice to ensure your Will complies with the execution requirements of the State or Territory where it will be signed.
-
Cross-Border Assets and Multi-Jurisdictional Estates
-
-
Assets Outside Australia
-
If during the Will interview process you indicate that you hold assets outside Australia, the Avatar will stop the Will generation process and escalate your matter for lawyer contact as described in clause.
-
-
Assets in Multiple Australian States/Territories
-
If during the Will interview process you indicate that you hold assets in multiple Australian States or Territories, the Avatar will stop the Will generation process and escalate your matter for solicitor contact as described in clause.
-
-
Cross-Border Estate Planning
-
The Platform generates Wills intended for straightforward estates with assets located within Australia. It does not provide advice on conflict of laws issues, foreign succession laws, international estate planning strategies, estate or inheritance taxation, or whether multiple Wills are required for assets in different jurisdictions.
PART B: LEGAL RELATIONSHIP
-
No Legal Advice – Document Preparation Only
-
-
Not Legal Advice
-
The Services provided through the Platform constitute document preparation services only, not legal advice, unless and until you are separately engaged by a lawyer following escalation of a complex matter.
-
-
When You Should Seek Legal Advice
-
You should obtain independent legal advice from a qualified lawyer before using the Platform if you:
- have complex family circumstances, including blended families, estranged relatives, dependants with disabilities, or concerns about potential family provision claims;
- own complex assets or business interests, including business ownership, company shares, trust interests, international assets, or assets subject to existing agreements;
- have tax planning considerations, including significant superannuation balances, potential capital gains tax issues, or wish to establish trusts (testamentary, special disability, protective);
- anticipate your Will may be contested or challenged;
- have uncertainty about the legal effect of provisions you wish to include; or
- require advice about asset protection, estate planning or succession planning.
-
-
Templates Designed for General Compliance
-
The Platform uses drafting logic and templates designed to reflect the general formal requirements of Australian States and Territories at the time of generation. However:
- this does not constitute a warranty that your Will is legally correct or compliant for your specific circumstances;
- succession law may change after your Will is generated;
- the appropriateness of the Will depends on the accuracy and completeness of information you provide; and
- we do not guarantee the Will will be valid, enforceable or effective for your particular estate or family circumstances.
-
No Lawyer-Client Relationship
-
-
No Retainer Until Escalation
-
Use of the Platform and payment of the Platform fee does not create a lawyer-client relationship. If we contact you following escalation, that contact is treated as an enquiry only. A lawyer-client relationship is only formed if you later accept separate engagement terms and costs disclosure.
Communications with the Platform, including your responses to the Avatar interview, are not subject to legal professional privilege unless and until a formal solicitor–client relationship is created following escalation and your acceptance of separate engagement terms.
-
-
No Professional Duties Owed
-
Unless and until a lawyer-client relationship is established following escalation:
- we owe you no professional duties beyond providing the Platform Services as described in these Terms;
- we are not your legal advisor or legal representative;
- we have no duty to advise you about the legal consequences of your decisions or the suitability of the Will for your circumstances; and
- we have no ongoing duty to monitor changes in your circumstances or changes in legislation that may affect your Will.
-
-
Communications Not Privileged
-
Communications with the Platform and information you provide during the Will interview process are not subject to legal professional privilege unless and until a lawyer-client relationship is established following escalation.
-
User Declarations and Acknowledgments
-
-
Your Declarations
-
By using the Platform, you declare and acknowledge that:
- you meet the eligibility requirements in clause, have testamentary capacity, and are not under any duress, undue influence or incapacity;
- you understand what a Will is, are aware of the nature and extent of your property and assets, and understand who may have claims on your estate;
- you have read and understood these Terms, the Privacy Policy and the Cost Agreement;
- you understand that you are responsible for the accuracy of the information you provide and that we do not independently verify it as per clauses;
- you understand the Will must be properly executed to be legally effective; and
- you accept full responsibility for reviewing the generated Will and ensuring it reflects your intentions before execution.
-
-
Acknowledgment of Limitations
-
You acknowledge and agree that:
- the Platform cannot address every possible estate planning scenario or complication;
- your Will may not achieve your intended objectives if your circumstances are complex or unusual;
- we are not responsible for outcomes that could have been avoided with legal advice;
- succession law varies between States and Territories and may change over time; and
- you use the Platform at your own risk.
PART C: USER RESPONSIBILITIES
-
Accuracy of Information
-
-
Your Obligation to Provide Accurate Information
-
You are solely responsible for:
- providing accurate, complete and truthful information in response to all questions during the Will interview;
- ensuring all names, addresses, dates, asset descriptions and other details are correct;
- ensuring you have legal authority to dispose of the assets you include in your Will;
- correctly identifying your beneficiaries, executors, guardians and other appointed persons;
- ensuring the information you provide reflects your current circumstances; and
- updating information if your circumstances change before you execute your Will.
-
-
Consequences of Inaccurate Information
-
We are not responsible for any errors, omissions, invalidity or ineffectiveness of your Will that result from:
- inaccurate, incomplete or misleading information you provide;
- your misunderstanding of questions asked during the interview;
- your failure to disclose relevant information;
- your failure to update information after circumstances change; or
- your selection of inappropriate options or provisions.
-
-
No Verification
-
We do not verify or investigate the accuracy of information you provide, including your assets, liabilities or family circumstances, confirm the identity or contact details of persons you name, or check your responses for inconsistencies or unusual provisions.
-
Document Review Before Execution
-
-
Your Obligation to Review
-
Before executing your Will, you must:
- carefully read the entire Will document;
- ensure it accurately reflects your intentions and instructions;
- verify all names, addresses, dates and other details are correct;
- ensure all provisions make sense and achieve what you intend;
- check for any errors, omissions or ambiguities; and
- seek legal advice if you are uncertain about any provision or its legal effect.
-
-
Your Responsibility for Content
-
You are solely responsible for:
- the content and provisions of your Will;
- ensuring the Will reflects your true intentions;
- understanding the legal effect of the provisions you have chosen; and
- any consequences arising from executing a Will that does not properly reflect your circumstances or intentions.
-
-
Amendments Before Execution
-
If you identify errors or wish to make changes after the Will is generated but before execution:
- you should not handwrite changes on the Will document, as handwritten changes may invalidate your Will or create ambiguity/uncertainty;
- you should return to the Platform and generate a new Will with the corrected information; or
- you should seek legal advice about how to make amendments properly.
-
-
No Review by Lawyer
-
Unless your matter has been escalated and you have separately engaged a lawyer:
- no lawyer has reviewed your Will;
- no lawyer has provided legal advice on its appropriateness for your circumstances;
- we have not independently verified the accuracy of the information you provided (see clause); and
- the Platform has generated the Will based solely on the information you provided without independent legal review.
-
Execution and Witnessing Requirements
-
-
Will Not Valid Until Properly Executed
-
The Will generated by the Platform is a draft document only and it has no legal effect until it is properly executed (signed and witnessed) in accordance with the legal requirements of the State or Territory in which it is executed.
-
-
Execution Guidance Provided
-
The Platform will provide execution guidance specific to the State or Territory you selected during account setup, including general information about signing and witnessing requirements in that jurisdiction. This guidance is for your information only and does not constitute legal advice.
-
-
Your Responsibility for Proper Execution
-
You are solely responsible for:
- ensuring your Will is executed in accordance with all legal requirements of the State or Territory where it is signed;
- arranging appropriate witnesses who meet the legal requirements (including any requirements about age, capacity and whether a witness may benefit under the Will);
- following the execution guidance referred to in clause provided with your Will;
- ensuring all parties sign in the required manner and sequence on the correct pages;
- dating the Will correctly at the time of execution; and
- ensuring the executed Will is stored safely and can be located when required.
-
-
Remote Witnessing
-
The Platform may from time to time, describe or facilitate remote witnessing of Will execution by audio-visual link where this is permitted in the relevant State or Territory. However:
- remote witnessing is not available in all States or Territories;
- specific and often technical legal requirements apply to remote witnessing (including requirements about audio-visual platforms, identity verification, presence of counterparts and attestation clauses) and these change over time;
- you remain responsible for confirming that remote witnessing is legally permitted and valid and correctly carried out in the jurisdiction in which the Will is to be executed at time of signing; and
- we do not warrant that any remote witnessing will be accepted as valid in all circumstances or in any particular jurisdiction, and are not responsible if a court, registrar or other authority later finds that the execution did not comply with applicable law.
-
-
Witness Requirements
-
Witnessing requirements vary by jurisdiction and may change over time. You must follow the execution guidance provided for your selected State or Territory.
Typically, execution of a Will in Australia requires:
- the testator to sign the Will in the physical presence of two adult witnesses who are present together; and
- each witness signs the Will in the physical presence of the testator, and each other.
Additional or different requirements may apply depending on your jurisdiction. You are responsible for ensuring the execution method used complies with the legal requirements of your jurisdiction at the time of signing.
-
-
No Responsibility for Execution Errors
-
To the maximum extent permitted by law, we are not responsible for any partial or whole invalidity or ineffectiveness of your Will resulting from:
- failure to execute the Will in accordance with the applicable legal requirements;
- use of inappropriate, conflicted, or ineligible witnesses;
- execution of the Will in a different State or Territory from the one you selected during account set up, without obtaining appropriate legal advice;
- changes in law affecting execution requirements after your Will is generated;
- failure to follow the execution guidance provided with your Will; or
- any other errors, omissions, or irregularities in the execution or witnessing process.
-
Account Security
-
-
Confidentiality of Credentials
-
You must:
- keep your Account password and login credentials strictly confidential;
- not share your Account access with any other person;
- use a strong, unique password that is not used for other services;
- not write down or store your password in an unsecured location;
- log out of your Account after each session, particularly when using shared or public devices;
- use secure internet connections when accessing the Platform;
- keep your devices and software updated with security patches; and
- notify us immediately of suspected security breaches as described in clause.
-
-
Unauthorised Access
-
You must notify us immediately if you:
- become aware of any unauthorised access to or use of your Account;
- suspect your Account credentials have been compromised;
- notice any suspicious activity on your Account; or
- believe any other security breach has occurred.
-
-
Your Responsibility for Account Activity
-
You are responsible for all activities that occur under your Account, whether or not authorised by you, unless you can demonstrate that you took reasonable steps to prevent unauthorised access and notified us promptly upon becoming aware of it.
-
-
Account Termination for Security
-
We may suspend or terminate your Account immediately if we reasonably believe:
- your Account credentials have been compromised;
- your Account is being used for unauthorised purposes;
- there is a security risk to the Platform or other users; or
- you have breached the Account security obligations in this clause.
PART D: PLATFORM FEATURES AND LIMITATIONS
-
AI and Automation Disclosures
-
-
Use of AI Technology
-
The Platform uses artificial intelligence and automated systems to:
- conduct the Will interview through the Avatar;
- collect and process your information;
- generate your Will document based on your responses; and
- determine whether your matter should be escalated for lawyer review.
-
-
AI Limitations
-
You acknowledge and understand that:
- the Avatar operates based on algorithms and pre-programmed logic and cannot exercise human judgement, legal reasoning or provide legal advice;
- the Avatar may not understand context, nuance or unstated implications in your responses, and may not identify all legal issues or complexities in your situation; and
- the quality and appropriateness of the generated Will depend entirely on the accuracy and completeness of the information you provide, and AI systems may produce unexpected results or errors.
-
-
No Guarantee of AI Performance
-
We do not guarantee that:
- the Avatar will ask all questions relevant to your circumstances;
- the Avatar will identify all legal issues or complexities in your situation;
- the Avatar will correctly interpret your responses;
- the AI-generated Will will be appropriate for your particular circumstances; or
- the Avatar will function without errors, interruptions or limitations.
-
-
Human Oversight
-
The templates and drafting logic used by the Platform have been developed and are maintained under legal oversight. However, individual Wills generated through the Platform are not reviewed by a lawyer unless your matter is escalated as described in clause.
-
Platform Availability and Service Changes
-
-
No Guarantee of Availability
-
While we use reasonable efforts to maintain Platform availability, we do not guarantee that:
- the Platform will be available at all times or without interruption;
- the Platform will be free from errors, bugs or technical issues;
- the Platform will operate on all devices, browsers or operating systems;
- data transmission to or from the Platform will be secure or error-free; or
- any particular features or functionality will remain available.
-
-
Maintenance and Downtime
-
We may suspend access to the Platform temporarily for:
- scheduled maintenance and upgrades;
- emergency maintenance or security updates;
- technical issues or system failures; or
- legal or regulatory compliance requirements.
We will use reasonable efforts to provide advance notice of scheduled maintenance where practicable.
-
-
Changes to Services
-
We reserve the right to:
- modify, suspend or discontinue any features or functionality of the Platform;
- add or remove supported jurisdictions;
- change the scope of Services provided;
- update templates, questions or drafting logic; or
- implement new technologies or processes.
We will provide reasonable notice of material changes to the Services where practicable.
-
-
No Liability for Service Changes or Unavailability
-
We are not liable for any loss, damage or inconvenience resulting from:
- Platform unavailability, interruptions or downtime;
- changes to features, functionality or Services;
- discontinuation of the Platform or any features;
- technical errors, bugs or system failures; or
- loss of data due to system issues (subject to clause).
-
-
Data Backup
-
While we are responsible for maintaining backup systems, you are responsible for:
- downloading and saving copies of any Wills generated;
- maintaining your own records of information provided during the Will interview; and
- not relying solely on the Platform for storage of critical documents.
-
Third-Party Services
-
-
Third-Party Service Providers
-
The Platform integrates or relies on third-party services for:
- cloud hosting and infrastructure;
- payment processing;
- email and communications delivery;
- identity verification (if applicable); and
- remote witnessing services, if applicable.
-
-
Third-Party Terms Apply
-
Your use of third-party services through the Platform is subject to the third party’s own terms of service and privacy policies in addition to these Terms. We encourage you to review those third-party terms before use. Your continued use of the Platform indicates acceptance of them.
-
-
No Responsibility for Third-Party Services
-
We are not responsible for:
- the availability, performance or reliability of third-party services;
- errors, interruptions or failures of third-party services;
- data breaches, security incidents or privacy violations by third-party providers;
- changes to third-party terms, pricing or availability;
- disputes between you and third-party service providers; or
- any loss or damage caused by third-party services.
-
-
Third-Party Links
-
The Platform may contain links to third-party websites or services. We do not endorse, control or assume responsibility for any third-party content, products or services.
PART E: DATA AND PRIVACY
-
Privacy and Data Protection
-
-
Collection and Use
-
We collect, use, store and disclose your personal information to provide the Services, process payments and comply with legal obligations. Full details are set out in our Privacy Policy.
-
-
Privacy Policy Incorporated
-
Our Privacy Policy, available at www.mywillmyway.com.au/privacy forms part of these Terms. By using the Platform, you:
- acknowledge you have read and understood the Privacy Policy;
- consent to the collection, use and disclosure of your personal information as described in the Privacy Policy; and
- consent to overseas data transfers, if applicable.
-
-
Sensitive Information
-
The Platform collects sensitive personal information including:
- details about your family members and relationships;
- information about your assets and financial affairs;
- details about beneficiaries, executors and guardians; and
- potentially, information about health, disability or special circumstances of beneficiaries.
You consent to the collection and use of this information for the purposes of generating your Will.
-
-
Privacy Policy Updates
-
We may update the Privacy Policy from time to time. Continued use of the Platform after changes constitutes acceptance of the updated Privacy Policy.
-
Data Security
-
-
Our Security Measures
-
We implement reasonable technical and organisational measures to protect your personal information. Further details of our security practices are set out in the Privacy Policy.
-
-
Your Security Responsibilities
-
Your security responsibilities are set out in clause.
-
-
No Absolute Guarantee
-
While we take security seriously, no online system is completely secure. We cannot guarantee that:
- unauthorised third parties will never access your information;
- the Platform will be free from security vulnerabilities;
- data transmission will always be secure; or
- security breaches will never occur.
You use the Platform at your own risk.
-
-
Data Breach Notification
-
If we become aware of a data breach that may affect you, we will notify you in accordance with our legal obligations and the Privacy Policy.
PART F: PAYMENTS AND REFUNDS
-
Cost Agreement
-
-
Fees and Payment
-
The fees for use of the Platform, payment terms and methods are set out in the Cost Agreement, which you must accept before completing your Will generation.
-
-
Cost Agreement Incorporated
-
The Cost Agreement forms part of these Terms and is binding upon your acceptance at checkout.
-
Refund Policy
-
-
No Refund After Generation
-
Subject to your rights under the ACL, no refunds are available once your Will has been generated and made available for download.
-
-
Refund Before Generation
-
Refunds may be available if you request a refund before the Platform generates your Will document. See the Cost Agreement for full refund terms.
-
-
Australian Consumer Law
-
Nothing in these Terms or the Cost Agreement excludes, restricts or modifies any consumer guarantee, right or remedy you have under the ACL or other applicable consumer protection laws.
PART G: ACCEPTABLE USE
-
Acceptable Use
You may use the Platform only to create your own Will and must do so lawfully. You must not use the Platform on behalf of another person, for commercial purposes, or to provide legal services or advice to others.
-
Prohibited Conduct
You must not:
- attempt to gain unauthorised access to, interfere with, or disrupt the Platform or its security;
- copy, reverse engineer, modify, or misuse any part of the Platform or its content;
- transmit harmful code or collect information about other users;
- impersonate any person, provide false or misleading information, or create documents for unlawful purposes; or
- infringe our intellectual property rights or use our trademarks, logos or branding without permission.
-
Account Suspension and Termination
-
-
Our Right to Suspend or Terminate
-
We may immediately suspend or terminate your Account and access to the Platform if:
- you breach these Terms;
- you engage in prohibited conduct as described in clause;
- you provide false, misleading or fraudulent information;
- we reasonably believe your Account has been compromised;
- we are required to do so by law or court order;
- your use of the Platform poses a security risk; or
- we reasonably believe continued access would harm us, the Platform or other users.
-
-
Effect of Termination
-
Upon termination:
- your right to access and use the Platform immediately ceases;
- you will no longer be able to access your Account or any information stored in it;
- we may delete your Account and associated data in accordance with our data retention policies;
- any fees paid are non-refundable (subject to the ACL); and
- clauses that by their nature should survive termination will continue to apply.
-
-
Your Right to Close Your Account
-
You may close your Account at any time by contacting us at support@mywillmyway.com.au. Account closure does not entitle you to a refund of fees paid.
-
-
Data After Termination
-
After Account termination or closure:
- we may retain your information as required by law or for legitimate business purposes;
- we are not obliged to maintain or provide access to your data; and
- you should download any Wills or documents before requesting Account closure.
PART H: INTELLECTUAL PROPERTY
-
Intellectual Property Rights
-
-
Our Ownership
-
All intellectual property rights in the Platform, including but not limited to:
- software, code, algorithms and systems;
- the Avatar and AI technology;
- templates, forms and drafting logic;
- content, text, graphics and user interface;
- trade marks, logos and branding;
- design, layout and look and feel; and
- any improvements, modifications or derivatives,
are owned by us or our licensors and are protected by Australian and international intellectual property laws.
-
-
No Transfer of Rights
-
These Terms do not transfer any ownership rights to you. All rights not expressly granted are reserved.
-
Licence to Use Platform
-
-
Limited Licence Granted
-
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for the purpose of creating your own Will in accordance with these Terms.
-
-
Licence Restrictions
-
You must not:
- sublicense, transfer, assign or share your licence rights;
- use the Platform for any commercial purpose;
- modify, adapt or create derivative works from the Platform;
- reverse engineer or attempt to extract source code;
- remove or alter any proprietary notices; or
- use the Platform in any manner not expressly permitted by these Terms.
-
-
Licence Termination
-
This licence automatically terminates if you breach these Terms or upon termination of your Account.
-
User Content and Ownership
-
-
Your Will Document
-
The Will document generated by the Platform (including the specific content based on your personal information and instructions) is your property. You own the rights to your completed Will document.
-
-
Information You Provide
-
By providing information through the Platform, you grant us a limited licence to:
- use, store and process the information to provide the Services;
- generate your Will document;
- improve the Platform and our services (in de-identified form); and
- comply with legal obligations.
-
-
Feedback and Suggestions
-
If you provide feedback, suggestions or ideas about the Platform, we may use them without any obligation to compensate you or keep them confidential.
PART I: LIABILITY AND RISK
-
Disclaimers
-
-
Services Provided “As Is”
-
To the maximum extent permitted by law, the Platform and Services are provided “as is” and “as available” without warranties of any kind, either express or implied.
-
-
No Warranties
-
We do not warrant that the Platform will be uninterrupted, timely, secure, error-free or will meet your requirements.
-
-
No Legal Advice Warranty
-
We expressly disclaim any warranty that:
- the Services constitute legal advice;
- the Will has been reviewed by a lawyer (unless escalated);
- the Will is appropriate for your circumstances;
- the Will complies with all applicable laws; or
- use of the Platform replaces the need for independent legal advice.
-
-
Statutory Consumer Guarantees
-
Nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy you have under the ACL or other applicable consumer protection laws that cannot be excluded, restricted or modified by agreement.
-
Limitation of Liability
-
-
Exclusion of Liability
-
To the maximum extent permitted by law, we exclude all liability for any loss or damage of any kind arising from or in connection with:
- your use of or inability to use the Platform, including technical issues, interruptions or unavailability;
- any Will generated through the Platform, including errors, inaccuracies, omissions, invalidity, ineffectiveness or failure to achieve your intended objectives;
- family provision claims, Will contests, taxation consequences or estate administration issues;
- reliance on information or guidance provided through the Platform;
- unauthorised access to or alteration of your data, or third-party services or content;
- your breach of these Terms or any other matter relating to the Platform or Services.
-
-
Types of Loss Excluded
-
To the maximum extent permitted by law, we are not liable for:
- loss of profits, revenue, business or anticipated savings, data, information, business opportunity or reputation;
- indirect, consequential, special or punitive losses or damages; or
- any loss or damage arising from causes beyond our reasonable control.
-
-
Consumer Law Protection
-
Nothing in this clause excludes, restricts or modifies:
- any consumer guarantee under the ACL that cannot be excluded;
- our liability for death or personal injury caused by our negligence;
- our liability for fraud or fraudulent misrepresentation; or
- any other liability that cannot be excluded or limited by law.
-
-
ACL Liability Limitation
-
Where the ACL or other consumer protection laws imply guarantees that cannot be excluded and we breach those guarantees, our liability is limited, at our option, to:
- supplying the services again; or
- paying the cost of having the services supplied again.
-
Liability Cap
-
-
Maximum Liability
-
To the maximum extent permitted by law, our total aggregate liability to you for all claims arising from or in connection with these Terms, the Platform or the Services, whether in contract, tort (including negligence), statute or otherwise, is limited to the amount of fees you have actually paid to us in the 12 months immediately preceding the event giving rise to the liability.
-
-
Multiple Claims
-
This cap applies in aggregate to all claims, regardless of the number of claims, causes of action or bases for liability.
-
-
Consumer Law Exception
-
This limitation does not apply to liability that cannot be excluded or limited under the ACL or other applicable consumer protection laws.
-
Indemnity
-
-
Your Indemnity
-
You agree to indemnify, defend and hold harmless us, our directors, officers, employees, contractors, agents and licensors from and against all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising from or in connection with:
- your use of the Platform;
- your breach of these Terms;
- your violation of any law or rights of any third party;
- any information you provide through the Platform;
- your Will or its execution, validity or effect;
- claims by your beneficiaries, executors or estate;
- family provision claims, Will contests or estate disputes;
- your negligent or wilful misconduct;
- your infringement of intellectual property rights; or
- any claim that your use of the Platform caused damage to a third party.
-
-
Indemnity Process
-
If a claim is made:
- we will notify you promptly;
- you must cooperate with our defence of the claim;
- we may assume control of the defence and settlement; and
- you must not settle any claim without our prior written consent.
-
-
Continuing Obligation
-
This indemnity survives termination of these Terms and your use of the Platform.
PART J: DISPUTES AND LEGAL
-
Complaints and Dispute Resolution
-
-
Internal Complaints Process
-
If you have a complaint about the Platform or Services:
- contact us at support@mywillmyway.com.au with details of your complaint;
- we will acknowledge your complaint within 10 business days;
- we will investigate and respond to your complaint within 15 business days; and
- we will work with you in good faith to resolve the issue.
-
-
Escalation
-
If your complaint is not resolved to your satisfaction through our internal process, you may:
- seek assistance from your state or territory consumer protection agency;
- contact the Legal Services Commissioner or Legal Practice Board in Western Australia; or
- pursue other dispute resolution options, including mediation or court proceedings.
-
-
Obligation to Negotiate
-
Before commencing court proceedings, the parties agree to attempt to resolve any dispute through good faith negotiations for at least 30 days.
-
Governing Law (Platform Terms)
-
-
Western Australian Law
-
These Terms and Conditions (governing your use of the Platform, payment, refunds, disputes, data handling and our respective rights and obligations) are governed by the laws of Western Australia, Australia.
-
-
Jurisdiction
-
You irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia and its courts of appeal for any dispute arising from or relating to these Terms or the Platform Services.
-
-
What This Governing Law Covers
-
This governing law clause applies to:
- your contractual relationship with us for use of the Platform;
- fees, payments and refunds;
- intellectual property and licence rights;
- privacy and data protection obligations;
- liability, indemnity and dispute resolution;
- interpretation and enforcement of these Terms; and
- all other matters relating to the Platform Services contract.
-
Jurisdiction for Will Validity (User’s State/Territory)
-
-
Will Governed by User’s Jurisdiction
-
The legal validity, interpretation, construction and effect of any Will generated through the Platform is governed by the succession laws of the Australian State or Territory you selected during account setup, not by these Terms or Western Australian law.
-
-
Separate from Platform Terms
-
The validity of your Will is a separate legal matter from your contract with us for Platform Services. Disputes about:
- the validity of your Will;
- interpretation of Will provisions;
- family provision claims;
- probate applications;
- estate administration; or
- any other matter relating to the Will’s legal effect,
are governed by the succession laws of your selected State or Territory and must be resolved in the courts of that jurisdiction.
-
-
We Are Not a Party to Will Disputes
-
We are not a party to disputes about the validity, interpretation or effect of your Will. Such disputes are between you (or your estate) and other interested parties.
-
-
Governing Law Statement in Will
-
Your Will will include a statement that it is governed by the laws of the Australian State or Territory in which the testator resides. This statement is for interpretative purposes and does not override mandatory succession law provisions.
PART K: GENERAL
-
Severability
-
-
Invalid Provisions
-
If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason:
- that provision will be severed from these Terms;
- the remaining provisions will continue in full force and effect; and
- the invalid provision will be replaced with a valid provision that most closely reflects the intended economic effect.
-
-
Severability by Jurisdiction
-
If a provision is invalid or unenforceable in one jurisdiction but not another, it remains valid and enforceable in jurisdictions where it is lawful.
-
Waiver
-
-
No Implied Waiver
-
No failure or delay by us in exercising any right, power or remedy under these Terms operates as a waiver. No single or partial exercise of any right, power or remedy precludes any other or further exercise of that or any other right, power or remedy.
-
-
Waiver Must Be in Writing
-
A waiver is only effective if given in writing and signed by the party granting the waiver.
-
-
Waiver Not Continuing
-
A waiver of any breach of these Terms does not constitute a waiver of any other breach or any subsequent breach of the same provision.
-
Assignment
-
-
You May Not Assign
-
You may not assign, transfer, sub-licence or otherwise deal with any of your rights or obligations under these Terms without our prior written consent.
-
-
We May Assign
-
We may assign, transfer or otherwise deal with our rights and obligations under these Terms:
- to any related body corporate;
- in connection with a merger, acquisition, corporate reorganisation or sale of assets; or
- to any third party,
without your consent. We will provide you with reasonable notice of any such assignment.
-
-
Assignment Binding
-
These Terms bind and benefit the parties and their respective successors and permitted assigns.
-
Entire Agreement
-
-
Complete Agreement
-
These Terms, together with the Privacy Policy and Cost Agreement, constitute the entire agreement between you and us relating to your use of the Platform and supersede all prior agreements, representations, warranties and understandings, whether oral or written.
-
-
No Reliance on Other Statements
-
You acknowledge that you have not relied on any statement, representation, warranty or understanding except as expressly set out in these Terms, the Privacy Policy or the Cost Agreement.
-
-
Marketing Materials Not Binding
-
Marketing materials, website content and other promotional information are not contractual terms and do not form part of these Terms unless expressly incorporated.
-
Amendments to Terms
-
-
Right to Amend
-
We may amend these Terms at any time by posting the amended version on the Platform and revising the “Last Updated” date.
-
-
Notice of Material Changes
-
For material changes that adversely affect your rights:
- we will provide reasonable advance notice by email or prominent notice on the Platform; and
- the changes will take effect one day after notice is given.
-
-
Continued Use Constitutes Acceptance
-
Your continued use of the Platform after amended Terms take effect constitutes your acceptance of the amended Terms.
-
-
Right to Close Account
-
If you do not agree to amended Terms, your sole remedy is to close your Account before the amendments take effect. Account closure does not entitle you to a refund of fees already paid.
-
Notices
-
-
How to Contact Us
-
You may contact us by:
- Email: support@mywillmyway.com.au
- Mail: My Law Firm Pty Ltd, PO Box 1208 Fremantle WA 6959
- Phone: 1300 529 888
-
-
How We Contact You
-
We will send notices to you:
- by email to the email address associated with your Account;
- by posting notice on the Platform; or
- by mail to the address you provide in your Account.
-
-
When Notices Are Deemed Received
-
Notices are deemed received:
- if sent by email: when sent, unless we receive a delivery failure notice;
- if posted on the Platform: when posted;
- if sent by mail: five business days after posting.
-
-
Your Obligation to Maintain Current Contact Details
-
You must ensure your email address and other contact details in your Account are current and accurate. If you change your email address after executing your Will, you should update your Account so we can contact you if necessary. We are not responsible for non-receipt of notices due to incorrect or outdated contact information.
ACCEPTANCE
By ticking the acceptance box during registration, you confirm that you:
- have read and understood these Terms and Conditions;
- have read and understood the Privacy Policy;
- agree to be bound by these Terms and the Privacy Policy; and
- meet the eligibility requirements set out in clause.
DOCUMENT INFORMATION
Version: 1.0
Effective Date: 27 February 2026
Last Updated: 27 February 2026
My Law Firm Pty Ltd (ABN 60 128 788 938)
Trading as My Will My Way