DIGITAL PLATFORM TERMS
Terms of Service
1. Terms of Service
Please read these terms and conditions of use (“Terms of Service”) carefully before reading, accessing or making any use of the Site or the Services.
In accessing the Site, you will be conclusively presumed to have notice of, and you acknowledge, first, that you have read and agree to be bound by these Terms of Service, including any modifications to them from time to time, and, second, that you agree to be bound by all applicable laws and regulations.
By using the Services you represent to us that you are at least 18 years of age and you are legally able to enter into a contract.
Please do not use this website if you do not agree with the Terms of Service. The materials contained in this website are protected by applicable copyright and trademark law.
The following meanings shall apply in these Terms of Service:
“Site” refers to this web page and the other web pages owned or operated by heritance Digital.
“Services” refers to the Site and all services, self-help documents, forms and templates provided by heritance Digital, including any digital applications that may be accessed via a mobile phone or a computer.
“heritance Digital”, “heritance” “we”, “us” and “our” refer to heritance Digital Pte Ltd (UEN: 202112563E) (the owner and operator of https://www.heritance.org) and our affiliates (including directors, employees, consultants, agents and representatives).
“You” and “your” refer to each customer, visitor or user of any Services. If you access or use the Services on behalf of a company, organization, or other entity, then (a) “you” and “your” also refers to that entity, (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and (c) you agree to these Terms of Service on the entity’s behalf.
Headings are inserted for convenience and shall not affect the interpretation of these Terms of Service.
As provided below, by agreeing to these Terms of Service you agree that any dispute arising from the use of heritance Digital materials and services will be decided first by mediation, and upon such failure, through binding arbitration, in accordance with the terms and conditions provided below. In no case will disputes be decided by any court, jury trial, or class action, other than the arbitration tribunal hereby indicated in the Terms of Service, unless one of the exceptions apply.
2. Modifications to Terms of Service
We may, from time to time and at any time, update or modify these Terms of Service. If we modify these Terms of Service, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the bottom of these Terms of Service. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services. If at any time you find these Terms of Service unacceptable or if you do not agree to these Terms of Service, please do not access the Services.
3. Additional Terms and Policies
For the purpose of provision of the Services through the Apple App Store, you agree to all the terms and conditions of the Licensed Application End User License Agreement. heritance Digital does not tolerate any objectionable content and/or abusive users.
a. No Legal, Estate Planning or Financial Advice
heritance Digital is not a law firm, a trust company or a financial advisory firm, and does not provide any legal, estate planning or financial advice (“Professional Advice”). As part of our services, we offer digital solutions that allows planners and consumers to self-help, “fill in the blank” using our forms, fields and calculators. You understand and agree that our services and the provision of any form from the site does not constitute Professional Advice from heritance Digital. Our services are not substitutes for the advice of a professional, and if you need legal, estate planning or financial advice for your specific matter, or if you are in doubt as to the action that you should take, you should consult a professional.
At no time is a solicitor-client relationship or any other fiduciary or special relationship created between you and heritance Digital or any employee or other person associated with heritance Digital, and any information you provide us is not protected by solicitor-client privilege or as a work product. You are and will be representing yourself in any matter you undertake using the Services.
b. Document Materials may not be appropriate
We provide online tools and materials to assist you with the preparation, execution and storage of your own legal documents and related information. We strive to keep the documents and other materials available, including any descriptions, information and other help resources (collectively, the “Document Materials”) current and up-to-date; however, the Document Materials do not constitute legal advice and are not guaranteed to be correct, complete or up-to-date. No obligation is assumed to update the Document Materials or inform you of any changes of law or other matters coming to our knowledge which may affect the Document Materials in any respect.
We do not review the Document Materials 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. You understand that our provision of the Services to you is neither legal advice nor the practice of law, and that the Document Materials are not customised to your particular needs. As such, you understand and agree that any use of the Document Materials is done at your own risk.
Therefore, if you need legal or professional advice for your specific problem, or you are in doubt as to the action that you should take or have any query in relation to issues such as your legal rights, remedies, defences, options, selection of forms or strategies, you must not use the Document Materials and you should consult a lawyer.
c. No customisation or advice
The Services and Document Materials are and should be taken as prepared for general circulation and none was prepared with regard to the specific objectives, financial situation or particular needs of any particular person (including you) who may receive or have access to the same. Any recommendation or advice that may be expressed in or inferred from the materials available through the Site therefore does not, should not be taken as taking into account, and may not be suitable for, your objectives, financial situation and particular needs. You shall, at all times, rely on your own independent assessment and judgment in respect of any decision or proposed transaction and seek independent advice as necessary from your own financial, legal, tax or other professional advisers.
d. No responsibility for Third Party Content
heritance Digital takes no responsibility and assumes no liability for any content that you or any other user or third party posts. The Services may contain information, text, graphics, photos, videos, or other material (“Content”), including Content created or submitted to the Site by you or through your account (“Your Content”). You shall be solely responsible for Your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of Your Content.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms of Service, or if you otherwise create or are likely to create liability for us.
e. Malicious Software and Defects
We do not guarantee, represent or warrant that the Site and/or the Document Materials downloaded from the Site are free of malicious software, including, but not limited to, viruses, computer worms, Trojan horses, spyware or other harmful components. We accept no liability for any loss, damage, claim liability, expense or costs that may result from any transmission of such malicious software via the Site or the Document Materials downloaded from the Site. You are responsible for protecting against viruses and other destructive items. Your use of the Site, the Services and/or the Document Materials is at your own risk.
Due to the inherent defects of electronic distribution, there may be errors, delays, omissions, interruption, breach of security, corruption or unavailability of access in connection with or inaccuracies in the Document Materials, the Services or the Site (“Defects”). We do not guarantee, represent or warrant that access and use of our Document Materials, Services or the Site will be uninterrupted. We assume no responsibility for consequences of any Defect even if either of us had been advised as to the possibility.
For the purposes of these Terms of Service, “Intellectual Property Rights” means all patent rights, copyright 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.
Except as provided in these Terms of Service, heritance Digital retains all rights. All materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of heritance Digital. Except as explicitly provided herein, nothing in these Terms of Service 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 digital content of heritance or Document Materials on the Site for any purpose not expressly permitted by these Terms of Service is strictly prohibited. Any rights relating to the Document Materials and our Site not expressly granted herein are reserved and no licence or right is granted to you by implication, estoppel or otherwise.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation comments or ideas about how to improve the Services or our products (“Ideas”). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction, and will not place heritance Digital under any fiduciary or other obligation, and that we are free to use the Ideas without any additional compensation to you, and/or to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting your submission, heritance Digital does not waive any rights to use similar or related ideas previously known to heritance Digital, or developed by its employees, or obtained from sources other than you.
6. License to Use
Subject to the other provisions of these Terms of Service, heritance Digital grants you permission to download, view, copy and print Document Materials on any single, stand-alone computer or device solely for your personal, informational and non-commercial use. You agree that you will not download, view, copy, print, replicate or modify the Document Materials in whole or part other than authorized editing or in the course of making a document accurate or effective for your actual individual use of the document for the purpose for which that kind of document exists. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Service.
On any such termination, you agree to immediately destroy any downloaded or printed Document Materials and to cease using any Service. Any unauthorized use of any Document Material contained on the Site or available through the Services may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
7. Prohibited Activities
You agree not to engage in any of the following activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system to access the Services in a manner that sends more request messages to the heritance Digital servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that heritance Digital grants the operators of public search engines revocable permission to use spiders to copy materials from publicly accessible web pages at https://www.heritance.org 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 system 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 or harvesting 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; (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; or (xiii) attempting to gain unauthorised access to the Site, or the Services, or other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means.
8. Change of Services
We retain the right to change or stop providing the Services and features of the Services or any of them. We may, without prior notice, change the Services; stop providing the Services or features of the Services or any of them, or create usage limits for the Services. We reserve all rights to deny or restrict access to the Site to any particular person, or to block access from a particular Internet address to this Site, at any time, without having to give any reason or prior notice thereof and you agree that we bear no liability for any such action. Without prejudice to the generality of the forgoing, we may permanently or temporarily terminate or suspend your access to the Services if in our sole determination (without limitation) you violate any provision of these Terms of Service. Upon any suspension or termination, you continue to be bound by these Terms of Service. Any data, account history and account content residing on the servers running the Services may be deleted, altered, moved or transferred at any time for any reason at heritance Digital’s sole discretion, with or without notice and with no liability of any kind. heritance Digital does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on the servers running the Services.
You agree to pay us in accordance with our terms of sale. Certain aspects of the Services may be provided for a fee or other charge. You agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. heritance Digital may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. You authorize heritance Digital to charge your credit card for all fees and charges incurred in connection with your use of the Services, including heritance Digital’s fees, government fees, taxes and other third party fees.
All purchases are final and subject to our refund policy. In the event that heritance Digital suspends or terminates your account pursuant to these Terms of Service, you understand and agree that you shall receive no refund or exchange for, any unused time or service on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.
You agree to pay all charges incurred by use of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
10. Data Collection
a. Personal Data
b. Non-Personal Data
We may, or may allow third party companies we work with to, automatically collect, monitor and store certain non-personal data and information about visitors to the Site. “Non-Personal Data” means information that does not identify you as an individual. This includes, without limitation, information relating to site visitorship, our visitors’ “click path” (e.g. which pages they have viewed, the links or advertisements they have clicked on or viewed, the time spent per webpage, the search terms or categories they have entered, the website or advertisement that was linked to or from the Site) and the type of browser or operating system used to access the Site. To do this, cookies and other similar technology may be used (see below). Such information will be used to improve and enhance the Site and user experience, and/or to manage online advertising (e.g. to deliver advertisements based on user interest and to measure advertising campaign effectiveness).
You must ensure the security and integrity of your account. When you open an account to use or access certain Services or provide us with information in connection with a purchase or transaction, you must provide accurate, complete and current information. You are entirely responsible for maintaining the confidentiality of your password. You are solely responsible for the activity that occurs on your account. You must keep your account password secure and you may not use a third party’s account at any time. heritance Digital shall not be liable for any losses you incur as a result of someone else’s use or control of your account. You may be held liable for any losses incurred by heritance Digital due to someone else’s use or control of your account.
12. Third party services
13. You Indemnify Us
You agree to defend, indemnify and hold harmless heritance Digital and its agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Service, including without limitation your breach of any of the representations and warranties above; (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 Singapore or any other country; (v) any claim or damage that arises as a result of any of your user content or any user content that is submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
14. No Warranty
The Document Materials and our Services are of a general nature and they have not been verified, considered or assessed by us and are provided to you on an “as is” and “as available” basis without warranties of any kind. Use of the Document Materials and Services is therefore 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 advice or information, whether oral or written, obtained from the Site or through the Services will create any warranty not expressly stated herein. Without limiting the foregoing, heritance Digital and its associates and/or introducers do not warrant that the 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 downloaded 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 your use of the Services.
heritance Digital does not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party or any hyperlinked website or service, and heritance Digital will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
15. Limitation Of Liability
To the maximum extent permitted by applicable law, in no event shall heritance Digital, its affiliates, agents, directors, employees, suppliers or licensors 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 heritance Digital be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your account or the information contained therein. To the maximum extent permitted by applicable law, heritance Digital assumes 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 secure servers and/or any and all 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; (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; and/or (vii) any user content or the defamatory, offensive or illegal conduct of any third party.
heritance Digital explicitly disclaims any and all liability and/or responsibility for any disclosure of information that may be deemed confidential by you or any third party. In no event shall heritance Digital, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to heritance Digital hereunder. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if heritance Digital has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Services are controlled and operated from Singapore. heritance Digital makes no representations that the Services are appropriate or available for use in other jurisdiction. Those who access or use the services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in Singapore.
These Terms of Service are assignable only by heritance Digital. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by heritance Digital without restriction or notice.
18. Governing Law
You expressly agree that your rights and obligations, these Terms of Service and any disputes arising out of or in connection with the Services shall be governed by and construed in accordance with the laws of Singapore.
19. Dispute Resolution
In the event of any dispute arising out of or in connection with this Terms of Service, including disputes on its validity, conclusion, binding effect, breach, amendment, expiration and termination (the “Dispute”), a party may give notice to the other party to submit the Dispute to mediation to the Singapore Mediation Centre (“SMC”).
If the parties agree to submit such Dispute to SMC, the Parties will have 30 days from the date of submission of such Dispute to SMC to resolve such Dispute in accordance with SMC’s Mediation Procedure in force for the time being. Unless otherwise agreed by the parties, the mediator(s) will be appointed by SMC and the mediation will take place in Singapore in the English language and the parties shall be bound by any settlement agreement reached.
If the parties do not agree to submit the Dispute to SMC or the parties are unable to resolve the Dispute through mediation during the period set out in this clause 19, in such case the parties irrevocably agree to settle the Dispute through binding arbitration.
The Dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator to be appointed by the President of the SIAC in accordance with the SIAC Rules. The language of the arbitration shall be English.
20. No Tax Advice
heritance Digital does not provide tax advice of any type or for any purpose. Any information regarding taxes in any communication from heritance Digital is intended only for general education and is not to be construed or relied on as tax advice.
21. Notification procedures
heritance Digital may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by heritance Digital in our sole discretion. heritance Digital reserves the right to determine the form and means of providing notifications to our users. heritance Digital is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address that you provide us. We recommend that you add firstname.lastname@example.org to your email address book to help ensure you receive email notifications from us.
Each and every obligation under these Terms of Service shall be treated as a separate obligation and shall be severally enforceable as such in the event of any obligation or obligations being or becoming unenforceable in whole or in part. To the extent that any provision or provisions of this Terms of Service are unenforceable they shall be deemed to be deleted from these Terms of Service and any such deletion shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
23. Entire Agreement
These Terms of Service, together with any amendments and any additional agreements you may enter into with heritance Digital in connection with the Services, shall constitute the entire agreement between you and heritance Digital concerning the Services.
24. No waiver
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and heritance Digital’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
25. Third Party Rights
Other than heritance, any person who is not a party to these Terms of Service has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore to enforce any provision of these Terms of Service.