Terms of Service
Last edited: 5th Mar, 2022
1. Terms and Conditions
1.1 The following terms and conditions constitute a legally binding agreement made between you and Noble Wills Limited (賢囑有限公司) ("NobleWills") concerning your use of our Products, Services and Membership on our Website. If you think that there is a mistake in these terms and conditions or require any changes, please contact us to discuss.
2. Definitions and interpretation
2.1. "Editing Membership" means a membership service provided by NobleWills for you to have continuous access to your Registered Account to update, revise and check your Products after the First Version is provided to you.
2.2. "First Version" means the first version of the Products provided to you.
2.3. "Product(s)" means the will document or any other document sold by us and which are ordered by you.
2.4. "Membership" includes Editing Membership and Storage Membership.
2.6. "Registered Account" means the account you registered on the Website.
2.7. "Services" means the services provided by NobleWills in the Registered Account, and this includes the service to create, update and check the Products, professional review of the Products, and the storage and witnessing of the Products.
2.8. "Storage Membership" means a membership service provided by NobleWills for you to store your Products in our fireproof safe.
2.9. "Website" means https://www.noblewills.com/.
2.10. "we", "us", "our" means Noble Wills Limited (賢囑有限公司).
2.11. "you", "your", "yours" means the client ordering any Products, Services and/or Membership from us.
2.12. "Writing" includes emails. When we use the words "writing" or "written" in these terms and conditions, this includes emails.
3. Information about us and how to contact us
3.1. NobleWills is a trading name for Noble Wills Limited (賢囑有限公司), a company registered in Hong Kong under company registration number 3025211 located at Unit 2202, 22/F, Causeway Bay Plaza 1, 489 Hennessy Road, Causeway Bay, Hong Kong.
3.2. You can write to us at [email protected] or by post at the address above. Any communication or notice in relation to these terms and conditions may be made by NobleWills or on behalf of NobleWills via any email address of the domain https://www.noblewills.com/ (namely, 'name or function @noblewills.com) as well as by other means such as post. However the use of such an email address should not be relied upon as evidence that the communication has been sent by NobleWills.
3.3. Our contact method to you would be by either telephone or writing to your email address or by post relying on the contact details you provide to us in your Registered Account.
4. Products, Services and Membership ordered from the Website
4.1. Registration as a member
4.1.1. Please check that the Products, Services and/or Membership we offer are suitable for your use before you order from our Website. It is important that you read through the various pages on our Website before you order our Products, Services and/or Membership .
4.1.3. Your Registered Account is not intended for persons under the age of 18 and so our Products, Services and/or Membership is not suitable for those under the age of 18.
4.1.4. Our Products, Services and/or Membership are only suitable for use in the jurisdiction that you choose on the Website. As of the date of this terms and conditions, the jurisdictions that we offer are Hong Kong, Singapore and the United States of America. The Products, Services and/or Membership may not be suitable for you if your long term home is not in the jurisdiction that you choose on the Website. You should not use our Products, Services and/or Membership for a jurisdiction other than the one it was intended for. For the avoidance of doubt all Documents and Services are provided in the English language.
4.1.5. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of registration and are not false or misleading or misrepresent your identity. Where requested, you must provide us with valid and complete contact details including your ID number, date of birth, a valid email address and a valid residential address.
4.1.6. When registering with us you will be required to provide an email address and password. You must ensure that you keep these details secure and do not provide this information to a third party. You agree to adhere to best practice in maintaining security as a user and in particular to selecting and confidentially storing passwords which adhere to best practice. We will not be liable for any unauthorised access by a third party using your email address and password.
4.2. Contracting Parties
- 4.2.1. An agreement is formed when we accept your order of our Products, Services and/or Membership on our Website and payment is made.
4.3. Our Products and Services
- 4.3.1. Our Products, Services and/or Membership purchased by you or through the Website are intended for your use only and you warrant that any Products, Services and/or Membership ordered and purchased by you are not for resale and that you are acting as principal only and not as agent for another party. We shall not be liable for the Products, Services and/or Membership to any third party.
4.4. Your rights to make changes and cancellations
4.4.1. You can make unlimited changes to the set fields provided in your Registered Account for 30 days from the date of purchase of the Products. After that, you will not be able to make unlimited changes to your Products unless you order our Editing Membership. The unlimited changes are only restricted to the set fields provided in your Registered Account. and you are not permitted to change or alter the main text on the Products.
4.4.2. Due to the bespoke nature of the Product, you are not entitled to cancel your order unless the First Version received by you cannot be opened or is corrupted when you try to download our Products.
4.4.3. In the event that you would like to cancel your order due to the above reason, reimbursement of the price will be undertaken within 30 days from the date you notify us that the Products cannot be opened or are corrupt.
4.4.4. All replacements for faulty or damaged Products will be undertaken within 14 days from the date you notify us that the Products cannot be opened or are corrupted.
4.4.5. You have the right to cancel your subscription to the Membership without giving any reason. To exercise your right to cancel the Membership you must notify us online through the billing section in your Registered Account on our Website. Once we receive a notification of your decision to cancel your Membership, we will communicate to you an acknowledgment of receipt of such cancellation by email as soon as reasonably practicable.
4.4.6. If you cancel your Membership you will be allowed to continue to update and/or store your Products for the remainder of the period you have paid for. At the end of this period you will no longer be allowed to update or store your Products. In order to reactivate your subscription you will have to pay a re-joining fee, as detailed on our Website.
-. 4.4.7. Any documents that you have stored with us using our Storage Membership belongs to you, and as long as all outstanding membership fees are paid by you, you can request us to return the documents to you during office hours.
4.5. Our rights to make changes
4.5.1. We may change the Products, Services, Membership and/or Website:
22.214.171.124. to reflect changes in relevant laws and regulatory requirements; and
126.96.36.199. to implement technical adjustments and improvements.
4.5.2. We may cancel or suspend your access to our Products, Services and/or Membership if we consider that you have breached any of these terms and conditions.
4.5.3. We reserve the right in all cases, at our complete discretion, to decline to offer you the Products, Services and/or Membership. If we do so decline, we will notify you of our decision and reimburse you the full price.
4.5.4. We may change the storage location of your documents at anytime without any notification.
4.6. Providing the Products, Services and Membership
4.6.1. We will make the Products available as digital content for download by you within 2 working days of us accepting your order.
4.6.2. Once you enroll into our Membership, you may choose to cancel the Membership as described in clause 4.4.5. or we cancel the Membership as described in clause 4.5.2.
4.6.3. If our supply of the Product is delayed by an event outside our control then we will contact you as soon as reasonably practicable to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of a substantial delay you may contact us to end the contract and receive a refund for any Products you have paid but not received.
4.6.4. We may have to suspend the supply of the Products, Services and Membership to:
188.8.131.52. deal with technical problems or make technical changes; or
184.108.40.206. make updates to reflect changes in relevant laws and/or regulatory requirements.
4.7. Price and payment
4.7.1. The price of the Products, Services and Membership will be the price displayed on the Website and indicated on the order page when you place the order. You shall be entitled to use discount vouchers where applicable.
4.7.2. The total price for Products, Services and Membership ordered, including any relevant charges, will be displayed on the Website when you place your order and on the order page. Full payment must be made before the Services and/or Membership can be provided or Products can be downloaded by you.
4.7.3. The price for your First Version includes 30 days unlimited changes to your Products from the date of purchase of the Products as set out in clause 4.4.1. If you also opt for the Editing Membership on your first purchase, the price for the Products would also include the Editing Membership for one year. After the first year, we will automatically charge you an annual fee (to be indicated on the order page when you placed your order) for the continued ability to use the Services.
4.7.4. The price of the Storage Membership will be charged automatically charged every year.
4.7.5. No refund will be available if you decide not to sign or complete any of our Products.
5. Your data
5.1. Where we have requested data from you for your Registered Account, you agree to provide us with accurate and complete information.
5.2. You agree that you have not created an Account using a false identity and not to maintain more than one account at the same time.
5.4. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the event of a breach in our secure computer servers or those of third parties.
5.5. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data which you provide when accessing or ordering from the Website.
5.6. You agree to notify us immediately of any unauthorised use of your username and password or any other breach of security of your Registered Account.
6. How we may use your personal information
6.1. We will use your personal information for our Products, Services and/or Membership and to process payment.
6.2. We will only give your personal information to third parties where the law either requires or allows us to do so.
7. Intellectual property rights
7.1. Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights of the Hong Kong Special Administrative Region and other foreign jurisdictions, and international conventions.
7.2. The Content and the Marks are provided on the Website "AS IS" for your information and personal use only. Except as expressly provided in these terms and conditions, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
7.3. You are granted a non-exclusive, non-transferable licence by us to use the Content of our Website and to print pages from the Website. If you order and pay for Products through the Website you will be granted permission to enable you to create and download your Products. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.
7.4. You retain all of the intellectual property rights in your data. You grant us a perpetual, irrevocable, transferable, worldwide, royalty free and unlimited licence to use, modify, keep, share, save, copy, and utilise, your data for the purpose of providing the Products, Services and/or Membership to you and as set out in clause 5.
7.5. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Products or the Content or Marks of our Website in any way; (ii) modify or make derivative works based upon our Service and Website; (iii) embed Products as an "iframe" or "frame" from within another application; or (iv) reverse engineer or access the Website, the Services or Productss in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to us, or (c) copy any ideas, features, functions or graphics of the Website. When using the Website you shall not: (i) send any correspondence that has not been suitably scanned for any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Website or the data contained therein, or our Website, servers or networks; (iii) attempt to gain unauthorised access to secure pages of the Website or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.
8. Our website
8.1. The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.
8.2. We use our best endeavors to ensure that the information available on the website is correct and accurate however the information is provided on an "as is" and "as available basis" and may become out of date over time.
8.3. The legal information we provide on the website does not constitute the provision of legal advice and we do not guarantee that this is correct, complete or up to date. The information contained on the website is general information and should not be construed as legal advice to be applied to any specific factual situation.
8.4. We aim to have the site available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all product descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.
8.5. You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.
8.6. There may be a number of links on our Website to third party websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.
9. Disclaimer and limitation of liability
9.1. NobleWills is not a law firm and is not registered or regulated by the Law Society of Hong Kong or the Law Society of Singapore or American Bar Association. Any use of our Products, Services or the Website does not create or constitute a lawyer-client relationship between NobleWills or any employee of or other person associated with NobleWills and you. It is for you to satisfy yourself that the nature of the Services that we offer and the Products provided to you meet with your requirements and are satisfactory for your purposes and any legal requirements. We cannot accept any responsibility to you if the Products, Services and/or Membership you purchased from us are not legally correct for your situation.
9.2. When preparing Products we have no responsibility and will accept no liability for verifying:
9.2.1. your identity;
9.2.2. your testamentary and/or mental capacity;
9.2.3. whether you are or were subject to any undue influence when using the Services or signing your Products;
9.2.4. whether you knew, understood and approved the contents of your Products;
9.2.5. whether you have full knowledge of what assets you own;
9.2.6. whether you have considered all persons that you should reasonably expect to provide in your Will; and
9.2.7. whether there were or might be any actual or potential third party beneficiary(ies) who might have a claim in law against your Estate.
9.3. Guidance notes are provided to assist you with the execution of your Products in accordance with the laws of the jurisdiction in which it has been prepared for use. It is entirely your responsibility to follow such notes and to ensure that the Product is validly executed and we shall have no liability for your failure to properly execute your Products. A failure to do so will result in invalid and unenforceable Products. We shall have no liability for the guidance notes or for the enforceability of any Products.
9.4. Future changes to the law may mean that your Products become out of date or obsolete and we cannot guarantee that the Products you produce will remain up to date, complete and accurate. It is not our responsibility to notify you of changes in the law or the impact of these changes on your Products and we shall bear no liability for this. The responsibility for future reviews of the terms of your Products rests with you.
9.5. We do not review the data you provide to create or generate Products for the purpose of checking for legal accuracy, correctness, suitability or completeness other than where you have specifically requested this service and paid any fee due for this service. Where you have generated and produced Products online we cannot accept responsibility for the appropriateness of the Products or that it will be suitable for your particular situation.
9.6. Our Services of witnessing the Products are only confined to acting as witnesses for the signing of the Will, and this does not include the checking, revising or reviewing of the Will or to verify any of the above in clause 9.2.
9.7. Our Products, Services and/or Membership are only suitable for use in the jurisdiction that you choose on the Website. As of the date of this terms and conditions, the jurisdictions that we offer are Hong Kong and Singapore. The Products, Services and/or Membership are not suitable for you if your long term home is not in the jurisdiction that you choose on the Website. You should not use our Products, Services and/or Membership in a jurisdiction other than the one it was intended for.
9.8. We accept no liability and offer no warranty whatsoever for Products which are made available to you to download from the Website free of charge.
9.9. We disclaim any and all liability to you for the supply of the Products, Services and Membership to the fullest extent permissible under applicable law. This does not affect your rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Products, Services and Membership.
9.10. In no event shall we be liable to you for any loss of profits, loss of data or any indirect, special, or consequential loss.
9.11. The limitation of liability set out above does not apply to personal injury or death arising as a direct result of our negligence or any other liability which cannot be excluded or limited under applicable law.
9.12. We only supply the Products, Services and Membership for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10. Customer care
10.1. We strive to provide quality Services and Products and hope you will be pleased with the work we do for you. We constantly seek to improve our service and we monitor our service standards.
10.2. If you are unhappy with any of the services that we offer through our Website, you can contact us via the details mentioned in clause 3.
11. How we are regulated
11.1. Noble Wills Limited (賢囑有限公司) is an unregulated organisation but some of our advisers are themselves individually regulated.
12. Other important terms
12.1. Any contract made for the Products, Services and Membership is between you and us. No other person shall have any rights to enforce any of its terms. It is not intended that any of the undertakings and obligations set out in these terms and conditions shall be for the benefit of and capable of being enforced by any third party by virtue of the Cap 623 Contracts (Rights of Third Parties) Ordinance in Hong Kong and Cap 623 Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore.
12.2. Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
12.3. No delay or failure on our part to enforce our rights or remedies under these terms and conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.