Terms & Conditions

The following Terms and Conditions contain information that you must read before using this website and any services provided by Arken.legal, including the NZ Will Registry.

Introduction

Arken.legal Limited welcomes you to the NZ Will Registry.  By viewing the pages of this website, you acknowledge that you have read and accepted these Terms and Conditions ("Terms").

These Terms cover your access and use of this website and the services provided by Arken.legal Limited (referred to in these Terms as "Arken", "we", "us", "our").  Please read these Terms carefully before you use this website or the products or services provided by us ("Services").

The information provided in this website is based on information supplied by us and to us (unless otherwise specified).  While every endeavour has been made to supply accurate information, errors and omissions may occur.  Accordingly, we do not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on this website.

These Terms should be read in conjunction with our Privacy Policy.  This outlines how we collect, store, use and disclose personal information as part of our Services.

Our Services

The NZ Will Registry ("Registry") makes it easy to find an individual’s testamentary documents (wills and codicils) so their executor can locate their instructions when they pass away.

The Services allow lawyers only to register and search for the existence of Wills including other related legal documents ("Documents").  Lawyers will be able to identify the location of Documents. 

If you wish to register your Will and you are not a lawyer, please approach a lawyer.  It is free for lawyers to register Wills.

Your use of this Website and the Services

You must not use this site or its contents:

    1. in breach of any legislation or for any unlawful act; 
    2. to damage or disrupt this website; or
    3. for any illegal purpose.

You are responsible for the acts and omissions of any persons making use of your account whether authorised to do so or not.  You will promptly notify us on becoming aware of any third party using, or becoming aware of, your confidential information (for example, your user identification code or password).  You will immediately take all necessary steps to change the password associated with any account that has been compromised. 

If we become aware that you have caused any unauthorised access to, or use of, the Services, we will promptly notify you and may take steps to suspend or terminate your access to, or use of, the Services.

Where, at any time, we become aware that you are not complying with the Terms, we reserve the right to suspend or terminate your access to the Services and will notify you in the event this occurs. 

If you choose, or you are provided with, a user identification code, password or other piece of information as part of our security processes, you must treat such information as confidential and you must not disclose this to any third party.  We reserve the right to disable any user identification code or password whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with the Terms.

Access to, and use of, our Services may not be permitted by particular persons or particular countries outside of New Zealand.  You use the Services at your own risk and are responsible for the compliance with laws in your jurisdiction.

The registration of information with us is not mandatory.  For example, we cannot confirm whether a will does exist or where it is held.  We rely on information provided by third parties and we cannot guarantee the accuracy of such information. 

Searches of information held by us are made at the time the search request is submitted and are not subsequently updated.  Accordingly, only information held by us at the time of a search will be revealed and any subsequent updating of information held by us will not result in updating of any previous searches.

The use of the Services does not relieve you or any person on whose behalf a search of information as part of the Services is submitted from making enquires of persons who may reasonably be supposed to have Documents in their possession. 

Where you become aware that any information may no longer be correct, please let us know.

Submitting Information to us

In providing any information to us, whether in relation to you or a third party, you must have appropriate authorisation to disclose such information for the purposes it will be used by us (or any third parties using the Services). 

In providing such information you agree to comply with the Privacy Act 1993 and any obligations owed to any third party.

If you become aware that any information you have provided us is incorrect, you must let us know as soon as is practicably possible and, where possible, you must keep any information you use as part of the Services updated to ensure it remains accurate.

By submitting any content or information to us, you grant us an irrevocable, free of charge, non-exclusive, worldwide, perpetual license to use such content or information in the provision of the Services.

Registering as a "User"

A lawyer ("Lawyer") can register as a user without charge (this can be as a natural person or as an organisation).  

As part of registering for the Services, a Lawyer is required to confirm they hold a current practising certificate.  Our Services let a Lawyer register some personal information about their Will clients, the existence of any Documents and the location where these are held. A Lawyer can conduct searches for Wills held by other lawyers.

Delivery and Costs for using our Services

The Registry provides Lawyers registration and search facilities for New Zealand Wills. 

Lawyers only can search Will records that have been registered on our site. Search results are immediate and free.  Search results simply provide an indication that a Will may exist. Individuals are identified by their names, year of birth and possibly their city of residence.  These search results do not identify the physical location of the Will. 

Your account will only be charged if you decide to view the Will record to identify its physical location. Each view will cost 1 credit.

Messaging lawyers costs 1 credit.

The cost to use our Services are set out on this website and may change from time to time. Unless otherwise stated, these prices exclude GST and will be charged in NZD. Please refer to Fees.

Payment for Services must be made in advance by credit, debit card, direct debit or such other payment methods as we may from time to time indicate as acceptable.

When you make your first payment, you are subscribed to the Services and given a number of credits.  Should you use all your credits, you will have the option to purchase more. Remaining credits on the anniversary of your subscription will not carry over to the next subscription period.

A receipt will be issued on payment. The name that will appear on the statement will be NZ Will Registry.

Billing will automatically occur on the 12-month anniversary of your first payment. A reminder email will be sent to you as a registered Lawyer at least 14 days before payment is due.

If you want to unsubscribe, you can do so by selecting the 'Account' menu at nzwillregistry.co.nz and select 'unsubscribe' from the dropdown box.

Refunds

By purchasing credits from the NZ Will Registry, you acknowledge and accept these Terms and Conditions. If you feel you have made an error in purchasing Arken's products and services or after purchasing, you believe the service does not suit your requirements, we will fully refund any unused credits if you notify us within 30 days of purchase.

Links

Any websites linked to this website or any third party advertisements published on this website are not under our control.  We are not responsible for, and makes no representations, warranties or conditions concerning, the contents of any linked website, any link contained in a linked site or any third party advertisements.  The inclusion of links or third party advertisements does not imply endorsement, investigation or verification by us.

Intellectual Property

The copyright in the Services and Website is owned by us. If you want to use, display or distribute any content on this website, you must first obtain our written permission.

Third Party Software

In order to provide the Services or support links to other websites, it may be necessary to use particular computer equipment or to download or install certain pieces of software.  If you are unable to access all or part of the Services because it does not automatically include access to any necessary software or equipment, this will not constitute a breach of the Terms (or any other agreement you may have with Arken).  To the fullest extent permissible by law, Arken will not be liable for any loss, damage or expense which may result from your inability to access or use the Services.

Your Liability and Indemnity

You will be liable for any breach of these Terms or your misuse of the information available as part of the Services.

You remain solely liable for any material or information you submit to us as part of the Services.  In submitting information to us, you agree to indemnify and keep indemnified Arken, its directors, employees and agents from any and all claims, liabilities, damages, costs or actions, including without limitation all legal and accounting costs, arising or resulting from the information or material you submit or any violation by you of your obligations in the Terms.

Our Liability

To the fullest extent permissible at law:

    1. all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law, custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, are excluded; and
    2. we shall have no liability to you for anything (including but not limited to negligence on the part of us), other than a breach by us of an express provision of the Terms.

You acknowledge that you do not rely on any representation or statement made by or on behalf of us other than the express provisions in the Terms.

We will not be liable in relation to the following:

    1. for the withdrawal or suspension of our Services if for any reason our Services are unavailable at any time or for any period;
    2. in respect of the unavailability or malfunctioning of the Services. Due to the nature of the Internet, online systems and software, we cannot ensure that the Services will be available at all times and/or will always function effectively;
    3. where you are unable to access or use the Services for reasons related to Internet connectivity and/or telecommunications;
    4. for our failure to perform, or delay in performance of, any obligations to provide Services caused by events that are outside of our control;
    5. where any information contained on the website is incorrect.

Our Services are limited to passing on information to third parties.  Due to the fact we do not hold Documents, we exclude to the fullest extent permitted by law any liability for:

    1. any failure to find or delay in finding a Document;
    2. the delivery by a third party of any Document to an incorrect address;
    3. any loss of a Document by a third party; and/or
    4. any failure by a third party to store a Document appropriately.

As we do not generate the information used as part of the Services, and we cannot confirm the accuracy of such information, we exclude to the fullest extent permitted by law any liability for:

    1. the failure of any person or organisation to register with us any Document in that person or organisation's possession;
    2. the provision of inaccurate or incomplete information relating to any Document by any person or organisation;
    3. the failure by any person to update information or data held by us;
    4. the removal or information relating to any Document by any person or organisation who appeared to us to be entitled to remove it; and
    5. the failure of any person or organisation making a search to provide accurate or complete information.

From time to time, we may need to suspend the Services to carry out routine maintenance, repairs, reconfigurations, virus scanning or upgrades or for other circumstances beyond our control.  We will not be liable to you for any reason where this occurs. 

No party shall be liable in connection with a claim for any indirect or consequential loss or for any loss of revenue, profits, goodwill, business or anticipated business, anticipated savings or for any business interruption, loss of data, or other indirect or consequential loss or damage whether or not that loss was, or ought to have been, contemplated by the party in breach.

Termination and Suspension

The Services may be suspended or terminated where we reasonably believe you have breached a provision of the Terms.

Termination of the Services for any reason whatsoever shall be without prejudice to the accrued rights or claims of any party in relation to any act or omission of any other prior to such termination.

Notwithstanding the termination of the Services, these Terms shall continue to bind each party insofar as and so long as may be necessary to give effect to the parties' respective rights and obligations under the Terms.

Written Communications

When using the Services, you accept that communication with us will be mainly electronic. We will contact you by email to provide you with information by posting notices as part of the Services.  You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications we provide to you electronically comply with any legal requirements that such communications be in writing.

Applicable Law

These terms and conditions shall be construed, interpreted and performed exclusively according to the laws of New Zealand and you accept the non-exclusive jurisdiction of the courts of New Zealand.

Changes to the Terms

We may amend or change the Terms at any time.  By continuing to use the website after the changes have been made, you indicate you accept the changes.

Entire Agreement

The Terms constitute the entire agreement between the parties relating to the provision, access and use of the Services and supersedes and cancels any previous agreement, understanding or arrangement between the parties whether written or oral.