This website at www.addendovault.com (Site) includes functions where you can browse, select and purchase services advertised on the Site from Addendo Pty Ltd (ACN 642 415 209) (Addendo, us or we).
When these terms and conditions say you or your, we mean both you and your personal legal representatives, successors, and assigns and any executor of your estate or beneficiary (as the case may be) upon your death.
Other defined terms in these terms and conditions are expressed in bold.
Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
Your access to and use of the Site, including your order of services through the Site, is subject to these terms and conditions.
We are not a professional services firm of any sort, and we are not in the business of giving any kind of professional advice. We may provide you with information we think might be useful, but this should not be seen as a substitute for professional advice. We aren’t liable for your use of our information. We are not lawyers, and we are not giving any legal advice. We are not giving you advice about the wishes that you include in your vault. If it is important to you that any of your wishes or similar are binding and enforceable on other people, then you should seek proper professional advice about how to do that.
Setting up a vault is not a will or any other legally binding document. Unlike a legally enforceable will. The information, directions, and requests that you include in your vault are not enforceable and do not need to be followed by your key holders. Your key holders can decide which (if any) or your requests or directions to follow. We do suggest that you speak to a lawyer about a will or other binding document. The information contained on the Site is provided in good faith on an "as is" basis. We do not represent or warrant the reliability, accuracy, or completeness of the information contained on the Site.
To the extent permitted by law, you agree that we have no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential, or economic), regardless of cause, whether in negligence (including in tort), equity, under statute or otherwise, which may be the direct or indirect result of any errors in, or omissions from, the information on or accessed through the Site. However, we will endeavor to correct any inaccuracies on the Site once we become aware of them.
Our website may contain links to third-party websites including the networks of our valued affiliate service providers and/or advertisers, and we may process your payments via a third-party payment processing service. If you follow a link to any of these websites or use these third-party services, note that they have their own policies that you may be subject to.
Our services include of all the services we provide now or in the future.
When you create an account to use our services and accept these terms, you become a Vault Holder. If you’re the vault holder, you’re the one responsible for paying for your fees (if applicable).
A Key Holder is a person other than the vault holder who has been invited to use our services through an account (free or paid). If you’re a key holder, you must also accept these terms to use our services as if you are a vault holder. You can upgrade your account to a paid account at any time if you wish. If you are a key holder that only has access to a vault on the death of a vault holder, then you will need to provide us with evidence, to our satisfaction, of that death. Evidence will include, but not be limited to, a formal death certificate of the vault holder issued by a relevant authority. Whilst we will do our best to review evidence of death before opening a vault to a key holder, we do not undertake any external or third-party verification process to ensure that information provided to us is correct or legitimate. For that reason, it is very important that you select your keyholders carefully.
As a vault holder inviting others into a vault, you should understand the permissions you’re granting to key holders. If you’d like to read more about user roles and levels of access: check out this information.
Whether you’re a vault holder or a key holder, we grant you the right to use our services (based on your account type, your user role, and the level of access you’ve been granted) until the account is terminated, or – if you’re a key holder – until your access is revoked.
As a vault holder, you take responsibility for fully controlling how your vault is managed and who can access it. For example:
You promise that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate, and complete information. You’re also responsible for protecting your username and password from getting stolen or misused.
We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
By creating an account, you are warranting to us that you are over the age of 18. Accounts for account owners under the age of 18 are not permitted.
In order to access and use certain features of our services, you may need to sign up for, open and maintain an account with us (as a vault holder or a keyholder). You cannot transfer your account to any other person, or permit anyone to access your account with your email and password.
You agree at all times to: (i) provide accurate, current, and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access the services via your username or password to any third person.
You agree that the information that you provide to us is accurate, complete, current and that it does not contain a misrepresentation, and if you take the steps to disclose any of your personal information, then it is entirely at your discretion.
You agree not to (i) impersonate another person by using their name, e-mail address, phone number, or other personally identifiable information, or (ii) use an e-mail address for which you do not have the proper authorization.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
When you sign up, you can opt for a free vault with limited features, or vaults with additional features. Our offerings and prices are explained in more detail here.
Your use of our services may require you to pay a fee based on your account type (the fee). You agree to pay the fee when you sign up for our services and our fees are non-refundable (even if you delete your vault down the track). Most of our services will not be available without payment of a fee.
When you enter or upload your data into our services, we don’t own that data but you grant us a license to use, copy, transmit, store, analyze, and back up all data you submit to us through our services, including personal data belonging to yourself and others, to enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your account, and send you information we think may be of interest to you based on your marketing preferences.
You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorized individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.
We may introduce security features to make your account more secure, such as two-step authentication. We may require you to use additional security measures. Where we make the use of security features optional, you're responsible (meaning we’re not liable) for any consequences of not using those features.
If you believe that there has been any unauthorized use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately.
The security of your personal information is important to us. Accordingly, we take reasonable steps to protect your personal information from misuse, loss, and unauthorized access, modification, and disclosure.
However, we cannot guarantee the absolute security of that information, or that our systems will be completely free from third-party interception or are incorruptible from viruses. We cannot and do not guarantee that information you send from your computer to us over the Internet will be protected by any form of encryption (encoding software).
In light of this, we cannot and do not ensure or warrant the security or privacy of your personal information, including payment and bank account details. You transmit your personal information to us at your own risk.
On occasion, we need to perform maintenance on our services, and this may require a period of downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.
Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data entered into our services.
Whatever the cause of any downtime, access issues, or data loss, your only recourse is to discontinue using our services.
We will release new updates, modifications, and enhancements to our services, and in some cases discontinued features. Where this occurs, we’ll endeavor to notify you where practical (for example, by email, on our blog, or within our services when you log in).
You can easily terminate your account and delete your Vault with one week’s written notice. If you violate these terms, we may terminate your account immediately. You will not be entitled to a refund of any fee in the case of a termination of an account (by us or you) for any reason.
We may also terminate or suspend your account or access to all or any data immediately if:
Once an account is terminated by you or us, your vault is deleted and the data submitted or created by you is no longer available to you.
You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
Our services and all third-party products are made available to you on an “as is” basis. Subject to the exclusion below we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence), or otherwise, is limited as follows:
Please contact our support team in case of any concern. If we’re unable to resolve your complaint, you and we agree to resolve those disputes through binding arbitration or small-claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
We aren’t liable to you for any failure or delay in the performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
Any notice you send to us must be sent to email@example.com. Any notices we send to you will be sent to the email address you’ve provided us through your account.
We may use your feedback without restriction.
We provide a lot of guidance and support to help you use our services. You agree to use our services only for lawful purposes and in line with the instructions and guidance we provide. Some of our services may be subject to limits.
Occasionally we may offer a service at no charge – for example, a beta service, or a time-limited trial account. Because of the nature of these services, you use them at your own risk.
In some places, there may be non-excludable warranties, guarantees, or other rights provided by law (non-excludable guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable guarantee says otherwise).
The terms of the United Nations Convention on Contracts for the Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these terms.
Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other vault holder or key holder. You’re solely responsible for resolving disputes between you and any other vault holder or key holder. We may assign these terms - or any of our rights or obligations in these terms - to another entity as we deem appropriate.
We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted on our website. By continuing to use the Vault after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.
Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
These terms and conditions are governed by the laws of Victoria. Addendo and you submit to the non-exclusive jurisdiction of the courts of that place.