Effective from 10 April 2024
Your use of and access to the website, products, and services (collectively, the "Services") of WiiT Pty Ltd ("WiiT", "us", "we", "our") is subject to your agreement to these terms. By using the Services, you accept these Terms (whether on your behalf or on behalf of another legal entity or organisation you represent).
WiiT came about as a result of the COVID-19 pandemic and the legislative changes that permitted important legal documents, such as wills, powers of attorneys, and affidavits, to be executed and witnessed online. Until now, the electronic execution of documents has been a cumbersome task often requiring the use of multiple platforms and technologies. WiiT simplifies this process by providing a single platform for the review, signing, and witnessing of documents through an audio-visual link.
WiiT allows host users to upload legal documents to be executed. The host user can either prepopulate documents with signing fields or give guest users control of the document during the live audio-visual session to sign and date documents. WiiT gives users the ability to review and execute a document as if in the office together whilst being in the comfort of their own homes.
It is the responsibility of the host user to verify the identity of any guest users allowed into a live audio-visual session by the host user. Whilst WiiT warrants that the user given control of the document uploaded by the host user on the Services is the person performing tasks on the document (including scrolling to peruse the document, adding text to the document, or signing, initialling or dating the document), we take no responsibility for verifying the identity of any of our users.
Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software, and may require obtaining updates or upgrades from time to time. As use of the Services involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that it is your responsibility to maintain such system requirements, which may be changed from time to time.
Host Users will be required to provide information about themselves in order to register for and use the Services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of your user name and password and agree not to disclose such to any third party.
You hereby represent and warrant to us that:
As a Host User, you agree that you are solely responsible for the content (“Content”) displayed or uploaded by you in using the Services and for compliance with all laws applicable to the Content. You represent and warrant that you have the right to upload the Content to the Services and that such use does not violate or infringe on any rights of any third party. Under no circumstances will WiiT be liable in any way for any:
Host Users are responsible for compliance with all recording laws. The Host User can choose to record WiiT Sessions. By using the Services, you are giving WiiT consent to store recordings for any or all Sessions that you join. You will receive a notification (visual or otherwise) when recording is enabled by the Host User. You should notify the Host user if you do not consent to being recorded, or you can choose to leave the Session.
Host Users are responsible for the activities of themselves and all Guest Users they invite to access or use the Services. You agree to ensure that any such Guest User will comply with these Terms. WiiT assumes no responsibility or liability for violations of the Terms.
Under no circumstances will WiiT be liable in any way for any Content viewed while using the Services, including, but not limited to, any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content.
You shall be responsible for data that you provide or use in the Services. You are solely responsible for determining the suitability of use of the Services for your business or organisation and complying with any regulations, laws, or conventions applicable to the data you provide and your use of the Services.
You warrant that collection and use of any personal information or data you provide while using the Services complies with all applicable data protection laws, rules, and regulations. You acknowledge your understanding and hereby provide your consent that we may process such personal data in accordance with the WiiT Privacy Policy (https://www.wiit.com.au/privacy).
Our “Confidential Information” means:
During and after the Term, with respect to our Confidential Information you will:
Notwithstanding any other provision of these Terms, you acknowledge that, as between you and us, all our Confidential Information you receive from us, including all copies thereof in your possession or control, in any media, is proprietary to and exclusively owned by us. Nothing in these Terms grants you any right, title or interest in or to any of our Confidential Information, except as provided in these Terms. Any incorporation of our Confidential Information into any of your own materials will not render our Confidential Information non-confidential.
The copyright for the content on this Website is owned or licensed by WiiT and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in Australia and other countries. No material on the Services may be reproduced, adapted, or uploaded to a third party without our prior written consent.
All present and future rights in and to any and all intellectual property or other proprietary rights of any type contained in the Services, including without limitation information, any improvements, design contributions, or derivative works thereto, and any knowledge or process related thereto, including rights in and to all applications and registrations relating to such intellectual property, shall, as between you and WiiT, at all times be and remain our sole and exclusive property. Any rights not expressly granted in these Terms or otherwise in writing between you and WiiT, are reserved by WiiT, and any unauthorized use of any intellectual property regarding the Services is strictly prohibited.
By using the Services, you specifically agree not to engage in any activity or transmit any information that:
Notwithstanding the foregoing, you acknowledge and understand that we will not monitor or access any document you upload or store on the Services unless expressly required to do so by law.
You acknowledge your understanding and hereby provide consent that, except as described in these Terms, the information you provide to us or that we collect will be processed and otherwise handled as described in the WiiT Privacy Policy (https://www.wiit.com.au/privacy).
Except as described in these Terms:
We may collect and use data, information, or insights generated or derived from the use of the Services ("Usage Data") for our business purposes, including industry analysis, benchmarking, analytics, marketing, and developing, training and improving the Services.
The following conditions of sale shall apply to any sale of the Services. These conditions of sale constitute a complete and exclusive statement of the agreement and understanding between you and WIIT with respect to the subject matter hereof.
WiiT reserves the right, at any time to suspend use of any of the Services due to a breach by you of any of these Terms.
The Services are only available for sale to individuals who can make legally binding contracts. The Services are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By purchasing any of the Services, you are warranting to WiiT that you can enter a legally binding contract.
WiiT provides three payment models, as follows:
You agree that WiiT may charge to your credit card or other payment mechanism selected by you and approved by WiiT. You agree that WiiT may securely store your payment details for payment by you of your use of the Services. You acknowledge that a surcharge may be applied to payments made by credit card and agree to pay such surcharge.
If you have purchased the Subscription Model of the Services, you agree to WiiT automatically renewing the term and taking payment of the monthly subscription fee from your credit card. Such automatic renewal will continue until such time as your access to the Services is terminated.
Unless stated otherwise, all prices and fees shown by WiiT are exclusive of taxes. Where applicable, taxes will be charged to you in addition to WiiT’s fees and such taxes must be paid by you at the time of purchase of the Services.
These Terms may change from time to time and you are required within reason to revisit these before utilizing the Services to ensure that you remain aware of any changes to these Terms.
The term of this agreement shall be from commencement of your use of the Services until such time as your access to the Services is terminated.
You may terminate your use of the Services at any time by ceasing further use of the Services. WiiT may terminate your use of the Services, including denying you access to the Services at our sole discretion for any reason, including for violation of these Terms.
If these Terms expire or are terminated for any reason:
The Services we supply you are provided without warranty as to being fit for purpose for your specific needs. You should ensure that the Services are suitable for your needs as use of the Services shall be at your sole risk. To the fullest extent legally possible, WiiT and its respective officers, directors, employees, members, shareholders, agents, affiliates, and licensors ("WiiT parties"):
The WIIT Parties make no warranties or representations and assume no responsibility for any:
You will not have the right to make or pass on any representation or warranty on behalf of WiiT to any third party other than those representations or warranties expressed in these terms or otherwise authorised by us in writing.
You will defend, indemnify, and hold us and the WiiT Parties harmless from any and all third-party claims, liability, damages, and costs arising from or related to, as applicable:
Notwithstanding anything to the contrary contained in these terms, neither WiiT nor the WiiT Parties will, under any circumstances, be liable to you for any direct, consequential, incidental, special, or exemplary damages arising out of or in relation to the use of the Services, including, but not limited to, goodwill, work stoppage, lost profits, or loss of business, even if apprised of the likelihood of such losses, and whether such claims are made based on contract, tort (including negligence), or any other basis.
WiiT is not liable for any loss of data due to service outage or database corruption. By opening an account with WiiT, you agree there is risk involved and agree to regularly export data stored on WiiT’s secure databases and store same in your own secure location external to the Services.
In the event that we are found to be liable, you acknowledge and agree that our total liability to you for any cause of action arising out of or related to these Terms or to your use of the Services (including, without limitation, warranty claims) will not exceed AUD$100.00. This term can be used as a bar to any claim brought or proceeding commenced against WIIT seeking a payment from WIIT of any sum in excess of AUD$100.00.
Utilising the Services constitutes a contract between you and WiiT pursuant to these Terms. This contract shall be governed by and construed in accordance with the law in effect in the State of Victoria, Australia from time to time. You agree to submit to the jurisdiction of the courts of the State of Victoria in relation to any unresolved dispute with WiiT.
Any provisions or conditions of these Terms which are deemed illegal, invalid, or otherwise unenforceable shall be severed from this agreement, and all other provisions shall continue in full force and effect. This separation ensures that the remaining provisions of the Terms remain valid and enforceable.
These Terms constitute the entire agreement between you and WiiT regarding your use of the Services, superseding any prior agreements between you and WiiT related to your use of the Services (including, but not limited to, any prior versions of the Terms).
If WiiT fails to enforce any right or provision of these Terms, this will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The Terms remain binding and enforceable even in the event of any legal proceedings.
If you have any questions about these Terms, please contact us at support@wiit.com.au.