Terms of Service

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 Memberships 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 and review your Products after the First Version is provided to you.

2.2. "First Version" means the first PDF version of the Products provided to you.

2.3. "Membership" includes Editing Membership and Storage Membership.

2.4. "Physical Print" means the physically printed Products sold by us and ordered by you on the Website.

2.5. "Privacy Policy" means the privacy policy on our Website which can be found at https://www.noblewills.com/privacy-policy/.

2.6. "Product(s)" means the will document or any other document sold by us and which are ordered by you on the Website, including the Country Specific Online Will and the Physical Print.

2.7. "Registered Account" means the account you registered on the Website.

2.8. "Service(s)" means the services provided by NobleWills in the Registered Account, and this includes the service to create, update and review the Products, and the witnessing of the Products.

2.9. "Storage Membership" means a membership service provided by NobleWills for you to store your Products in our fireproof safe at a location decided by us.

2.10. "Website" means https://www.noblewills.com/ and its subpaths and subdomains.

2.11. "Witnessing Service" means a service provided by NobleWills for the witnessing and signing of the Products.

2.12. "we", "us", and "our" means Noble Wills Limited (賢囑有限公司).

2.13. "you", "your", and "yours" means the client ordering any Products, Services and/or Memberships from us.

2.14. "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 2F, Ying Lee Mansion, 323 Hennessy Road, Wanchai, Hong Kong.

3.2. You can write to us at [email protected] or by post at the address above. Any communication or notice concerning 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 phone 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.

• 4.1.2. By registering an account with us, you agree to be bound by these terms and conditions and our Privacy Policy.

• 4.1.3. Your Registered Account is not intended for persons under the age of majority for the jurisdiction that you choose on the Website and so our Products, Services and/or Membership are not suitable for those under the age of majority.

• 4.1.4. Our Products, Services and/or Membership are only suitable for use in the jurisdiction that you choose on the Website, or as agreed. 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, unless you have contacted us and clarified the suitability of the Products, Services and/or Membership. You should not use our Products, Services and/or Membership for a jurisdiction other than the one it was intended for.

• 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, misleading or misrepresenting 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 may 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 practices 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.

• 4.1.7. Once you invite your partner to use our Services and open a Registered Account, you will both be considered as a joint client and so your information and communication may be shared and exchanged between you. Should you wish to keep your Products and Services confidential from your partner, you will need to inform us and we will split your account. Your partner will be informed of such an arrangement. All fees would then be separately charged as an individual Registered Account.

4.2. Contracting Parties

• 4.2.1. An agreement is formed when you register an account with us on the Website or when payment is made to us through a third-party marketplace.

4.3. Our Products, Services and Membership

• 4.3.1. Our Products, Services and/or Membership purchased by you through the Website or via other payment methods as agreed 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.

• 4.3.2. The review of our Products as part of our Services is not substantive, is not legal advice and should not be relied on as legal advice. We will not be responsible for identifying all errors or for ensuring the Product is fit for your own purpose(s).

• 4.3.3. The review of our Products includes the following:

• 4.3.3.1. Typographical errors, except for details that would not be reasonable for us to know if they are correct or not, such as your full name, date of birth, ID numbers or addresses.

• 4.3.3.2. Any contradictions.

• 4.3.3.3. Whether your stated wishes and instructions are clear and unambiguous.

• 4.3.4. Where the review of the Products requires any changes or further information, we will contact you directly to clarify what needs changing. You can then make further amendments to the Products and resubmit it to us for review.

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 any changes to your Products unless you order our Editing Membership. The 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 Products, you are not entitled to cancel your order unless the First Version received by you cannot be opened or is corrupted when you receive 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 Editing Membership without giving any reason. To exercise your right to cancel the Editing Membership, you can go directly to the billing section in your Registered account on our Website to cancel it.

• 4.4.6. You have the right to cancel your subscription to the Storage Membership without giving any reason. To exercise your right to cancel the Storage membership, you will need to send a request by emailing us at [email protected]. Once we are notified of your request and subject to clause 4.7.5. below, we will arrange to return your Products stored with us within 30 days of the notification to your correspondence address.

• 4.4.7. 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 or the trial period. At the end of this period, you will no longer be allowed to update or store your Products. No full or partial refunds of the subscription are permitted once you join the Membership. To reactivate your subscription for the Editing Membership, you will have to pay a re-joining fee as detailed in your Registered Account.

• 4.4.8. Any Products that you have stored with us using our Storage Membership belong to you, and as long as all outstanding Storage Membership fees are paid, you can request us to return the documents to you during office hours.

4.5. Our rights to cancel and make changes

• 4.5.1. We may change the Products, Services, Membership and/or Website:

• 4.5.1.1. to reflect changes in relevant laws and regulatory requirements; and

• 4.5.1.2. 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 Products at any time without any notification.

4.6. Providing the Products, Services and Membership

• 4.6.1. We will make the Products available as digital content to you within 2 working days of us accepting your order.

• 4.6.2. Once you enrol into our Membership, you may choose to cancel the Membership as described in clauses 4.4.5. and 4.4.6. or we may 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:

  • 4.6.4.1. deal with technical problems or make technical changes; or

  • 4.6.4.2. make updates to reflect changes in relevant laws and/or regulatory requirements.

4.7. Price and payment

• 4.7.1. The price you pay for the Products, Services and Membership is the price that is communicated to you when you make the order or shown in the invoice provided to you. You shall be entitled to use and enjoy discounts where applicable.

• 4.7.2. Full payment must be made before the Services, Products and/or Membership can be provided to you.

• 4.7.3. The price for the First Version includes 30 days of unlimited changes to your Products from the date of purchase as set out in clause 4.4.1. If you subscribe to the Editing Membership on your first purchase, the price for the Products would also include the Editing Membership for the first year. After that, we will automatically charge you an annual fee (to be indicated on the order page when you place your order) for the continued ability to use the Services.

• 4.7.4. Once you notify us that you would like to subscribe to our Storage Membership, payment will be due on the date we receive the Physical Print or the date that you subscribe to the Storage Membership. The Storage Membership is an annual fee to be charged automatically every year for the continued ability to use our storage services.

• 4.7.5. If you decide to cancel the Storage Membership, you can come to our office by appointment only and collect the Products. If you would like us to deliver the Products to you, then a delivery fee may apply.

• 4.7.6. No refund will be available if you decide not to sign or complete any of our Products.

• 4.7.7. By accessing or utilizing our Products, Services and/or Membership, including but not limited to making purchases or engaging in transactions with us, you agree to use the designated third-party payment portal specified by us for all financial transactions. This third-party payment portal is an integral part of our services, and its utilization is mandatory for completing payments and securing transactions. By proceeding with any transaction with us, you acknowledge and agree to comply with the terms and conditions set forth by the designated third-party payment portal, in addition to our terms and conditions. Any failure to adhere to this requirement may result in the inability to complete transactions or access our Products, Services and/or Membership.

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 a Registered Account using a false identity and not to maintain more than one account at the same time.

5.3. You authorise us to use, store or otherwise process your personal information (in accordance with our Privacy Policy) in order to provide the Products, Services and/or Membership to you and for marketing purposes. Please read our Privacy Policy for more information on how we store and process your personal information.

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 and confidentiality

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 you have given us consent or authority to do so or the law either requires or allows us to do so.

6.3. Please see our Privacy Policy for further information about how we may use your personal information.

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 receive 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 Products 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 endeavours 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, 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 any other institutions or associations. Any use of our Products, Services or 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 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. We will not make an assessment or certification that our Services and Products are right for you. After reading these terms and our guidance, including our questionnaire, you should satisfy yourself that our Services and Products meet your requirements and are satisfactory for your purposes and any legal requirements.

9.3. When preparing the Products we have no responsibility for verifying, investigating, advising on or checking:

• 9.3.1. your identity, those named in your Product or those who sign it;
• 9.3.2. your age;
• 9.3.3. your testamentary and/or mental capacity and of those who sign the Product. Please seek written confirmation from a doctor if you believe that your testamentary and/or mental capacity may be challenged;
• 9.3.4. whether you are or were subject to any undue influence when using the Services or signing your Products;
• 9.3.5. whether you knew, understood and approved the contents of your Products;
• 9.3.6. whether you have full knowledge of what assets you own;
• 9.3.7. whether you have considered all persons that you should reasonably expect to provide in your Will;
• 9.3.8. whether there were or might be any actual or potential third-party beneficiary(ies) who might have a claim in law against your Estate;
• 9.3.9. specialist tax advice (including inheritance tax);
• 9.3.10. your domicile status;
• 9.3.11. the storage of your signed Will, digital or physical, unless you have opted for our Storage Membership; and
• 9.3.12. any ongoing advice.

9.4. Guidance and signing 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. Furthermore, if you have opted for our video call and/or Physical Print, it is entirely your responsibility to contact us and confirm the call or delivery. We will not follow up further with the arrangements.

9.5. 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.

9.6. 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.

9.7. Our Witnessing Service is only confined to acting as witnesses for the signing of the Will, and this does not include the checking or reviewing of the Will or verifying any of the above in clauses 9.3. and 9.4.

9.8. Our Storage Membership is a service solely for the purpose of storing your Product and it is entirely your responsibility to provide us with the most up-to-date version of the Product.

9.9. 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.

9.10. We disclaim any and all liability to you for the supply and storage 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.

9.11. In no event shall we be liable to you for any loss of profits, loss of data or any indirect, special, or consequential loss.

9.12. 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.

9.13. 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.

9.14. In the event of loss, damage, or destruction of Products stored by us due to natural disasters or unforeseen events, including but not limited to fire, flood, earthquake, landslide, typhoon, and tsunami, we will promptly notify you regarding the incident. You acknowledge that we shall not be held liable for the loss or destruction of your Products. In such circumstances, you are responsible for reissuing and reproducing any necessary Products at your own expense. This includes printing, obtaining signatures, and arranging witnesses as may be required for the replacement of the Products.

10. Disclaimer of Responsibility for Third-Party Advice

10.1. NobleWills wishes to clarify that while certain individuals or agents may represent themselves as providing estate planning advice on our behalf, we are not responsible for any advice, recommendations, or services provided by such agents to you unless there is a formal agreement in place between NobleWills and the agent.

10.2. In the absence of such an agreement, the agent is not authorized to act on behalf of NobleWills, and any advice provided is solely the responsibility of the agent. Where an agreement is in place, the agent is required to act in accordance with the terms set out in that agreement. You are encouraged to verify the existence of such an agreement before relying on any advice purportedly provided on behalf of NobleWills.

11. Customer care

11.1. 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.

11.2. 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.

12. How we are regulated

12.1. Noble Wills Limited (賢囑有限公司) is an unregulated organisation but some of our advisers are themselves individually regulated.

13. Insurance

13.1. We have professional indemnity insurance in place.

14. Other important terms

14.1. Nobody apart from you (such as any beneficiary of a will) has any right under Cap 623 Contracts (Rights of Third Parties) Ordinance in Hong Kong to enforce any part of these terms and conditions. This does not include any other right or remedy that a third party may have under the law.

14.2. 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.

14.3. 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.

14.4. These terms and conditions and the Privacy Policy shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. The parties hereto submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.