These Terms and Conditions (“the Terms and Conditions”) together with the Disclaimers and
Privacy Notice govern your (“the User/you/your”) use of the Digital Will system. By accessing and
using the Digital Will system, you agree to be bound by the Terms and Conditions set out in this
legal notice together with the Privacy Notice. If you do not wish to be bound by these Terms and
Conditions and the Privacy Notice, you may not use, access, display, use, download, and/or otherwise
copy or distribute content obtained on the Digital Will system.
These Terms and Conditions become effective when you access the Digital Will System for the first time.
The current version of these Terms and Conditions as contained on the Digital Will System governs our
respective rights and obligations each time you access this Digital Will system.
A certificate signed by the administrator responsible for maintaining this Digital Will
system will be prima facie proof of the date of publication and content of the current version.
On each login to the Digital Will system, you will be asked to reconfirm your acceptance of the current
version of the Terms and Conditions.
REGISTRATION AND USE OF PASSWORD
The Provider utilises each Users unique identity number (‘the identity number”) in order to
access and use certain features or functions of the Digital Will system when logging into the
Digital Will system a unique pin will be provided via email and/or an sms to your personal email
and/or mobile number linked to your profile.
The Digital Will system is only made available for Users over the age of 18 years.
Your identity number is personal to you and you may not allow any others to use your identity
number under any circumstances. We are not liable for any harm caused or related to the theft or
misappropriation of your identity number, disclosure of your identity number, or your
authorization of anyone else to use your identity number. You agree to notify us immediately if
you become aware of or believe there is or may have been any unauthorized use of (or activity
using) your identity number or any other need to deactivate your identity number due to security
UNIQUE PINS ARE ISSUED ON A PERSONAL BASIS AND DISTRIBUTED VIA EMAIL/SMS TO YOU ON REQUEST TO
GAIN ACCESS TO THE SYSTEM. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR
RECEIVED FROM ANYONE PRESENTING YOUR PIN NUMBER ON THE DIGITAL WILL SYSTEM WILL BE DEEMED
BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken
via your pin, whether or not made with your knowledge or authority and you hereby indemnify
Digital Will against any damages, whether incidental, direct, indirect, special or
consequential damages and including without limitation, lost revenues or lost profits
arising from or in connection with your pin number being presented on the Digital Will
system without your knowledge or authority. You agree to guard your pin carefully, with the
full awareness that a failure to keep it secure will enable others to engage in transactions
through the Digital Will system for which you will be legally responsible.
- You expressly give consent, by becoming a registered User of the Digital Will system that any
and all information posted by you and collected and stored on your behalf on the Digital Will
system for purposes of utilising the products and services offered on and through the Digital
Will system and as set out in the Privacy Notice is posted, collected and stored with your
express consent. Under no circumstances shall the Provider or any of its affiliates, respective
partners, officers, directors, employees, subsidiaries, sponsors or agents be held liable for
any damages, whether incidental, direct, indirect, special or consequential damages and
including without limitation, lost revenues or lost profits arising from or in connection with
the posting, collection and storage of your personal information on the Digital Will system
whether incurred by you or any other third party.
USE OF AND RENEWAL/UPDATE OF THE SERVICES
The Services are those services as defined at clause 9.3 below.
In order to utilise the Services as defined, the User is required to:
update on the System annually by accessing the Digital Will website and updating your
Snapshot (as defined in clause 9.3).
ensure that at all stages the email address and contact details of the User remain
correct and updated and the User has provided Digital Will with notice of any
changes during the course of each annual period;
- In order to assist the User to utilise the Services, we will: -
notify the User of the necessity to update their Snapshot on the System via email;
provide the User with a copy of the User’s most recent Snapshot for quick confirmation
of details or in order to make the necessary updates and amendments on the System;
RULES OF CONDUCT
Your use of the Digital Will system is subject to all applicable national laws and
and, in some cases, international regulation. You, the User are solely responsible for all
activities, acts and omissions that occur in, from, through or under your identity number
the Provider shall not, under any circumstances, be held liable to any third parties for any
activity, act or omission that may occur from, through or under your identity number or
or through your use of the Digital Will system. You shall not use, allow, or enable others
use the Digital Will system, or knowingly condone use of this Digital Will system by others,
any manner that is, attempts to, or is likely to:
be libellous, defamatory, indecent, vulgar or obscene, pornographic, sexually
explicit or sexually suggestive, racially, culturally, or ethnically offensive,
harmful, harassing, intimidating, threatening, hateful, objectionable,
discriminatory, or abusive, or which may or may appear to impersonate anyone
affect us adversely or reflect negatively on the Provider, the Digital Will system, the
Provider’s goodwill, name or reputation or cause duress, distress or discomfort to the
Provider or anyone else, or discourage any person, firm or enterprise from using all or
any portion, features or functions of the Digital Will system, or from advertising,
linking or becoming a supplier to the Provider in connection with the System;
send or result in the transmission of junk e-mail, chain letters, duplicative or
unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and
be used for commercial or business purposes, including, without limitation, advertising,
marketing or offering goods or services, whether or not for financial or any other form
of compensation or through linking with any other system or website pages;
transmit, distribute or upload programmes or material that contain malicious code,
such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other
potentially harmful programs or other material or information;
create a false identity for the purpose of misleading others;
violate any laws, regulations (including, without limitation, laws regarding the
transmission of technical data or software exported from the Republic of South
Africa), judicial or governmental order or any treaties, or violate or infringe upon
any intellectual property rights, rights of publicity or privacy or any other rights
of the Provider or of any other person, firm or enterprise; gain unauthorized access
to the Digital Will system, other users' accounts, names, passwords, personally
identifiable information or other computers, websites or pages, connected or linked
to the SmartWill system or to use the Digital Will system in any manner which
violates or is inconsistent with the terms and conditions of this Agreement;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation
or maintenance of the Digital Will system or the rights of use and enjoyment of the
Digital Will system by any other person, firm or enterprise.
Should the Provider determine that you have, in its opinion, breached one of the
Rules of Conduct set out in clauses 7.1 to 7.1.8 above, the Provider reserves the
right to remove your access to the Digital Will system and prevent you from
remaining as a User on the Digital Will system.
UPDATING OF THESE TERMS AND CONDITIONS
The Provider reserves the right to change, modify, add to or remove from portions or the whole of
these Terms and Conditions from time to time. Changes to these Terms and Conditions will become
upon such changes being posted to this Digital Will system. However, it remains the User’s obligation to
read these Terms and Conditions when logging on to familiarize yourself with any and all changes and
updates. The User’s continued use of this Digital Will system following the posting of changes or updates
will be considered notice of the User’s acceptance to abide by and be bound by these Terms and
including such changes or updates.
SUPPLIER OF SERVICES DETAILS
In accordance with the disclosure requirements of the Electronic Communications and Transactions
Act (“ECTA”), Act No 25 of 2002, the Provider, as the provider of services offered for hire or by
way of an electronic transaction, makes the following information available to consumers:
This Digital Will system is Powered by CliqTech (Proprietary) (Company Registration Number:
2018/623557/07) (hereinafter referred to as “Provider”), which is a private limited company by
shares duly registered and existing under the laws of South Africa, with its physical address at
(4 Los Angeles Drive, Northcliff, Johannesburg, 2195, Tel (011 568 2397). Provider’s place of registration is (4 Los Angeles
Drive Northcliff Ext 15, 2195) and Provider will accept legal service at (4 Los Angeles Drive
Northcliff Ext 15, 2195). Provider’s directors and office bearers are: (Mr Zale Hechter,
Director; Mr James Perris, Director; Mr Champ Thekiso, Director; Mark Fitzjohn, Director; Anton
Baumann, Director). The main business of Provider is the supply of digital fiduciary
Provider’s website is cliqtech.co.za and its email
address is [email protected].
“Digital Will/ Digital Will Services” means a digital estate planning service
that provides an authorized and registered member (“the User”) with the means to access and
manipulate their own stored/saved information from a secure remote location (“the Product”).
Utilizing this information, a summary of all relevant aspects of the Estate (“the Snapshot”) and
a unique Last Will and Testament (“the Digital Will”) is provided for each User. The User is
required to remotely update their Snapshot annually to ensure the information remains current.
The information is maintained until the User dies. When this occurs we distribute the Snapshot
to the nominated Executor along with a step by step guide on how to administer the deceased’s
Estate in accordance with the User’s Digital Will.
Complaints and disputes: Provider offers Users to email complaints to
[email protected] via the “Contact us” service of the website. Currently the
Provider does not subscribe to any alternative dispute resolution code or mechanism.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
This website contains material which is owned by or licensed to the Provider. This material includes,
limited to, the design, layout, look, logos, and graphics. You are authorized to view and download,
make copies of such printouts provided that you use the material for personal and non – commercial
only. You may copy the content to individual third parties for their personal use, but only if you
this website as the source of the information and /or materials. You may not without the Provider’s
written consent distribute or commercially exploit the content.
Digital Will SYSTEM MAINTENANCE
We may suspend this System, and restrict access to the entire System or any part thereof, without
prior notice to you in order to update or maintain the Digital Will system.
SUSPENSION AND/OR TERMINATION OF SERVICES
We are entitled, without prejudice to any other rights we may have, to suspend and/or
terminate the provision of the services to you:
if you are in breach of any of the terms of these Terms and Conditions or the Privacy
Notice, and/or any other of our policies applicable to your use of the services and
incorporated by reference into this Agreement, and you have not rectified your breach
within 14 (fourteen) days of us calling upon you in writing to do so;
you are in breach of our Rules of Conduct set out above and have not provided us with
the information we request in order for us to investigate your use of our services
within 5 business days of our request;
immediately if we have reason to believe that your use of the services is fraudulent or
negatively impacting the operating capability of the services;
immediately if we are notified of or suspect unauthorized access or use of your
account or have another security concern, to assess and contain the situation.
- immediately if we determine, in our sole discretion, that providing the services is
prohibited by law;
- on 7 (seven) days written notice to you, if we determine in our sole discretion that it
has become impractical or unfeasible for any legal or regulatory reason to continue to
provide the services; and/or
- if you have not paid any amount due by you in terms of this Agreement on its due date,
and have not rectified such non-payment within 14 (fourteen) days after receipt of a
notice from us requiring you to do so, in which case the provision of the services may
be suspended until the outstanding account fees have been paid.
In addition to the provisions of clause 12.1, this Agreement may be terminated by either one of
us at any time by providing the other with thirty (30) written notice of its intent to
You may terminate our services at any time by notifying us via email at [email protected]
NOT LIABLE FOR THE EFFECTS OF USE OF THIS SYSTEM
Use of the Digital Will system, and/or any of the services and products offered through it, is at
your sole risk. You shall have no claim against us for any loss, damages, harm, injury, death or expense
which may be suffered by you or by any third party from any cause whatsoever, howsoever arising,
including, but not limited to any act, omission, default or negligence on our part, failure by us to
on the content of this System or information or advice provided to you, performance of the software,
suspension or interruption of your access to this System, or distortion, corruption or loss of data.
include direct, indirect, general, special, incidental, punitive and consequential.
CHOICE OF LAW
This Digital Will system is controlled, operated and administered by Provider from its offices as
set out below within the Republic of South Africa. The User may not use this Digital Will system in
violation of South African Privacy Legislation and regulations. If the User accesses this Digital Will
system from locations outside of South Africa, that User is responsible for compliance with all local
laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the
consents to the jurisdiction of the South Gauteng High Court, Johannesburg, in the event of any dispute.
If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to
invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to
give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions
shall continue in full force and effect. These Terms and Conditions constitute the entire agreement
the Provider and the User with regard to the use of the content and this Digital Will system.
If any provision of these terms is unlawful or void or for any reason unenforceable, then that
provision shall be severed from the rest of the terms and shall not affect the validity and
of the rest of the terms.
PERMISSION FOR HYPERLINKS, DEEP LINKING, CRAWLERS AND METATAGS
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically
or otherwise (collectively referred to as linking), to this System or any subsidiary pages
before receiving our prior written approval, which may be withheld or granted subject to the
conditions we specify from time to time.
An application for linking must be submitted to the Digital Will system administrator. Once
received we will do our best to respond and enter into further discussions with you. If you
don’t get a written response from us within five business days, consider your request as having
Breach of these conditions entitles us to take legal action without prior notice to you and
you agree to reimburse the costs associated with such legal action to us on an attorney and
own client scale.
“Cookies” are small amounts of information stored by your computer. Our server may issue cookies to
your computer so that we can better serve you when you return to our System. You can set your browser to
notify you when you receive a “cookie” giving you the chance to decide whether to accept it.
By using this Digital Will system communicating with the Provider by electronic means, the User
consents and acknowledges that any and all agreements, notices, disclosures, or any other communication
satisfies any legal requirement, including but not limited to the requirement that such communications
should be in writing.