Legal

Terms of Service

Awqaf Australia

Last updated30 November 2024

Welcome to MuslimWills! We provide an online platform that allows you to access estate and end of life planning resources, create a Will and access an online vault for storing your important documents (Services), as set out in more detail on our website (Site).

In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity (such as your employer) and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean Awqaf Australia Limited (ACN 168 278 420).

These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

our privacy policy (on the Site) which sets out how we will handle your personal information;
clause 1.7 (Variations) which sets out how we may amend these Terms; and
clause 12 (Liability) which sets out exclusions and limitations to our liability under these Terms.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link in the Services, or for featuring certain goods or services on the Services.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

Engagement and Term
1. These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term).
2. Subject to your compliance with these Terms, we will provide you with access to the Services.
3. We will not be responsible for any other services unless expressly set out in these Terms or on our Site.
4. If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.
5. Where we engage third parties to operate alongside the Services, those third parties are independent of us and we are not responsible for the goods or services they provide, unless we expressly agree otherwise.
6. We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Services.
7. Disclaimer: Please note that our Platform and the content contained on our Platform (including any tools, information, insights or resources made available to you) (Content) is provided for general information purposes only, and on an “as is” basis. The Content does not constitute advice of any nature including legal, financial, superannuation or tax advice. The Content is intended only to provide general and factual information on preparing for end of life, and you must not use the Content on the basis that it is a recommendation or opinion about any legal or financial product or service. Whilst we use reasonable endeavours to keep the information up to date, we make no representation that any information provided is accurate or up-to-date and we do not guarantee that any Content featured on our Platform is more suitable than options or businesses not featured on our Platform. If you choose to make use of our Content, you do so at your own risk. To the extent permitted by law, we do not assume any responsibility or liability, and you waive and release us from all responsibility or liability, arising from or connected with your use or reliance on the Content provided in our Platform. It is your sole responsibility to determine the suitability, reliability and usefulness of our Platform and our Content. The information and services provided through the Platform are not a substitute for the advice of a qualified legal professional. We recommend you seek advice from a qualified legal professional.
Account
1. You must sign up for an Account in order to access and use the Services.
2. While you have an Account with us, you agree to:
  1. keep your information up-to-date (and ensure it remains true, accurate and complete);
  2. keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
  3. notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.
3. If you close your Account, you will lose access to the Services.
Will Creation
1. We may provide you with access to our will creation tool on our Platform, which allows you to create a will based on your inputs (Will Builder).
2. Payment and Access: To use the Will Builder tool, you must pay the applicable fee (Will Builder Fee) through the Platform. Upon receipt of full payment, we will grant you access to the Will Builder.
3. To create your will, you must provide accurate and complete information as prompted by the Will Builder. This may include, but is not limited to your full legal name, date of birth, details of your chosen executor(s), specific bequests and gifts and other relevant personal and estate information.
4. Access Period: Your access to the Will Builder is valid for one year from the date of payment (Will Builder Access Period). During this period, you may:
  1. save your progress at any point;
  2. return to complete or modify your will as needed; and
  3. generate and finalise your will document.
5. Renewal: If you wish to access or modify your will using the Will Builder after the Will Builder Access Period expires, you will need to pay the Will Builder Fee again.
6. Will Document Generation: Upon completion of all required steps in the Will Builder, a will document will be generated based on your inputs. This document will be sent to the email address associated with your Account.
7. Where you access our Will Builder, you understand and agree that:
  1. you are solely responsible for the accuracy and completeness of the information that you provide through the Will Builder. We are not liable for any errors, omissions, or inaccuracies in your will resulting from the information you input;
  2. we do not guarantee that any will created through our Platform will be legally valid or enforceable in your jurisdiction;
  3. the Will Builder is designed for creating basic wills. It may not be suitable for complex estates or unusual circumstances. We do not guarantee the legal validity or enforceability of wills created through our Platform;
  4. the will provided to you through your use of the Will Builder is not automatically binding. You are solely responsible for ensuring that your will is properly executed and witnessed in accordance with applicable laws;
  5. the Will Builder does not constitute legal advice, and is provided to you for informational purposes only. We strongly recommend that you consult with a qualified legal professional to ensure your will is legally valid and reflects your intentions accurately;
  6. we cannot guarantee that claims will not be brought against your estate, under the Succession Act or other legislation, by persons who are entitled to a legal claim against your estate; and
  7. we do not review the content of any wills created using the Will Builder for legal accuracy or sufficiency.
8. Islamic Law considerations: While our Platform takes into account general principles of Islamic inheritance law, we do not guarantee that the will created will comply with all interpretations of Islamic inheritance law. Users are encouraged to seek advice from qualified Islamic scholars if they have specific concerns about compliance with Islamic inheritance principles. The opinions used throughout the platform are made with reference to “jumhoor” or majority and/or consensus opinions of scholars found within Islamic law. The platform does not adhere exclusively to the rulings of one “madhab” school of law. Other accepted and reliable opinions are also referenced. The main text used for the Islamic Distribution Guidelines annexed to the will produced on the Platform is- Abduroaf K Deceased Estates: Islamic Law Mode of Distribution in accordance with the Shaafi’ee School of Law 2 Ed 2019: HWT Publishers.
Secure Vault
1. We may provide you with access to our secure vault services on our Platform, which allows you to upload and securely store important documents and information related to your estate planning and end-of-life arrangement (Secure Vault).
2. Payment and access: To use the Secure Vault, you must pay the applicable fee (Secure Vault Fee) through the Platform. Upon receipt of full payment, we will grant you access to your own Secure Vault which can only be accessed using your unique login details.
3. Access Period: Your access to the Secure Vault is valid for one year from the date of payment until 100 years (Secure Vault Access Period).
4. Document Storage: You may uploaded and store digital copies of important documents in the Secure Vault, including but not limited to your will, trust documents, insurance policies, financial records, medical directives, personal letters and other information. You may update and download this information at any time during the Secure Vault Access Period.
5. Executor Access: You may designate one or more executors who may be granted access to the Secure Vault upon your death. To grant executor access, you must:
  1. provide the full name, email address and any other details required of the chosen executor via the Platform;
  2. provide explicit permission via the Platform for the executor(s) to access your Secure Vault upon your death.
6. Executor Verification Process: Upon your death, the designated executor must verify their identity to gain access to your Secure Vault by providing us with sufficient identification that matches the details provided by you. Additional verification steps may be required and will be communicated at the time of the request.
7. Where you use the Secure Vault, you are solely responsible for the accuracy and legality of the content they upload to your Vault, and you must not upload any content that infringes on the rights of others or violates any laws. We recommend you do not upload any sensitive information such as passwords and access codes. We recommend that you regularly review and update the contents of your Secure Vault to ensure the information remains current and accurate.
8. You acknowledge and agree that:
  1. the Secure Vault is a storage service only, and does not provide legal, financial, or estate planning advice;
  2. we do not review, verify, or endorse the contents of each user’s Secure Vault;
  3. you should not rely solely on the Secure Vault for the safekeeping of critical documents and should maintain physical or other digital backups of important information.
9. You may request the deletion of your Secure Vault and its contents at any time by contacting our support team by emailing us at [support@muslimwills.com.au].
Inheritance Calculator
1. The Platform provides an inheritance calculator based on Islamic law principles (Inheritance Calculator).
2. This calculator is for informational purposes only and does not store or save any personal information entered. The results provided by the calculator should not be considered definitive and may vary based on different interpretations of Islamic law. You understand that the Inheritance Calculator does not constitute financial, legal, tax or estate-planning advice, and is not a substitute for the advice of a qualified professional.
Fees
1. You may choose to purchase Services from us, as set out on our Site (Paid Services). You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Site (as applicable).
2. We may offer free trials for certain Paid Services. At the end of the free trial, you will either begin to be charged for the Paid Service or lose access to it (unless you sign up to it as a Paid Service), as specified in the trial offer you sign up to.
3. Details of our Paid Services, including features, limitations and fees are set out on our Site. All Paid Services must be paid for at the time you order the Service.
4. Our payments methods will be set out at the time you purchase the Services. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).
5. You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.
6. If any fees due under these Terms or as a result of your use of the Services are not paid on time, we may:
  1. suspend your access to the Services; and/ or
  2. charge administrative fees.
7. You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
Licence
1. During the Term, we grant you a right to use our basic Services in accordance with these Terms. This right cannot be passed on or transferred to any other person.
2. When you purchase our Paid Services, we grant you the right to access the purchased Service until the earlier of the specified duration of access, these Terms are terminated or you cancel the specific Service. These rights cannot be passed on or transferred to any other person.
3. You must not:
  1. use the Platform to create a will for another person, without their due consent and express approval;
  2. impersonate or act in the capacity of another person, to access our services;
  3. place any undue influence, exertion, duress or other pressure on any other person to use our services for your benefit;
  4. access or use the Services in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
  5. interfere with or interrupt the supply of the Services, or any other person’s access to or use of the Services;
  6. introduce any viruses or other malicious software code into the Services;
  7. use any unauthorised or modified version of the Services, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Services;
  8. attempt to access any data or log into any server or account that you are not expressly authorised to access;
  9. use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
  10. circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
  11. access or use the Services to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
Availability, Disruption and Downtime
1. While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
2. The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
3. We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.
Intellectual Property and Data
1. We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.
2. We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
Your Data
1. We do not own any of Your Data, but when you enter or upload any of Your Data into the Services, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Services (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
  1. supply the Services to you (for example, to enable you to access and use the Services), and otherwise perform our obligations under these Terms;
  2. diagnose problems with the Services;
  3. improve, develop and protect the Services;
  4. send you information we think may be of interest to you based on your marketing preferences;
  5. perform analytics for the purpose of remedying bugs or issues with the Services; or
  6. perform our obligations under these Terms (as reasonably required).
2. You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.
3. You are responsible for (meaning we are not liable for):
  1. the integrity of Your Data on your systems, networks or any device controlled by you; and
  2. backing up Your Data.
  3. When you use the Services, we may create anonymised statistical data from Your Data and usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
  4. If you do not provide Your Data to us, it may impact your ability to receive the Services.
  5. This clause 9 will survive the termination or expiry of these Terms.
Confidential Information and Personal Information
1. While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
2. However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
3. We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.
4. You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
5. We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
6. Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
7. This clause 10 will survive the termination or expiry of these Terms.
Consumer Law Rights
1. In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
2. Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
3. If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
4. This clause 11 will survive the termination or expiry of these Terms.
Liability
1. To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
  1. your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or
  2. any use of the Services by a person or entity other than you.
2. Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
  1. neither we or you are liable for any Consequential Loss;
  2. a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
  3. (where the Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
  4. our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, and where no Services have been purchased, AU$1000.
3. This clause 12 will survive the termination or expiry of these Terms.
Suspension and Termination
1. Suspension
  1. We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of login details for the Services). If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Services will end.
2. Termination
  1. We may terminate these Terms (meaning you will lose access to the Services) if:
    1. you fail to pay your fees when they are due;
    2. you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
    3. you breach these Terms and that breach cannot be remedied;
    4. we decide to discontinue the Services, in which case we will provide you with at least 90 days’ written notice; or
    5. you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).
  2. You may terminate these Terms if:
    1. we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
    2. we breach these Terms and that breach cannot be remedied.
  3. You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 14.8), and termination will take effect immediately.
  4. Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.
  5. Termination of these Terms will not affect any other rights or liabilities that we or you may have.
  6. This clause 13 will survive the termination or expiry of these Terms.
General
1. Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
2. Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. If the Dispute is not resolved at that initial meeting:
  1. where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
  2. where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
3. Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
4. Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.
5. Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
6. Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
7. Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
8. Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
9. Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal or risk management advice.
Definitions
1. In these Terms:
  1. Account means an account accessible to the individual or entity who signed up to the Services.
  2. Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the Services (including the Services) will not constitute “Consequential Loss”.
  3. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
  4. Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
  5. Services means the services we provide to you, as detailed at the beginning of these Terms.
  6. Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving the Services or stored by or generated by your use of the Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with the Services. Your Data does not include any data or information that is generated as a result of your usage of the Services that is a back-end or internal output or an output otherwise generally not available to users of the Services.