Online Document Tool Terms of Engagement (PublicTrustOnline.co.nz)

Introduction

1. These terms of engagement are the agreement between you and Public Trust regarding the online products and use of the Online Document Tool at publictrustonline.co.nz and any feature, technology or functionality provided by the Online Document Tool, offered by us from time to time (together ‘Online Document Tool’), together with the additional terms set out in the Service Schedule below and any other associated Public Trust service schedule or engagement letter and the Website Terms and Conditions (‘Agreement’).

2. By registering to use the Online Document Tool you ('Registered User') together with all individual users accessing the Online Document Tool on your behalf (together 'you'), acknowledge that:

   1. You have read and understood these terms of engagement; and

   2. You are over 18 years of age and have the legal capacity to contract in New Zealand, provided that if you are aged 16 or 17 years old:

      1. You are aware that until you turn 18 you are unable to make an Enduring Power of Attorney under New Zealand law, and

      2. If you are under 18 years of age and you wish to make a will this is only possible in certain situations under New Zealand law. You must consult Public Trust to ensure your situation allows you to make a Will.

   3. Any credit card you are using for payment of any fees for the Online Document Tool is issued in your name;

   4. All individual users accessing the Online Document Tool on behalf of the Registered User have the authority to act on behalf of the Registered User.

3. The Agreement refers to the website publictrustonline.co.nz unless otherwise specified (‘Website’).

4. If there is any conflict between these terms of engagement and an associated service schedule or engagement letter, these terms of engagement will prevail.

5. Online Document Tool Use

   1. We will provide the Online Document Tool described in this Agreement.

   2. You are responsible for determining that the Online Document Tool is appropriate to meet your needs.

   3. We may rely on the information that you provide and will not be liable or responsible for any costs or other losses that result from the inaccuracy of that information.

   4. If you do not follow the Guidance the products created by the Online Document Tool may not achieve the outcome that you intend.

   5. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Online Document Tool in accordance with the Agreement. All rights not expressly granted to you by the Agreement are reserved by us.

      
      

Our commitment to you

1. We will:

   • Act competently, in a timely way, and in accordance with the information and instructions you provide.

   • provide you with information about the work to be done and the way the Online Document Tool will work.

   • protect your privacy and ensure appropriate confidentiality.

   • treat you fairly, respectfully and without discrimination.

   • give you clear information and advice.

   • keep you informed about the work being done and advise you when it is completed.

   • charge you a fee that is fair and reasonable for the Online Document Tool services we provide and let you know how and when you will be billed.

   • have a clear process for you to raise any concerns you may have (which is outlined on our website at Feedback (publictrust.co.nz) and we will address these promptly and fairly.

     
     

Your obligation to us

1. You agree that you will:

   • provide in a timely way, all information and assistance that we require to enable you to use the Online Document Tool.

   • Read and follow the Guidance when using the Online Document Tool.

   • provide information that is true, accurate and not misleading.

   • advise us if you become aware that any document or information previously provided is inaccurate or incomplete.

   • provide all technology, hardware, software and telecommunication facilities in order to access and use the Online Document Tool.

2. You will be solely responsible for the accuracy and completeness of all documents and information that you provide to us. We will not be responsible to verify the accuracy or completeness of any information that you provide, and we will be entitled to rely on that information.

3. You are responsible for all activity that results from use of the Online Document Tool through your account. You are responsible for maintaining the security of your account and password.

4. You agree to use the Online Document Tool in a reasonable way. If we determine that your use of the Online Document Tool is not reasonable or that your use is causing degraded performance of the Online Document Tool for you or for other users, we may impose limits on your use of the Online Document Tool. Where possible, we will endeavour to give you at least 24 hours prior notice and request that your usage is reduced before imposing any limits.

5. You must not:

   • use the Online Document Tool in any manner or for any purpose that is unlawful or inconsistent with this Agreement.

   • infringe our intellectual property rights or those of any third party in relation to your use of the Online Document Tool;

   • transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Online Document Tool;

   • use the Online Document Tool in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

   • collect or harvest any information or data from the Online Document Tool or our systems or attempt to decipher any transmissions to or from the servers running any Online Document Tool services;

   • access or register user logins via bots or other automated methods.

     
     

Verification of identity

1. Prior to being able to commence providing you with the use of the Online Document Tool, Public Trust may need to verify your identity. We will inform you what information we require for the purposes of this verification and these can be viewed online at ptnz.nz/identity. If you cannot provide all requested information, you may not be able to use the Online Document Tool, and we have the right to terminate this Agreement in accordance with the Termination clause below.

2. Public Trust retains the right to not act on the instructions from a third party on your behalf until such time as we have verified the identity of that third party, in the same manner and with the same rights of termination as for your identity.

Fees, charges and billing

1. Our fees, charges and billing practices vary depending on the Online Document Tool services we provide. All fees and charges are either outlined on our Website or specified in the Service Schedule below.

2. Public Trust may vary our fees and charges at any time without notice, including once use of the Online Document Tool has commenced. You may terminate this Agreement in accordance with our Termination clause below.

3. All fees and charges are payable in New Zealand dollars and are inclusive of GST unless we agree otherwise.

4. If any invoice is not paid by the due date, we may charge interest at the rate of 15% per annum.

5. Public Trust may engage third-party legal providers or debt collectors to pursue recovery of unpaid invoices. You will be liable for all legal and debt collection costs that we may incur (including solicitor/client costs) in obtaining or attempting to obtain payment of our invoices, together with interest.

6. If, at any time, this Agreement is terminated, Public Trust may invoice you for the fees and charges incurred up until the date of termination as well as for any additional costs that Public Trust incurs that are associated with ceasing to provide use of the Online Document Tool.

7. Payments made for the Online Document Tool are through internet banking or a secure payments processing website, Stripe ('Stripe'). However you acknowledge and agree that Internet transmissions are never entirely secure or private and that any message or information you provide through the Website, internet banking or Stripe (including credit card information) may be read or intercepted by others. Public Trust will not have any liability for the interception, ‘hacking’ or other unauthorised access of information through the Website, internet banking or Stripe by unauthorised third parties.

   
   

Conflicts

1. Our primary obligation is to you. In the event that we become aware of any likely conflict between your interests and those of Public Trust, we will disclose the potential conflict to you and take all steps that we are legally obliged to.

   
   

Confidentiality

1. We will hold in confidence all information concerning you and your business and affairs that we acquire in the course of providing you the use of the Online Document Tool.

2. Subject to the Privacy clause below, we will not disclose this information to any person, unless you expressly or impliedly authorise us to do so, except to the extent required to provide you with the use of the Online Document Tool as agreed in this Agreement or if the information is already public knowledge.

   
   

Privacy

1. In providing the Online Document Tool to you, Public Trust will need to collect your personal information. This will include for the purposes of undertaking customer due diligence, the ongoing management of your relationship with Public Trust and updating any existing personal information we have about you.

2. Public Trust may use your personal information to provide you updates in relation to your use of the Online Document Tool as well as providing you general, promotional or marketing information regarding Public Trust and our other Online Document Tool services.

3. You authorise us to use any email address or phone number that you give us to communicate with you about the work we do for you. We may occasionally email you information we feel is relevant to you. If you do not want to receive that information, please let us know.

4. Your personal information will be stored, used and disclosed in accordance with the Privacy Act 2020. Any personal information you provide may be used or disclosed by Public Trust to assist us in complying with our legal obligations. For more information refer to our Privacy Policy online at ptnz.nz/privacy.

5. If you do not provide the personal information requested by Public Trust, we may be unable to provide the Online Document Tool to you.

6. You are welcome to ask for, have access to and check the personal information that we hold about you and if you believe that any of it is incorrect, you can ask us to correct it. Ways to contact us:

   • phone us on 0800 371 471.

   • email us at [email protected].

   • visit a Public Trust customer centre.

   
   

Data

1. Ownership of Data: Title to, and all intellectual property rights in, the data and content that you input into the Online Document Tool ('the Data') remain your property. However, your access to the Data is contingent on full payment of Public Trust’s Access Fee when due. You grant Public Trust a licence to use, copy, transmit, store, and back-up your information and Data for the purposes of enabling you to access and use the Online Document Tool and for any other purpose related to provision of the Online Document Tool to you.

2. Backup of Data: You must maintain copies of all Data inputted into the Service. Public trust adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but makes no guarantee that there will be no loss of Data. Public Trust expressly excludes liability for any loss of Data regardless of cause.

3. Consent of Data Upload: You agree to your completed and/or signed will being uploaded to a wills registry curated by Public Trust, whether you have personally uploaded this at the final step of completion or whether it is uploaded on your instruction by a Public Trust staff member assisting you.

4. Searching: You agree that Public Trust is permitted to search for your name within the wills registry including for the purpose of locating the storage location of your last digital will uploaded to the system in the event of your death.

5. Third-party service providers and your Data: You acknowledge that Public Trust may allow third-party service providers, including third-party application providers of third-party applications you enable, to access your Data as required for the performance of the Online Document Tool, including the interpretation of such third-party applications with the Online Document Tool. Public Trust shall not be responsible for any disclosure, modification or deletion of your Data resulting from any such access by third-party service providers.

   
   

Indemnity

1. You indemnify Public Trust and will keep us indemnified from and against any and all loss, damage or liability suffered and legal fees and costs incurred by Public Trust in the course of providing you with the use of the Online Document Tool that result from:

   1. any action we take on instruction from you;

   2. your breach of the Agreement;

   3. your negligent acts or omissions;

   4. a breach by you of any of your obligations under any terms and conditions which you have accepted in relation to the Online Document Tool third party payment processes;

   5. your intentional misuse of the online service payment process or the Website; or

   6. any claim, suit or action brought against Public Trust by a third party for any of the matters above.

2. This indemnity will not apply to any liability that has resulted from a breach or default by Public Trust in relation to our obligations and authority under these terms of engagement.

   
   

Limitation of liability

1. Public Trust will have no liability for any errors, deficiencies or invalid products in any work performed as part of your use of the Online Document Tool arising from the following:

   1. Failure to follow the Guidance on the Website (excluding Expert Review)

   2. Inaccurate or incomplete information provided by You to us.

   3. Information provided by us on our Website including through Live Chat, or other generalised information provided in any forum or format including Q&As.

2. On behalf of itself and any Third Party Suppliers, other than as expressly set out in this Agreement Public Trust excludes any warranties that may be implied or otherwise apply under any law, to the maximum extent permitted by law.

3. Nothing in this Agreement excludes, restricts or modifies any warranties, guarantees or other rights provided by law that cannot be excluded, including under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

4. The liability of Public Trust under the Agreement is limited to the value of the fees paid to Public Trust for the Online Document Tool.

5. In no event will either party be liable for any indirect damages or for any lost profits arising out of or relating to a breach of the Agreement.

6. Public Trust will not have any liability for any failure or delay in performing the Online Document Tool services because of an event beyond our reasonable control.

7. We do not warrant that the Online Document Tool will meet your specific requirements or be uninterrupted, timely, secure or error-free.

8. Public Trust will not be liable for any loss or damage that may result from any failure to keep usernames and passwords secure.

9. Public Trust will have no liability for any loss or damage suffered as a result of any act or omission of any third party supplier used to provide hardware, software, networking, connectivity, storage and other technology in order to provide the Online Document Tool, including the payments processing website Stripe ('Third Party Suppliers').

   
   

 Termination

1. Public Trust may terminate this Agreement immediately by written notice to you if:

   1. you breach any material term of the Agreement (such as your undertakings) that, in Public Trust’s reasonable opinion, is not capable of being remedied or

   2. you breach any other term of this Agreement and that breach is not remedied within 5 working days of us notifying you of the breach.

2. Either party may terminate the Agreement at any time by giving the other party at least 10 working days, prior written notice.

3. You may cancel your Online Document Tool account by contacting us by email: [email protected] or phone: 0800 279 792.

4. If the Agreement is terminated:

   1. Any obligation Public Trust has to provide the Online Document Tool to you will cease on the effective date of termination, unless otherwise agreed in writing.

   2. You will be required to pay Public Trust for all work performed up to the termination date.

   3. To the extent required, we will transfer all funds and property held for you and all relevant documents and information to you or as directed by you (subject to payment of all amounts due to us by you).

5. If your account is cancelled:

   1. your account will be deactivated;

   2. all of your rights granted under the Agreement come to an end. Your Data will not be deleted from our systems upon cancellation of your account. This content can be recovered upon your account being reactivated. Public trust is not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any Data which you require is backed-up or replicated before cancellation.

6. Nothing in this clause affects the operation of any other clause in the Agreement that is expressed or implied to have effect after termination of this agreement.

   
   
   
   

How we handle complaints

1. We will respond to any concerns promptly and fairly.

2. All concerns or complaints may be raised with your Public Trust relationship manager. Alternatively, you can contact us by:

   • phone: 0800 371 471

   • email: [email protected]

   • writing to Public Trust Customer Feedback, Private Bag 5902, Wellington 6140

3. We will review your complaint and work with you to address your concerns as quickly as possible.

4. Both parties must use their best efforts to resolve any dispute through good-faith negotiation.

5. If we are unable to resolve matters through our internal process, you may wish to contact our external dispute resolution provider, Financial Online Services Complaints Limited:

   • Phone: 0800 347 257

   • FSCL website: www.fscl.org.nz

   • Address: Financial Online Services Complaints Limited, PO Box 5967, Wellington 6145

     
     

General

1. Documents: Public Trust may retain copies of any documents that are necessary to comply with our legal and audit obligations.

2. Subcontracting: Public Trust is responsible for the provision of the Online Document Tool. However, we may, subcontract any third party to provide all or any part of the Online Document Tool services.

3. Assignment: Public Trust may assign our rights and obligations under this agreement. However, you may not assign your rights and obligations under this agreement except with our written consent.

4. Waiver: No failure or delay on the part of any party in exercising any power or right under these terms of engagement will operate as a waiver, nor will any single or partial exercise of such right or power preclude any other or future exercise of any right or power under the Agreement.

5. Entire agreement: This Agreement sets out the entire agreement between the parties in relation to the matters that it deals with and supersedes and invalidates all previous letters, agreements and understandings (oral or written) in relation to those matters.

6. Variations: These terms apply to any current and all future engagements. However, we may vary these terms from time to time, and if we do so, the varied terms will appear on our Website.

7. Intellectual property: We retain copyright (to the extent permitted by law) in all documents prepared by you, using the Online Document Tool, You must not provide our advice or documents to others without our written consent, except for anyone entitled to the documents by law or who you want to have a record of the matters contained in the document. Public Trust will not unreasonably withhold consent to a request by you to disclose the documents to a third party.

8. Invalidity of terms: Any illegality, unenforceability or invalidity in the Agreement will not affect the rest of the Agreement, which will remain in full force and effect.

9. All things necessary: The parties will execute and deliver all documents and do all things necessary for the proper and complete performance of their respective obligations under these terms of engagement.

10. Jurisdiction: The Agreement is governed by and construed in accordance with the laws of New Zealand.