Footprint Terms and Conditions of Service

Last updated: September 2026

1.introduction
1.1These terms and conditions of service (“Terms”) govern the access or use by you of the Footprint digital will and estate administration services, secure digital storage service ("Vault") and associated apps, websites, content, products and services (the “Services”) made available by Footprint Australia PTY LTD (A.C.N. 701 665 554).
1.2("Footprint", "we", "us" or "our").
1.3Where we refer to you or your in these Terms, we mean any individual that is using the Services.
1.4Your use of the Services may also be subject to the specific terms applicable to the particular Service you use ("Service Specific Terms"), as well as any additional terms that apply to the Services, such as terms relevant to a particular subscription or policies for a particular event, activity, promotion or referral credit, and such terms will be disclosed to you in connection with the applicable Services ("Special Terms"). The Service Specific Terms and any Special Terms (in each case, where applicable) are, in addition to, and will be deemed a part of, these Terms for the purposes of the applicable Services. In the event of a conflict between the Special Terms, Service Specific Terms and paragraphs 1 to 18 below with respect to the applicable Services, the terms will prevail in the preceding order of priority.
1.5Your use of the Services may also be subject to the terms of your agreement with other third parties (such as your payment method provider (for example your bank) and data service provider or the partner you receive the Services from), which will apply in addition to these Terms.
1.6Please read these Terms carefully before accessing or using the Services.
1.7Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between us and you. If you do not agree to these Terms, you may not access or use the Services.
2.footprint connect partner and footprint partner agreements
2.1You may be eligible to sign up to access and use the Services in connection with an agreement being either a "Footprint Connect Partner Agreement" or “Footprint Partner Agreement” between us and a third party (such as a service provider, your employer, charity or financial adviser) ("Benefit Provider") in relation to certain Services ("Partner Program"). In these circumstances you will be a “Partner Customer” and the provisions stated as being applicable to Partner Customers set out in these Terms will be applicable to you. Your access to the Services under the Partner Program will also be subject to any terms and conditions agreed between the Benefit Provider and you. If you think that you may be eligible for the Partner Program please contact us or your Benefit Provider for more information.
2.2If you already use the Services but become eligible for a Partner Program you will be provided with the choice to opt in to the Partner Program. Opting in means that the provisions stated as being applicable to Partner Customers set out in these Terms will be applicable to you, including that payments for your Services (as described in paragraph 10 below) will become the responsibility of your Benefit Provider once the period for which you have pre-paid Service Fees (as defined below) for the applicable Services comes to an end (for such time as you continue to be a Partner Customer). You will not be entitled to any refund for Services for which you have paid Services Fees before becoming a Partner Customer.
2.3If you use the Services using access provided to you by a Benefit Provider pursuant to a Footprint Connect Partner Agreement or Footprint Partner Agreement you acknowledge that your Benefit Provider is not responsible, and, to the maximum extent permitted by law, excludes all liability, for our provision of the Services to you.
3.referRals
3.1Footprint may, from time to time, enter into commercial arrangements with third parties, including legal services providers, financial institutions, and other estate planning related service providers, under which:
(a)we pay a fee or other consideration to a third party in exchange for the referral of potential customers to us (“Referral Fee”); or
(b)a third party pays a fee or other consideration to us in exchange for the referral of potential customers to that third party (“Referral Payment”).
3.2Where such arrangements exist, we manage any potential conflict of interest by ensuring that referrals are made solely on the basis of relevance to your needs and are not influenced by the existence or value of any Referral Fee or Referral Payment. We will only enter such arrangements where it is lawful for us to do so.
3.3Such arrangements do not affect the price you pay for the Services. We do not provide regulated financial advice, and nothing in these Terms or any referral arrangement constitutes a recommendation to acquire any financial product or service.
3.4If you would like information about whether a specific third party arrangement applies to your use of our Services, you may contact us at info@footprintwill.com.au.
4.information and privacy
4.1In order to access and use the Services, you may be required to provide us with your information, including personal information, such as details relating to your family and assets and your will instructions. We may also ask you to provide proof of identity. If you refuse to provide such information and/or proof of identity we may deny you access to, or use of, the Services.
4.2It is your sole responsibility to ensure that any information you provide us is accurate, complete and error free. We are under no obligation to confirm or validate the information that you provide to us in connection with the Services.
4.3Our Privacy Policy explains how we collect, store, disclose, use and protect your personal information. Our Privacy Policy is available online at our website and available here https://www.footprintwill.com.au/privacy-policy. We may use such personal information for any purpose associated with your use of the Services, including to improve the Services and by sharing your personal information with our service providers, subject to the terms of our Privacy Policy.
4.4In providing any information to us, whether in relation to you or a third party, you warrant that you have appropriate authorisation to disclose such information for the purposes it will be used for by us.
4.5If you are a Partner Customer, in addition to the above, you consent, during the term of your applicable Footprint Connect Partner Agreement or Footprint Partner Agreement, to:
(a)us providing your name, email and employment details to your Benefit Provider;
(b)your Benefit Provider providing us with your name, email and employment details; and
(c)us providing your Benefit Provider with reporting that identifies your account registration status,
4.6in each case, in connection with the Footprint Connect Partner Agreement, Footprint Partner Agreement and/or these Terms.
4.7By providing us with your personal information, you consent to receiving marketing material and other electronic communications from us, subject to the terms of our Privacy Policy. For more detail on this, including how to unsubscribe from receiving such material, please refer to our Privacy Policy.
5.Your obligations
5.1You may only use the Services if you:
(a)undergo our screening processes and satisfy our customer qualification procedures (where applicable);
(b)are at least 18 years old;
(c)are the registered user of an account with us in respect of the Services ("Account") and you maintain accurate, complete and up-to-date information on your Account;
(d)have set up and maintain a valid credit card on your Account where applicable; and
(e)are doing so for lawful purposes and you comply with applicable laws.
5.2In accessing and using the Services, you must not:
(a)remove any copyright, trademark or other proprietary notices from any portion of the Services;
(b)reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us;
(c)breach or otherwise circumvent any security or authentication measures;
(d)access, tamper with or use any non-public areas or parts of the Vault, or shared areas of the Vault that you have not been invited to;
(e)decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law or attempt to gain unauthorised access to, or impair, any aspect of the Services or its related systems or networks;
(f)do anything which may unduly hinder the operation and/or functionality of any aspect of the Services;
(g)during your use of the Services, access, store, distribute or transmit any:
(i)thing or device (including any software, code, file or program) which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device, including worms, Trojan horses, viruses and other similar things or devices; or
(ii)material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or that facilitates illegal activity;
(h)harass or abuse our personnel or our other representatives and/or agents;
(i)use the Services in a manner that causes any nuisance, annoyance, inconvenience or is otherwise illegal or causes, or is intended or reasonably likely to cause, damage or injury to any person or property; or
(j)attempt or procure or assist any other person to do any of the things listed in paragraphs (a) to (i).
6.NATURE OF SERVICES AND LIMITATIONS
6.1By accessing and using the Services, you acknowledge and agree that:
(a)we are a service provider operating a digital platform that allows you to create your own will;
(b)we do not provide legal, financial or taxation advice;
(c)a will created by you using our Services may not:
(i)take your personal circumstances into account;
(ii)be suitable if you have complicated estate planning circumstances; or
(iii)cover every circumstance that may affect you, your estate, your beneficiaries or executors,
(iv)and we recommend that if you have any concerns about any of these matters, you seek independent legal, financial or taxation advice from an appropriately qualified professional;
(d)we are unable to confirm or verify, and we do not accept any liability for failing to confirm or verify:
(i)your identity or the identity of any beneficiary or executor named in your will;
(ii)your testamentary capacity or whether you were aware of, understood the contents of and approved your will at the time of making it;
(iii)the ownership, existence, status, nature or location of any assets or liabilities that form part of your estate or which may otherwise be referenced in your will;
(iv)whether any person who is not named in your will may have any claim against your estate; or
(v)whether you were subject to any duress, coercion or undue influence at the time of making or executing your will.
7.licenCe
7.1Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable licence to the Services and any content, information and related materials that may be made available through the Services, for the purposes of accessing and receiving the Services in accordance with these Terms.
7.2We, or our licensors (as appropriate), own, and retain, all rights in and to the Services and the content, information and related materials made available through the Services. Other than the limited licence granted to you in paragraph 7.1, neither these Terms nor your use of the Services grants to you any rights in, or related to, the same or to use or reference in any manner our company name, logos, product and service names, trademarks or service marks or those of our licensors.
7.3The Services may include functionality which allows you to submit, upload or otherwise make available content to us (which may include feedback related to the Services and other textual, audio, and/or visual content) ("Provided Content"). You must not provide Provided Content that is defamatory, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive (as determined by us in our sole discretion). We may, review, monitor, or remove Provided Content, at any time at our sole discretion, in each case, without providing notice to you.
7.4Any Provided Content remains your property, but you grant us a worldwide, sublicensable, transferable, royalty-free licence to use, copy, modify, create derivative works of, and otherwise exploit in any manner such Provided Content for the purposes of providing the Services to you.
7.5In respect of the Provided Content, you represent and warrant that:
(a)you are either the sole and exclusive owner of all Provided Content or you have all rights, licenses, consents and releases necessary to grant use the licence described in paragraph 7.4 above; and
(b)neither the Provided Content, nor our use of the Provided Content as contemplated by these Terms will infringe, misappropriate or violate any rights of a third party (including intellectual property, proprietary or privacy rights), or result in our violation of applicable law or regulation.
8.delivery and access to the services
8.1If you would like to use a will as part of any applicable Services, that has not been prepared using the applicable will Services ("BYO Will"), you acknowledge that we are not responsible for that BYO Will. You must ensure that your BYO Will is valid and kept up to date on your Account.
8.2You are responsible for obtaining all devices, data, connections and other requirements necessary to use the Services. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. You are responsible for all costs, problems, conditions, delays, delivery failures and all other loss or damage arising from, or relating to, your devices, network connections or telecommunications links or caused by the internet.
8.3You acknowledge that the Services may be provided by us or by our third party providers. You may also be able to access and use third-party products, services and content as part of the Services, including via hyperlinks to such third-party websites contained within the Services. Any such third-party products, services and content are subject to the terms and conditions set by their providers. We do not endorse or assume any responsibility for third-party products, services or content, including your use of the same.
8.4You acknowledge that any website links to third-party websites are for convenience only. We do not own or control and are not responsible for the content of the linked websites. Your use of the hyperlinks is at your own risk.
8.5You acknowledge that we are free to, and frequently do, make changes to the Services (at our discretion), including through the release of new updates, modifications and enhancements to our subscription options and websites, and in some cases discontinue features. If we discontinue any significant feature, we will provide you with not less than 30 days’ written notice of the change, where it is reasonably practicable for us to do so. If you do not agree with a change, you may terminate the Services by providing written notice to us within 14 days after we notify you of the change. If the change adversely affects the value of the Services available to you, we will refund a pro-rata proportion of any prepaid Services from the date of termination. We will also allow you access to the Services in accordance with paragraph 14.3.
9.accounts
9.1To use the Services, you must register for, and maintain, an Account. To register for an Account you must:
(a)be eligible to use the Services (see paragraph 5.1 above); and
(b)provide us with certain registration information, which may include personal information, such as your name, address, mobile phone number and age.
9.2You are responsible for all activity that occurs under your Account. When you register for an Account, we may provide you with a user identification code, password or other information in relation to your Account. You must treat any information that we provide you in connection with your Account as confidential and exercise every possible care to ensure the safety of the passwords and device you use in connection with the Services by taking all reasonable care to prevent loss, theft and unauthorised or fraudulent use.
9.3You must immediately notify us on becoming aware of any unauthorised third party using your Account and must, upon becoming so aware, change all passwords and other security information associated with your Account.
9.4You must ensure that we have your current email address in relation to your Account. Failure to do so may mean that you do not receive notifications from us in relation to the Services and could result in closure of your Account, your content stored within the Vault being lost or your Services being terminated (each an "Event"). We are in no way liable to you for any losses, liabilities, damages, costs or expenses or other impacts that you suffer as a result of such Events.
10.Service Fees and Payment
10.1A fee may apply to your use of certain Services ("Service Fee"). The Service Fee varies depending on the Services that you access and use. You acknowledge and agree that you will be responsible for all Service Fees incurred under your Account.
10.2Any access to the Services provided by a Benefit Provider, and any fees payable for the access to those Services, would be specified on the offer they have agreed to provide you. Footprint is not liable for any fees incurred or charged using a third party service.
10.3The following terms apply to your Service Fees, unless you are a Partner Customer in which case paragraph 10.4 applies:
(a)You must pay us any Service Fees in respect of your use of the Services annually in advance, unless otherwise specified in the Service Specific Terms or Special Terms (such as where the Services are subject to a "one-off" fee).
(b)Where relevant, we will facilitate your payment of the Service Fees on behalf of our third party providers using your payment method set up on your Account. Following your payment of the Service Fees, we will send you a tax invoice by email.
10.4The following terms apply to your Service Fees if you are a Partner Customer:
(a)The Service Fees will be paid by your Benefit Provider on your behalf and you will not be required to pay any Service Fees for the Services specified in our Footprint Connect Partner Agreement or Footprint Partner Agreement with the Benefit Provider during the period that you continue to be a Partner Customer of your Benefit Provider or for as long as agreed upon with your Benefit Provider.
(b)We will notify you as soon as reasonably practicable in the event that we become aware that you are no longer a Partner Customer, including as a result of the termination of the Footprint Connect Partner Agreement or Footprint Partner Agreement, and will provide you with the option to either:
(i)terminate your use of the Services;
(ii)commence payment of the Services yourself, in which case we will provide you with the then-current fees for the Services; or
(iii)if you change your employment and your new employer is also a Benefit Provider or has an agreement with a Benefit Provider with respect to the same Services as your previous Benefit Provider, transfer payment of the Services to your new Benefit Provider (which will be arranged upon notification to us from the Benefit Provider).
(c)If your Benefit Provider fails to pay for your subscription to the Services, we will deal with such late payment in accordance with the terms of the Footprint Connect Partner Agreement or Footprint Partner Agreement.
(d)If we give you notice under paragraph 10.4(b) that you are no longer a Partner Customer, you must notify us of your election under that paragraph within 30 days. If you fail to notify us of your election within this period, you will be deemed to have elected not to renew the Services and the provisions of paragraph 14.3 will apply.
(e)You may upgrade your applicable Services to a Service that is not covered by your Benefit Provider’s Footprint Connect Partner Agreement or Footprint Partner Agreement by providing us with notice. If you choose to do so you will be charged for the additional fees not covered by your Benefit Provider in accordance with the terms set out in paragraph 10.1.
(f)We will make any changes to the Service Fees for the Services provided to you as part of the Partner Program in accordance with the terms of the applicable Footprint Connect Partner Agreement or Footprint Partner Agreement.
10.5Service Fees paid by, or on behalf of, you are final and non-refundable, subject to paragraph 14 and 15 or unless otherwise determined by us. In the event of any disputed or unauthorised transactions, please contact us by emailing us at info@footprintwill.com.au.
10.6Subject to paragraph 10.4(f), we may establish, remove and/or revise the Service Fees for any or all Services at any time in our sole discretion and such change will be effective on and from the date upon which your next Service Fee becomes payable for all Services which involve recurring Service Fees. In the event that there will be an increase in the Service Fees for your applicable Services, we will notify you via the email address set up on your Account at least 30 days prior to such change taking effect. If you do not agree to these changes you may terminate by providing us with written notice.
10.7Unless otherwise expressly stated, all amounts payable for the Services are expressed to be inclusive of GST. For the purposes of these Terms, "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
11.Promotions and account Credit
11.1From time to time, we may create referral and/or promotional codes ("Special Codes") that may be redeemed by some or all users of the Services for Account credit, or other features or benefits related to the Services, which may be subject to Special Terms. You agree that such promotional offers and discounts and any associated Special Codes, unless specifically made available to you, have no bearing on your use of the Services or the Service Fees applied to you.
11.2In respect of any Special Codes, you agree that:
(a)you will only use the Special Codes for lawful purposes, in accordance with these Terms and any Special Terms that apply to them;
(b)you will not duplicate, sell or transfer any Special Codes or make any Special Codes available to any third parties without our permission (for example, in the case of "refer a friend" and other similar Special Codes);
(c)Special Codes are not redeemable for cash;
(d)Special Codes may expire prior to your use; and
(e)we may withhold or deduct credits or other features or benefits obtained through the use of Special Codes at our discretion in the event that we consider that you have breached these Terms or that the use or redemption of the Special Code was in error, fraudulent or illegal.
12.Indemnity
12.1You agree to indemnify, and will keep indemnified, us and our officers, directors, employees and agents ("Indemnified Parties") harmless from any and all claims, demands, losses, liabilities, and expenses (including legal costs and expenses) suffered or incurred by the Indemnified Parties, or for any claim brought against any Indemnified Party, that arises out of or in connection with:
(a)your breach of any of these Terms;
(b)your violation of the rights of any third party; or
(c)any claim made by any third party in connection with your will or your estate.
13.amendments
13.1We may amend these Terms from time to time. Amendments will be effective upon posting of such updated Terms on our website. We will provide you with not less than 30 days’ notice of any such amendments. If you do not agree with an amendment that materially adversely affects your rights under these Terms, you may terminate the Services by providing written notice to us within 14 days after we notify you of the amendment. If the amendment adversely affects the value of the Services available to you, we will refund a pro-rata proportion of any prepaid Services from the date of termination. We will also allow you access to the Services in accordance with paragraph 14.3.
13.2Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
14.termination
14.1You are free to stop using the Services at any time.
14.2Should you wish to terminate any Services, you may do so by emailing us at info@footprintwill.com.au and, unless otherwise specified in the Service Specific Terms or Special Terms, such termination will be effective at the end of the period for which you have already paid Service Fees (during which time you will continue to be able to access your Account) or if the Service Fees do not entitle you to access the Services for a specified period of time, 28 days following notice of such termination. Unless paragraph 15 or 16.1 applies, if you wish to terminate any Services part way through the period for which you have paid Service Fees, you will not be entitled to any refunds.
14.3If you choose not to renew any Services at the end of the period for which you have paid Service Fees or you fail to pay any Service Fees due within 28 days of receiving notice of such late payment from us and we terminate your access to the Services, you will have access to the Services for a period of four weeks ("Account Closure Period") and be able to remove all content stored in the Vault or otherwise held in your Account. Following the Account Closure Period you will no longer be able to use or Access the Services (including your Account and anything stored in the Vault). We may be able to access your content stored in the Vault for an additional eight weeks from the expiry of the Account Closure Period ("Emergency Period"). If you need to access any content stored within the Vault during the Emergency Period, please contact us and we may be able to provide you with limited access to such content (if available). Following the completion of the Emergency Period all content stored in the Vault will be destroyed by us and will be irretrievable.
14.4We may terminate these Terms, or any Services with respect to you, or suspend or deny access to the Services or any portion thereof, if you breach these Terms, fail to make any payment when due following our notification to you of the same or if we cease offering some or all of the Services to our customers generally.
15.our refund policy
15.1If you are not completely satisfied with your purchase of particular Services, in addition to your rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth))(“ACL”) and any other applicable Australian laws, you may be eligible to obtain a refund under Footprint's Refund Policy as described below:
(a)As our Services are based directly on the information you have provided us we are unable to provide a refund due to information that has not been provided accurately or if you have changed your mind. However, if you believe that a genuine error has been made in connection with a will that we have provided you as part of the Services, you have up to 14 days from the time you receive your will to initiate a return by emailing us at info@footprintwill.com.au or contacting us online through the “Contact Us” page of our website, available here https://www.footprintwill.com.au/contact-us.
(b)Upon receipt of your notification, a member of our team will contact you during our office hours (being, Monday to Friday (other than public holidays in Auckland, New Zealand) between the hours of 8.30am and 5.30pm) to discuss the problem that you have encountered. If we determine that the problem is genuine, we will endeavour to work with you to correct any such error. If we determine that the problem can be rectified easily we may, at our sole discretion, issue you an updated copy of the will. Subject to any rights you may have under the ACL or any other relevant legislation, this may result in additional charges, but this will be discussed with you prior to any changes being made or additional fees being incurred. We cannot exchange the will for alternative services or issue a credit note. However, if necessary, we may issue you with a refund and will determine the appropriate payment method to be used for any refunds.
16.Limitation of Liability
16.1Nothing in these Terms operates to exclude, restrict or modify any warranties, guarantees or other rights provided by law that cannot be excluded, including any rights you have under the Australian Consumer Law.
16.2To the extent permitted by applicable law and subject to paragraph 16.1:
(a)the Services are provided to you “as is” and “as available” and you agree that you are solely responsible for your use of the Services;
(b)other than as expressly set out in these Terms, all warranties, guarantees or obligations imposed on us, or a third party provider in relation to the Services, are excluded to the maximum extent permitted by law; and
(c)we make no representation, warranty, or guarantee that the Services will be uninterrupted or error-free.
16.3We are not responsible for any unauthorised access to any device you use to access the Services and any loss that you suffer in connection with the same (such as corruption of information).
16.4To the extent permitted by applicable law and subject to paragraph 16.1, in no event will we be liable to you for any:
(a)indirect, incidental, special, exemplary, or consequential loss, damage, costs or expenses;
(b)loss of profits, data, opportunity, or use,
(c)whether arising in contract, tort (including negligence), in equity, under statute or otherwise and even if we have been advised of the possibility of such loss or damages that result from or in connection with, these Terms or your access to, or use of, the Services.
16.5Subject to paragraph 16.1 our liability for a breach of any warranties, guarantees or rights arising out of any claim, demand, proceedings or caution whether in contract, tort (including negligence), in equity, under statute or otherwise, in any way connected with the Services is limited in the aggregate to the amount of Service Fees paid by you for, or if you are a Partner Customer, the Service Fees paid by your Benefit Provider for your specific use of, the Services over the 12 months immediately preceding the date that the relevant claim arose.
17.disclaimer
17.1Footprint does not provide legal services, taxation advice, financial services, estate administration or executorship services or any other advice. Where estate administration or executorship services are provided in connection with the Services these may be provided to you by one of our Referral Providers or another third party who will provide such services to you direct.
17.2Where a Referral Provider provides any services to you in connection with the Services, your use of such services may also be subject to the terms of your agreement with such Referral Provider, which will apply in addition to these Terms.
18.general
18.1In these Terms, the words “including” and “include” mean “including, but not limited to.”
18.2Termination of these Terms will not affect any legal remedies we may have.
18.3Any provision of these Terms which expressly or by implication is intended to continue in force after termination of these Terms will remain in full force and effect.
18.4Subject to any changes that may be made to these Terms from time to time, these Terms constitute the entire agreement between you and us and supersede all previous agreements and undertakings.
18.5You may not assign or transfer these Terms in whole or in part without our prior written approval.
18.6Nothing in these Terms has the effect of excluding, restricting or modifying rights which cannot lawfully be excluded, restricted or modified by agreement.
18.7If any provision of these Terms contravenes a law or is not enforceable, it will be removed from these Terms, but the rest of these Terms will continue in force.
18.8We may subcontract or delegate the performance of any of our responsibilities under these Terms.
18.9Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver.
18.10These Terms are governed by and construed in accordance with the laws in force in the State of New South Wales and the courts of that State will have the non-exclusive jurisdiction.

Contact us

If you have a question or a complaint about the Services, please contact us by emailing us at info@footprintwill.com.au.