Terms and Conditions of anticipate.life

Welcome, this website https://www.anticipate.life, associated anticipate.life domains, other websites, social media pages and Application are provided by:

Anticipate Life Pty Ltd
10/1 The Esplanade
Mt Pleasant WA 6153
AUSTRALIA

(“anticipate. life”). 

The anticipate.life websites, domains and social media pages, areavailable to provide interested parties, including persons who have joinedmailing lists for marketing and/or interacted or engaged with social mediasites and posts (“Visitors”), with general information and material aboutanticipate.life and the nature and type of services provided by anticipate.life.

In relation to the anticipate.life Application and Service: 

  • A person who has entered into a contractual agreement with anticipate.life (“Subscriber”) has controlled access to information on the anticipate.life Application:
    • by himself or herself, as the case maybe; and
    • by any person nominated by the Subscriber as having authority to interact with or uploaded content onto the Subscriber’s anticipate.life Application pages
  • A person(s)nominated by a Subscriber may also have controlled access to content uploaded or created by the particular nominating Subscriber, as well asauthority to upload or create content on the Subscriber’s Application pages(“Subscriber Invitees”), subject to such person(s)creating their ownUser Account and agreeing to be bound by these Terms and Conditions
  • A person(s) named by a Subscriber on the anticipate.life Application as a persons who is authorised to have access to content created or uploaded by the Subscriber, or a Subscriber Invitee, after the Subscriber’s death (“Subscriber Nominees”), shall have read only access to the content on the Subscriber’s Application pages in accordance with these Terms and Conditions

Visitors, Subscribers, Subscriber Invitees and Subscriber Nominees, except where the subject matter otherwise indicates or requires, are jointly referred to as“User” or “Users”.

The provision of Subscriber services on the anticipate.life Application is referred to as “the Service”.

These Terms and Conditions govern all Users.

Capitalized words are defined in the relevant dedicated section of this document.

Users must read this document carefully and abide by the Terms and Conditions.

Nothing in these Terms and Conditions creates any relationship of employment, agency, or partnership between anticipate.life and Users.

In these Terms and Conditions, where there is a reference to anticipate.life Contact Email Address, it is to: care@anticipate.life. anticipate.life can also be contacted via the anticipate.life Chatbot located in the right-hand bottom corner of the website and the anticipate.life Application.

Information about anticipate.life

The purpose and function of the anticipate.life Application is to allow a Subscriber to securely store and share, in a structured way, content created or uploaded by the Subscriber or by a Subscriber Invitee and to provide access to such content, in a convenient, controlled and secure manner, as and when required by the Subscriber, or by a Subscriber Invitee or by a SubscriberNominee and thereby assist and facilitate the Subscriber’s end-of-life planning.

What the User should know at a glance

  • Subscribers, Subscriber Invitees and Subscriber Nominees can only be natural or physical persons.
  • The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in Australia and the UK, is consistently referred to as “account termination” within this document.
  • In European Union countries, the Service is only intended for Consumers, as defined inArticle 2.1 of Directive 2011/83/EU of The European Parliament and of TheCouncil.

Terms and Conditions of Use

Unless otherwise specified, the Terms and Conditions detailed in this document apply generally when using the anticipate.life Application or visiting any associated anticipate.life domains, social media pages or websites.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using the anticipate.life Application or visiting any associated anticipate.life domains, social media pages or websites, Users confirm to meet the following requirements:

  • the User is a natural/physical person;
  • if the User is resident in a European Union country, the User qualifies as a Consumer, as defined in Article 2.1 of Directive2011/83/EU of The EuropeanParliament and of The Council
  • Users are not located in a country that is subject to a United States Government or United Nations embargo or a resolution of the United Nations Security Council, or that has been designated by the United States Government, the United Nations or theUnited Nations Security Council as a “terrorist-supporting” country; and
  • Users are not listed on any United States Government, United Nations or United Nations Security Council list of prohibited or restricted parties; and
  • Users are not subject to targeted financial sanctions under Australian sanctions law and are not named as such on any list issued by the Australian Sanctions Office.

Account creation

To become a Subscriber, Users must first accept the Terms and Conditions on the anticipate.life website regarding the creation and use of an anticipate.life account.

Subscribers are responsible for keeping their login credentials confidential and safe and must require Subscriber Invitees to do the same. Login credentials should not be shared. For this reason, Subscribers and Subscriber Invitees are also required to choose passwords that meet the minimum standards of strength required by anticipate.life.

By becoming a user of the Service, Subscribers agree to be fully responsible for all activities that occur under their username or email address, as well as under the password and under the username or email address and password of a Subscriber Invitee.

Subscribers are required to immediately and unambiguously inform anticipate.life via the anticipate.life Contact Email Address or the anticipate.life Chatbot, if they think or suspect that their personal information, including but not limited to Subscriber accounts, access credentials or personal data, has been violated, unduly disclosed or stolen or the access credentials of a Subscriber Invitee have been violated, unduly disclosed or stolen.

Account termination

Subscribers can terminate their account and stop using the Service at any time by going to the “Change Plan” section of “Your Account” and choosing “Cancel”. When a Subscriber cancels his or her anticipate.life Application account, the account will immediately be suspended and his or her credit card will be credited with a pro rata refund of any unused portion of their subscription payment from when the account was cancelled until the end of the subscription payment period which he or she has paid for. The Subscriber’s ongoing subscription payment obligations will also cease along with the Subscriber’s Service access. 30 days after termination of an account by a Subscriber, anticipate.life will delete the Subscriber’s content from anticipate.life’s system but copies may remain within the anticipate.life backups that will disappear over time.

Account suspension and deletion

anticipate.life reserves the right, at its sole discretion, to suspend or delete at any time and without notice, Subscriber accounts which it deems inappropriate, offensive or in violation of these Terms and Conditions.

The suspension or deletion of the account of a Subscriber due to causes attributable to the Subscriber or to a Subscriber Invitee:

  • does not exempt the Subscriber from paying any applicable fees or Service access payments then due and payable; and
  • shall not entitle the Subscriber to any claim for compensation, damages or reimbursement.

Content on anticipate.life Application

Unless where otherwise specified or clearly recognisable, all content available on the anticipate.life Application, domains, social media pages and/or websites is owned or provided by anticipate.life or its licensors.

anticipate.life undertakes its utmost effort to ensure that the content provided on the anticipate.life Application, domains, social media pages and websites infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints to the anticipate.life Contact Email Address or the anticipate.life Chatbot.

Rights regarding content on the anticipate.life Application, domains, social media pages and websites - All rights reserved

anticipate.life holdsand reserves all intellectual property rights for all and any content on theanticipate.life Application, domains, social media pages and websites. Usersmay not therefore use such content in any way that is not necessary or implicitin the proper and legal use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on the anticipate.life Application, domains, social media pages or websites, nor allow any third party to do so through the User or through any device belonging to or in the possession of the User, even without the User's knowledge.

Where explicitly stated on the anticipate.life Application, domains, social media pages or websites, Users may download, copy and/or share some content available through anticipate.life for his or her sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by anticipate.life are correctly implemented. 

Any applicable statutory limitation or exception to copyright shall remain unaffected.

Content provided by Users

As noted above, the purpose and function of the anticipate.life Application is to allow a Subscriber to securely store and share in a structured way content uploaded or created by the Subscriber or by a Subscriber Invitee and to provide access to such content, in a convenient, controlled and secure manner, as and when required by the Subscriber, or by a Subscriber Invitee or by a Subscriber Nominee and thereby assist and facilitate the Subscriber’s end-of-life planning.

By uploading or creating content for anticipate.life to store and share in this way, Subscribers confirm that they and any Subscriber Invitee uploading or creating content are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights regarding content uploaded or created by Subscribers

Subscribers acknowledge and accept that by uploading or creating their own content or content uploaded or created by a Subscriber Invitee on the anticipate.life Application they jointly and severally grant anticipate.life a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of the anticipate.life Application, as contractually required.

To the extent permitted by applicable law, Subscribers and any Subscriber Invitee waive any and all moral rights in connection with content they upload or create on the anticipate.life Application.

Users acknowledge, accept and confirm that all content they provide through anticipate.life is provided subject to the same general conditions set forth for content on the anticipate.life Application.

Liability for provided content

Subscribers are solely liable for any content that they, or a Subscriber Invitee, upload, post, share, create or provide through the anticipate.life Application. Subscribers acknowledge and accept that anticipate.life does not filter or moderate such content.

However, anticipate.life reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading Subscriber or a Subscriber Invitee access to the anticipate.life Application:

  • if any complaint based on such content is received
  • if a notice of infringement of intellectual property rights is received;
  • upon order of a public authority; or
  • where anticipate.life is made aware that the content, while being accessible via anticipate.life, may represent a risk for Users, third parties and/or the     availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle Subscribers that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement

Access to external resources

Through anticipate.life, Users may have access to external resources provided by third parties. Users acknowledge and accept that anticipate.life has no control over such resources and is therefore not responsible for their content and/or availability.

Subscribers agree to hold anticipate.life harmless from and against any claim asserted and/or damage suffered due to content they or anySubscriber Invitee provided through anticipate.life.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

The anticipate.life Application, domains, social media pages, websites and the Service may only be used within the scope of what they are provided for and under these Terms and Conditions and applicable law.

Users are solely responsible for making sure that their use of the anticipate.life Application, domains, social media pages, websites and/or the Service violates no applicable law, regulations or third-party rights. 

Therefore, anticipate.life reserves the right to take any appropriate measure to protect its legitimate interests, including by denying Users access to the anticipate.life Application, social media pages, domains, websites and/or the Service, terminating contracts, reporting any misconduct performed through anticipate.life Application, domains, social media pages, websites and/or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

  • violating laws, regulations and/or these Terms and Conditions;
  • infringing any third-party rights
  • impairing anticipate.life’s legitimate interests; and/or
  • offend anticipate.life or any third party.

Death of a Subscriber

Proof of death of an Australian Subscriber

anticipate.life shall be entitled to rely upon any of the following without further proof or enquiry as confirmation of the death of an Australian Subscriber:

  • a death certificateor any other official record of the death of the Subscriber
    • a letter, on letterhead, signed personally by:
    • a registered medical practitioner;
    • a licensed funeral director;
    • a Minister of Religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961;
    • a Justice of thePeace with a registration number in the State in which they are registered;
    • a solicitor admitted to the legal profession as a lawyer and holding a current Australian practising certificate;
    • an accountant who is a member of a recognised professional accounting body ora Registered TaxAgent; or
    • a State, Territory orAustralian Federal police officer;
    • stating that the Subscriber has died and the date of his or her death; or
  • a statement by any person that the Subscriber has authorised on the anticipate.life Application as a person anticipate.life is unequivocally authorised, without further proof or inquiry, to accept a statement from that the Subscriber has died and the date of his or her death.

After death of a Subscriber

Upon notification to anticipate.life of the death of a Subscriber, in an acceptable form, as per these Terms and Conditions, all of the Subscriber’s content on the anticipate.life Application will:

  • be converted to “read-only” and unable to be amended or altered in any way; and
  • be available to any person or persons named at the time of such notification of death as Executor of Subscriber Nominee.

Further, the obligation on the Subscriber to pay further Service access or subscription payments shall cease.

Software License

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to anticipate.life are held by anticipate.life and/or its licensors.

Subject to Users’ compliance with and not withstanding any divergent provision of these Terms and Conditions, anticipate.life merely grants Users a revocable, non-exclusive, non-sub-licensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of anticipate.life and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation related thereto is anticipate.life’s and/or its licensors’ sole property.

All rights and license granted to Users specific to aSubscriber shall immediately terminate upon any termination, cancellation or expiration of a Subscriber’s account.

Terms and Condition of Sale

Service

The Service to Subscribers provided by anticipate.life is provided on the basis of payment, both initially and on an ongoing monthlr annualiption basis.

The fees, duration and conditions applicable to the purchase of the Service are described below and in the dedicated sections of anticipate.life.

To access the Service, Users must register as a Subscriber or log into anticipate.life as an existing Subscriber.

Service description

Service access payment details, descriptions or availability of the Service are outlined in the respective sections of anticipate.life’s Terms and Conditions and are subject to change without notice.

While anticipate.life aims to provide the Service with the greatest accuracy technically possible, representation on anticipate.life through any means (including, as the case may be, graphic material, images, colours or sounds) is for reference only and implies no warranty as to the characteristics of the Service.

The characteristics of the Service will be outlined during the purchasing process and in the Agreement entered into between anticipate.life and the Subscriber.

Purchasing process

Any steps taken to access the Service form part of the purchasing process.

The purchasing process includes these steps:

  • Users must inform themselves about the Service and its applicability to their own particular circumstances and needs before verifying their purchase selection; and
  • after reviewing the information displayed in the purchase selection, Users may place the order to use the Service by submitting the order page.

Order submission

When a user subscribes to the Service, the following applies:

  • the submission of a subscription order determines contract conclusion and therefore creates for the User the obligation to pay the Service access payments, taxes and possible further fees and expenses, as specified on the order page, this obligation includes both the initial access payment and the ongoing monthly or annual continued Service access and subscription payments, as the Subscriber elects, continued Service access, subscription payments;
  • as the purchase of the Service requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to co-operate accordingly; and
  • upon submission of the order, Users will receive a receipt/invoice confirming that the order has been received and that they have been accepted, subject to these Terms and Conditions as a Subscriber.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

14-day Trial

Where a person accesses the Service on a 14-day trial basis, their obligation to pay the Service access payments, taxes and possible further fees and expenses, as specified on the order page, is waived for the period of the free trial:

At any time during or at the conclusion of the 14-day trial period, a person may

  • cancel the Service by pressing the cancel button, or
  • submit a subscription order and thereby create an obligation to pay the Service Access payments.

If a person cancels the Service prior to submitting a subscription order or fails to submit a subscription order at the end of the trial period then any information or data already stored by the person in the anticipate.life Application will be deleted 30 days from the earlier of the date of cancellation or expiry of the 14 day trial period and anticipate.life will have no obligation whatsoever to release or make available in any form any such information or data to any person including the person who accessed the Service on a free trial basis.

Service access payments

Users are informed during the purchasing process and before order submission, about all fees, taxes and costs that they will be charged, including both the initial access payment and the ongoing monthly or annual, as the Subscriber elects, continued Service access, subscription payments.

Service access payments on anticipate.life are displayed inclusive of any applicable fees, taxes and costs.

Unless otherwise stated, all fees, taxes and costs are stated in Australian dollars.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of the anticipate.life Terms and Conditions.

All payments are independently processed through third-party services.Therefore, anticipate.life does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. 

If payment through the available methods failr is refused by a payment service provider:

  • in the case of the first payment made by a subscriber, anticipate.life shall be under no obligation to fulfil the purchase order; or
  • in the case of an ongoing monthly or annual continued Service access, subscription payment, anticipate.life shall be under no obligation to continue to provide access to the Service.

Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

GST

Unless stated to be otherwise, charges referred to for any services supplied (or offered for supply) in any Australian jurisdiction by anticipate.life are stated inclusive of the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 or any relevant amended Act or replacement Act (GST). Where GST applies to any supply made to Subscribers, anticipate.life will deduct the applicable GST and issue Subscribers with a Tax Invoice. “Tax Invoice” means tax invoice as defined by A New Tax System (Goods and Services Tax) Act 1999 or any relevant amended Act or replacement Act.

Retention of usage rights

Users do not acquire any rights to access or use the Service until the initial subscription amount is received by anticipate.life. Similarly, ongoing access to and use of the Service is dependent upon the continued payment of the monthly, or annual, as the Subscriber elects, continued Service access, subscription payments by the Subscriber. 

Delivery

Performance of services

Access to the Service shall be made available once payment is confirmed.

Contract Duration

Subscriptions

The payment by Subscribers of monthly, or annual, as the Subscriber elects, continued Service access, subscription payments, as and when due, allows Subscribers to receive access to the Service continuously over a determined period of time.

Access to the Service begins on the day the initial payment is received by anticipate.life. In order to maintain access to the Service, Subscribers must pay the required recurring monthly or annual, continued Service access, subscription payment in a timely manner. Failure to meet the payment deadlines may cause interruption to theSubscriber’s access to the Service and may ultimately lead to termination of theSubscriber’s account

User Rights

Right of withdrawal

A Subscriber’s account with anticipate.life may be terminated by the Subscriber at any time for any reason and without justification by theSubscriber, by the Subscriber sending a clear and unambiguous notice to anticipate.life via the anticipate.life Contact Email Address expressing his or her wish to terminate the Service. Termination shall take effect 30 days after the notice of termination has been received by anticipate.life.  

Subscribers can learn more about the withdrawal conditions within this section.

Who the right of withdrawal applies to

Unless any applicable exception is mentioned below, Subscribers who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.

Subscribers that do not fit this qualification, cannot benefit from the rights described in this section.

Exercising the right of withdrawal

To exercise their right of withdrawal, Subscribers must send to anticipate.life via the anticipate.life Contact Email Address an unequivocal statement of their intention to withdraw from the contract.

In order to meet the deadline within which they can exercise such right, Subscribers must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

  • Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is first entered into, unless the Subscriber has waived the withdrawal right.
  • In case of purchase of a digital content not supplied in a tangible medium, the withdrawal period expires 14 days after the day that the contract is first entered into, unless the Subscriber has waived the withdrawal right.

Effects of withdrawal

Subscribers who correctly withdraw from a contract will be reimbursed by anticipate.life for any initial Subscription payment made to anticipate.life for the period in which the withdrawal takes place.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which anticipate.life is informed of the Subscriber’s decision to withdraw from the contract. Unless otherwise agreed with the Subscriber, reimbursements will bemade using the same means of payment as used to process the initial transaction. In any event, the Subscribers shall not incur any costs or fees as a result of such reimbursement.

Effects of withdrawal on the purchase of services

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Contractual withdrawal period extension

In addition, and without prejudice to the statutory right of withdrawal or any other statutory rights, including guarantee rights, anticipate.life grants Subscribers a contractual right to withdraw from the contract within 30 days. Subscribers can therefore withdraw from the contract even once the statutory withdrawal period has expired.

The contractual extension of the withdrawal period is subject to the same conditions stated for the statutory right of withdrawal, including those for determining the beginning and the end of the withdrawal period.

Liability and indemnification

Users may be viewing the material and information on the anticipate.life websites and/or social media pages in a jurisdiction or market in which anticipate.life does not currently operate. anticipate.life cannot be held responsible for non-compliance with any local advertising or consumer laws in relation to the material on anticipate.life’s websites, domains, social media pages, Application or Service in any such jurisdiction or market.

The distribution of information on anticipate.life’s websites, domains, social media pages or Application or the provision of the Service may be restricted by local law or regulation in certain jurisdictions. This information and the services anticipate.life offers are not intended for distribution to, or use by, any person or entity in such jurisdictions and persons accessing anticipate.life’s websites, domains, social media pages, Application or Serviceshould inform themselves about and observe any such restrictions. If Users are in any doubt as to whether anticipate.life’s websites, domains, social media pages, Application or Service can be lawfully used by Users, please discontinue use immediately and seek appropriate legal advice.

EU Users

Indemnification

The Subscriber agrees to indemnify and hold anticipate.life and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠—including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms and Conditions, infringement of any third-party rights or statutory provision by the Subscriber to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against anticipate.life (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as anticipate.life’s websites, domains, social media pages, Application and/or Service, have been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, anticipate.life shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

In particular, within the limits stated above, anticipate.life shall not be liable for:

  • any loss of business opportunities and any other loss, even indirect, that may be incurred by a User (such as, but not limited to, loss of assets or savings, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • damages or losses resulting from interruptions or malfunctions of anticipate.life due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of anticipate.life, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural  disasters, viruses and cyber-attacks, interruptions in the delivery of products, third-party services or applications; and/or
  • any losses that are not the direct consequence of a breach of the Terms and Conditions by anticipate.life.

Australian Users

Limitation of liability

Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which a User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, anticipate.life’s liability to a User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms and Conditions, is limited, at anticipate.life’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

United States of America Users

Disclaimer of Warranties

anticipate.life is provided strictly on an “as is ”and “as available” basis. Use of the anticipate.life websites, domains, social media pages, Application and Service is at Users’ own risk. To the maximum extent permitted by applicable law, anticipate.life expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by a User from anticipate.life or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, anticipate.life, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Application and Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through anticipate.life’s websites, domains, social media pages, Application and/or Service is downloaded at Users’ own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Subscribers’ use of the Service.

anticipate.life does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked websites or service, and anticipate.life shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. anticipate.life cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of the Service.

Federal law, some States, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from State to State. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall anticipate.life, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service;
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or Subscriber’s account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content, in particular, but not limited to, content uploaded or created by the Subscriber or a Subscriber Invitee;
  • personal injury or property damage, of any nature whatsoever, resulting from Subscriber, Subscriber Invitee and/or Subscriber Nominee access to or use of the Service or User access to the anticipate.life websites, domains or social  media pages;
  • any unauthorized access to or use of anticipate.life’s secure  servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • any defamatory, offensive, or illegal conduct of any User or third party. In no event shall anticipate.life, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by Subscribers to anticipate.life hereunder in the preceding 12 months, or the period of duration of this Agreement between anticipate.life and Subscriber, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if anticipate.life has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to User. The terms give User specificlegal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold anticipate.life and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against anyand all claims or demands, damages, obligations, losses, liabilities, costs ordebt, and expenses, including, but not limited to, legal fees and expenses, arising from:

  • Subscriber or Subscriber Invitee’s use of and access to the Service, including any data or content transmitted or received by the Subscriber or Subscriber’s Invitee;
  • Subscriber or Subscriber Invitee’s violation of these terms, including, but not limited to, the Subscriber or Subscriber Invitee’s breach of any of the representations and warranties set forth in these Terms and Conditions;
  • Subscriber or Subscriber Invitee’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • Subscriber or Subscriber Invitee’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from a Subscriber’s account, including third party access with Subscriber or Subscriber Invitee’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • Subscriber or Subscriber Invitee’s wilful misconduct; and/or
  • statutory provision by Subscribers or Subscriber Invitees to the extent allowed by applicable law.

Common provisions

No waiver

anticipate.life’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, anticipate.life reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Subscribers appropriately and to the extent practicable.

Within the limits of law, anticipate.life may also decide to suspend or terminate the Service altogether. If the Service is terminated, anticipate.life will cooperate with Subscribers to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside anticipate.life’s reasonable control, such as “force majeure” (e.g. labour actions, infrastructural breakdowns or blackouts, etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of anticipate.life’s websites, domains, social media pages or Application or its Service without anticipate.life’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy Policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of anticipate.life.

Intellectual property rights

Without prejudice to any more specific provision of these Terms and Conditions, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to anticipate.life are the exclusive property of anticipate.life or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with anticipate.life are, and remain, the exclusive property of anticipate.life or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms and Conditions

anticipate.life reserves the right to amend or otherwise modify these Terms and Conditions at any time. In such cases, anticipate.life will appropriately inform Subscribers of these changes.

Such changes will only affect the relationship with the Subscribers for the future.The continued use of the Service will signify the Subscribers’ acceptance ofthe revised Terms and Conditions. If Subscribers do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms and Conditions, may entitle either party to terminate the account of the Subscriber.

The applicable previous version of the Terms and Conditions will govern the relationship prior to the Subscribers’ acceptance. The Subscribers can obtain any previous version from anticipate.life. If required by applicable law, anticipate.life will specify the date by which the modified Terms and Conditions will enter into force.

Assignment of contract

anticipate.life reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms and Conditions, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms and Conditions will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms and Conditions in any way, without the prior written permission of anticipate.life.

Contacts

All communications relating to the use of the anticipate.life Application, Service, social media pages, domains or websites must be sent to anticipate.life via the anticipate.life Contact Email Address or the anticipate.life Chatbot.

Severability

Should any provision of these Terms and Conditions be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU Users

Should any provision of these Terms and Conditions be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms and Conditions shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

United States of America Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms and Conditions constitute the entire Agreement between Users and anticipate.life with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms and Conditions will be enforced tothe fullest extent permitted by law.

Law and Venue of jurisdiction

All material on anticipate.life’s websites, domains, social media pages, Application and Service is designed to comply with the laws of Western Australia, Australia and these terms and conditions are governed by and construed in accordance with those laws and Users irrevocably submit to the exclusive jurisdiction of the courts of the State of Western Australia. The material is primarily directed to Users in Australia and when Users use anticipate.life’s websites, domains, social media pages, Service and/or Application, Users accept that their use of the anticipate.life’s websites, domains, social media pages, Service and/or Application and any information therein, will also be governed by the laws ofWestern Australia and if any dispute arises from Users use of anticipate.life’s websites, domains, social media pages, Service and/or Application or any of the information on them, Users agree to submit to the exclusive jurisdiction of the courts of Western Australia.

Services described in anticipate.life’s websites, domains, social media pages, Application and Service are only available in the jurisdictions where anticipate.life is licensed or authorised by local law or regulation.

Exception for European Consumers

Regardless of the above, if a User qualifies as a European Consumer or is a Consumer based in Switzerland, Norway or Iceland and has his or her habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to anticipate.life who will try to resolve them amicably. While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of anticipate.life’s websites, domains, social media pages,  Application and/or the Service, Users are kindly asked to contact anticipate.life via the anticipate.life Contact Email Address.

The User may submit the complaint to anticipate.life by using the dedicated section of anticipate.life and following the instructions provided.

anticipate.life will process the request without undue delay and within 21 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.

Trial offer terms and conditions

By accessing this content and electing to take part in the anticipate.life trial offer, you are agreeing to the anticipate.life Terms and Conditions governing all Users, please familiarize yourself with the same.

These Trial Offer Terms and Conditions of usage encompass, but are not limited to:

  • trial offer subscribers entering into an agreement with anticipate.life to create a Subscriber account; and
  • providing all data or information required by anticipate.life in a complete and truthful manner.

Purpose of the anticipate.life Application

The purpose and function of the anticipate.life Application and Service is to allow an anticipate.life Subscriber to securely store and share, in a structured way, content uploaded by the Subscriber or by a Subscriber Invitee and to provide access to such content, in a convenient, controlled and secure manner, as and when required by that Subscriber, or by a Subscriber Invitee or by a Subscriber Nominee and thereby assist and facilitate the Subscriber’s end-of-life planning. For explanation of the terms “Subscriber”, “Subscriber Invitee” and “Subscriber Nominee”, please see the anticipate.life Terms and Conditions.

Validity

The provision of anticipate.life Subscriber Services is currently available in Australia and on limited release outside of this country, and Subscribers must be natural/physical persons 18 years of age or older must be natural/physical persons 18 years of age or older.

14-day Trial period offer

This 14-day trial period offer is personal and non-transferable and, no allowances or extensions to the offer will apply. The trial period offer cannot be used in conjunction with any other offer. The trial period offer is not open to current or previous anticipate.life subscribers.  The trial period offer may be changed at any time.

Payment

Subscriptionos can be paid for in advance 52 weeks by credit/debit/charge card, or a continuous monthly payment Subscription can be taken out by Direct Debit or Continous Card Authority. A bank account is required for Direct Debit subscriptions. If you choose to pay annually, you'll save 20% compared to paying monthly.

Fixed Term

If you choose to pay on a fixed 52 weeks term basis, subject to the initial 14-day trial period, you must pay 52 weeks in advance by following the purchasing process in the anticipate.life Terms and Conditions.

Direct Debit

If you choose to pay for your monthly subscription by direct debit (DD) you can do so by following the purchasing process in the anticipate.life Terms and Conditions. The subscription is deemed continuous, and you will be charged every month.

Continous Card Authority

If you choose to pay for your subscription by continuous card authority, your debit/credit card will be charged each month. Your subscription will be deemed continue until you cancel, which must be in line with the procedures below. If the price of your subscription increases, you will be given notice, as outlined in the anticipate.life Terms and Conditions.

Account Termination

If you are not completely satisfied or decide the anticipate.life is not for you, you may cancel your subscription (having chosen any method of payment) at any time during th first 14 days by pressing the cancel button located within th adjust plan section. Detailed information on this processs is available via the Chatbot.

Complaints

If you have any complaints, about how we have dealt with the provision of you anticipate.life trial offer, or have any queries, please contact us as per below.

Contact Us

You can contact us using the Contact Email Address; which is care@anticipate.life or via the Chatbot located in the bottom right-hand side of all screens on our website or application.

Data Protection

Full details of how we hold and process your information can be found in our Privacy and Cookies Policy.

Anticipate.life trial offer benefits.

As noted in the 14-day Trial section above, by participating in an anticipate.life trial your obligation to pay the Service access payments, taxes and possible further fees and expenses, as specified on your order page, is waived for the duration of the trial period.

Subject to this, the offer gives you the same controlled access to subscriber only content and benefits on the anticipate.life Application and Service as full subscribers.

Definitions and legal references

Anticipate.life (or this Application)

This property that enables the provision of the Service.

Agreement

Any legal binding or contractual relationship between the Owner and the User, governed by these Terms.

European (or Europe)

Applies where a User is physically present within the EU, regardless of nationality.

Anticipate Life

Anticipate Life Pty Ltd 10/1 The Esplanade Mt Pleasant WA 6153
care@anticipate.life

We

Indicates the natural person(s) or legal entity that provides anticipate.lifes websites, domains, social media pages, Application and/or the Service to Users.

Product

A service available for purchase through anticipate.life
The sale of Products may be part of the Services.

Service

The service provided by anticipate.life as described in these Terms and Conditions.

Terms

All provisions applicable to the use of anticipate.life and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

Users (or You)

Indicates any natural/physcial person using anticipate.life's website, domains, social media pages, Application and/or the Service.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

Latest updated 1 August 2021