Terms and conditions

This website is operated by ARJEM PTY LTD ABN 42 000 762 952 trading as My Personal Information Record (referred to as we/us/our). Please read all of the important information below as they form the terms and conditions of using this Website. If you do not agree to these terms and conditions, please do not continue using this Website. 

What is My Personal Information Record? 

My Personal Information Record is a fillable PDF form to store private information, assist with day-to-day living and ultimately to assist with Wills administration. This PDF form can be used by anyone who needs to record in one document such personal details as will assist their family or carer in the event of a health occurrence which results in their inability to look after themselves, or in the event of their unexpected death. 

The author of this fillable PDF form is Rodney James Mason. He has composed this PDF form, drawing from his 50 years of experience as an Accountant in Public Practice. 

Definitions  

In these terms and conditions:

  1. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth). 
  2. Customer or You/Your means a sole trader, partnership, company, trust, institution or government body, its related entities and affiliates or assignees that orders Goods from us.
  3. Goods means the fillable PDF form, My Personal Information Record.
  4. Terms means these terms and conditions. 
  5. Website means the website located at mypersonalinformationrecord.com.au

Application of these terms and conditions

  1. These terms and conditions (Terms) apply in relation to any Goods we sell you and overrides any inconsistent terms or conditions in any purchase orders or other documents you use (unless we specifically sign a document agreeing otherwise). 
  2. You accept these Terms by placing an order with us.

Application of the Australian Consumer Law

  1. If you are a consumer under the Australian Consumer Law, the Australian Consumer Law applies to the extent that it is inconsistent with these Terms. 
  2. If there is a minor problem with your Goods (as defined in the Australian Consumer Law) we may replace the Goods instead of offering you a refund.
  3. If there is a major problem with the Goods, a refund or a replacement may be available.

Purchasing Goods 

  1. You may order Goods from us by accessing our website, making your Goods selection, completing the Order Form then paying in full via whichever method you choose. Our objective is that your Goods will be emailed to your nominated email address or posted for delivery to your nominated postal address no later than the close of business on the next working day. After the Goods leave our website or are posted for delivery, we will have no access whatsoever to those Goods. 
  2. Any order placed is an offer by you to purchase each particular Good in accordance with these Terms, and we reserve the right to accept or reject an order you make for any reason.
  3. We may cancel your order at any time and for whatever reason. If we do so, we will notify you via email about this change and we will give you a full refund of any monies that you have paid for the unfulfilled order.
  4. Refunds will be made in the form of the original payment. 
  5. Goods may not be purchased from us for re-sale. 

Pricing Errors

  1. We reserve the right to amend any pricing errors displayed due to human error, computer malfunction or any other reason. 

Availability of Goods

  1. You acknowledge and agree that from time to time, the Goods on the Website may be unavailable and we may not be able to fulfil all or part of your order. If this occurs, we will at our complete discretion use reasonable endeavours to either source the Goods or contact you within a reasonable time to either arrange a full or partial refund or change your order to replace or exchange the Goods with a comparable Good in a similar price range (where available) as agreed with you or otherwise reach an alternative arrangement.

Price and GST

  1. The quoted prices for the Goods are in Australian dollars, and where applicable, they are inclusive of Goods and Services Tax (GST). 
  2. You agree to pay the stated price (and any applicable charges and taxes) in Australian Dollars for all orders.
  3. You must pay GST if it is applicable at the same time and in the same manner as the consideration for the Goods. 
  4. We reserve the right to change the prices of our Goods at any time without notice. However, the price displayed at the time you place your order will continue to apply to you even if the price changes before your order is accepted by us.

Payment terms

  1. We accept payment via VISA, MasterCard and Paypal. We reserve the right to change our mode of payment at any time. 
  2. Unless otherwise agreed, you must pay for the Goods in advance, and we will not deliver the Goods until payment has been received. 
  3. To the extent permitted by law, we will not be held liable and responsible for any damages or consequential loss (whether direct or indirect) suffered by you as a result of any credit card fraud.
  4. We will not be held liable or responsible for any additional charges imposed by your credit card provider or bank, especially in the case where your purchase involves foreign exchange transactions.
  5. If your payment is not received in full or declined by your bank or credit card issuer, we cannot hold Goods against your order.

Access to Goods  

  1. Refer to 3. Purchasing Goods para (a) above for details 

Your obligations 

  1. You cannot transfer the Goods to, or share the Goods with, any third-party. 
  2. You agree not to copy, distribute, reproduce or communicate the Goods or parts thereof that are made available to you. The Goods are only for your personal and non-commercial use. 
  3. If we become aware that you have shared, copied, distributed, reproduced or communicated the Goods or parts thereof, then we reserve the right to take action against you. 
  4. You are responsible for ensuring you have access to required hardware and software to access the Goods. 
  5. You are responsible for maintaining the security of the Goods and personally identifiable information.

Disclaimer in relation to the Goods 

  1. Every effort has been made to make sure the contents of the Goods are current and up-to-date. The contents of the Goods are not extensive nor exhaustive and we cannot be held liable for any missing or outdated information. 
  2. The contents of the Goods do not constitute legal or financial advice and should not be relied upon as such. You must seek independent legal and/or financial advice that is tailored to suit your needs.
  3. We do not guarantee that you will achieve a particular result or outcome from using the Goods.

Details you provide us

  1. It is your responsibility to ensure that the information you provide, including your name, postal address, contact numbers and email address are correct. Please check any details carefully before submitting an order to us.
  2. You acknowledge and agree that we are not responsible for any loss or damage that you may suffer as a result of you providing incorrect information to us including, but not limited to, your name, delivery address, contact phone number or email address.

Warranty 

  1. We warrant that the Goods we deliver will: 
    1. match the description in the order form;
    2. be free of third party claims; and
    3. be of acceptable quality as defined in the Australian Consumer Law; 

Limitation of liability 

  1. Our Goods are developed to store private information, assist with day-to-day living and ultimately to assist with Will administration. 
  2. We will not be liable to you for any special, indirect, consequential or punitive damages, including but not limited to loss of profits, loss of business opportunities, or loss of goodwill, arising out of or related to these Terms, even if advised of the possibility of such damages.
  3. To the fullest extent permitted by law, and notwithstanding any other provisions of this Agreement, our aggregate liability under or in connection with these Terms, however arising (including by reason of tort, negligence, breach of contract or otherwise), shall not exceed the sum of all fees paid to us in respect of the relevant Goods giving rise to the liability.

Your use of this Website 

  1. You are provided with access to this Website for your personal use only. You may not, without our written permission, on-sell any information obtained from this Website, use any data mining robots or other extraction tools or metatag or mirror the Website. 
  2. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose your computer to the risk of viruses, malicious computer code or other forms of interference which may cause damage to your computer software and we take no responsibility for any interference or damage to your computer system that arises out of or in connection with your use of this Website.

Email list

  1. The email addresses we collect are only used internally for any notices related to the Goods on this Website.
  2. We respect your privacy rights and will not sell or rent your email address to other companies. If you would like to be removed from our email list you can do so by unsubscribing at the bottom of the emails sent to you.

Intellectual property rights

  1. All intellectual property rights in the Goods, Website and other materials created by us will vest absolutely and automatically on creation, and remain thereafter, in us. You must not reproduce, store, adapt, distribute, display, publish, or create similar works from them.
  2. Upon the purchase of Goods from us, we will grant you a non-exclusive, non-transferrable, non-shareable, royalty-free and non-sublicensable licence to you in the Goods. This aforementioned licence is for your personal use only. You cannot sub-license it to a third-party.

Acceptable use

  1. When you access the Website, we will grant you a limited, non-exclusive, personal, non-transferrable, non-shareable, non-sublicensable, revocable licence to access and use the Website pursuant to these Terms and any additional terms and conditions set forth by us from time to time. 
  2. You may access the website on your desktop, laptop or pad style Android or Apple device. However it is recommended that only desktops or laptops be used as smaller devices do not have screens large enough to comfortably make longer entries where needed.

Restricted activities

  1. You agree not to:
    1. Reverse engineer, extract, decompile, modify, create derivative works of, or otherwise amend or alter the Website;
    2. Evade any security feature or functionality of the Website;
    3. Permit any third party to access or use the Website;
    4. Use any code or application that interferes with the working of the Website;
    5. Use the Website in any manner which is contrary to any Australian or International laws;
    6. Provide false information;
    7. On-sell any information obtained from the Website;
    8. Use any data mining robots or other extraction tools or metatag; or
    9. Mirror the Website.

Availability of this Website

  1. From time to time, down-time, either scheduled or unscheduled, may occur. We will endeavour to work within reason to ensure the amount of down-time is limited and will not be held liable for the consequences of any down-time.

Links to third-party websites

  1. This Website may contain links to other websites that are operated, controlled or produced by third parties. Unless stated otherwise, this Website does not control, endorse, sponsor or approve any such third-party websites or their contents nor are we liable for any loss or damage that you may suffer as a result of your visits to any third-party websites.

Interference with this Website

  1. You must not make or attempt to modify, add, remove, hack, deface or otherwise interfere with this Website or to any material or content posted on this Website. 

Testimonials

  1. Any review or other matter that could be regarded as a testimonial or endorsement about any Goods does not constitute a guarantee, warranty, or prediction regarding the outcome of any use of such Goods and you acknowledge that testimonials represent the anecdotal experience of individual consumers.

Variations 

  1. We may vary these Terms by giving you written notice at any time. The variation will only affect future orders. 

Jurisdiction and governing law

  1. These Terms are governed by the laws of the State of New South Wales, Australia. 

Events which are out of our control 

  1. We shall not be held liable and responsible for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.

Severability 

  1. Any provision in these Terms which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. Otherwise, any provision in these Terms which is invalid or unenforceable in any jurisdiction is to be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms. 

Disclaimer

  1. You acknowledge and agree that, to the extent permissible at law, this Website and all content appearing on it are provided on an “as is” and “as available” basis, without warranties of any kind. Further, images of the Goods displayed on this Website are for illustrative purposes only and sizes and dimensions may vary in real life. Please ensure that you therefore read the corresponding description of any item before purchasing it. 
  2. To the extent permissible at law, we exclude liability for any loss, damage or injury however caused (including through negligence), which you may suffer in connection with your use of this Website, or any other linked website and take no responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this Website. We also exclude liability in respect of mistakes or inaccuracies on the Website, any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers, bugs, viruses, Trojan horses or other harmful code which may be transmitted to or through our Website by a third party or any interruption or cessation of transmission from our Website.

General provisions

  1. If we do not take any action with respect to any breach by you or others of these Terms, this does not waive our rights to take action with respect to subsequent or similar breaches. Further, if any part of these Terms is found to be void, unlawful or unenforceable for any reason, then that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining clauses. In the event that we merge, sell or otherwise change control of our business or this Website, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or user content that you have provided to us.

These Terms were last modified on 8 June 2022.