Inherit Australia - Terms of use

Inherit lawyer softeware access agreement ( updated July 2025)

SOFTWARE ACCESS AGREEMENT

For Inherit Lawyer

BETWEEN

TBD

(“Inherit lawyer”)

-and-

Inherit. Legal Pty Ltd

trading as

INHERIT AUSTRALIA

(“Inherit”)

THIS AGREEMENT is made on the TBD day of TBD TBD

BETWEEN

The Party described as the Inherit panel lawyer

in Item 1 of Schedule 1 (“Inherit lawyer”)

AND

The Party described as Inherit

set out in Item 2 of the Schedule 1 (“Inherit”)

RECITALS:

A Inherit is in the business of providing online software solutions to assist Lawyers to provide estate planning services to their clients, including the facilitation of related Legal Services.

B. The Inherit lawyer has requested or been invited to use the Inherit website for the purposes of providing Legal Services to clients of the Inherit lawyer or clients of a Non lawyer Adviser.

C. Inherit has agreed to provide the Inherit lawyer access to the Inherit website on the following terms and conditions.

IT IS AGREED:

1. INTERPRETATION

1.1 Unless otherwise required by the context or subject matter, in this Agreement:

“Non-lawyer Adviser(s)” means the Financial Advisers, Accountants or other professional persons who use the Inherit Services on the Inherit website.

“Adviser services” means the Inherit Lawyer’s provision of Legal Services to clients of a Non-Lawyer Adviser with the support and use of the Inherit services.

“Client” means a client of the Inherit Lawyer or the Non-Lawyer Adviser.

“Client information” means information about the client, their family, testamentary wishes, estate planning objectives and financial circumstances.

“Confidential Information” means all information, whether oral, electronic or in writing, relating to the business, affairs, technology, systems, software, Intellectual Property Rights, pricing, finances, strategies, clients or suppliers of Inherit, including the Inherit IP and any information that is by its nature confidential or is designated as confidential;

“Commencement Date” means the date this Agreement is executed by the Inherit lawyer by means of execution.

“Estate planning document” means any testamentary or other document created from the Inherit website.

“Estate planning Services” means the provision of an estate planning document or other legal document(s) and Legal Services concerning a client's testamentary goals and objectives involving their estate and non estate assets.

“Inherit IP” means all the intellectual property held by Inherit in the Inherit website, including, without limitation to, the following items the Inherit website logos, branding, format and layout, legal documents produced from the Inherit website for use by the Inherit Lawyer, AI bot questions and workflow narrative, help guides, educational material and the identity of lawyers listed on the Lawyer Panel, including their associated branding, artwork educational material and otherwise the systems and processes of the Inherit website made available by Inherit to the Inherit lawyer or the Non lawyer Adviser to enable the Inherit lawyer to deliver Legal Services.

“Inherit Services” means the services provided by Inherit to non-lawyer advisers seeking to offer estate planning facilitation services to their clients, including but not limited to access to the Inherit website, the Inherit IP, access to the Inherit lawyer via the Inherit website and other lawyers registered on the lawyer panel.

“Inherit Lawyer fee” means the fee(s) and charge(s) applicable to the Inherit lawyer’s access and use of the Inherit website, advertised on the Inherit Australia website ( “packages and pricing”), and as set out below, which, as at the date of this agreement, means:

For PAYG ( pay as you go access): $200 plus GST per accepted estate plan quote or 10% of the Inherit lawyer’s accepted estate planning quote ( plus GST) , whichever is the higher, in respect of the use of the inherit website for either clients of the Inherit lawyer or clients of the non-Inherit lawyer; or

For subscription pricing: the monthly fee applicable for “essentials”, “intermediate” and “advanced” packages as set out on the Inherit website, as varied from time to time.

"Inherit user” means any person or entity, including the Inherit lawyer, a Non-Lawyer Adviser, a Client, or any employee, contractor or agent of the foregoing, who accesses or utilises the Inherit website or any Inherit Services, whether authorised or otherwise.

“Inherit website” means the website located at https://www.Inheritaustralia.com.au/ and the online estate planning facilitation platform, systems and processes, made available by Inherit to the Inherit user, post login.

“Lawyer Panel” means the panel of lawyers or legal firms listed on the Inherit website that are capable of receiving requests for Legal Services from Non-Lawyer Advisers registered on the Inherit website.

“Legal Services” means the provision of legal advice or legal documents (including those produced by Inherit for use by the Inherit Lawyer) to either the Inherit Lawyer’s clients or client(s) of the Non-Lawyer Adviser in respect of Estate Planning Services.

“Means of execution” means the Inherit lawyer‘s online review of this agreement, followed by the Inherit lawyer’s affirmative selection of the checkbox and submission of:“ I agree to the terms and conditions of this Software Access Agreement” on the Inherit website.

“Party” means a party to this Agreement, and a reference to a Party includes its executors, administrator’s, successors and permitted assigns and substitutes and a related party.

“Privacy code” means the privacy code of conduct and the Australian Privacy Principles made under the Privacy Act 1988 as amended from time to time.

“Related party” means a related party as defined under section 228 of the Corporations Act 2001 of the Inherit lawyer.

“User login” means login access granted by Inherit to the Inherit lawyer, its employees or a related party of the Inherit lawyer on the Inherit website.

1.2 The singular includes the plural and vice versa, and words importing a gender include other genders.

1.3 Other grammatical forms of defined words or expressions have corresponding meanings.

1.4 A reference:

(i) to this Agreement includes the Recitals, Schedules and Annexures to this Agreement;

(ii) to A$, $A, dollar or $ is to Australian currency;

(iii) to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity; and

(iv) to any agreement or instrument shall be deemed to include references to such agreement or instrument as amended, novated, supplemented or replaced from time to time.

1.5 If a covenant, undertaking, representation, warranty, indemnity or agreement is made or given by two or more parties, that covenant, undertaking, representation, warranty, indemnity or agreement is made or given and binds those parties jointly and severally.

2. ACCESS TO INHERIT WEBSITE

2.1 From the Commencement Date, and subject to this agreement, the Inherit lawyer shall be granted non-exclusive online access to the Inherit website and portal login access relevant to Lawyers accessing the website.

2.2 The Inherit lawyer may be admitted, having regard to the lawyer’s demonstrated expertise in estate planning and compliance with this Agreement, to the lawyer Panel for the purposes of receiving referral of estate planning work and providing legal services to clients of Non-lawyer Advisers. The Inherit lawyer’s admission to the lawyer panel shall be at the sole discretion of Inherit. There is no additional fee for participating on the lawyer panel.

2.3 At the commencement date, the Inherit lawyer’s access to the Inherit website and/or the Lawyer Panel shall be subject to a 14-day free trial and thereafter payment of the Inherit Lawyer fee via payment from either a nominated credit card or periodic debit authority. The Inherit lawyer acknowledges and agrees that Inherit will process payment of the Inherit Lawyer fee after the 14-day free trial period, unless, within the trial period, the Inherit lawyer advises Inherit that they no longer wish to continue with access to the Inherit website. The Inherit lawyer acknowledges that Inherit may vary the terms of access to the Inherit website and the Inherit lawyer’s fee on not less than 30 days’ written notice, provided that any new fee or charge applies only to future use after the notice period.

2.3.1 The Inherit lawyer shall be at liberty to amend or modify any document produced from the Inherit website as part of providing Legal Services and to rebrand that document.

2.5 The parties acknowledge and agree that the Inherit IP shall remain at all times the intellectual property of Inherit. The Inherit lawyer, its related Party, or its employee or agents shall not copy, reproduce, distribute, amend, disseminate or attempt to alter the Inherit IP or distribute confidential information with the intention or result of causing material financial loss or reputational damage to Inherit.

2.6 The Inherit lawyer acknowledges that Inherit shall be at liberty to decline any request for a user login and Inherit reserves the right to terminate any existing user login access if there is a breach of this agreement as Inherit, in its absolute and sole discretion, may determine. Inherit shall not be liable to the Inherit lawyer for any consequential loss or damage suffered by Inherit’s termination of this agreement.

3. OBLIGATIONS OF THE INHERIT LAWYER

3.1 In performing its obligations under this Agreement, the Inherit lawyer must at all times:

(i) comply with all applicable statutes, regulations and professional conduct rules in force in Australia and all codes of professional conduct or ethics applicable to the operation of its business and the provision of Legal Services;

(ii) use due care skill, and diligence in reviewing all information submitted to the Inherit lawyer and to ensure that it is complete and accurate;

(iii) act in a professional manner consistent with accepted legal practice standards that apply under the Uniform Legal Profession law;

(iv) Comply with the obligations under the Privacy code in respect of client information provided on the Inherit website and otherwise, keep confidential any client information and ensure that it has internal systems and processes that comply with the Australian Privacy Principles and any applicable Law Society cybersecurity guidelines to protect the privacy of client information;

(v) Promote through its website or other means of social media, and with its estate planning referral sources, its association with Inherit and the services provided by Inherit, without being bound to do so.

(vi) As much as is practicable, to communicate and engage with a non-lawyer adviser and a client of a non-lawyer adviser via the Inherit website.

(vii) The inherit lawyer acknowledges and agrees that if it is admitted to the lawyer panel, the Inherit Lawyer will:-

· When required, contribute and give feedback on the drafting of documents available on the Inherit website for use by all Inherit lawyers using the Inherit website;

· Provide information regarding the Inherit lawyers skills, experience, ability, qualifications and memberships and BIOs of all staff or employees of Inherit lawyer accessing the Inherit website;

· Assist in marketing initiatives by Inherit that promote the inherit website and which benefit all inherit lawyers on the inherit website, without being required to make a financial contribution.

· Collaborate and cooperate with other Inherit lawyers on the lawyer panel or which use the Inherit website.

3.2 The Inherit lawyer must not:

(i) Access, use or permit others to use or access the Inherit website other than to provide Legal Services to clients of the Inherit Lawyer or Non-Lawyer Advisers without the written consent of Inherit;

(ii) represent to any person (including a Client) that the Inherit lawyer acts on behalf of or as an agent of Inherit or another lawyer on the Lawyer Panel without the knowledge and consent of Inherit;

(iii) represent to any person (including a Client) that the Inherit lawyer has any other association, affiliation or relationship with Inherit, other than as specified in this Agreement;

(iv) publish or permit to be published any information contained in the Inherit website or any Inherit IP;

(v) reproduce, copy or disseminate the Inherit IP or in any way use the Inherit IP that causes loss to Inherit;

(vi) Encourage a client of a non-lawyer adviser referred to the Inherit lawyer via the Inherit website not to use the Inherit website to carry out Estate Planning Services

(vii) The Inherit lawyer must not, during the term and for 12 months after termination, solicit any Non-Lawyer Adviser or Client of a Non-Lawyer Adviser introduced through the Inherit website for the purpose of providing estate-planning services outside the Inherit platform, except with Inherit’s prior written consent.

3.3 While using the services of Inherit, the Inherit lawyer will follow and complete the systems and processes on the Inherit website or otherwise directed by Inherit before and after the the provision of a Legal service, including but not limited to:

(i) Inherit’s quoting system and process,

(ii) uploading of all estate planning documents and written communications (whether created on the inherit website or by the inherit lawyer personally) with the non-lawyer adviser or client of the non-lawyer adviser on the Inherit website,

(iii) uploading notes and other communications with the non-lawyer adviser or client of

the non-lawyer adviser on the Inherit website,

With the intent and purpose of ensuring a complete record and audit trail of all written communications and documents created between the Inherit lawyer, the non-lawyer adviser and the client of the non-lawyer adviser.

4 OBLIGATIONS OF INHERIT

4.1 In performing its obligations under this Agreement, Inherit shall at all times:

(i) use due care skill and diligence to protect the privacy of client information in accordance with its privacy policy;

(ii) act in a business-like and efficient manner;

(iii) Inherit will implement and maintain commercially reasonable administrative, physical and technical safeguards, consistent with accepted industry standards, to protect data stored on the Inherit website against unauthorised access, loss or corruption;

(iv) Reproduce or provide all available documents and information provided by an Adviser or a Client that is available to the Inherit lawyer on the Inherit website to be able to provide Legal Services.

5. LIABILITY FOR THE PROVISION OF LEGAL SERVICES

5.1 The Inherit lawyer agrees that while Inherit will provide for use by the Inherit lawyer, Wills powers of attorney and other testamentary documents via the Inherit website, the Inherit lawyer is responsible for the provision of legal services to its clients and clients of non lawyer advisers, including the documents uploaded onto the inherit website for access by the non-lawyer adviser or clients of the non-lawyer adviser.

5.2 The Inherit lawyer indemnifies Inherit and its Related Bodies Corporate, directors, officers, employees and agents against all losses, liabilities, costs and expenses (including legal costs on a full indemnity basis) arising out of or in connection with:

(a) the provision of Legal Services;
(b) any breach of this Agreement by the Inherit lawyer causing any loss to inherit;
(c) any infringement or alleged infringement of the Intellectual Property Rights of any person; and
(d) any unauthorised disclosure, misuse or loss of Confidential Information or client data,

5.3 The indemnity granted under this clause will operate in respect of work performed for or behalf of each and every client of the Inherit Lawyer and a Non Lawyer Adviser ( or the Non Lawyer Adviser personally) for which the Inherit lawyer provides Legal Services and shall survive the termination of this Agreement.

6. TERM OF THE AGREEMENT

6.1 This Agreement will commence on the Commencement Date and will continue until terminated pursuant to clause 7.

6.2 This Agreement replaces and supersedes any previous agreement between the Parties.

7. TERMINATION

7.1 The Inherit lawyer may terminate this Agreement at any time, by written notice to Inherit if:

(i) Inherit has breached a material term or obligation of this Agreement;

(ii) any type of insolvency administrator is appointed in respect of the property or affairs of Inherit;

(iii) Inherit enters into or proposes to enter into any scheme, composition or arrangement with any of its creditors; and

(iv) Otherwise, upon 30 days written notice that it no longer wishes to use the Inherit website to provide Legal Services. The Inherit lawyer fee will be payable until the end of the 30 day notice period, calculated, pro rata.

7.2.1 Inherit may terminate this Agreement at any time, by written notice to the Inherit

lawyer if:

(i) the Inherit lawyer has breached a material term or obligation of this Agreement;

(ii) any type of insolvency administrator is appointed in respect of the property or affairs of the Inherit user. ;

(iii) the Inherit lawyer enters into or proposes to enter into any scheme, composition or arrangement with any of its creditors;

(iv) the Inherit lawyer fails to comply with Applicable Laws and all codes of professional conduct or ethics applicable to the Inherit lawyer in the performance of its obligations under this Agreement.

(v) The Inherit lawyer fails to use or access the Inherit website with an adviser login;

(vi) If Inherit, in its opinion and at its discretion, determines that the Inherit lawyer has engaged in conduct that, acting reasonably, Inherit considers has caused, or is likely to cause, material detriment to a Non-Lawyer Adviser, a Client or Inherit.

7.3 Upon termination of this Agreement for whatever reason, the Inherit lawyer must immediately cease using any Inherit IP.

7.4 The parties agree that the obligations of clause 3 shall survive the termination of this agreement.

8. MISCELLANEOUS

8.1 Completion and execution

The parties agree that the terms of this agreement constitute an offer by Inherit to permit the Inherit lawyer, access to the Inherit website. The Inherit lawyer’s acceptance of this offer and the creation of an agreement on the terms and conditions contained herein shall be effected by the means of execution.

Relationship between Parties

8.2 The Inherit lawyer acknowledges that the provision of any Legal Services will be an engagement between either the Inherit lawyer and their client or an engagement between the Inherit lawyer and a Non Lawyer Adviser or a client of a Non Lawyer Adviser that will be affected and managed via the systems and processes on the Inherit website in respect of the provision of Legal Services. The Inherit lawyer agrees that the acceptance of a quote for Legal Services and any variation thereof on the Inherit website shall constitute sufficient cost disclosure pursuant to the Legal profession Uniform law.

8.3 The Inherit lawyer agrees that it will not hold out, represent or imply in any way to any Client or to others that the Inherit lawyer is an officer, director, employee, agent, representative, partner, joint venture or affiliate of Inherit other than it is an Inherit lawyer on the Inherit Website or Lawyer Panel.

8.4 The Inherit lawyer will not represent or imply in any way that Inherit and the Inherit lawyer are affiliated or that Inherit endorses, recommends or sponsors the Inherit lawyer or its professional services other than being listed on the Inherit website.

8.5 This Agreement does not create a employment, agency, or partnership relationship between the parties.

8.6 The person completing this agreement on behalf of the Inherit lawyer represents that they have the authority to bind the Inherit lawyer to this agreement.

8.7 Assignment

None of the rights of a Party under this Agreement may be assigned or transferred without the consent of the other Party.

8.8 Non-transferrable

The Inherit panel lawyer’s right of access to the Inherit website is non-transferable, non-exclusive and not capable of creating a sub-license.

8.9 Notice

A notice, demand, consent or authority given or made to a party must be:

(i) in writing;

(ii) given or made by:

(a) delivering it to that person personally;

(b) addressing it to that person and either leaving it at or posting it to, the address of that person appearing in the Schedule to this Agreement or any other address nominated by that person by notice to the person giving the notice;

(c) sending the notice by email to the email address appearing in the Schedule to this Agreement or any other email address nominated by that person by notice to the person giving the notice; and

(iii) deemed to be given or made:

(a) if by leaving it at the address of that person, when left at that address, or if left at the address on a day that is not a Business Day, on the next Business Day;

(b) if by post, on the second Business Day following the date of posting;

(c) if by facsimile, on the day that the person sending the facsimile receives a confirmation of the successful transmission of the facsimile, and if this is not a Business Day then on the next Business Day; and

(d) if by email, on the day that the person sending the email receives a confirmation of the successful transmission of the email, and if this is not a Business Day then on the next Business Day.

8.9 Dispute Resolution

If any dispute arises between the Parties as to the construction of this Agreement, anything contained in or arising out of this Agreement or the rights, obligations, duties or liabilities of a Party which cannot be resolved between the Parties, any Party to the dispute may refer the matter to arbitration in accordance with the provisions of the Commercial Arbitration Act 1985.

The Parties acknowledge that any Party is permitted to engage legal representation in any arbitration arising under this clause.

8.10 Variation

No variation or amendment of any provision of this Agreement will be effectual unless made in writing and signed by all the Parties.

8.11 Waiver

(i) any waiver of any provision or consent given by any Party in respect of this Agreement is effective only if it is in writing and for the express purpose for which it is given;

(i) no default or delay by any Party in exercising any right, power or privilege under this Agreement is to be construed as a waiver of that right, power or privilege. A single or partial exercise by any Party of any of its rights, powers or privileges under this Agreement is not to preclude any other or further exercise of the same.

8.12 Proper Law

This Agreement is governed by and to be interpreted in accordance with the laws of Victoria, and each Party submits to the exclusive jurisdiction of the courts of or exercising jurisdiction in Victoria.

8.13 Entire Agreement

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement.

8.14 Further Assurances

The Parties will execute and do and will not omit or refrain from doing all acts and things necessary or desirable to implement and give full effect to the provisions and purpose of this Agreement.

8.15 Severability

Any provision of this Agreement, that is unenforceable in a jurisdiction is ineffective to the extent of the unenforceability, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of the provision in another jurisdiction.

9. GST

9.1 In this clause:

(i) ‘GST’, ‘Registered’, ‘supply’, ‘tax invoice’ and any other expression used that is defined in the GST Law has the meaning given to that term under the GST Law.

9.3 Where pursuant to the GST Law, any supply to be made by a party (‘Supplier’) to another party (‘Recipient’) under or in connection with this Agreement, is subject to GST (other than a supply the consideration for which is specifically described in this Agreement as GST-inclusive) then:

(c) a reference to the consideration payable for a supply includes the value of any non-monetary consideration for the supply.

SCHEDULE 1

Item 1 – Inherit lawyer

Name: TBD

ABN: TBD

Address:

Phone Number: TBD

Email: TBD

Contact: TBD

Item 2 – Inherit

Name: Inherit.legal Pty Ltd ACN 649 488 808, trading as Inherit Australia

Address: 22A Milgate Drive Mornington, Victoria

Phone Number: 03 5976 6500

Facsimile Number: 03 5976 4926

Email: accounts@inheritaustralia.com.au

ACCEPTED BY THE INHERIT LAWYER AS AN AGREEMENT IN ACCORDANCE WITH THE MEANS OF EXECUTION

Document version 3.0, Updated 20/07/2022