Terms and Conditions

1. Introduction and Acceptance

Welcome to Down Under Vault ("we", "us", or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Down Under Vault web application and related services (collectively, the "Service").

Down Under Vault is a digital estate inventory platform that allows you to organise information about your valuables, assets, and important documents, and designate trusted individuals to receive access to this information under specified conditions.

By creating an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

These Terms constitute a legally binding agreement between you and Down Under Vault Pty Ltd, an Australian company operating under the laws of Australia.

2. Eligibility

To use the Service, you must:

• Be at least 18 years of age;
• Have the legal capacity to enter into a binding contract;
• Not be prohibited from using the Service under applicable laws; and
• Provide accurate and complete registration information.

By using the Service, you represent and warrant that you meet all eligibility requirements.

3. Account Registration

To access the Service, you must create an account by providing your full name, email address, and creating a password. You may also provide a mobile phone number for Check-In notifications.

You agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your account information;
• Maintain the security and confidentiality of your password;
• Accept responsibility for all activities that occur under your account;
• Notify us immediately of any unauthorised access or security breach; and
• Not create more than one account per person.

We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.

4. Service Description

Down Under Vault provides the following features:

4.1 Vault Management

The Service allows you to create and manage a digital vault containing information about your possessions, financial assets, property, and important documents. You can add descriptions, locations, instructions, and file attachments to each item.

4.2 People and Nominee Management

You can designate trusted individuals ("Nominees") to receive access to specific items in your vault. Nominees may be assigned roles such as Executor, Recipient, or Viewer, each with different access permissions.

4.3 Check-In System

The Service includes an optional Check-In system that periodically requests confirmation of your wellbeing. If you fail to respond to Check-In requests within the configured escalation period, your vault contents may be released to your designated Nominees.

4.4 Delegate Access

You may grant temporary delegate access to trusted individuals to manage your vault on your behalf.

5. User Responsibilities

As a user of the Service, you are responsible for:

• Keeping your vault information accurate, current, and complete;
• Responding to Check-In requests in a timely manner to prevent unintended vault releases;
• Ensuring your designated Nominees' contact information is accurate;
• Informing your Nominees that they have been designated in your vault;
• Using the Service only for lawful purposes;
• Not uploading malicious content, malware, or illegal materials;
• Not using the Service to harass, threaten, or harm others;
• Not attempting to circumvent security measures or access other users' data; and
• Complying with all applicable laws and regulations.

6. Check-In System

The Check-In system is designed to verify your continued wellbeing and control over your vault. When enabled, you will receive periodic requests via email and/or SMS to confirm you are well.

6.1 Escalation Process

If you do not respond to Check-In requests, the system will escalate through multiple reminder stages over a configurable period (default 14 days). The typical escalation timeline is:

• Day 0: Initial SMS notification
• Day 3: Email reminder
• Day 7: Email warning
• Day 10: Final SMS warning
• Day 14: Vault access released to Nominees

6.2 Vault Release

If you fail to respond within the escalation period, your designated Nominees will be notified and granted access to their assigned items. You can configure the Check-In frequency and pause Check-Ins during periods of travel or illness.

6.3 Your Control

You retain full control over the Check-In system and can disable it at any time. You can also revoke Nominee access after a vault release if you subsequently Check-In.

7. Nominee Relationships

7.1 Invitation Process

When you add a Nominee and choose to notify them, we will send them an invitation on your behalf. Nominees may accept or decline invitations. We comply with the Australian Spam Act 2003 when contacting Nominees.

7.2 Nominee Privacy

Your Nominees' contact information is stored securely and used only for the purposes of the Service. Nominees can only view items specifically assigned to them and cannot see other Nominees or their assignments.

7.3 Access Limitations

Nominee access is limited to viewing assigned items after vault release. Nominees cannot modify vault contents or access administrative functions.

7.4 Revocation

You may revoke Nominee access at any time, including after a vault release. Revoked Nominees will immediately lose access to your vault contents.

8. Delegate Access

The delegate feature allows you to grant temporary access to trusted individuals to manage your vault on your behalf. Delegates operate under your authority and their actions are logged for your review.

You acknowledge that:

• Delegates can view and modify vault contents within their granted scope;
• You are responsible for the actions of your delegates;
• Delegate activity is logged and you can review these logs;
• You can revoke delegate access at any time; and
• Delegate access does not automatically transfer to your Nominees.

9. File Attachments

9.1 Storage Limits

Each vault has a storage limit of 1 gigabyte (1GB) for file attachments. Individual files are limited to 25 megabytes (25MB) each.

9.2 Acceptable Content

You may upload documents, images, and other files relevant to your estate inventory. Acceptable file types include common document formats (PDF, Word, Excel), images (JPEG, PNG, GIF, WebP, HEIC), and archive files (ZIP).

9.3 Malware Scanning

All uploaded files are automatically scanned for malware. Files identified as malicious will be quarantined and you will be notified.

9.4 Prohibited Content

You must not upload:

• Malware, viruses, or malicious code;
• Executable files or scripts;
• Illegal content or content that violates others' rights;
• Content that infringes intellectual property rights; or
• Obscene, defamatory, or harmful content.

10. Intellectual Property

10.1 Your Content

You retain ownership of all content you upload to the Service ("Your Content"). By uploading content, you grant us a limited licence to store, process, and display Your Content as necessary to provide the Service.

10.2 Our Platform

The Service, including its design, features, code, and branding, is owned by Down Under Messages and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service without our written permission.

10.3 Feedback

If you provide suggestions or feedback about the Service, we may use this feedback without obligation to compensate you.

11. Privacy and Data

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms.

Key points:

• Your data is stored on Australian servers (AWS Sydney region, ap-southeast-2);
• All data is encrypted at rest and in transit;
• We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles;
• We do not sell your personal information; and
• You can request access to, correction, or deletion of your data.

12. Australian Consumer Law

If you are a consumer under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), you have certain rights and remedies that cannot be excluded, restricted, or modified by these Terms.

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Australian Consumer Law or any other applicable consumer protection legislation.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract and receive a refund for the unused portion. You are also entitled to choose a refund or replacement for major failures with goods.

13. Limitation of Liability

To the maximum extent permitted by law, and subject to Section 12 (Australian Consumer Law):

13.1 Service Availability

We do not guarantee that the Service will be uninterrupted, error-free, or available at all times. We may perform maintenance or updates that temporarily affect availability.

13.2 Data Accuracy

You are responsible for the accuracy of the information you provide. We are not liable for errors in Your Content or decisions made based on Your Content.

13.3 Third-Party Services

We are not responsible for third-party services, including payment processors, cloud infrastructure providers, or communication services.

13.4 Maximum Liability

Our maximum aggregate liability for any claims arising from your use of the Service shall not exceed the amount you have paid us in the twelve (12) months preceding the claim, or AUD $100, whichever is greater.

13.5 Exclusion of Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Service.

14. Indemnification

You agree to indemnify, defend, and hold harmless Down Under Vault, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service;
• Your violation of these Terms;
• Your violation of any third-party rights;
• Your Content; or
• Your negligent or wrongful conduct.

15. Termination

15.1 Termination by You

You may close your account at any time through the account settings. Upon closure, your vault data will be deleted in accordance with our data retention policy.

15.2 Termination by Us

We may suspend or terminate your account if you violate these Terms, engage in fraudulent or illegal activity, or fail to pay applicable fees. We will provide reasonable notice where practicable.

15.3 Effect of Termination

Upon termination, your access to the Service will cease. Sections of these Terms that by their nature should survive termination (including intellectual property, limitation of liability, and indemnification) will continue to apply.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through the Service at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and close your account.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Queensland, Australia, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

Before commencing legal proceedings, you agree to attempt to resolve any dispute through good faith negotiation. If the dispute cannot be resolved within 30 days, either party may commence formal proceedings.

18. Contact Information

If you have questions about these Terms or the Service, please contact us:

• Email: legal@downundervault.com
• Website: Contact Form

We aim to respond to all enquiries within 5 business days.