Terms of Use and Privacy Statement

​These Terms of Use and Privacy Statement (the "Terms") govern your use of and subscription to BRIEFCASE Pte Ltd's ("BRIEFCASE", "our", "we", "us") confidential physical document storage services (the "Services").

​By subscribing to the Services and submitting your payment information, you agree to these Terms as updated from time to time.
 
A. Ownership of Documents

1. You own or have the right to store all of the content and documentation provided to BRIEFCASE for storage (the "Documents"). We do not, and shall not, own, nor have any claim to ownership of, the Documents.
2. You grant express permission for us to release the Documents to: (i) you in person and upon verification of your identity; (ii) your lawyers and executors after your death, upon verification of their identities and proof of your death; (iii) an attorney or donee lawfully empowered under a Power of Attorney or Lasting Power of Attorney and upon verification of their powers and identities; and (iv) where required by law or by any government body, statutory board, regulatory agency, tax authority, or court of competent jurisdiction, to which you are subject.

 
B. Contents of Documents
You are strictly prohibited from storing or submitting for storage with BRIEFCASE any Documents that:

1. infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
2. violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
3. are fraudulent, false, misleading or deceptive;
4. are defamatory, obscene, pornographic, vulgar or offensive;
5. promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
6. are violent or threatening or promote violence or actions that are threatening to any other person; or
7. promote illegal or harmful activities or substances.

(collectively, the "Prohibited Activities")

In the event that we discover your involvement in the Prohibited Activities, whether in the past or ongoing, we reserve the right to immediately suspend or terminate your subscription with us, report the Prohibited Activities to the relevant authorities, and commence actions against you for claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of the Prohibited Activities. No failure or delay by us in exercising any right, power or remedy against you will operate as a waiver.
 
C. Confidentiality

1. Subject to the exceptions at Clause C(2) below, we shall not disclose any information to any party about the Documents, including details relating to: (i) the identity of you or any BRIEFCASE user; (ii) confirmation about whether you or any BRIEFCASE user is or has ever been a BRIEFCASE subscriber; and (iii) the quantity, nature, or contents of Documents.
2. Notwithstanding Clause C(1) above, we may disclose information about you and the Documents in the following situations: (i) to you in person and upon verification of your identity; (ii) after your passing, to your lawyers or executors upon verification of your death certificate and their identities; (iii) to an attorney or donee lawfully empowered under a Power of Attorney or Lasting Power of Attorney; or (iv) where required by law or by any government body, statutory board, regulatory agency, tax authority, or court of competent jurisdiction, to which you are subject.

 
D. Payments

1. You are automatically billed on a monthly basis until you terminate this Agreement. Please keep your credit card details updated to ensure your continued document storage with BRIEFCASE.
2. We do not receive or store your credit card information. Your subscription payments are securely processed through Moonclerk (front-end) and Stripe (back-end). Moonclerk and Stripe are well-known and established payment gateways. We encourage you to read their privacy policies if you have concerns about your credit card information.
3. Subscription prices are subject to change at our discretion. However you may cancel your subscription in the event that you are not agreeable to the updated prices.

 
E. Privacy Statement

1. We collect your personal data to (i) verify your identity when you subscribe to our Services; (ii) ensure that we have enough information to be able to validate your identity when you retrieve your documents; and (iii) return your Documents.
2. You agree to update us promptly if your personal data has changed, including updates to your mailing address, passport number, and email address. You understand and agree that a failure to update us of changes to your personal data may result in us being unable to validate your identity, and if we are unable to validate your identity, we will not release the Documents to you.
3. If you subscribe to our Newsletter, you agree to receiving email updates from BRIEFCASE and our related and associated companies. These updates may relate to estate planning, legal services, financial and insurance services, healthcare, and other topics that we think you will find useful and relevant, and may include marketing material. You will not receive such messages if you do not subscribe to our Newsletter, even if you have subscribed to our Services.

 
F. Cancellation

1. You may cancel your subscription at any time by emailing us at wills@brfa.com.sg to inform us of the cancellation. We will arrange an appointment for you to retrieve your Documents, following which your subscription plan will be cancelled and your account with us will be closed. You should collect your Documents within sixty (60) days of your written cancellation notice.  
2. We may revoke your subscription to the Services at any time at our sole discretion if we believe or reasonably suspect that you may be in violation of the Prohibited Activities, these Terms, or if we believe doing so may prevent financial loss.
3. We may revoke your subscription if your subscription payments are unsuccessful and you do not update your payment details within 30 days of the unsuccessful payment. Please keep your credit card details updated to ensure your continued document storage with BRIEFCASE.

 
G. Abandoned Documents

1. If:
   1. your subscription to the Services is terminated or cancelled, and you have not retrieved your Documents within sixty (60) days following termination or cancellation; or
   2. we are made aware of your death and your lawyers or executors have not retrieved your Documents within sixty (60) days following the date we were informed of your death,

your Documents shall be treated as abandoned ("Abandoned Documents"). You understand and hereby expressly authorize us to mail the Abandoned Documents to your last-known mailing address that we have on file. Abandoned Documents will be mailed by registered post.
 
H. Indemnity

1. You agree to indemnify and hold harmless us and our related or associated companies in full from and against all actions, proceedings, claims, damages, liabilities, authorised settlement sums, charges, losses, costs and expenses (including without limitation, legal costs and expenses and costs of other professionals and any penalties or other amounts levied, imposed or charged by any regulator or regulatory authority) arising out or in connection with your provision of the Documents to us pursuant to the Services.
2. You agree to indemnify and hold harmless us and our related or associated companies in full from and against all actions, proceedings, claims, damages, liabilities, authorised settlement sums, charges, losses, costs and expenses (including without limitation, legal costs and expenses and costs of other professionals and any penalties or other amounts levied, imposed or charged by any regulator or regulatory authority) arising out or in connection with the provision of Documents in accordance with Clause A(2) above or the return of Abandoned Documents by post in accordance with Clause G above.
3. The remedies contained in this Indemnity clause are without prejudice to and in addition to any warranties, indemnities, remedies or other rights provided by law, and/or under any other provision of this Agreement for the benefit of BRIEFCASE.

 
I. Limitation of Liability

1. BRIEFCASE shall not be liable for any special, incidental, indirect, consequential, exemplary  or punitive damages (including, without limitation damages for lost profits, anticipated profits, contract, goodwill, production, corruption of data, operation time, revenue, economic loss, business opportunity or business interruption) relating to the provision of our Services, or any other subject matter of this Agreement, and regardless of whether such claim be based on contract, tort, equity or otherwise.
2. These limitations and exclusions of liability shall apply regardless of the form of action (including without limitation, contract, warranty, negligence, tort, strict liability or statutory) or type of damages, regardless of any claim or finding with respect to the adequacy, failure, purpose or sufficiency of any remedy offered or provided for hereunder and regardless of whether either Party was informed of, aware of, or otherwise could have anticipated the possibility of such damages or liability.

 
J. Notices

1. Correspondence or notices to BRIEFCASE can be provided by:
   1. email to wills@brfa.com.sg; or
   2. post to BRIEFCASE Pte. Ltd., 4 Battery Road, 29-00 Bank of China, Singapore 049908.
2. Correspondence or notices to you will be provided by email to your last updated email address used to subscribe to our Services.
3. Notwithstanding the above, changes to these Terms will be notified through our website's Terms of Use page.

 
K. Miscellaneous

1. This Agreement shall be governed by and construed in accordance with Singapore law.
2. Any dispute arising out of or in connection with this Agreement shall be submitted for mediation at the Singapore Mediation Centre (SMC) in accordance with SMC’s Mediation Procedure in force for the time being. Either party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 45 days thereof. Every party to the mediation shall be represented in person or by senior executive personnel or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached.
3. Clauses A (Ownership of Documents), B (Contents of Documents), E (Privacy Statement), G (Abandoned Documents), H (Indemnity), I (Limitation of Liability), and K (Miscellaneous) shall survive the termination of this Agreement and any cancellation of the subscription to our Services.