Terms of Use

Terms of Use

Last Updated: 5 March 2026

These Terms of Use govern your access to and use of the Forever In Our Hearts platform.

By creating an account, purchasing a memorial, or using our services, you agree to these Terms.

If you do not agree, you must not use the platform.

Forever In Our Hearts Pty Ltd
ABN 17 681 105 368

  1. Definitions

Platform
The Forever In Our Hearts website, memorial platform, and associated services.

User
Any person accessing or using the platform.

Memorial Creator
A user who creates or manages a memorial.

Tribute Poster
A user who posts a tribute, message, or interacts with a memorial.

Business Subscriber
A funeral director or business that subscribes to use the platform for branded memorial services.

Content
Any text, photos, tributes, messages, logos, or media uploaded to the platform.

  1. Our Services

Forever In Our Hearts provides a digital memorial platform that allows users to:

  • Create and host online memorials
    • Share tributes, memories, and messages
    • Provide service information and notices
    • Generate QR codes for memorial access
    • Enable funeral directors to host branded memorials for families

We may modify, improve, or update the platform from time to time.

We do not guarantee uninterrupted or error-free operation.

  1. Accounts

To use certain features you must create an account.

You agree to:

  • provide accurate information
    • keep login credentials secure
    • notify us if your account is compromised

You are responsible for activity under your account.

Users must be 18 years or older to create an account.

  1. Memorial Content

Users may upload content to memorial pages.

By uploading content you confirm that:

  • you have the right to share the content
    • the information is accurate
    • it does not infringe any rights or laws

You retain ownership of your content.

However, you grant Forever In Our Hearts a non-exclusive licence to host, display, and distribute the content as required to operate the platform.

We may remove or restrict access to memorials or content where required for legal, safety, or platform integrity reasons.

In the event of disputes regarding the accuracy or control of a memorial page, Forever In Our Hearts may temporarily restrict access or make administrative changes while the matter is reviewed.

Family or Estate Disputes

If multiple individuals claim authority over a memorial or dispute the accuracy of information relating to the deceased, Forever In Our Hearts may temporarily restrict editing access, remove content, or require verification before allowing further changes.

We do not determine legal ownership or authority over a memorial and may require the parties involved to resolve the matter privately or through legal processes.

References to Living Persons

Tributes or memorial content may include references to living individuals such as family members or friends.

Users are responsible for ensuring that any statements about living individuals are accurate and lawful.

Forever In Our Hearts does not verify such statements and reserves the right to remove or edit content that may be defamatory, misleading, or harmful.

  1. Acceptable Use

You must not use the platform to:

  • post unlawful, abusive, or defamatory content
    • upload copyrighted material without permission
    • impersonate another person
    • harass or harm others
    • distribute spam or automated posts
    • attempt to access or interfere with the platform

Memorials must only be created for real deceased individuals.

We may remove content or suspend accounts that breach these rules.

  1. Memorial Purchases

Digital memorials may be purchased as a one-time payment.

Once created, memorials remain hosted on the Forever In Our Hearts platform.

Physical Products (Memorial Candles)

From time to time the platform may offer physical memorial products such as customised candles.

These products may be manufactured and fulfilled by third-party suppliers.

By purchasing a physical product through the platform, you acknowledge that:

  • the product may be produced and shipped by an external partner
    • delivery timeframes may vary depending on manufacturing and shipping conditions
    • Forever In Our Hearts is not responsible for delays caused by third-party suppliers or shipping carriers

Refunds, replacements, or product issues will be handled in accordance with the Australian Consumer Law.

We may change available products, suppliers, or product offerings from time to time.

  1. Business Subscribers (Funeral Directors)

Funeral directors may subscribe to the platform to create branded memorials.

Business subscribers may:

  • display branded memorial pages
    • link memorials to their funeral notices
    • receive commission for memorials purchased through their business

Subscriptions:

  • may be billed monthly or annually
    • automatically renew unless cancelled
    • can be cancelled from the account dashboard

If a subscription ends:

  • business branding may be removed from memorial pages
    • memorial content will remain available to families

60-Day Money-Back Guarantee

New Business Subscribers may request a refund of their subscription fee within 60 days of starting their subscription if they believe the platform has not delivered value.

This guarantee applies to the platform subscription fee only and does not apply to memorial purchases or third-party products.

Commission

Business Subscribers may receive commission for memorials purchased through their business or branded memorial pages.

Commission is only payable while the Business Subscriber maintains an active paid subscription.

Commission is only payable for purchases that are recorded through the Business Subscriber’s account.

If a subscription ends or is cancelled, commission payments will cease for future memorial purchases.

The applicable commission rate is published on the platform or associated pricing pages and may be updated from time to time.

  1. Fees and Pricing

Fees for memorials and subscriptions are shown on the website.

We may change pricing from time to time.

If subscription pricing changes, we will provide notice before the next billing cycle.

  1. Notifications and Emails

The platform may send notifications including:

  • tribute notifications
    • service updates
    • anniversary reminders
    • account and system messages

Users can manage notification preferences in their account.

Delivery of email notifications is not guaranteed.

  1. Privacy

Your use of the platform is also governed by our Privacy Policy.

We collect and use personal information in accordance with Australian privacy laws.

  1. Platform Availability

We aim to keep the platform available and secure.

However we do not guarantee:

  • uninterrupted service
    • error-free operation
    • permanent storage of all content

Users should retain copies of important content.

  1. Limitation of Liability

To the extent permitted by law:

Forever In Our Hearts is not liable for:

  • user-generated content
    • loss arising from service interruptions
    • indirect or consequential damages

Nothing in these Terms excludes rights under the Australian Consumer Law.

  1. Indemnity

Users agree to indemnify and hold Forever In Our Hearts harmless from claims, damages, or expenses arising from:

  • content they upload
    • their use of the platform
    • breaches of these Terms.
  1. Suspension or Termination

We may suspend or terminate accounts if:

  • these Terms are breached
    • unlawful content is posted
    • the platform is misused

Users may stop using the platform at any time.

  1. Platform Intellectual Property

All software, design, branding, and functionality of the Forever In Our Hearts platform remain the intellectual property of Forever In Our Hearts Pty Ltd.

Users may not copy, reproduce, distribute, or create derivative works from the platform without written permission.

  1. Automated Access and Scraping

Users must not:

  • scrape or extract data from the platform
    • use bots, crawlers, or automated tools
    • collect memorial data for commercial reuse

without written permission from Forever In Our Hearts.

Unauthorised data extraction or scraping may result in account suspension and legal action.

  1. Third-Party Services

The platform may rely on third-party providers including:

  • payment processors
    • hosting providers
    • email delivery services

We are not responsible for outages or issues caused by third-party providers.

  1. Changes to Terms

We may update these Terms from time to time.

Updated Terms will be published on the website.

Continued use of the platform means you accept the updated Terms.

  1. Business Transfer

We may transfer or assign our rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, or transfer of the Forever In Our Hearts platform.

If this occurs, the services may continue to be operated by the acquiring entity under these Terms.

  1. Governing Law

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

Any disputes will be handled in the courts of New South Wales.

  1. Contact

Forever In Our Hearts Pty Ltd
ABN 17 681 105 368

Website
foreverinourhearts.com.au

Email
contact@foreverinourhearts.com.au