Terms and Conditions

Last Updated: December 3, 2024

Welcome to Forever In Our Hearts Pty Ltd (ABN 17 681 105 368) (“Company,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your use of our website, services, and any associated products, including digital memorials (“Memorials”), QR codes, and branded business offerings. By accessing or using our services, and by clicking “I agree,” you accept and agree to be bound by these Terms. If you do not agree, you must refrain from using our services.

  1. Definitions

1.1. User: Any individual or entity accessing our services.

1.2. Memorial Creator: A User who creates or manages a digital memorial.

1.3. Tribute Poster: A User who posts a tribute, signs a guestbook, or interacts with a memorial.

1.4. Business Subscriber: A business entity subscribing to our services for branding or reselling memorials or displaying upcoming/past services.

1.5. Content: Any text, images, videos, or other media uploaded by Users.

  1. Services Provided

2.1. Digital Memorials:

  • Users may purchase a digital memorial as a one-time fee to commemorate a deceased person.

2.2. Tribute and Guestbook Features:

  • The public may post tributes or messages, subject to moderation by the Memorial Creator.

2.3. Branded Business Services:

  • Business Subscribers may purchase a subscription to create branded memorials, display upcoming services, and resell memorials to clients.

2.4. QR Code Access:

  • Each memorial includes a QR code for convenient access and guestbook interaction.

2.5. Content Limits:

  • We reserve the right to change content upload or display limits at any time with prior notice.

2.6. Service Accessibility:

  • While efforts are made to ensure the platform is accessible and functional, we do not guarantee uninterrupted or error-free operation.
  • Users are responsible for ensuring they have adequate technology (e.g., compatible devices and browsers) to use the services.
  • We strive to comply with accessibility standards (e.g., WCAG 2.1 Level AA) to provide equal access to all users.
  1. User Responsibilities

3.1. Account Registration and Accuracy of Information:

  • Users must provide accurate, current, and complete information during registration.
  • Users agree to update their information to keep it accurate and complete.

3.2. Content Standards:

  • Users must not upload content that is inappropriate, offensive, defamatory, illegal, or violates the rights of any third party.
  • Users must not upload any content that infringes on third-party intellectual property rights, including copyrights, trademarks, or other proprietary rights.
  • AI-based moderation is provided but not guaranteed. Users remain responsible for monitoring and managing content.

3.3. Tribute and Guestbook Moderation:

  • Memorial Creators are responsible for moderating tributes and guestbook messages posted on their memorial.

3.4. Content Export and Deletion:

  • Users may contact us via email at contact@foreverinourhearts.com.au to request data export, correction, or deletion.

3.5. Account Security:

  • Users are responsible for safeguarding their account credentials and must notify us immediately if they suspect unauthorized access or activity.
  • We are not liable for any loss or damage resulting from unauthorized use of user accounts.

3.6. Prohibited Activities:

  • Users may not use the service to:
    • Post spam or engage in automated posting.
    • Harass, defame, impersonate, or harm others.
    • Misuse the platform for unauthorized commercial purposes.
    • Attempt to probe, scan, or test the vulnerability of the platform or breach any security measures.

3.7. Compliance:

  • Users must ensure their content complies with Australian laws, particularly laws relating to privacy, copyright, and defamation.

3.8. Age Restrictions and Parental Consent:

  • Users must be at least 18 years old to create an account or use our services.
  • Users under 18 must have verifiable parental or guardian consent to interact with the platform.
  • If memorials are created for minors, the creator must have the authority to do so.
  1. Business Subscriber Responsibilities

4.1. Branding:

  • Business Subscribers may link their branded services to our platform and create branded memorials.

4.2. Subscription Terms:

  • Auto-Renewal: Subscriptions auto-renew unless cancelled prior to the renewal date.
  • Cancellation: Subscriptions can be cancelled from the Memorial Hub account page.
  • Auto Top-Ups: Auto top-ups can be disabled from the Memorial Hub account page.
  • Refunds: Refunds will be provided as required by law under the Australian Consumer Law.
  • Upon cancellation, branding will be removed, and we reserve the right to disable associated content or features.

4.3. Content Moderation:

  • Business Subscribers are responsible for moderating all content on their branded memorials and ensuring compliance with these Terms.

4.4. Compliance with Laws:

  • Business Subscribers must ensure their activities comply with all applicable laws and regulations.
  1. Pricing and Payment

5.1. Digital Memorials:

  • A one-time fee applies for each memorial purchase.

5.2. Subscriptions:

  • Business Subscribers will be charged recurring subscription fees as specified at the time of sign-up.
  • Subscriptions auto-renew unless cancelled prior to the renewal date.

5.3. Refunds:

  • Refunds will be provided as required by law under the Australian Consumer Law.
  1. Termination and Suspension

6.1. User Violations:

  • We reserve the right to disable any memorial, subscription, or user account without refund if we detect inappropriate content, spam, misrepresentation, or violation of these Terms.

6.2. Business Subscriber Termination:

  • We reserve the right to disable a Business Subscriber’s account and associated memorials upon cancellation or non-compliance with these Terms.

6.3. Termination for Misrepresentation:

  • Users must not misrepresent their identity or their relationship to the deceased when creating or managing memorials.
  • We reserve the right to disable accounts or content found to be associated with misrepresentation.

6.4. Process for Reporting Unlawful Content:

  • Users can report unlawful or inappropriate content by contacting us at contact@foreverinourhearts.com.au.
  • We will promptly investigate and remove any content found to violate these Terms or applicable laws.
  1. Content Ownership and License

7.1. User Content:

  • Users retain ownership of their content. By uploading content, Users grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute the content as necessary to provide our services.

7.2. Inappropriate Content:

  • We reserve the right to remove any content deemed inappropriate or in violation of these Terms.

7.3. Copyright Infringement:

  • If you believe your copyright is being infringed, please contact us at contact@foreverinourhearts.com.au with relevant details.
  • We will promptly investigate and remove any content found to infringe upon third-party rights.

7.4. Consent for Use of Content in Marketing:

  • With your explicit, written consent, we may use anonymized elements of your memorial (e.g., design or layout) in promotional materials to showcase our services.
  1. Privacy and Data Protection

8.1. Privacy Policy:

  • By using our services, you agree to our Privacy Policy, which governs how we collect, use, and protect your information.

8.2. User Privacy Controls:

  • Users may set privacy preferences for their memorials to control access.

8.3. Data Requests:

  • Users may contact us via email to request data export, correction, or deletion.

8.4. Data Usage for Analytics:

  • We may use anonymized and aggregated data derived from user activity for analytics, service improvements, and research.
  • This data will not identify individual users.

8.5. Children’s Data:

  • Users under the age of 18 must have verifiable parental or guardian consent to interact with the platform.
  • If memorials are created for minors, the creator must have the authority to do so.

8.6. Data Retention and Deletion:

  • Personal information and content are retained for as long as necessary to provide our services or as required by law.
  • Upon request or account closure, we will delete personal information and content in accordance with our data retention policy.

8.7. Cookies and Tracking Technologies:

  • We use cookies and similar technologies to enhance user experience. Please refer to our Privacy Policy for more information.
  1. Security and Data Protection

9.1. Data Security Measures:

  • We implement reasonable security measures, including encryption and secure servers, to protect user data from unauthorized access, alteration, disclosure, or destruction.

9.2. Account Security:

  • Users are responsible for maintaining the confidentiality of their account credentials.
  • Users must notify us immediately of any unauthorized use of their account or any other breach of security.

9.3. Notifiable Data Breaches:

  • In the event of a serious data breach, we will notify affected users and the Office of the Australian Information Commissioner (OAIC) as required under the Notifiable Data Breaches scheme.
  1. Limitation of Liability

10.1. Content Responsibility:

  • We do not monitor all content uploaded by Users and cannot guarantee its accuracy or appropriateness.
  • Users are solely responsible for the content they upload and any consequences arising from its display or distribution.
  • We disclaim all liability for damages resulting from user-uploaded content, including but not limited to defamation, infringement, or privacy breaches.

10.2. Service Availability:

  • We strive to provide uninterrupted access to our platform but cannot guarantee that the website or services will be free from errors, downtime, or interruptions.
  • Users are responsible for ensuring they use compatible technology to access our services.

10.3. Backup and Recovery:

  • Users are encouraged to retain personal backups of uploaded content.
  • While we implement data backup measures, we cannot guarantee the recovery of deleted or corrupted content.

10.4. General Liability:

  • To the maximum extent permitted by law, we exclude all liability for direct, indirect, incidental, or consequential damages arising from the use of our services.
  • Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law.
  1. Indemnity

You agree to indemnify and hold us harmless from any reasonable claims, damages, losses, or expenses arising directly from your breach of these Terms, including but not limited to content you upload, post, or manage.

  1. Amendments

We reserve the right to amend these Terms at any time. We will notify you of any significant changes by email or through the platform at least 14 days before the changes take effect. By continuing to use our services after the effective date of the changes, you agree to be bound by the revised Terms.

  1. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales. Users outside of Australia may have additional rights under local consumer protection laws that cannot be excluded.

  1. Notifications

14.1. Communication:

  • Notifications will be sent via email where possible.
  • Notifications, including alerts for new tributes, are not guaranteed to be delivered.

14.2. User Preferences:

  • Users have the option to enable or disable notifications from the Memorial Hub account page.
  1. Feedback and Suggestions

15.1. Ownership of Feedback:

  • Any feedback, suggestions, or ideas submitted by users become the exclusive property of the Company without compensation.
  1. Force Majeure

16.1. Unforeseeable Events:

  • We are not liable for delays or failures resulting from events outside our control, including but not limited to natural disasters, technical issues, or government actions.
  • We will make reasonable efforts to resume services as soon as possible following such events.
  1. Dispute Resolution

17.1. Mediation:

  • Any dispute arising from these Terms will first be addressed through mediation in New South Wales, Australia.

17.2. Legal Proceedings:

  • If mediation fails, either party may seek remedies through the courts of New South Wales.
  • This does not prevent either party from seeking urgent injunctive or equitable relief from the courts.
  1. Marketing and Promotional Materials

18.1. Use of Content with Consent:

  • With your explicit, written consent, we may use anonymized elements of your memorial (e.g., design or layout) in promotional materials to showcase our services.
  1. Intellectual Property Rights

19.1. Company Content:

  • All content on the website, including text, graphics, logos, images, and software, is the property of the Company or its content suppliers and is protected by intellectual property laws.
  • Users are granted a limited, non-exclusive license to access and use the website for personal, non-commercial purposes.

19.2. Restrictions:

  • Users may not reproduce, distribute, modify, or create derivative works from any content belonging to the Company without prior written consent.
  1. Third-Party Links and Services

20.1. External Websites:

  • Our platform may contain links to third-party websites.
  • We are not responsible for the content or functionality of third-party websites linked through our services.

20.2. Third-Party Services:

  • We may use third-party services (e.g., payment processors, hosting providers) to provide our services.
  • By using our services, you agree to the terms and policies of these third parties as applicable.

20.3. Charity Affiliation Disclaimer:

  • The charities displayed on our platform are provided for informational purposes only and do not constitute an endorsement or partnership.
  • We are not affiliated with any charities unless explicitly stated and do not guarantee the accuracy of the information displayed regarding such entities. Users should exercise due diligence before supporting or donating to these organisations.
  1. Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices published by us on the website, constitute the entire agreement between you and the Company regarding the use of our services and supersede any prior agreements.

  1. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

  1. No Waiver

Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

  1. Assignment

24.1. Transfer of Rights:

  • You may not assign your rights or obligations under these Terms without our prior written consent.
  • We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.
  • In such an event, we will notify you of any changes affecting your rights.
  1. Contact Us

If you have questions or concerns, please contact us at:

Forever In Our Hearts Pty Ltd

Website: foreverinourhearts.com.au

Email: contact@foreverinourhearts.com.au

  1. Acceptance of Terms

By clicking “I agree” and using our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.