Terms and Conditions
Welcome to MEMSAFE PTY LTD. By using our services, you agree to comply with and be bound by the following terms and conditions. Please read these carefully before using our app or website.
1. Acceptance of Terms
By accessing or using the MEMSAFE PTY LTD app and website (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of the terms, you may not use our Service.
2. Description of Service
MEMSAFE PTY LTD provides a platform for creating and managing digital memorial profiles accessible via QR codes. Our Service is intended for use in Australia and is subject to applicable Australian laws and regulations.
3. Third-Party Music Services
MEMSAFE PTY LTD allows users to link or embed music from third-party streaming platforms, including but not limited to Spotify.
MEMSAFE PTY LTD does not host, store, reproduce, transmit, or distribute any copyrighted audio content.
All music playback is streamed directly from the relevant third-party provider and remains subject to that provider's terms, licensing agreements, and availability.
3.1. Third-Party Service Availability
MEMSAFE PTY LTD is not responsible for:
- Changes to third-party music provider policies
- Playback restrictions
- Geographic limitations
- Advertisements shown within streaming platforms
- Service outages or embed removals
If a third-party service provider restricts or removes embedding functionality, MEMSAFE PTY LTD reserves the right to disable music playback features without liability.
4. Privacy
Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms, explains how we collect, use, and disclose information about you. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.
4.1. No Music Licence Granted
MEMSAFE PTY LTD does not grant any music licence to customers or visitors.
By linking or embedding third-party music, users acknowledge that:
- They are solely responsible for ensuring they have the right to share or link such content.
- The music remains the property of its respective copyright holders.
- Playback is governed by the streaming platform's own licence arrangements.
4.2. No Endorsement or Affiliation
MEMSAFE PTY LTD is not affiliated with, endorsed by, or sponsored by Spotify or any other music streaming provider.
All trademarks and content remain the property of their respective owners.
5. Intellectual Property
The Service and its original content, features, and functionality are owned by MEMSAFE PTY LTD and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6. User-Uploaded Content, Personal Information and Privacy
6.1. Content
Users are responsible for the content they submit to the Service. By submitting content, you grant MEMSAFE PTY LTD a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, and distribute the content for the purpose of providing and improving the Service.
6.2. User Warranties and Compliance
MEMSAFE PTY LTD provides a platform that allows users to upload, share, and publish personal information, photographs, videos, tributes, and other content (“User Content”) in connection with memorial profiles. By uploading any User Content to the MEMSAFE PTY LTD platform, you represent and warrant that:
- you are the owner of that content or have obtained all necessary rights, consents, and permissions to upload and publish it;
- the content does not infringe the intellectual property, privacy, or other legal rights of any third party, including the deceased person or their estate;
- the content complies with all applicable Australian and New Zealand laws, including but not limited to the Privacy Act 1988 (Cth), the Privacy Act 2020 (NZ), and applicable defamation legislation.
6.3. Responsibility for User Content
You acknowledge and agree that you are solely and entirely responsible for all User Content you upload, submit, or publish on the MEMSAFE PTY LTD platform, including but not limited to personal details, photographs, videos, dates of birth, locations, and any other identifying information relating to the deceased or any living person.
6.4. Public and Private Profile Settings
MEMSAFE PTY LTD provides users with the option to set their memorial profile as either public or private. You acknowledge that:
- it is your sole responsibility to select and maintain the appropriate privacy setting for your profile;
- if you choose to make a profile public, any information, photographs, or videos uploaded to that profile will be accessible to any person with internet access;
- MEMSAFE PTY LTD does not monitor, control, or take responsibility for who accesses a public profile or how they use the information contained within it;
- all content is uploaded and published entirely at your own risk, regardless of whether the profile is set to public or private.
6.5. No Liability for Unauthorised Use of Personal Information
To the maximum extent permitted by law, MEMSAFE PTY LTD expressly disclaims all liability for any unauthorised access to, misuse of, or theft of any personal information, photographs, or videos uploaded by users to the platform, including but not limited to:
- identity theft or fraud arising from personal details shared on a memorial profile;
- the downloading, copying, or misuse of photographs or videos by third parties;
- the use of a deceased person's personal information by any unauthorised third party;
- any loss, distress, or damage suffered as a result of information being accessed from a public profile.
6.6. Third-Party Actions and Personal Risk
MEMSAFE PTY LTD is not responsible for the actions of third parties who access, copy, download, or misuse User Content from the platform. By choosing to upload personal information and media to MEMSAFE PTY LTD, you accept full responsibility for any consequences arising from that decision.
6.7. Indemnification
You agree to indemnify, defend, and hold harmless MEMSAFE PTY LTD, its directors, employees, and agents from and against any and all claims, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or in connection with:
- your User Content;
- your choice of privacy settings;
- any unauthorised access to or misuse of information uploaded by you;
- your breach of any part of this clause.
6.8. Statutory Rights and Guarantees
Nothing in this clause excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by any law that cannot lawfully be excluded or limited, including any statutory guarantee under the Australian Consumer Law or the Consumer Guarantees Act 1993 (NZ).
6.9. Accuracy of Information
MEMSAFE PTY LTD does not verify or warrant the accuracy, completeness, or authenticity of any personal information or content submitted by users. All such information remains the responsibility of the person who submitted it.
6.10. Monitoring Disclaimer
MEMSAFE PTY LTD is not obligated to monitor or moderate User Content and disclaims all responsibility for any offensive, unlawful, or objectionable material that may appear on the Service.
6.9. Data Retention
Upon request, MEMSAFE PTY LTD will make reasonable efforts to delete or deactivate memorial profiles in accordance with its Privacy Policy and applicable law.
7. Delivery
7.1. Dispatch and Shipping Timeframes
- Once MEMSAFE PTY LTD has received payment in cleared funds, MEMSAFE PTY LTD will, as soon as reasonably practicable (and in any event within 7-10 Business Days), arrange for delivery of the Product to the Customer at an address within Australia or New Zealand.
7.2. Packaging and Damage in Transit
- MEMSAFE PTY LTD will use reasonable care to ensure that the Product is securely and appropriately packaged to minimise the risk of damage during transit.
- If the Product is damaged during transit and the Customer requests a replacement or refund, the Customer must return the damaged Product to MEMSAFE PTY LTD nominated address.
7.3. Inspection and Remedies for Damaged Goods
Upon receipt of the returned Product, MEMSAFE PTY LTD will assess its condition and, acting reasonably, will:
- provide a replacement Product at no additional cost to the Customer;
- issue a refund to the Customer; or
- determine that the Product is not damaged and return the original Product to the Customer.
7.4. Estimated Delivery and Third-Party Services
- MEMSAFE PTY LTD may provide the Customer with information regarding product availability, dispatch, and estimated delivery dates. The Customer acknowledges that such information is indicative only and not guaranteed.
- Delivery of the Product is subject to the standard delivery timeframes of Australia Post or any third-party courier or delivery service engaged by MEMSAFE PTY LTD.
7.5. Limitation of Liability for Delays
- To the extent permitted by law, MEMSAFE PTY LTD will not be liable for any loss or damage suffered by the Customer as a result of delays in delivery outside of MEMSAFE PTY LTD reasonable control.
7.6. Risk and Safekeeping Post-Delivery
- Once delivery has been completed to the Customer’s nominated address, the Customer is responsible for the safekeeping of the Product. MEMSAFE PTY LTD is not liable for Products that are lost, stolen, or misplaced after delivery, and any replacement will be at the Customer’s cost.
- If the Product is not received due to loss or error by the delivery provider, and the Customer can provide evidence reasonably satisfactory to MEMSAFE PTY LTD. MEMSAFE PTY LTD may, at its discretion, arrange for a replacement Product to be issued at no additional cost.
8. QR Memorial Plaques
8.1. MEMSAFE PTY LTD offers physical QR memorial plaques as an optional product. All Plaques are carefully packaged prior to dispatch; however, once delivered, they are subject to environmental conditions and external factors beyond MEMSAFE PTY LTD reasonable control.
8.2. Damage Upon Delivery
If your Plaque arrives damaged, you must notify MEMSAFE PTY LTD within 14 days of delivery with photographic evidence of the damage and original packaging. Upon verification, MEMSAFE PTY LTD will supply a replacement Plaque to you at no additional cost. This remedy applies to delivery damage only and does not extend to any damage, deterioration, or loss occurring after successful delivery has been confirmed.
8.3. To the maximum extent permitted by applicable law, MEMSAFE PTY LTD is not liable for any loss, damage, or claim arising from or in connection with:
- physical damage to the Plaque caused by weather, accident, vandalism, or any other external cause after delivery;
- theft or loss of the Plaque after delivery;
- fading, discolouration, or deterioration of the Plaque over time due to environmental exposure or normal wear and tear.
8.4. If your Plaque is damaged, lost, stolen, or has faded after successful delivery, MEMSAFE PTY LTD offers a replacement Plaque for purchase at the then-current replacement price listed on our website. Replacement purchases are subject to these Terms and Conditions.
8.5. To the extent permitted by the Australian Consumer Law and the Consumer Guarantees Act 1993 (NZ), where MEMSAFE PTY LTD liability cannot be fully excluded, MEMSAFE PTY LTD liability is limited, at MEMSAFE PTY LTD election, to:
- resupply of the Plaque; or
- payment of the cost of resupply of the Plaque.
9. Accounts and Security
To access and utilise certain features of the Service, you may be required to create an Account and provide information that is accurate, current, and complete at the time of registration, and to maintain and update such information as necessary to ensure it remains accurate, current, and complete.
By creating an Account, you acknowledge and agree that:
- You bear sole responsibility for maintaining the confidentiality and security of your login credentials, including your username, password, and any other authentication information associated with your Account.
- You accept full responsibility for all activities, transactions, and conduct that occur under or through your Account, whether or not authorised by you.
- You will notify us immediately at info@memsafe.com.au upon becoming aware of, or reasonably suspecting, any unauthorised access to or use of your Account, or any other breach of security.
We reserve the right, at our sole discretion and without prior notice or liability, to suspend, restrict, or terminate your Account and your access to the Service if we reasonably believe that you have violated any provision of these Terms, or have engaged in conduct that is fraudulent, abusive, unlawful, or otherwise harmful to MEMSAFE PTY LTD, other users, or third parties.
10. Promotional Pricing and Sales
From time to time, at our sole discretion, we may offer promotional pricing, discount codes, limited-time offers, or other special promotions (collectively, "Promotions"). Such Promotions may be subject to additional terms and conditions, which will be presented to you at the time of the offer and which are incorporated herein by reference.
Unless expressly stated otherwise in the applicable promotional materials:
- Promotions apply exclusively to qualifying purchases made during the specified promotional period and are subject to availability while supplies last.
- Promotions are not combinable with any other offers, discounts, credits, or promotional codes, whether offered by MEMSAFE PTY LTD or by any third party.
- Promotions hold no cash value and are not redeemable for cash, credit, or any other form of monetary consideration.
Any "sale ends" dates, countdown timers, or similar messaging displayed in connection with a Promotion are intended solely to communicate the current promotional period and to encourage customers to make purchasing decisions within a reasonable timeframe. Notwithstanding any such messaging, we expressly reserve the right, in our sole and absolute discretion, to modify, extend, shorten, suspend, cancel, or reintroduce any Promotion at any time and without prior notice, including after a countdown timer has expired or a stated end date has passed.
The extension, repetition, or reintroduction of any Promotion shall not create any obligation on our part to maintain any particular price or offer for any specific customer, nor shall it entitle you to a refund, credit, or price adjustment on any previously completed Orders. All pricing and Promotions are subject to change at any time prior to the completion of your checkout for a given order.
11. Acceptable Use
You agree that you will not use the Service, directly or indirectly, for any purpose that is unlawful, prohibited by these Terms, or otherwise objectionable. Without limiting the generality of the foregoing, you specifically agree not to:
- Upload, transmit, store, or otherwise make available any Content that is unlawful, defamatory, libellous, harassing, threatening, abusive, obscene, hateful, discriminatory, or otherwise objectionable.
- Upload, transmit, or use any Content that you do not have the lawful right to use, including without limitation Content that infringes upon any intellectual property rights, proprietary rights, or privacy or publicity rights of any third party.
- Harass, threaten, stalk, abuse, or otherwise engage in conduct that is harmful to MEMSAFE PTY LTD staff, other users, or any third parties.
- Send or facilitate the sending of spam, unsolicited commercial communications, chain letters, or any communications that violate applicable telemarketing, anti-spam, or data protection and privacy laws.
- Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code, underlying algorithms, or structure of the Service, or interfere with the operation, integrity, or security of the Service or any related systems or networks.
- Circumvent, disable, or otherwise attempt to bypass any access controls, authentication mechanisms, rate limits, usage restrictions, or other security features of the Service.
- Use any automated system, software, or technology (including without limitation bots, crawlers, scrapers, or data mining tools) to access, collect data from, or interact with the Service in a manner that exceeds typical human usage patterns or places an unreasonable burden on our infrastructure.
We reserve the right, but not the obligation, to investigate any suspected violations of this Section and to take appropriate action in response, which may include, without limitation, removing or disabling access to Content, issuing warnings, suspending or terminating Accounts, and reporting conduct to and cooperating with law enforcement authorities.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEMSAFE PTY LTD, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "MEMSAFE PTY LTD PARTIES") BE LIABLE FOR ANY:
Indirect, incidental, special, consequential, exemplary, or punitive damages of any kind; or Loss of profits, revenue, income, business opportunities, contracts, data, goodwill, reputation, or other intangible losses, arising out of or in connection with your access to or use of, or inability to access or use, the Service, any Orders placed through the Service, any Content or materials obtained through the Service, or these Terms, regardless of the legal theory upon which such liability is based (whether in contract, tort, negligence, strict liability, warranty, or otherwise), and even if any of the MEMSAFE PTY LTD Parties have been advised of, knew of, or should have known of the possibility of such damages. Some jurisdictions do not permit the exclusion or limitation of liability for certain types of damages. To the extent that such exclusions or limitations are prohibited by applicable law, the foregoing limitations shall apply only to the maximum extent permitted by law.
12.1. Limitation of Aggregate Liability
To the maximum extent permitted by law, MEMSAFE PTY LTD total aggregate liability arising out of or in connection with these Terms or the Service shall not exceed the total amount paid by you to MEMSAFE PTY LTD in the twelve (12) months preceding the event giving rise to the claim.
13. Time Limitation for Claims
Any claim by you arising from or related to the Service must be filed within twelve (12) months after the cause of action arises; otherwise, the claim is permanently barred.
14. No Commercial Music Representation
MEMSAFE PTY LTD does not sell, bundle, or include licensed music as part of any memorial profile package. Music functionality is provided solely as a linking feature to third-party platforms.
15. Governing Law
These Terms are governed by the laws of the State of New South Wales, Australia, and each party submits to the exclusive jurisdiction of the courts of that State.
16. Force Majeure
MEMSAFE PTY LTD shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, strikes, war, government action, pandemics, telecommunication failures, or changes made by third‑party service providers including but not limited to natural disasters, pandemics, cyberattacks, data‑centre outages, failures of hosting providers, or acts of third‑party service providers beyond MEMSAFE PTY LTD control.
16. Force Majeure
MEMSAFE PTY LTD shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, strikes, war, government action, pandemics, telecommunication failures, or changes made by third‑party service providers including but not limited to natural disasters, pandemics, cyberattacks, data‑centre outages, failures of hosting providers, or acts of third‑party service providers beyond MEMSAFE PTY LTD control.
17. Dispute Resolution
If a dispute arises, the parties must first attempt to resolve it through good‑faith negotiation. If unresolved within 30 days, the dispute shall be submitted to mediation administered by the Resolution Institute (Australia) or an equivalent body in New Zealand. Any unresolved dispute shall be resolved by binding arbitration in New South Wales, Australia.
18. Age and Legal Capacity
The Service is intended for individuals aged 18 years or older. By using the Service, you warrant that you are of legal age or are using it under the supervision and consent of a parent or guardian.
19. Changes to These Terms
MEMSAFE PTY LTD may amend or replace these Terms at any time. The latest version will be posted on our website, and continued use of the Service constitutes acceptance of the revised Terms.
20. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full effect.
21. Entire Agreement
These Terms constitute the entire agreement between you and MEMSAFE PTY LTD concerning the Service and supersede any prior agreements or understandings.