(Last updated 22nd July 2017)
We are trading as MemorySafe (MemorySafe®, we, us or our) and operate the [www.memorysafe.co.nz] website (Website). These Website Terms of Use and Privacy Policy (Terms) set out the terms and conditions governing the use of our Website and how we collect, use, handle and store personal information. By browsing, accessing or using our Website you agree to these Terms. If you do not agree to these Terms then you must not use our Website. We may change or amend these Terms from time to time. Notice of such changes will be provided on our Website and will take immediate effect unless stated otherwise. You can view our current updated Terms via our Website. Using our Website:
Our Website provides a platform for you to create ‘Memory Tiles’ to record milestones, quotes, messages and special memories (Memories) for your child or loved one using our specially designed templates.
Using our Website you can then print or e-mail a Memory Tile to store and compile these special Memories so that they are not lost and can later gift them to your child or loved one. You are responsible for ensuring that you provide the correct e-mail address and for your own storage and compilation of all Memory Tiles and Memories that you use on our Website.
You can also purchase products such as MemorySafe Keepsake Boxes that we make available for purchase (Products) to be used in connection with your MemoryTiles and other keepsakes.
Intellectual Property Rights:
We own, or are licensed to use, all copyright and other intellectual property rights in our Website, code, templates, images, templates, graphics, media and other materials (Content) that we provide or use on our Website.
You will be granted a non-exclusive, perpetual, personal licence solely to use, copy, publish, communicate and transmit any Memory Tile in the form that is generated via our Website. However, unless otherwise expressly agreed, you are not licensed to otherwise use or copy our Content. This means that you must not extract, copy, modify, sell, publish or use our Content, including any Content incorporated into our Memory Tiles, for commercial purposes or any purpose likely to compete with us. You may not distribute or make such Content available to others or incorporate such Content into any website, template or product of any other nature.
You must not remove any trade mark, logo or watermark included on our Memory Tiles.
We have invested significant time and resources in developing, creating, obtaining and maintaining that Content and the Website and you acknowledge and agree that the Website and our Content is of significant commercial value to us.
We can terminate the licence granted to you and/or block transmission of any new Memory Tiles to your e-mail address if you breach these Terms.
If you are unsure if any proposed use of our Content or Website is permitted, please ask us first by e-mailing us at [info@memorysafe.co.nz].
You grant us a perpetual licence us to copy and transmit any Memories or works that you upload or transmit using our Website in order to generate, copy, transmit and communicate the Memory Tiles as contemplated in these Terms and on our Website.
We are not responsible for any content, materials or information provided on any website that is linked from our Website as we have no control over it. We do not endcorse or represent any third party associated with any website that is linked from our Website.
Website integrity: You must not damage, interfere with, attack or reverse engineer our Website or any software or systems underlying or hosting our Website.
Changes to Website and Content: While we would like to continue operating the Website and allowing users to create Memory Tiles using our Content, we cannot guarantee that the Website or Content will continue to be available for any period or available on the same basis as it is now. We may change or remove our Website or Content at any time without notice to you and will not be liable to you for any such changes or removals.
Warranties and liability:
You warrant that you have all necessary rights to use our Website to copy, process and transmit any Memories and any copyright or other intellectual property rights in any Memories using our Website. This means that you must obtain the permission of the copyright owner of any photograph or other copyright work that you provide before uploading or copying it in order to create, copy or transmit a Memory Tile. You must also comply with applicable privacy laws and have the permission of any person that is featured in a photograph or is identified in the Memories that you upload, copy or transmit using our Website. You agree to indemnify us and hold us, our directors, employees and agents harmless, against all losses, costs, liability or expenses (including legal costs) that we incur or suffer in connection with any breach of this warranty or these Terms, any breach of applicable law and any infringement or threatened infringement of any third party rights.
You also warrant that all information that you provide us is correct and accurate and, if you make any purchase on our Website, that you are either the bank account holder or are authorised by the bank account holder to make that purchase using that account.
You agree to indemnify us and hold us, our directors, employees and agents harmless, against all losses, costs, liability or expenses (including legal costs) that we incur or suffer in connection with any breach of the above warranties or these Terms, any breach of applicable law and any infringement or threatened infringement of any third party rights.
In New Zealand, the Consumer Guarantees Act 1993 provides consumers with certain guarantees and additional rights and remedies that cannot be excluded. Our exclusions and limitations of liability in these Terms do not purport to limit or exclude liability that cannot be lawfully excluded or limited under those guarantees or any other applicable laws that cannot lawfully be excluded.
Except as provided above and otherwise to the extent permitted by applicable law, we exclude all other guarantees, warranties or implied terms relating to the use of our Website, Content and Products. Our Website and Content are provided ‘as is’ and ‘as available’ and we make no representation or warranty as to the availability, security or operation of our Website, Content or that the use of our Website, Content, Products or services we provide will be free from defects, error-free or will meet your requirements.
Except as provided above, and to the extent permitted by applicable law, we are not liable to you in contract, tort or otherwise in connection with your use of the Website, our Content, Products or any services provided via the Website. Without limitation, we are not liable for any:
direct losses or damages; loss of profit or business or any lost or corrupted Memories or other data; or any losses or damages of an indirect, consequential or special nature, arising directly or indirectly out of your use of our Website or our Content, even if such losses or damages were reasonably foreseeable by us.
Personal information:
We will collect statistical information about the visitors to our Website, such as the length, time and date of visits, your operating system, browser, IP address and domain name used to access the internet and the URLs and websites that you visit. We may collect such information using Google Analytics or similar services, through third party software operating on our Website [and through the use of Cookies].
We use that statistical information on a non-identified basis in order to understand the behaviour and preferences of visitors to our Website, to improve and optimise the performance of our Website and the services we provide and to sell, promote and monitor the effectiveness of any advertising displayed on our Website. [Our use of Cookies is intended to enable your browser to remember your settings and personal preferences the next time you access our Website. If you change your internet browser settings to reject cookies, this could reduce the functionality of our Website.]
We may also collect personal information such as the Memories you provide, by way of temporary or transient copying or caching of the Memory Tiles that you create and/or e-mail using our Website. We will only use or disclose such personal information to generate, process and transmit Memory Tiles to the e-mail address that you provide or as otherwise permitted by law. You acknowledge and agree that our processing and transmission of such data may require that such personal information is transferred to, or processed by, third parties outside New Zealand.
We may also collect personal information where you voluntarily provide us with your name, e-mail address, contact details, address, bank account information or other information when you contact us. We will use that information in order to attend to your query, process your order for purchased products or make any other use authorised by you.
We will comply with the New Zealand Privacy Act 1993 in storing, using and disclosing any personal information we collect.
If you have any questions about our use or disclosure of personal information, or you want to access or correct any personal information we hold about you, please e-mail our privacy officer at [info@memorysafe.co.nz].
No waiver: Any failure or delay to exercise any right or remedy available under these Terms will not operate as a waiver of our rights or remedies.
Severability: If any section or part of these Terms is illegal or unenforceable, such section or part will be deemed deleted or modified and the remainder of these Terms will continue in full force and effect.
Governing law: These Terms are governed by the laws of New Zealand. You agree to consent to the non-exclusive jurisdiction of the New Zealand courts.
Returns Policy – MemorySafe products
The returns policy set out below applies to products purchased from our website www.memorysafe.co.nz
In these Terms the expressions us, we, our and MemorySafe are reference to MemorySafe and reference to you is the Customer.
We at MemorySafe are committed to Customer satisfaction. If you order and receive any product that you believe is unsatisfactory or faulty, simply contact us with your reasons, return it to us within the given time frames (refer below) and provided it is in the same condition that we sent it to you, we will happily exchange this product or refund your payment.
Time Frame for Returns:
The time frames in which you must return products are:
Full Price and sale/seconds products – within 7 non- working days of receipt of product. Unless a product is faulty or the wrong product was received, we will not accept any products returned outside of these time frames. No exceptions.
Returns Process:
Contact MemorySafe directly if you wish to return a product by emailing: info@memorysafe.co.nz
- Please pack all return items with your invoice/receipt in a secure carton/packaging. Note that we are not able to accept returned items if damaged (other than where they were damaged or defective at the time that you received them).
- Return address: We will notify you of the returning address upon receiving contact from you.
- We recommend when posting that you ensure that the parcel/product is tracked and traced as we are unable to cover lost packages.
- Once we receive the package, we will endeavour to inspect and begin to process within 48 hours to ensure you receive your exchange or refund as quickly as possible. We will send an email to confirm and update you on the process.
- MemorySafe will not refund the original delivery costs or return freight costs for any product that is returned for reasons other than faulty product (e.g. change of mind).
If you believe that the product has been damaged in transit, please contact us on the same day as receiving the product by emailing: info@memorysafe.co.nz
If you have any problems with the returns process, please do not hesitate to contact us.
Faulty Returns
If you have a faulty product that you would like refunded, repaired or replaced, follow the Return steps above. Faulty products may be returned outside of the regular return time frames recorded above so long as the product is still under warranty. We will meet our obligations under the Consumer Guarantees Act 1993 to provide a remedy.
Please enclose your original invoice/receipt with a detailed description of the fault.
We will endeavour to process all refunds and/or replacements within 48 hours of receiving notification of a fault; however some faults must be approved by the manufacturer before a refund or replacement can be issued. In this case we will keep you informed on a regular basis via email updates.
If an order is deemed faulty, we will gladly reimburse your reasonable return postage.
Returns Terms & Conditions
All Products returned for refund or exchange other than because of a defect or fault must be returned in original saleable condition. Any packaged items must be returned with the original or equivalent packaging in good condition or may not be accepted (unless faulty).
Promo codes cannot be applied to exchanges.
MemorySafe will not accept any “Collect On Delivery” deliveries. Any returns sent “Collect On Delivery” will have the postage costs deducted from your refund.
For all returns (except faults which is addressed above), we will endeavour to process all returns as quickly as possible. During peak periods, we cannot guarantee returns will be processed within 48 hours. During these periods some exchanges may not be processed if your requested product is out of stock and a refund will be processed instead. We recommend placing a new order online and returning your original items for refund to avoid exchange products selling out. You will receive an email to notify you whether a refund or exchange was made on your return.
Refunds will be credited via bank transfer only.
Packaging/Boxed Goods
If you wish to exchange or return boxed goods, please contact us by emailing info@memorysafe.co.nz and we will advise you of the returns address. Goods must be returned in the original packaging, unmarked and in good condition.
If items are being posted back, please place any product packaging inside a satchel and do not attach any labelling to the outside of the packaging. If the packaging has been marked or is in unsatisfactory condition there may be a chance that we will be unable to exchange or refund the product.
For any further information please contact us: info@memorysafe.co.nz
Last updated 22/07/17