(Last updated 6 September 2016)
[A Fitness and T Davidson trading as MemorySafe] (MemorySafe®, we, us or our) 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, photographs, 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.
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 [memorysafenz@gmail.com].
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.
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 and Content. 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 or Content or that the use of our Website, Content 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 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 or other information when you contact us. We will use that information in order to attend to your query 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 [memorysafenz@gmail.com].
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.