Thank you for accessing or using Our Treasured Memories website and mobile applications and/or other services which is owned and operated by Our Treasured Memories Pty Ltd (herein after referred to as “Our Treasured Memories” or “we” or “us” or “our”).
This agreement shall apply to both visitors to our site, as well as to business or the individual purchasing our goods or services.
You represent that you are legally able to accept this agreement and affirm that you are of legal age to form a binding contract or have obtained parental or guardian consent to do so.
Please read this agreement carefully before accessing or using our site.
IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT ACCESS OR USE OUR SITE.
Rules of Conduct
There are rules of conduct that you are required to follow when you use our site. You must not:
- “Harvest” (or collect) information from our site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of our site and information about the offerings, products, services and promotions available on or through our site. The framing, scraping, data-mining, extraction or collection of the content of this site in any form and by any means whatsoever is strictly prohibited.
- Use automated means to access our site, or gain unauthorized access to our site or to any account or computer system connected to our site.
- Obtain, or attempt to obtain, access to areas of our site or our systems that are not intended for access by you.
- “Flood” our site with requests or otherwise overburden, disrupt or harm our site or its systems.
- Circumvent or reverse engineer our site or its systems.
- Restrict or inhibit another user or users from using and enjoying our site.
- Manipulate or forge identifiers in order to disguise the origin of any information posted on our site or otherwise provided to us or our employees; and
- Impersonate any person, including, but not limited to, other community members or our employees.
If you post something to our site, you MUST NOT:
- Use strong, vulgar, obscene or otherwise harmful language or images,
- Use racially, ethnically or otherwise, objectionable language or images.
- Infringe any third party intellectual property right (such as copyrights).
- Use defamatory (i.e., something that is negative and untrue about another person or entity) language or images.
- Divulge another person’s or entity’s confidential or private information or trade secret.
- Act in a manner that is fraudulent, unlawful, threatening, harassing, abusive, or discriminatory.
- Encourage criminal conduct.
- Advertise or solicit business for products or services
- Use language that is disparaging, inappropriate and/or competitive to Our Treasured Memories.
- Cause a virus, malware, spyware or other harmful content or code
- Violate any laws or regulations, including, but not limited to, your local laws and regulations.
You also must comply with all applicable laws and contractual obligations when you use our site.
Ownership of Site Content and Submissions
By using our site, you acknowledge that everything on this site (including, but not limited to, the underlying HTML, text, images, graphics, illustrations, designs, icons, audio clips, video clips, documents, products, software, applications, and all other website content, is either owned by us or is owned by the original creator or their assignee, in which case we are using the content lawfully, and under licence or by agreement where applicable.
If you submit or post any content or materials to our site, you grant us and our business partners a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such content and materials, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any content and materials posted or otherwise submitted by you to our site is original to you and that you have the right to grant us these rights.
Responsibility for Public Postings and Content
Responsibility for what is posted in public areas of our site lies with each user – you alone are responsible for the material you post or otherwise make available in public areas of our site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.
Registration and Log In
To access certain features or areas of our site, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of our site are only available to our registered users, and to access those areas of our site you will be required to log in using your username and e-mail password.
You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date. (This includes your contact information, so that we can reliably contact you.) The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
You are responsible for all activity occurring when our site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
The communications between you and us via our site use electronic means, whether you visit our site or send us an e-mail, or whether we post notices on our site or communicate with you via e-mail. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Changes to Our Site
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), our site or any portion of our site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Suspension or Termination of Access
We control and operate our site from our facilities in Australia. If you choose to access our site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
IF YOU HAVE A DISPUTE WITH US, YOU MUST GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION.
You agree to negotiate resolution of the dispute in good faith for no less than 60 days after you provide written notice of the dispute Please ensure that the subject line of your e-mail to email@example.com states: Notice of Dispute
If we do not resolve your dispute within 60 days from receipt of notice of the dispute, either party may pursue a claim in arbitration in Australia.
Initiation of Arbitration Proceeding
If you or we have a dispute that has not been resolved within 60 days from receipt of notice of the dispute, either party can initiate an arbitration proceeding in accordance with the laws of Australia. You and we agree to treat the arbitration proceedings and any related discovery confidential. The terms of this section govern in the event they conflict with the rules and procedures of Australia.
Location of Arbitration
The arbitration proceedings shall be held in Queensland Australia.
Deadline for Filing Notice of Dispute
You agree that regardless of any law to the contrary (including any relevant statutes of limitation), any notice of dispute must be filed by you WITHIN ONE YEAR after a claim or cause of action that you may have arising out of or related to use of our site or this agreement has accrued or be permanently barred.
This section shall survive any termination of the provision of the associated services to you.
Disclaimer of Warranties
We provide our site on an “as is” and “as available” basis, without warranty of any kind whether express or implied (including warranties of merchantability, fitness for any particular purpose and non-infringement). This means that we make no promises that:
- Our site will be available at any particular time.
- Our site will meet any particular requirements or provide any particular results.
- The information on our site will be accurate or up-to-date.
- Our site or the information transmitted to or from it or stored on it will be secure from unauthorized access.
- Information and materials that you store in your account or on our site will remain retreivable and uncorrupted (unless we promise this in a separate agreement with you); and
- Our site will be uninterrupted or error-free or will be free of viruses or other harmful components, or that defects will be corrected.
Our site and its content and any services provided therein are not intended to, and do not, constitute medical or healthcare advice or diagnosis, and may not be used for such purposes. You should always consult with a qualified physician or other healthcare provider about your specific circumstances, including before starting any treatment, medical or otherwise.
We likewise make no warranties or representations regarding any products or services ordered or provided via our site. Any products and services ordered or provided via our site are provided “as is”, except to the extent, if at all, otherwise set forth in a separate agreement entered into between you and us or between you and a third party.
If you purchase a product or service from a third party after following an ad or link on our site, the terms of sale for your purchase are between you and the third party from whom you made the purchase. We are not responsible for such third-party products or services or for disputes between you and their sellers.
You agree that use of our site is at your own risk. Although we try to ensure that the information posted on our site is accurate and up-to-date, we reserve the right to change or make corrections to any of the information (including pricing) at any time. We cannot, and do not, guarantee the correctness, timeliness, precision, thoroughness or completeness of any of the information available on our site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on our site. No advice, results or information, whether oral or written, obtained by you from us or through our site shall create any warranty not expressly made herein. We hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents, support documentation, by our customer service and support agents, and otherwise on our site or in correspondence with us or our agents. We are not responsible for any content or materials posted to our site by users, nor for disputes between users, or between users and third parties.
These disclaimers apply to us as well as third parties that are involved in the creation, production or distribution of our site, and any of their employees and agents.
Limitations of Liability
In no event will we, or any of our directors, officers, employees, agents or content or service providers (“our representatives”), be liable for any damages (including, without limitation, direct, indirect, special, incidental, consequential, exemplary or punitive damages) arising from, or directly or indirectly related to, the use of, or the inability to use, our site (or the content, materials and functions provided as part of our site), whether in an action of contract, negligence, or strict liability, even if we knew, should have known or had been advised of the possibility of such damages. Notwithstanding and without limiting the foregoing, you agree that our liability and of any of our representatives, if any, arising out of any kind of legal claim in any way relating to the use of our site, will not exceed the amount you have actually paid to us, if any, for use of our site, or, if applicable, for use of the specific site feature or service from which the claim in question first arose.
Actual or attempted unauthorized use of our websites may result in criminal and/or civil prosecution. For your protection and our other users, we reserve the right to view, monitor, and record activity on the website without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on our site. We will also comply with all court orders involving requests for such information.
The operation of our site requires that certain processes be carried out and a specific level of interaction proceeds between the parties, e.g. our forwarding of e-mails to your related to your registration and the operational process of our products and services, for which you are hereby authorizing us to undertake in furtherance of the products and services that you have accessed or purchased from us.
Events Beyond Our Control
You expressly absolve and release us from any claim of harm resulting from a cause beyond our control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, actions or inactions of third parties, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
We reserve the right to update the pricing of our services and products at any time and without notice.
We will not reimburse you for the cost of the online services after you have gone through our checkout if you subsequently discover an error or for any other reason.
Customers will be billed in Australian Dollars.
Product Upgrades or Downgrades
We are constantly reviewing our product and service offerings to strive to provide our customers with the best suite of options available. We retain the right to revise our product and/or service offerings, including the tools made available to you, at any time for any reason including, without limitation, to comply with any applicable law or regulation.
Our Treasured Memories is provided on as “as is” basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Our Treasured Memories disclaims all warranties, express or implied, including, but not limited to, non-infringement, implied warranties of merchantability and fitness for a particular purpose. Our Treasured Memories does not warrant that use of the services will be uninterrupted or error-free, that defects will be corrected, or that the services or the server that makes them available are free of viruses or other harmful components. Our Treasured Memories does not warrant or make any representations regarding, and will not be responsible or liable for, the use or the results of the use of the services in terms of their correctness, accuracy, reliability, copyright compliance, legality, decency or otherwise.
We are committed to keeping the personal information of our Visitors and Clients confidential, to the extent that it is reasonably possible (i.e., subject to our use of Google Analytics, and other internet based tools, to monitor and update our Sites). We use the term “Visitor” to mean a member of the general public that reads content on a Site, comments on content, or purchases products on a Site. We use the term “Client” to mean a business that advertises its services through our Sites.
Personal Information pertains to information provided by a Visitor that permits an individual to be identified or contacted. Personal Information includes, for example: your name; age or date of birth; postal address; e-mail address; telephone number; wireless device address; text message address; screen name or username; photograph; gender; geolocation information; payment card and other payment information; event dates and related information; and demographic information.
We collect Personal Information via the Site in a variety of circumstances, such as when you conduct a transaction on our Site; create an account on our Site; edit your online profile; sign up for our newsletters; sign-up for certain services; make online purchases; enter contests; complete surveys; contribute to a chat room, bulletin board, message board, list serve, blog, wiki or other social forum on the Site; or submit a comment or question to us by using a “contact us” or similar feature on the Site; or submit articles, posts or other content that we might publish. On some of our Sites, you may not be able to participate in certain activities or access certain content, unless you provide us with the requested Personal Information. We generally collect Personal Information that you voluntarily provide, together with information collected from third parties and as agents on behalf of our Clients where we, or they, have obtained the requisite consent, or as otherwise permitted or required by law.
Personal Information, however, does not include publicly available information provided by Clients for business purposes, including your business name, business address and contact information, (including physical address, email address and phone number).
By providing Personal Information to us, you are consenting to its collection, use and disclosure in accordance with this Policy and as permitted or required by law. Should you provide us with Personal Information pertaining to another individual, you are representing that you have obtained the necessary consent or authority to permit us to collect, use and disclose such Personal Information in accordance with this Policy and as permitted or required by law.
How We May Use Your Information
We will not sell any of your Personal Information or business information of a confidential nature to third parties. We also do not disclose your Personal Information or business information without your explicit consent, except as specified in this policy.
We may use the information described in this Policy to provide and improve our services and products, for billing and payments, for identification and authentication purposes, to contact members or interested parties, and for general research and aggregate reporting.
When you join our Site, you are required to provide a valid email address at registration and choose a username or alias that may represent your identity on our Site. Your username, or alias is publicly displayed and connected to your activity on our website. Other people may see your feedback, ratings, and comments in community spaces.
Visitors and Clients may choose to purchase products on our Site. Depending on the product, we may require additional information, such as a business name and address, telephone number, billing and payment information (including credit card information). Credit card information on an account will be securely stored and used for both billing and payment purposes.
When third party service providers are engaged (e.g. for office administration or data processing), they are contractually obligated to protect the confidentiality of the Personal Information entrusted to them.
We aim to keep Personal Information supplied to us confidential and we do not sell Personal Information to outside parties.
We automatically receive and record some information from your browser when you visit the Site, such as your IP address, cookies and data about which pages you visit on the Site through the use of log files provided by our third-party tracking-utility partners. This information helps us analyse and understand how the Site works for Visitors and Clients, and to provide a more personalized experience.
By using our Site, you agree to our use of these tracking technologies.
Some Visitors and Clients may connect to or register an account with our Site using third party social networking or blogging platforms, such as Facebook, Instagram, Twitter, Pinterest and LinkedIn, or such other application that might interface with our Site.
We may receive some data from those connected third-party applications.
In addition, some providers of third party social networking or blogging platforms we utilize have their own privacy policies which explain how the third parties that provide them may collect, use and protect your information (e.g., if you establish an account with such platform providers directly).
Use of Site by Minors
We use various efforts intended to safeguard the security and integrity of Personal Information collected on this Site. For example, where appropriate, we use Secure Sockets Layer (SSL), private networks, intrusion detection measures and firewalls, and payment card information is encrypted in our system. We also have in place various access controls and restrictions with respect to Personal Information, such as restricting certain employees from accessing Personal Information, requiring our employees to use password-protected screen-savers when they leave their desk and passwords to regain access upon their return, and keeping employees up-to-date on our security and privacy practices.
Despite these measures, however, we cannot and do not guarantee that information will be absolutely safe from interception during transmission or intrusion during storage, while stored on our system, or otherwise.
We only keep Personal Information as long as it is required, for the reasons it was collected or in compliance with legal and business mandates. We may use analytics programs (i.e., Google Analytics) and other Internet tools to improve this Site, and therefore cannot attest to the security of those third party operations.
Changes to this Policy
We reserve the right to modify or amend this Policy from time to time. When we do, we will let you know by posting the changed Policy on this page. We encourage you to regularly review our current Policy at ourtreasuredmemories.com.