Memori Terms of Service

These terms and conditions (the "Terms and Conditions") govern the use of memori.co.nz (the "Site").

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Intellectual Property


All content published and made available on our Site is the property of Memori and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

User Contributions


Users may post the following information on our Site:

  • Photos;
  • Videos; and
  • Public comments.

By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.

Accounts


When you create an account on our Site, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Rights and permissions


We do not claim ownership to any of your content, and these Terms do not grant us any intellectual property rights to your content. However, in order to maintain your Account and provide Memori Services to you, we need certain permissions to manage your content, such as hosting and backing up your files, and sharing your content at your request with your connections, and or sharing your Content at your request with the public. You grant us rights and permissions to store and access your Content in order to:

  • Copy your Content for backup purposes
  • Copy or modify your Content to enable future access in then contemporary file formats over time
  • Access your Content to provide technical or customer support
  • Share your Content as directed by you or in accordance with these Terms. These permissions extend to authorized third parties who may provide services to Memori under legal agreements that enable
  • Access to your Content solely to perform services on our behalf and not to disclose that Content or use it for any other purposes.

Your responsibilites


You are responsible for storing and managing your content at the appropriate level of privacy, as well as for how you choose to share or communicate it with others. We do not take responsibility for any content you share with others, make publicly accessible, or that we assist you in sharing or making public according to these Terms. We are not liable for any loss, misuse, or violation of ownership or intellectual property rights concerning your content by third parties who gained access through you, whether by direct means, by linking your account to third-party sites or services, or as allowed by these Terms. You confirm and guarantee that:

  • You either own your content or have the legal rights to use it and grant us the permissions and licenses as outlined in these Terms.
  • The digitization, transfer, upload, storage, linking, sharing, or posting of your content on or through Memori Services is lawful and does not infringe on any privacy, publicity, copyright, intellectual property, contract, or other rights of any individual.
  • Sale of Goods And Services


    These Terms and Conditions govern the sale of goods and services available on our Site.

    The following goods are available on our Site:

    • Virtual memorials.

    The following services are available on our Site:

    • Virtual memorials.

    The services will be paid for in full when the services are ordered.

    These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

    We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

    Free Trial


    We offer the following free trial of our goods and services: limited access free trial.

    Payments


    We accept the following payment methods on our Site:

    • Credit Card;
    • Stripe; and
    • Direct Debit.

    When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

    If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

    Shipping and Delivery


    When you purchase goods from our Site, the goods will be delivered through one of the following methods:

    • Standard delivery. Delivery takes 1-5 days.

    Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

    You will not be charged for the delivery of the goods you purchase on our Site.

    If you purchase goods from us for delivery to a destination outside New Zealand your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

    You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

    Refunds


    Refunds for Goods
    Refund requests must be made within 30 days after receipt of your goods.

    Returns


    Returns can be made by mail. To return a good by mail, follow the following procedure:
    57a Spring Street, Tauranga 3110, New Zealand.

    Consumer Protection Law


    Where the Consumer Gurantees Act 1993, the Contract and Commercial Law Act 2017, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

    Limitation of Liability


    Memori and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

    Indemnity


    Except where prohibited by law, by using this Site you indemnify and hold harmless Memori and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

    Applicable Law


    These Terms and Conditions are governed by the laws of New Zealand.

    Dispute Resolution


    Subject to any exceptions specified in these Terms and Conditions, if you and Memori are unable to resolve any dispute through informal discussion, then you and Memori agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Memori. The costs of any mediation will be shared equally between you and Memori.

    Notwithstanding any other provision in these Terms and Conditions, you and Memori agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

    Severability


    If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

    Changes


    These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

    Preservation of data "Forever" in case of insolvency


    We are fully committed to ensuring the long-term success and availability of Memori Services. However, if our Company becomes insolvent, ceases operations, or is otherwise unable to continue providing services to preserve your Memori Account and the content stored under the Memori account, the accounts current guardian will be notified and offer a solution for transferring data to another provider or an export data option. Memori will continue to supply Memori services and access to the accounts for a minimum of two years and then transferring the memories within those Accounts to an alternative permanent sharable storage provider (if one is available), as well as funding that alternative storage for as long as possible.

    Contact Details


    Please contact us if you have any questions or concerns. Our contact details are as follows:
    [email protected]
    57a Spring Street, Tauranga, 3110, New Zealand

    You can also contact us through the feedback form available on our Site.

    Copyright © 2022 Memori All Rights Reserved.