These Terms govern your use of Held In Memory Australia ("Held In Memory", "we", "us"), including its accounts, tribute pages, guestbooks, QR links and assisted services. By creating an account, purchasing a service or using the website, you agree to these Terms.
Who may use the service
You must be at least 18 years old and able to enter a binding agreement. You must provide accurate account information, keep login details secure and promptly tell us about suspected unauthorised use. You are responsible for activity performed through your account.
Your authority and responsibilities
You must have the rights, permissions and family authority reasonably needed to create a tribute and provide its content. This includes permission to use photographs, writing, livestream links, charity links and personal information about living people. You remain responsible for the accuracy, sensitivity and legality of content you submit or approve.
Your content and licence to us
You retain ownership of content you provide. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, resize, back up, transmit and display that content only as reasonably necessary to operate, secure and improve the service and honour the visibility settings you select. This licence ends when the content is deleted, except for reasonable backup, legal and security retention.
Guestbook contributions and moderation
Guestbook contributors must submit respectful and truthful material they are entitled to share. Tribute owners and authorised family approvers control whether contributions are published, hidden or removed. We may also remove or restrict content that is unlawful, abusive, misleading, defamatory, invasive of privacy, infringing, malicious or otherwise harmful to people or the service.
Prohibited use
You must not:
- impersonate another person or create a tribute without reasonable authority;
- upload unlawful, threatening, hateful, defamatory, exploitative or infringing content;
- publish sensitive information about living people without appropriate permission;
- attempt to bypass access controls, probe security, introduce malware or disrupt the service;
- scrape, resell or use the service to send spam or unsolicited promotions; or
- use a tribute, QR link or guestbook for fraud, harassment or another unlawful purpose.
Plans, payments and refunds
Prices are displayed in Australian dollars unless stated otherwise. Payment processing may be provided by Stripe or another provider under its own terms and privacy policy. A "Lifetime" plan means no recurring subscription fee for that tribute while Held In Memory continues to operate the relevant hosted service; it is not a promise that technology or the business will exist forever. We will not use this wording to remove any right or remedy you have under the Australian Consumer Law.
Refunds, cancellations and remedies are provided where required by the Australian Consumer Law and any additional refund terms shown at purchase. Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded.
Availability, links and backups
We work to keep tribute pages available, but maintenance, hosting failures, internet outages, security incidents and events outside our reasonable control may interrupt access. Keep your own copies of important stories and photographs. Third-party websites, charities, maps, livestreams and payment services are operated by others, and we are not responsible for their content or availability.
Privacy
Our Privacy Policy explains how we handle account, memorial, guestbook, Google sign-in, payment and technical information. Public tribute content can be viewed and reshared by others, so choose visibility settings carefully.
Suspension, closure and deletion
You may ask us to close your account or remove content. We may suspend or terminate access where reasonably necessary to protect people or the service, investigate misuse, comply with law, address non-payment or enforce these Terms. Where practical, we will provide notice and an opportunity to correct the issue. Terms that by nature should continue—including ownership, accrued payment obligations and lawful liability limits—survive closure.
Liability
To the maximum extent permitted by law, we are not liable for indirect or consequential loss, loss caused by content supplied or approved by users, third-party services, or events outside our reasonable control. This does not exclude liability or remedies that cannot be excluded under the Australian Consumer Law or another applicable law.
Changes and governing law
We may update these Terms to reflect service, security or legal changes. Material changes will be notified reasonably, and the effective date will be updated. Australian law applies, together with the laws of the state or territory that has jurisdiction over the transaction.
Contact
Questions, complaints and account requests can be sent to privacy@heldinmemory.com.au.