Terms of Use

Please read in conjunction with our privacy statement.

Please read this agreement carefully before accessing or using the information and services available through the iMemorial website ("Site"). By accessing or using the Site, you agree to be bound by the terms and conditions below.

iMemorial may modify this agreement at any time, and such modifications and add shall be effective immediately upon posting the modified agreement on the Site.

Disclaimer

Under no circumstances, iMemorial Website, its officers, agents or anyone else involved in creating, producing or distributing the service be liable for any direct, indirect, incidental, special or consequential damages that result from the use or the inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to our records, programs or services.iMemorial Website disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. iMemorial Website may however review, delete or block access to communications that could harm iMemorial Website, its customers or third parties.

The grounds on which iMemorial Website may take such action include, but are not limited to, actual or potential violations of our Terms of Service and/or Acceptable Use Policy.

We reserve the right to revise our policies or terms of service at any time.

Notification of all amendments will be displayed publicly on our website - it is your responsibility to check our website and your iMemorial Website account login periodically to ensure you stay informed of any change.

Copyright and trademarks

Copyright in the material, logos and trademarks on this Site are owned by iMemorial Limited ABN 27 969 033 554 ("iMemorial ") unless otherwise indicated and you agree not to infringe any intellectual property rights owned by iMemorial.Information for personal, non-commercial use only.

You agree that information contained on this Site is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence). You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software. You must not use this Site for any purpose that is unlawful or prohibited by these terms of use.

You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication), except with Our prior written consent.

No misrepresentations allowed

You agree that it is a condition on your use of the iMemorial Site and of any other services provided by iMemorial or through the Site that you will not through any act or omission (including but not limited to creating a profile on the iMemorial Site) mislead or deceive others.

Access to the Site outside Australia

We do not represent or warrant that this Site or the Content complies with the laws of any country outside of Australia. If you access and use this Site or the Content from outside Australia, you do so at your own risk.

Usage rules

This Site and the Content is supplied solely for reference purposes.

You may download and print content from this Site for your own non-commercial use.

Except as permitted under the Copyright Act 1968 (Commonwealth), other applicable laws, or as expressly authorised by us or these Terms, you must not:

  • Adapt, reproduce, copy, store, transmit, print, communicate to the public, distribute, publish, create derivative works from or use any part of this Site, the Share Service, or the Content for any purpose whatsoever.
  • Use any of the Site, the Share Service, or the Content for commercial purposes or commercial gain or to establish, operate or maintain your own product or service offering.
  • Whether through the use of additional software, the Share Service or otherwise, data mine or conduct automated searches of this Site or the content.
  • Incorporate any of the Content with any other material, including advertising and promotional material.
  • Create links to this Site from any other website on the internet or frame or mirror this Site.
  • Tamper with, hinder the operation of or make any modifications to this Site, the Share Service, or the content.
  • Knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via this Site or the Share Service.
  • Use this Site, the Share Service, or the Content to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003. (Commonwealth); or attempt to do, or permit any other person to do, any of the above acts.

Our rights to terminate, suspend or limit your access to the Site

  • We may suspend, terminate or limit your access to this Site and/or the Share Service (as applicable) at any time with as much warning as we reasonably can, including (without limitation) if:
  • We reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to this Site (as applicable).
  • The law requires us to do so.
  • We believe on reasonable grounds that providing you with access to this Site, the Share Service or the Content is illegal or may become illegal.
  • There is an emergency.
  • If it is necessary for maintenance or repair of relevant equipment or systems; or if there are other reasonable grounds for us to do so.

Other websites

iMemorial site may contain links to other websites which are not maintained or controlled by us or our related companies ("third party site"). Third party sites are not part of this Site. These links are provided by us solely for your convenience and we may remove, change or alter these links at any time.

We make no representations or warranties whatsoever about any third party site. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to any third party site, you leave this Site, (as applicable) and do so entirely at your own risk.

No guarantees as to the service

iMemorial provides no warranty to you that the services generally available through its site will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that iMemorial cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

General

If any of these Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.

If we do not act in relation to a particular breach by you of these Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of these Terms, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.

These Terms (and your dealings with us) are subject to the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of that State.