Terms and Conditions

Definitions

In these Terms “we” or “us” refers to My Treasured Memories and persons holding that name including servants and agents.

“Materials” refers to photographs, slides, negatives, frames, paintings, paperwork and any other form of media provided to us for the purposes of being digitalized.

Acceptance

These Terms and Conditions are legally enforceable between you and us with regard to your use of the website located at www.mytreasuredmemories.com.au and any other site that may be operated by us. By using and interacting with any website operated by us, you acknowledge and agree to be bound by these Terms. These Terms include Terms and Conditions included on the website referred to above and any other documents supplied to you containing Terms pursuant to which you may utilise our services and/or our website, including our Privacy Policy.

Update of terms

We retain the right to update these Terms at any time. We will post or display notices of material changes on our websites. Once posted, such updates become effective immediately, and if you use our website after they become effective, you thereby agree to be bound by the updates. We retain the right to modify, suspend or even permanently discontinue all or any portions of our services and website at any time, without any liability or obligation to you, with or without notice.

Sign Up

Parts of our websites are available to all users without the need to register. You may access those pages and features without registering. However to access and use certain services, features or functions of our website, you must sign up. As part of the sign up process, you will need to select and provide to us a unique username and chose a password which must form a unique combination (“A User ID”) and we also request that you provide your email address, and provide other information as we may require for the purposes of providing any requested services. Please read the Privacy Policy, which sets out how your personal information is collected, used, disclosed, and managed and stored by us. Your User ID is personal to you and you must not allow any other person to use your User ID under any circumstances. We disclaim any and all liability for any damages caused by theft or disclosure of Your User ID. You agree to notify us if you become aware of or believe there is or may have been any unauthorised use of Your User ID or any other need to cancel Your User ID for security reasons.

Disclaimers

We are not responsible or liable for any malicious code, delays, inaccuracies, errors or omissions arising out of your use of our websites. You acknowledge and agree that you are assuming the entire risk of using our websites and, subject to these terms, the services, associated with our websites.

You understand and agree that, to the fullest extent permissible by law, neither us, or our affiliates, or its or their respective assessors and assigns, nor any other of our respective officers, directors, employees, agents, licensors, representatives, service providers, advertisers, or suppliers, shall be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of our websites or related to these Terms, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages, regardless of the form of action or the basis of the claim and even if advised of the possibility of such damages. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in these Terms may not apply to you.

We warrant that we shall take all due care of materials provided to us. However we are not liable and assume no liability whatsoever should such materials be damaged by fire, theft, negligence or any other means.

You acknowledge and agree that you accept responsibility for and will make no claim against us in respect of any materials you may elect to send to us for the purposes of us providing services to you and you agree that you shall ensure that such materials are properly packaged and protected for transit to avoid damage and if such properly packed and protected materials are misplaced, lost or otherwise damaged in transit to us, we shall not be responsible or liable for any loss, damage suffered by you as a result thereof.

We warrant that when returning materials to you they shall be properly packaged and addressed to a customer’s address details provided when signing up for our services however you acknowledge that we shall not be liable or assume any responsibility for any loss and/or damage to such materials whilst they are in transit via courier or Australia Post or other postal service provider.

You acknowledge that though we strive for the highest quality work in providing services to customers, we do not represent or warrant that the services provided will be error-free and or that any and all defects will be corrected, improved and enhanced when digitalizing materials from the original source including analogue or digital or whatever its original state.

Indemnification

You agree to indemnify, defend (at your election and cost) and hold harmless us, our affiliates and respective officers, directors, employees, agents, licensors, representatives and service providers, suppliers from and against any and all claims, actions, losses, expenses, damages and costs (including without limitation reasonable lawyers’ fees) resulting from any breach of these terms by you, or resulting from us transporting, sending or delivering any materials you provide, you submit or make available on or through our website or directly to us. We reserve the right to assume, at our expense, the exclusive defence, control of any such claim or action and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defence of any such claims, action, settlement or compromise, negotiations, as required by us.

Copyright

We are committed to the protection of copyright. You agree and declare that all materials provided, sent or delivered to us for us to digitalize or otherwise provide services to you shall not be in violation of any rights of any third parties, including intellectual property rights and copyright entitlements of those third parties. You acknowledge and agree that you shall indemnify us with respect to any claim by a third party of any breach or violation of a third party’s rights both in respect of intellectual property and copyright. You warrant that all materials provided to us are either created by you or you have the permission any person having an intellectual property right or copyright in that material for us to provide to you services to duplicate such material.

Gift cards/gift certificates

Gift cards and/or gift certificates are valid for three years from the date of issue and are not redeemable for cash and cannot be returned for a cash refund. If any order exceeds the value of the gift card or gift certificate, the balance of the order must be paid at the time of order.

Termination of sign up

You may cancel your registration and User ID at any time and for any reason by sending an email to hello@mytreasuredmemories.com.au with your username, full name, email address and requesting termination of your registration. We may terminate your use of and registration on our websites, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind to you or any other party.

Backup service

You acknowledge and agree that where possible you shall retain copies, backups or other duplicates of materials submitted to us.

You acknowledge and agree that if you request our backup service you acknowledge that we use third party providers and your scanned data will be stored with external partners including Google LLC and Spanning Cloud Apps LLC. Although we use reasonable security measures designed to protect your scanned data and information, no data security measures are guaranteed to be completely effective and you acknowledge that we cannot and do not guarantee the security of scanned data and information held by third party suppliers.

If for any reason we cannot store your data you acknowledge that any stored data able to be stored conveniently by other means will be so stored or returned to you in the means capable of being returned and you agree that you have no claim and shall make no claim against us not being able to maintain a backup data storage facility to you.

Applicable law

This agreement shall be governed by the laws of Australia and the parties agree to exclusive jurisdiction of the Court located in New South Wales in respect of any dispute arising out of these Terms.

If any provision of these Terms are held to be illegal, invalid or unenforceable, this will not affect other Terms which will be deemed effective and amended to the extent necessary to make these Terms legal, valid and enforceable.

Version 1.0 June 2019