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Keepsake Terms and Conditions of Service

Effective Date: 01st March 2017

Welcome to the Keepsake App.

  1. Overview

1.1 Keepsake App is an online social history app which enables you to record information about your treasured objects and allocate the objects and associated memories to beneficiaries at a stage to suit yourself.  You nominate an Administrator (your Legacy Contact) who can manage the data should they be required.  The Beneficiary is the person who is given specific objects  and the Legacy Contact is the person who will control the sending of emails and notifications about your wishes should they  be required to do so by you.

1.2 Beneficiaries and Legacy Contacts may have access to your data if you invite them.  Below are our detailed terms and conditions (“Terms”) which define your rights, responsibilities and benefits as a user of the Keepsake app which is available for use on iOS devices.

1.3 Our terms of service are effectively a contract between you and Keepsake so make sure that you read all the Terms and Conditions.  By accessing the Keepsake App you are entering into a legally binding agreement with us based on these Terms of Service including our Privacy Statement.  If you don’t agree with any of these Terms or if you have any objections to our App’s Privacy Statement you must not use Keepsake App.

  1. Your Use of the Keepsake App

2.1 The Keepsake App can store text, audio and photographs, all of which remain your property.  Any distribution or publication of this data either on Facebook or other social media is solely your responsibility and Keepsake App is not responsible for any data you choose to make public.

  1. Your Compliance Obligations

3.1 To use Keepsake you must agree that you won’t use Keepsake to break any local laws.  You can use Keepsake but that doesn’t mean that you can copy or redistribute our intellectual property (such as our trademarks, name, logo, source code, etc.)  Again you have to follow your local laws when using Keepsake.  If you breach the copyright or intellectual property of Keepsake or any of its users, your account may be deleted.

3.2 You are responsible for backing-up or saving your content!  We do our absolute best to ensure against data loss and to store data securely but we can’t guarantee against it.  We are not responsible if there is a problem beyond our control with the storage provider.  You can download or save a pdf of the data you have entered.

3.3. You are responsible to ensure that you have the right to, and are entitled to, upload any material onto Keepsake App including any music, photos, videos, documents, etc. 

  1. Registration and Security

4.1 As part of the registration process, you may select to sign up with your email address and a password or sign in with your Facebook account.  You understand and acknowledge that you may not select or use a name of another person without the knowledge and authorisation of that person or use the rights of another person without authorisation.

4.3 You will never be required to reveal your password to any representative or agent of Keepsake.

4.4 You are responsible for all usage or activity on the Keepsake App via your account and as such are responsible for distribution of your password to others for access to the Keepsake App for example to your nominated Legacy Contact.

  1. Keepsake App Usage

5.1 We may undertake maintenance or upgrades to the Keepsake app from time to time, and there may be unplanned outages to the Keepsake app.  Such maintenance, upgrades or outages may affect your ability to access the Keepsake App.  We will try our best to limit such incidents.

5.2 From time to time, you may be required to upgrade the Software to continue using the Keepsake App.  If you decline an upgrade, you may not be able to use or access the Keepsake App.

  1. Fees and Payments

6.1 The first 5 Keepsakes may be stored for free.  Subsequent Keepsakes may be purchased in batches and these attract a one-off fee which may be adjusted from time to time.  Payments are non-refundable.

6.2 In respect of prize draws, competitions, offers, promotions or free trials, the specific terms and conditions that apply may be different from these Terms.

6.3 Keepsake App payment process is handled by Apple and/or its agents through the App Store.  You must comply with their payment terms and other instructions, as specified in the Apple Store.

  1. Communications Between Keepsake and You .

7.1 We may change our Terms of Service or some of our related products and services from time to time.  If we do, we will let you know via the Keepsake App, electronic mail or otherwise.  Please see our Keepsake App Privacy statement for further information on how we manage and process your personal information.

  1. Liability Disclaimer

8.1 No Warranty. We offer the Service on an “as is basis” and we do not accept responsibility for any use of or reliance on the Keepsake App, or for any disruptions to or delay in the Service.  Furthermore, Keepsake does not guarantee the adequacy of the Service or Keepsake App or compatibility thereof to your phone, computer equipment or other electronic environment.  Keepsake does not warrant that the Keepsake App, the Service, its servers, or any emails which may be sent from Keepsake are free of viruses or any other harmful components.

At any stage the data within the app can be exported by the app owner and Keepsake App bears no warranty for the storage of the data.

8.2 No Liability or Endorsement for Third Party Services.

Keepsake may contain links to other websites, apps or services that are not owned or operated by Keepsake.  You agree that Keepsake provides links to such third party providers solely as a convenience and has no responsibility for the content or availability of such websites, and that Keepsake does not endorse such websites or any products or services associated with them.  Your use of such websites will be subject to the terms of use that apply to each such website.   

  1. Modifications to these Terms and the Service

9.1 Keepsake may change these Terms at any time to take account of changes to user preferences, the Internet economy, applicable laws and industry practices, or other reasons.  Changes will be posted on the Keepsake App or webpage or notified by email.  Your continued use of Keepsake after notification of any updated Terms and Conditions of Service will indicate your acceptance of the changes.

  1. General

10.1 These Terms of Service are final and not subject to any negotiation.  Any disputes will be decided under the laws of, and in the courts of, New South Wales, Australia.

10.2 If any of these Terms and Conditions are held to be invalid or unenforceable, the rest of them will still be valid and enforceable.  We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.

10.3 If we choose not to enforce any these Terms at any particular time then we will still be entitled to enforce them at a later date if we so choose.

10.4 You agree to protect and indemnify us against all liabilities, claims and expenses that we incur or suffer as a result of any breach of these Terms by you or otherwise due to your unauthorised use of the Keepsake App.

10.5  We may transfer any or all of our rights and/or obligations under this Agreement to any person, firm or company provided that the transfer does not detrimentally affect your rights under this Agreement.

The Keepsake Team