Terms of Use

The Service is operated by StoryStone (“StoryStone”, “we”, “us” or “our”). StoryStone provides a platform that allows families and authorised persons to create digital memorials that may be accessed by scanning a QR code placed on a headstone, plaque, urn, garden bed or other memorial, or by visiting a link.

“StoryStone” is an unregistered trademark (™) and service mark (℠) of StoryStone. Our content, branding and materials are protected as set out in clause 9.

• You must be at least 18 years of age and able to form a legally binding contract to use the Service.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Please notify us immediately of any unauthorised use.
• You agree to provide accurate, current and complete information and to keep it up to date.

When you create or contribute to a memorial, you represent and warrant that:

• you have the right and authority to create a memorial for the deceased person and to publish the information, photographs, videos, audio and other content you upload;
• you have obtained any necessary consents from surviving family members or other persons who may appear in, or be identified by, the content;
• the content is accurate to the best of your knowledge and is respectful and lawful; and
• your use of the memorial does not infringe the rights (including privacy, intellectual property or moral rights) of any other person.

You acknowledge that memorials may be publicly accessible to anyone who scans the associated QR code or has the link, unless access controls are applied.

You retain ownership of the content you upload (“Your Content”). To operate the Service, you grant StoryStone a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, adapt (for formatting and display), publish and communicate Your Content solely for the purpose of providing and maintaining the Service and the memorials you create.

This licence continues for as long as Your Content remains on the Service and for a reasonable period afterwards to allow for back-up and removal. You may request removal of Your Content at any time.

You must not:

• upload content that is unlawful, defamatory, offensive, misleading, or that harasses or vilifies any person;
• infringe any intellectual property, privacy or other rights;
• impersonate any person or misrepresent your affiliation with any person;
• upload viruses or malicious code, or attempt to gain unauthorised access to the Service or its systems;
• use the Service to send spam or for any unsolicited commercial purpose; or
• use the Service in any way that breaches any applicable law or regulation.

We may remove content or suspend access that we reasonably believe breaches these Terms, having regard to the sensitive nature of memorial content.

• Some features of the Service require payment of fees, which will be disclosed to you before you purchase.
• Subscriptions may renew automatically at the end of each billing period unless cancelled beforehand. We will make renewal terms clear at the time of purchase.
• Except where required by the Australian Consumer Law or other applicable law, fees are non-refundable once a service has been provided.

Where the Service includes the supply of a QR code for engraving or attachment to a physical memorial, you are responsible for the correct and lawful installation of that QR code, including obtaining any permissions required from the cemetery, crematorium, landowner or relevant authority. StoryStone is not responsible for the physical installation, durability or maintenance of any headstone, plaque or memorial.

We aim to provide a reliable and enduring Service and to store memorial content securely. However, we do not guarantee that the Service will be uninterrupted, error-free, or available in perpetuity. We recommend you retain your own copies of important content. We will give reasonable notice before any planned discontinuation of a memorial and, where practicable, an opportunity to export your content.

All intellectual property rights in the Service (other than Your Content), including the StoryStone™℠ name, logo, design, text, graphics and software, are owned by or licensed to StoryStone. You must not copy, reproduce or use our branding or materials without our prior written consent.

Our collection, use and disclosure of personal information is described in our Privacy Policy, which forms part of these Terms. By using the Service you consent to the handling of personal information as described in that policy.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value; and you are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law that cannot lawfully be excluded.

To the maximum extent permitted by law, and subject to clause 11, StoryStone is not liable for any indirect, incidental, special or consequential loss, or for any loss of data, profits or goodwill, arising out of or in connection with your use of the Service. Where our liability cannot be excluded but can be limited, our liability is limited, at our option, to re-supplying the relevant service or paying the cost of having it re-supplied.

You agree to indemnify StoryStone against any claim, loss or liability arising from Your Content, your breach of these Terms, or your unlawful or unauthorised use of the Service, except to the extent caused by our own negligence or breach.

You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or if necessary to protect the Service or other users. On termination, the licences you have granted continue only to the extent necessary for back-up and legal compliance.

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you, such as by posting a notice on the Service or emailing you. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of New South Wales, Australia, and the laws of the Commonwealth of Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.

If you have any questions about these Terms, please contact us through our contact page.