Terms of Use

This website is operated by MY STORY STONE PTY LTD ACN 700 740 165, ABN 26 700 740 165. Throughout the site, the terms “we”, “us” and “our” refer to MY STORY STONE PTY LTD.

The Service is operated by MY STORY STONE PTY LTD (“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.

A memorial relates to a specific deceased person and, usually, a specific place of interment. To protect families, we only create or activate a memorial for a person who is one of the following (an “Authorised Person”):

• the holder of the right of interment (also called the right of burial or interment right) for the relevant place;
• the executor or legal personal representative of the deceased’s estate; or
• a person acting with the written authority of one of the above.

We may ask you to confirm, and where reasonable to provide evidence of, your authority — for example an interment-right certificate, a cemetery account letter, a grant of probate or letters of administration, or a signed authority from the rights holder. We may decline to create or activate a memorial, or may suspend one, if we are not reasonably satisfied that the person requesting it is an Authorised Person.

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

• you are an Authorised Person, or are acting with the authority of one, and have the right 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 living 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 or plaque (a “StoryStone”) for engraving or attachment to a physical memorial, you agree that:

• a StoryStone may only be affixed to the nominated place of interment or memorial by, or with the authority of, an Authorised Person (as defined in clause 3), and only where any approval required from the cemetery, crematorium, landowner or relevant authority has been obtained;
• each StoryStone carries a unique serialised code, and its digital memorial is only activated once we have verified the associated account;
• you are responsible for the correct and lawful installation of the StoryStone, including obtaining all necessary cemetery or authority permissions before it is fitted; and
• unauthorised placement of a StoryStone — including affixing it to a grave or memorial without lawful authority, or moving a code from one memorial to another — is a breach of these Terms.

Because we host the digital memorial, we may, where we reasonably believe a StoryStone has been placed or used without proper authority, disable the code, freeze or take the page offline, redirect it to a neutral notice, and decline further support, in each case acting reasonably and consistently with the Australian Consumer Law. StoryStone is not responsible for the physical installation, durability or maintenance of any headstone, plaque or memorial.

We are not able to resolve family or succession disputes, and we do not decide who is entitled to control a memorial. Each memorial has one verified account controller, who is ordinarily the Authorised Person.

If a genuine dispute arises about who is entitled to control a memorial or its content, we may freeze public editing, notify the people involved, and keep the position unchanged until we receive written agreement between the parties, a determination by the cemetery or relevant operator, or a court order. We will act on the direction of the rights holder, the cemetery operator, or a court, and we will not host contested allegations about living people. We may keep records of who ordered a memorial, the authority provided, and the nominated place of interment for these purposes.

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.