Effective Date: 02/05/2024

These Digital Legacies Standard Terms of Service (the “Terms”), together with any Additional Terms, Policies, or Purchase Orders (collectively, the “Agreement”), contain the terms and conditions upon which Digital Legacies and its Affiliates (“Digital Legacies,” “we,” “us,” and “our”) provide Services to you, the customer (“Customer,” “you,” and “your”), and govern your use of the Digital Legacies Platform. In the event of a conflict between these Terms and any transaction-specific language found in a Purchase Order, the Purchase Order shall control.

1. About the Terms
1.1 Scope: These Terms govern access to or use by you (the Customer) of the Services and the Digital Legacies Platform, including the creation, management, and sharing of digital memorials.

1.2 Supersession: These Terms supersede all prior agreements, verbal or written communications with you, except if you are a Customer who has entered into a separate Master Services Agreement with Digital Legacies.

1.3 Termination of Services: We may cease offering or deny access to the Services and Platform or any portion thereof at any time for any reason. The exchange of value and consideration for these Terms is the digital memorial service and its associated purchase price.

1.4 Supplemental Terms: Supplemental terms may apply to certain Services, such as policies for a particular event, activity, or promotion. Supplemental terms will be accessible by you in connection with the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

1.5 Amendments: We may amend these Terms from time to time and strongly encourage you to return regularly to this page to review the current Terms. Amendments will be effective upon our posting of updated Terms on this webpage and/or via a link on our website homepage www.digitallegacies.co.za. By continuing to use the Services following any updates or amendments to the Terms, you consent and agree to be bound by the Terms as amended.

2. Your Digital Legacies Online Account
2.1 Account Creation: If you meet the age requirements, you can create a Digital Legacies Account for your convenience. Some services require that you have a Digital Legacies Account in order to work—for example, to create or comment on a memorial page. You’re responsible for what you do with your Digital Legacies Account, including taking reasonable steps to keep your account secure, and we encourage you to regularly change your password and update security as necessary.

2.2 Using Services on Behalf of an Organization: To use our services on behalf of an organization, an authorized representative of that organization must agree to these Terms. Your organization’s administrator may assign a Digital Legacies Account to you. That administrator might require you to follow additional rules and may be able to access or disable your Digital Legacies Account.

3. Customer Responsibilities
3.1 Respectful Conduct: Many of our services allow you to interact with others. We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:

Comply with applicable laws, including those related to privacy and intellectual property.
Respect the rights of others, including privacy and intellectual property rights.
Do not abuse or harm others or yourself (or threaten or encourage such abuse or harm)—for example, by misleading, defrauding, defaming, bullying, harassing, or stalking others.
Do not abuse, harm, interfere with, or disrupt the services.
3.2 Reporting Abuse: If you find that others aren’t following these rules, many of our services allow you to report abuse.

4. Non-Exclusive Access Grant
4.1 Access Rights: You are granted non-exclusive, non-transferable, and revocable access to the Digital Legacies Platform solely for your individual or business purposes, subject to these Terms. This access is limited by the restrictions listed below, as well as user count, location, term, and other transaction-specific details that may be found in an Order Form.

4.2 Restrictions: You may not reproduce, resell, assign, grant access to, license, sub-license, market, or otherwise distribute the Platform or any Digital Legacies Intellectual Property. You also may not:

Attempt to reverse engineer, decompile, disassemble, or otherwise translate or modify the Platform or any Digital Legacies Intellectual Property.
Defeat, disable, or circumvent any protection mechanism related to the Platform, including network, application, or information systems scanning or performing penetration testing.
Allow any third-party, with the exception of our authorized maintenance providers, to maintain or repair the Platform.
Allow or encourage any third-party to do any of the foregoing.
5. Age Requirements
5.1 Parental Consent: If you’re under the age required to manage your own account, you must have your parent or legal guardian’s permission to use a Digital Legacies Account. Please have your parent or legal guardian read these Terms with you. If you’re a parent or legal guardian and you allow your child to use the services, then these Terms apply to you and you’re responsible for your child’s activity on the services.

6. Disclaimer of Warranties
6.1 As-Is Services: The Platform is provided as-is. We do not provide any warranty for the Platform and specifically disclaim any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

7. Suspension/Termination
7.1 Account Activity: You are responsible for all activity that occurs via your account. Services may be suspended for Cause or use of the Platform in a manner that may be unlawful, may harm Digital Legacies or a third party, or materially hinder the performance of the Platform.

7.2 Termination for Cause: Accounts may be terminated for Cause by giving written notice of such Cause to the non-breaching party. Termination for Cause will be effective thirty (30) days after receipt of such notice if such Cause is not cured in all material respects.

7.3 Content Removal: If we reasonably believe that any of your content (1) breaches these Terms, service-specific additional terms or policies, (2) violates applicable law, or (3) could harm our users, third parties, or Digital Legacies, then we reserve the right to take down some or all of that content in accordance with applicable law.

8. Compliance with Laws
8.1 Legal Compliance: Both you and Digital Legacies shall comply with applicable laws. You are solely responsible for monitoring your account for illegal or fraudulent use. If either you or we become aware of a violation of applicable law by itself or the other party, or illegal or fraudulent use, that party must promptly notify the other party of the violation.

9. Content
9.1 Your Content: You retain all rights in and title to your Content except as expressly granted herein. Some of our services are designed to let you upload, submit, store, send, receive, or share your content. You have no obligation to provide any content to our services, and you’re free to choose the content that you want to provide.

9.2 Content License: When you upload Content to the Platform, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license during the Term to use, reproduce, display, distribute, modify (so as to better showcase your Content), perform, and translate the Content as needed in response to user-driven actions (such as when you choose to privately store or share your Content with others).

9.3 Third-Party Content: Our services may give you access to content that belongs to other people or organizations. You may not use this content without that person or organization’s permission, or as otherwise allowed by law. The views expressed in other people or organizations’ content are theirs and don’t necessarily reflect Digital Legacies’ views.

10. Privacy and Security
10.1 Data Security: It is your sole responsibility to keep your account, ID/username, password, Content, and other private or sensitive information confidential. You understand and agree that you are solely responsible for all computer password, data, file, and network security, including but not limited to, an active firewall on your computer and/or network connection, anti-virus software, and anti-spyware software, necessary to secure and protect any Content, proprietary or confidential information that you provide, store, submit, transmit, or disclose directly or indirectly with your use of the Digital Legacies Services.

10.2 Privacy Policy: You can view our privacy statement (“Privacy Policy”) at www.digitallegacies.co.za/pages/privacy, which describes our use of information gained through your use of the Services. You agree to the Privacy Policy, and any changes published to it. You agree that we may use and maintain your data according to the Privacy Policy as part of the Services.

10.3 Electronic Communications: You consent to allow electronic communications, including any information or notices that we may be required by law to send to you or that may pertain to the Services or use of information you may submit in connection with the Services.

11. Use with Your Mobile Device
11.1 Mobile Compatibility: Access to the Services may occur through an authorized mobile application and may not be available for all devices or telecommunication providers. You will need to check the Digital Legacies website to ensure your mobile device and telecommunications provider is compatible with the Services.

11.2 Data Fees: Use of the Services may require a compatible mobile device, an Internet connection, and a telecommunications provider that allows SMS and/or data. You may also be required to obtain or have installed on your mobile device an active mobile operating system and an active telecommunications service provider. These requirements may change over time and you are solely responsible for maintaining a compatible mobile device and telecommunications provider. You understand and agree that Digital Legacies is not responsible or liable for any data or usage charges related to your use of the Services.

12. Limitation of Liability
12.1 Indirect Liability: To the extent permitted by applicable law, neither Digital Legacies nor any of its Affiliates will be liable under this Agreement for any indirect, consequential, incidental, punitive, special, or exemplary damages.

12.2 Direct Liability: Digital Legacies’ and its Affiliates’ total liability for any and all claims under this Agreement is limited to the amount paid to Digital Legacies by you in the twelve months immediately preceding the event giving rise to the claim.

13. Indemnification
13.1 Customer’s Obligation: You agree to indemnify, defend, and hold Digital Legacies harmless from and against any and all damages, losses, costs, liabilities, fines, expenses, claims, and legal actions arising from or related to: (i) your breach of these Terms or any agreement referenced herein; (ii) your violation of any applicable law or regulation; (iii) your use of the Platform; or (iv) your Content.

14. Governing Law and Disputes
14.1 Governing Law: The laws of South Africa will govern this Agreement.

14.2 Dispute Resolution: You agree that any dispute arising from or relating to these Terms or the Services will be resolved in accordance with the dispute resolution provisions set forth in this Section.

14.3 Arbitration: Except for disputes relating to intellectual property rights, any dispute arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services, shall be settled by binding arbitration.

15. Miscellaneous
15.1 Entire Agreement: These Terms and any other agreements incorporated by reference constitute the entire understanding between the parties with respect to the subject matter herein and supersede all prior negotiations, agreements, and understandings of any kind.

15.2 Waiver: No waiver of any of these Terms will be deemed a further or continuing waiver of such Term or any other Term, and Digital Legacies’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.3 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.