Memories
Terms and Conditions
Background
These terms and conditions (“Terms”) govern your use of the Website.
By using the Website, you agree to be legally bound by these Terms.
If you do not accept these Terms, you are not permitted to and must not use the Website.
Definitions
Unless expressly provided otherwise, in these Terms:
“Account Details” means a username, password and any other details provided by Memories to a Page Administrator for the purpose of accessing or administering a Page.
“Charity” means any body or corporation being a charity wheresoever situate and any corporation or unincorporated association established in any part of the world wholly for charitable purposes and the trustees (in their capacity as such) of any trust or settlement established in any part of the world for charitable purposes.
“Content” means any content or materials including (but not limited to) still or moving images, videos, sound recordings or other audiovisual materials, artistic works, written works and personal information posted to a Page by a User.
“Fee” means any one-off fee that may be charged by Memories from time to time.
“Guest User” means a User other than Page Administrators.
“Guestbook” means the online registration system provided on the Website for Guest Users.
“Intellectual Property Rights” means copyright, all rights conferred under statute, common law or equity in relation to inventions (including patents), registered and unregistered trade marks, registered and unregistered designs, look and feel, trade secrets, circuit layouts and all other rights resulting from intellectual activity in, but not limited to, the industrial, scientific, literary or artistic fields and includes moral rights.
"Lifetime" means 25 years, or as long as the website is operational.
“Memories”, “us”, or “we” means Memories Group Limited (ACN 168 078 055) , its subsidiaries and its subsidiaries’ directors, officers, employees, agents and advisors.
“Order” means an order of a Retail Product made on the Website from time to time.
“Page” means a timeline or any part of the Website that allows you to upload or store media in a collaborative environment.
“Page Administrator” means a User that is granted the rights to administer a Page by Memories.
“Partner” means the various retail partners with whom Memories partners with from time to time to provide the Retail Products.
“Payment Method” means the method by which you choose to pay the relevant Subscription Fee.
“Platform” has the meaning given to that term in clause 7 of these Terms.
“Privacy Policy” means the privacy policy of Memories (as amended from time to time), the current version of which can be accessed at the following link: https://memories.net/privacy-policy.
“Promotions” has the meaning given to that term in clause 5.
“Promotional Period” has the meaning given to that term in clause 5.
“Purpose” means the creation of a Page to commemorate the life of a Subject.
“Retail Products” means the virtual and physical products that are available to purchase on a one-of basis on the Website from time to time.
“Service” means the service provided by us allowing you to post Content on the Website about a Subject by creating a Page.
“Subject” means a person for whom a Page is created.
“Subscription Fee” has the meaning given to that term in clause 4 of these Terms.
“Subscription Fee Period” has the meaning given to that term in clause 4.
“Subscription Plan” has the meaning given to that term in clause 4 of these Terms.
“Terms” means these terms and conditions.
“User” means a user of the Service.
“Website” means memories.net, memories.com.au, memories.co, memories.co.uk and includes any version of the Service (including any “app” or similar version) that is able to be viewed or accessed on any type of device, including but not limited to tablet devices, and unless the context requires otherwise, includes all related services.
“Website Material” has the meaning given to that term in clause 11 of these Terms.
“you” and “your” and means the person reading these Terms or such other terms or policies adopted in accordance with these Terms.
Creating a Page
A User can create a Page using the Website.
Unless the Page relates to you, you must only establish a Page in respect of a Subject that is deceased.
In order to create a Page, you must provide your:
full name;
address;
email address; and
if purchasing a paid Subscription Plan, bank account details for the purpose of paying the Fee.
Once you have created a Page, Memories will assign you as Page Administrator for that Page and will give you the Account Details for that Page.
You may choose to remove the Page at any time. Memories may permit two or more individuals to act as Page Administrator on each Page, with each having equivalent rights in respect of approval and removal of Content. You can apply to appoint other Page Administrators by following the prompts on the Website.
A Page Administrator cannot be transferred to another person other than in accordance with these Terms.
A Page Administrator must:
be at least 18 years of age; and
not be a person that Memories has prohibited from using the Service.
If you are the Subject of a Page, you must nominate another Page Administrator. Once you have nominated another Page Administrator, we will notify them of the nomination and request their consent to become a Page Administrator. Upon obtaining their consent, they will be given the Account Details for the relevant Page and will have all of the rights of access to and use of the relevant Page as the Page Administrator.
Subscription and Fees
You can subscribe via the Website to our Service by signing up to a subscription plan displayed on the Website (“Subscription Plan”).
You acknowledge that, in respect of a paid Subscription Plan, a Subscription Fee may be imposed upon signing up to the Subscription Plan, and, if applicable, using the Service. No Subscription Fee will be imposed for creating a Page under a free Subscription Plan. A different monthly subscription fee (“Subscription Fee”) applies to each Subscription Plan. The full monthly Subscription Fee for each Subscription Plan will be displayed at the time of purchase including, where applicable, any introductory pricing for a specified period. The applicable Subscription Fee will become payable on the date that you sign up to the Subscription Plan, and will be payable monthly until termination of your Subscription Plan (“Subscription Fee Period”).
By signing up to a paid Subscription Plan and providing us with your Payment Method, you authorise us to charge your Payment Method the Subscription Fee for your chosen Subscription Plan for each Subscription Fee Period in accordance with these Terms.
If you choose to pay via a third party biller, your Subscription Fee will be charged by that third party and may be subject to additional third party billing terms which will be notified to you by the third party biller.
We may increase your Subscription Fee at any time by giving at least 21 days’ notice to you. We will provide this notice to you by email to the email address linked to your account. Any increase in the Subscription Fee will be effective on your next Subscription Fee Period payment date. If you do not agree to any increase in your Subscription Fee, you may cancel your Subscription Plan through your account.
We may also increase your Subscription Fee without notice if required by law, or if any regulatory authority requests or requires a change to any part of our pricing which directly affects your Subscription Fee or our pricing structure. If this happens, we will use best endeavours to give you reasonable notice. If you do not agree to that increase in your Subscription Fee, you may cancel your Subscription Plan through your account.
You may cancel your Subscription Plan through your account at any time. Your cancellation of your Subscription Plan will be effective at the end of that Subscription Fee Period, and your Subscription Plan will be discontinued from this date.
You will only receive a pro rata refund of any fees or other amounts already paid to us if:
you cancel as a result of us changing these Terms or our Privacy Policy in a way that you do not agree with, in which case, you must notify us within 14 days of our notice to you about that change, and your cancellation will be effective as of the date of the change to these Terms or our Privacy Policy; or
you cancel as a result of an increased Subscription Fee pursuant to these Terms, in which case, you will be entitled to a pro rata refund of any amounts paid by you of the higher Subscription Fee, and your cancellation will be effective immediately.
You can choose your Subscription Plan when you create a Page. If you already have a Page, you can upgrade or downgrade your Subscription Plan at any time in the “profile” on the Website.
If you upgrade your Subscription Plan, you will be able to access your new Subscription Plan immediately. The new Subscription Fee will be applied pro rata for the remainder of your Subscription Fee Period (unless you are in a free trial) and you will be charged immediately upon upgrade. The full new Subscription Fee will be applied at start of the next Subscription Fee Period.
If you wish to downgrade your Subscription Plan, the downgrade will take effect at the end of that Subscription Fee Period (or free trial if applicable). If applicable, the full new Subscription Fee will be applied at the start of the next Subscription Fee Period.
You may also be able to purchase certain Services for a one-off Fee from time to time.
Promotions
Your access to a Page including your Subscription Plan may include a free trial period, or other promotional discount or benefit (“Promotions”). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotion in our absolute discretion.
Some Promotions may run for a certain specified period of time that will be displayed on the Website (“Promotion Period”).
Your credit card may be charged a small nominal amount to verify your credit card, but this verification charge will be refunded without you needing to take any further action.
It is your responsibility to know when your Promotion, and the applicable Subscription Fee for your Subscription Plan once the Promotion has ended.
You acknowledge that at the conclusion of the Promotion, we will commence billing you the monthly Subscription Fee if applicable for your then current Subscription Plan in accordance with these Terms, unless you:
cancel your Subscription Plan prior to the end of the Promotional Period; or
downgrade your Subscription Plan to a free Subscription Plan prior to the end of the Promotional Period.
We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotion or free trial in our discretion for the purposes of preventing abuse of the Promotion or free trial. Promotions and free trials may be subject to terms and conditions published on the Website, which shall apply in addition to and prevail to the extent of any inconsistency with these Terms.
Orders of Retail Products
Retail Products will be available to purchase on the Website from time to time.
To purchase Retail Products on the Website, you must place an Order.
For some Retail Products, you may need to place your Order directly through a Partner website and may be required to use any applicable discount code that will be displayed on the Website.
If you make an Order, you:
agree to pay the price of the Retail Products and the applicable delivery fee;
warrant to us that all information provided by you in relation to that Order is accurate, complete and current; and
warrant to us that the Retail Products the subject of your Order are intended for personal, domestic or household use and are not intended for commercial use.
Once you make an Order, Memories will email you an acknowledgement confirming receipt of your Order. This acknowledgement does not constitute our acceptance of the Order. We reserve the right to ask you to provide additional details or to verify your identity before Memories processes your Order. Unless you cancel your Order, acceptance of your Order and the contract between you and Memories will be completed when:
for physical products, we (or our authorised agents) email you to confirm that your Order has been dispatched and has been handed over to the designated carrier; or
for virtual products, the products are sent to the gift recipient via email or the products are posted to the recipient’s Page after purchase.
Completion of Orders is subject to the availability of the Retail Products.
In certain circumstances, the Retail Products will be supplied by a Partner.
We reserve the right not to accept your Order in the event that we are unable to obtain authorisation for payment, the item is out of stock or for any other reason that we reasonably determine. If applicable, we may reject Orders for delivery outside of Australia or to rural or remote locations or to post office boxes or postal lockers within Australia.
If you place an Order for someone else to receive the Retail Products, you must obtain their consent before providing Memories with their personal information and, by placing an Order, you confirm to Memories that you have done this.
Memories reserves the right to cancel, at any time before delivery for whatever reason, an Order that it has previously accepted. Memories may be able to do this, for example but without limitation, where:
Memories’ suppliers are unable to supply the Retail Products that they have previously promised to supply;
an event beyond the control of Memories, such as a storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems means that Memories is unable to supply the Retail Products within a reasonable time;
Retail Products ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted; or
you ask Memories to cancel your Order in accordance with these Terms.
If we cancel your Order under these Terms, we will refund to you all monies you have paid pursuant to the cancelled Order.
Pricing of Retail Products
Retail Products are listed on the Website and are subject to change.
Prices for Retail Products and delivery fees for Orders are listed on the Website and, unless otherwise specified, are in Australian Dollars and are inclusive of any applicable Australian taxes, including GST.
Prices for Retail Products in an Order and the delivery fee for that Order are fixed once an Order has been confirmed by us, but prices for Retail Products and delivery fees for Orders are otherwise subject to change.
Discounts may be given at our sole discretion on terms and conditions notified to you by us at the time of the relevant offer.
From time to time, Memories may determine that, in relation to the sale of certain Retail Products, a donation be made by Memories to a Charity. Memories retains the right to decide, in its discretion, the Retail Products to which this may apply, and the associated donation that Memories will make.
A Lifetime subscription provides digital services to the user to access for 25 years, or for as long as the website is operational. Products may not be used outside of what Memories considers fair use for non-commercial or personal use.
Delivery of Retail Products
If we have received payment in full for your Order, if applicable, we will use our reasonable endeavours to ship your Order to you in a timely manner.
Following shipping of your Order, we will send a confirmation email and invoice for your Order to your nominated e-mail address.
You acknowledge and agree that the shipping or delivery of your Retail Products may be delayed. To the maximum extent permitted by law, we will not be liable for and you forever release and discharge us from any claims you may have against us for any direct, indirect, special, consequential or other damages that result from, are connected with, arise out of, or are incidental to that delay, unless the delay is caused by our negligence.
If you have provided us with an incorrect or incomplete delivery address for your Order or your Order is otherwise returned to us, we may charge you a delivery fee for each subsequent delivery attempt.
Title to and risk in the Retail Products passes to you at the time of delivery of the Retail Products to your nominated delivery address or your account, as applicable.
If you purchase Retail Products from outside Australia, your purchase may be subject to import duties, fees and taxes, which are determined once your shipment reaches your country and is payable by you. You may also be required to pay additional customs clearance charges. Memories is not liable for such import duties, fees, taxes or charges. In addition, orders shipped internationally may be subject to customs clearance procedures that can cause delays beyond our control. If you choose to refuse a shipment from Memories due to a change of mind, you are still responsible for the original shipping charges, duties, fees, taxes and or customs charges incurred, and the cost of return shipping.
Credits, Refunds and Returns
In relation to our Services, if you are eligible for any credit or refund, the credit will apply to your account. If you subscribe to multiple Services, it will be applied to the next Service for which you are billed.
In relation to Retail Products, if you believe you are entitled to a repair, replacement or refund of a Retail product, please notify us via email at store@memories.net as soon as possible. In your email, please specify the following information:
your name;
your address;
your phone number;
your email address;
a description of the Retail Product that you believe you are entitled to have repaired, replaced or refunded and the reason for this; and
details of the relevant Order, including your receipt number and an invoice for that Order.
Once we receive your email, we will assess the circumstances outlined in your email. Depending on the Retail Product and the relevant circumstances, we may require you to return the physical Retail Product to an address that we will provide to you in our response. We will provide to you a repair, replacement or refund (as applicable) of the Retail Product according to our obligations under the Australian Consumer Law.
We will not provide a repair, replacement or refund of a Retail Product for change of mind returns.
Rights under Australian Law
Australian law, including the Australian Consumer Law, provides you with certain rights in respect of our Services and your Order that cannot be excluded by these Terms, including that:
(a) your Retail Products will be of acceptable quality, will be reasonably fit for any disclosed purpose and will correspond with any relevant description; and
(b) the Services will be rendered with due care and skill.
Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy imposed or implied by law, including the Australian Consumer Law, which cannot by law be excluded, restricted or modified.
Application of third-party Standard End User License Agreements
In addition to these Terms, where you have obtained a version of the Website through the Apple AppStore or other similar application platform (“Platform”), you acknowledge that your use of the Website is governed by these Terms and the Platform’s standard end user licence agreement if and to the extent applicable. In the event of any inconsistency between these Terms and such standard end user licence agreement of the Platform, these Terms shall take precedence over any standard end user licence agreement.
Adding Content to a Page
Content can be added to a Page by Users and Page Administrators.
Guest Users that are not Page Administrators can only add Content to a Page by signing up to the Service.
Page Administrators are entitled to accept, reject or exclude Guest Users from posting content on a Page.
Rules for posting Content
When posting any Content onto a Page or otherwise posting any content or interacting with the Website and other Users, you must:
be over 13 years of age;
only use the Website for the Purpose and for no other purpose;
not use the Website for any unlawful purpose and not to violate any applicable local, state, national or international law;
not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
be respectful of each Subject and their friends and family;
not post any Content about any living person by which they may be personally identified without their prior written consent (which you must provide to us within 5 days of a request for same by us) or which in any way compromises another living person’s privacy or breaches confidentiality. When obtaining such consent you must also obtain their consent for us to collect their information in accordance with our Privacy Policy;
not post any personal information or images identifying a minor without the prior written consent of that individual’s parent or guardian;
not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
not submit Content that contains material that is untrue, inappropriate, tasteless, likely to cause distress, harmful or inappropriate for minors to view, culturally insensitive, unlawful, threatening, abusive, hateful, profane, defamatory, obscene, pornographic, racially vilifying, deliberately provocative or indecent;
not submit Content that is of nuisance value or vexatious;
not infringe the Intellectual Property Rights of others.;
not upload files, or cause users to upload files, that contain viruses, worms, "Trojan horses", corrupted files, or any similar software or programs that may adversely affect, overburden or disable the operation of the Website or the operation of another's computer or other device;
not advertise any goods or services (except where paid advertising is permitted). Sending "junk mail", "spam", "chain letters", "pyramid schemes" and similar activities are strictly prohibited;
not solicit anyone to buy or sell products or services, or to make donations of any kind on the Website, without our express written approval; and
not use a Page for the primary purpose of promoting a cause or movement, whether political, religious or otherwise, nor for the purpose of commemorating or glorifying an individual that is generally considered to be of ill repute or unscrupulous.
You acknowledge that, without limiting any other remedy we may have, we reserve the right to remove any Content that breaches these Terms.
Intellectual Property Rights
We make no claim to ownership of the Intellectual Property Rights in the Content posted by Users in a Page, but if you post any Content, you:
grant us a non-exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any Content you post or upload and to sub-licence the same for such purposes in connection with the provision of the Services as Memories considers necessary from time to time;
grant us the right to use your name and other information that you provide in connection with that Content (subject to our Privacy Policy); and
you warrant that you have all necessary rights and consents in the Content that you contribute and that the Content does not in any way breach these Terms.
Use of Website Material
The contents of the Website (other than Content), including all other text, graphics, images, logos, icons, photographs, audiovisual material and other content (“Website Material”) are or may be protected by Intellectual Property Rights. Intellectual Property Rights in that material are either owned by or licensed to us.
You may access and view the Website Material for the purpose of your personal use of the Website. Other than for the purpose of your personal use of the Website and except if and as expressly authorised by these Terms, you may not, without our prior written permission, in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish, reverse engineer or create derivative works from any Website Material;
commercialise or on-sell any information, content, products or services obtained from any part of the Website;
mirror or frame the Website or any part or page of the Website; or
use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Website Material or generate or compile any document, index or database based on the Website Material.
If you are a recognised media outlet or a commercial online publication, you may use the Website Material subject to you acknowledging Memories as the source of the relevant material re-published by you.
You agree not to disclose to any person or entity, personally identifiable information about other Users that you learn using the Website (whether posted in a Page or e-mailed to you by a User) without the express written consent of such User.
Links
The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Our inclusion of linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any materials, products or services referred to or contained on those linked websites, unless and to the extent expressly stipulated to the contrary.
Reviewing and removing content
Memories does not pre-screen postings and to the maximum extent permitted by law we are not responsible or liable in respect of any Content.
We reserve the right (but disclaim the obligation or responsibility) to monitor Content.
We encourage you to notify us of inappropriate or illegal Content and we reserve the right to remove Content posted in breach of these Terms.
If you believe yours or another person or entity’s Intellectual Property Rights have been infringed, please contact us at: Help@memories.net
You may “flag” Content for inappropriateness. We will endeavour to review and, if we consider necessary and appropriate, remove as soon as possible, any Content that has been flagged by two or more Users.
We reserve the right to edit or abridge Content and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our reasonable discretion in order to ensure the orderly, lawful and efficient operation of the Website.
Subject to our right to modify, suspend or discontinue any Page or the Website, any Page created on the Website, and its associated Content, will remain available online so long as Memories continues to conduct its business and operate the Website.
Disputes about Pages or their Content
We will endeavour to take into account the wishes of immediate family of a deceased in relation to the establishment of or the Content appearing on a Page, however we reserve the right to remove any Content or Page in its entirety and the right to merge the Content of any two or more Pages relating to the same Subject, at our discretion, including in the event of a dispute over the administration of or Content appearing in a Page.
Privacy, Security of Information and data and system integrity
Memories will take all reasonable steps to ensure the security of the Website. Our policy on the collection, use and disclosure of your personal information is set out in our Privacy Policy which forms part of these Terms.
If you are a Page Administrator, you must keep your Account Details secure and confidential and not provide those details to any third party under any circumstance unless required by law. You may not transfer your rights as Page Administrator to another person without our prior written consent.
Memories will collect, store, use, disclose, protect and otherwise handle your personal information (and the personal information of others) in accordance with our Privacy Policy. Nevertheless, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot guarantee the security of any information which you transmit to us. Accordingly, any information which you transmit is at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Our products are provided “as is”. Subject to your rights and remedies under the Australian Consumer Law, we do not represent, warrant and make no guarantees that they will always be safe and secure, and that the Website or any Content will be available uninterrupted or error free or that any defects in the Website will be corrected in a timely manner or otherwise.
Indemnity
To the maximum extent permitted at law, you agree to indemnify, and keep indemnified, Memories against any and all liabilities, costs (including legal charges), claims, loss, demands or damages directly or indirectly related to or connected with:
your breach of these Terms; or
infringement by you of a third party’s Intellectual Property Rights.
Limitation of liability
To the maximum extent permitted at law, you acknowledge and agree that Memories will not be liable to any person for, and you forever release and discharge us from any claims that you have now or may have against us, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business, whether caused by any User or Memories.
In the event of a breach by Memories of a condition, warranty or obligation under these Terms, to the maximum extent permitted by law, Memories’ liability for such breach is limited to:
the replacement of the goods or the re-supply of equivalent goods or services;
payment of the cost of replacing the goods or acquiring equivalent goods or services;
reimbursement of any charges deducted in error; or
refund of charges paid for the Service,
as determined by Memories in its discretion.
To the maximum extent permitted at law, we also disclaim all warranties and representations, whether express or implied. We do not control or direct what people and others do and say, and we are not responsible for their actions or conduct (whether online or offline), or any content that is shared (including offensive, inappropriate, obscene, unlawful or other objectionable content).
Nothing in these Terms is intended to or has the effect of restricting, limiting or modifying your rights and remedies under the Australian Consumer Law.
Warnings
You must ensure that your access to the Website is not illegal or prohibited by laws or policies (such as employers’ usage policies) that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility or liability for any interference or damage to your own computer which arises in connection with your use of the Website or any linked website or service and which is not attributable to Memories.
Termination and prohibition of access
If we form the view there is a breach or threatened breach of these Terms by you, we reserve the right to suspend or terminate your access to the Website without notice. To the maximum extent permitted at law, these Terms survive such suspension or termination.
Memories reserves the right to ban any person from using the Service on the basis of past or threatened breaches of these Terms.
You can cancel your Subscription Plan at any time.
If you cancel your Subscription Plan due to change of mind, no pro rata refunds will be provided.
If you cancel your Subscription Plan in accordance with clause 4 of the Terms due to an increase in the Subscription Fee which you do not accept, a pro rata refund will be provided calculated in respect of the unexpired portion of that Subscription Fee Period.
If you cancel your Subscription Plan in accordance with clauses 24 or 27 because you do not agree to new terms or revised terms respectively, a pro rata refund will be provided calculated in respect of the unexpired portion of that Subscription Fee Period.
Additional terms and policies
Memories reserves the right to put in place and adopt any further additional terms and policies that it considers reasonable and necessary.
You should visit the Website periodically to review these Terms. However, Memories will notify you by email to the email address linked to your Page when any such new terms and policies are displayed on the Website.
If you do not agree to the new terms, you may cancel your Subscription Plan through your account.
Severability
Any provision of these Terms which is void or unenforceable may be severed from these Terms without affecting the enforceability of other provisions.
Waiver
Any failure or delay by us to enforce or exercise a power or right or provisions of these Terms will not constitute a waiver of those rights or provisions, and the exercise of a power or right by us does not preclude our ability to exercise that or any other power or right in the future. All rights not expressly granted are reserved.
Amendment
We reserve the right at our reasonable discretion to revise these Terms at any time. You should visit the Website periodically to review these Terms. However, we will notify you by email to the email address linked to your account when amendments are displayed on the Website. Amendments will be effective immediately upon notification on the Website. If you do not agree to the revised terms, you may cancel your Subscription Plan through your account.
Governing Law
These Terms are governed by, and must be construed according to, the law in force in the State of Victoria, Australia. The Courts in that State will have the exclusive jurisdiction to determine disputes in relation to these Terms or any other matter concerning the operation of the Website.
Effective Date
These Terms are effective on and from 10/12/20
Child Protection Policy
Background
This child protection policy (“Child Protection Policy”) sets out how Memories’ Personnel must engage with Children in the course of their work for and on behalf of Memories.
The problem of Child Abuse is a global one, however, we will work, through the implementation of this Child Protection Policy, to address the denial of Children’s protection rights and ensure that Children are not harmed in any way as a result of their involvement in our work.
The UNCRC is the foundation of Memories’ work on Child Safeguarding. Children’s rights as enshrined in the convention act as the motivation for both our internal and external Child protection measures and activities.
Definitions
Unless expressly provided otherwise, in this Child Protection Policy:
“Child” means any person under the age of 18 years.
“Child Abuse” means abuse that happens to male and female Children of all ages, ethnicity and social backgrounds, abilities, sexual orientation, religious beliefs and political persuasion, including physical, sexual, emotional, neglect, bullying, Child labour and family violence. Child Abuse can be inflicted on a Child by both men and women, as well as by young people themselves and in some cases; professionals and other adults working with Children in a position of trust also abuse Children.
“Child Exploitation” means the use of the Child in work or other activities for the benefit of others that are to the detriment of the Child’s physical and mental health, education, or moral and social-emotional development, including, but not limited to, Child labour, Child trafficking and Child sexual exploitation.
“Child Protection” means the responsibilities and activities undertaken to prevent or stop Children being abused or maltreated.
“Memories”, “us”, or “we” means Memories Group Limited (ACN 168 078 055), its subsidiaries and its subsidiaries’ directors, officers, employees, agents and advisors.
“Personnel” means Memories’ directors, officers, employees, agents, advisors and other persons engaged by Memories on short term contracts such as consultants and contractors (including researchers and photographers).
“Child Protection Policy” means this Child Protection Policy.
“Safeguarding” means actions, policies and procedures that create and maintain protective environments for Children including to protect them from exploitation and abuse of all kinds.
“Terms” means the terms and conditions of Memories (as amended from time to time), the current version of which can be accessed at the following link: https://memories.net/terms-and-conditions.
“UNCRC” means the United Nations Convention on the Rights of the Child.
“User” means a user of the service provided by Memories.
“Website” means memories.net, memories.com.au, memories.co, memories.co.uk and includes any version of the Memories service (including any “app” or similar version) that is able to be viewed or accessed on any type of device, including but not limited to tablet devices, and unless the context requires otherwise, includes all related services.
“you” and “your” and means the person reading this Child Protection Policy.
Our approach to Safeguarding
Principles
Our approach to Safeguarding is driven by a number of principles which are informed by the UNCRC, all applicable Australian and overseas Child Protection laws and by Memories’ values and understanding of best practice, specifically:
Zero Tolerance: Memories has a zero tolerance to Child Exploitation and Abuse;
Protection from Harm: all Children have a right to protection from harm and abuse, regardless of age, ability, gender, racial heritage, religious beliefs, sexual orientation, identity or additional vulnerabilities;
Best Interests of the Child: the best interests of the Child are paramount in all considerations about their welfare and protection, including when to maintain confidentiality and when to share information about them; and
Sharing Responsibility: to effectively manage risks to Children, Memories requires commitment, support and cooperation of Personnel and Affiliates. We will escalate our concerns in our efforts to be satisfied that the Child has been protected, taking a stand in cases where we consider the protection of the Child has not been taken seriously either within Memories or those investigating Child Protection.
Memories understands that the Child's welfare is paramount and this means that the Child's safety and protection must be the most important consideration and take priority over everything else. These procedures outline what action should be taken if you have concerns about a Child's Safeguarding including Child Protection.
Scope
This Child Protection Policy applies to all Personnel in relation to their work for or on behalf of Memories.
For the avoidance of doubt, this Child Protection Policy does not does not apply to content posted on the Memories Website by Users. Such content is covered by Memories’ Terms.
Risk Assessment
Memories recognises that there are a number of potential risks to Children in its work. In recognising these risks, Memories proactively assesses and manages risks to Children in order to reduce the risk of harm. This is achieved by examining each activity undertaken by Memories and its potential impact on Children. Activities and programs that involve direct work with Children are considered higher risk, and therefore require more stringent Child Safeguarding procedures. Personnel are expected to be continually aware of potential risks to Children as well as to be actively minimising opportunities and situations where Children can be harmed.
Code of Conduct
Personnel are responsible for maintaining a professional role with Children, which means establishing and maintaining clear professional boundaries that serve to protect everyone from misunderstandings or a violation of the professional relationship.
All Personnel should conduct themselves in a manner consistent with their role as a Memories representative and a positive role model for Children.
All Personnel agree that they each will:
comply with all applicable Australian and overseas Child Protection laws, including labour laws in relation to Child labour;
conduct themselves in a manner that is consistent with the values of Memories by always acting respectfully, courteously and ethically towards Children and maintaining appropriate professional vs personal boundaries;
immediately report all suspected or disclosed Child Abuse or breach of this Child Protection Policy as required under any applicable Australian and overseas Child Protection laws and under clause 7; and
where appropriate, contribute to Memories’ policies, discussions, learning and reviews about Child safety and wellbeing.
All Personnel agree that they each will not:
engage in behaviour that is intended to shame, humiliate, belittle, degrade or exploit Children;
use language or behaviour towards Children that is inappropriate, harassing, abusive, sexually provocative, discriminatory, demeaning or culturally inappropriate;
do things of a personal nature that a Child can do for him/herself, such as assistance with toileting or changing clothes, sleep in the same room or bed as a Child, or develop relationships with Children that may be deemed exploitative or abusive;
invite unaccompanied Children into my home/hotel or other private location, unless they are at immediate risk of injury or in physical danger;
smack, hit or physically assault or physically punish Children or condone or participate in, behaviour of Children that is illegal, unsafe or abusive;
involve Children in sexual relationships or any form of sexual activity, including paying for sexual services, or give or provide Children with alcohol or illegal drugs;
show favoritism through the provision of gifts or inappropriate attention, or behave provocatively or inappropriately with a Child;
hold, kiss, cuddle or touch a Child in an inappropriate, unnecessary or culturally insensitive way;
use any computers, mobile phones, video and digital cameras, or social media inappropriately, nor use them for the purpose of exploiting or harassing Children; and
hire minors for domestic or other labour.
When photographing or filming a Child, or using a Child’s images for work-related purposes, each Personnel will:
obtain informed and documented consent of the Child and his/her parents or guardians before photography/filming;
provide an explanation on how the photograph/film will be used;
ensure photographs, films, videos and DVDs present Children in a dignified and respectful manner and not in a vulnerable or submissive manner;
children should be adequately clothed and not in poses that could be seen as sexually suggestive;
images are honest representations of the context and facts;
ensure file labels, meta data or text descriptions do not reveal identifying information about a Child when sending images electronically or publishing images in any form; and
take care to ensure the local traditions or restrictions for reproducing personal images are adhered to before photographing or filming a Child.
Communication and use of Children’s images
In relation to content created by Memories, Memories will at all times:
portray Children in a respectful, appropriate and consensual way;
ensure that all Children are adequately clothed and not in poses that could be seen as sexually suggestive;
attain and document informed consent for the use of a Child’s story or image;
when asking for consent, given details as to how, where and for how long the story, information and /or image will be used;
provide examples of how the story/information and/or image will be used;
explain how we cannot control the use of images once they are loaded onto the internet and that they can be viewed by anyone with internet access at any time;
ensure that there is no identifying information of the Child used in the publication of images, including the Child’s family name, community or school name;
ensure that Children are not be portrayed in isolation, but instead are portrayed as part of their community;
ensure that local cultural traditions are assessed regarding restrictions for reproducing personal images;
screen all photographers for their suitability, including police checks and Working with Children Checks where appropriate;
conduct a risk assessment (with the Child and their family) prior to the publishing of any information/story about an especially vulnerable Child; and
store all images and information about Children safely and ensure that such information and images are only accessed by authorised personnel.
Personnel recruitment and selection
Memories is committed to Child safe recruitment, selection and screening practices. Memories will not knowingly engage, directly or indirectly, anyone who poses a risk to Children. These practices aim to recruit the safest and most suitable people to work with Memories. In relation to all Personnel or applications that will work with Children, Memories’ Child safe practices include:
all applicants will receive a copy of this Child Protection Policy and be informed of the screening requirements when they are sent the application form;
recruitment screening processes for all personnel in contact with Children, including criminal record checks before engagement;
where the candidate is working directly with Children in Australia, they may require a Working with Children Check (depending on the jurisdiction);
a minimum of three verbal referee checks will be required for all preferred candidates in positions that have contact with Children;
all positions will be subject to a probationary period depending on the length of the contract; and
Memories reserves the right to refuse employment or terminate any person’s employment that may pose a risk to Children.
All Memories Personnel will be required to read and acknowledge this Child Protection Policy.
Reporting
Memories considers the abuse and exploitation of Children to be completely unacceptable. Memories takes all concerns and reports of Child Abuse seriously and acts on these reports immediately. Memories is committed to a reporting process which is truthful, fair and professional.
It is mandatory for all Memories Personnel to report any witnessed, suspected or alleged incidents of Child Exploitation or Child Abuse or any breach of this Child Protection Policy.
These concerns may relate to a Child or Personnel involved in the organisation or a concern about a Child or person/s outside of the organisation’s programs. If you have a concern you should immediately follow these reporting procedures.
Memories will treat all concerns raised seriously and ensure that all parties will be treated fairly and the principles of natural justice will be a prime consideration. All reports will be handled professionally, confidentially and expediently.
Who should report?
All Personnel.
What should be reported?
Any disclosure, concern or allegation from a Child, community member or Personnel regarding the safety, abuse or exploitation of a Child (this includes actual, suspected, or risk of abuse or harm to a Child).
Any observation or concerning behaviour exhibited by Personnel that breaches this Child Protection Policy.
When to report?
Child Abuse concerns should be raised immediately.
Who to report to?
Child Abuse reports should be made to Anthony Foudoulis, CFO
How to report?
Verbally as soon as possible, followed by written confirmation.
Next Steps
The CEO will treat all allegations seriously. Once an allegation has been reported, the next steps will include one or more of the following:
interviewing the person/persons who made the allegations and/or other witnesses to gather more information with which to make a decision about the allegation;
reporting to local police and or Child Protection authority when it is suspected or becomes clear that a crime has been committed;
reporting to the Australian Federal Police when it is suspected or becomes clear that a crime has been committed regarding Child sex tourism, Child sex trafficking and Child pornography;
reporting to local Child Protection services as necessary;
handling the concern internally if it is not a criminal matter;
no further action taken; and
providing support to all stakeholders (including reporter) as necessary.
Confidentiality
The names of people involved and the details of the report will remain confidential. Information will only be released on a “need to know” basis or when required under any applicable Australian and overseas Child Protection laws or when a report to police or Child Protection authorities is made.
Responding to disclosure by a Child
If a Child discloses abuse, the Child must be taken seriously.
If a Child discloses they are being harmed, you can show your care and concern for the Child by:
listening carefully;
telling the Child you believe him or her;
telling the Child it is not their fault and he or she is not responsible for the abuse; and
telling the Child you are pleased he or she told you.
Effective Date
This Child Protection Policy is effective on and from 10/12/20
