Terms of Service (Australia)

Last updated: March 2026

These terms apply to customers in Australia. For Aotearoa, New Zealand customers, please see our Aotearoa, New Zealand Terms of Service.

1. Agreement to Terms

By accessing or using PetLegacy's services (including our website, partner portal, and digital memorial services), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our services.

These terms constitute a legally binding agreement between you and PetLegacy ("we," "us," or "our"), a business registered in Auckland, Aotearoa, New Zealand, operating in Australia.

2. Description of Services

PetLegacy provides digital memorial services, including:

1. Physical NFC memorial tags
2. NFC collar tags for pet identification
3. Hosted memorial web pages with photo galleries, videos, and text tributes
4. Prepaid hosting for 10 years
5. Optional annual renewal services after the prepaid period
6. Partner wholesale and referral programs for businesses

3. Custom Products and No Returns

3.1 Custom Nature of Products

Each PetLegacy product is custom-encoded with a unique NFC memorial link immediately upon order confirmation. This unique code links directly to your memorial's permanent URL and cannot be transferred or reused. Because each NFC tag is permanently locked after encoding:

1. Orders cannot be cancelled once payment is confirmed
2. Products cannot be returned or refunded
3. Products cannot be reused for a different memorial

3.2 Quality Guarantee

Our NFC memorial tags are manufactured using durable, weatherproof materials, providing:

1. Durable PVC and ABS construction
2. Tested outdoors for 3+ years
3. Reliable NFC tap-to-view functionality

NFC tags are rated for indoor use and general wear conditions.

3.3 Free Replacement - Defects

If your product arrives damaged or doesn't function as intended (NFC won't read), we'll send a free replacement at no cost. You must:

1. Contact us within 30 days of delivery
2. Provide photos of the defective product
3. Describe the specific defect or malfunction

We will issue a replacement with the same memorial code at no charge.

3.4 Free Replacement - Lost Shipments

If your order is lost in transit and tracking confirms non-delivery, we'll send a free replacement at no cost.

3.5 Australian Consumer Law

Nothing in these terms limits your rights under the Australian Consumer Law (ACL). Our products come with guarantees that cannot be excluded under the ACL. For major failures with the service, you are entitled to:

1. Cancel your service contract with us; and
2. Obtain a refund for the unused portion, or compensation for its reduced value

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 rectified within a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion.

4. Hosting Duration and Renewal

4.1 Prepaid Hosting Period

Your memorial hosting is prepaid for the selected duration (5, 10, or 25 years) from the date of purchase. The hosting period begins when your memorial is activated and published, not from the product purchase date.

4.2 Expiry Notifications

We will send email reminders to the contact email address on file at:

1. 90 days before expiry
2. 30 days before expiry
3. 7 days before expiry
4. 1 day before expiry

It is your responsibility to ensure your contact email address is current and that you monitor it for renewal notifications.

4.3 Grace Period

After your prepaid period expires:

1. Your memorial remains accessible to the public
2. A renewal banner appears on the memorial page
3. The grace period lasts 30 days from the expiry date
4. During this time, you can renew at the standard annual rate

4.4 Memorial Suspension

If not renewed within 30 days after expiry:

1. The memorial is taken offline and becomes inaccessible to the public
2. Your memorial data is retained in our secure backup systems
3. Data retention continues for 90 days after the grace period ends
4. You can restore your memorial during this 90-day period by paying all outstanding fees

4.5 Permanent Deletion

If a memorial remains unpaid for 120 days after the original expiry date (30- day grace period + 90-day retention period), we reserve the right to permanently delete all memorial content, including:

1. All uploaded photos and videos
2. All text content and tributes
3. Memorial configuration and settings
4. All associated data

Once permanently deleted, memorial content cannot be recovered.

4.6 Renewal Rates

Annual renewal is available at $36 AUD per year. You may also purchase additional multi-year periods at renewal time. All renewal payments are non- refundable once processed.

4.7 Third-Party Renewals

Anyone with access to the memorial URL may renew the hosting on behalf of the original purchaser. We do not verify the identity of the person making the renewal payment. Once a renewal payment is processed, it cannot be refunded.

4.8 Email Delivery

We are not responsible for renewal notifications that are not received due to:

1. Incorrect or outdated email addresses
2. Email filtering or spam blocking
3. Email service provider outages
4. User failure to monitor email

It is your responsibility to proactively check your memorial's expiry date and renew in advance.

4.9 Collar Tag Hosting

NFC collar tags purchased from PetLegacy include indefinite digital hosting at no additional cost for as long as PetLegacy continues to operate. This means your collar tag's contact information page will remain accessible without requiring renewal payments.

Exception — Memorial-Linked Collar Tags: If a collar tag is linked to a memorial page for a pet that has passed away, the collar tag's hosting is governed by the memorial hosting terms in Sections 4.1–4.8 above. When the linked memorial's hosting expires and is not renewed, the collar tag's contact information page will also become inaccessible in accordance with the same expiry, grace period, and deletion schedule.

Service Continuity: Indefinite hosting is provided on a best-efforts basis and is contingent on PetLegacy's continued operation. If PetLegacy permanently ceases operations, collar tag hosting will be subject to the business closure provisions in Section 19.4. "Indefinite" does not constitute a guarantee of perpetual or permanent hosting and is subject to the limitations, force majeure provisions, and other terms set out in this agreement.

5. Memorial URLs and Permanence

5.1 Permanent URLs

Once a memorial URL is assigned (e.g., petlegacy.au/memorial/name-2026), it remains permanent and cannot be changed. This ensures that physical tags always link to the correct memorial.

5.2 Slug Assignment

Memorial URLs are generated automatically based on the deceased's name and the year of activation. If a URL is already taken, we append a sequential number (e.g., name-2026-2, name-2026-3).

5.3 URL Ownership

You do not own the memorial URL. PetLegacy retains all rights to the domain structure and URL paths. However, once assigned, we will not reassign your specific memorial URL to another customer, even after deletion.

6. Content Ownership and License

6.1 Your Content Ownership

You retain all ownership rights to photos, videos, and text ("Your Content") that you upload to create a memorial. We claim no ownership over Your Content.

6.2 License Grant to PetLegacy

By uploading Your Content, you grant PetLegacy a worldwide, non-exclusive, royalty-free license to:

1. Host and store Your Content on our servers and third-party hosting services
2. Display Your Content on the memorial web page
3. Reproduce Your Content for backup and disaster recovery purposes
4. Process Your Content for technical delivery (resizing images, transcoding video, etc.)

This license continues for as long as your hosting is active and during any retention periods outlined in Section 4.

6.3 Marketing Use (With Permission Only)

We will never use Your Content in our marketing materials without your express written permission. If we wish to feature your memorial as an example, we will contact you separately to request consent.

6.4 Content Representations

By uploading Your Content, you represent and warrant that:

1. You own or have the necessary rights to upload and share all Content
2. Your Content does not infringe any third-party intellectual property rights
3. You have obtained consent from any living individuals whose images appear in Your Content (or their legal guardians if minors)
4. Your Content does not violate any applicable laws
5. Your Content complies with Section 7 (Acceptable Use)

6.5 Content of Deceased Persons

You represent that you have the legal right to create a memorial for the deceased person and to use their name, image, and likeness for this purpose. In the case of disputes over memorial content, see Section 11 (Dispute Resolution).

7. Acceptable Use

7.1 Prohibited Content

You agree not to upload or share content that:

1. Is illegal, harmful, threatening, abusive, harassing, or defamatory
2. Contains hate speech, discrimination, or incites violence against any person or group
3. Is sexually explicit, pornographic, or exploitative
4. Depicts or promotes child abuse or exploitation in any form
5. Infringes on intellectual property rights (copyrighted images, music, etc.)
6. Contains malware, viruses, or harmful code
7. Violates any applicable Australian or international laws
8. Impersonates any person or entity
9. Contains spam, advertising, or commercial solicitations

7.2 Content Moderation

We reserve the right to:

1. Review any memorial content at any time
2. Remove content that violates these terms
3. Suspend or terminate memorials for serious or repeated violations
4. Report illegal content to appropriate authorities

We aim to respond to content reports within 5 business days.

7.3 User Reports

If you believe a memorial contains content that violates these terms, please contact us at legal@petlegacy.au with:

1. The memorial URL
2. Description of the violation
3. Supporting evidence (screenshots, etc.)

7.4 Appeal Process

If your content is removed, you may appeal by contacting legal@petlegacy.au within 14 days. We will review your appeal and respond within 10 business days.

8. Memorial Editing and Verification

8.1 Initial Creation

When you create a memorial, you provide an email address for future access. This email becomes the "memorial owner email" and is used for verification.

8.2 Editing Access

To edit an existing memorial, you must:

1. Request a verification code via the memorial edit page
2. Enter the code sent to the memorial owner email
3. Complete edits within your authenticated session

8.3 Verification Code Security

Verification codes are:

1. Valid for 15 minutes
2. Single-use only
3. Sent only to the registered memorial owner email

You are responsible for keeping your email account secure. We are not liable for unauthorized edits if someone gains access to your email account.

8.4 Email Changes

To change the memorial owner email, you must:

1. Have access to the current email address
2. Request the change through the edit interface
3. Verify both the old and new email addresses

8.5 Lost Email Access

If you lose access to the memorial owner email, contact support@petlegacy.au with:

1. Proof of purchase (order number, receipt, credit card statement)
2. Government-issued ID matching the purchaser name
3. Details about the memorial (deceased name, memorial URL, approximate creation date)

We will manually verify your identity before granting access. This process may take 5-10 business days.

8.6 Contested Edits

In cases where multiple parties claim the right to edit a memorial, we reserve the right to:

1. Freeze editing until the dispute is resolved
2. Request legal documentation (death certificate, will, executor appointment, court order)
3. Defer to the original purchaser's wishes unless overridden by legal authority

See Section 11 for full dispute resolution procedures.

9. Memorial Ownership and Transfer

9.1 Purchaser Rights

The person or entity who purchases a PetLegacy product has the initial right to create and control the associated memorial.

9.2 Transfer of Control

Memorial control may be transferred to another party through:

1. Written authorization from the original purchaser, OR
2. Legal documentation such as:
   • Death certificate of original purchaser plus proof of executor/administrator status
   • Court order
   • Power of attorney

9.3 Transfer Process

To request a memorial transfer, contact support@petlegacy.au with:

1. Current memorial owner's authorization OR legal documentation
2. New owner's email address
3. Government-issued ID for both parties

9.4 Business Closures

If a business that purchased a memorial ceases operations, control may be transferred to immediate family members of the deceased upon provision of:

1. Proof of business closure (ASIC documentation if applicable)
2. Death certificate
3. Evidence of family relationship
4. Government-issued ID

10. Third-Party Services

10.1 Hosting Infrastructure

PetLegacy relies on third-party service providers to deliver our services:

1. Supabase (database hosting)
2. Vercel (web hosting)
3. Cloudinary (image and video hosting)
4. Stripe (payment processing)
5. YouTube (video embedding for unlisted videos)
6. Resend/Pipedream (email delivery)

10.2 Service Availability

While we strive for 99.9% uptime, we cannot guarantee uninterrupted service due to:

1. Third-party service provider outages
2. Scheduled maintenance
3. DDoS attacks or security incidents
4. Force majeure events (see Section 22)

10.3 Data Location

Your Content may be stored on servers located outside of Australia, including but not limited to:

1. United States (Supabase, Vercel, Cloudinary)
2. European Union (Cloudinary CDN)
3. New Zealand (CDN edge locations)

By using our services, you consent to international data transfers as described in our Privacy Policy. We comply with the Australian Privacy Principles regarding overseas data transfers.

10.4 Third-Party Terms

Your use of our services is also subject to the terms and privacy policies of our third-party providers. We are not responsible for any changes to, or discontinuation of, third-party services.

10.5 Service Migration

We reserve the right to migrate to alternative service providers if necessary. We will make reasonable efforts to maintain service continuity during any migration.

11. Dispute Resolution

11.1 Content Disputes

If multiple parties claim the right to control a memorial's content:

1. We will freeze editing access to prevent further changes
2. All parties must submit their claims to disputes@petlegacy.au with supporting documentation
3. We will review claims within 10 business days
4. We may request additional documentation, including:
   • Death certificate
   • Evidence of family relationship
   • Will or estate documentation
   • Court orders
5. Our decision will be based on legal authority and original purchase records

11.2 Escalation

If parties cannot agree with our determination, they must resolve the dispute through:

1. Mediation (preferred method - see 11.3)
2. Relevant Australian court jurisdiction (see 11.4)

11.3 Mediation

Before pursuing court action, parties agree to attempt mediation through a mutually agreed mediator or a recognized Australian dispute resolution service. Each party will bear their own mediation costs.

11.4 Jurisdiction

Any disputes that cannot be resolved through mediation shall be resolved under Australian law. The specific jurisdiction depends on the total claim amount:

1. Claims under $10,000: Australian state/territory small claims tribunals or equivalent
2. Claims over $10,000: Courts with appropriate jurisdiction in the state or territory where the claimant resides

11.5 Memorial Access During Disputes

During any dispute resolution process:

1. The memorial remains accessible to the public
2. Editing is frozen for all parties
3. Hosting fees continue to apply
4. Failure to pay hosting fees may result in suspension per Section 4

12. Partner Program Terms

12.1 Partner Types and Eligibility

PetLegacy offers partnership opportunities to legitimate businesses including:

1. Veterinary clinics
2. Pet stores and groomers
3. Pet crematoriums
4. Animal shelters and rescues
5. Breeders
6. Funeral homes
7. Cemeteries and memorial parks
8. Hospice organizations
9. Other memorial-related businesses (subject to approval)

Australian businesses must provide ABN (Australian Business Number) upon application.

12.2 Partnership Application

To become a partner:

1. Submit an application via petlegacy.au/partners
2. Provide ABN and business registration documentation
3. Wait for approval (typically 3-5 business days)
4. Receive welcome email with partner portal access

12.3 Application Approval

We reserve the right to:

1. Approve or reject any partnership application at our sole discretion
2. Request additional documentation before approval
3. Suspend or terminate partnerships for violations of these terms

12.4 Rejection and Referral Code Validity

If your partnership application is rejected:

1. You will receive an email with the reason for rejection
2. Any referral codes you may have obtained prior to approval remain valid
3. Customers can still use these codes and will receive the advertised discount
4. You will NOT receive any commission on orders placed with your codes
5. All commissions associated with rejected partnerships are forfeited
6. You may appeal by providing additional information within 30 days
7. If your appeal is successful and you are approved, future commissions will be tracked but past commissions remain forfeited
8. Repeated applications after rejection may be declined without review

This ensures customers are not disadvantaged by partnership status changes while protecting PetLegacy from fraudulent applications.

12.5 Partner Code Types

Partners may access two types of codes:

A) WHOLESALE ACTIVATION CODES

• Format: PL-5N-XXXXXX (5-year), PL-10N-XXXXXX (10-year), PL-25N-XXXXXX (25-year)
• Partner purchases codes at wholesale price
• Partner sells to customers at retail price
• Partner keeps the markup as profit
• No commission paid by PetLegacy

B) LEAD GENERATION REFERRAL CODES

• Format: REF-XXXXX
• Customer applies code at checkout for a discount
• Partner receives commission when code is redeemed
• No upfront cost to partner
• Commission: AU$20 flat per paid partner-attributed order

12.6 Wholesale Code Terms

When purchasing wholesale activation codes:

1. Payment is due immediately via invoice or credit card
2. Codes are generated and assigned within 24 hours of payment
3. Codes do not expire
4. Codes cannot be refunded or returned once generated
5. Unused codes remain in your partner account indefinitely
6. You are responsible for tracking which codes you've sold to customers

All wholesale prices are quoted in AUD for Australian partners.

12.7 Referral Code Terms

When using referral codes:

1. Codes are generated at no cost to you
2. You may request additional codes through your partner portal
3. Codes may have expiry dates set by PetLegacy
4. Discount and commission percentages may vary by code batch
5. We will notify you by email when your codes are redeemed (unless you opt out)

12.8 Commission Structure

For referral codes:

1. Commission percentage is set when codes are generated
2. Commission is calculated on the total order value (excluding shipping)
3. Commission is tracked in your partner portal
4. Commission is classified as "pending" until the customer activates their memorial
5. Once activated, commission becomes "approved" and eligible for payout

12.8.6 Commission Eligibility Requirements

Commissions are only paid if:

1. Your partnership is in "active" status at the time of order
2. Your partnership remains active through memorial activation
3. If rejected or suspended between order and activation, commission is forfeited
4. If terminated for cause, all pending and approved commissions are forfeited

12.9 Commission Payments

Commission payouts:

1. Are processed monthly for approved commissions exceeding $75 AUD
2. Require valid Australian bank account details on file
3. Are paid via direct bank transfer within 14 days of month-end
4. May be withheld if your partnership is suspended
5. Are forfeited if your partnership is terminated for cause

12.10 Banking Details

You must provide accurate Australian banking information:

1. Bank account holder name (must match business name or ABN holder)
2. BSB number
3. Account number
4. Bank name

We are not responsible for payment delays due to incorrect banking information.

12.11 Tax Obligations

You are responsible for:

1. Declaring all commission income to the Australian Taxation Office (ATO)
2. Registering for GST if your turnover exceeds the registration threshold
3. Issuing tax invoices as required
4. Paying all applicable taxes including GST
5. Providing your ABN when requested

PetLegacy is registered for GST in New Zealand. For Australian partners, we will charge GST on wholesale code purchases where applicable under Australian tax law.

12.12 Code Usage Restrictions

Partners agree to:

1. Use codes only for legitimate memorial sales
2. Not sell or transfer codes to other businesses
3. Not post codes publicly online (except in direct customer communications)
4. Not engage in fraudulent or deceptive practices
5. Accurately represent PetLegacy products and services
6. Comply with Australian Consumer Law in all customer dealings

12.13 Marketing and Branding

Partners may:

1. Download approved marketing materials from the partner portal
2. Use PetLegacy logos and branding in accordance with our brand guidelines
3. Describe themselves as "PetLegacy Authorized Partner"

Partners may not:

1. Create their own PetLegacy marketing materials without approval
2. Modify our logos or branding
3. Make false claims about product features or pricing (this violates the Australian Consumer Law)
4. Imply exclusive partnership or special status without authorization

12.14 Partner Notifications

We will send email notifications for:

1. Partnership approval/rejection
2. Code generation (wholesale and referral)
3. Referral code redemption (opt-out available)
4. Commission approval
5. Terms updates (discount %, commission %, shipping)
6. Partnership suspension or termination
7. Security changes (email or banking details)

You may opt out of referral redemption notifications in your partner settings.

12.15 Partner Session Security

Partner portal sessions:

1. Default to 1-hour timeout with automatic extension for active users
2. May be extended to 24 hours via "Trust this device" option
3. "Trust this device" should only be used on personal, secure computers
4. You can revoke trusted device sessions in your partner settings

12.16 Partner Responsibilities

Partners must:

1. Keep login credentials secure
2. Notify us immediately of any security breaches
3. Maintain current contact information (including ABN)
4. Respond to customer inquiries about PetLegacy products
5. Honor all promotional terms associated with referral codes
6. Comply with all Australian Consumer Law requirements

12.17 Partnership Suspension

We may suspend your partnership for:

1. Violation of these terms
2. Fraudulent activity
3. Customer complaints
4. Non-payment of outstanding invoices (for wholesale partners)
5. Misuse of codes
6. Breach of Australian Consumer Law

During suspension:

1. Your partner portal access is revoked
2. Your codes are deactivated
3. Pending commissions are withheld
4. You cannot generate new codes

12.17.6 Code Validity During Suspension

During suspension, your referral codes:

1. Remain technically active (customers can still use them)
2. Continue to provide customer discounts as advertised
3. Do NOT generate any commission for you
4. All commission tracking is frozen during suspension

If your suspension is lifted, commission tracking resumes from the date of reinstatement. Commissions from the suspension period are forfeited.

12.18 Partnership Termination

We may terminate your partnership immediately for:

1. Serious or repeated violations of these terms
2. Illegal activity
3. Damage to PetLegacy's reputation
4. At our discretion with 30 days' notice for any reason

Upon termination:

1. Unused wholesale codes are forfeited (no refund)
2. Pending commissions are forfeited if termination is for cause
3. Approved commissions will be paid out if termination is not for cause
4. You must immediately cease representing yourself as a PetLegacy partner
5. You must remove all PetLegacy branding from your materials

12.19 Data Retention

Partner data is retained according to our Privacy Policy and Australian Privacy Principles:

1. During active partnership: all data retained
2. After termination: transactional data retained for 7 years (ATO compliance)
3. Marketing data deleted within 30 days of termination
4. You may request early deletion except for legally required records

12.20 Referral Code Validity After Partnership Status Changes

12.20.1 Rejection or Termination

If your partnership is rejected or terminated:

1. All referral codes previously issued to you remain technically valid
2. Customers who have your codes can still redeem them
3. Customer discounts are honored as advertised on the code
4. You receive NO commission on any orders (past, pending, or future)
5. All pending commissions are forfeited immediately
6. Previously approved commissions may be paid if termination is not for cause

12.20.2 Rationale

This policy protects customers who received codes in good faith and ensures PetLegacy honors advertised discounts, regardless of the partner's status.

12.20.3 Re-approval

If a rejected partner is later approved:

1. Commission tracking resumes from the date of approval
2. Past commissions from the rejection period are not retroactively paid
3. Codes issued before rejection continue to work but earn commission only on new orders after re-approval

13. Shipping

13.1 Shipping to Australia

We ship to all Australian states and territories. Products are shipped from Aotearoa, New Zealand via international courier.

13.2 Shipping Times

Estimated delivery times from dispatch:

1. Major cities (Sydney, Melbourne, Brisbane, Perth, Adelaide): 7-10 business days
2. Regional areas: 10-14 business days
3. Remote areas: 14-21 business days

These are estimates only. We are not responsible for courier delays.

13.3 Shipping Costs

Shipping costs are calculated at checkout based on:

1. Destination state and postcode
2. Product size and weight
3. Current international courier rates

Some partner referral codes include free shipping.

13.4 Tracking

All orders include international tracking information sent via email once dispatched.

13.5 Customs and Import Duties

For Australian shipments:

1. Most PetLegacy products fall under the Low Value Threshold and are not subject to customs duties or import taxes
2. If duties are assessed, the customer is responsible for payment
3. Customs processing may add 1-5 business days to delivery
4. Refused shipments due to unpaid customs fees are non-refundable

13.6 Delivery Failures

If delivery fails due to:

1. Incorrect address provided by customer: customer must pay redelivery fees
2. Customer unavailable for signature: courier will leave a card for pickup or redelivery
3. Customer refuses delivery: no refund; product cannot be reused
4. Courier error or lost parcel: we will send free replacement

14. Pricing and Payment

14.1 Pricing

All prices for Australian customers are displayed in Australian Dollars (AUD) and include GST where applicable under Australian tax law.

Prices are subject to change without notice, but you will be charged the price displayed at the time of purchase.

14.2 Payment Methods

We accept:

1. Credit cards (Visa, Mastercard, American Express)
2. Debit cards
3. Digital wallets (Apple Pay, Google Pay)

All payments are processed securely through Stripe.

14.3 Payment Authorization

By providing payment information, you authorize us to charge:

1. The order total at time of purchase
2. Any applicable renewal fees on expiry
3. Any restoration fees if applicable

14.4 Failed Payments

If a payment fails:

1. We will attempt to charge the card up to 3 times
2. You will receive email notifications of failed attempts
3. Continued failure may result in memorial suspension per Section 4

14.5 Currency Conversion

All prices are in AUD for Australian customers. If your card is issued in a different currency, your bank will perform the conversion and may charge foreign transaction fees. We have no control over these fees.

14.6 Refunds

Due to the custom nature of our products, we do not offer refunds except:

1. As required by the Australian Consumer Law (Section 3.5)
2. For double charges or billing errors (will be refunded within 5 business days)

15. Intellectual Property

15.1 PetLegacy Trademarks

"PetLegacy," our logo, and all related branding are trademarks owned by PetLegacy. You may not use our trademarks without written permission, except:

1. Partners using approved materials from the partner portal
2. Fair use for descriptive purposes (e.g., "I purchased from PetLegacy")

15.2 Website Content

All content on petlegacy.au, including text, images, graphics, and code, is owned by PetLegacy or our licensors and is protected by copyright and other intellectual property laws in Australia and internationally.

15.3 License to Use Website

We grant you a limited, non-exclusive, non-transferable license to access and use our website for its intended purpose. You may not:

1. Copy, modify, or distribute our website content
2. Reverse engineer our platform
3. Use automated tools to scrape our website
4. Frame or mirror our website without permission

15.4 Memorial Page URLs

While you have a license to use your specific memorial page URL, PetLegacy retains all rights to:

1. The petlegacy.au domain
2. The URL structure and routing
3. The memorial page design and layout
4. Any PetLegacy branding on memorial pages

16. Privacy and Data Protection

16.1 Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these terms by reference. Our Privacy Policy complies with the Australian Privacy Principles under the Privacy Act 1988 (Cth).

16.2 Data Collection

We collect and process:

1. Customer information (name, email, address, phone)
2. Payment information (processed securely by Stripe)
3. Memorial content (photos, videos, text)
4. Partner business information, ABN, and banking details
5. Usage data (analytics, session logs)

16.3 Data Security

We implement industry-standard security measures including:

1. Encryption in transit (TLS/SSL)
2. Encryption at rest for sensitive data
3. Regular security audits
4. Access controls and authentication
5. Secure third-party service providers

However, no system is 100% secure. We cannot guarantee absolute security.

16.4 Your Privacy Rights

Under the Australian Privacy Principles, you have the right to:

1. Access your personal information
2. Correct inaccurate information
3. Request deletion of your information (subject to limitations)
4. Complain to the Office of the Australian Information Commissioner (OAIC)
5. Withdraw consent for marketing communications

To exercise these rights, contact privacy@petlegacy.au.

16.5 Overseas Data Transfers

Your personal information may be stored and processed outside Australia, including in the United States and European Union. We take reasonable steps to ensure that overseas recipients comply with the Australian Privacy Principles.

16.6 Data Retention

We retain data as follows:

1. Active memorials: indefinitely while hosting is active
2. Expired memorials: 120 days after expiry (see Section 4)
3. Customer order data: 7 years (tax compliance)
4. Partner transaction data: 7 years (ATO compliance)
5. Marketing data: until consent is withdrawn

16.7 Data of Deceased Persons

Memorial content relates to deceased individuals. By creating a memorial, you represent that you have the legal right to share this information and that doing so does not violate any applicable laws or the deceased's wishes.

16.8 Data Breach Notification

In the event of a data breach affecting your personal information, we will notify you and the OAIC as required by the Privacy Act 1988 (Cth), typically within 72 hours of becoming aware of the breach.

17. Limitation of Liability

17.1 Service Provided "As Is"

PetLegacy services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

1. Warranties of merchantability
2. Fitness for a particular purpose
3. Non-infringement
4. Uninterrupted or error-free operation

17.2 No Liability for Data Loss

We are not liable for:

1. Loss of memorial content due to user error
2. Deletion of expired memorials per Section 4
3. Data loss due to third-party service failures
4. Corruption of uploaded content
5. Accidental deletion by authorized users

You are responsible for maintaining backup copies of Your Content.

17.2A Collar Tag and Pet Safety Disclaimer

To the maximum extent permitted by Australian law:

1. PetLegacy is not liable for any loss, injury, death, or harm to any pet arising from or related to the use, non-use, malfunction, or failure of a collar tag or its associated digital services
2. PetLegacy is not liable for any failure to recover a lost pet, whether due to NFC tag malfunction, scan notification failure, inaccurate geolocation data, email delivery failure, outdated contact information, or any other cause
3. PetLegacy is not liable for any consequences arising from a third party's decision to scan or not scan a collar tag, or to act or not act on the information displayed
4. PetLegacy is not liable for physical damage to pets or property caused by the collar tag itself (including choking hazards, allergic reactions, or tag detachment)
5. Scan notification emails and geolocation data are provided on a best-effort basis and do not constitute a pet monitoring, tracking, or recovery service

You acknowledge that collar tags are a passive identification aid, not a safety device, and that the safe care and supervision of your pet remains your responsibility at all times. Nothing in this section excludes or limits liability that cannot be excluded under the Australian Consumer Law.

17.3 Third-Party Actions

We are not liable for:

1. Downtime or failures of third-party services (Cloudinary, Supabase, etc.)
2. Actions of payment processors (Stripe)
3. Courier delays or lost shipments (except as stated in Section 3.4)
4. Email delivery failures
5. Actions of partners or other users
6. Failure or delay of collar tag scan notifications
7. Inaccuracy of geolocation data from collar tag scans

17.4 Indirect Damages

To the maximum extent permitted by Australian law, we are not liable for:

1. Indirect, incidental, or consequential damages
2. Loss of profits or revenue
3. Loss of business opportunities
4. Emotional distress
5. Punitive damages

17.5 Maximum Liability

Our total liability to you for any claims arising from these terms or our services shall not exceed the amount you paid to PetLegacy in the 12 months preceding the claim.

17.6 Australian Consumer Law

Nothing in this section limits or excludes any liability that cannot be limited or excluded under the Australian Consumer Law or other applicable Australian consumer protection laws. Where the Australian Consumer Law applies, our liability is limited to the remedies permitted under that law.

18. Changes to Terms

We may update these terms from time to time. We will notify you of material changes by email or by posting a notice on our website. Continued use of our services after changes constitutes acceptance of the new terms.

19. Account Termination and Business Closure

19.1 Your Right to Terminate

You may request closure of your memorial or partner account at any time by contacting support@petlegacy.au. Upon closure:

1. Hosting fees already paid are non-refundable
2. Memorial content will be deleted immediately (no grace period)
3. Partner accounts: see Section 12.18

19.2 Our Right to Terminate

We may suspend or terminate your access to our services:

1. For violation of these terms
2. For illegal activity
3. For non-payment of fees
4. To comply with legal requirements
5. If we discontinue our services (with 90 days' notice)

19.3 Effect of Termination

Upon termination:

1. Your right to access memorial content ends immediately
2. Outstanding hosting fees remain due
3. Your Content may be deleted per our retention policies
4. These terms continue to apply to past use of services

19.4 Business Closure

If PetLegacy permanently ceases operations, we will:

1. Provide at least 90 days' notice where reasonably practicable
2. Allow customers to download their memorial content and collar tag data during the notice period
3. Make reasonable efforts to arrange transfer of active memorial and collar tag hosting services to a suitable third-party provider
4. If transfer is arranged, provide customers with details of the receiving provider and any new terms that may apply
5. If transfer is not possible, delete all customer data in accordance with our Privacy Policy and applicable Australian privacy legislation (including the Privacy Act 1988 (Cth) and the Australian Privacy Principles)

Upon business closure, all indefinite hosting commitments (including collar tag hosting under Section 4.9) will cease at the end of the notice period unless a service transfer to another provider is successfully completed. PetLegacy's obligations under these terms do not survive the permanent cessation of the business, except for obligations relating to the handling and deletion of personal information as required by the Privacy Act 1988 (Cth).

Customers acknowledge that PetLegacy is a small business and that, while we will make commercially reasonable efforts to ensure continuity of service, we cannot guarantee that a suitable service transfer will be available upon business closure.

20. Governing Law

For Australian customers, these terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of New South Wales. Nothing in these terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law.

21. Severability

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these terms will otherwise remain in full force and effect.

22. Force Majeure

We are not liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

23. Contact

For questions about these terms, contact us at:

General Inquiries: support@petlegacy.au
Legal: legal@petlegacy.au
Privacy: privacy@petlegacy.au
Disputes: disputes@petlegacy.au
Business Location: Auckland, Aotearoa, New Zealand
ABN: Not applicable (NZ business operating in Australia)

For consumer complaints, you may also contact the Australian Competition & Consumer Commission (ACCC) or your state/territory consumer protection agency.