TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of www.evaheld.com (the "Site"). This Site is owned and operated by After I Go Pty Ltd t/a Evaheld. This Site is a news or media website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
All content published and made available on our Site is the property of After I Go Pty Ltd t/a Evaheld and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent;
- Post any material that may be deemed inappropriate or offensive;
- Creation, upload, delivery or posting of content for anything other than personal and sentimental use;
- Creation, upload, delivery or posting of content for anything other than entertainment purposes;
- Creation, upload, delivery or posting of content for legal purposes or that could affect legal proceedings; or
- Creation, upload, delivery or posting of content that has viruses.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Users may post the following information on our Site:
- Audio Content;
- Written Content; and
- Memorialisation content.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
- Personalised Content;
- Memorialisation content;
- Video content;
- Audio content;
- Written content;
- Personalised QR codes;
- Heirloom Keepsakes; and
- Family Heirlooms.
The following services are available on our Site:
- In-browser filming, audio recording and writing;
- Uploading of video, audio and written files;
- Wellbeing System;
- Digital delivery;
- Hand delivery;
- Public content publication;
- Public memorialisation profiles;
- QR code memorialisation;
- Posthumous account management; and
- Content storage and management.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
User Goods and Services
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps: User's can cancel at any time and all content will be permanently deleted 6 months from the would-be renewal date. At any time within this 6 months, user's can revive their account. User's cannot download any content from the platform, except for QR codes.
We offer the following free trial of our goods and services: A 14 day free trial that begins when users register for a new account. The free trial includes unlimited access to all services available on our platform, with various limits in regards to content, recipients and features that correspond with the chosen package trial.
At the end of your free trial, the following will occur: You will be automatically billed our one-off product price. If you do not want to be billed, you will need to cancel your subscription before your free trial ends.
To cancel your free trial, please follow these steps: Log in to you account and select "Cancel Free Trial" in the "My Billing & Subscription" section of the "My account" tab.
We accept the following payment methods on our Site:
- Credit Card; and
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
- Standard delivery by post. Delivery takes up to 14 days..
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and public holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
After I Go Pty Ltd t/a Evaheld and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Except where prohibited by law, by using this Site you indemnify and hold harmless After I Go Pty Ltd t/a Evaheld and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the State of New South Wales.
- No responsibility is taken for the accurate delivery and publication of content;
- No responsibility is taken for the content in a user's account, both while they're alive and after their death.; and
- No responsibility is taken for the content sent to recipients.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Please contact us if you have any questions or concerns. Our contact details are as follows:
608 Harris St, Ultimo, NSW, 2007
You can also contact us through the feedback form available on our Site.