OUR GENERAL TERMS AND CONDITIONS

Our General terms and conditions

We are MyMoriam B.V. and these are our terms and conditions. By using the services of MyMoriam, as a user or a trustee, you consent to the applicability of these conditions. We reserve the right to unilaterally change these terms and conditions. We will inform you in advance of such a change and the date it takes effect. If you do not agree with a change, you can terminate your agreement with MyMoriam as of the date on which the change takes effect. In that case, you should stop using our services at that date.

To be as clear as possible, first a few definitions:

User: the natural or legal person who creates a file on the website or app or updates it.

Trustee: a confidant designated by the user.

File: the entire text, photos, videos, hyperlinks or other information uploaded by the user, using the website or app.

LifeCourse BV, Levensdossier.nl, Levensdossier.be, MyMoriam.com: MyMoriam the trade name of MyMoriam BV, with its registered office in Almere and registered in the Trade Register under number 57723702.

Website: our website www.mymoriam.com

PDF document: the file called PDF format, as it is accessible via the website or app for the user or a Trustee.

Article 1. Services
We have a paid and an unpaid subscription to our service. The unpaid version has a maximum duration as indicated on the website. For a complete list of our services, we refer to the subscriptions overview on the Website.

Article 2. Commencement subscription
A subscription is concluded as soon as we have confirmed per email the membership registration.

Article 3. Costs of use
Section 1. The Starter subscription is free, but for a maximum period as stated on the Website. After this period you can upgrade to a paid version or decide to stop. If you choose the latter, which we hope you will not, then you have three months to download your file in PDF format.

Section 2. MyMoriam may change its terms of subscription and associated costs at any time. This will be made known on the Website. Changes do not affect the cost of existing subscriptions during the current subscription period.

Article 4. Extension and termination
Section 1. Subscriptions will be renewed automatically and can be terminated at any time by the user. We’ll refund the subscription fees paid in advance pro rata. This does not apply to lifetime subscriptions.

Section 2. The subscription ends upon the death of the user. The File remains available for 6 months after death to the Trustee(s).

Section 3. MyMoriam can cancel a subscription at the end of the current subscription period with a notice period of two months. Lifetime subscriptions can only be terminated by us by cessation of operations, or if Article 6 section 4 applies.

Section 4. In the event of subscription termination, the User and Trustee(s) have three months to download the file in PDF format. Thereafter MyMoriam has no further obligation with respect to the File.

Article 5. User Information and registration
Section 1. The user acknowledges that the information provided at registration is correct and complete.

Section 2. Passwords or pincodes provided to Users or Trustees should be stored securely and must not be disclosed to third parties. MyMoriam is not liable for costs or damages that result from abuse of the password or pincode. If you suspect that your password or pincode has fallen into the hands of a third party, you should change your password or pincode and inform MyMoriam of this.

Article 6. The File
Section 1. MyMoriam gives the User the opportunity to create their own file. In this File all kinds of information can be stored. The User and Trustee(s) to this file can at any time retrieve this as a PDF document. We recommend you do this. Neither this PDF document, nor the File itself is in any way whatsoever legally binding to MyMoriam. MyMoriam disclaims all liability for use and functioning.

Section 2. The file does not have the status of a codicil or will. As User, you are always dependent on the cooperation of (a) Trustee(s) for compliance with your wishes. If you want more certainty, then choose a more formal solution. In this event please contact a solicitor.

Section 3. The User is not permitted in the file to include any information which infringes on intellectual property, privacy or any other rights of third parties. Also all information held in the File should not be in conflict with the law. In no event shall MyMoriam be held liable to Trustees and other third parties for the contents of the file.

Section 4. If you breach these terms and conditions, MyMoriam is entitled, without prior notice and without any compensation being due, to immediately block access to the file and terminate it.

Article 7. Intellectual Property Rights
All User data placed in his/her file remains the property of the User or of their entitled parties. The User guarantees that he/she is entitled to record all the information in the file and indemnifies MyMoriam from any claims by third parties.

All rights, including intellectual property rights relating to the website, formats, software, brands (including domain names), databases and other material are held by MyMoriam or its licensors.

Article 8. Information and third party applications
Section 1. The MyMoriam website may contain or refer to information, including advertisements, banners and web links, from third parties. MyMoriam cannot guarantee the accuracy of this third-party information. MyMoriam is in no way liable for third-party information, or for direct or indirect damages resulting from the use of such information.

Section 2. When as User, you have selected to use third-party applications then the terms and conditions, disclaimers and privacy policies of such third parties apply. Wherever relevant you find next to applicable links clear references to the services of third parties and the conditions applying to them.

Article 9. Liability and Indemnity
The total liability of MyMoriam for damages arising out of or related to a shortcoming in the fulfilment of an obligation by MyMoriam, including but not limited to (inability to) the use of the Website and the File and related applications is limited to the actual sum paid by the User for the current subscription period MyMoriam.

Article 10. Confidentiality, security and privacy
Our privacy policy describes how we handle the personal information of Users and Trustees. This policy is an integral part of these terms and conditions.

Article 11. Applicable law
Section 1. This agreement and these terms and conditions are governed by Dutch law. All disputes arising from this Agreement will be submitted to the competent court in Amsterdam, unless User or Trustee prefers another competent court.

Section 2. In the event of nullity or annulment of one or more provisions of these terms, the remaining provisions will remain in effect.

Most recent amendment: 23 June 2014

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