1. AGREEMENT BETWEEN USER AND Mylifestory
The Mylifestory Web Site is comprised of various Web pages operated by Mylifestory.The Mylifestory Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Mylifestory Web Site constitutes your agreement to all such terms, conditions, and notices.
Mylifestory reserves the right to change the terms, conditions, and notices under which the Mylifestory Web Site is offered, including but not limited to the charges associated with the use of the Mylifestory Web Site.
3. LINKS TO THIRD PARTY SITES
The Mylifestory Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Mylifestory and Mylifestory is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mylifestory is not responsible for webcasting or any other form of transmission received from any Linked Site. Mylifestory is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mylifestory of the site or any association with its operators.
4. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Mylifestory Web Site, you warrant to Mylifestory that you will not use the Mylifestory Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Mylifestory Web Site in any manner which could damage, disable, overburden, or impair the Mylifestory Web Site or interfere with any other party’s use and enjoyment of the Mylifestory Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Mylifestory Web Sites.
5. USE OF COMMUNICATION SERVICES
The Mylifestory Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Mylifestory has no obligation to monitor the Communication Services. However, Mylifestory reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Mylifestory reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.Mylifestory reserves the right at all times 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 Mylifestory’s sole discretion.Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Mylifestory does not control or endorse the content, messages or information found in any Communication Service and, therefore, Mylifestory specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Mylifestory spokespersons, and their views do not necessarily reflect those of Mylifestory.Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
6. MATERIALS PROVIDED TO Mylifestory OR POSTED AT ANY Mylifestory WEB SITE
Mylifestory does not claim ownership of the materials you provide to Mylifestory (including feedback and suggestions) or post, upload, input or submit to any Mylifestory Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Mylifestory, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.No compensation will be paid with respect to the use of your Submission, as provided herein. Mylifestory is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Mylifestory’s sole discretion.By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
8. USER CONTENT AND CONTENT RULES
Images and other material (including textual annotations to and comments on Images) uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with Mylifestory are treated as “User Content” for the purposes of these Terms. Users must have the right to deal, and the right to authorise us to deal, with their User Content in the ways that they and we use it in connection with the Services or for other purposes referred to in these Terms. You must not upload User Content, or otherwise deal with User Content through Mylifestory, if you do not have the right to do so. Each User shall ensure that his/her User Content, and his/her and our use of it, does not:
infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to Mylifestory or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it (such as by including the Image in a Product) or in email and postal communications we send to you);infringe anyone’s privacy or data protection rights; in particular, you must ensure you have the right to depict any person who appears in an Image that you upload to Mylifestory and to authorise the subsequent use of it (such as by including a depiction of that person in a Product or in email and postal communications we send to you);infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;contravene any applicable law (including, without limitation, any criminal law) or regulation;include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;misrepresent the User’s identity in any way or impersonate any person;include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;harass, upset, embarrass, alarm or annoy any person;give the impression that it emanates from us, if this is not the case;advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; orinfringe our fair use requirements (see Clause 4 above) or otherwise interfere with the proper working of Mylifestory.
The above are our Content Rules.Although we prohibit the uploading of Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site and App. It is possible that Images or other User Content may be accessible through our Site and App which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such Images or User Content on our Site or App please contact us here.We may without notice delete any Image or other User Content which appears to breach our Content Rules, or prevent any use of Services (including purchase of Products) which includes any such Image or User Content.
9. TERMS OF PURCHASE FOR PRODUCTS
These terms of purchase apply to:
Products which include an Image or other User Content uploaded or stored by you or another User – this is a “Personalised Product”; and Products which do not include such an Image or User Content – but may include an image of a painting, photograph or other artwork that we source and offer to Users for inclusion in our Products – these are “Non-personalised Products”. For completeness, an artwork that we source and offer to all Users for inclusion on Products does not count as an “Image” for the purposes of these Terms. Mylifestory take no responsibility for content provided by the user that is used to create a personalised product.We have different rules for the cancellation of your purchase, and return of, Personalised Products and Non-personalised Products – see below.
A contract between a User and Mylifestory for the purchase of a Product is created as follows:
The User places the order for a Product on the Site or App by pressing an order confirmation button at the end of the checkout process.By confirming your order, you are agreeing to purchase the Product you have selectedAt this point, we take payment for your order by means of your nominated Payment Method.We will send to you a “Thanks for your order” email detailing your order for the Product, and other information we must provide to you.When the Product you have ordered is shipped to you, we will send you a “dispatch” message.Note that Mylifestory may reject an order in certain circumstances, namely:
Your order breaching the requirements of these Terms;The use of Images which infringe the Content Rules;The use of Images which are corrupted, unsupported technically or inadequately pixelated;The Product you order being unavailable;Our inability to obtain authorisation for your payment; orA relevant pricing or Product description error being identified.If we reject your order, we will contact you to confirm this and reverse the payment you have made for that order.
For orders that are accepted, unless we inform you otherwise in the order process, we will deliver the Product you have ordered within 30 days of the order.Your cancellation right for Non-personalised Products: You have the right to cancel your contract for the purchase of a Non-personalised Product, provided you notify us of the cancellation no longer than 14 days after the day following the day on which the Product is delivered.You must return the unused Non-personalised Product to us within 14 days of notifying us of the cancellation, and must pay the cost of returning the Product to our nominated address using the form supplied with the product.We will refund the purchase price you have paid for the Product and its standard delivery charges (but not any expedited, tracked or other special delivery charges you may have chosen to pay) within 14 days of its return. However, if the value of the Product has been reduced by any handling of or dealing with it, beyond what is necessary to check whether the Product is as expected, we may deduct an amount to reflect that reduction in value from the sum we refund to you.No right of cancellation for Personalised Products: Note that the right to cancel a contract and return a Product, does not apply to Personalised Products, because they have been made to your specific requirements.Your statutory rights (Personalised and Non-Personalised Products): In addition to the cancellation rights for Non-Personalised Products (see above), you also have certain statutory rights in respect of both Personalised and Non-Personalised Products.These include that if the Product you have purchased is faulty, in that it is not as we describe it, of satisfactory quality or reasonably fit for purpose, then within 31 days of the day of its delivery you may exercise the right to a refund. And within six months of the date of delivery, and again only where the Product is faulty, you are entitled to a replacement, or a refund.Products should be returned in (or with) their original packaging by arrangement with our customer support team (see Clause 7)Delivery: We cannot guarantee that a specific carrier will be used when processing your order. In some cases we may use carriers that offer a comparable delivery service to that which you select. Your order despatch email will state the carrier used.
10. LIABILITY DISCLAIMER
11. TERMINATION/ACCESS RESTRICTION
Mylifestory reserves the right, in its sole discretion, to terminate your access to the Mylifestory Web Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the Republic of South Africa you hereby consent to the exclusive jurisdiction and venue of courts in the Republic of South Africa for all disputes arising out of or relating to the use of the Mylifestory Web Site. Use of the Mylifestory Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mylifestory as a result of this agreement or use of the Mylifestory Web Site. Mylifestory’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mylifestory’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Mylifestory Web Site or information provided to or gathered by Mylifestory with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mylifestory with respect to the Mylifestory Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mylifestory with respect to the Mylifestory Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
13. COPYRIGHT AND TRADEMARKS
All contents of the Mylifestory Web Site are: Copyright 2017 by Mylifestory and/or its suppliers. All rights reserved.The names of actual companies and products mentioned herein may be the trademarks of their respective owners.The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.Any rights not expressly granted herein are reserved.
We are a company registered in England and Wales under registration number 2005/032781/07 under the name Mylifestory Pty Limited; the address of our registered office is Shop 35 Parkview Shopping Center, corner Netcare and Garsfontein streets Moreleta Park. Our VAT registration number is 4340224650.
15. CONSENT FOR PROCESSING PERSONAL INFORMATION
Consent for Processing Personal Information I understand that Mylifestory requires certain Personal Information to be able to process my/our orders and consent to Mylifestory processing and sharing this with third parties, where and only where this is necessary. Such third parties may include Aramex etc. Mylifestory undertakes to only use Personal Information in accordance with the POPI Act. For more information on Mylifestory’s undertaking, please visit our website https://www.mylifestory.co.za/privacy-policy to view our Privacy Notice.