Terms & Conditions of Use

Last Updated: 31 May 2024  

Memory Minder platform

Memory Minder is a free online memorial service available to families whose deceased rest at one of CCC’s cemeteries.

Members of the public can search for deceased persons. If they find a deceased relative, they can request to become the ‘Memory Keeper’.

The CCC Site Administrator has discretion to approve or reject a request to become a Memory Keeper. The Site Administrator’s decision to approve or reject a Memory Keeper request will be primarily based on the requestor’s relationship with the deceased, including a consideration of grave ownership, nominated family contacts and / or lineage. We reserve the right to revoke a request to become a Memory Keeper should a closer relationship to the deceased by established.   

Once approved, a Memory Keeper can build an online memorial. The memorial has two parts:

1. Public facing content: A photograph and memorial text can be uploaded for public viewing (this content is approved by the Site Administrator before publishing
2. Private content: The Memory Keeper can perform a range of private content functions including:
   • inviting friends to participate in building the online content;
   • uploading photos, videos;
   • sharing stories and comment on stories;
   • giving a flower; or
   • lighting a candle.

We reserve the right to change or add new functions from time to time.  We will endeavour to provide you notice if we do.

Public facing content will be visible to all. Private content will only be visible to the Memory Keeper and Friends. Only Friends invited by the Memory Keeper will be able to view private content. CCC will not monitor private content.

Privacy Policy

Please see the CCC Privacy Policy on our website for information regarding how CCC may collect, use and disclose personal information provided through your use of the Memory Minder service.

Terms of Use

Introduction

This website is owned and operated by Catholic Cemeteries & Crematoria Trust (ABN 54 281 755 117) trading as Catholic Cemeteries + Crematoria (Website Owner). Access to and use of this website, and the products and services available through this website (collectively Services), are subject to the following terms, conditions, notices and disclaimers contained herein (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by the Website Owner from time to time. You should periodically check this page to take notice of any changes the Website Owner may have made to the Terms of Use.

The Service

The Website Owner provides Memory Minder, a free online memorial platform, that enables families and friends of deceased persons to connect. Through the Memory Minder platform, family and friends can leave tributes to a loved one; share messages, photographs and videos; light a virtual candle or give a virtual flower. The Website Owner will continue to develop the Memory Minder platform and functionality will evolve over time.

How Memory Minder is funded

Memory Minder is a free service owned and operated exclusively by the Website Owner. No revenue is received through the sale of advertising or your personal information.

Conditions of Use

The website contains facilities by which members of the community, businesses and other organisations can provide information, offers, notices and other information to other users. It is a condition of use of any such facility that none of the following occurs (including in relation to either public facing  or private content):

• the restriction or inhibition on any other user from using or enjoying any public or private communication facility. For the avoidance of doubt,  the Memory Keeper may  invite, or uninvite, Friends to contribute private content and the exercise of this right does not constitute a restriction or inhibition on users from enjoying private communication facilities;
• the posting or transmission of any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
• the posting or transmission of any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
• the posting or transmission of any material of any kind which contains a virus or other harmful component;
• the deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
• the downloading of any file posted by any other user of a public or private interface if the user knows, or reasonably ought to know, that the file cannot legally be distributed in such manner.

Review of and monitoring of content

The Website Owner will monitor and review the public facing contents of the website, which includes the public facing materials in all memorials, but does not extend to private content shared by the Memory Keeper or those invited by the Memory Keeper to provide content.

The Website Owner reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

The Website Owner also reserves its right to take action with regards to information and/or materials (in whole or in part) that in the opinion of the Website Owner is in any way objectionable or in violation of any applicable law or the Terms of Use (Prohibited Material). The Website Owner may, as it deems reasonable or necessary:

1. Remove the content containing Prohibited Material;
2. Request the Memory Keeper remove the content containing Prohibited Material;
3. Suspend or remove access to the memorial by the Memory Keeper ; or
4. Suspend or remove access to the memorial by Friends.

This includes Prohibited Material identified by the Website Owner, or Prohibited Material notified to the Website Owner by a user or other third-party. 

Where the Website Owner’s request for a Memory Keeper to remove Prohibited Material in accordance with (b) above is not actioned within a reasonable timeframe, the Website Owner reserves the right to remove the Prohibited Material itself.

In addition to the above, the Website Owner reserves all rights to reject or remove content that may contravene First Nations protocols with regards to imagery depicting deceased persons.

Notwithstanding the above, the Website Owner has no obligation to monitor any content submitted by the public (with the exception of the initial public facing content uploaded by the Memory Keeper) or to edit, delete or refuse to post such contents, nor is the Website Owner responsible for any contents (including any information, comments and/or advice of any individual whose statements on the website are solely their own).  and agree that the website provides a means of public and not private communications.

The Website Owner will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website, or due to your downloading of any material posted on it, or on any Linked Sites.

Access to Website

Access to this website is permitted on a temporary basis, and the Website Owner reserves the right to withdraw or amend the Services without notice. The Website Owner will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, the Website Owner may restrict access to some parts or all of this website.

User Licence of the Website

By posting any public facing content on the website (including posting messages, uploading files, inputting data or engaging in any other form of communication), the user grants to the Website Owner a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

• use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
• sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including, but not limited to, rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. The user expressly waives in favour of the website and any other party authorised by the website all moral rights and any similar rights in any jurisdiction, which the user may have or hereafter acquire in respect of any relevant communication or other material. At the request of the website and expense of the user, the user will execute and deliver to the website such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Limitation of Liability + Disclosure

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy.

To the fullest extent permitted by law the Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity, and must not be liable for any damages whatsoever, including, but without limitation for, to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods or services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites, and any materials posted on those Linked Sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This does not affect the Website Owner’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

Restrictions on use of Content and Intellectual Property of the Website

All materials, text, graphics, information, software and advertisements on the Memory Minder Website is copyright © 2024 Catholic Cemeteries and Crematoria.

The intellectual property rights in all software and content (including photographic images) made available to you or through this Website remain the property of the Website Owner or its licensors, and are protected by international and Australian trademark and copyright laws. All such rights are reserved by the Website Owner and its licensors. You may store, print and display the content supplied solely for your own personal use. The contents of the website are published in real-time, must not be copied, reproduced, modified, republished, uploaded to a third party, transmitted, posted or distributed in any way, electronically or otherwise, without the express written authorisation of the Website Owner.

Links to Third Party Websites

The website contains hyperlinks and other pointers to websites (Linked Sites) operated by third parties. The Website Owner has no control over the Linked Sites and accepts no responsibility for them, or for any loss or damage that may arise from your use of them. The website provides these Linked Sites to users as a convenience only, and the inclusion of any Linked Sites does not imply any endorsement of the Linked Sites by the Website Owner. Your use of the Linked Sites will be subject to the terms of use and service contained within each such Linked Site.

Termination

The Website Owner may terminate access to the website at any time without giving any explanation or justification for the termination of access, and the Website Owner will have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the website.

In the event of termination, users are no longer authorised to access the website, but all restrictions imposed on the user, licences granted by the user, and all website disclaimers and limitations of liability set out in the Terms of Use will survive.

Information for the purpose of contacting a user is stored in the Website Owner’s secure data base and is strictly used for the intended purpose only. It is not released to any parties outside of the Website Owner.

Jurisdiction

This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia, where the website is hosted. The user irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.

Amendments to Terms of Use

The Website Owner reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

The Website Owner must have the right in its absolute direction at any time and without notice to amend, remove or vary the Services or any page of this website.