Terms & Conditions.

DEFINITIONS

1. Digital Property Holdings (to be incorporated) trading as MLML (International Marketing)  herein referred to as (MLML) is the exclusive Worldwide operator of mlml.com.au and escrow-docs.com (the websites). and any other domain name which is used and marketed to the public in other geographic locations to enable access to the website. In this Agreement, "we" and "us" means MLML (International Marketing) Pty Ltd or any agent or successor and or executor and or assignee of MLML (International Marketing) Pty Ltd.

2. “You” or "the member" refers to you personally and without limitation to any user/consumer/visitor/ or member or person who interacts with you on line and any MLML(Aust) services. (Eg Parent, Grandparent, Uncle, teacher, including any executor or beneficiary and or any member of the public.)
3. “Service(s)” refers to the use of MLML.com.au or other domain names owned by MLML (Aust) Pty Ltd for any purpose whatsoever.

5. “Your account” refers to a specific set of log-in credentials and all the stored data associated with it, including without limitation any pictures, videos, data uploaded by you or any person acting on your behalf to your MLML(Aust) account.
   

6. “Original data” shall mean without limitation the actual original of an item made prior to uploading to MLML(Aust) for the first time, and shall expressly mean any hard copy of pictures, documents, original videos and or any other tangible memorabilia (excluding the same item uploaded to MLML(Aust) as stored data)

7. “Stored digital data” shall mean without limitation any electronic copies of pictures, documents, videos and or any other memorabilia or information uploaded to your storage within MLML(Aust) and or transferred from another members membership location from within MLML(Aust).

8. “Membership data” means without limitation the name, address, date of birth, schools attended and other personal data including a picture of the member used to identify them on his or her home page.

9. “Authorised agent” means any person appointed by the member to act on their behalf in accordance with law and or any executor or trustee of their estate.
   

OVERVIEW 

10. This Terms of Use Agreement (the "Agreement") sets forth the terms and conditions which apply to the use of the MLML.com.au website. It is specifically agreed that any marketing or any offer by My Life My Legacy and or My Escrow Documents is only an "Offer to treat" and that any request for memebrship may be rejected. 

11. By completing the membership process and or accessing the MLML.com.au website (even if no payment has been made) you agree to be bound by all of the terms in this Agreement.

12. MLML(Aust) reserves the right to amend these terms and conditions at any time without prior notice. Use and continued use of the MLML.com.au service shall constitute acceptance of any amended terms and conditions.

ELIGIBILITY 

13. You must be a natural person of 18 years of age or older to create an account in your own name and or to subsequently use this website in any manner. Artificial legal entities are not permitted to become a member of MLML(AUST). Any Artificial Entity found to be uploading digital property shall have all material deleted and no payments shall be refunded. 
    

14. You represent and warrant to MLML(AUST) that you are 18 years of age or older, that you have the right, authority and capacity to agree to and abide by these Terms and conditions of Use.

15. You represent and warrant to MLML(AUST) that you will use the MLML.com.au website in a manner consistent with any and all applicable laws and regulations applicable to the jurisdiction of Australia including any international laws and treaties.

16. You specifically warrant and personally undertake that you shall not upload any obscene, pornographic, violent, racist, sexist, or religiously offensive, or defamatory material, and or use any messaging function within MLML.com.au to transmit or store illegal material or comments.

UNDER 18 

17. If you are a natural person under the age of 18 years you must obtain authority from a parent or person who has the lawful authority to allow you to use MLML(Aust), HOWEVER you will not be able to enter your information to open an account MLML(Aust) and you will only have access to a Parents or Grandparents membership, such as to learn how to upload pictures and videos into the part of that members family albums, such as yours.

18. By using MLML.com.au and by visiting, uploading, downloading or amending any information on the MLML.com.au web site you and any person acting on your behalf or with your authority accept these Terms and conditions of use.

OWNERSHIP OF ORIGINAL HARD OR SOFT COPY DATA.  

19. Subject to clauses 20, 21, and 22 it is express term and condition of this agreement that all lawful rights and title to any original data being any hard copy of pictures, documents, videos and or any other tangible memorabilia (excluding secondary data uploaded to MLML(AUST)) and which are under the care custody and control of the member and or subsequently the estate of the member shall remain the property of the member and or his or her estate, and MLML(AUST) shall have no claim whatsoever on the ownership of any original hard copy data. This clause shall survive death of the member and apply to any beneficiary.

DECLARATION OF INTENT AND PURPOSE OF DATA UPLOADED 

20. Notwithstanding clause 22 the member is granted the right for the term of the members natural life in consideration of the member paying the first annual membership fee, to be able to access upload and or amend or delete any stored data excluding membership data to MLML(AUST) provided that the members have paid the current membership fees. Such license automatically expires upon the the members death, and other than entering a date of death into the membership and comments on the “wall of remembrance”, no other additions or comments or deletions may be made.
21. The member expressly agree and instructs MLML(Aust) that after the members demise that MLML(Aust) is not to delete any of the members data or pictures or videos or documents, other than if such data breaches the terms and conditions of this agreement, or if directed to do so by a Court.
22. The member expressly and irrevocably agree's, that upon The member (or agent) creating the MLML(Aust) membership and payment of at least the first 12 months membership fee, and subsequently uploading any membership or stored data to MLML.com.au , that The member has done so with the intention and purpose and desire of ensuring that ownership of all The members (i.e Albums) is transfered to MLML(AUST) (or its nominated person or company) and saved and stored in perpetuity by MLML(AUST) with the purpose of ensuring that at any time during your lifetime and more importantly after the members demise that the information contained in the membership on MLML(AUST) is made available for reward by payment to MLML(Aust) to any persons (without limitation) who may have an interest in accessing your information and data, whether related to you or not.

DEEMING PROVISION.  

23. Such instruction shall be deemed to have been given by virtue of the member uploading pictures and videos into various albums, and payment of any annual fee.

OWNERSHIP OF DATA UPLOADED.  

24. The member specifically and irrevocably agrees that all that all rights, title and property of membership and stored data uploaded to the MLML(AUST) website immediately upon the demise of the member becomes the sole and exclusive property of MLML(AUST) and the member and or the members estate will have no claim whatsoever on the rights, title and ownership.
    

NO BREACH OF COPYRIGHT. 

25. It is expressly agreed that the member or the person lawfully acting on behalf of the estate of the member or the beneficiary at the time of uploading any data, grants to MLML(AUST) an irrevocable license in perpetuity to publish for reward any material uploaded to MLML(AUST) and expressly agrees that this clause shall be able to be plead as full and complete defence to any claim for breach of copyright by  the member or the members estate, or any beneficiary of the estate.
    

PRIVACY OF INFORMATION

26. MLML(AUST) collects personal information from you in order to create your membership profile.

27. MLML(AUST) will not use or disclose your personal information for purposes other than as required by law.
    

28. MLML(AUST).does not store credit card information on any server under the control of My Life is My Legacy .com.au or related websites.

29. MLML(AUST) does not have any access to credit card information at any time. Information in regards to credit cards is stored by a third party billing system and is not able to be accessed by any employee or other member of MLML(AUST).com.au

30. If you wish to add to or delete of amend any of your personal information in the MLML(AUST) system, you are able to do this yourself at any time up to the time when the account is locked due to your date of death being entered into MLML(AUST) or non-renewal of any membership fee whichever comes first.

31. In the event that your membership lapses, entry to MLML(AUST) can be gained by paying the current membership fee. No outstanding membership fees will be payable.

32. In the event that a member has set up an automatic direct debit schedule for renewal of membership, once a date of death is entered into MLML(AUST), any automatic deductions will be stopped and an email sent to the next of kin informing them that payments have been stopped. (This excludes period payments made by the member through the members Bank as we have no ability to stop that occurring)

REFUNDS

33. In the event that the member has paid the first year’s membership and uploaded various digital property into MLML.com.au and then wishes to obtain a refund of that first year’s membership fee. All digital property upoaded will be permanently deleted and the first yaers membership fee refunded, a basic record of a membership will remain, so as to allow a person to rejoin or enter date of death.

34. In the event that you have paid a subsequent year’s membership fee and and uploaded various digital property into MLML.com.au and you wish to obtain a refund of that particulars year’s membership fee. All digital property upoaded during that particular year’s membership period will be permanently deleted and you’re your membership fee refunded. Any digital property already in existance in previous years membership will remain on MLML.com.au.      
35. By using this Service, you acknowledge and irrevocably agree that:
36. MLML(AUST) is a private data storage location and any membership or stored data published by the member or agent to the World at large are NOT “published by MLML(AUST)”, and that the member or the person creating the membership account and allowing people to view the members material is the sole publisher of any material.   
37. While MLML(AUST) always uses its best endeavours MLML(AUST) cannot give an absolute guarantee that the security or privacy of information you provide to MLML(AUST).com.au  web sites through the Internet is free from unlawful hacking or viruses,a nd you specificaly agree that , The member automatically releases us from any and all liability in connection with the use of such information by other parties, including any defamation proceedings, and the member agrees to indemnify MLML(AUST) and any person from any loss of damage or legal costs incurred, in relation to any dispute or legal proceedings, including civil and or criminal proceedings. MLML(AUST) is not responsible for, and cannot control, the use by others of any information which the member provide to them and you should use caution in selecting the personal information provided to others through the service; and, MLML(AUST) cannot and does not assume any responsibility for the content of material sent or uploaded by other users to the service, and the member release and indemnify MLML(AUST) from any and all liability in connection with the contents of any material or communications the member may receive from other users. MLML(AUST) reserve the right to remove any inappropriate material without notifying you beforehand. MLML(AUST) cannot and does not guarantee nor assume any responsibility for verifying the accuracy of the information provided by other users of the Service.

 FORCE MAJEURE. 

36. Neither Party shall be liable for default of any obligation hereunder if such default results from a force majeure (which includes, without limitation, governmental acts or directives, acts of God, terrorism, war, insurrection, riot or civil commotion, flooding, or embargoes,pandemics) which is not within the reasonable control of the Party affected (”Force Majeure”). In such events, the affected Party (the “Affected Party”) shall, without undue delay, inform the other Party (the “Un-affected Party”) of such circumstances the performance of obligations hereunder shall be suspended during, but not longer than, the period of existence of such cause and the period reasonably required to perform the affected obligations in such cases.
    

UNLAWFUL PURPOSE.

37. You acknowledge and agree that you must not use the Service for any unlawful purpose.

If you use this service unlawfully and MLML(AUST) becomes aware of any unlawful activity or publications MLML(AUST) will inform and supply all information to the appropriate person or legal authority, without notification to you. MLML(AUST) reserves the right to do any or all of the following.

block your membership, remove information including any pictures, videos, and data of any type.  

in the sole discretion of MLML(AUST), we reserve the right to refuse to grant the member an opening membership or a renewal

USER AGREEMENT

39. This Agreement including our policies and proceedures constitute your entire agreement with MLML(AUST) with respect to your use of the Service. You agree to abide by all of the terms and conditions contained in this Agreement as a condition becoming or remaining a user of the MLML(AUST) Service.

RIGHT TO USE

40. Your right to use the service is subject to any limitations, conditions and restrictions established by us from time to time, in MLML(AUST) sole discretion. MLML(AUST) may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any service feature, database or content. MLML(AUST) may also impose limits on certain features and aspects of the service or restrict your access to parts or all of the service without notice or liability.

CODE OF CONDUCT

1. You agree to use the service in accordance with the following Code of Conduct:
2. You will not use the service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, terrorist, obscene, or combative language;
3. You will not use the service to infringe the privacy rights, property rights, or any other rights of any person;
4. You will not submit any kind of material or information that is fraudulent or otherwise unlawful or violates any law;
5. You will not use the service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services except with the express written permission of MLML(AUST). 
6. You will not use the service to distribute, promote or otherwise publish any kind of malicious code or do anything else that might cause harm to the Service or to other members' systems in any way.
7. You will not post or transmit in any manner any other members contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.
   

PERSONAL LIABILITY

41. You are solely responsible for anything and everything you submit to the Service. We cannot and do not assume any responsibility or liability over any material or content published by you or other users on the service. The responsibility over any published material or content lies solely on the user that submitted it to the service.

MONITORING OF INFORMATION

42. We reserve the right but have no obligation to monitor or review anything and everything submitted by you to the service you must ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.

REMOVAL OF INFORMATION

43. While we do not and cannot review every item of data or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.

TERMINATION OF ACCESS TO SERVICE

44. We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

PROPRIETARY INFORMATION

45. The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.

NO RESPONSIBILITY

46. You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension.

47. OWNERSHIP OF USER CONTRIBUTED CONTENT, VIRTUAL ITEMS AND CREDITS

48. MLML(AUST) owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the MLML(AUST) Service, including without limitation any element or any other attributes associated with an Account or stored on the Service.

SECURITY

49. Your account is private and should not be used by anyone other than you or people authorised by you. HOWEVER, you are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

50. YOU UNDERSTAND AND AGREE THAT YOU USE MLML(AUST) AND ITS RELATED SERVICES AT YOUR OWN RISK. MLML(AUST) SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.

51. YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY MLML(AUST), OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.

52. YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MLML(AUST) ITS STAFF , AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY MLML(AUST) AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE MLML(AUST) SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE MLML(AUST) .COM WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER MLML(AUST) HAS  BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

53. You hereby agree to indemnify, defend and hold harmless MLML(AUST) and all employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants.

You agree to cooperate as fully as reasonably required in the defence of any such claim. MLML(AUST) reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

OFFENDING MATERIAL.

54. Without limitation to any other right or remedy available to MLML(AUST), the member or visitor will use the facility to block or remove the offending material including blocking any public access (but not remove the identified page from the data base) and send an email to the member or to the executor or beneficiary of the estate seeking that they make a determination. In the event of no resolution between the member and the offended party within 6 calendar months, MLML(AUST) will remove the block and allow public access.

CHANGES TO THE AGREEMENT

55. MLML(AUST) reserves the right, at any time, to change or modify the terms and conditions applicable to your membership. Such changes will become effective upon its publication on the MLML(AUST) .com website. Your continued use of our service after being notified of such changes shall deemed to constitute acceptance by you of any such changes, modifications, additions or deletions.

MISCELLANEOUS

56. This Agreement represents the entire agreement between you and MLML(AUST) regarding the use of our services and supersedes any other agreement or understanding on the subject matter. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the state of Commonwealth of Australia. As a condition of using MLML(AUST) services, each member agrees that any and all disputes and causes of action arising out of or connected with MLML(AUST) shall be resolved firstly by compulsory mediation and failing any agreement that any dispute shal then be referred to arbitration, with such arbitration to be held in Sydney Australia and any Arbitrator being selected by the Institute of Arbitrators.

57. Additionally, except where prohibited by law, as a condition of using the MLML(AUST) services, you agree that any and all disputes and causes of action arising out of or connected to our services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of MLML(AUST) shall be filed in a Court of appropriate jurisdiction within one (1) year after such claim or cause of action arose or be forever barred.

58. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable.

59. This Agreement is not assignable, transferable or sub licensable without the prior written consent of MLML(AUST), No agency, partnership, joint venture, or contract of employment is created as a result of this Agreement.

60. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when transmitted by email or placed on our website.

61. If you have any questions with respect to our policies concerning the handling of your personal information, please contact MLML(AUST) at: support @ MLML(AUST).com.au.

62. APPLICABLE PRIVACY LAW.

    Any data collected on your behalf is held within the country of the member, so if your membership is in Australia, all data is held in Australia, and the laws of privacy within Australia apply. Likewise if the member is in England then all data is held in England, then the laws of privacy within England apply. Simply because the laws may be different in each Country.  

 

Dated 28^th February 2020

 

Version 4.00