GENERAL TERMS AND CONDITIONS
Article 1. Definitions
1.1. General Terms and Conditions: these general terms and conditions.
1.2. Remember Blue: the company, Remember Blue Pty LTD, offering the Service to User, and any successor thereof.
1.3. Service: the online service "Remember Blue" which can be reached under the URL <http://www.rememberblue.com>.
1.4. User: you as a (main) user of the Service.
1.5. Trustee: User of the Service who is also the person to whom permission is granted by User to [look into] the account after his or her decease.
1.6. Agreement: the Agreement between User and Remember Blue concluded through acceptance of User or Trustee of these General Terms and Conditions.
1.7. Website: the Remember Blue website (www.rememberblue.com) on which the Service is offered.
Article 2. Terms of use
2.1. Remember Blue has stipulated provisions, as set out in these General Terms and Conditions, to ensure an optimal user experience. If non-compliance results in a violation of a legal regulation or an offence, Remember Blue is entitled to report that offence to the authorities, and/or to terminate the User's account as referred to in Article 7.2 of these General Terms and Conditions.
2.2. User or Trustee is prohibited from using Remember Blue and its infrastructure in any way that would result in damage or loss to Remember Blue or third parties, or resulting in complete or partial unavailability of the Service. Non-compliance can lead to termination as set out in Article 7.2 of these General Terms and Conditions.
2.3. User or Trustee is not permitted to access the Service by using the account credentials of third parties, using forged credentials, or by circumventing any technical security measures, regardless of whether these measures are adequate or not. Non-compliance can lead to termination as set out in Article 7.2 of the General Terms and Conditions.
2.4. User or Trustee is not entitled to distribute viruses or other harmful software like Trojans, malware, worms, and backdoors by means of or via the Service and/or the Website. Non-compliance can lead to termination as set out in Article 7.2 of these General Terms and Conditions.
2.5. User or Trustee is not entitled to use the Service to send (commercial) unsolicited messages (spamming). Non-compliance can lead to termination as set out in Article 7.2 of these General Terms and Conditions.
2.6. User or Trustee will administer the credentials to use the Service given by Remember Blue with due care. It is not permitted to disclose the credentials to third parties. If User or Trustee suspects that the credentials are in the possession of a third party, and deems that this can lead to security issues, they will immediately notify Remember Blue. Non-compliance can lead to termination as set out in Article 7.2 of these General Terms and Conditions.
2.7. User or Trustee is not permitted to act in breach of any laws or regulations, rights of third parties, or to infringe any intellectual property rights. Non-compliance can lead to termination as set out in Article 7.2 of these Terms and Conditions.
2.8. Remember Blue is entitled to discontinue the Service at any time without being liable to compensation or damages. In that case, Remember Blue will notify User or Trustee and will give the User or Trustee the possibility to export the data.
Article 3. Intellectual property rights
3.1. All rights to and concerning the Service, regarding intellectual property rights, including but not limited to content and imagery on the website remains vested in Remember Blue or its licensor. Usage of this material is therefore not allowed without the prior permission of Remember Blue or licensor. Permission can be requested by sending an email to support@rememberblue.com. Remember Blue reserves the right to refuse permission.
3.2. All trade names, registered and unregistered trademarks mentioned on the Website and via the Service are vested in Remember Blue or the respective owners.
3.3. The intellectual property rights to material that User uploads, remains vested in User. Remember Blue is merely granted a license by User to process the material per the agreed purpose. This purpose doesn't encompass the right for Remember Blue to disclose the material to any others than User and Trustee(s).
Article 4. Infringement of third-party rights (notice and takedown)
If User infringes on the rights of third parties, these third parties have the right to request Remember Blue to modify or delete infringing links or material and to provide them with the personal data of the User (limited to name and address details). Remember Blue is not liable for compensation or payment of damages. User hereby gives Remember Blue permission to do so in such a case.
Article 5. Liability and indemnification
5.1. Remember Blue has no special relationship or fiduciary duty to the User. The User releases Remember Blue from all liability for any release of User information according to (a) Remember Blue’s receipt from the User or User appointed Trustees of any instructions or permissions authorizing such release to any other person, including without limitation any Read Or Write Access or (b) compliance with any Laws.
5.2. Remember Blue uses industry-standard administrative, physical, and technical safeguards to protect the security and confidentiality of the User’s account information. Nevertheless, Remember Blue cannot guarantee absolute security, and no security measures are 100% effective and fool-proof. THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT, INFORMATION, FUNCTION, AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, USEFULNESS, RELIABILITY OF ANY OPINION, ADVICE OR OTHER CONTENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE TIMELY, SECURE, FREE FROM HACKING OR OTHER SECURITY INTRUSION, UNINTERRUPTED, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL REMEMBER BLUE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OR MATERIALS OBTAINED THROUGH THE SITE OR THIRD PARTY SITE, OR BY YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED THROUGH A THIRD PARTY SITE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE COMPLETENESS, ACCURACY OR USEFULNESS OF ANY OPINION, ADVICE, RESULTS, INFORMATION, OR MATERIALS AVAILABLE THROUGH THE SITE OR OBTAINED THROUGH A THIRD PARTY SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, MATERIALS OR OTHER INFORMATION. NO ADVICE, OPINION, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
5.3. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE TO YOU OR TO YOUR READ OR WRITE ACCESS TRUSTEES, HEIRS, SUCCESSORS OR YOUR ESTATE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO (I) THE USE OF, OR THE INABILITY TO USE, THE SERVICES, CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, (II) UNAUTHORIZED ACCESS TO OR LOSS, CORRUPTION OR ALTERATION OF YOUR INFORMATION, DATA, TRANSMISSIONS, CONTENT OR OTHER INFORMATION, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICES, (V) REMEMBERBLUE’ ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT OR CREDIT CARD INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM, (VI) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF YOUR INFORMATION OR ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT, (VII) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING THE SERVICES OR (VIII) ANY OTHER MATTER RELATING OT THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, GOODWILL, LOST BUSINESS, USE, DATA, SALES, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES (HOWEVER ARISING), EVEN IF REMEMBERBLUE OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) ZAR 500.00.
5.4. User warrants that their entered data is correct and complete. User indemnifies Remember Blue for possible claims regarding nonvalid or untrue data.
5.5. Remember Blue is not liable for the damage resulting from the illegal opening of a User’s account by a Trustee. It is the responsibility of User to select a Trustee that he or she trusts.
Remember Blue will attempt to safeguard the user from bad actors appointed as Trustees. When a trustee attempts to open a User’s account, Remember Blue will attempt to contact the User using User-provided contact information. Should the User not respond within 5 days it is assumed that the User has passed on and the Trustee is not a bad actor.
5.6. User and Trustee acknowledge that Remember Blue is a platform on which User can, among others, record last requests. The intention is to have Trustee follow up those last requests and/or to inform Trustee. Furthermore, User and Trustee acknowledge that although those last wishes are deemed legally binding within some jurisdictions, in other jurisdictions those last wishes can be subject to notarization and/or other procedural requirements before being legally binding. Remember Blue and/or Trustee is not obliged to follow up on the last requests and wishes. These last requests and wishes cannot be deemed a third-party clause, mandate, or any other obligation on the part of Remember Blue and/or Trustee.
5.7. User and Trustee indemnify Remember Blue against all possible claims by third parties, including all claims arising from the incorrect, incomplete, and/or nonperformance of (part of) the last requests and wishes, and the possible illegality thereof.
Article 6. Warranties
6.1. Remember Blue processes personal data under South Africa legislation and regulations.
6.2. User warrants that the material that User enters or uploads is not illegal and does not infringe on the rights of third parties.
6.3. User and Trustee(s) warrant that they will act under the applicable legislation and regulations. If User and/or Trustee infringes on Articles 6.2 and/or 6.3 this could result in termination of the Service as referred to in Article 7.2 of these General Terms and Conditions.
6.4. While Remember Blue makes every effort to ensure the availability of the Service, it cannot warrant that the Service is always available.
Article 7. Duration and termination
7.1. These terms remain applicable as long as User has a Remember Blue account.
7.2. Remember Blue is entitled to immediately terminate the Agreement unilaterally without giving notice or notice of default. Remember Blue has the right to close the account of User without being liable to damage, if (i) Remember Blue suffers reputational damage as a result of actions or negligence of User or Trustee, (ii) if further use of the Website by User or Trustee will lead to foreseeable reputational damage for Remember Blue, and (iii) if User or Trustee fails to comply with the provisions in these General Terms and Conditions, or (iv) if an account is misused or Remember Blue suspects misuse of an Account, in whatever form.
7.3. Remember Blue will destroy data of User and Trustee three (3) months after termination of a User's account, regardless of the cause of termination.
Article 8. Privacy
8.1. Remember Blue will process User data under South African legislation and regulations, and per its privacy policy which forms an integral part of these General Terms and Conditions.
8.2. Remember Blue is entitled to use user data at an aggregate level for its own and external use. This is explained in more detail in the Remember Blue privacy policy. This data will never be traceable, directly or indirectly, to individuals.
Article 9. Transfer of rights and obligations
9.1. Remember Blue is entitled to transfer its rights and obligations under this Agreement to a third party. This is especially allowed in case of a transfer due to a change of legal entity, transfer of Remember Blue as a company, or merger of Remember Blue. User hereby grants its permission, therefore. A possible transfer is without prejudice to any rights (including the right of termination) of User under this Agreement.
9.2. Without Remember Blue's prior permission, User or Trustee is not allowed to transfer the rights and obligations under the Agreement to a third Party. The permission can be subject to additional provisions, for example, the provision that the transfer must be made free of charge.
Article 10. Applicable law and disputes
10.1. The Agreement is exclusively governed by South African law.
10.2. All disputes arising from or relating to the Agreement will be settled exclusively by the competent court in Johannesburg, South Africa, and subject to Remember Blue's permission to refer a dispute to another competent court in South Africa.
10.3. Remember Blue is entitled to unilaterally change these Terms of Use and Service at any time. Remember Blue will notify User and/or Trustee of the changes. After notification, User or Trustee (if User is deceased) has the right to terminate the Agreement within 30 days if User or Trustee does not agree with the changes. After this term, User and Trustee are deemed to have agreed with the modified Terms and Conditions.