Terms and Conditions of Use

These terms and conditions and any additional terms, conditions, notices and disclaimers displayed elsewhere on our websites and associated digital properties that we own and/or operate from time to time (including the website www.minimemoirs.com.au and the Mini Memoir’s mobile application (App) (collectively, “Mini Memoirs Media”) govern your use of and access to all Mini Memoirs Media.

“Mini Memoirs”, “us”, “we” or “our” means TPV Enterprise Pty Ltd (ACN 655 859 779) and/or its related bodies corporate.

1.INTRODUCTION

By accessing any Mini Memoirs Media, you agree to be bound by these Terms and Conditions of Use (Terms of Use). Your access to and use of any Mini Memoirs Media is subject to these Terms of Use.

We may change all or part of the Terms of Use at any time. If we do, the new Terms of Use will be posted on the Mini Memoirs Media. Your subsequent or continued use of Mini Memoirs Media will constitute your acceptance of any changes. If you object to any changes to the Terms of Use, your only remedy is to immediately discontinue your use of the Mini Memoirs Media.

2.HOW IT WORKS

The Mini Memoirs Media is an online platform designed to assist Subscribers in creating personalised digital “memoirs” for their children (Memoirs). The range of services offered through the Mini Memoirs Media includes interactive features that guide Subscribers through answering questions related to pregnancy and the early stages of parenthood. Additionally, Subscribers can share and upload Subscriber Content (as defined below) regarding their children and their personal experiences as parents.

By utilising the Subscriber Content, we automatically generate sequential pages forming a tailored digital Memoir for our Subscribers to document the various chapters in their children’s lives. These Memoirs can be accessed through the Mini Memoirs Media. Additionally, Subscribers will have the option to review and personalise their Memoirs with photos, captions and stories using the editing tools offered by Mini Memoirs.

3.PAID SUBSCRIPTION TERMS

3.1.Mini Memoirs Subscription Service

In order to obtain access to certain sections, features and functions of the Mini Memoirs Media, individuals will need to subscribe to the Mini Memoirs subscription service (Subscribers).

This clause 3 sets out the terms under which Mini Memoirs makes the subscription service available to you.

Subscribers may obtain full access to content, features and functions of the Mini Memoir’s website and the App by purchasing a subscription fee-based service which gives access to all subscriber services.

3.2.Subscription Tiers

When subscribing to Mini Memoirs you may be presented with multiple plans or options (Subscription Tiers). Each Subscription Tier may be subject to differences in features, benefits, pricing, eligibility, restrictions and content. Where applicable, charges may be prorated for any partial month of service when you switch into a higher priced Subscription Tier.

Details of each subscription tier, including features, benefits, pricing, eligibility, restrictions and content are provided within the App or on our website.

3.3.Subscription Types

Monthly

Our “Monthly” subscription is paid in monthly instalments. For each month that your monthly subscription is active, you acknowledge and agree that Mini Memoirs is authorised to charge the same credit card or other payment method (Payment Method) as was used for the initial subscription fee in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be automatically billed to the Payment Method you provided until cancelled. You may cancel your subscription at any time, but in order to avoid billing of the next month’s subscription fee to the Payment Method you provided, cancellation must be before the date the subscription is due to renew each month. Refunds cannot be claimed for any partial-month subscription period (see below for further details on refunds).

Yearly

Our “Yearly” subscription is paid in annual instalments from the date of activation. For each year that your yearly subscription is active, you acknowledge and agree that Mini Memoirs is authorised to charge the same credit card or other payment method (Payment Method) as was used for the initial subscription fee in the amount of the then current yearly subscription fee. The annual renewal subscription fees will continue to be automatically billed to the Payment Method you provided until cancelled. You may cancel your subscription at any time, but in order to avoid billing of the next year subscription fee to the Payment Method you provided, cancellation must be before the date the subscription is due to renew each year. Refunds cannot be claimed for any partial-year subscription period.

3.4.Registration and Security

As part of the subscription registration process, you will be required to create an account and select a username and password. You must provide us with accurate, complete and updated registration information.

Failure to do so will result in breach of these Terms of Use.

You must ensure that your username and password remain secure and confidential. You are entirely responsible for all use, activities and charges associated with or arising from any use of your username and password, including unauthorised use of your credit card.

If any misuse of your login details is detected or suspected by Mini Memoirs (including the concurrent use of your login details) your subscription may be terminated and you will not be eligible for a refund.

An attempt to login with a username and password that is already in use will disconnect the other user. You must notify Mini Memoirs immediately if you become aware of any unauthorised use of your username and password.

Mini Media may monitor usage of any Mini Memoirs Media via your account and may take any action it deems necessary, including termination of your subscription.

3.5.Price

All prices are in Australian Dollars (AUD) unless otherwise advised.

Mini Memoirs reserves the right to change the prices at any time. Mini Memoirs will provide you with at least 14 days’ notice if the subscription fee changes from what was stated at the time of activation.

Price changes will take effect from your next billing date after the notice period. If you do not wish to continue your subscription at the revised subscription fee, you may cancel your subscription before the end of your current direct debit pay cycle.

Your Payment Method must be verified before your subscription can be activated. This may result in a $1.00 pre-authorisation charge which appears on your transaction history. This charge is temporary and should be removed within 7 days. If your initial payment authorisation is revoked, your subscription will be terminated.

You agree to promptly notify Mini Memoirs of any changes to the Payment Method you provided. It is your responsibility to provide valid payment details and ensure that your payment details are up to date. You can manage these online through the App or online at www.minimemoirs.com.au.

3.6.7-day Free Trial

At Mini Memoirs, we value transparency and want you to make informed decisions. As such we offer all new first-time Subscribers a 7-day free trial period with all of our subscription plans (Free Trial Period). The Free Trial Period will commence on the day you register your account and continue for 7 consecutive days.

During this Free Trial Period, you will have access to all Mini Memoirs Media at the highest Subscription Tier without charge. This will allow you to access to all features including additional questions and all photo templates. At the end of the Free Trial Period, your subscription will automatically convert to a paid subscription at your chosen Subscription Tier, and you authorise us to debit the subscription fee from your nominated payment method. If, during the Free Trail Period, you create Memoirs using some of the features not included in your Subscription Tier, then those memoirs will be deleted unless you upgrade to a Subscription Tier which includes those features.

In addition to the subscription fee, you will be required to pay a one-off upfront cost for a physical book folder in which to store your Memoir pages (Cover Book), plus all applicable costs associated with delivery of the physical book folder to your nominated address.

To avoid being charged, you must cancel your subscription before the Free Trial Period ends.

4.ORDERING

Upon expiration of the Free Trial Period, your access to the Mini Memoirs Media will cease until successful payment for your subscription and Cover Book have been received. Once successful payment has been received, we will arrange for your Cover Book to be delivered to your nominated address.

Physical Memoir pages will be available for order upon completion of every four (4) chapters of the Memoir. You will have the opportunity to review and approve each Memoir page before it is sent to you. The cost of these pages is included in your subscription price and will be delivered to you at no additional costs (delivery fee excepted).

5.DELIVERY AND RETURNS

5.1.Returns

At Mini Memoirs, your satisfaction is our priority. If you receive a damaged or defective Cover Book, kindly notify us within seven (7) days of receiving it so that we can promptly address the issue. Mini Memoirs only accepts Cover Book returns for damage or defect that is attributable to Mini Memoirs and does not accept returns for any other reasons (including change of mind).

For the avoidance of doubt, Mini Memoirs will only accept returns for defective and/or damaged Cover Books where such damage/defect is attributable to Mini Memoirs and does not accept returns of any free physical Memoir pages sent to you.

5.2.Return Instructions

To initiate a return, please contact Mini Memoirs and provide photo evidence of the damaged/defective Cover Book before sending the Cover Book to us. Returns will only be accepted upon provision of photo evidence that properly evidences that the Cover Book is damaged or defective on arrival.

Upon contacting us, and upon provision of reasonably satisfactory photo evidence, our team will provide you with delivery instructions. Please note, we do not cover the cost of return shipping unless the Cover Book is damaged or defective and such damage or defect is attributable to Mini Memoirs.

5.3.Delivery Time

The time it takes for your order to reach you is subject to your location. Shipments occur in two stages: processing and transit. Processing and packing typically take 2-3 business days, excluding orders placed on the weekend. Transit times vary but generally fall within the range of 5-7 business days. Mini Memoirs will use its reasonable endeavours to adhere to these time frames will not be responsible for delays that may occur including by Mini Memoirs directly or through any third party service providers.

5.4.Refund Policy

At Mini Memoirs, we value transparency and want you to make informed decisions. Refunds for Subscriptions, regardless of duration, are not available beyond the Free Trial Period. The Free Trial Period allows you to experience Mini Memoirs before committing to a subscription. Once this period concludes, no partial or complete refunds will be issued upon plan cancellation. However, you will be able to retain access to the Mini Memoirs Media until your subscription expires.

Despite the above, in the event you receive a Cover Book that is damaged or defective, you must notify us within seven (7) days. Our customer service team will provide you with return instructions and you must promptly arrange for the Cover Book to be returned to us so that our team can carefully assess its condition (as part of our quality control process). In the event that the damage or defect to your Cover Book is attributable to Mini Memoirs, we will promptly contact you to arrange for a replacement Cover Book to be sent to you at no additional cost or issue you a refund for the cost of the Cover Book only. Please notify our customer service team with 30 days of receipts so that we can arrange for the replacement Cover Book to be sent, or the refund to be issued (as applicable).

If you elect to receive a refund, we will arrange for the cost of the Cover Book to be refunded to the account/credit card from which the funds were originally received within 10 Business Days.

In the event you identify a mistake upon receipt of your physical Memoir pages (such as spelling or photo cropping issues that could have been corrected during the pre-printing preview/review process), we are happy to assist to address these issues. Please note that any replacement pages may incur re-printing and shipping fees (except where the mistake is attributable to Mini Memoirs.

6.MINI MEMOIRS CONTENT

You understand and agree that all material, information and data accessed or used by, or provided to you through any Mini Memoirs Media (the Mini Memoirs Media Content) is the intellectual property of Mini Memoirs or any relevant third parties from whom Mini Memoirs may license that Mini Memoirs Media Content.

You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Mini Memoirs Media Content (either in whole or in part) unless you have been specifically told that you may do so by Mini Memoirs or by the owners of that Mini Memoirs Media Content, in a separate agreement.

You understand that by using the Mini Memoirs Media you may be exposed to Mini Memoirs Media Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Mini Memoirs Media at your own risk.

7.INTELLECTUAL PROPERTY

Unless otherwise indicated, all intellectual property in the Mini Memoirs Media is owned or licensed by Mini Memoirs. Subject to these Terms, Mini Memoirs grants you a non-exclusive, non-transferable, limited licence (Licence) to view and use information directly accessible through the Mini Memoirs Media.

You agree that, subject to your use of the Mini Memoirs Media in accordance with the limited Licence granted to you, you will not infringe Mini Memoirs’ intellectual property in the Mini Memoirs Media and will not modify, copy, republish, frame, distribute or communicate any part of the Mini Memoirs Media or any information contained in it or otherwise use the Mini Memoirs Media in a way which will infringe Mini Memoirs’ intellectual property or other rights.

Any of the trademarks or logos displayed on the Mini Memoirs Media may be registered or unregistered marks of Mini Memoirs. You may not use these trademarks or logos without the express permission of Mini Memoirs. Any unauthorised use of the trademarks or logos is strictly prohibited.

If you download the App through the Apple App Store and/or the Google Play Market, in addition to these Terms, your use of the App is also subject to Apple’s End User Licence Agreement or Google Play’s Terms of Service.

8.SUBSCRIBER CONTENT

If you upload information or content (Subscriber Content) in the course of accessing or using the Mini Memoirs Media, you agree that such Subscriber Content will be available to Mini Memoirs to use in any manner it thinks fit, subject to applicable provisions of the Mini Memoirs Privacy Policy and any legislation, including, without limitation, the Privacy Act 1988 (Cth). You agree that you will not upload or otherwise provide any Subscriber Content, or use the tools and features offered by Mini Memoirs to generate content, which:

is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading;
infringes the intellectual or other proprietary interests of third parties;
impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Mini Memoirs considers to be inappropriate;
contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Mini Memoirs Media or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Mini Memoirs Media or otherwise breaches or encourages other users to breach these Terms or Use;
violates any law, statute or regulation;
forges information to disguise the origin of any Subscriber Content; and
encourages or incites any other person to engage in any of the above behaviour.

By submitting Subscriber Content, you consent to Mini Memoirs using your likeness and have obtained the necessary consents from individuals appearing in the Subscriber Content. You grant Mini Memoirs a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Subscriber Content for the purposes of, including but not limited to:

generating, making available and selling memoirs;
improving and developing the Mini Memoirs Media; and
marketing the Mini Memoirs Media.

You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Subscriber Content in favour of Mini Memoirs. It is important to note that while Subscribers retain ownership of the Subscriber Content, any template or layout utilised through the Mini Memoirs Media is not proprietary to the Subscriber, and the rights to such template or layout remains with Mini Memoirs.

9.LIMITATION OF LIABILITY

You agree that Mini Memoirs is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms of Use, in tort (including negligence) or otherwise arising out of, or in connection with:

the use of any Mini Memoirs Media;
the use by Mini Memoirs of information provided by you to Mini Memoirs through Mini Memoirs Media (including the Subscriber Content);
being unable to access Mini Memoirs for whatever reason and however arising, including (without limitation) negligence; and
the use of any Mini Memoirs Media password by you or any third party to whom you have made the password available.

Subject to the Competition and Consumer Act 2010 (Cth), Mini Memoirs expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Mini Memoirs’ sole discretion):

(a) in the case of goods, any one or more of the following:

the replacement of the goods or supply of equivalent goods;
the repair of the goods;
the payment of the costs of replacing the goods or acquiring equivalent goods; or
the payment of the costs of having the goods repaired.

(b)in the case of services:

the supply of the services again; or
the payment of the cost of having the services supplied again.

10.INDEMNITY

You indemnify, and hold harmless, Mini Memoirs against any action, liability, claim, loss, damage, proceeding, expense (including legal costs on a full indemnity basis) suffered or incurred by Mini Memoirs, arising from, or which is directly or indirectly, related to:

your accessing, using or transacting on any Mini Memoirs Media;
your breach or non-observance of any term of these Terms of Use;
any content sharing activities undertaken by you; or
any breach or inaccuracy in any representations or warranties made to Mini Memoirs by you.

11.SUSPENSION OR TERMINATION OF ACCESS

Mini Memoirs reserves the right at our sole discretion to restrict, terminate or suspend your access to, or use of, all or any part of the Mini Memoirs Media, at any time and for any reason without prior notice or liability, where you have engaged in any conduct that we believe violates any provision of these Terms of Use, violates the rights of Mini Memoirs or third parties or is otherwise inappropriate.

If we limit or close your account or terminate use of the App for any reason, you may contact us and requires restoration of access if appropriate. However, if we deem you have violated these Terms of Use, the rights of Mini Memoirs or third parties then restoration of access is at our sole discretion.

12.LINKS

Mini Memoirs Media may contain links to third party websites. The inclusion of a link does not imply that Mini Memoirs has endorsed or verified the linked websites. Mini Memoirs makes no warranty or representation concerning these links or the linked websites and you enter any third party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.

Mini Memoirs Media may feature or display third party advertising. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither us, nor our officers, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on any Mini Memoirs Media, nor do they offer the goods or services for sale of make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on any Mini Memoirs Media, you do so at your own risk.

13.CONTENT SHARING

Mini Memoirs provides you with the option to share your Memoirs with friends, family and others through email, posts on social media platforms (such as Facebook or X), and alternative methods. We strongly advise that Subscribers exercise the utmost caution when sharing any Memoirs or information and Subscriber content related to your children online. Once you share a Memoir, or any part thereof, on any social media site or other platform, it becomes exceedingly challenging to remove all copies or regulate further distribution.

Mini Memoirs makes no warranty or representation concerning the sharing of Memoirs through the aforementioned third party platforms. You share a Memoir, or any part thereof, on a third party platform at your own risk and it is your responsibility to review any terms of use or privacy policies relevant to such platforms. Mini Memoirs shall not be responsible for any claims, actions, loss or damage arising from, directly or indirectly, you sharing your Memoirs on any third party platform.

14.COMPETITIONS

Mini Memoirs may from time to time run competitions or other promotions on Mini Memoirs Media. These will be subject to additional terms and conditions that will be made known to you at the relevant time.

15.PRIVACY POLICY

Details on how we comply with the Privacy Act 1988 (Cth) and how we collect, disclose, hold or use personal information or other data is available in our Privacy Policy (which can be found here) or as provided to you from time to time. We reserve the right to amend our Privacy Policy as required from time to time.

16.GENERAL

Mini Memoirs reserves the right to amend these Terms of Use at any time without notice to you. Your continued use of any Mini Memoirs Media after such change constitutes an agreement by you to abide by the Terms of Use, as amended.

If any of these Terms of Use are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.

No waiver of any breach of these Terms will be construed as a waiver of any other breach of these Terms.

17.GOVERNING LAW

These Terms are governed by the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms will be heard in Victoria and you agree to submit the jurisdiction of those courts.

18.GENERAL DISCLAIMERS

Use of the Mini Memoirs Media is at your risk. None of our affiliates or directors, officers, employees, agents, contributors, third-party content providers or licensors makes any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with the Mini Memoirs Media, its use, its content or any products or services (including our products or services). This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

Reliance on the completeness, accuracy, suitability or currency of Mini Memoirs Media or its content (including third-party material and advertisements on Mini Memoirs Media), irrespective of any verifying measures taken by us;

Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

Accessing any sites or servers maintained by other organisations through links on any Mini Memoirs Media;

Links are provided for the convenience of Subscribers of any Mini Memoirs Media and without responsibility for the content or operation of those sites: unless otherwise stated, linked sites and their products and services are not endorsed by the publishers and your linking to any such site is at your own risk;

The provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on Mini Memoirs Media;

Defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct; or

A breach by the publishers of their privacy policy (other than a wilful breach).