Terms & Conditions
ADDITIONAL TERMS OF SERVICE FOR OUR SUBSCRIPTION SERVICES
These Additional Terms of Service (“Terms”) apply to all subscribers, or all potential subscribers of Last Toodles [ABN 42184709460 ] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any subscriber of ours, and any successor or legal personal representative of a subscriber.
ONLINE SUBSCRIPTION SERVICES WE WILL PROVIDE
By purchasing our Subscription Services you are entitled to a safe and secure platform – your subscription portal - where you can upload personal video messages "Toodles" to be viewed post completion of life. You can record your message on your device of choice and upload files within your private and secure subscription portal. You will be required to nominate a person “Toodle Trustee” who will be responsible for distributing your Toodles post life completion and a notification will be sent to advise them of your Next of Kin nomination. After your completion of life, your Toodle Trustee can apply to Last Toodles for the release of your Toodles and once confirmed, a temporary link will be sent to your nominated Toodle Trustee and be available for 30 days during which time the Toodle Trustee can view and download as appropriate. Your Toodles will be deleted after this time.
As a subscriber, you can upgrade or downgrade your packages at any time. Within your subscription portal, you can update, change, delete, download and/or replace your Toodles as often as you like.
Things you must do before subscribing
- be 18 years old or have parental ;
- provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information;
- ensure you have adequate technology set up and internet access make use of the Services.
Acknowledgements you make when purchasing on our website
You acknowledge and agree that:
- the content you provide on our platform is not a legally valid “will”. You are at all times responsible for arranging your own will in accordance with the laws of your state and jurisdiction. We strongly suggest you seek legal advice to arrange a last will and testament. We are not your lawyers or financial advisors. You must always seek proper advice from a professional regarding any legal or financial issues. We are not liable for any Loss or damage suffered in connection with the Subscription Services or reliance on any perceived “legal or financial advice”.
- the Subscription Services are voluntary and you use our platform at your sole risk. You are responsible at all times for your safety and wellbeing. We are not an emergency service, and are not your doctor, counsellor, psychologist, psychiatrist, or other health professional. You must always seek proper advice from a professional regarding any diagnosis, assessment or treatment. We are not liable for any Loss or damage suffered in connection with the Subscription Services or reliance on any perceived “health or medical advice”.
- we cannot take into account your personal situation or your personal objectives when providing our Services. Any Materials we provide are general in nature.
You further acknowledge and agree that there may be:
- occasional errors or omissions in the Subscription Services descriptions, prices, availability and promotions;
- Services that are limited to certain regions or groups of people;
- technical problems accessing the portal and using online software.
Whilst we will endeavour to ensure our website and portal does not contain viruses or damaging components, we cannot guarantee our website and portal will be uninterrupted, timely, secure or error free. You use our website at your sole risk. Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Subscription Services.
You also acknowledge that we may make recommendations of suppliers for various products or services during your Subscription. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.
Obligations in relation to posting
You must not post any of the following content on our platform:
- any inappropriate or offensive content including but not limited to, any insults or profanity, conduct that is religiously, racially, or sexually offensive, or threatening or abusive, or that impersonates, or harasses;
- any illegal content including, but not limited to, anything defamatory, and any content that breaches third party Intellectual Property Rights; or
- any immoral content including but not limited to, anything pornographic or obscene.
Rights in Content
When you provide us with content, including but not limited to any videology, you grant us a non-exclusive, worldwide, revocable, royalty-free, transferable licence for the duration of your life plus 30 days following your death to all Intellectual Property Rights in that content.
This licence is to enable us to store the content safely on our platform, and to enable you to repost it elsewhere if you wish. You may revoke the licence by terminating your Subscription and your content will be deleted.
The Fee is automatically deducted from your nominated payment method unless you or we cancel your in accordance with the cancellation or termination terms below.
You authorise us to:
- deduct the Fee and all other accrued and owing fees from your debit or credit card; and
- deduct any applicable currency conversion fees or financial service provider fees where relevant.
You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.
If you have any special offer coupons, they must be used at the time of purchase to apply; they cannot be applied retrospectively.
Things you must do after purchasing our Subscription Services
- maintain the confidentiality of your login and password for your account;
- not allow other people to use the Materials or your unless you have authorised your child as their parent or guardian;
- contact us by email at if you have any difficulty downloading any Materials or accessing the portal;
- not reproduce, duplicate, copy, sell, re-sell or exploit the platform or Materials in any way;
- contact us by email at if you have any issues with the Subscription Services and require a refund;
- seek our prior written consent before any publication of information about us; and
- in the case of a dispute keep all communications confidential.
Things we’d love you to do after purchasing your Subscription
We’d love you to provide us with any testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at email@example.com.
If you need to cancel your Subscription
If you need to cancel your subscription, this can be done at any time by logging into your account and selecting Update my billing details and click cancel and follow the prompts. Your account will close at the next billing cycle. All our Subscription Services are ongoing. We do not provide any refunds or partial refunds for Fees.
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website
Except as required by law, we may at any time, and without prior notice to you:
- change and update information including availability and promotions;
- change prices or descriptions of our Subscription Services;
- discontinue any Subscription Services.
We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Subscription Services are delivered with due care and skill and in a reasonable time.
Except as required by law we do not warrant the quality of the Subscription Services or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer benefit from the Subscription Services or where you fail to comply with our instructions.
If we need to cancel the Subscription Services we will provide a refund
Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel the Subscription Services where we are no longer able to provide them. In these or similar circumstances where you have paid in advance we will provide you with a refund. We will notify you as soon as possible of any changes to the Subscription Services. We do not provide refunds except as required under the Australian Consumer Law.
We can refuse to serve you and provide Subscription Services at any time
We may refuse to provide our Subscription Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, any account and disable your ability to purchase a . We can also change, suspend or stop providing Subscription Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Subscription Services.
All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence for to use our Materials for your personal use only. This licence to use our Materials in relation to the Subscription Services is for the duration of your subscription only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at firstname.lastname@example.org to seek consent.
RELIANCE ON ADVICE DISCLAIMER
We may provide information in our Materials and that may be classed as advice. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete. For that reason, we cannot guarantee that the information is accurate, complete or current.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Subscription Services, including, but not limited to, any errors or omissions, price changes or discontinued Subscription Services, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
- the replacement of the Subscription Services or the supply of an equivalent services; or
- the payment of acquiring an equivalent.
In any case, our liability to you will not exceed the amount of $100.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of this Agreement, and any breach of our Intellectual Property Rights.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of QLD, Australia, and you and we submit to the jurisdiction of the courts of QLD, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, including psychological injury, death, property damage and legal costs.
Materials means any of our materials, and includes any demonstration videos, and anything provided to you during your subscription.
Fee means the subscription fee as advertised on our website from time to time.
Period means monthly, 3 monthly, 6 monthly annually.
Subscription Services means the Last Toodles and includes all Materials.
We, us, or our means Jodie Leigh McKenzie t/as Last Toodles [ABN 42184709460] and includes any of our directors, officers, employees, agents, partners, contractors.
Website and services means www.lasttoodles.com, and everything available on this website including, but not limited to, all Subscription Services.