Terms of Service

These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by Memorial.ph (as defined below).

1. General

These Terms applies to all users of the Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.

These Terms are between you and Memorial.ph thru Excedrive Solutions or between you and any different service provider identified for a particular Service. 

By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.   

Memorial.ph reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.

2. Use of the Services

Subject to your compliance with these Terms, Memorial.ph grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

You shall use the Services in accordance with these Terms and shall not:

  • Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.

  • Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.

  • Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.

  • Violate any applicable laws, rules or regulations in connection with your access or use of the Services.

  • Use the Services in violation of or to circumvent any sanctions or embargo.

  • Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Memorial.ph or its affiliates, partners, suppliers or licensors.

  • Use the Services for any purpose for which it is not designed or intended.

  • Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by Memorial.ph.

  • Use any proprietary information or interfaces of Memorial.ph or any other intellectual property of Memorial.ph in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.

  • Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.

  • Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.

  • Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.

  • Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.

  • Collect any information in respect of other users without their consent.

  • Commit any act to avoid paying any applicable fees and/or charges.

  • Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory. 
  • Authorize or encourage anyone to do any of the foregoing.

Memorial.ph reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.

3. Account

You would need to have an account with Memorial.ph (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:

  • If you are an individual, you are at least 18 years of age.

  • If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.

  • You are capable of entering into and performing legally binding contracts under applicable law.

  • All information which you provide is accurate, up to date, truthful and complete.

If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.

You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:

  • Keep your password secure.

  • Keep your account information up to date at all times.

Comply with Memorial.ph’s prevailing policies and guidelines (which form a part of these Terms) and all applicable laws with respect to your activities and the Content which you upload to the Services.

Unless expressly permitted by Memorial.ph and subject to these Terms and any other additional terms as Memorial.ph determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user’s Account without their permission. 

4. Listing Fees

You may be charged a listing fee in accordance with Memorial.ph’s prevailing listing fees’ rules and charges, which can be found in this article and forms a part of these Terms.

You acknowledge and agree that:

  • Memorial.ph does not represent or warrant that any Memorial.ph Fees paid or payable will lead to a like, offer, chat and by extension, sale;

  • there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms; and

  • each listing, free or paid expires after 30 days.

 

5. Featured Listing

You can make your listing featured. A Featured listing will appear on top of other listings.