Terms, Conditions & Privacy

1. Introduction

Welcome to TRYZEST (Aust) P/L ("we", "our", "us"). By using our website and services, the Subscriber (“you”, “your”) agree to comply with and be bound by the following terms and conditions, privacy policy, and disclaimer. Please review the following terms carefully. If you do not agree with these terms, you should not use this site or our services.

2. Privacy Policy

2.1 Information We Collect

We may collect the following types of information:

Personal Information: Name, email address, phone number and other contact details
Information for Storage: Information, documents and media of all types and forms that you submit to us for storage in your Identity Vault
Payment Information: Credit or debit card details, billing address, and other payment-related information
Usage Data: Information about how you use our services, including IP address, browser type, and operating system
Cookies and Tracking Technologies: Information collected through cookies and similar technologies to enhance your experience on our website

2.2 How We Use Your Information

We use your information for the following purposes:

To Provide Services: To store your information, documents and media; manage your account; and, provide customer support
To Improve Our Services: To analyse usage patterns and improve our website and services
To Communicate with You: To send you updates, promotional materials, and other information related to our services
To Comply with Legal Obligations: To comply with applicable laws and regulations

2.3 Sharing Your Information

Information, documents and media submitted to us for Identity Vault storage will never knowingly or willingly be shared with any third parties except where:

Our services specifically require, such as activation of the role of Trustee upon notice of your demise
We are required to respond to lawful requests of authorized Government agencies

Except as described above, we may share your information with:

Service Providers: Third-party vendors who assist us in providing our services
Business Partners: Partners with whom we collaborate to offer additional services
Legal Authorities: When required by law or to protect our rights and interests

2.4 Your Rights

You have the following rights regarding your personal information:

Access: You can request access to your personal information
Correction: You can request corrections to any inaccurate or incomplete information
Deletion: You can request the deletion of your personal information
Opt-Out: You can opt-out of receiving promotional communications from us

2.5 Security

We take reasonable measures to protect your information from unauthorized access, use, or disclosure. However, no method of transmission over the internet or electronic storage is completely secure.

3. Website Disclaimer

3.1 No Professional Advice

The information provided on this website is for general informational purposes only and should not be considered professional advice. We recommend that you seek professional advice before making any decisions based on the information provided on this website.

3.2 Accuracy of Information

While we strive to ensure that the information on our website is accurate and up-to-date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

3.3 Limitation of Liability

3.4 External Links

Our website may contain links to external websites that are not provided or maintained by us. Please note that we do not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

4. Terms and Conditions

4.1 Services

We provide production and storage services to our customers. All services are subject to availability and may be withdrawn or amended without notice.

4.2 User Responsibilities

By using our services, you agree to:

Provide accurate and complete information when creating or managing your account
Keep your account information up-to-date
Use our services for lawful purposes only
Not engage in any activity that could harm our website or services

We reserve the right to terminate subscriptions for violations of these terms.

4.3 Subscriptions and Payments

Subscription Acceptance: All subscriptions are subject to acceptance by us. We reserve the right to refuse or cancel any subscription at any time for any reason.
Pricing: All prices are listed in Australian Dollars (AUD) and include GST unless otherwise stated. We reserve the right to change prices at any time without notice.
Payment: Subscription payments must be made monthly, on the same day as originally subscribed or the first practical date following. Payments must be made using the payment methods specified on our website.
Late Payments: If a payment is not received by the due date, we reserve the right to suspend or terminate your subscription.

4.4 Remorse, Cancellations and Refunds

Remorse: If you are not satisfied with your purchase, you may cancel your subscription within seven days for a refund of your first month's subscription.
Refunds: Refunds will be processed within seven days of your notice of remorse cancellation. Refunds will be issued via the most effective method available to us.
Cancellations: You may cancel your subscription at any time by notifying us via the contact information on our website. Payments already processed will not be refunded.

4.5 Limitation of Liability

In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of our website or services. Additionally, we will not be held liable for any damages resulting from data breaches or hacking incidents. This limitation of liability applies to all claims founded in breach of contract, breach of warranty, product liability, tort, and any other theories of liability, regardless of whether we were informed of the likelihood of any particular type of damages.

4.6 Intellectual Property

All content on our website, including text, graphics, logos, and images, is the property of TRYZEST (Aust) P/L or its content suppliers and is protected by Australian and international copyright laws.

4.7 Changes to Terms and Conditions

We may update these terms and conditions from time to time. We will notify you of any changes by posting the new terms and conditions on our website. You are advised to review these terms periodically for any changes.

5. Your Trustee

5.1 Appointment of Trustee

You are required to appoint a trustee to manage your subscription in the event of your death or incapacity. Your Trustee will most likely be a family member or close friend who consents to act as back-up account contact and is able to update your information on an ongoing basis. You are solely responsible for your choice of Trustee; for gaining their consent to act in that role; and, for keeping them informed of their ongoing responsibilities. You irrevocably authorize us to communicate with, and take instructions from, your Trustee as if your Trustee were you, always provided that we act in good faith. While this authority creates rights, it in no way creates obligations of any form for us.

5.2 Account Access by Trustee

In the event of:

Notice to us of your demise (determined by us at our absolute discretion); or,
Subscription payment more than 45 days past due; or,
No contact with you for more than 45 days; then

We are authorized to provide full TRYZEST account access to your Trustee by providing login credentials and allowing and assisting your Trustee to act in your stead. You agree that we cannot be held liable for any acts or omissions whatsoever of your Trustee.

6. Future Services

Video Message and Chat Services are expected to become available when reliably supported and quality-assured, at our absolute discretion. These services are not included in our current product offering. When available, we expect to be able to advise our Subscribers and Trustees of service T&C's and pricing, which is expected to be additional to the cost of the Identity Vault services.

7. Grant of Rights

By submitting voice recordings, images, or videos (collectively, "Content") to us, you hereby grant us an exclusive, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content in any media or distribution method now known or hereafter developed, at our absolute discretion. This includes, but is not limited to, the right to use the Content for commercial purposes without any further consent, notice, or compensation to you.

8. Contact Us

If you have any questions or concerns about this legal document, please refer to our website for best contact method.

9. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia, for the resolution of any disputes arising out of or in connection with this Agreement.