Terms of service
Terms of service
- Account means an account created by an Account Owner on Lazarus.
- Account Owner means the person who registers to use Lazarus and creates an Account and/or the bill payer or credit card holder responsible for paying for the service offered by us.
- Data includes but is not limited to any document, data, text, images, graphics, video, sound, information and content whatsoever uploaded onto Lazarus by the Account Owner or an Invited Person.
- Invited User means any person, other than the Account Owner, that uses Lazarus with the authorisation of the Account Owner by using a Lazarus standard tool from time to time. An Invited User includes a Trustee.
- a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
- Personal Information means information about an identifiable, living person as defined in the Privacy Act 2020.
- Trustee means any person appointed as a ‘trustee’ by the Account Owner for the purpose of operating an Account Owners Account when the Account Owner is deceased.
- Underlying System means any network, system, software, data or material that underlies or is connected to Lazarus.
- you, your means an Account Owner, any other person who accesses Lazarus (including any person on whose behalf that person accesses Lazarus) and, where the context permits, an Invited User.
These Terms apply to your use of Lazarus. By accessing and/or registering with Lazarus:
2. We can amend these Terms
These Terms were last updated on 20 July 2021.
3. How you should use Lazarus
- use Lazarus to upload, view, access or retrieve any Data or other information relating to a person except where (and only to the extent that) you have the permission of that person to do so;
- upload false or misleading information and or Data to Lazarus;
- send or provide any false or misleading information and/or Data to a third party;
- not impersonate another person or misrepresent authorisation to act on behalf of others or on our behalf;
- use, or misuse Lazarus in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use Lazarus;
- use access credentials without consent;
- damage or harm Lazarus or its Underlying Systems;
- use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access Lazarus or content featured on it for any purpose;
- introduce any viruses, content or code to Lazarus that is malicious or technologically harmful;
- do anything that could disable, overburden, or impair the proper working of Lazarus , such as a denial of service attack;
- transfer, sell, lease, assign, lend or trade your account without our prior written consent.
- permit or encourage any third party to:
- adapt, reproduce, modify, reverse-engineer, decompile, distribute, print, display, perform, publish or create adaptations from any part of Lazarus or its Underlying Systems; or
- commercialise, copy or on-sell any information or materials obtained from any part of Lazarus.
- use Lazarus in a manner, nor transmit, input or store any Data, that breaches any third party right (including intellectual property rights and privacy rights), or is incorrect, misleading, malicious, discriminatory, defamatory, obscene, harassing, threatening, or unlawful in any way;
- or attempt to do any of the above.
The Account Owner, any Invited User including the Trustee are responsible for all activity resulting from their use of Lazarus and for all activity undertaken by or though the Account, including without limitation all Data that is uploaded to your Account.
4. Process when an Account Owner is deceased
When an Account Owner becomes deceased the Trustee acknowledges and agrees that it is the Trustee’s responsibility to notify us that the Account Owner is deceased through the link on Lazarus. We will not be liable or responsible for the actions of the Trustee. We have no obligation to enquire as to whether the Account Owner is in fact deceased, however, we will endeavour to email the Account Owner to confirm whether the notification from the Trustee was incorrect. If we do not have a response from the Account Owner within 48 hours of our email being sent then we will assume that the Account Owner is in fact deceased and will provide the Trustee with access to the Data.
We take no responsibility for the Trustee’s actions before and after an Account Owner is deceased and we will not be liable for any loss or damage caused by the Trustee’s actions and/or defamatory or offensive information which is received or sent by the Trustee to any third parties. The Trustee shall at all times be responsible and liable for sending the Data including any messages on behalf of the Account Owner.
5. Fees for using Lazarus
- The Account Owner must create an Account to store Data with Lazarus. In creating an Account the Account Owner agrees that Fees may be payable to us when an Account Owner selects a paid plan, when uploading Data, or using any other services that we provide or offer from time to time.
- Fees are exclusive of all sales taxes, in New Zealand this will mean that our Fees are exclusive of GST, any sales tax charged will depend on the country you are purchasing in.
- If Fees are not paid, the Account Owner’s messages will not be delivered to the Trustee upon the Account Owner’s death. The Data will not be deleted immediately but the Account may be suspended. We may cancel the Account if Fees remain unpaid for 2 months after the date of suspension.
- If an Account Owner upgrades their subscription, any unused subscription will be converted to a credit calculated on a pro rata basis for the new plan the Account Owner selects.
- Where an Account Owner elects to downgrade their subscription the downgrade will be effective immediately, and no credits / refunds will be given for the unused period.
- All fees are payable in USD.
6. Account information and access to an Account
- Where you are an Account Owner or Invited User you warrant that you have provided complete, accurate and current personal information such as your full legal name and email address when registering an Account (Account Information) and as an Account Owner you agree to maintain and promptly update your Account Information to ensure it is kept current at all times.
- An Account Owner may grant access to Invited Users by creating user accounts for those Invited Users with separate login details. An Account Owner may, at any time, restrict Invited Users' access to certain features.
- We take no responsibility for the level of access granted to an Invited User, or for the deletion of Invited Users' accounts.
- We will take reasonable precautions to keep an Account and the Data secure and protect it from unauthorised access, however the Account Owner and the Invited User’s agree that we are entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process actions or requests you submit to Lazarus and that we may do so without further enquiry.
- The Account Owner and Invited Users agree to keep log in details and passwords secure and agree not to share passwords with anyone else. We will not be liable for any loss or damage if an Account Owner or an Invited User fails to comply with this security obligation.
- You acknowledge that the internet is inherently insecure. You accept the risk that any information transmitted on the internet or through email may be intercepted or subject to unauthorised access or fraudulent behaviour.
- If an Account Owner or an Invited User believes that someone is accessing an Account without consent or if you would like to report disclosure of your Account Information, please contact us at admin@myLazarus.app.
7. We can both cancel your account
- limit your activities on Lazarus;
- issue a warning to you; and/or
- suspend or cancel your access to Lazarus
If we suspend or cancel an Account Owner’s Account and/or Invited User’s access to Lazarus, the Account Owner must not create another Account or provide that Invited User with access an Account without our prior written approval.
When can an Account Owner cancel their Account?
- As an Account Owner you can cancel your Account at any time by following the steps on Lazarus. Where an Account is cancelled by us or if an Account Owner cancels their Account before the end of the current prepaid period, the cancellation will take effect at the end of the current prepaid period. The Account Owner will not be entitled to a refund for any Fees that have already paid.
- We may delete from our systems all of the Account Owner and Invited User’s Data any time after the expiry of 6 months from the cancellation and/or suspension of the Account. If we do this, the Data cannot be recovered. We are not liable for any loss or damage following, or as a result of, the cancellation of the Account, and it is the Account Owner and/or Invited User’s responsibility to keep copies of any information that they may wish to retain.
8. Who is responsible for the Data?
Where an Account Owner or an Invited User uploads Data to Lazarus the Account Owner and/or Invited User:
- will retain ownership in the Data (as between the Account Owner and/or Invited User and us) unless we otherwise agree in writing;
- that to the extent the Data contains Personal Information, in collecting, holding and processing that information through Lazarus, we are acting as your agent for the purposes of applicable privacy law; and
- are responsible for procuring all licences, authorisations and consents required for the Account Owner and Invited Users to use Lazarus, including to use, store and input Data into Lazarus.
You agree and acknowledge:
9. We own Lazarus and its content
- We (and our licensors or suppliers, as the case may be) own all intellectual property rights existing in Lazarus and its Underlying Systems, including all of the content of Lazarus (such as text, information, graphics, logos, icons and sound recordings), all software code forming part of Lazarus and its Underlying Systems and any improvements, enhancements, modifications or adaptations to Lazarus and its Underlying Systems, but excluding the Data.
10.We welcome your feedback, but you won't get intellectual property rights as a result
We welcome your feedback and ideas on how to improve Lazarus. If you choose to submit your ideas, you agree that we are free to use them and that you will not have rights to any intellectual property that may be generated as a result.
11. Lazarus links to other services, websites and apps
Lazarus may enable you to access other applications and websites that are not owned and controlled by us. Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply that we endorse or verify such websites. We are not responsible or liable for any loss or damage incurred by you as a result of your access to those applications and websites.
12. Lazarus might not always be perfect
We do not warrant or make any representations regarding your access to, or the results of your access to Lazarus including any related or linked websites, or other services that we provide, in terms of success, correctness, accuracy, timeliness, completeness, reliability or otherwise.
From time to time, we may issue an update to Lazarus which may add, modify and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically with little or no notice.
We make no representation concerning the quality of Lazarus and do not promise that:
- Lazarus will meet your specific requirements
- Lazarus (or any third party platform with which Lazarus connects) will be available, uninterrupted, timely, secure, free of viruses or other harmful code or error free;
- the results that may be obtained from the use of Lazarus will be accurate or reliable;
- the quality of any products, services, information or other material purchased or obtained by you through Lazarus will meet your expectations;
- any errors in Lazarus will be corrected; or
- Lazarus will continue to connect with any particular third party platform(s), application(s) or website(s).
We may use third party suppliers to provide Underlying Systems including but not limited to necessary hardware, software, networking, connectivity, storage and related technology required to provide Lazarus. The acts and omissions of those third party suppliers may be outside of our control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
The Account Owner expressly acknowledges and agrees that we do not have control over Invited Users and are not liable for their actions, opinions, or behaviour while they use the services and/or after you are deceased.
13. This is a legal agreement, so some general provisions apply
The headings used throughout these Terms are provided for your convenience and do not affect the meaning of these Terms.
You agree that:
14. Contact us