Lazarus | Terms of service

Terms of service

Terms of service

myLazarus.app (Lazarus) is owned and operated by New Zealand company Legacy Web & Apps Limited (us, we, our) and where applicable its licensors. It is a subscription-based service that allows you to store online personal documents, videos, audio files and photos in accordance with these Terms of Service (Terms). The services we offer are conditional upon your acceptance and compliance with these Terms and our Privacy Policy (known collectively as Terms of Use). You accept these Terms of Use by using Lazarus and/or by selecting “I accept” when you create an Account or use Lazarus as an Invited Person. If you do not accept these Terms of Use, you must immediately cease using Lazarus and any services that we offer.

Definitions

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.

1. Terms of Use

These Terms apply to your use of Lazarus. By accessing and/or registering with Lazarus:

you accept and agree to be bound by these Terms of Use; and
where you access Lazarus as an Invited Person you confirm that you are authorised to access Lazarus and you agree to be bound by these Terms of Use.

2. We can amend these Terms

We can amend these Terms of Use at any time. Amendments will be effective immediately once posted on Lazarus. You are responsible for ensuring you are familiar with the latest Terms of Use. By continuing to use Lazarus, following such notification on Lazarus will represent an agreement by you to be bound by the Terms as amended. You can always find the current version of the Terms here.

These Terms were last updated on 20 July 2021.

3. How you should use Lazarus

You agree to use Lazarus only in a way that complies with these Terms of Use, all applicable laws and regulations, that does not infringe our rights or other users' rights, and that does not inhibit or restrict other users' enjoyment of Lazarus.

Without limiting anything else in these Terms of Use, you agree not to:

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;
facilitate or encourage any violations of these Terms of Use;
or attempt to do any of the above.

We are not obliged to monitor your use of Lazarus. However, we may remove, modify or decline to store Data, if we, in our sole discretion, consider the Data to be inappropriate or consider that they otherwise breach the Terms of Use in any way.

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.
The fees charged for our plans are as set out on Lazarus (Pricing Plans). Where an Account Owner creates an Account for one of our paid services (Paid Plan) The Account Owner or one of the Account Owner’s Invited Users must provide us with a valid credit card number on our link to our third party payment provider to sign up to a Paid Plan. Accordingly, the Account Owner or the Invited User will be providing that third party with their payment information, via a payment portal. As this is a data transmission over the internet, such data transmission is at the Account Owner or Invited User’s own risk, and is in accordance with the third party’s privacy policy and terms of use.
Fees are payable in advance on a monthly or annual basis and are non-refundable. Fees are subject to change at any time, however we will give the Account Owner 30 days' notice of Fee changes by notifying the Account Owner or the Invited User of the changes to our Fees. If the Account Owner or Invited User do not agree to the changes in Fees then they are able to cancel the Account in accordance with these Terms of Use.
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.
An Account Owner is responsible for any Invited User accounts the Account Owner creates, and must delete the Invited User's account if the Account Owner no longer wishes the Invited User to have access (for example, where you end a relationship with an Invited User). When creating an Invited User Account you must ensure that the Invited User agrees to and complies with these Terms of Use.
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

We reserve the right to decline to register, suspend, modify or cancel any account and your use of Lazarus if we consider (in our absolute discretion) that you have breached any of these Terms of Use. Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms of Use, we may:

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.

In the event of suspension or termination, your rights and benefits pursuant to these Terms of Use shall be suspended or terminated (as applicable), however all disclaimers, limitations restrictions and obligations set out in these Terms of Use, and all licenses granted by you pursuant to these Terms of Use, will survive.

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;
grants us a worldwide, non-exclusive, fully paid up, transferable, perpetual, irrevocable licence to store, copy, or otherwise use the Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms of Use and in performing the Service;
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:

that we may store Data (including any Personal Information) in servers in New Zealand and Australia and may access that Data (including any Personal Information) in Australia and New Zealand from time to time and in accordance with our Privacy Policy.
that you indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data breaches any third party right (including intellectual property rights and privacy rights) or is in breach of the Terms of Use.

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.
Subject to the payment of our Fees and any subscription we grant you a non-exclusive, revocable, worldwide licence to use Lazarus , subject to these Terms of Use.

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.

Your use of and access to third party applications and websites will be governed by their terms and conditions and privacy policies. When accessing a third party website or application, we recommend that you read their terms and conditions and privacy policy.

12. Lazarus might not always be perfect

Lazarus is provided on an "as is" and "as available" basis except as expressly set out in these Terms of Use and use of it is at your sole risk. We will try to promptly address (during our normal business hours of working days) all technical issues that arise in connection with Lazarus, however there may be times when Lazarus is inaccessible. We do not warrant that Lazarus or any service we provide, will be uninterrupted or error-free, that any defects will be corrected or that Lazarus or the server which stores and transmits content to you are free of viruses or any other harmful malicious components.

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.

Except as set out below and to the fullest extent permitted by law we exclude all conditions, guarantees or warranties whether expressed or implied by statute or otherwise, and our liability is limited to the resupply of the defective services, or the lesser of a refund of the value of the defective services or USD$100. Where you are a consumer in New Zealand our services are subject to the Consumer Guarantees Act 1993. Where you have rights under the Consumer Guarantees Act such rights may not be effected by this limitation of liability (Consumer Rights). The Account Owner may have other rights in addition to Consumer Rights, however such other rights are, to the extent permitted by applicable law, subject to the limitations in these Terms of Use (Other Rights).

Notwithstanding anything else in these Terms of Use, but to the extent permitted by applicable law, we will not be liable to you whatsoever for any indirect loss, loss of Data, consequential loss, loss of profit, loss of bargain, loss of business opportunity or exemplary damages suffered by you or any other person, whether flowing from any precontractual misrepresentation, forecast or breach of these Terms of Use or not, whether contemplated by these Terms of Use or not, and whether actionable in contract, tort (including negligence), equity or otherwise.

13. This is a legal agreement, so some general provisions apply

These Terms of Use constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us and you, in relation to these Terms of Use or your use of Lazarus.

If any provision of these Terms of Use is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that provision is limited or eliminated to the minimum extent so that these Terms of Use otherwise remain in full effect.

If we do not exercise or enforce any right available to us under these Terms of Use, it does not constitute a waiver of those rights. For us to waive a right under these Terms of Use, the waiver must be in writing.

These Terms of Use, and any dispute relating to these Terms of Use or Lazarus, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms of Use or Lazarus.

The headings used throughout these Terms are provided for your convenience and do not affect the meaning of these Terms.

You agree that:

you will not assign or otherwise transfer or encumber your rights or obligations under these Terms of Use without our prior written approval;
if any provision in these Terms of Use found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.
termination of these Terms of Use for any reason will not affect such rights and obligations of the parties as are intended to survive termination;
these Terms of Use do not create any relationship of partnership, agency, employment or joint venture between us and you; and
any personal information you provide will be collected, used, stored and shared in accordance with our Privacy Policy.

14. Contact us

If you have any questions about these Terms of Use, the practices of Lazarus, or if you would like to give us feedback or notice, you can contact us at admin@myLazarus.app.