TERMS OF USE
Remembered Presented by Geelong Cemeteries Trust (GCT) 
Version 2
Effective Date: 16.5.2026

IMPORTANT SAFETY, SITE CONDITIONS AND ASSUMPTION OF RISK NOTICE

 

By accessing or using the Remembered Platform and visiting associated cemetery, memorial, historical, or commemorative locations, you acknowledge and accept that cemetery environments may contain uneven ground, unstable surfaces, unsealed pathways, weather-related hazards, memorial structures, excavation areas, natural obstacles, vegetation, restricted access zones, limited lighting, and areas with limited wheelchair or mobility accessibility.

Cemetery conditions may change without notice due to weather, maintenance activities, excavation works, memorial installation works, vegetation growth, operational activities, or public events.

You are solely responsible for your own personal safety, conduct, movement, and decision-making while accessing or navigating cemetery or memorial locations.

Users should not actively view, interact with, or rely on the Platform while walking, driving, operating mobility devices, or otherwise moving through cemetery environments where doing so may create distraction or increase safety risk.

The Platform, including any GPS, geolocation, mapping, navigation, or location-based functionality, is provided as an informational, commemorative, and educational aid only and must not be relied upon as a precise navigation, accessibility, hazard warning, emergency, or safety guidance system.

Nothing within the Platform creates or implies any duty of care, supervision obligation, accessibility guarantee, safety undertaking, or site management responsibility by Geelong Cemeteries Trust (“GCT”) or associated Service Providers in relation to any cemetery, memorial, or physical location.

To the maximum extent permitted by law, you voluntarily assume all risks associated with:

●    accessing cemetery or memorial locations;
●    using the Platform and associated technologies;
●    reliance on Platform content, maps, directions, or GPS functionality; and
●    movement within cemetery or memorial environments.
This includes risks of:
●    personal injury;
●    illness;
●    emotional distress;
●    death;
●    accessibility limitations;
●    property damage;
●    data loss; or
●    other direct or indirect loss or damage.

To the fullest extent permitted by law, GCT and associated Service Providers exclude all liability arising from or connected with:
(a) use of the Platform;
(b) access to cemetery or memorial locations;
(c) reliance on Platform content or GPS/location functionality;
(d) interruptions, inaccuracies, omissions, errors, or unavailability of the Platform; or
(e) any injury, loss, claim, damage, liability, cost, or expense arising directly or indirectly from use of the Platform.

Nothing in these Terms excludes rights or guarantees that cannot lawfully be excluded under Australian law.

1. ABOUT THE PLATFORM
1.1 The Remembered application, including its mobile, tablet, web, software, and related digital services (together, the “Platform”), is operated by Geelong Cemeteries Trust (“GCT”, “we”, “us”, or “our”) using authorised third-party technology services and infrastructure providers.
1.2 The Platform is provided for commemorative, educational, genealogical, cultural, archival, and historical purposes.
1.3 GCT engages authorised third-party providers to support the operation, hosting, maintenance, development, security, infrastructure, memorialisation services, and technical functionality of the Platform.
1.4 References within these Terms to “Service Providers” include GCT’s authorised:
●    technology providers;
●    software and infrastructure providers;
●    hosting providers;
●    licensors;
●    affiliates;
●    contractors;
●    consultants;
●    volunteers;
●    cemetery operators;
●    memorialisation partners; and
●    authorised operational partners.

1.5 The Platform may include:
●    life stories and biographies;
●    archival content;
●    photographs;
●    audio recordings;
●    memorial and burial location information;
●    geolocation-enabled content;
●    mapping functionality; and
●    historical interpretation materials.

1.6 The Platform may be modified, updated, restricted, suspended, or discontinued at any time without notice.

2. ACCEPTANCE OF TERMS
2.1 By downloading, accessing, registering for, or using the Platform, you agree to be bound by these Terms of Use (“Terms”).
2.2 If you do not agree to these Terms, you must not access or use the Platform.
2.3 Continued use of the Platform constitutes acceptance of any amended Terms published by GCT.

3. ELIGIBILITY
3.1 The Platform is intended for users aged 16 years and over.
3.2 Users under 16 years of age must only access the Platform under supervision of a parent or legal guardian.

4. USER ACCOUNTS
4.1 Certain Platform features may require account registration.
4.2 Users must provide accurate, complete, and current account information.
4.3 Users are responsible for:
(a) maintaining account confidentiality;
(b) all activity occurring under their account; and
(c) ensuring account credentials remain secure.
4.4 GCT may suspend, restrict, or terminate accounts where:
(a) these Terms are breached;
(b) misuse or unlawful conduct is suspected;
(c) security concerns arise; or
(d) operational or legal requirements require restriction.
 

5. PERMITTED USE
5.1 Users may access and use the Platform solely for lawful personal, commemorative, educational, historical, or research purposes.
5.2 Users must not:
(a) misuse or interfere with the Platform or infrastructure;
(b) attempt unauthorised access to systems or data;
(c) scrape, harvest, reproduce, republish, or redistribute content without permission;
(d) commercially exploit Platform content;
(e) impersonate another person or entity;
(f) upload malicious software or harmful code;
(g) use bots, automation tools, AI systems, or machine learning tools to extract, analyse, ingest, or reproduce Platform content;
(h) use Platform content for AI model training, dataset creation, machine learning ingestion, or automated archival processing; or
(i) engage in unlawful, abusive, defamatory, offensive, or inappropriate conduct.

6. PLATFORM CONTENT
6.1 Platform content may include historical, genealogical, memorial, and commemorative materials contributed by GCT and authorised content partners.
6.2 Users acknowledge and accept that:
(a) historical information may be incomplete, interpretive, inaccurate, inconsistent, or subject to revision;
(b) burial or memorial location information is based on GPS and geolocation technology and may vary from exact physical positions due to triangulation, signal limitations, environmental conditions, or device accuracy;
(c) some content may be emotionally sensitive or distressing; and
(d) the Platform is not intended as legal, genealogical, medical, or historical certification.
6.3 GCT reserves the right to edit, remove, restrict, refuse publication of, or modify any content at its sole discretion where content is:
(a) disputed;
(b) inaccurate;
(c) offensive;
(d) legally problematic;
(e) inappropriate for public display; or
(f) operationally unsuitable.

7. GPS, MAPS AND LOCATION SERVICES
7.1 The Platform may provide GPS, mapping, geolocation, and navigation-related functionality.
7.2 GPS and map functionality:
(a) may be incomplete, delayed, interrupted, or unavailable on occasion;
(b) is based on GPS and geolocation technology and may vary from exact burial or memorial positions due to triangulation, signal limitations, environmental conditions, or device accuracy; 
(c) must not be relied upon for precise navigation, accessibility, hazard identification, or safety purposes.
7.3 Users remain solely responsible for safely navigating cemetery environments and complying with all site signage, restrictions, and directions.
7.4 GCT does not warrant that all locations referenced within the Platform are accessible, safe, suitable, or compliant for all mobility or accessibility requirements.

8. INTELLECTUAL PROPERTY
8.1 All Platform content, software, systems, databases, visual elements, branding, stories, audio, imagery, maps, and functionality are owned by or licensed to GCT, authorised rights holders, or associated Service Providers.
8.2 Users may access content for personal, non-commercial use only.
8.3 Users must not reproduce, modify, distribute, republish, commercially exploit, or create derivative works from Platform content without prior written permission.
8.4 The “Remembered” name, branding, and visual identity remain the property of GCT.
8.5 All underlying software systems, APIs, SaaS infrastructure, platform architecture, source code, geolocation systems, hosting infrastructure, technical frameworks and associated technology remain the property of ModUrn and its licensors.
8.6 Platform branding or presentation under GCT identity does not transfer ownership of underlying software or technical systems.

9. PRIVACY
9.1 Personal information is handled in accordance with applicable Australian privacy laws.
9.2 Information may be collected for:
(a) account administration;
(b) Platform functionality;
(c) operational management;
(d) security monitoring; and
(e) lawful service provision.
9.3 The Platform does not collect or sell personal information for marketing purposes.
9.4 Users are responsible for ensuring they have lawful authority to share information relating to third parties.

10. THIRD-PARTY SERVICES
10.1 The Platform relies on third-party hosting, mapping, cloud, telecommunications, and infrastructure providers.
10.2 GCT is not responsible for outages, interruptions, inaccuracies, delays, or failures caused by third-party systems outside reasonable control.
10.3 External links do not constitute endorsement of third-party content or services.

11. LIABILITY DISCLAIMER
11.1 To the maximum extent permitted by law, the Platform is provided on an “as is” and “as available” basis.
11.2 GCT and associated Service Providers do not guarantee:
(a) uninterrupted access;
(b) accuracy or completeness of content;
(c) continuous availability of GPS or mapping services;
(d) compatibility with all devices; or
(e) absence of defects, security vulnerabilities, malware, or service interruptions.
11.3 Users access and use the Platform entirely at their own risk.
11.4 To the fullest extent permitted by law, GCT and associated Service Providers exclude liability for:
(a) personal injury;
(b) illness;
(c) death;
(d) emotional distress;
(e) property damage;
(f) data loss;
(g) business interruption;
(h) indirect or consequential loss; or
(i) special or incidental damages arising from use of the Platform.
11.5 To the maximum extent permitted by law, total aggregate liability of GCT and associated Service Providers arising from or connected with the Platform is limited to AUD $100.
11.6 Nothing in these Terms excludes rights that cannot lawfully be excluded under Australian Consumer Law.

12. INDEMNITY
12.1 Users agree to indemnify and hold harmless GCT and associated Service Providers against claims, losses, liabilities, damages, costs, and expenses arising from:
(a) breach of these Terms;
(b) misuse of the Platform;
(c) unlawful conduct; or
(d) infringement of third-party rights.
12.2 This indemnity applies except to the extent caused by proven negligence or unlawful conduct of GCT.

13. TERMINATION
13.1 GCT may suspend, restrict, or terminate access to the Platform at any time for operational, security, legal, or compliance reasons.
13.2 Upon termination, users must cease all use of the Platform.

14. FORCE MAJEURE
14.1 GCT is not liable for delays, interruptions, or failures caused by events outside reasonable control, including:
●    natural disasters;
●    cyber incidents;
●    telecommunications outages;
●    utility failures;
●    industrial disputes;
●    government actions;
●    pandemics; or
●    third-party service failures.

15. GOVERNING LAW
15.1 These Terms are governed by the laws of Victoria, Australia.
15.2 Users submit to the exclusive jurisdiction of the courts of Victoria.

16. GENERAL
16.1 These Terms constitute the entire agreement relating to use of the Platform.
16.2 If any provision is unenforceable, remaining provisions continue in full force.
16.3 GCT may assign rights relating to Platform operations and service providers.
16.4 Failure to enforce any provision does not constitute waiver.
16.5 Headings are for convenience only and do not affect interpretation.