EFFECTIVE DATE: JANUARY 2025
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Halftone Digital Pty Ltd (ABN: 52675706519), an Australian company trading as The Keepsake Project ("Keepsake", "we", "us", or "our"), governing your access to and use of the Keepsake website, mobile applications, and all related services (collectively, the "Services"). Our registered office is located at 204/27 Carl St, Woolloongabba QLD 4102, Australia.
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services. If you are accessing or using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" in these Terms shall include that entity.
You must be at least fifteen (15) years of age to use the Services. By using the Services, you represent and warrant that you meet this minimum age requirement. If you are between the ages of fifteen (15) and eighteen (18), you represent that you have obtained the consent of your parent or legal guardian to use the Services and that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We reserve the right to request proof of age and parental consent at any time.
For users between fifteen (15) and eighteen (18) years of age, we require verifiable parental consent before account creation. The parent or legal guardian must provide their consent by completing our parental consent form, which includes their contact information and acknowledgment of these Terms. We may verify parental consent through email confirmation, telephone contact, or other reasonable means. Parents or legal guardians may review their child's information, request deletion of their child's account, or withdraw consent at any time by contacting us at hello@keepsakeproject.co.
If parental consent is withdrawn, we will deactivate and delete the relevant account and associated content, subject to our data retention policy in Section 9.3.
To access certain features of the Services, you must create an account by providing accurate, current, and complete information as requested in the registration process. You agree to maintain and promptly update your account information to ensure it remains accurate, current, and complete. You acknowledge that providing false or misleading information constitutes a breach of these Terms and may result in the immediate termination of your account.
You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your account or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to maintain the security of your account. You may not transfer your account to any third party without our prior written consent.
Keepsake offers subscription services that provide access to our collaborative storytelling platform and related features. We currently offer two subscription options: an annual subscription at $189.99 AUD per year and a monthly subscription at $18.99 AUD per month. Each subscription includes unlimited digital stories and projects, the ability to invite unlimited collaborators, one print credit per subscription year, one gift subscription to share with another person, and access to all storytelling tools and features available on the platform.
New subscribers are eligible for a fourteen (14) day risk-free trial period. The trial begins when you complete the registration process and provide valid payment information. You may cancel your subscription at any time during the trial period without incurring any charges. If you do not cancel before the end of the trial period, your subscription will automatically convert to a paid subscription and your payment method will be charged according to your selected plan.
Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date. By subscribing to the Services, you authorise us to charge your designated payment method on a recurring basis for the applicable subscription fees plus any applicable taxes. Annual subscribers receive their print credit upon completion of the trial period, whilst monthly subscribers receive their print credit after twelve (12) consecutive months of paid subscription. You may update your payment information at any time through your account settings.
We reserve the right to modify our subscription prices at any time. If we change the price of your subscription, we will provide you with at least thirty (30) days advance notice of the change via email to the address associated with your account. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the updated price. If you do not agree to the price change, you may cancel your subscription before the change takes effect.
Each paid subscription includes one gift subscription that may be sent to another person. Gift subscriptions become available after your trial period ends. The recipient of a gift subscription receives the same features and benefits as the primary subscription from which it originates. Gift subscriptions may be sent to any valid email address, including to individuals who already have Keepsake accounts.
Gift subscriptions are non-refundable once accepted by the recipient and cannot be exchanged for monetary value. Gift subscriptions cannot be transferred to another person once accepted by the initial recipient. Unclaimed gift subscriptions expire twelve (12) months after the invitation is sent. We reserve the right to revoke gift subscriptions that violate these Terms or are used for fraudulent purposes.
You retain all ownership rights in the text, stories, photographs, and other content you create, upload, or submit through the Services ("Your Content"). Your ownership of Your Content is not affected by these Terms or your use of the Services. We do not claim any ownership rights in Your Content.
To enable us to provide the Services to you, you grant Keepsake a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content solely as necessary to provide the Services to you and as otherwise permitted by these Terms.
If you separately provide explicit consent (e.g. through testimonials, public sharing, or marketing permissions), you grant Keepsake the right to use Your Content for promotional or marketing purposes.
You represent and warrant that Your Content does not and will not violate any applicable law or regulation, infringe upon or violate the intellectual property rights or other rights of any third party, contain any defamatory, libellous, or unlawfully threatening or harassing material, contain any obscene, pornographic, or sexually explicit material, contain any material that incites violence or contains hate speech, violate the privacy rights of any third party, contain any viruses or malicious code, or constitute spam or unauthorised advertising. We reserve the right, but do not assume the obligation, to remove or disable access to any content that violates these Terms or that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, obscene, or otherwise objectionable.
If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you acknowledge and agree that such Feedback is provided on a non-confidential basis and that we shall have the unrestricted right to use, disclose, reproduce, licence, and otherwise distribute and exploit such Feedback without any obligation or compensation to you.
When you collaborate on projects or share content through the Services, you grant all project members and collaborators you invite a worldwide, non-exclusive, royalty-free licence to view, access, copy, edit, and contribute to Your Content as necessary to participate in the collaborative storytelling process. You grant gift subscription recipients the right to view and create their own content within the Services. By inviting collaborators or sharing content, you acknowledge that other users will have access to Your Content according to the permissions you set, and you are responsible for only sharing content you have the right to share.
Our Services integrate with and rely upon various third-party services, including payment processors, printing partners, email services, analytics providers, and hosting services. These third-party services are not under our control, and we are not responsible for their content, operations, privacy practices, or any issues arising from your use of or interaction with them. Your use of third-party services is governed by their respective terms and conditions and privacy policies.
The Services may contain links to third-party websites or resources. We provide these links for your convenience, but we do not endorse and are not responsible for the content, products, or services available from third-party websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
You agree that your use of third-party services, including any content, information, data, advertising, products, or other materials on or available through such services, is at your own risk. We shall not be liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party services.
Account holders may invite other individuals to collaborate on their projects. When you invite collaborators to your project, you are responsible for their actions within your project and for ensuring they comply with these Terms. You may set different permission levels for collaborators and may revoke their access at any time through your account settings.
Collaborators can edit entries, create new entries, add to queues, comment, participate in group chats, and invite or remove other users based on the permissions granted by the project owner. Collaborators cannot create their own separate projects under their collaboration access and must create their own account to start independent projects. Project owners retain ultimate control over their projects and may modify or revoke collaborator access at any time.
We offer printing services to transform your digital stories into physical books. Each annual subscription includes one print credit, whilst monthly subscribers receive one print credit after twelve (12) months of continuous subscription. Additional printed books may be purchased separately at the prices listed on our website. We partner with Mixam Inc. to fulfil all printing orders, with production facilities in Australia, the United States, United Kingdom, Germany, and Canada.
Keepsake is not responsible for delays, errors, or quality issues arising directly from third-party fulfilment partners, except to the extent required under Australian Consumer Law (see Section 12.4).
We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service, including specific book designs or printing options. We may choose whether or not to honour any coupon, promotional code, or other similar promotions at our sole discretion. We reserve the right to refuse service, cancel orders, or ban any user from making purchases if we suspect fraud, violation of these Terms, or for any other reason at our sole discretion. We may modify or discontinue features, products, or services without liability to you or any third party.
Standard shipping is included for all Australian orders, with an estimated delivery time of five to seven (5-7) business days. International shipping is available to supported countries with varying delivery times and potential additional charges. We are not responsible for delays caused by circumstances beyond our reasonable control, including but not limited to postal service delays, customs processing, natural disasters, or force majeure events.
We stand behind the quality of our printed products. If your book arrives damaged or with printing defects, we will replace it at no additional cost to you. You must report any damage or defects within fourteen (14) days of delivery by providing photographic evidence of the issue. We do not accept returns for change of mind or for errors in the content you submitted for printing. You are responsible for reviewing and approving your content before submitting it for printing.
You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period, and you will retain access to the Services until that time. Upon cancellation, your content will remain viewable in read-only mode, but you will not be able to add new entries or make edits unless you reactivate your subscription.
Given our fourteen (14) day free trial period, we do not offer refunds for subscription fees after the trial period has ended. During the trial period, you may cancel without any charge. For damaged or defective printed products, we offer replacement rather than refunds. In the event of extended service outages or technical issues that substantially prevent your use of the Services, we may, at our sole discretion, provide pro-rata credits for the affected period.
Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our collection and use of your information as described in the Privacy Policy.
We implement commercially reasonable technical and organisational measures to protect your personal information and Your Content against unauthorised access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security of your information.
When you delete content from your account, we implement a soft delete process that allows recovery within thirty (30) days. After this period, or if you choose permanent deletion, your content will be removed from our active systems, though it may persist in our backup systems for up to ninety (90) days. You may request complete deletion of your account and all associated data at any time by contacting us at hello@keepsakeproject.co.
You agree not to engage in any of the following prohibited activities: violating any applicable laws or regulations; impersonating any person or entity or falsely stating or misrepresenting your affiliation with any person or entity; interfering with or disrupting the Services or servers or networks connected to the Services; using any automated means to access the Services, including robots, spiders, or scrapers; attempting to gain unauthorised access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services; using the Services to transmit any viruses, worms, defects, or other items of a destructive nature; using the Services for any commercial purpose without our express written consent; or removing, circumventing, disabling, damaging, or otherwise interfering with any security-related features of the Services.
We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these Terms, including without limitation, removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.
The Services, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement), are owned by Keepsake, our licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as necessary to use the Services in accordance with these Terms.
The Keepsake name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Keepsake or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEEPSAKE, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 AUD) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies you may have under the Australian Consumer Law or any other applicable legislation that cannot be excluded by contract.
You agree to defend, indemnify, and hold harmless Keepsake, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Services, Your Content, or your violation of any rights of another person or entity.
If you have any concern or dispute regarding the Services, you agree to first attempt to resolve the dispute informally by contacting us at hello@keepsakeproject.co. We will attempt to resolve the dispute informally for a period of thirty (30) days from the date you first contact us about the dispute.
If we are unable to resolve a dispute through informal negotiation, either party may initiate mediation proceedings. The mediation shall be conducted by a mutually agreed upon mediator in Queensland, Australia, and both parties agree to participate in good faith. The costs of mediation shall be shared equally between the parties.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND KEEPSAKE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN MEDIATION, ARBITRATION, OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You and Keepsake expressly waive any right to file a class action or seek relief on a class basis. If any court or mediator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that mediation or arbitration can proceed on a class basis, then the dispute shall be decided by a court of competent jurisdiction and not by mediation or arbitration. You and Keepsake agree that the court shall have exclusive authority to determine whether this class action waiver is valid and enforceable.
These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions. If mediation is unsuccessful, you agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the courts of Queensland, Australia, and you hereby consent to the personal jurisdiction and venue of such courts.
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and Keepsake concerning the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Services.
We reserve the right to modify these Terms at any time at our sole discretion. If we make material changes to these Terms, we will notify you by email to the address associated with your account or by posting a notice on the Services at least thirty (30) days before the changes take effect. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect.
You may not assign or transfer these Terms or any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
Neither party shall be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or other unforeseeable cause beyond the reasonable control of such party, provided that such party promptly notifies the other party and uses its best efforts to remedy the situation.
All notices required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or sent by certified or registered mail, postage prepaid, to the addresses specified in these Terms or such other address as either party may specify in writing.
The following provisions shall survive any termination or expiration of these Terms: Section 4 (User Content and Intellectual Property), Section 9 (Privacy and Data Protection), Section 11 (Intellectual Property Rights), Section 12 (Disclaimers and Limitations of Liability), Section 13 (Indemnification), Section 14 (Dispute Resolution), Section 16 (Copyright Infringement), Section 17 (Release Between Users), and this Section 15 (General Provisions).
We have no obligation to monitor the Services or any content posted by users. We do not regularly review content before it is posted and cannot ensure prompt removal of objectionable content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
We may suspend or terminate your account or access to the Services at any time, with or without cause, including but not limited to inactivity, non-payment, or where continued use of the Services may expose Keepsake to legal or security risks. Upon termination, these Terms shall continue to apply to any obligations or liabilities incurred prior to termination.
Keepsake respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, please notify our copyright agent with the following information:
Our designated copyright agent for notice of alleged copyright infringement is:
Copyright Agent
Halftone Digital Pty Ltd
204/27 Carl St, Woolloongabba QLD 4102, Australia
Email: hello@keepsakeproject.co
We reserve the right to terminate the accounts of users who are repeat infringers of intellectual property rights.
If you believe that your content was removed or access to it was disabled by mistake or misidentification, you may submit a counter-notice to our copyright agent containing the following information:
Upon receipt of a valid counter-notice, we will provide the complaining party with a copy of the counter-notice and inform them that we will restore the removed content or cease disabling access to it within ten (10) business days. We will restore the removed content or cease disabling access to it within ten (10) to fourteen (14) business days following receipt of the counter-notice unless our copyright agent first receives notice from the complaining party that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material.
You are solely responsible for your interactions with other users of the Services, including collaborators on your projects. We reserve the right, but have no obligation, to monitor disputes between you and other users.
To the fullest extent permitted by applicable law, you release Keepsake, its affiliates, and their respective officers, directors, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to disputes between you and one or more users of the Services. You acknowledge and agree that Keepsake is not responsible for the actions or inactions of any user, including content posted by users or disputes arising between users.
Keepsake is committed to ensuring that our Services are accessible to all users, including those with disabilities. We strive to comply with applicable accessibility standards and continuously work to improve the accessibility of our platform. We aim to meet the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards where feasible.
Our Services include various accessibility features designed to improve usability for all users. These may include keyboard navigation support, screen reader compatibility, alternative text for images where appropriate, and clear visual contrast. We regularly review and update our accessibility features based on user feedback and evolving best practices.
If you encounter any accessibility barriers while using our Services or have suggestions for improvement, please contact us at hello@keepsakeproject.co. We value your feedback and will make reasonable efforts to address accessibility concerns promptly. We are committed to providing alternative means of access to our Services for users who encounter barriers.
If you have any questions about these Terms or the Services, please contact us at:
Halftone Digital Pty Ltd
(trading as The Keepsake Project)
ABN: 52675706519
27 Carl St, Woolloongabba QLD 4102, Australia
Email: hello@keepsakeproject.co
Thank you for choosing Keepsake to preserve and share your family's stories.