Terms and Conditions
Welcome to Mycondolences Holdings Pty Ltd (the “Website” or “Platform”). This Website is owned and operated by Leonard Family Pty Ltd (referred to as the “Company”, “We”, “Us”, or “Our”), acting as the lawful corporate trustee for Leonard Family Trust.
By accessing, browsing, or using this Platform—including the standard user directory, the digital condolence book modules, and the dedicated dashboard portal built for funeral directors—you explicitly indicate that you accept these Terms and Conditions and agree to abide by them. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE REFRAIN FROM USING OUR SITE.
1. SCOPE OF SERVICES AND AGREEMENT HIERARCHY
This Platform operates as a cross-border digital intermediary facilitating: (a) The public obituary and digital notice board directory; (b) Interactive Condolence Books and family tribute subpages; and (c) The dedicated,authenticated Portal for Funeral Directors (the “Funeral Directors’ Area”). Precedence Rule for B2B Partners: If you are a registered Funeral Director, additional commercial terms will apply to your monthly billing and system integration frameworks. The specialized Funeral Directors’ Terms and Conditions will be delivered to your organization separately during onboarding. In the event of a direct conflict between these general website terms and your specialized corporate agreement, the Funeral Directors’ Terms and Conditions shall take precedence.
2. SITE ACCESS AND OPERATIONAL LIMITS
Temporary Basis: Access to our Platform is permitted on a temporary basis. We reserve the absolute right to withdraw, restrict, or amend the services we provide without prior notice. The Company will not be liable if, for any reason, the site is completely or partially unavailable at any time or for any duration. Network Responsibility: You are solely responsible for executing all personal technical arrangements necessary to safely access our Platform. You are also required to ensure that all persons accessing the Website through your network hardware or internet connection are aware of these Terms and comply with them in full.
3. STRICT PROHIBITED USES AND ANTI-DATA SCRAPING
You may utilize our site only for lawful, legitimate purposes. You explicitly agree that you shall not use the site:
• To transmit or procure the distribution of any illegal, unsolicited or unauthorized advertising, marketing campaigns, or promotional materials (“Spam”).
• To knowingly inject, host, or transmit malicious code, including viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, or adware designed to compromise database integrity.
• Screen Scraping Ban: You agree not to use, or instruct any third-party system to use on your behalf, automated software programs, digital bots, index crawlers, or any specialized method of “screen scraping” or “web scraping” to extract obituary listings, text data, names, or graphics from this website.
4. THE TONE OF RESPECTFUL BEREAVEMENT & DEFAMATION BAN
The Respectful Baseline: You acknowledge and agree that this site is intended to be a strictly respectful space, given that all elements relate directly to the tracking of death notices, expressions of corporate or family condolences, and the honoring of deceased loved ones. You agree that you will only post content, text, data, or replies that are completely consistent with this tone of respectful bereavement. Removal Discretion: The Company reserves the unconditional right to delete or disable public access to any post, condolence record, tribute entry, or reply that we deem inconsistent with this tone, or which is deemed offensive, blasphemous, scandalous, or a violation of local community standards. Cyber-Libel Sanctions: Content must be strictly accurate (where it states facts) and genuinely held (where it states personal opinions). Any user who posts false listings (claiming a living individual is deceased) or posts defamatory content inside condolence logs assumes full civil and criminal liability under the Philippine Cybercrime Prevention Act of 2012 (RA 10175).
5. REGISTRATION VERIFICATION & DIGITAL DECLARATION
Bypassing Physical Documents: To maintain compliance with the Philippine Data Privacy Act (RA 10173) and protect user security, the Platform does not require the physical upload of official government death certificates. The Checkbox Binding Agreement: To publish a notice or leave an entry, users must check our verification box. Ticking this box constitutes a legally binding declaration that the target individual is deceased and that the user has the lawful family authority to publish the listing. Under Republic Act No. 8792 (The Electronic Commerce Act of 2000 of the Philippines), this electronic execution, combined with the checkout audit trail (IP address, time stamp, and Stripe billing name), holds full legal validity equivalent to a handwritten signature.
6. INTELLECTUAL PROPERTY & COMPLETE OWNERSHIP ASSIGNMENT
Platform Assets: The Company is the sole owner and lawful licensee of all intellectual property rights embedded within the Website’s design, layout, code architecture, and branding. Irrevocable Assignment of User Content: When you upload, publish, or type text content on our site—including messages of condolence, tributes, and text replies (with the explicit exception of formal commercial business advertisements placed by funeral directors)—you absolutely and irrevocably assign to us, as legal and beneficial owner, all intellectual property and copyright contained in that User Content. Moral Rights Waiver: You explicitly waive absolutely any moral rights arising from your written condolences globally. This allows the platform to safely preserve memorial notice logs intact without risk of individual users demanding localized deletions of random comment rows that compromise the historic integrity of an obituary database.
7. NOTICE, COMPLAINT, AND TAKEDOWN SYSTEM
If you believe a condolence entry or active memorial page is inaccurate, defamatory, or completely unauthorized by the immediate estate:
• Reporting Protocol: Email your request immediately to admin@mycondolences.ph using the subject phrase: “Urgent: Listing Removal Request.” and provide a link to the memorial in question.
• Interim Suspension: Upon receiving a credible notice, we reserve the right to temporarily disable public viewing of the contested webpage while our team reviews the submission’s origin.
• Liability Exclusion: The Company explicitly excludes any and all liability for loss or damage arising from unauthorized, inaccurate, or prank notices uploaded to our platform by third parties. Our liability immunity is strictly contingent upon our prompt execution of our take-down workflow once a formal report is validated.
• Appeals System: If you disagree with our team’s resolution regarding a content dispute, you may submita formal appeal within fourteen (14) days of the decision by contacting admin@mycondolences.ph.
8. STRIPE FINANCES & TAX MANIFESTO
All monetization pipelines operate through Stripe. The platform maintains no processing visibility or local storage of credit card profiles. B2B Gross-Up Obligation: All monthly invoices dispatched to local Funeral Directors are net exclusive of tax. If the Philippine Bureau of Internal Revenue (BIR) mandates that a local business withhold a percentage (such as the 25% Final Withholding Tax) from an outbound invoice, the B2B Merchant contractually agrees to gross up the payment so that the Company receives 100% of the listed invoice value natively via Stripe.
B2C Digital VAT Collection: Direct transactions executed by individual consumers on the platform automatically integrate a 12% calculation layer managed by Stripe Tax to ensure full adherence to the Philippine Digital Service Provider (DSP) VAT frameworks.
9. INDEMNITY, LIABILITY CAPS, AND GOVERNING LAW
Indemnity Clause: You agree to fully indemnify and hold harmless the Company, its corporate trustee, and the beneficiaries of the family trust from any financial claims, losses, administrative fines, or legal defense costs resulting from your publication of inaccurate, illegal, or defamatory information on the Platform. Governing Law: These general terms shall be governed by and interpreted under the laws of the State of Western Australia. However, cross-border content disputes or data handling matters targeting local Philippine residents remain subject to the regulatory oversight of the Philippine National Privacy Commission (NPC).