Terms of Service

Legacy Trail is operated as a sole trader business in New Zealand. If you have any questions contact us at orders@legacytrail.co.nz

01 The Service

Legacy Trail provides a memorial page creation service including:

• Design and publication of a personalised memorial webpage
• A precision-engraved QR code linked to that page
• A welcome pack delivered to your nominated address
• Ongoing hosting of the memorial page for the duration of your active subscription

The service is delivered entirely online. Legacy Trail reserves the right to modify or discontinue features with reasonable notice.

02 Service Provided As Is

Except as required by applicable law, the service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of uninterrupted availability, accuracy, completeness, or fitness for a particular purpose. Legacy Trail does not guarantee that the service will be error-free or continuously available.

03 Consumer Law Rights

Nothing in these Terms excludes or limits any rights that cannot be excluded under applicable consumer protection legislation, including the New Zealand Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Australian Consumer Law, or applicable UK and EU consumer rights legislation. Any provision inconsistent with your non-excludable statutory rights will be read down or severed to the minimum extent necessary.

04 Subscription & Payment

Legacy Trail operates on a subscription model:

• A one-time setup fee of $99 NZD charged at the time of purchase
• A monthly subscription of $9.99 NZD charged automatically each month thereafter until cancelled

Payments are processed securely through Stripe. By providing payment details you authorise Legacy Trail to charge your nominated method on a recurring basis. All prices are in New Zealand Dollars and include GST. International customers are responsible for applicable local taxes or currency conversion fees.

05 Failed Payments & Subscription Lapse

Important: If your subscription payment fails, your memorial page may be suspended. Please keep your payment details up to date.

• Stripe will automatically retry failed payments up to three times over seven days
• You will be notified by email of any failed payment
• A 14-day grace period applies — your page remains live during this time
• If payment is not received within 14 days, your page will be suspended (offline but not deleted)
• Pages held in suspension for a further 30 days before permanent deletion
• You will receive email notice before permanent deletion

QR code note: The physical engraved QR code remains intact regardless of subscription status. However the page it links to will be inaccessible if your subscription has lapsed. Renewing your subscription will restore the page immediately.

06 No Archival Guarantee

Important: Legacy Trail does not guarantee perpetual storage, permanent archival preservation, or indefinite future availability of memorial pages. Continued availability depends on maintaining an active subscription.

Families should not rely on Legacy Trail as the sole archive of important photographs or written content. We strongly recommend retaining independent copies of all submitted materials.

07 Cancellation & Refunds

You may cancel at any time by contacting orders@legacytrail.co.nz

• Cancellation takes effect at the end of the current billing period
• No refunds for partial months
• The setup fee is non-refundable once the memorial page has been created and approved by you
• If you cancel before your page is built, a full refund of the setup fee will be considered at our discretion
• Upon cancellation your page remains live until the end of the paid period, then is taken offline
• You will be given 30 days notice before content is permanently deleted and the opportunity to download all your content

08 Chargeback Policy

Legacy Trail invests significant time and resources in building each memorial page. Chargebacks initiated after the memorial page has been approved by you and the engraved QR code delivered may result in immediate suspension of the memorial page pending resolution of the dispute. We encourage customers to contact us directly to resolve any concerns before initiating a chargeback.

09 Authority to Act

By submitting a memorial you represent and warrant that:

• You have the authority, consent or lawful basis to create and publish the memorial
• You are acting with the knowledge and consent of persons with a close familial or lawful relationship to the deceased where reasonably practicable
• You are not creating a memorial for unlawful, malicious, harassing or deceptive purposes

In the event of a dispute regarding authority, Legacy Trail will act on instructions from the account holder only. Legacy Trail reserves the right to suspend a page pending resolution of a verified legal dispute regarding authority to publish.

10 AI-Generated Content

Important: Memorial content may be drafted using AI-assisted tools. AI-assisted drafts are generated from customer-provided information and are not independently verified by Legacy Trail. You are solely responsible for reviewing and approving all content before publication.

• Legacy Trail does not guarantee the factual accuracy of AI-assisted content
• AI tools may occasionally produce inaccurate, incomplete or unexpected output
• You will always receive a preview for review and approval before the page goes live
• You are solely responsible for verifying the accuracy of all published content
• Legacy Trail accepts no liability for emotional distress, reputational harm or factual inaccuracy arising from AI-generated content that you have approved for publication

11 Content & Intellectual Property

You retain full ownership of all content you submit. By submitting content you grant Legacy Trail a non-exclusive licence to host, display and reproduce that content solely for the purpose of operating your memorial page. By submitting content you confirm that:

• You have the legal right to use all submitted photographs and written content
• The content does not infringe the copyright or intellectual property rights of any third party
• Any photographs containing living individuals have been shared with their knowledge and consent
• Any photographs containing living minors have been submitted with parental or guardian consent
• The content does not contain defamatory, offensive, unlawful or misleading material

12 Prohibited Content

The following content is strictly prohibited:

• Hate speech, racism, or discriminatory content
• Defamatory statements about living individuals
• Graphic, violent or sexually explicit content
• Content that impersonates any person or organisation
• Copyrighted music, video or media used without licence
• Political propaganda or commercial advertising
• Malicious links or harmful code
• Content relating to unresolved criminal investigations where publication may prejudice proceedings

Legacy Trail reserves the right to remove prohibited content immediately and without prior notice. Repeated violations may result in account termination without refund.

13 Account Termination

Legacy Trail reserves the right to suspend or permanently terminate accounts and memorial pages for:

• Repeated violations of these Terms
• Submission of unlawful or harmful content
• Abusive, threatening or harassing conduct toward Legacy Trail
• Fraudulent activity or misrepresentation
• Chargeback abuse

Where possible Legacy Trail will provide notice before termination. In cases of serious breach we reserve the right to terminate immediately.

14 Takedown & Legal Complaints

Complaints regarding content should be submitted in writing to orders@legacytrail.co.nz

• Legacy Trail reserves the right to immediately suspend a page upon receipt of a credible legal complaint pending investigation
• Legacy Trail may request proof of identity and authority from any party submitting a complaint
• Legacy Trail will cooperate with valid legal process, court orders, or legally binding requests from law enforcement or regulatory authorities
• In cases of emergency or imminent harm Legacy Trail reserves the right to remove content without prior notice

15 Date of Birth & Identity Protection

Identity theft warning: Full dates of birth are commonly used by banks, government agencies and insurers to verify identity. Publishing a full date of birth on a publicly accessible webpage creates a foreseeable risk of identity fraud. Legacy Trail strongly recommends displaying birth year only. You will be warned of this risk again at the point of data entry.

Legacy Trail accepts no liability for identity fraud or financial harm resulting from personal information you choose to make publicly available.

16 Privacy Mode

Legacy Trail offers a privacy mode option. When enabled:

• The page will not be submitted for search engine indexing
• The page URL is designed to be difficult to discover without the direct link or QR code
• The page will not be publicly listed by Legacy Trail

Privacy mode reduces but does not eliminate the risk of unauthorised access. Anyone in possession of the QR code or direct URL will still be able to view the page. Legacy Trail cannot guarantee complete non-discoverability of any URL.

17 Living Persons in Content

You are responsible for ensuring living individuals depicted in content have consented to their inclusion. Legacy Trail will process requests supported by reasonable evidence of privacy, safety or reputational concerns from living individuals within 14 days of receipt.

18 Service Availability

Legacy Trail aims to maintain commercially reasonable uptime for all memorial pages. We do not guarantee uninterrupted service. Scheduled maintenance, third party outages or unforeseen technical issues may occasionally result in temporary unavailability. In the event of significant outages Legacy Trail will communicate updates to affected customers and work to restore service as soon as reasonably practicable. Legacy Trail will not be liable for loss arising from temporary service interruptions.

19 Limitation of Liability

Subject to clause 03 (Consumer Law Rights) and to the maximum extent permitted by applicable law, Legacy Trail's total liability to you for any claim shall not exceed the total amount paid by you in the 12 months preceding the claim. Legacy Trail is not liable for:

• Loss or corruption of data caused by third party service providers
• Emotional distress caused by technical issues with the service
• Identity theft or fraud resulting from information you choose to publish publicly
• Third party misuse of content published on memorial pages
• Inaccuracies in AI-generated content that you have reviewed and approved
• Service interruptions caused by factors outside our reasonable control
• Actions or omissions of third party providers including Netlify, Google and Stripe

20 Force Majeure

Legacy Trail shall not be liable for any failure or delay caused by circumstances beyond its reasonable control including natural disasters, pandemic, government action, failure of third party hosting or payment infrastructure, cyberattacks, AI provider outages, or internet disruptions. Legacy Trail will use reasonable efforts to restore service as soon as practicable.

21 Service Continuity & Business Cessation

In the event that Legacy Trail ceases trading, we will provide a minimum of 90 days notice where possible, give all customers the opportunity to download their content, and use reasonable efforts to provide pro-rata refunds of unused subscription periods subject to available funds at the time of cessation.

22 Data Portability

You may request a copy of all content associated with your memorial page at any time by contacting us. We will provide your content in a downloadable format within 14 days at no charge.

23 Changes to These Terms

Legacy Trail reserves the right to update these Terms at any time. We will notify existing customers of material changes by email at least 30 days before they take effect. Continued use of the service after that date constitutes acceptance of the updated terms.

24 Governing Law

These Terms are governed by the laws of New Zealand. Any disputes will be subject to the exclusive jurisdiction of the New Zealand courts. International customers agree that New Zealand law applies to their use of this service, without prejudice to any non-excludable consumer rights under their local law.

25 Contact

Legacy Trail
Email: orders@legacytrail.co.nz
Website: legacytrail.co.nz
New Zealand