Memory Box Products and Services

Terms and Conditions of Use

Updated and effective as of March 10, 2011.

READ THIS AGREEMENT CAREFULLY.

Incriptus Ltd ABN 91 130 115 285 ("Memory Box") is willing to provide its Products or Services to you only if you accept all of the following terms and conditions, the Memory Box Privacy Policy, as well as any operating rules, policies, price schedules, and other supplemental documents Published by Memory Box from time to time, all of which are incorporated herein by reference (collectively, "Terms and Conditions of Use" or "this Agreement").

1. Definition of Terms

As used in these Terms and Conditions of Use:

(a) "Memory Box," "we," "us," or "our" (whether or not capitalised) means Memory Box Backup Pty Ltd and its subsidiaries. 

(b) "You," "yourself", "user," and "customer" (whether or not capitalised) refer to the individual or legal entity registering for or using the Memory Box Products or Services.

(c) "Memory Box Products or Services" means data backup services, websites (including without limitation, http://www.memoryboxbackup.com/), all other documentation, features, tools, Memory Box Software, and any other products or services provided by Memory Box or its authorised agents, distributors, and licensees.

(d) "Memory Box Software" means software provided to you or for your use by Memory Box. 

(e) "Computer" (whether or not capitalised) means a desktop or laptop computer, network device, and any storage device attached to them in any fashion. 

(f) "Personal Information" means information that you may provide at the time of registration or otherwise, such as name, physical location or address, IP address, e-mail address, employment, or similar information that identifies you as a specific individual.

(g) "Backup Data" includes any data you back up through Use of the Memory Box Products or Services and any related data that are in the possession of Memory Box or Memory Box Associates. 

(h) To "Publish" documents or information means to provide to or make them accessible to you by mailing, emailing, desktop messaging, faxing, or delivering them to you, or by posting them to http://www.memoryboxbackup.com/ or any other website you visit to register for, subscribe to, license, buy, or Use Memory Box Products or Services. 

(i) To "Use" or "Using" Memory Box Products or Services means each time you visit a Memory Box website, register with Memory Box, download Memory Box Software, use Memory Box Software to encrypt or back up data, view the status of your Backup Data, store or restore Backup Data, access any Backup Data or request support. 

(j) "Memory Box Associate" means persons or entities who have provided products, licenses, or services to Memory Box and persons or entities with which Memory Box has entered into an agreement to sublicense or to provide Memory Box Products or Services to users. 

(k)"Days" (whether or not capitalised) means calendar days.

2. Acceptance of Terms and Conditions of Use; Modification; Cancellation

By registering to Use Memory Box Products or Services, and each time you Use a Memory Box Product or Service, you affirm your acceptance of these Terms and Conditions of Use and agree to comply with them now and throughout the period of your Use of the Memory Box Products or Services and thereafter, as noted in Section 6 (Memory Box License to You; Renewals, etc.) below. If you do not agree to these Terms and Conditions of Use in their entirety, do not Use Memory Box Products or Services.

Memory Box may change the Terms and Conditions of Use at any time, without prior notice to you, and in its sole discretion. The new or modified Terms and Conditions of Use will be effective immediately after we publish them on our website at http://www.memoryboxbackup.com/.

If you do not agree to be bound by Memory Box’s Terms and Conditions of Use as Published by Memory Box from time to time, your sole and exclusive remedy is to discontinue using Memory Box Products or Services.

If you wish to cancel your Memory Box license after a change in the Terms and Conditions of Use, you must do so in writing or by email within thirty (30) days after your next Use of a Memory Box Product or Service following the change in the Terms and Conditions of Use. For this type of cancellation you will receive a pro-rata refund for the unused portion of your Memory Box license as of your date of notice. You acknowledge and agree that if you do elect to cancel your license within this specified period after a change in the Terms and Conditions of Use, or if you cancel your license or fail to renew an expired or terminated license for any reason, Memory Box may delete any information that Memory Box has obtained through your Use of Memory Box Products or Services, including without limitation, your Backup Data, and Memory Box will not have any Backup Data available for your Use.

3. Requirements for Registration or Use of Memory Box Products

Memory Box Products or Services are intended and offered only for lawful Use by individuals or organisations with the legal capacity and authority under applicable law to enter into a contract for such products or services. By registering for and/or by Using Memory Box Products or Services, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to the Memory Box Terms and Conditions of Use and that you will Use Memory Box Products or Services only in accordance with these Terms and Conditions of Use and with all applicable laws. If an individual is registering or Using Memory Box Products or Services on behalf of an entity or organisation, that individual warrants, represents, and covenants to Memory Box that such individual is duly authorised to agree to these Terms and Conditions of Use on behalf of the organisation and to bind the organisation to them. If an individual uses Memory Box Products or Services that are provided by any third party including any person, entity or organisation, the individual Using the Memory Box Products or Services, by virtue of such use, agrees that any information the individual provides to Memory Box (including but not limited to the individual's Backup Data and Personal Information) will be accessible to, and may be viewed, changed, or deleted by the person, entity or organisation that provided the Memory Box Products or Services to the individual.

You agree to provide accurate and complete information when you register for a Memory Box Product or Service and you agree to keep such information accurate and complete during the entire time that you Use Memory Box Products or Services.

We may ask you from time to time to establish a user name or password to access or Use the Memory Box Products or Services. You are solely responsible for any consequences arising in whole or in part out of your failure to maintain the confidentiality of your username and/or password.

4. Changes to the Memory Box Products or Services

Memory Box has the right at any time to change, modify, add to, discontinue, or retire any Memory Box Product or Service and any aspect or feature of the Memory Box Products or Services including, but not limited to, the software, hours of availability, equipment needed for access or Use, the types of files that are backed-up (not every file on your computer may be backed-up), the maximum disk space that will be allotted on Memory Box servers on your behalf either cumulatively or for any particular service, or the availability of Memory Box Products or Services on any particular device or communications service.

Memory Box will provide notice of material changes to the Memory Box Products or Services or changes to this Agreement by posting them to http://www.memoryboxbackup.com/. Memory Box shall have no obligation to provide you with notice of any such changes in any other manner. It shall be your responsibility to check our website periodically to inform yourself of any such changes.

From time to time, Memory Box may issue new releases, revisions, or enhancements to the Memory Box Products or Services available to you free of charge or for a fee. New releases, revisions or enhancements may be licensed, downloaded, and installed only to the extent that you hold a valid license to Use the Memory Box Products or Services being updated or upgraded, and you may Use them only in accordance with the then-current Terms and Conditions of Use and any additional license terms that may accompany them.

Memory Box may automatically update Memory Box Products or Services you have installed on your computer without your prior consent. You agree that we may automatically check your version of the Memory Box Software and automatically update the Memory Box Software on your computer. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related activities and services. If any automatic updates involve the payment of additional fees, we will provide you with the opportunity to approve such fees prior to the update being enabled. If you fail or refuse to approve such fees, Memory Box may, in its sole discretion, terminate your current license, continue to support your current Memory Box Products or Services without the automatic update, or replace your Memory Box Products or Services with other Memory Box Products or Services. If Memory Box terminates your current license on account of your failure or refusal to approve such fees, then Memory Box will refund, on a pro-rata basis based on the remaining term of the current license, any fees related to the period during which you will not have access to your Memory Box Products or Services. If Memory Box updates the Memory Box Products or Services without requiring an additional fee and you object to such change, your sole remedy shall be to terminate your use of the Memory Box Products and Services.

5. Memory Box License to You; Renewals, Modifications, Limits

(a) Scope of License

Memory Box grants you a non-exclusive, non-transferable limited and revocable license to install the Memory Box Software only on the computer(s) for which you have paid the applicable fees and taxes and from which you are licensed to access the Memory Box Products or Services, and to Use the Memory Box Products or Services for the sole and exclusive purposes of connecting to and Using the Memory Box Products or Services for your personal or internal business purposes in accordance with these Terms and Conditions of Use. We reserve all other rights to the Memory Box Products or Services. 

You may Use a license for the Memory Box Products or Services with only one computer at a time unless the Memory Box Products or Services you Use are explicitly designed and marketed to operate on more than one computer at a time concurrently. The type of license you have is set forth as part of the Memory Box Product or Service description available at http://www.memoryboxbackup.com/.

Should your license for the Memory Box Product or Services you Use be designed for only one computer at a time you may transfer your license to another computer in the event that you cease to use the computer on which Memory Box Software was originally installed. If you wish to protect multiple computers, you must obtain a separate paid license for each computer or you must obtain a multi-computer license which will be applicable to the number of computers stated in such license.

You may not sub-license, or charge others to Use or access the Memory Box Products or Services and you may not redistribute the Memory Box Products or Services or provide others with access to or Use of them, unless you have entered into a separate Reseller Agreement or other agreement with Memory Box that expressly authorises you to engage in this activity. Without limiting the forgoing, you will not permit others to Use the Memory Box Products or Services to access or decrypt data stored on servers provided by Memory Box or Memory Box Affiliates; you will not Use or permit others to Use the Memory Box Products or Services to decrypt data encrypted by others; and you will not Use or permit others to Use the Memory Box Products or Services to provide encryption or decryption services to others, whether or not such services are compensated.

(b) Trial Licenses

You may have received as part of your Memory Box license the opportunity to extend the expiration date of your license or trial through the Use of various marketing codes. If you do not enter these codes at the time you purchase your license or start your trial license, Memory Box will not add this additional time to your license or trial at a later date.

If you received a free trial or evaluation license for which you have not paid a license fee, Memory Box grants to you a non-exclusive, non-transferable limited license to Use the Memory Box Software during the trial or evaluation period in accordance with these Terms and Conditions of Use. If you wish to protect multiple computers with a free trial or evaluation license, you must obtain a separate license for each computer or you must obtain a multi-computer license which will be applicable to the number of computers stated in such license. You may only install one free trial or evaluation license in each calendar year.

(c) Renewals

You agree that Memory Box shall have the right to automatically and without notice renew your license to continue to Use the Memory Box Products or Services upon expiration of your then-current license, and that as part of such renewal Memory Box shall have the right to charge the applicable renewal fees and any applicable taxes, which may be different than those you paid when you initially purchased or last renewed your license for Memory Box Products or Services to any credit card you used to purchase your then-current license. You agree that if you elect to not permit Memory Box the right to automatically renew your license to Use Memory Box Products or Services or your credit card information on file with Memory Box does not permit automatic renewal, then Memory Box may terminate your license if you do not otherwise renew your license.

(d) Cancellation of Renewals

You may cancel a renewal of a license only on the following terms:

If your most recent original or renewal license of Memory Box Products or Services was for a period of greater than ninety (90) days, you have thirty (30) days from the date that your license was last renewed to elect to discontinue your Use of Memory Box Products or Services. If you elect to discontinue your Use of Memory Box Products or Services within this period, you will be issued a full refund for the amount of your license renewal.

If your most recent original or renewal license of Memory Box Products or Services was for a period of less than ninety (90) days, you have seven (7) days from the date that your license was renewed to elect to discontinue your Use of Memory Box Products or Services. If you elect to discontinue your Use of Memory Box Products or Services within this period, you will be issued a full refund for the amount of your license renewal.

All monies due Memory Box for subscriptions which are paid in arrears, whether or not invoiced, are payable in full when invoiced.

Should you fail to pay amounts invoiced and due within seven (7) days of being invoiced, or should your payment be otherwise rejected or denied, then Memory Box may at its sole discretion begin collection proceedings to recover any and all amounts due. Should Memory Box elect to refer your past due obligations for collection proceedings you will also become responsible for any costs associated with said collections and shall pay Memory Box the greater of the then permissible interest rate on the past due balance or 1.5% per month calculated and due on a monthly basis.

You are responsible for ensuring that Memory Box has current and accurate records necessary, to renew your license, including without limitation, credit card data.

6. Assignment and Delegation by Memory Box

Memory Box may, in its sole discretion, transfer or assign all or any part of its rights in the Memory Box Software, the Memory Box Products or Services, and any license or contract related thereto, and may delegate all or any portion of its duties, if any, under any such Memory Box Products or Services, licenses, or other contracts.

7. No Transfers or Modifications by You

You may not sell, assign, grant a security interest in or otherwise transfer any right in the Memory Box Products or Services, nor incorporate them (or any portion of them) into another product or service. You may not copy the Memory Box Products or Services. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Memory Box Software or decrypt any files that are not associated with your computer.

You may not modify the Memory Box Software or use it in any way not expressly authorised by these Terms and Conditions of Use. You may not obtain the communications protocol for accessing the Memory Box Products. You may not authorise or assist any third party to do any of the foregoing.

8. Protection of Files

You are solely responsible for protecting the information on your computer such as by installing anti-virus software, updating your applications, password protecting your files, and not permitting third party access to your computer. You understand that the Memory Box Products or Services may back-up files that are no longer usable due to corruption from viruses, software malfunctions or other causes. This might result in you restoring files that are no longer usable.

9. Retention or Deletion of Backup Data and Personal Information

Memory Box Software saves an encrypted copy of each file you designate. The Memory Box Software scans for changes or additions to these files and then periodically creates an encrypted copy of modified or newly designated file. You will not be able to restore files that Memory Box has not completed copying, files that have been changed but not yet been backed up, or files or folders or disc drives that are not eligible for back up. Memory Box does not maintain a secondary copy of your data that you have Backed Up. Should your data be lost by Memory Box we will undertake commercially reasonable efforts to create a replacement back-up from the files stored on your computer.

If your license to Use Memory Box Products or Services expires, is terminated, is not renewed, or is otherwise discontinued for any reason, Memory Box and the Memory Box Affiliates may, without notice, delete or deny you access to any of your Backup Data that may remain in their possession or control.

You agree that if i) you mark a file to no longer be backed-up, ii) you delete a file from your computer, iii) move a file to a location on your computer that is not marked for back-up, iv) you delete a computer from your Memory Box Products or Services account, v) your computer is unable to access Memory Box, or vi) you terminate or allow your trial or license to terminate, non-renew, or otherwise lapse for any reason, that the files you have marked, deleted, moved or stored on a deleted, inaccessible, or unlicensed computer may not be available to you should you wish to restore them.

You agree that Memory Box and Memory Box Affiliates may retain (but shall have no obligation to retain) your Backup Data for a period after your trial or license has been terminated, expired, or otherwise lapsed, as part of Memory Box's marketing to you of the opportunity to purchase, renew, or extend a license. You also agree that Memory Box may retain your Personal Information and related account information for a reasonable time after your license has been terminated.

10. Customer Support

Memory Box may, in its sole discretion, provide customer support or service to you. This service may be available only on selected days and during a limited number of hours. Service may also be available through only certain delivery vehicles such as email or telephone and some services may only be available for the payment of an additional fee or charge. As part of the delivery of services, Memory Box may employ a variety of tools to aid in the process of resolving your issues as a user. You grant Memory Box the right to use these tools and hold Memory Box harmless for the use of these tools as well as the guidance provided by its customer support staff who, you acknowledge, cannot be fully aware of all of the complexities associated with the Memory Box Products or Services, your computer, or all of the related or associated infrastructure that may affect the performance of your systems or the encryption and backup of your files. You agree and understand that certain programs, files, information or data you restore may require that you have access to or retain license keys that Memory Box may not have backed up and that you will retain any needed copies of such information. You agree and understand that certain programs, applications or utilities will require configuration in order to access data restored from your Memory Box Products or Services and that Memory Box has no obligation to assist, and may not be able to assist, you with such configurations.

11. Restrictions on Access to Memory Box Products or Services

You may access Memory Box Products or Services only through the interfaces and protocols provided or authorised by Memory Box. You agree that you will not access Memory Box Products through unauthorised means, such as unlicensed software clients. Certain Memory Box Products or Services backup only certain types of files. You agree not to circumvent these limitations in any way, including but not limited to, changing file extensions or header information.

12. Communications

You are responsible for obtaining and maintaining all of the hardware, software, and services that you may need to access and Use Memory Box Products or Services. Without limiting the foregoing, you must pay all charges, taxes, and other costs and fees related to obtaining your own Internet access, telephone, computer, and other equipment, and any communications or other charges incurred by you to access Memory Box Products or Services.

13. Termination and Fair Use Policy

Memory Box shall have the absolute and unilateral right in its sole discretion to deny use of and access to all or any portion of Memory Box Products or Services to users who are deemed by Memory Box to be using the Memory Box Products or Services in a manner not reasonably intended by Memory Box or in violation of law, including but not limited to suspending or terminating a user's account with Memory Box and the license to use the Memory Box Products or Services.

14. Data Collection, Encryption, Privacy, and Disclosure

Memory Box will collect and use Personal Information in accord with the terms of our Memory Box Privacy Policy, which is incorporated into and made a part of these Terms and Conditions of Use. You hereby consent to Memory Box's use of your Personal Information under the terms of the Memory Box Privacy Policy, as it may be amended from time to time.

All data transmitted using Memory Box Products or Services and your financial details when purchasing from Memory Box are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. or via this form.

15. Warranties

(a) WARRANTY. Memory Box warrants that the Memory Box Products or Services will for a period of thirty (30) days from the date of registration and payment perform substantially as specified in the applicable Memory Box documentation. If you satisfactorily demonstrate to Memory Box within such thirty (30) day period that a Memory Box Product or Service contains errors, then as Memory Box's sole and exclusive liability and as your sole and exclusive remedy, Memory Box shall at its sole option either use commercially reasonable efforts to correct the errors reported by you, replace the Memory Box Product or Services affected with a substantially conforming product or service, or refund the fee you paid for the Memory Box Product or Service and terminate your license under the Terms and Conditions of Use.

(b) DISCLAIMER OF OTHER WARRANTIES. The limited warranty in the preceding paragraph is in lieu of all other warranties, express or implied, written or oral, except for any warranty of merchantability or fitness for purpose, or warranty arising by statute or otherwise by law

16. Limitation of Liability

With respect to defects or deficiencies in the Memory Box Products or Services, the liability of Memory Box and Memory Box Affiliates will be limited to performance of its responsibilities under Section 15 (Warranties) above. With respect to other breaches of contract, the liability of Memory Box and Memory Box Affiliates shall be limited to your actual damages, and in no event will such liability exceed the total amount received by Memory Box from you under these Terms and Conditions of Use for your current license period, and only such amounts as relate to the computer affected by the breach. In no event will Memory Box, the Memory Box contractors, Memory Box distributors or Memory Box suppliers be liable to you or to any third party for any lost profits, lost data, interruption of business, or other special, indirect, incidental, or consequential damages of any kind arising out of the use or inability to use the Memory box Products or Services or to use or retrieve any backup data.

Neither Memory Box nor any Memory Box Affiliate assumes any liability to any party other than you arising out of your Use or inability to Use the Memory Box Products or Services. The limitations of damages set forth above are fundamental elements of the bargain between Memory Box and you. Memory Box would not be able to provide the Memory Box Products or Services to you without such limitations.

17. Indemnification

You agree to defend, indemnify and hold harmless Memory Box, Memory Box affiliates, and their respective directors, officers, employees and agents from and against all claims, damages, losses, liabilities, and expenses, including without limitation attorneys' fees, arising out of your use of the Memory Box products or Services and/or your violation of any term of these terms and conditions of use.

Memory Box reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide a defense for Memory Box in that matter. If Memory Box chooses to provide its own defense in connection with any matter subject to indemnification under these Terms and Conditions of Use, you shall participate and cooperate in the defense of Memory Box and Memory Box Affiliates, at your own expense, to the full extent requested by Memory Box.

18. Trademarks, Service Marks, and Other Intellectual Property

All trademarks, service marks or other similar items appearing on the Memory Box Products or Service are the property of their respective owners, including, without limitation, Memory Box.

The Memory Box Products or Services are protected by copyright and other intellectual property laws, title, ownership rights, and intellectual property rights in the Memory Box Products or Services shall remain with Memory Box and its licensors. You agree not to take any action to jeopardize, limit, or interfere in any manner with Memory Box's or its licensor's ownership of or rights with respect to the Memory Box Products or Services.

This software includes components from third-parties, the license of which may grant you further rights over those components only. Components from the following third-parties is included with the software:

Eclipse Foundation - http://www.eclipse.org/

The Legion Of The Bouncy Castle - http://www.bouncycastle.org/

Apache Harmony - http://harmony.apache.org/

19.Governing Law

All provisions of this Agreement shall be governed by and construed and interpreted in accordance with the laws of the Commonwealth of Australia, without regard to conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply

20. Termination, Expiration, Cancellation

(a) Trial and Evaluation Licenses. If this Agreement pertains to a trial, beta, or evaluation license (such as a license that provides a limited amount or an unlimited amount of back-up for free, for which you have not paid a fee and/or for which you do not pay a fee and associated taxes on or prior to expiration), the license granted under these Terms and Conditions of Use will terminate upon the expiration or cancellation of the trial or evaluation period, when the Memory Box Product or Service you are using is no longer made available or when Memory Box cancels or terminates the license, whichever is shorter. You agree to Use the Memory Box Products or Services for no longer than the trial or evaluation period unless you enter into another license and pay a license fee and associated taxes as applicable, or Memory Box allows your license to roll over for another period which Memory Box may elect to do at its sole discretion and without notice to you.

(b) All Other Licenses; Limited Term. Your license will end upon the expiration of its stated term, upon your non-renewal of the licenses, upon your cancellation of the license, when Memory Box elects to discontinue the product, upon your breach of these Terms and Conditions of Use (if such breach is not cured within the time indicated below in this Section 20 (Termination, Expiration, Cancellation), or when Memory Box cancels or terminates your license, whichever occurs first (any such expiration, cancellation, discontinuation, or termination are referred to hereafter as "termination.")

(c) Termination for Unlawful or Abusive Use, Other Breach. Memory Box may block your access to your Backup Data and/or terminate your Use of the Memory Box Products or Services if Memory Box reasonably believes that the Backup Data may contain child pornography or are being used to support other types of illegal activities, if providing Memory Box Products or Services to a person located in a particular country would violate any applicable law, or if your continued Use of Memory Box Products or Services may damage, disable, overburden, or impair our servers or networks.

If you breach these Terms and Conditions of Use, your right to Use the Memory Box Products or Services shall automatically terminate if you fail to cure the breach after seven (7) days after notice from Memory Box or any of the Memory Box Affiliates, unless your breach is due to violations of Section 7 (No Transfers or Modifications by You), Section 17 (Indemnification), Section 18 (Trademarks), in which case termination will be without notice and without any right to remedy the breach.

Upon termination: i) you shall immediately cease any and all Use of the Memory Box Products or Services and delete all copies of them; ii) the Memory Box Software may be disabled by Memory Box without notice to you; and iii) you will no longer have the right to access or retrieve your Backup Data; you hereby grant Memory Box at its sole discretion the unrestricted right to delete or retain all such Personal Information and Backup Data at any time after termination, without notice.

21. Survival

In the event of any termination, expiration, or cancellation, the restrictions on your Use of the Software and the other applicable restrictions as set forth in Section 5 (Memory Box License), Section 7 (No Transfers or Modifications by You), Section 15 (Warranties), Section 16 (Limitation of Liability), Section 17 (Indemnification),Section 18 (Trademarks, Service Marks, and Other Intellectual Property), Section 19 (Governing Law), Section 21 (Survival), Section 22 (Notice), Section 25 (Limitation on Actions), Section 26 (Miscellaneous) and Section 27 (Severability) shall survive such termination, expiration, or cancellation, and you agree to remain bound by those terms.

22. Notice

Any notice that may or must be given by Memory Box in connection with this Agreement or in connection with the Use of the Memory Box Products or Services, may be given by sending it to the email address provided by you upon registering for the Memory Box Products or Services or as you may provide from time to time thereafter by modifying your user profile at http://www.memoryboxbackup.com/. You are responsible for ensuring that your accurate email address is available to Memory Box and provide any needed updates. Memory Box may, in its sole discretion, use other means of providing notice, such as: desktop notification; regular, certified, or registered mail; fax; commercial delivery service; or messenger. All such notices shall be deemed given when dispatched with payment of delivery charges made or arranged. You hereby consent to receiving notice by any such means. Notwithstanding the foregoing, Memory Box has no obligation to provide notice or attempt to locate a customer other than through the email address provided.

23. English Language

These Terms and Conditions of Use were negotiated and written in English. Any inconsistency between the Terms and Conditions of Use as expressed in English and any other language shall, to the full extent permitted by applicable law, be resolved by reference to the English version.

24. Entire Agreement; Applicability of Terms; Construction; Limit to Modifications; Conflicts in Terms

These Terms and Conditions of Use (including the items incorporated by reference and modifications that may be made from time to time), constitute the entire agreement between Memory Box and you regarding Memory Box Products or Services, and supersedes all prior agreements between you and Memory Box regarding the subject matters hereof.

Any item or service furnished by Memory Box in furtherance of these Terms and Conditions of Use, although not specifically identified in them, shall nevertheless be covered by these Terms and Conditions of Use unless specifically covered by some other agreement entered into in written or electronic form between you and us.

Any modification or change in these Terms and Conditions of Use proposed or offered by you shall not become a part of these Terms and Conditions of Use unless accepted in a writing dated after the effective date of the applicable Terms and Conditions of Use and signed by an authorised officer of Memory Box.

Should there be any conflict in terms between this Agreement and any other document, the terms and conditions set forth in this Agreement shall govern.

Any references that are singular or plural and any references that are masculine, feminine, or neuter in gender, are meant to be used interchangeably as the context of the sentence might imply.

25. Limitation on Actions

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law must be commenced within one year after the cause of action accrues.

26. Miscellaneous

You agree to reimburse Memory Box for any costs or fees related to its enforcement of this Agreement, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by Memory Box.

Memory Box is not responsible for misprints, errors or omissions in its advertising and promotional materials.

If you have designated a person (whether by email, orally, by registering such person with Memory Box, by granting such person access to your username and password or by having your computer registered for Memory Box Products or Services where another party is paying for the backup of your files) to have access to your Backup Data, you hereby authorise Memory Box to give such designated person access to your Backup Data, including without limitation in the event of your death or incapacity.

27. Severability

This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and ii) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect.

28. Billing Issues

You must notify us about any billing problems or discrepancies within sixty (60) days after they first appear on the statement you receive from your bank or credit card company or other billing company. Send such notification to us at the Memory Box Contact Information indicated in Section 30 (Memory Box Contact Information) below. If you do not bring such problems or discrepancies to our attention within that sixty (60) day period, you agree that you waive the right to dispute such problems or discrepancies.

29. Managing Your Memory Box Product or Service

You acknowledge and agree that where Memory Box licenses an entity or organisation, or where an entity or organisation makes the Memory Box Products or Services available to you, the entity or organisation so licensed or giving you access may grant multiple individuals rights related to the management and Use of the Memory Box Products or Services and the Backup Data, without any notice to you. These rights may enable one or more persons to: view, access or change Backup Data or Personal Information; determine who can access the account, Backup Data, and Personal Information; determine who is responsible financially for the account; and other similar actions.

30. Memory Box Contact information

If you have any questions or comments, please contact us.