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Legal

Terms of Use

These Terms were last updated on 23 September 2022.

These Terms apply to your use of myTrove. Please read them carefully — by accessing and/or registering with myTrove you accept and agree to be bound by them. If you do not accept these Terms, you must not use myTrove.

1. These are our Terms of Use

myTrove is a service that allows you to:

(a)as a Notifier, streamline notifications to government agencies and other parties that someone has died. Once you submit the notification to myTrove, myTrove notifies the relevant government agencies and parties for you and the deceased; and

(b)as a Planner, plan for the orderly disposition of your affairs following your death, including by providing an online repository to store your expression of wishes and organ donation information, and important documents and information (such as your Will and real world and online account information), with the ability to allow designated individuals (Invited Persons) to have access to those items.

You may be a Notifier, a Planner or an Invited Person.

These Terms apply to your use of myTrove. By accessing and/or registering with myTrove: (a) you accept and agree to be bound by these Terms; and (b) where your access and use is on behalf of another person (e.g. a Planner), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing on that person’s behalf, that person is bound by these Terms.

If you do not accept these Terms, you must not use myTrove.

myTrove collects information provided by you, as well as information about you or others from Invited Users, such as your lawyer, accountant, executor or administrator. Our Privacy Policy applies to the handling, storage, and use of any personal information you or Invited Users submit to us and forms part of these Terms. You should read our Privacy Policy carefully.

2. We can amend these Terms

We can amend these Terms at any time. Amendments will be effective immediately once posted on myTrove. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use myTrove, you agree to be bound by the Terms as amended (whether or not you have received any amendments). You can always find the current version of the Terms here.

These Terms were last updated on 23 September 2022.

3. What words mean in these Terms

Dataany document, data, content, and information about a person inputted into myTrove by a Notifier or a Planner or an Invited User.

Invited Userany person, invited by the Planner, that uses myTrove to view or edit the Planner’s Data from time to time — for example a lawyer, an accountant, an executor or an administrator.

a personincludes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.

myTrovemeans www.mytrove.co.nz.

Notifiera person who uses myTrove to facilitate notifications to government agencies that someone has died.

Personal Informationinformation about an identifiable, living person.

Plannera person who registers with and uses myTrove to plan her or his affairs.

Termsthese terms and conditions titled Terms of Use.

Underlying Systemany network, system, software, data or material that underlies or is connected to myTrove.

we, us, ourthe company described in clause 18 and includes, where appropriate in the context, all current and future related companies.

youany person who accesses myTrove (including any person on whose behalf that person accesses myTrove) and, where the context permits, a Notifier, a Planner and/or an Invited User.

“including” and similar words do not imply any limit.

4. How you should use myTrove

You agree to use myTrove only in a way that complies with these Terms, all applicable laws and regulations, that does not infringe our rights or other users’ rights, and that does not inhibit or restrict other users’ enjoyment of myTrove.

Without limiting the above, in particular you agree not to:

(a)use myTrove to upload, view, access or retrieve any Personal Information except where (and only to the extent that) you have the permission of that person to do so;

(b)submit false or misleading information to myTrove;

(c)impersonate another person or misrepresent authorisation to act on behalf of others or on our behalf;

(d)use, or misuse, myTrove in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use myTrove;

(e)damage or harm myTrove or its Underlying Systems;

(f)use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access myTrove; introduce any viruses, content or code that is technologically harmful; or do anything that could disable, overburden, or impair the proper working of myTrove, such as a denial of service attack;

(g)use myTrove in a manner, nor transmit, input or store any Data, that breaches any third party right (including intellectual property and privacy rights), or is incorrect, misleading, malicious, discriminatory, defamatory, obscene, harassing, threatening, or unlawful in any way; or

(h)facilitate or encourage any violations of these Terms, or attempt to do any of the above.

If you are a Notifier, you expressly authorise myTrove to notify government agencies and other persons of the relevant death you are notifying, using the information you have supplied including information about the deceased and her or his personal representatives. You acknowledge that we will rely on the information you provide, and you agree that your personal details will be passed on as the point of contact for any follow-up that may be needed.

We are not obliged to monitor your use of myTrove. However, we may remove, modify or decline to store Data, if we, in our sole discretion, consider them to be inappropriate or consider that they otherwise breach these Terms.

You are responsible for all activity resulting from your use of myTrove. You indemnify myTrove, its related companies, officers, agents, representatives, members, principals, employees and partners against all forms of liability, action, proceeding, demand, cost, charge and expense which we may incur as a result of your use of myTrove or your breach of these Terms.

Without limiting any other rights and remedies available to us, if we believe you have breached these Terms, we may: (a) limit your activities on myTrove; (b) issue a warning to you; (c) suspend or cancel your access to myTrove; and/or (d) co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or to locate, anyone posting any content in breach of these Terms.

5. Use of the Service

On using myTrove, an account will be created for you and, following submission of a Notification, you will be emailed a link to access your account and update the information provided if necessary.

6. Your Data and access to your Data

You warrant that any Data you provide will be accurate and current, and you agree to maintain and promptly update your Data to ensure it is kept current at all times.

You may grant Invited Users access to your Data. You are responsible for any access you grant, and must revoke access if you no longer wish the Invited User to have access (for example, where you end a relationship with an Invited User). We take no responsibility for the level of access you grant to an Invited User, or for the revocation of Invited Users’ access.

We will take reasonable precautions to keep your Data secure and protect it from unauthorised access; however you agree that we are entitled to rely on any session-specific codes generated by your session to process actions or requests you submit to myTrove and that we may do so without further enquiry.

You agree to keep any session-specific codes to yourself and not to share them with anyone else. We will not be liable for any loss or damage if you fail to comply with this security obligation.

You acknowledge that the internet is inherently insecure. You accept the risk that any information stored or transmitted on the internet or through email may be intercepted or subject to unauthorised access or fraudulent behaviour. If you think someone is accessing your Data without your consent, or if you would like to report disclosure of your Data, please contact us.

7. We can both cancel your access to the service

We reserve the right to suspend, modify or cancel your access and use of myTrove if we consider (in our absolute discretion) that you have breached any of these Terms. If we suspend or cancel your access, you must not create another one without our prior approval.

We may delete from our systems all of your Data any time after the expiry of 2 months from the cancellation of your access to the service. If we do this, your Data cannot be recovered. We are not liable for any loss or damage following the cancellation of your access, and it is your responsibility to keep copies of any information that you may wish to retain.

You agree that you cannot transfer, sell, lease, assign, lend or trade your access without our prior written consent.

8. You own and are responsible for your Data

Title to, and all intellectual property rights in, the Data (as between you and us) remains your property.

You grant us a worldwide, non-exclusive, fully paid up, transferable, perpetual, irrevocable licence to store, copy, or otherwise use the Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.

You are responsible for procuring all licences, authorisations and consents required for you and your Invited Users to use myTrove, including to use, store and input Data into myTrove.

If you are an Invited User: (a) you acknowledge and agree that to the extent Data contains Personal Information, in collecting, holding and processing that information through myTrove, we are acting as your agent for the purposes of applicable privacy law; and (b) you must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process that information in accordance with these Terms.

We do not maintain versions of Data stored using myTrove. You agree to keep your own copy of all Data uploaded by you onto myTrove.

You agree that we may store Data (including any Personal Information) in secure servers in New Zealand and overseas and may access that Data in New Zealand and overseas from time to time.

You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data breaches any third party right or is incorrect, misleading, malicious, discriminatory, defamatory, obscene, harassing, threatening, or unlawful in any way.

9. We own myTrove and its content

We (and our licensors or suppliers, as the case may be) own all intellectual property rights existing in myTrove and its Underlying Systems, including all of the content of myTrove (such as text, information, graphics, logos, icons and sound recordings), all software code forming part of myTrove and its Underlying Systems and any improvements, enhancements, modifications or adaptations — but excluding the Data.

Unless you have received our prior written permission, you agree not to, and will not permit or encourage any third party to: (a) adapt, reproduce, modify, reverse-engineer, decompile, distribute, print, display, perform, publish or create adaptations from any part of myTrove or its Underlying Systems; or (b) commercialise, copy or on-sell any information or materials obtained from any part of myTrove.

We grant you a non-exclusive, revocable, worldwide licence to use myTrove for its intended purposes, subject to these Terms.

In accessing, collecting, holding, processing or distributing any Personal Information, we will comply with our Privacy Policy and applicable privacy laws.

10. Suspected intellectual property infringement

We take intellectual property rights very seriously.

We will investigate all notices of infringement. If you believe that your work has been used, accessed or copied in a way that constitutes infringement and such infringement is occurring on or through myTrove, please contact us.

11. We welcome your feedback

We welcome your feedback and ideas on how to improve myTrove. If you choose to submit your ideas, you agree that we are free to use them and that you will not have rights to any intellectual property that may be generated as a result.

12. myTrove links to other services, websites and apps

myTrove may enable you to access other applications and websites that are not owned and controlled by us. Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply that we endorse or verify such websites. We are not responsible or liable for any loss or damage incurred by you as a result of your access to those applications and websites.

Your use of and access to third party applications and websites will be governed by their terms and conditions and privacy policies. When accessing a third party website or application, we recommend that you read their terms and conditions and privacy policy.

13. Public Trust

Personal Information Management Ltd, trading as ‘myTrove’, acknowledges the following terms and conditions for the use of Public Trust content (“the PT Content”):

(a)Public Trust gives myTrove the permission to use the PT Content, unaltered, on myTrove’s website for promotional purposes only;

(b)All copyright and other intellectual property rights in the PT Content, including any of Public Trust’s logos and trademarks, are the sole property of Public Trust;

(c)Public Trust reserves the right to request removal of the PT Content in use by myTrove. Upon such request, whether verbal or in writing, myTrove must remove the PT Content immediately and no later than 5 working days from the date it receives the request from Public Trust.

14. myTrove might not always be perfect

myTrove is provided on an “as is” and “as available” basis and use of it is at your sole risk. We will try to promptly address (during our normal business hours) all technical issues that arise in connection with myTrove; however there may be times when myTrove is inaccessible.

From time to time, we may issue an update to myTrove which may add, modify and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically with little or no notice.

To the maximum extent permitted by law, we disclaim and exclude all conditions, guarantees or warranties whether expressed or implied by statute or otherwise, other than those set out in these Terms; and to the extent that a condition, guarantee or warranty cannot be excluded, our liability for any breach is limited to NZD$100. We make no representation concerning the quality of myTrove and do not promise that it will meet your specific requirements; be available, uninterrupted, timely, secure, free of viruses or error free; that results obtained will be accurate or reliable; that the quality of any products or services obtained through myTrove will meet your expectations; that any errors will be corrected; or that myTrove will continue to connect with any particular third party platform.

Consumer Guarantees Act

(a)If you provide services in trade to a Planner (such as legal advice), you agree and represent that you are acquiring the myTrove service, and accepting these Terms, in trade and that the Consumer Guarantees Act 1993 (CGA) and any other applicable consumer protection legislation does not apply. You and we agree that it is fair and reasonable that the CGA does not apply.

(b)If you are acquiring the myTrove service for your own personal or domestic use, then nothing in these Terms affects your rights under the CGA or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD$100.

We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use of, or the inability to use, myTrove.

We may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology. The acts and omissions of those suppliers may be outside of our control, and we do not accept any liability for any loss or damage suffered as a result.

To the maximum extent permitted by law, you agree that myTrove’s maximum aggregate liability under or in connection with these Terms (including for negligence) will not exceed NZD$100 in any circumstances. This does not limit our liability for personal injury or death, or for fraud or wilful misconduct.

15. This is a legal agreement

These Terms and our Privacy Policy constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us and you, in relation to these Terms or use of myTrove.

If any provision of these Terms is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that provision is limited or eliminated to the minimum extent so that these Terms otherwise remain in full effect.

If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights. For us to waive a right under these Terms, the waiver must be in writing.

These Terms, and any dispute relating to these Terms or myTrove, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or myTrove.

The headings used throughout these Terms are provided for your convenience and do not affect the meaning of these Terms.

16. Contact us

If you have any questions about these Terms, the practices of myTrove, or if you would like to give us feedback or notice, you can contact us.

Have a question about this policy? Contact the myTrove team