Terms and Conditions
Torchshare has been created to provide a social media platform to users to record & celebrate the life of their loved ones as well as to help realise their unrealised dreams for community welfare. To this end, it is a requirement for Torchshare use that the content created or posted by a user is only out of love for their Loved one who has passed away and not out of hate, malice or any other such reason for a person, group, organisation etc.
A “User” is any person who has signed up on Torchshare. A user can post content only after email validation which will be done by sending a verification code to the user’s registered email
2. Contract of using Torchshare
When you use Torchshare, you agree to the document “Terms & Conditions” in its entirety. You agree that by clicking “Register”, “sign up” or any other such term in future, you are entering into a legally binding contract with “Torchshare” (even if your use is on behalf of a group or organisation). If you do not agree to this contract (Terms & Conditions”), please do not sign up for Torchshare. You can also terminate this contract anytime after use by closing your account from “Settings”. However, you will still be responsible for content posted on your account during your use of Torchshare.
During your use of Torchshare, you must follow all requirements of Australian Law for social media use. Additionally, your use will also be conditional to the requirement that you obey applicable local laws for social media use in your own geographical area of residence i.e. region, state, Country
All Life Stories, Tributes and Feeds posted by you will be visible to others. If you choose to post your own Life Story, it will be visible to your all your Friends. If you create a “Torch”,
which is a project or cause you wish to start for your loved one or for a community benefit, you can choose to keep it private, in which case the “Torch” will only be visible to users you allow to come into that torch group. There are no other privacy settings. Your Login details, emails, passwords are not visible to others
3. User Obligations
• The minimum age to use Torchshare is 16 years. When you register for Torchshare, you agree that you are over the minimum age
• You are not eligible if you have previously been disqualified by Torchshare or if you have been associated with a terrorist organisation in any way, shape or form or if you do not meet local law requirements for use of Social media where you live
3.2) Your account
• Torchshare reserve the final right to allow or not allow any person to open an account on Torchshare
• You will create only one account on Torchshare, this account will be in the name that you use in everyday life and you will provide accurate information about yourself
• You will create a strong Password and not share it or your account details with anyone else.
• You alone will be responsible for an activity that happens through your account
• In case your chosen username is not available or due to other reasons, we may ask you to change your user name or we may change your user name and inform you
3.3) What you can do on Torchshare
• You can create your Loved ones’ Life story and pay tributes to all Life Stories, but only out of love or respect for them
• You can join others in helping them realise their loved ones’s benevolent dreams for betterment of community or build a community of interest to realise the unrealised benevolent, humanitarian dreams of your own loved ones.
• You can also help welfare organisations achieve objectives e.g Blood donation, Animal welfare, helping sick & disabled, Carers etc.
3.4) What you cannot do on Torchshare
• You cannot post threatening, abusive, defamatory, obscene, indecent or derogatory content or use Torchshare with any hateful, malicious or revengeful intent against any person, group or organisation
• You cannot post or share content that breaches someone else’s rights or for canvassing any particular ideas or points of view
• You cannot use Torchshare for any commercial purposes including, but not limited to, advertising, selling, soliciting, buying any products or services or for any material gain
• You cannot upload or post anything that contains malicious viruses or software or anything else that could impair the working, appearance of Torchshare website or associated apps
• Influence, Interfere or compromise the appearance, operation, working and services of Torchshare manually, by using bots or any other automated methods
• Violate the Intellectual property of other users
• Violate the Intellectual Property of Torchshare or try to monetize the Torchahare brand
3.5) Sharing of Information
When you post or share information on Torchshare, others can see, copy and use that information. Torchshare may also use this information data for analysis, review, improvement of its services or pass that information to other parties
4. Additional Provisions
4.1) Notices, messages & notifications
• You agree to let us provide you notices, messages or notifications through our website or Apps and through other contact information you may have provided us.
• We may also show you notices, messages, ads and notifications for products or services that we endorse, whether from Torchshare or others.
4.2) Updating our “Terms & Conditions”
• We may update our Terms & Conditions from time to time to improve or protect Torchshare, to protect you or to protect other users. The latest version of terms & Conditions, including changes, will be on our website for your review. Please review those changes before agreeing to the updated Terms & Conditions. We hope that you will continue to use Torchshare. However, if you do not agree to the changes and no longer wish to be a Torchshare user, you can close your account anytime by going into “Settings” and closing it.
4.3) Service availability
• Torchshare may change, suspend or discontinue any or all of its services due to operational or other reasons. We do not promise to store or make available any content or information that you may have posted during your use of Torchshare, now or at any time in future
4.4) Others’ content, authenticity, users’ relationships
4.4.1) During your use of Torchshare, you may also see content posted by other Torchshare users. We rely on all Torchshare users to adhere to the Terms & coniditions of using Torchshare. However, some users may post content, in breach of this agreement, that may be inaccurate, incomplete, misleading, offensive to you, not as per your values or opinions, inappropriate to you in any other way or depicts you or your loved one in a way that is not as per your opinion. Sometimes this may be misuse and at other time just their own idividual opinion. You agree that such behaviour is out of Torchshare control and that you will not hold Torchshare responsible for any outcomes related to postings of other users’ content, when they are posted or at any point in future. You also agree that Torchshare will not be liable to initiate, recommend or undertake any punitive action for you against user whose content you find inappropriate.
4.4.2) If you see inappropriate content, please contact us though our contact tab on Website or reporting buttons for Life Stories and Tributes.
4.4.3) During the course of your use of Torchshare, you may choose to form connections or relationships with other users based on what they post on Torchshare. Your decision to connect with any user is entirely your own decision. You agree that Torchshare will not be responsible for any adverse outcomes arising out of your decision to make those connections or relationships
5. Disclaimer, Governing Law and Dispute Resolution
5.1) Torchshare services are provided “as is” and “as available” basis and we make no guarantees that they are presently or in future be error free, safe or functional, or be without any disruptions or operational issues or quality issues. TO THE EXTENT PERMITTED UNDER LAW, TORCHSHARE (AND THOSE THAT TORCHSHARE DIRECTLY OR INDRECTLY WORKS WITH TO PROVIDE THESE SERVICES), DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON INFRINGEMENT.
5.2) Torchshare retains all rights not expressly granted to you
5.3) In the unlikely and unfortunate event that we end up in a legal suit due to your use of Torchshare, you and Torchshare agree to resolve it in a court of Law in the state of Victoria in Australia
6.1) You can terminate this contract at any time by you by going into “Settings” and closing your account.
6.2) If a you breach any Terms & Conditions, Torchshare can terminate your account
6.3) Torchshare can terminate any account at any stage without assigning any reason. You will be informed upon termination of the account
The following shall survive termination:
• Other users’ right to view, use and share content created by you prior to termination
• Clause 3.4 & 5