Terms of Service

1 Acceptance of Terms

By accessing or using the TributePoint website (tributepoint.co.za) and any related services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you (“User”, “you”) and TributePoint (“we”, “us”, “our”), a platform operated in the Republic of South Africa.

2 Description of Service

TributePoint is a digital obituary and online memorial platform that allows users to:

• Create and manage digital tribute pages for deceased loved ones
• Upload photos and write obituaries
• Share funeral details including dates, times, and map locations
• Share tribute pages via unique links (including clean URLs)
• Choose from memorial-inspired themes
• Add donation or crowdfunding links

We also offer professional features for funeral homes and memorial services, including company dashboards, team management, and branding tools.

3 Account Registration

To create tributes and access certain features, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorised use of your account

You must be at least 18 years of age to create an account. We reserve the right to refuse registration or suspend accounts at our discretion.

Accounts require email verification. Unverified accounts may have limited functionality.

4 User Content & Responsibilities

“User Content” refers to all information, text, photographs, and other materials that you upload, submit, or display through the Service, including tribute pages, obituaries, and photos.

Ownership

You retain ownership of your User Content. By submitting content to TributePoint, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, display, and distribute your content solely for the purpose of operating and providing the Service.

Your Responsibilities

You are solely responsible for your User Content. You represent and warrant that:

• You have the right to share the content (including photos of the deceased)
• The content does not infringe any third party’s intellectual property or privacy rights
• The content is truthful and not misleading
• The content does not contain malicious code, spam, or harmful material

5 Prohibited Conduct

You agree not to:

• Create tribute pages for living persons without their consent
• Upload fraudulent, defamatory, obscene, or offensive content
• Impersonate any person or misrepresent your affiliation
• Use the Service for commercial spam, advertising, or solicitation
• Attempt to gain unauthorised access to any part of the Service
• Use automated tools (bots, scrapers) to access or collect data from the Service
• Interfere with, disrupt, or impose an unreasonable burden on the Service
• Violate any applicable law or regulation of the Republic of South Africa

Violation of these rules may result in immediate termination of your account without notice.

6 Intellectual Property

The TributePoint name, logo, website design, themes, and all associated branding are the intellectual property of TributePoint and are protected by applicable South African and international intellectual property laws.

You may not copy, modify, distribute, or reproduce any part of the TributePoint platform, design, or code without our prior written consent.

Tribute themes, page layouts, and platform features are proprietary. Using the Service does not grant you any ownership rights in the platform itself.

7 Company & Professional Accounts

Funeral homes, memorial services, and other organisations may register for professional/company accounts. Additional terms apply:

• Authorised Use: The person registering must have the authority to act on behalf of the organisation.
• Team Members: Company owners may invite team members. You are responsible for the actions of all users within your company account.
• Client Tributes: Tributes created under a company account on behalf of families remain accessible to those families. Company branding may be applied to tributes.
• Edit Passwords: Company accounts may set edit-by-password access for client tributes. You are responsible for managing and communicating these passwords securely.

8 Free & Paid Plans

Free Plan (Family)

TributePoint offers a free tier for individual users. Free accounts can create tribute pages, upload photos, and share memorial links at no cost. The free plan is not time-limited.

Paid Plans (Company Pro & Enterprise)

Professional plans may involve monthly or annual subscription fees. By subscribing to a paid plan, you agree to pay the applicable fees. Subscriptions renew automatically unless cancelled.

• Prices are quoted in South African Rand (ZAR)
• We reserve the right to change pricing with 30 days’ notice
• Refunds are handled on a case-by-case basis

9 Advertising & Third-Party Services

Display Advertising

TributePoint may display advertisements on certain public pages (such as public tribute pages) through Google AdSense and similar third-party advertising networks. By using the Service, you acknowledge that:

• Advertisements may appear on free-tier tribute pages and other public sections of the site
• Google and its advertising partners may use cookies and similar technologies to serve relevant ads
• We do not endorse or take responsibility for the content of third-party advertisements
• Clicking on advertisements may take you to third-party websites not operated by TributePoint

Ad-Free Experience

Advertisements are not shown on:

• Tribute pages created under a paid professional (company) account
• Pages accessed by users with an active premium (ad-free) subscription
• Private draft tributes

Third-Party Service Providers

We may use third-party service providers (including email delivery, payment processors, and hosting providers) to operate the Service. These providers may process your data on our behalf under confidentiality agreements. Their use of data is governed by their respective privacy policies. Please refer to our Privacy Policy for further details on data sharing.

10 Tribute Visibility & Sharing

Tributes can be set as public or private (draft).

• Public tributes are accessible to anyone with the link. They may appear in search engines and in the TributePoint browse page.
• Draft/private tributes are only visible to the account holder and authorised users.

By setting a tribute to public, you acknowledge that the information (including names, dates, photos, and obituary text) will be publicly accessible on the internet.

TributePoint provides clean shareable URLs (e.g., tributepoint.co.za/tribute/name-slug) for convenient sharing via WhatsApp, SMS, email, and social media.

11 Limitation of Liability

To the maximum extent permitted by South African law:

• The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied.
• We do not warrant that the Service will be uninterrupted, error-free, or secure.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.
• Our total liability to you for any claims arising from the Service shall not exceed the amount you have paid us in the 12 months preceding the claim (or R0 for free accounts).

We take reasonable measures to protect your data, but we are not liable for data loss caused by factors beyond our reasonable control.

12 Termination

You may close your account at any time by contacting us at info@tributepoint.co.za. Upon account closure:

• Your tribute pages may be removed or archived at our discretion
• Any company data and team associations will be deactivated
• You will lose access to all account features

We reserve the right to suspend or terminate your account at any time if you violate these Terms, without prior notice. We may also discontinue the Service or any part of it at any time.

13 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of South Africa.

Where applicable, the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communications and Transactions Act 25 of 2002 (ECTA), and the Protection of Personal Information Act 4 of 2013 (POPIA) apply to these Terms.

14 Changes to Terms

We may update these Terms from time to time. When we make changes, we will update the “Last Updated” date at the top of this page. Continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

For material changes, we may notify you via email or a prominent notice on the website.

15 Contact Us

If you have any questions about these Terms of Service, please contact us:

• Business Owner: Samuel Mkhawane
• Address: 3335 Ext 1, Kanana, Hammanskraal, 0407
• Email: info@tributepoint.co.za
• Phone: 068 752 2262
• Website: tributepoint.co.za