Effective Date: October 11, 2025
Last Updated: October 11, 2025

1. Acceptance of Terms

Welcome to Elegant Memorials (“we,” “our,” or “us”). By accessing our website at elegantmemorials.ca, purchasing our products, or using our services, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our website or services. We reserve the right to modify these terms at any time, and your continued use of our services constitutes acceptance of any changes.

2. Services and Products

2.1 Memorial Plaques
We provide handcrafted memorial plaques made from Canadian steel or premium acrylic, each featuring a unique QR code that links to an online memorial page. Our plaques are designed for indoor or outdoor display and are built to last for generations.

2.2 Online Memorial Pages
Each memorial plaque includes access to a secure online memorial page where you can upload photos, videos, stories, and tributes. These pages are hosted on our servers and remain active as long as your subscription is current.

2.3 QR Code Functionality
The QR code engraved on your plaque is permanent and unique to your memorial. When scanned with a smartphone, it directs visitors to your online memorial page. The QR code itself does not expire, but access to the memorial page requires an active subscription.

3. Subscription Terms

3.1 Subscription Plans
We offer four subscription plans: Monthly ($24.99/month), Quarterly ($69.99 per 3 months), Semi-Annual ($129.99 per 6 months), and Annual ($229.99 per year). All prices are in Canadian dollars and include applicable taxes. All plans include the same features and access to your online memorial page.

3.2 Twelve-Month Minimum Commitment
ALL subscription plans require a minimum 12-month commitment period. This commitment begins on the date of your initial purchase, regardless of which payment plan you select. You may NOT cancel your subscription during the first 12 months for any reason. After the initial 12-month commitment period ends, you may cancel your subscription at any time with 30 days’ notice prior to your next billing date.

3.3 Automatic Renewal
Your subscription will automatically renew at the end of each billing cycle (monthly, quarterly, semi-annually, or annually) unless you cancel after the 12-month commitment period. You will receive a reminder email 7 days before each renewal date. This is an informational courtesy email only—no action is required from you. Your saved payment method will be automatically charged on your renewal date. By subscribing, you authorize us to charge your payment method automatically for all renewal payments.

3.4 Payment Methods
We securely store your payment method information through our payment processor (PayPal). You are responsible for ensuring your payment method remains valid and has sufficient funds for all renewal charges. You can update your payment method at any time through your account portal.

3.5 Price Changes
We reserve the right to change subscription prices at any time. However, any price changes will only apply to new subscriptions or renewals after your current billing period ends. You will be notified of any price changes at least 30 days in advance.

4. Payment and Billing

4.1 Initial Payment
Your initial payment is processed immediately upon purchase. This payment activates your subscription and grants you immediate access to create and customize your online memorial page. Your physical memorial plaque will be crafted and shipped according to our production schedule.

4.2 Recurring Payments
After your initial payment, recurring payments will be automatically charged to your saved payment method according to your selected billing cycle. Monthly subscriptions are charged every 30 days, quarterly subscriptions every 90 days, semi-annual subscriptions every 180 days, and annual subscriptions every 365 days from your subscription start date.

4.3 Failed Payments
If a payment fails, we will attempt to process it again after 3 days. If the second attempt fails, we will retry once more after another 3 days (total of 3 attempts over 9 days). You will receive email notifications after each failed payment attempt. If all three payment attempts fail, your account enters a 7-day grace period during which your memorial remains active but you must update your payment method. If payment is not received by the end of the grace period, your memorial page will be locked and made inaccessible until payment is received.

4.4 Taxes
All prices include applicable Canadian taxes (GST/HST/PST) as required by law in your province or territory.

5. Cancellation and Refunds

5.1 No Cancellations During Commitment Period
Due to the 12-month minimum commitment, you may NOT cancel your subscription for any reason during the first 12 months. This policy applies to all subscription plans regardless of billing frequency. If you attempt to cancel before your commitment period ends, your cancellation request will be denied, and your subscription will continue as agreed.

5.2 Cancellation After Commitment Period
After your 12-month commitment period ends, you may cancel your subscription at any time by providing 30 days’ notice before your next billing date. To cancel, log into your account portal and follow the cancellation process, or contact our support team at [email protected]. Cancellations must be submitted at least 30 days before your next renewal date. If you cancel with less than 30 days’ notice, you will be charged for one additional billing cycle.

5.3 Effect of Cancellation
Upon cancellation, your subscription will remain active until the end of your current paid billing period. After that date, your online memorial page will be locked and will no longer be accessible via the QR code. Your physical memorial plaque will remain yours to keep, but the QR code will no longer function. No refunds will be issued for any unused portion of your subscription period.

5.4 No Refunds
All payments are final and non-refundable. We do not provide refunds for any reason, including but not limited to: dissatisfaction with services, failure to use the memorial page, early cancellation requests during the commitment period, or pro-rated refunds for unused time. This no-refund policy applies to both initial purchases and all renewal payments.

5.5 Exceptional Circumstances
In rare cases involving technical failures on our part that prevent you from accessing your memorial page for an extended period (more than 7 consecutive days), we may, at our sole discretion, offer a service credit or extension of your subscription period. No cash refunds will be issued even in these circumstances.

6. Shipping and Delivery

6.1 Shipping Costs
Shipping costs vary by subscription plan. Annual subscription customers receive FREE SHIPPING on their memorial plaque. Monthly, quarterly, and semi-annual subscription customers are responsible for shipping costs, which are calculated at checkout based on the delivery address and selected shipping method.

6.2 Production Time
Memorial plaques are handcrafted to order. Production typically takes 5-10 business days from the date of purchase. During peak periods, production time may be extended. You will receive a notification when your plaque ships.

6.3 Shipping Time
Shipping within Canada typically takes 3-7 business days via Canada Post, Purolator, UPS, or DHL depending on your location and selected shipping method. Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, weather, customs, or other factors beyond our control.

6.4 Address Accuracy
You are responsible for providing an accurate shipping address. If a shipment is returned due to an incorrect address you provided, you will be responsible for additional shipping costs to reship the item. We are not responsible for items delivered to an incorrect address provided by you.

6.5 Damaged or Lost Shipments
If your plaque arrives damaged, please contact us within 7 days of delivery with photos of the damage. We will arrange for a replacement at no cost to you. If your shipment is lost by the carrier, please contact us and we will work with the carrier to resolve the issue and send a replacement if necessary.

7. Product Quality and Warranties

7.1 Craftsmanship
All memorial plaques are handcrafted in Canada using premium materials sourced from Canadian suppliers. We take pride in our craftsmanship and stand behind the quality of our products.

7.2 Material Specifications
Steel plaques are made from 18-gauge Canadian steel suitable for indoor or outdoor display. Acrylic plaques are made from premium clear acrylic suitable for indoor display and protected outdoor areas. Both materials are engraved with a permanent QR code that will not fade or wear under normal use conditions.

7.3 Limited Warranty
We warrant that your memorial plaque will be free from defects in materials and workmanship for a period of 90 days from the date of delivery. This warranty covers manufacturing defects but does NOT cover damage from misuse, accidents, improper installation, extreme weather exposure (for acrylic plaques), or normal wear and tear. If a defect is discovered during the warranty period, contact us with photos and we will repair or replace the plaque at our discretion at no cost to you.

7.4 QR Code Functionality
We guarantee that the QR code on your plaque will function properly and link to your memorial page as long as your subscription remains active. If the QR code fails to function due to a defect in engraving or printing, we will replace your plaque at no cost regardless of how long you have owned it.

7.5 Disclaimer of Other Warranties
Except as expressly stated above, we provide our products and services “AS IS” without any other warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. Memorial Content and User Rights

8.1 Your Content Ownership
You retain full ownership of all photos, videos, text, and other content you upload to your memorial page. By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to host, store, display, and transmit your content solely for the purpose of providing our services to you. This license ends when you delete the content or close your account.

8.2 Content Responsibility
You are solely responsible for all content you upload to your memorial page. You represent and warrant that you own or have the necessary rights to all content you upload, and that your content does not violate any third-party rights including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

8.3 Prohibited Content
You may not upload content that is illegal, obscene, defamatory, threatening, harassing, abusive, hateful, or otherwise objectionable. You may not upload content that contains viruses, malware, or other harmful code. You may not upload content that violates any applicable laws or regulations. We reserve the right to remove any content that violates these terms without notice.

8.4 Visitor Tributes
Visitors to your memorial page may submit tributes, comments, and memories. You have full control over these submissions and can choose to approve them manually or automatically. You can edit or delete any tribute at any time. Visitors who submit tributes grant you and us a license to display their submissions on your memorial page.

8.5 Content Backup
While we perform regular backups of our systems, you are responsible for maintaining your own backup copies of any content you upload. We are not responsible for any loss of content due to technical failures, account closure, or any other reason.

8.6 Memorial Page Privacy
You control the privacy settings for your memorial page. You can choose to make your memorial public (accessible to anyone with the link or QR code), password-protected (accessible only to those with a password you set), or hidden (accessible only to you). You can change these settings at any time through your account.

9. Account Security and Responsibilities

9.1 Account Creation
To use our services, you must create an account with a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

9.2 Account Security
You agree to immediately notify us of any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to protect your account credentials. You should use a strong, unique password and not share your account credentials with anyone.

9.3 Account Termination by Us
We reserve the right to suspend or terminate your account and access to our services at any time for any reason, including but not limited to: violation of these terms, fraudulent activity, abusive behavior toward our staff or other users, uploading prohibited content, or non-payment of subscription fees. If we terminate your account for cause, you will not be entitled to any refund.

10. Intellectual Property

10.1 Our Intellectual Property
All content on our website, including but not limited to text, graphics, logos, images, software, and design elements, is owned by Elegant Memorials or our licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from any of our content without our express written permission.

10.2 Trademarks
Elegant Memorials and our logo are trademarks of Elegant Memorials. You may not use our trademarks without our prior written permission. All other trademarks appearing on our website are the property of their respective owners.

10.3 Copyright Infringement
We respect the intellectual property rights of others and expect our users to do the same. If you believe that content on our website or on a user’s memorial page infringes your copyright, please contact us at [email protected] with detailed information about the alleged infringement.

11. Limitation of Liability

11.1 Disclaimer
To the maximum extent permitted by applicable law, Elegant Memorials shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: your use or inability to use our services; any unauthorized access to or use of our servers or any personal information stored therein; any interruption or cessation of transmission to or from our services; any bugs, viruses, or other harmful code that may be transmitted through our services; or any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our services.

11.2 Maximum Liability
In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you paid to us in the twelve (12) months preceding the claim.

11.3 Service Availability
While we strive to maintain continuous availability of our services, we do not guarantee that our website or memorial pages will be available at all times without interruption. We may experience downtime for maintenance, upgrades, or due to factors beyond our control. We are not liable for any damages resulting from service interruptions.

12. Indemnification

You agree to indemnify, defend, and hold harmless Elegant Memorials and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: your violation of these Terms and Conditions; your use of our services; your content uploaded to your memorial page; or your violation of any rights of another party.

13. Governing Law and Disputes

13.1 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

13.2 Jurisdiction
You agree that any legal action or proceeding arising out of or relating to these Terms and Conditions or your use of our services shall be brought exclusively in the courts located in Ontario, Canada, and you consent to the personal jurisdiction of such courts.

13.3 Dispute Resolution
Before filing any legal action, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will work in good faith to resolve any disputes through direct communication.

14. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. We will notify you of any material changes by posting the new Terms and Conditions on our website and updating the “Last Updated” date at the top of this document. For significant changes that affect your rights or obligations, we will also send you an email notification. Your continued use of our services after any changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to the modified terms, you must stop using our services and may cancel your subscription in accordance with our cancellation policy (subject to the 12-month minimum commitment).

15. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid provision that most closely matches the intent of the original provision.

16. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Elegant Memorials regarding your use of our services and supersede any prior agreements or understandings, whether written or oral.

17. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

Elegant Memorials
Email: [email protected]
Phone: 289 298 2989
Address: 863 Gazley circle, Milton ON L9T 6L6

18. Acknowledgment

By using our website, purchasing our products, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. You also acknowledge that you have read and understood our Privacy Policy.

Thank you for choosing Elegant Memorials to honor your loved ones.

These terms and conditions were last updated on October 11, 2025.