Terms and Conditions
- all the content on the Website including but not limited to photographs, images, graphics, text, audio, video, links and the like other than that which falls under the definition of Your Content.
- ‘Funeral Guide’
- Funeral Zone Ltd, a limited company registered under the Companies Act 2006 and registered in England and Wales with company number 08135813 whose registered office is at 5 Providence Court, Pynes Hill, Exeter, Devon, EX2 5JL, United Kingdom and any employee, officer, agent, or person or corporation authorised to act on behalf of Funeral Zone Ltd.
- ‘Funeral Guide services’
- any service provided by Funeral Guide including but not limited to the Website and access to it and services provided through the Website.
- You and anyone You have provided Your user identification code, password or any other piece of information that forms part of Funeral Guide’s security procedures to or any such person acting on Your behalf or with Your authorisation.
- belonging to You.
- ‘Your Content’
- any photographs, images, graphics, text, audio, video or other materials or content that You submit or make available to Funeral Guide for inclusion in the Website and/or Funeral Guide’s services
1. Acceptance of terms
2. Service description
Funeral Guide maintains the Website for Your information, to enable You to communicate with us, and to provide the Funeral Guide services to You.
3. Accessing the Website
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Funeral Guide services including the Website without notice (see below). From time to time, Funeral Guide may restrict access to some parts of or the entire Website, to members of the public and/or users who have registered with us including You.
Funeral Guide does not guarantee that the Website or any content on it will always be available or access will not be interrupted from time to time.
You are responsible for making all arrangements necessary for You to have access to the Website
You are also responsible for ensuring that all persons who access the Website through Your internet connection are aware of these terms, and that they comply with them.
4. Intellectual property
4.1 Content that You submit
With respect of any photographs, images, graphics, text, audio, video or other materials or content that You submit or make available to Funeral Guide for inclusion in Funeral Guide’s services (“Your Content”) You irrevocably grant Funeral Guide a worldwide, royalty-free and non-exclusive licence(s) in perpetuity for Funeral Guide to sublicense, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display Your Content in whole or in part and to incorporate the same into other works or services in any format or media now know or later developed for the purpose of:
- a. the inclusion of Your Content on publicly accessible areas of Funeral Guide’s website and related services;
- b. for the purposes of providing and promoting Funeral Guide’s services.
Although the licences are granted in perpetuity, You or Funeral Guide may remove Your Content or any part thereof from the Website at any time and Funeral Guide may remove same from any other website that Funeral Guide has published Your Content upon or linked to the Website to. However, because of the nature of the World Wide Web, it may not be possible to remove content posted on the Website or any other website from the entire World Wide Web and Funeral Guide shall have no liability for any loss whatsoever howsoever arising for Your Content or any part thereof remaining on the World Wide Web.
4.2 All other content
All the content on the Website apart from the Your Content provided by You or similar having been provided by another user of the website and therefore being the ‘Your Content’ of another , is the property of Funeral Guide including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Funeral Guide’s Content") is the property of Funeral Guide or is licensed to Funeral Guide, and is protected by United Kingdom and international copyright laws and other laws protecting intellectual property. Save as referred to below Funeral Guide’s Content may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without Funeral Guide’s prior written consent.
You may print off one copy, and may download extracts, of any page(s) from the Website for Your personal reference and You may draw the attention of others within Your organisation to material posted on the Website.
You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Funeral Guide’s status (and that of any identified contributors) as the authors of Funeral Guide’s Content must always be acknowledged.
You must not use any part of Funeral Guide’s Content for commercial purposes without obtaining a licence to do so from us.
You warrant that You own all intellectual property rights in Your Content or that You have licensed all such necessary rights for You to provide the licence pursuant to clause 4.1. You shall indemnify and keep Funeral Guide fully indemnified for any breach of any third party’s intellectual property rights in respect of any of Your Content. Without prejudice to the above, where a third party informs Funeral Guide that Your Content breaches its intellectual property rights, Funeral Guide will use its reasonable endeavours to remove the Your Content in breach of the third party’s rights without unreasonable delay and You shall be deemed to have agreed to the removal of same.
You warrant that Your Content or any part of it and/or any contact you have with other users of the Website complies with the content standards set out in our Acceptable Use Policy and is not libellous to any person(s), company or group of companies.
You agree to indemnify and hold Funeral Guide harmless from any claim or demand, including any legal fees, made by any user (registered or otherwise) or third party due to or arising out of Your breach of these Terms (including any documents incorporated by reference), Your violation of any law or the rights of a third party or any breach of Your representations and warranties as contained herein.
6. Changes to the Website
Funeral Guide without notice may at any time change the Content, amend, remove or edit Your Content or change the look, feel and functionality of the Website or suspend access to the Website, or close it indefinitely.
We do not guarantee that the Website, or any Content will be free from errors or omissions.
7. Representations, warranties and limitation of liability
Funeral Guide does not represent or warrant that the information accessible via this Website is accurate, complete or current. At any time, any or all of the material on the Website may be out of date. You should always independently check any information before You rely on it. The information displayed is of a general nature and is not intended to address Your particular requirements or constitute any form of advice, recommendation, arrangement or introduction by us.
The Website is presented on an "as is" basis. Funeral Guide makes no representations or warranties of any kind whatsoever in connection with the Website or the Content or Your Content. All conditions, warranties and other terms which might otherwise be implied by statute or common law are excluded to the fullest extent permitted by law and You agree that, to the fullest extent so permitted Funeral Guide shall not be responsible or liable under any circumstances for any amount or kind of loss or damage whatsoever howsoever arising suffered or incurred by You.
The limitation of liability set out above shall apply to Your use of or Your inability to use the Website or any Funeral Guide services, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing this Website or Your downloading of any material from this Website or any websites linked to this Website.
This does not affect Funeral Guide’s liability for death or personal injury arising from Funeral Guide’s negligence, nor Funeral Guide’s liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
8. Reviews, comments and use of other interactive areas
Funeral directors like other businesses value feedback on the services they provide. Constructive feedback will enable the funeral director to improve the experience of bereaved relatives at an important time to them. Where a funeral director is participating in our review service You may enter a review of the services provided by a funeral director on the Website. As with all other Your Content, reviews may appear on the Website and on the relevant funeral director’s website or anywhere else that Funeral Guide publishes the same.
In submitting a review, You are deemed to have agreed to the terms herein and without prejudice to the generality of the forgoing You are hereby reminded of clauses 4, 5, and 7 and You acknowledge that;
(a). the Website may contain discussion forums, bulletin boards, review services or other forums in which You or third parties may post reviews of Your experiences of funerals or other content, messages, materials or other items on this Website ("Interactive Areas"). If Funeral Guide provides such Interactive Areas, You are solely responsible for Your use of such Interactive Areas and use them at Your own risk. By using any Interactive Areas, You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any content in breach of the terms herein or the Funeral Guide ‘Acceptable Use Policy’ which can be found on the Website;
(b). that Funeral Guide may choose to provide attribution of Your comments or reviews at its sole discretion.
10. Transactions concluded through the Website
Contracts for the supply of goods, services or information formed through the Website or as a result of visits made by You are governed by Funeral Guide’s Terms and Conditions of Supply, copies of which are available on the website. Without prejudice to the forgoing, Funeral Guide make no recommendations or warrantees in respect to Funeral Directors or any other organisation other than Funeral Guide notwithstanding that such other parties may be mentioned on the Website or may be accessible through the Website and You should bear in mind that such other parties are merely advertisers on the website and as such Funeral Guide shall have no liability whatsoever howsoever arising.
You may link to Funeral Guide’s home page, provided You do so in a way that is fair and legal and does not damage the reputation of or take advantage of Funeral Guide, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Funeral Guide where none exists.
You must not establish a link from any website that is not owned by You.
The Website must not be framed on any other site. Funeral Guide reserves the right to withdraw linking permission without notice.
If You wish to make any use of material on the Website other than that set out above, please address Your request to firstname.lastname@example.org
12. Third Party Links and Resources in our Website
Without prejudice to any other provision herein, where the Website contains links to other websites and resources provided by third parties, these links are provided for Your information only. We have no control or responsibility over the contents of those sites or resources whatsoever howsoever arising.
13. Viruses and Misuse
We do not warrant that the Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attempt to not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack or any other attack with the intention of facilitating harm or damage to the Website or damage or loss to its users. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.
14. Applicable law and forum
15. Limitations of Liability
Funeral Guide will not be liable loss whether consequential or otherwise if for any reason the Website is unavailable at any time or for any period or for any loss whatsoever arising from any inaccuracy or from information that is out of date or incomplete.
If any provision or part-provision of these terms are or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.