USER TERMS AND CONDITIONS agreement
Please read this agreement carefully. It sets out the terms under which we agree to make available any of our websites and apps, including e-editions ("the Site"), however you access it, to you.
By using the Site, you confirm that you accept the terms of this agreement and that you agree to comply with them. If you do not agree to this agreement, you must not use the Site.
The publisher of the Site (referred to in this agreement as "we" or "us") is a subsidiary of the publishing group Reach plc (company number 82548) which asserts copyright in the Site. Our address is One Canada Square, Canary Wharf, London, E14 5AP. Our VAT number is 440 3567 67.
To contact us, please see the contact us page on this site.
We offer access to many features of the Site free of charge but due to the nature of the Internet, we do not promise full and error free operation of the Site at all times.
THERE ARE OTHER DOCUMENTS THAT ARE RELEVANT TO YOU
This agreement refers to the following additional terms, which also apply to your use of the Site:
Our Privacy Notice
Our Cookie Notice
WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. These terms were most recently updated on
- 18th July 2018.
YOUR USE OF THE SITE
The Site is for personal and non-commercial use only. You may download and print portions of the Site for your personal, non-commercial use only.
Any other use of materials on the Site, including any user generated content (including without limitation reproduction for a purpose (other than that noted above) and any modification, distribution or republication) without our prior written permission is strictly prohibited.
You agree not to frame the Site for any purpose, unless specifically authorised by us to do so.
You agree that you will not use the Site to submit, or knowingly or recklessly receive, any material including without limitation, comments and reviews that:
are in any way, obscene, threatening, abusive, offensive, defamatory, invasive of another’s privacy, in breach of confidence, embarrassing to any person, likely to deceive, inaccurate, misleading, hateful, blasphemous, pornographic, or racially, ethnically or otherwise objectionable;
are in breach of any third party’s intellectual property rights (including copyright) or other rights;
constitute or encourage conduct that would be considered a criminal offence or otherwise contrary to any law, regulation or code of practice or give rise to civil liability or infringe the rights of any third party anywhere in the world;
are, or could be, technically harmful;
are, or may be deemed to be, advertising or promotional materials including “spam” email;
makes excessive demands for bandwidth; or
contains any virus or other malicious program or which may otherwise impair or harm our computer systems or any third party computer system.
You agree not to impersonate any person or entity or misrepresent any affiliation with any person or entity when creating an account on the Site or submitting any content to the Site.
You also agree not to attack the Site or access or attempt to access the accounts of other users or gain a greater level of access to the Site than authorised.
OUR MONITORING OF THE SITE
You acknowledge that we have no obligation to monitor any user generated content on the site but that it is in our sole discretion that we have the right to delete any content that we deem inappropriate, at any time. Notwithstanding this, you are solely responsible for and bear the legal risk associated anywhere in the world in relation to any such content you may post.
In the event that you are in breach of the terms of this agreement, we will have the right to terminate any account that you have with the Site and you may not open another account on it or otherwise continue to use the Site.
We will co-operate with law enforcement or regulatory authorities or any court order requesting or requiring it to disclose the identity or location of or any other information in relation to anyone who has submitted content to the Site in breach or allegedly in breach of this agreement or the law. In appropriate circumstances, we may also disclose such information to the police, your Internet service provider and any third party to whom we may make a disclosure in good faith.
You acknowledge that submitting content to the Site does not guarantee that it will appear on the Site. You cannot edit or remove content once you have submitted it to the Site. However, if you would like make a complaint about specific user generated content on the Site, please see the contact us page on this site.
RIGHTS YOU ARE GIVING US IN CONTENT YOU UPLOAD
If you post or upload content to the Site, you grant us a perpetual, royalty free, irrevocable, non-exclusive right and licence to use, reproduce, publish, communicate to the public, translate, create derivative works from and distribute such content into any form, medium or technology now known or hereafter developed. In addition, you waive any and all moral rights in such content.
DO NOT RELY ON INFORMATION ON THE SITE
The content on the Site is provided “as-is” and for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
We make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date and we do not accept any responsibility for any of such content.
LINKS TO OTHER WEBSITES
The Site may include links to the content, web sites and/or services owned and/or operated by third parties. These are provided for your convenience only and we are not responsible for and do not give any warranties or make any representations regarding any such content, web sites and/or services.
The onus for ensuring that content presented on the Internet is legal rests with the original content provider, and we will not be under any obligations to limit access to material unless notified that it is illegal or otherwise in breach of the terms of this agreement. Notwithstanding, we shall have the right to remove any items we believe may be illegal or otherwise in breach of the terms of this agreement.
Sometimes we include links to other websites; if you click on one and make a purchase of a product or service, we may receive a commission.
OUR INTELLECTUAL PROPERTY AND TRADE MARKS
The intellectual property in all design, text, graphics and other material (other than user generated content) and the selection or arrangement of such material on the Site is owned by us and/or our respective licensors.
We are the owner of:
those trade mark(s) indicated as such throughout the Site from time to time; and
all other trade marks used in the Site which are not licensed to us by any third party.
All other trade marks, product names and company names or logos cited therein are the property of their respective owners.
Should you create a user account on the Site, the personal details that you provide must be true, accurate and complete.
You must keep your password(s) relevant to the Site confidential and not reveal them to anyone else. You are responsible for all activities that are carried out under your username and password(s). We do not have the means to check the identities of people using the Site and will not be liable where your username and/or password(s) are used by someone else. You agree to notify us immediately by email of any unauthorised use of your account of which you become aware. Please see the contact us page on this site contact details.
You will not create additional accounts for the purpose of abusing the functionality of the Site or other users or for any other reason in breach of the terms of this agreement.
You can cancel your account at any time by emailing us. Please see the contact us page on this site.
We shall use reasonable endeavours to ensure that the Site and any information it holds are kept secure. However, due to the nature of the Internet, we cannot accept any liability for those who intentionally attempt to and/ or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that we are unable to exclude such liability by law) and we do not warrant that the Site or any of its contents are free of viruses or malware .
HOW WE MAY USE YOUR PERSONAL INFORMATION AND COOKIES
We will use your personal information as set out in our Privacy Notice
CLAIMS MADE AGAINST US BY THIRD PARTIES
Where a claim is brought against us by a third party in relation to your use of the Site you agree to fully reimburse us and all companies within our group for all losses, costs, actions, claims, damages, expenses (including legal costs and expenses) or liabilities, whatsoever suffered or incurred by us or the companies within our group in or as a consequence of your breach of this agreement and your use of the Site which is included on the Site.
WE ARE NOT LIABLE FOR THINGS BEYOND OUR CONTROL
We are not liable for things beyond our control, such as power failure and problems on the Internet.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it, to the extent that it is lawful to do so
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, the Site; or
use of or reliance on any content displayed on the Site.
We will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill. Our only liability will be either to repair the damage or pay you equivalent compensation.
If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
THIS AGREEMENT IS PERSONAL TO YOU
This agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without our prior written consent.
We reserve the right to assign or transfer all or any of its rights and obligations under this agreement to any companies in the same group as Reach plc or another third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Site.
WHICH COUNTRYS LAWS APPLY TO ANY DISPUTES?
If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including, without limitation, this section dealing with governing law and jurisdiction, affects your rights as a consumer to rely on such mandatory provisions of local law.
When you make a donation via our website, your donation will be processed either by the funeral director listed on the notice, or by Donatis Payments Ltd
(hereinafter referred to as “the donation processor”).
Any deductions made from the donation will be made according to the donation processor’s terms & conditions, which can be viewed during the donation payment process. These deductions may include:
- An administration charge, further details of which can be found in the donation processor’s terms & conditions available during the donation payment process
- Credit card processing fees, which are deducted at the rate charged by the donation processor’s payment service provider
Donations can be made for 5 weeks following the date of publication of the notice. At the end of this period the funds collected, less any deductions will be paid to the chosen beneficiary(s) by the donation processor. If applicable, the beneficiary(s) will also receive documentation to enable them to reclaim gift aid on eligible donations.
If you wish to cancel a donation you have made, please contact us within 3 working days. Once the donated funds have been transferred to the beneficiary(s) it will not be possible to process a refund.
By making a donation you consent to the processing of your personal data by the donation processor.
When placing a notice on funeral-notices.co.uk you may be offered the option to collect donations in memory of the deceased. Donations made using this service are processed by Donatis Payments Ltd (hereinafter referred to as “the donation processor”) on behalf of Reach plc.
The cost of providing this service is met by making an administration charge of 4% of the funds raised in addition to the card processing fees. Eligible organisations can claim Gift Aid on the net amount. For example, a £10 donation made using a credit card issued by a bank within the EU would result in the beneficiary receiving a total of £11.58 after gift aid (if eligible):
- Credit card processing fees (1.3% + 20p): £0.34
- Administration charge: £0.40
- Amount transferred to beneficiary: £9.26
- Gift Aid claimed by the beneficiary (if eligible): £2.32
No fees are charged to the charity to receive funds from the donation processor.
Further details about the donation process can be found in the terms & conditions on funeral-notices.co.uk and in the donation processor's terms & conditions, which can be viewed here: www.donatispayments.co.uk/terms-conditions.