A GIVING TRIBUTE TERMS AND CONDITIONS
1 ABOUT US
1.1 A Giving Tribute Limited (referred to in these terms as we, us, or our), acompany registered in England and Wales under company number 07051409 and with our registered office address at 8 Greenhill Road, Farnham, United Kingdom, GU98JW, operates www.agivingtribute.com (our website).
1.2 Our website provides the loved ones of the deceased the opportunity to setup a free web page setting out the details of the funeral (a Funeral Details Page). Through the Funeral Details Page, mourners are able to place an order for personal Tribute Cards (which may be private or visible at the funeral, and shall collectively be referred to as Tribute Cards). We offer (free of charge) to all Next of Kin who register the details of a funeral on our website, Tribleaus to display the Funeral Tribute Cards that have been ordered by mourners for the funeral service. After the funeral service, there is also the option for the Next of Kin to purchase a Commemorative Book into which the Tribute Cards can be placed as a keepsake. More information about the services and products we offer is available here: www.agivingtribute.com/about_us/index.htm
2 YOUR RELATIONSHIP WITH US
2.1 Your use of our website and any products and services provided to you on or from or through our website is subject to the terms of a legal agreement between you and us.
2.2 This page (together with the documents referred to on it) tells you the terms and conditions (the Terms) on which you may use our website and on which we will supply all of the products listed on our website (our products) and all of the services listed on our website (our services) to you. These Terms form a legally binding agreement between you and us in relation to your use of our site.
2.3 Please read these Terms carefully before accessing our website, using our website, using our services or ordering any of our products (collectively referred to as using our site or use our site or use of our site depending on the context). You should understand that by using our site, you agree to be bound by these Terms.
2.4 You should print a copy of these Terms for your records.
2.5 These Terms apply to anyone using our site, including users who are contributors of any text, photographs, graphics, images and any other materials you may view on, access through or contribute to our website (Content).
2.6 When using our site you warrant that you are legally capable of entering into binding contracts, and you are at least 18 years old.
2.7 In order to use our site you must accept these Terms. If you do not accept these Terms then please do not continue to use our site. Continued use of our site will constitute acceptance of these Terms.
3 ACCOUNTS WITH A GIVING TRIBUTE
3.1 Some of the features on our website and some of our services are only available if you register with us. You will be asked to choose a username and a password when you register with us, which you must keep secure and confidential. If you discover any unauthorised use of your account then you must notify us immediately at email@example.com.
3.2 All activity on your account is your sole responsibility.
4 REGISTERING A FUNERAL
4.1 Subject to clause 4.2, if you register with us and upload the full details of a funeral (the Funeral), including the details of the deceased, the location, date and time of the funeral and the name of the funeral director we will create a Funeral Details Page relating to the funeral on our website and:
4.1.1 we will deliver to your chosen funeral director Tribleaus to display all of the Funeral Tribute Cards ordered by mourners for the Funeral;
4.1.2 we will only deliver in advance of the Funeral those Funeral Tribute cards that have been ordered for the Funeral at least 3 working days prior to the date of the Funeral; and
4.1.3 we will only deliver Funeral Tribute cards and Tribleaus to your funeral director if you provide us with full details of the Funeral, including the location, date, time, full name of the deceased and the name of the funeral director.
4.2 The provision of Funeral Details Pages on our website and the delivery of Tribleaus for Funerals is a service provided by us free of charge. As such, we do not accept any liability to the Next of Kin in respect of a failure to deliver in advance of the Funeral the free Tribleaus or the Tribute Cards ordered by third party mourners, if such failure is due to circumstances outside our control and we do not accept liability for any losses that were not reasonably foreseeable to both parties when the contract was formed or were not caused by a breach of contract.
5 DONATIONS TO CHARITIES AND OTHER ORGANISATIONS
5.1 We supply the details of any beneficiaries chosen to receive donations in memory, the details of which are provided by the funeral director or Next of Kin. We accept no responsibility for any donation transaction that occurs between the donor and the beneficiary.
7 ORDERING OUR PRODUCTS
7.1 We try to ensure that all of our products are accurately represented on our website. However, slight variations in colour, typefaces and layout may occur.
7.2 All Funeral Tribute Cards ordered and finalised through a Tribute Page on our website will, if the order is accepted by us, be delivered to the funeral director of the Funeral in advance of the Funeral, provided that you place your order, finalise the wording for the Tribute with us and submit for printing at least 3 working days prior to the date of the Funeral. We cannot guarantee to deliver Funeral Tribute Cards in advance of the Funeral if you place your order less than 3 working days in advance of the Funeral. An order is not placed until you have entered your payment details, confirmed your order and received an automated confirmation that your order has been received by us and that you have submitted for printing. Any orders for Funeral Tribute Cards placed but not submitted for printing within 3 working days of the Funeral will be delivered directly to the Next of Kin of the deceased. There will be no refund of the difference in price between the Funeral Tribute and the Direct Tribute.
7.3 After you place an order on our website for any of our products, you will receive an e-mail from us acknowledging that we have received your order, at which point the contract between us for the supply by us of our products to you (the Product Contract) will be formed.
7.4 The Product Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation (this does not include Tribute Cards). We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.
7.5 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7.6 Any of our products that you order from our website will be at your risk from the time of delivery. Ownership of our products will only pass to you when we receive full payment of all sums due in respect of those products, including any applicable delivery charges.
7.7 We reserve the right not to process your order if we decide that you areusing our site in breach of these Terms.
8 PRODUCT PRICING
8.1 The price of any of our products will be as quoted on our website from time to time, except in cases of obvious error. These prices include VAT and may include delivery costs (as at September 2012, all delivery charges are included within the quoted price of the product). Prices are liable to change at anytime, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.2 Payment for all products ordered by you on our website must be by credit or debit card. We accept payment with UK Domestic direct debit bank cards, VisaDebit, Visa Electron, Visa Credit, Mastercard Debit, Mastercard Credit, International Maestro.
9 CONSUMER RIGHTS
9.1 Unless your Product Order relates to the purchase of a Tribute Card (see clause 9.3 below), if you are contracting as a consumer, you may cancel a Product Contract at any time within seven working days, beginning on the day after you received the relevant products. In this case, you will receive a full refund of the price paid for those products in accordance with our refunds policy (set out in clause 10 below).
9.2 To cancel a Product Contract, you must inform us in writing. You must also return the relevant products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
9.3 You will not have any right to cancel a Product Contract for the supply of Tribute Cards, as these are bespoke products that are made to order.
10 REFUND POLICY
10.1 When you return a product to us because you have cancelled the Product Contract between us under clause 9 above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
10.2 When you return a product to us because it is defective, we will either offer to replace the defective product with a non-defective product or offer a full refund. If you notify us that you would prefer a refund, we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day you notified us that you would prefer a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
10.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11 ABUSE OF OUR WEBSITE
11.1 You must not use our site directly or indirectly for any unlawful purpose or to cause distress or offence to any person.
11.2 You must not upload any Content to our website that is profane, offensive, obscene, racist or likely to cause distress to any other person, and this includes photographs of a graphic nature or which contain nudity or pornography.
11.3 We do not monitor our website, but we reserve the right to remove or edit any Content uploaded to our website at our sole discretion and without notice.If you notice any content that is offensive or profane in any way then please contact us at firstname.lastname@example.org immediately. Where you are exposed to any such content you hereby agree to waive any legal or equitable rights or remedies you may have against A Giving Tribute in respect of that content.
11.4 When you register a funeral on our website or place an order for a Tribute Card you must ensure that you do not upload any Content to our website unless you have the right to do so. In particular, you must not upload photographs that are copyright protected without the copyright owner's permission. We reserve the right to remove any Content (as defined in clause 2.5 above) from our website at our sole discretion and without notice if we consider that there may be a breach of copyright.
11.5 You must not use our site for any commercial reasons, including without limitation soliciting users of our site or collecting any personal data relating to any user of our site.
11.6 You must not copy, reproduce, distribute, transmit, broadcast, display,sell, license, or otherwise use any Content for any purpose without our prior written consent or the consent of the copyright holders of the Content.
11.7 You are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
11.8 If you breach any of these Terms, we reserve the right to immediately and without notice deny your access to our site.
12 INTELLECTUAL PROPERTY RIGHTS
12.1 By uploading Content to our website you are:
12.1.1 retaining all rights of ownership subject to clause 12.3 below;
12.1.2 responsible for the Content and the consequences of posting it and publishing it;
12.1.3 confirming that you have all the necessary permissions, licences,rights, and consents to use the Content;
12.1.4 confirming that the Content does not infringe any third party intellectual property rights, including but not limited to copyright;
12.1.5 agreeing that you will not use our site in any way which would cause harm or offence.
12.2 Where A Giving Tribute becomes aware of any violation of these Terms it reserves the right to remove Content from the website without prior notice and at its sole discretion.
12.3 When you upload Content to our website you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, and display in any media formats that Content for the purposes of producing our products, including in particular for the purpose of printing that Content onto the Giving Tribute cards, including without limitation, using, reproducing, distributing, preparing derivative works of, and displaying the Content to the extent permitted under these Terms.This licence will terminate when you remove or delete the Content from our website.
12.4 All text, software, music, sound, photographs, graphics, video, pagelayouts, design and other material that is contained on the website is protected by our or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws. You are not permitted, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell ordistribute in any way any of these intellectual property rights. 12.5 “A Giving Tribute” and "Tribleau" are our registered trademarks. You must not display or use either of these trademarks in any manner without our prior written consent. Any other trademarks, service marks or logos that appear on our website are the property of their respective owners and are likely to be protected and subject to restrictions as to their use. They must not be used without the prior written consent of the trademark owner.
13 LINKS ON OUR WEBSITE
13.1 There will be hyperlinks on our website to charity and other websites from time to time.
13.2 Any hyperlinks provided on our website are provided for your convenience only and the presence of those links on our website in no way implies endorsement of those websites, their products or services by us. We have no control over any other websites and assume no responsibility for their content or policies.
13.3 We shall have no responsibility for any external websites for which hyperlinks appear on our website and you access them at your own risk.
14 WEBSITE CONTENT
14.1 Our website is provided on an "as is" and "as available" basis and we shall not be liable to you for your inability touse any of our services. We do not warrant that our site will meet your requirements, or that any information you obtain through using our site will be accurate or reliable, or that your use of our site will be uninterrupted or secure.
14.2 We warrant to you that any product purchased from us through our websiteis of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
14.3 We are not liable for any losses that you suffer that were not reasonably foreseeable to both parties when the contract was formed, including without limitation consequential and indirect losses, or for losses not caused by a breach of contract on our part.
15 TERMINATION OF USE
15.1 You may stop using our site at any time.
15.2 These Terms will continue to apply in respect of your past use of our site.
16 EXCLUSION OF THIRD PARTY RIGHTS
16.1 A person who is not a party to these Terms has no right under the Contracts (Rights of Third parties) Act 1999 to enforce any of these Terms.
17 WRITTEN COMMUNICATIONS
17.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic.
17.2 We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
18.1 All notices given by you to us must be given to A Giving Tribute Limited at email@example.com or 8 Greenhill Road, Farnham, United Kingdom, GU9 8JW. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 17 above.
18.2 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
18.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
19 TRANSFER OF RIGHTS AND OBLIGATIONS
19.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
19.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Product Contract, or any of our rights or obligations arising under it, at anytime during the term of the Product Contract.
20 EVENTS OUTSIDE OUR CONTROL
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Product Contract that is caused by events outside our reasonable control (a Force Majeure Event).
20.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
20.2.1 Strikes, lock-outs or other industrial action;
20.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
20.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
20.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
20.2.5 Impossibility of the use of public or private telecommunications networks;
20.2.6 The acts, decrees, legislation, regulations or restrictions of any government;
20.3 If a Force Majeure Event occurs we will notify you. If it continues for a period exceeding 14 days, you may choose to cancel your order and terminate the Product Contract in respect of that order. Unless you choose to cancel your order, our performance under the Product Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have anextension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Product Contract may be performed despite the Force Majeure Event.
21.1 If we fail, at any time during the term of a Product Contract, to insist upon strict performance of any of your obligations under the Product Contractor any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Product Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
21.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
21.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 18 above.
22.1 If any of these Terms or any provisions of a Product Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to bevalid to the fullest extent permitted by law.
23 OUR RIGHT TO VARY THESE TERMS
23.1 We reserve the right to amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. It is therefore important that you read these Terms every time you access our site. If you do not agree to any changes made to these Terms, you must stop using our site.
23.2 The latest version of these Terms will be made available on our website and will govern your use of our site. Your continued use of our site after the date that the amended Terms are made available will constitute your acceptance of the amended Terms.
23.3 You will be subject to the Terms in force at the time that you order our products, unless any change to the Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
24 GOVERNING LAW AND JURISDICTION
24.1 These Terms and all Product Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.
24.2 Any dispute or claim arising out of or in connection with these Terms orany Product Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.