Terms of Use

Terms and Conditions

Last updated March 2020

Please read these terms and conditions carefully before using Our Website or accessing Our Services.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Account means a unique account created for You to access our Website or to receive Services
  • Country refers to: United Kingdom
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to In Memory Of Life Funeral Directors, 44 Landcroft Road, London, SE22 9LD.
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Device means any device that can access the Website such as a computer, a cellphone or a digital tablet.
  • Deceased refers to the person who has died and for whom the Services are requested
  • Services refer any funeral related service requested from Us by You
  • Orders mean a request by You to purchase Services from Us.
  • Suppliers refers to any third-party company providing services directly for the Company
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website and accessing our Services
  • Website refers to In Memory Of Life Funeral Directors, accessible from https://www.inmemoryoflife.com
  • You means the individual accessing or using the Website or Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Website or Services, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company for the provision of Services. These Terms and Conditions apply to all visitors to the Website and others who access or use our Services

Your access to and use of the Website, or receipt of Services, is conditioned on Your acceptance of and compliance with these Terms and Conditions.

By accessing or using our Website and Services, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website or receive Services from us.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Website.

Your access to the Website and receipt of our Services are also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when you use the Website or access Services and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website or using our Services.

Placing Orders for Services

By placing an Order for Services through the Website or by other means, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Services, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and details about the Deceased necessary for the provision of Services.

By submitting such information, You grant us the right to provide the information to payment processing third parties and other Suppliers for purposes of facilitating the completion of Your Order and provision of requested Services.

Funeral Services Provision

Our acceptance of your Order will always be sent to you in writing. You accept that it will be necessary sometimes for us to begin providing some requested Services, such as collection and care of the Deceased, before you have submitted your full Order

In the event that we are unable to accept any part, or all of your Order submitted, we will inform you of this and our rationale as soon as possible and confirm in writing. This may be due to items being out of stock, unable to meet specified deadlines, unavailability of Suppliers or for any such reason as is necessary. We will endeavor to ensure that all Services promoted on the Website are accurately described and correctly priced. It is however possible that some items may be incorrectly priced or displayed and in such an event we reserve the right to increase or decrease the price as necessary, or provide the most suitable alternatives

In order to provide your requested Services, we may instruct a range of Suppliers who provide a Services on behalf of the Company. This includes but is not limited to:

  • Carriage Master Providers
  • Mortuary Service Providers
  • Funeral Staffing Providers
  • Coffin and Urn Suppliers
  • Any other provider required to fulfil your Order for requested Services

By agreeing to these terms, you accept that some Services requested in your Order may be provided on our behalf by one of our chosen Suppliers.

Other Service Provision

The Company is not responsible for the provision of services from other third party companies not directly contracted to provide our Services. In such events, we act as the declared agent to make necessary bookings and arrangements with third parties on Your behalf (such as the Crematoria, Burial Ground, Cemetery, Mortuary, Celebrants etc).

Due to the current coronavirus pandemic, provision of some of these third parties is restricted, such as a restriction of 10 people being able to enter a Crematoria chapel or a Celebrant conducting funeral planning remotely rather than in person. In such events, we will advise you in advance of any restrictions in place before any bookings are made with third parties.

Rights to Make Changes, Cancel or Request A Refund

If you wish to make changes to the Services at any point after we have accepted your Order, please contact us. Wherever possible, we will do everything we can to make any reasonable changes to the Services ordered. In doing so, we may need to amend the Fees payable and/or update the timescales for delivery of the Services. If we are unable to make the changes you have requested or if you are not satisfied with the amended Fees or timescales, you may wish to exercise your right to cancel this Agreement.

Under the Consumer Contracts Regulations 2013, you have the right to change your mind and cancel within a 14-day cancellation period, commencing the day after we accept your Order.

When you sign and enter into this Agreement, you authorise that we begin providing the requested Services within the 14-day cancellation period. If you then wish to change or cancel your request for Services within the 14-day cancellation period, you agree to pay us in full for any Services completed before the requested cancellation date and in part for any Services part completed.

In order to exercise your right to cancel, you must clearly inform us of your decision in a written statement either sent by post or by email at [email protected]

Our Liability to You for Loss or Damage

Our liability is limited to the total amount due by you to us under these Terms and set out in your Order. We are not liable for any loss or damage that is not a foreseeable result of our breach of these Terms or negligence.

We shall not be liable for the loss of any jewelry, personal items, clothing or any such effects left with the Deceased at the point they are taken into our care. In order to avoid the risk of loss or damage for any items, we would strongly advise that you remove any such items prior to the person being brought into our care.

Fees

In Memory Of Life will present a full written estimate of all Fees to you after receipt of your Order. This will be followed by a Final Invoice once all bookings and third-party charges have been confirmed.

All dates, times and Fees displayed on the Website and in your Order cannot be guaranteed until we have made and confirmed all bookings, many of which will be dependent on third party availability.

 

The estimate of Fees provided on the Order is an indication of the likely charge only based upon the information we have at the time. We will always endeavour to ensure the estimate on your Order is as accurate as possible, however in some events, such as where a third party changes their rates or charges, we may need to adjust the Fees in our Final Invoice.

It is especially important to consider where there may be many variable costs from a third party which are not able to be displayed on the Website. For example, a Cemetery will have variable costs for the time of day, non-residents, type of grave, size of the coffin, location of the grave, permits and other items. In such events we will provide you with as accurate an estimate as possible in your order, however, can only confirm your final fees in your final invoice.

Payment Terms

All Fees designated within the Final Invoice are to be paid in full before the funeral will commence (24 hours before date of funeral).

If you have made or intend to make an application for a Department for Work and Pensions Funeral Payment, or any other financial assistance application, please note that you still remain responsible for the payment of all Fees to us within these payment terms.

Payments shall be made to the Company via bank transfer using the details provided within the Final Invoice. If you are not able to make payment within these terms, please contact us to discuss any changes to these terms for your individual circumstance.

In the event of any unpaid accounts, we reserve the right to pass on to the Client the cost of any third-party charges for collection of the Fees. These costs will be incurred from when In Memory Of Life instruct any third parties to proceed with collection of the payment.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Website allows You to post Content. You are responsible for the Content that You post to the Website, including its legality, reliability, and appropriateness.

By posting Content to the Website, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Website, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Website’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Website if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Website, you agree to use the Website at your own risk. You understand that by using the Website You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Our Content Copyright

This Website and its Content is copyright of In Memory Of Life Funeral Directors – © Funeral Enterprises Ltd 2021 All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • you may print or download to a local hard disk extracts for your personal and non-commercial use only
  • you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at [email protected] Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website

Links to Other Websites

Our Website may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, Services or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Website or access our Services will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its Suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Order or 100 GPB if You haven’t purchased any Services through an Order

To the maximum extent permitted by applicable law, in no event shall the Company or its Suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of  Services, even if the Company or any Supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Website. If You have any concern or dispute about the Website or Services provided, You agree to first try to resolve the dispute informally by contacting the Company.

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 14 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Website or Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Services.

Contact Us

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

By email: [email protected]

By phone number: 02033898362

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