This document set out the rules for the use of the web site www.familyfuneralnotice.com.
1. Who We Are
Family Funeral Notice Limited is a limited company registered in Scotland as Company Number SC554456, VAT No. 267 6263 74. Our registered address is Clyde Office Suite 2/3, 48 West George Street, Glasgow G2 1BP, Scotland. Our web site www.familyfuneralnotice.com, sends client Text Messages and provides the linked online Funeral Notices published by that web site. To contact us, please use the email address email@example.com.
2.1. Family Funeral Notice Limited is hereinafter referred to as ‘the company,’ ‘we,’ ‘us,’ and by the adjectives ‘our’ and ‘ours.’
2.2. ‘Client’ hereinafter means any authorised agent of a deceased person’s estate, served by one of our users
2.3 ‘Content’ hereinafter refers to material published through our web site, text messages and notices by our users
2.4 ‘Customer’ hereinafter means a person (see below for person definition) who has signed and paid for a contract with us for the provision of our services.
2.5. ‘Customer content’ hereinafter means material submitted by our customers and published through our notices (see below for Funeral Notice definition)
2.6. Our online published Funeral Notices are hereinafter referred to as ‘notices.’
2.7. ‘Malware’ hereinafter means, but is not limited to, computer code functioning as spyware, computer virus, worm, Trojan horse, ransomware, keystroke logger, rootkit or other malicious software.
2.8. Our web site www.familyfuneralnotice.com is hereinafter referred to as ‘the web site’ or ‘our web site.’
2.9. ‘Person’ hereinafter includes all legal or corporate persons; the singular is understood to include the plural and vice versa unless inappropriate to the context.
2.10. ‘Software’ hereinafter includes all the software giving rise to any portion of this web site, the SMS service it provides and the Funeral Notices published through it.
2.11. Users of our web site are hereinafter called ‘you,’ and the adjectives ‘your,’ ‘yours’ are applied to them. The term is understood to include all staff and agents employed or directed by the principal user.
3. Acceptance of Terms
3.1. By using the service provided by our web site, you agree to be bound by these terms and conditions of use. If they are unacceptable to you, you may not use it. You are responsible for ensuring that all persons, whether in your employ or not, who access our web site through your Internet connection, are made aware of these Terms and Conditions and that they comply with them. We recommend that you print a copy of this document for the use of your employees, and that you draw their attention to it.
3.2. This document refers to others which also contain conditions that apply to your use of our service: -
3.4. Our Service Usage Policy available here which sets out both permitted and prohibited uses of our web site and the service offered through them. By using our service, you are also committing yourself to compliance with our Service Usage Policy.
3.5. Our Terms and Conditions of Sale available here, which sets out the way we sell our service.
4. Licence and Acceptable Usage for Our Web Site
4.1. Unless otherwise stated, the company owns the intellectual property rights in the web site and the material on it. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only and print pages or other content from the web site for your own personal use and that of others authorised by you, subject to the restrictions below and elsewhere in this document
4.2. You must not
4.2.1. Publish or distribute any material from this web site in any form or on any platform including another web site,
4.2.2. Sell, rent, transfer, assign or sub-licence any material from our web site, save as allowed in our Conditions and Terms of Sale available here,
4.2.3. Show any material from our web site in public,
4.2.4. Reproduce, duplicate, copy or otherwise exploit material from this web site for any commercial purpose,
4.2.5. Edit or otherwise modify any material from our web site,
4.2.6. Redistribute material from our web site except for content specifically and expressly made available to you by us and/or our agent or agents for that purpose,
4.2.7. Use this web site in any way that causes or may cause damage to it, or impairs or prevents access to it, or in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any such activity by another person,
4.2.8. Use this web site to copy, store, host, transmit, send, use, publish or distribute material
4.2.9. that contains or is linked to any computer malware,
4.2.10. Conduct any systematic or automated data collecting activities in or in relation to this web site, including but not limited to data mining, extraction or harvesting without our written consent,
4.2.11. Use our web site for any purposes related to marketing without our written consent,
4.2.12. Attempt to copy, modify, duplicate or create derivative works from, republish, mirror, frame, download, display, transmit or distribute, in whole or in part, the software of this web site or
4.2.13. Reverse compile, engineer, disassemble, otherwise make available, or attempt to do any of the aforesaid, in whole or in part, with the software, for any commercial purpose
5. Customer Access
5.1. Access to certain areas of our web site is restricted to customers. We reserve the right to further restriction of such areas or to suspension of the service entirely for reasons connected with Licence and Acceptable Usage for Our Web Site as set out above or for non- or under-payment of contract fees due
5.2. We may supply or permit customers to choose User ID’s and/or passwords. Customers are responsible for ensuring that such information, necessarily supplied to their staff and all who use our web site under their authority, is kept confidential at all times. Should the customer suspect that confidentiality has been breached, we are to be informed immediately but not more than two business days after such breach. Furthermore, it is the customer’s responsibility immediately to change any compromised password.
5.3. Should an employee with information as described above leave a customer’s employment, or should an associate or associate organisation of the customer using our web site under the customer’s direction, cease his or her association, then we are to be informed immediately but not more that two business days later than such an event. Furthermore, it is the customer’s responsibility immediately to change any compromised password.
5.4. Should we discover, through our monitoring of customer usage, anything leading us to believe that there has been a breach of confidentiality, we will suspend the affected customer’s account immediately, and inform such customer of our action and our reasons as soon as possible, but not later than two business days after suspension.
6. Customer Content
6.1. Customer content must respect every provision of our Licence and Acceptable Usage for Our Web Site section above.
6.2. The customer grants to us the irrevocable, worldwide, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and/or distribute customer content or portions of it for advertising or other purposes. We undertake, in this connection, to respect the right to privacy of customer clients by changing or omitting photographs, names, addresses or other material likely to reveal the identity of clients.
6.3. Customer content must not infringe any third party’s legal rights, and must not be such as would render the customer liable to legal action whether against the customer or us or a third party, in each case as applicable under Scottish law.
6.4. Customer content must not include matter that is or ever has been the subject of threatened or actual legal proceedings or other similar complaint (for example, in terms or local regulations).
6.5. We reserve the right to edit or remove any customer content or stored on our server, or hosted or published on our web site.
6.6. Notwithstanding our rights under these Customer Content provisions, we do not undertake to monitor the submission of customer content, or its publication in our notices
7. Changes, Suspension of or Withdrawal of Service
7.1 We reserve the right to the following: -
7.1.1. To amend these terms and conditions from time to time. Revised terms and conditions shall apply from the date they are published on our web site. When using our web site, you should check regularly for this.
7.1.2. To make changes to our web site. We may update and change our web site from time to time in order to improve our service. We will make every effort to advise our users of changes by giving reasonable notice.
7.1.3. To suspend, withdraw or restrict the availability of all or any part of our web site for operational, business or legal reasons. We cannot guarantee that our web site or service will always be available or our service uninterrupted. We will make every effort to advise our users of problems by giving reasonable notice.
7.1.4. To make changes to our Funeral Notices published via the web site. We may update and change our Funeral Notices from time to time in order to provide a better service or to deal with any abuse of them.
8. No Warranties
8.1. Our web site is provided ‘as is’ without any representations or warranties, express or implied. We make no representations or warranties in relation to our web site or in the services it provides.
8.2. In particular we do not warrant that
8.2.1. The service will be constantly available, or available at all, or
8.2.2. That the information on our web site and/or notices is complete, true, accurate or not misleading.
8.3. Nothing on our web site or notices constitutes, or is intended to constitute, advice of any kind. If you should require advice in connection with any legal or financial matter, you should consult any appropriate professional.
9. Limitation of Liability
9.1. We will not be liable to you under Scottish or United Kingdom laws, whether pertaining to contract, torts or other matters, in relation to the contents of notices supplied by you or
9.2. For any direct loss of reputation or
9.3. For any indirect, special or consequential loss or
9.4. For any business loss, loss or revenue, income, profits or anticipated savings, loss of contracts or business relationships or goodwill, or loss or corruption of data or information.
9.5. These limitations shall apply even if we have been expressly advised of the actual or potential loss.
10.1. Nothing in this disclaimer excludes or limits any warranty implied by law which would be unlawful to exclude or limit. Nothing in this disclaimer excludes or limits our liability in respect of any
10.1.1. Death or personal injury caused by our negligence,
10.1.2. Fraud or fraudulent misrepresentation on our part, or
10.1.3. Matter that it would be illegal or unlawful for us to exclude or limit, or to attempt or purpose to exclude or limit our liability.
11.1. By using our web site, you agree that the absence of warranties, limitation of liability and exceptions are reasonable. If you are not able so to agree, you must not use our web site.
12. Other Parties
12.1. You accept that we have an interest in limiting the personal liability of our officers, employees and agents. You agree that you will not bring any claim personally against our officers, employees or agents in connection with your use of our services through either our web site or our notices.
13. Unenforceable Provisions
13.1. If any of the provisions of this disclaimer is, or is found to be, unenforceable under applicable law, such unenforceable provision shall not affect the enforceability of the other provisions of this disclaimer. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14.1 You hereby indemnify the company and undertake to keep us indemnified against any claim for losses, damages, costs, liabilities and expenses, including without limitation, legal expenses and any amount paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
15.Breaches of these terms and conditions
15.1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending or prohibiting your access to the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
16.1. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
16.2. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with Scottish Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Scotland.
Clyde Office Suite 2/3, 48 West George Street
Family Funeral Notice Limited, SC554456