These are the terms and conditions on which we supply services to you via our website www.afuneralnotice.com (our site). Please read these terms carefully before you use the services available on our site. By (a) accessing, browsing or otherwise using our site by any means and via whatever device, or (b) becoming a registered user of our site, you agree to be bound by the Conditions.
Acceptable Use Policy: the policy on our site which sets out the terms on which you are permitted to use features on our site and the Services and any amendments, updates and versions of the policy from time to time.
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Auto Top-Up: the service that allows the Customer to automatically purchase additional Credits.
Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 8.
Conditions: these terms and conditions, together with the Policies as amended from time to time.
Content: any text, graphics, photos, data or other materials (including the Customer Data) uploaded to or sent through or submitted through our site or otherwise used by you when you are using the Services.
Credits: the units of credit purchased, ordered and/or used by you in order to pay the Charges in order to access and use the Services.
Customer: the person or firm who purchases Services from the Supplier (“you”, “your”).
Customer Data: the personal data provided by the Customer for the purpose of using the Services.
Normal Business Hours: 9.00 am to 5.00 pm local UK time, each Business Day.
Services: the services provided by us to you via www.afuneralnotice.com.
Supplier: Mobile Media Marketing Limited, registered in England and Wales with company number10652305 and registered office at 21 High View Close, Hamilton Office Park, Hamilton, Leicester, LE4 9LJ (“we”, “us”).
Terms of Website Use: the policy on our site that sets out information about the terms on which you may use our site and any amendments updates and versions of the policy from time to time
Virus: anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
1.2 We reserve the right to change these Conditions at any time without notice to you and, unless stated to the contrary, all previous versions of the Conditions will be superseded by the most recent version, which will be available on our site. You are responsible for reviewing the most recent version of the Conditions. Your continued use of our site constitutes your agreement to all such Conditions.
1.3 A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality).
1.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural, shall include the singular.
1.5 A reference to writing or written includes e-mail.
2.1 If you wish to use the Services, you must become a registered user. If you wish to become a registered user of the Services, you must first read the Conditions and indicate your acceptance of the Conditions during the registration process. Whether or not we accept your registration is entirely at our discretion.
2.2 You may open an account with us by registering on our site or by contacting us to set up an account for you.
2.4 If you register on our site/open an account with us on behalf of a business or organisation, you hereby confirm that you have authority to do so.
2.5 Your account will be deemed active on the earlier of your acceptance of the Conditions and/or registration with us and/or your use of the Services, on which date you will have entered into a binding contract with us.
2.6 When register on our site/open an account with us, you will be required to create a password as part of our security procedures. Your password must be treated as confidential. You must not disclose it to any third party.
2.7 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and agree to accept responsibility for all usage and activities that occur under your account/your password. You must inform us immediately if you believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. We shall not be liable to any person for any loss or damage that may arise as a result of your failure to keep your password and account protected. We reserve the right to require you to change your password and username at any time.
2.8 You are responsible for the Content that you create during the use of the Services. You shall not access, store, distribute or transmit any Viruses, or any material during the course of your use of the Services that:
a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
b) facilitates illegal activity;
c) depicts sexually explicit images;
d) promotes unlawful violence;
e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
f) in a manner that is otherwise illegal or causes damage or injury to any person or property;
and we reserve the right, without liability or prejudice to its other rights to you, to delete any material that breaches the provisions of this clause.
2.9 You shall comply with the Acceptable Use Policy in relation to all Content. If you are in breach of this clause, we reserve the right to remove the relevant Content, disable your access to the Services; and disable your account for so long as the relevant breach remains unremedied, without liability or prejudice to your other rights and without prior notice to you.
2.10 Should any use of our site be found to be illegal, subject to complaint, a breach or ethics or cause any other infringement, we reserve the right to suspend or ban any Customer at any time.
3.1 We shall provide the Services on and subject to these Conditions.
3.2 If we are unable to accept your order for Services, we will inform you of this and will not charge you for the Services. This might be because you do not have sufficient Credits in your account to pay for the Services.
3.3 We shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for:
a) planned maintenance carried out during the maintenance window of 10.00 pm to 2.00 am UK time; and
b) unscheduled maintenance performed outside Normal Business Hours, provided that we have used reasonable endeavours to give you at least 6 Normal Business Hours' notice in advance.
3.4 We will, as part of the Services and at no additional cost to you, provide you with our standard customer support services during Normal Business Hours.
3.5 From time to time, we may:
a) modify the Services by issuing updates; and
b) make new features, functionality, applications or tools available in respect of the Services, the use of which may be subject to your acceptance of further terms and conditions.
3.6 We shall give you reasonable notice of material modifications to the Services and any such new features, functionality, applications or tools. For clarity, any modification to the Charges shall be addressed under clause 8.
3.7 We reserve the right at any time to suspend and/or discontinue the Services (or any part thereof), whether permanently or temporarily on giving reasonable notice to you (where practicable).
3.8 We shall not be liable for any loss suffered as a result of our site or the Services being unavailable.
3.9 We do not make any representation that our site, its contents or the Services are appropriate or suitable for use in countries other than within the United Kingdom or that they comply with any legal or regulatory requirements in any other countries. In accessing our site you do so at your own risk and on your own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable.
4.1 By uploading Content to our site, you grant us permission to store, process and treat the Content as we deem necessary in order to deliver the Services. In order to deliver the Services, we may need to modify the Content to meet any requirements or limitations of any network operators, devices, services or media.
4.2 You are responsible for the use of any Content and for any consequences thereof, including the use of the Content by the recipients of the Content.
4.3 You represent and warrant that:
a) you have obtained all the necessary licences, permissions, consents, rights and have the power and authority necessary to upload and publish the Content; and
b) any Content you create or provide will not infringe any third party intellectual property rights or be in breach of the Acceptable Use Policy.
4.4 You agree to indemnify us against all liabilities, costs, expenses, damages or losses (including any direct or indirect losses) suffered or incurred by us arising out of or in connection with the Content and/or your use of the Services.
4.5 We reserve the right for any reason to access, read, preserve and disclose any of the Content where we reasonably believe it is necessary to do so in order to (without limitation) comply with any applicable laws, regulations or to enforce these Conditions and we may remove or refuse to use Content at our sole discretion and without liability to you.
4.6 We are under no obligation to monitor, edit or remove any of your Content as part of the Services and any use of the Content in connection with the Services does not constitute acceptance by us that the Content does not breach these Conditions or the Policies.
4.7 We shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party.
4.9 Where we process personal data on your behalf when performing our obligations under these Conditions, you agree that it is intended that you shall be the data controller and we shall be a data processor and in any such case:
a) we acknowledge and agree that the personal data may be transferred or stored outside the EEA or the country where you are located in order to carry out the Services and our other obligations under these Conditions;
b) you shall ensure that you are entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer the personal data in accordance with these Conditions on your behalf;
c) you shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
d) we shall process the personal data only in accordance with the terms of these Conditions and any lawful instructions reasonably given by you from time to time; and
e) each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
4.10 You agree to indemnify us against all liabilities, costs, expenses, damages or losses (including any direct or indirect losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us arising out of your failure to obtain such consent to use Customer Data.
6.1 We undertake that the Services will be performed with reasonable skill and care.
6.2 Notwithstanding clause 6.1, we:
a) do not warrant that your use of the Services will be uninterrupted or error-free; or that the Services will meet your requirements; and
b) are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3 We warrant that hawse have and will maintain all necessary licences, consents, and permissions necessary for the performance of our obligations under these Conditions.
a) comply with all applicable laws and regulations in connection with your use of the Services;
b) ensure that your network and systems comply with the relevant specifications required to use the Services; and
c) be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our systems, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
7.2 Unless agreed otherwise in writing with us, you consent to us using your name in our promotional, marketing and advertising materials and/or tools. If you wish to withdraw such consent, you may do so at any time by notice in writing to us.
8.1 Once you have opened an account with us, you may purchase Credits at any time via your account or by contacting us. By purchasing Credits from us, you agree to our Charges which will be set out on our site or notified to you by us at the time you purchase the Credits.
8.2 Unless agreed otherwise in writing by us, you can only pay for Credits in advance using a debit card or credit card or your PayPal account or any other method of payment that we may permit from time to time.
8.3 We may amend methods of payment approved by us (including withdrawing methods of payment previously approved by us). We reserve the right to make additional administrative charges depending on the method of payment used.
8.4 You warrant that any information supplied as part of the payment process is accurate and that any credit card, debit card or equivalent payment method provided belongs to you or you are authorised to use such payment method.
8.5 You agree to indemnify us against any loss we may suffer resulting from incorrect payment information provided or resulting from your use of a payment method which you were not authorised to use.
8.6 By purchasing Credits, you authorise us to charge the designated payment method for the total amount of the purchase.
8.7 Once payment has been successfully received by us your account will be credited with the corresponding number of Credits.
8.8 Credits are non-refundable unless we terminate your use of the Services and/or close your account pursuant to clause 12.
8.9 We accept no liability for any loss caused to you as a result of failed payments.
8.10 The price of Credits includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
8.11 If you log on to your account you will be able to tell how many pre-paid Credits are available to you, subject to us having a reasonable amount of time to update your account from the time you purchase or use Credits.
8.12 Credits purchased by you will expire 12 months from the time you last used a Credit. You will not be entitled to a refund for unused and expired Credits. We are under no obligation to warn you that any Credits will soon expire.
8.13 At our sole discretion, we may offer Credits to you on account and, if we do so, the following will apply:
a) You shall pay us for Credits as set out in our invoice.
b) You shall pay any invoice submitted to you by us within 14 days of receipt to a bank account nominated in writing by us from time to time.
c) If we have not received payment within 14 days after the due date, and without prejudice to any other rights and remedies that we may have, we may, without liability to you, disable your password, account and access to all or part of the Services and we shall be under no obligation to provide any or all of the Services while the payments concerned remain unpaid.
d) interest shall accrue on a daily basis on unpaid amounts at an annual rate equal to 3% over the then current base lending rate of the Bank of England from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
8.14 Notwithstanding the provisions of Clause 8.13, we reserve the right to withdraw any credit arrangement with you at any time for whatever reason at which time all sums due to us for unpaid Credits shall become payable immediately on demand.
8.15 We reserve the right to vary the Charges or to introduce new administrative charges at any time on reasonable notice.
8.16 All amounts and Charges stated or referred to in these Conditions:
a) shall be payable in pounds’ sterling;
b) are, subject to clause 12.3, non-cancellable and non-refundable;
c) are exclusive of VAT, which shall be added at the appropriate rate.
8.17 If you wish to participate in Auto Top-Up the following provisions shall apply to you and your use of the Services:
a) You must elect to participate in Auto Top-Up using our site;
b) You must provide us with a valid credit card or debit card from which the Auto Top-Up payment for further Credits can be taken. You must be authorised to give payment authority in respect of such card;
c) You must set limits using our site which specify the number of Auto Top-Ups that you may make in any calendar month and the maximum amount of a payment in respect of each Auto Top-Ups (Auto Top-Up Limits); and
d) Any payment taken by us which is within the Auto Top-Up Limits will be deemed to have been authorised by you and such payment will be applied by us in the purchase of additional Credits.
You acknowledge and agree that we and/or our licensors own all intellectual property rights in our site and the Services. Except as expressly stated herein, these Conditions do not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services.
10.1 You shall defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Customer Data or your (or your clients’) use of the Services. You agree to indemnify us against any claims or legal proceedings which are brought or threatened against us by a third party as a result of your use of our site or the Services in breach of these Conditions or the Policies.
10.2 You undertake to inform us as soon as is practicable if anyone makes or threatens to make any claim or issue legal proceedings against you in relation to your use of the Services.
11.1 This clause 11 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you:
a) arising under or in connection with the Services;
b) in respect of any use made by you of the Services or any part of them; and
c) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Services.
11.2 Except as expressly and specifically provided in these Conditions:
a) you assume sole responsibility for results obtained from your use of the Services , and for conclusions drawn from such use. We shall have no liability for any damage caused by errors, inaccuracies or omissions in any Content provided by you in connection with the Services;
b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Conditions; and
c) the Services are provided to you on an "as is" basis.
11.3 Nothing in these Conditions excludes our liability:
a) for death or personal injury caused by our negligence; or
b) for fraud or fraudulent misrepresentation.
11.4 Subject to clause 11.2 and clause 11.3:
a) we shall not be liable whether in tort (including for negligence or breach of statutory duty), agreement, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Conditions; and
b) our total aggregate liability under these Conditions (including in respect of the indemnity at clause 11.1), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Services shall be limited to £500,000.
12.1 This Conditions shall continue to apply to your use of the Services and our site unless otherwise your use of the Services is terminated as provided in this clause 12.
12.2 We may terminate your account and your right to use the Services and our site at any time with immediate effect without notice and without cause.
12.3 Subject to clause 8, if we terminate your use of the Services and close your account without cause we shall refund the amount paid for Credits which are unused and which have not expired. If you stop using your account or the Services, you will not be entitled to any refund and, if you have a credit arrangement with us you are still liable to pay all monies due to us (including interest, where applicable) in accordance with these Conditions
12.4 On termination of your use of the Services for any reason:
a) all licences granted under these Conditions shall immediately terminate;
b) we may destroy, delete or otherwise dispose of any of the Customer Data (and any other information provided by you) in our possession; and
c) any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Conditions which existed at or before the date of termination shall not be affected or prejudiced.
Any failure to provide the Services due to circumstances beyond our reasonable control (which shall include, but not be limited to, technical failure, the acts or omissions of providers of internet services or the failure of any network operators) shall not constitute a breach of these Conditions.
We shall be entitled to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or qualify of the Services.
No failure or delay by us to exercise any right or remedy provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Except as expressly provided in these Conditions, the rights and remedies provided under these Conditions are in addition to, and not exclusive of, any rights or remedies provided by law.
17.1 If any provision (or part of a provision) of the Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
17.2 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.
18.1 These Conditions apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
18.2 These Conditions, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
19.1 You shall not, without our prior written consent, assign, transfer, charge, sub-agreement or deal in any other manner with all or any of your rights or obligations under these Conditions.
19.2 We may at any time assign, transfer, charge, sub-agreement or deal in any other manner with all or any of its rights or obligations under the Conditions.
Nothing in these Conditions is intended to or shall operate to create a partnership between us, or authorise either of us to act as agent for the other, and neither of us shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
These Conditions do not confer any rights on any person or party (other than the Customer, the Supplier and, where applicable, their successors and permitted assigns) pursuant to the Agreements (Rights of Third Parties) Act 1999.
22.1 Any notice required to be given under these Conditions shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post, in our case to our registered office address and in our case to the address that you submitted when you registered online, or such other address as may have been notified by either of us for such purposes.
22.2 A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post.
These Conditions 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) shall be governed by and construed in accordance with the law of England and Wales.
You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Services, these Conditions or their subject matter or formation (including non-contractual disputes or claims).