Welcome to funeraltimes.com (the “Site”). The Site is operated by FuneralsOnline Ltd of 1 Annagh Drive, Carn Industrial Estate, Craigavon BT63 5WF. Our VAT registration number is 378 9683 16.
These terms and conditions apply to your access, use and participation in this Site.
These terms and conditions apply if you browse or otherwise use our Site and any available services including the access and use of our Site for publication of death, funeral and ancillary notices such as condolences and in memoriam (“Death Notices”) which you will find here http://www.funeraltimes.com/death-notices.aspx .
1. Acceptance of terms and registration
1.1 There terms and conditions apply to you if you access and browse our Site and by so doing you will be treated as having accepted these terms and conditions. Please do not access or browse our Site if you do not accept these terms and conditions.
1.2 In order to:
(i) comment or contribute any material to our Site
(ii) access certain areas of our Site;
(iii) access and/or use the Death Notices service.
we will require you to register. By completing the initial registration and entering your details you will be deemed to have accepted these terms and conditions.
1.3 When you register, you are registering as a personal or industry user of our Site. You will be required to input your email address and password in order to access registration areas of our Site including access and use of the Death Notices service.
1.4 Once you have registered, we allow you to access and use the registration areas of our Site on the basis that:
(i) your email address and password are personal to you and may not be used by anyone else to access our Site;
(ii) you will keep your mail address and other registration details up to date and promptly notify us of any changes;
(iii) you will not do anything which would assist anyone who is not a registered user to make contributions or to gain access to any registration area of our Site;
(iv) you do not maliciously create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, nor do you seek to pass yourself off as another user; and
(v) you comply with these terms and.
If, for any reason, we believe that you have not complied with these requirements, we may, at our discretion, cancel your access to the registration areas of our Site immediately and without giving you any advance notice.
2. Restrictions on registration
Our Site is intended for adults based only in countries in which participation in our Site is not illegal, unlawful or otherwise restricted. Please do not register if you are under 18 years of age and/or are accessing our Site from any country in which participation in our Site is illegal, unlawful or otherwise restricted.
You warrant that all of the personal details you provided to us on registration are true and accurate and will be kept up to date by you.
3. Charges and payment
3.1 We do not charge for you to access or browse the non-registration areas of our Site.
3.2 Our charges for access to and use of the Death Notices service vary according to the use you would like to make of the Death Notices service.
4. Your contributions
4.1 These terms apply to any and all material (including any comments, artwork, photos and other materials) which you contribute to our Site (“contributions”), and to any interactive services associated with it. You warrant that all of your contributions comply with the terms set out below and you indemnify us for any breach of that warranty.
4.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole. If, for any reason, we believe that any contribution does not comply with these terms, requirements and standards, we may, at our discretion, cancel your access to the registration areas of our Site immediately and without giving you any advance notice.
4.3 Contributions must:
(i) where they state facts, be accurate;
(ii) where they state opinions, be genuinely held;
(iii) comply with applicable law in the UK and in any country from which they are posted.
4.4 Contributions must not:
(i) contain any material which is defamatory of any person;
(ii) contain any material which is obscene, offensive, hateful or inflammatory;
(iii) promote sexually explicit material;
(iv) promote violence;
(v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(vi) include any materials created by a third party and/or which you did not create yourself unless you have a formal written licence from the third party in question;
(vii) infringe any copyright, database right or trade mark of any other person;
(viii) be likely to deceive any person;
(ix) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(x) promote any illegal activity;
(xi) be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
(xii) include any personal details (including any image of any other person) about anyone other than yourself (and you should be cautious about revealing your own personal details on our Site) unless you have written authority and licence from the person in question;
(xiii) be likely to harass, upset, embarrass, alarm or annoy any other person;
(xiv) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(xv) give the impression that they emanate from us, if this is not the case;
(xvi) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
4.5 You grant to us the non-exclusive right to use, copy, reproduce, adapt, modify, distribute, publish and disclose to third parties any contributions for any purpose including the purposes of operating our Site and throughout the world via our Site and any related activities. This means that you remain the owner (or licensee) of the intellectual property rights in and relating to your contribution and are free to deal with it as you choose.
4.6 You also waive any moral rights which you may have in relation to the contributions made to our Site.
4.7 We have the right to disclose your identity to any third party at our discretion who is claiming that any contribution posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
4.8 We will not be responsible, or liable to any third party, for the content or accuracy of any contributions posted by you or any other user of our Site.
4.9 Publication of any contribution you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication.
4.10 We have the right to remove any contribution, material or posting you make on our Site at our discretion and, without limiting the foregoing, if, in our opinion, such contribution does not comply with the terms above.
4.11 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.
4.12 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Site or any services provided via, or in relation to, our site (including the Death Notices services). This includes using (or permitting, authorising or attempting the use of):
● any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Site or any data, content, information or services accessed via the same; and/or
● any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
5. Monitoring and moderating
5.1 We are not under any obligation to oversee, monitor or moderate our Site. Subject to clause 9.1 of these terms and conditions, we expressly exclude our liability for any loss or damage arising from use of our Site by any user which is contrary to these terms whether we choose to moderate and/or monitor this Site or not.
5.2 We do not actively monitor contributions before they appear on the Site. We encourage open and active participation and if you are concerned about any contribution please see the “Complaints” section of these terms.
5.3 We would like our Site to be accurate, informative and incorporate quality content. We may monitor/moderate all contributions and make alterations at any time and at our discretion.
6.1 If you have any complaint about any contribution or other content on our Site please use the “Report Content” link in order to notify us or contact us at [email protected].
6.2 Your complaint will be dealt with by our team in accordance with our internal moderation and take down policy and guidelines in place from time to time. A member of our team will use reasonable endeavours to respond to you although you should be aware that we receive, review, investigate and deal with complaints only during our normal business hours.
6.3 We reserve the right to terminate your registration if we suspect any misuse of our complaints procedure.
7. Your indemnity
7.1 You indemnify us against all loss, damages, expenses (including legal expenses) and claims incurred by us (whether directly or indirectly and including as a result of any claim made against us by a third party) and arising in any way from your use of our Site and/or your failure to comply with these terms.
8. Intellectual Property Rights
8.1 With the exception of the contributions, we are the owner or the licensee of all intellectual property rights in and relating to:
(i) our Site; and
(ii) the Death Notices service; and
(iii) the material (including all logos, text and graphics) published on the Site; and
(iv) the software used to operate our Site
These works are protected by copyright and other intellectual property rights around the world. All such rights are reserved.
8.2 Subject to clause 8.7 below regarding your use of the Death Notices service (if applicable), you may print off one copy, and may download extracts, of any page(s) (other than those that make up the Death Notices service) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.
8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in accordance with clause 8.2 in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.4 Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
8.5 You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
8.6 If you print off, copy or download any part of our Site in breach of these terms and conditions, your registration and right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8.7 In relation to the Death Notices service, your licence depends on the category of user you are and the fees you have paid. The terms of the licence (and any applicable restrictions) will be notified to you during your registration.
9. DISCLAIMER AND LIABILITY
THIS IS AN IMPORTANT CLAUSE. ITS EFFECT IS TO LIMIT OUR LIABILITY UNDER THESE TERMS. YOU SHOULD READ IT CAREFULLY AND MAKE SURE YOU ARE HAPPY WITH IT BEFORE AGREEING TO THESE TERMS.
9.1 Nothing in these terms shall limit our liability for fraud or for death or personal injury caused by our negligence or in relation to any other liability which cannot be excluded or limited by law.
9.2. In relation to the Death Notices service, we warrant that it will operate substantially in accordance with its published specification and without any material defect during all hours when the Site is operational. Subject to the foregoing, the Site is provided on an “as is” and “as available” basis and we offer no warranty or representation of any kind relating to our Site, the site, any content or otherwise.
9.3 Subject to clause 9.1 and other than as stated in this clause 9, all implied terms, conditions or warranties are hereby excluded to the fullest extent permitted by law.
9.4 Whilst we make every effort to ensure the availability and accuracy of our Site and any content, we do not warrant the availability of our Site or the Death Notices service will be uninterrupted or that Site will be error or omission free.
9.5 We do not accept any responsibility for any use made of the Site or any of its content including the Death Notices service and we shall not be liable:
(i) in any circumstances for any loss of profits, loss or revenue, loss of or damage to goodwill, loss of customers, loss in connection with third party claims, or any indirect, special or consequential loss (even if the party concerned has advised of the possibility of such loss);
(ii) for any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond our reasonable control; and/or
(iii) for any other loss suffered in connection with the use of our Site or any content to the fullest extent that we may exclude or limit such liability under applicable law.
9.6 Subject to clauses 9.1 to 9.5 our total aggregate liability arising from any claim relating to the use or operation of our Site, including the Death Notices services, shall not exceed an amount equal to the total amounts paid or payable by you for your participation in the Site (if any).
10. Your personal information
11.1 We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our Site.
You may link to our home page or any other relevant page of our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13.1 If we fail, at any time, to insist upon strict performance of any of your obligations under any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.1 These terms are governed by British law. You agree to submit to the exclusive jurisdiction of the British courts provided that nothing in this clause will prevent us from taking any action in any court that has jurisdiction over you.
If you have any general enquiries about the Site or these terms and conditions, please contact [email protected].