PLEASE READ THESE LICENCE TERMS CAREFULLY
By downloading and also by using this App You are agreeing to be bound by these Terms and any such amendments made by us to these Terms from time to time. The Terms as amended will be posted on the Website and are available via this App. It is Your responsibility to ensure You are aware of the Terms current at any particular time and We recommend that You regularly check the Website to ensure You are aware of the Terms that apply at any particular time. Each time You use the App You are deemed to have agreed to the Terms current at the time of use of the App and You agree to comply with them.
IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD OR USE THE APP AND UNINSTALL ALL COPIES OF THE APP OFF YOUR DEVICES IF YOU HAVE ALREADY INSTALLED COPIES OF THE APP.
Who We are and what this agreement does
We, Funeral Zone Limited, of Beaufort House, 51 New North Road, Exeter EX4 4EP England, subject to the Terms, license You to use the App, the Services, the Website and the Documentation as permitted in these Terms.
We only use any personal data We collect through Your use of the App and the Services in the ways set out below:
For the purpose of the Data Protection Act 1998 (the Act), We are the data controller.
What information do We collect about You?
We may collect and process the following information about You:
- Information that You provide during the process of downloading the App, its use, or by corresponding with Us by e-mail or otherwise. This includes information provided whilst accessing any services which We may provide via the App. In particular, You should note We may record telephone conversations made to any telephone number published by Us for training and other purposes, please see ‘How will We use the information about You?’.
- We monitor customer usage of the App using analytic software which may include location, screen usage and your interaction with the App. We may also collect information about Your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from Our site (including date and time); the database pages You viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call Our customer service number. Where appropriate we may collect information relating to IP addresses and MAC addresses, operating systems, the networks used to connect to our Servers and time zones.
- We may receive information about You if You use any of the websites We operate or the other services We provide. We are also working closely with Affiliates, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies and may receive information about You from them.
How will We use the information about You?
We collect the information about You to provide the Services, manage Your account, including any other services or products that We may supply via the App from time to time, and if You agree, to email You about other products and services We or Our Affiliates provide.
We collect usage information about You when You use the Services. Save for how provided below, We will not share Your information with any third parties for marketing purposes.
Where You enter information for the purpose of allowing You to contact Our Affiliates We will pass on the information provided.
We may disclose Your personal information to third parties if We are under a duty to disclose or share Your personal data in order to comply with any legal obligation, or to protect the rights, property, or safety of Us or Our other customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection. We may also disclose Your personal information to any person, firm or company who acquires or proposes to acquire any relevant part of Our business to which Your information relates or in respect of which it is used.
Where We store Your personal data
Unfortunately, the transmission of information via the world-wide web is not completely secure. Although We will do Our best to protect Your personal data, We cannot guarantee the security of Your data transmitted and any transmission is at Your own risk.
We would like to send You marketing information about Our and Our Affiliates’ products and services. The App provides a function for delivery of Your consent. You have the right to ask Us not to process Your personal data for marketing purposes at any time. You can exercise Your right to prevent such processing at any time by contacting Us firstname.lastname@example.org or by sending a written request to Funeral Zone Limited, of Beaufort House, 51 New North Road, Exeter EX4 4EP
The App may, from time to time, contain links to and from the websites of Our Affiliates. If You follow a link to any of these websites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies. Please check these policies before You submit any personal data to these websites.
The Data Protection Act 1998 (the ‘Act’) gives You the right to access information We hold about You. Your right of access can be exercised in accordance with the Act. Should You wish to access the information We hold about You, please contact Us at the address provided above. Any access request may be subject to a fee of £10 to meet Our costs in providing You with details of the information We hold about You.
Other terms also apply
The ways in which You can use the App and Documentation may also be controlled by the App Provider from whom You downloaded the App rules and policies, and said rules and policies will apply instead of these Terms where there is an express conflict between the two.
Operating system requirements
To use this App Your mobile device will need to use either of the operating systems below:
From time to time new versions of iOS and Android may become available and We envisage that from time to time We may update the App to take advantage of newer versions of these two operating systems but We are not obliged to do so.
When a new version of the App is made available to run on a new version of the operating system, before updating Your App it is Your sole responsibility to ensure You have the appropriate new operating system successfully installed on Your device and that Your device is fully compatible with it.
It is envisaged that any new version of iOS or Android operating systems will be compatible with any app (including the App) designed to run with the appropriate older versions of the operating system but this cannot be guaranteed. Therefore, as You migrate to new versions of Your operating system You may also need to download a new version of the App to maintain access to the Services.
Each time We provide an Update or a new version of the App it will be designed to run with a specific version of the relevant operating system. It may run successfully with earlier versions of the same operating system but this cannot be guaranteed.
It is Your sole responsibility to ensure that You have the appropriate version of the App for the version of the operating system You are running on Your device.
Support for the App and how to tell Us about problems
Support. If You have any problems using the App please email email@example.com.
Contacting Us (including with complaints). If You think the App or the Services are faulty or incorrectly described or wish to contact Us for any other reason please email Our customer service team at firstname.lastname@example.org
How We will communicate with You. If We have to contact You We will do so by email, or by SMS, or via the App, using the contact details You have provided to Us.
How You may use the App, including how many devices You may use it on
In return for Your agreeing to comply with these Terms You may:
- download or stream a copy of the App onto any number of devices and view, use and display the App and the Service on such devices for Your personal purposes only. In addition You may share the App with others by sending them the link in the App to memoria.com/get-app;
- share a Memorial with another by sending them the relevant link in the App. If they already have the App on their device, the link will take them to the Memorial. If they do not have the App pre-installed on their device, the link will take them to memoria.com/get-app; they will have to search for the Memorial thereafter in the App;
- build and store the memories of Your loved one’s life within the App. You may add Your own memories and You may invite others to add their memories. You may Store Your memories in the App and You may choose Your level of privacy (from a selection provided) for Your memories;
- use any Documentation to support Your permitted use of the App and the Service; and
- receive and use any free supplementary software code or Update incorporating "patches" and corrections of errors as We may provide to You.
You must be 18 to accept these Terms and download the App
You must be 18 or over to accept these Terms and download the App.
You may not transfer the App to someone else
We are giving You personally the right to use the App and the Services. Whilst You may have sharing rights as set out above, seeHOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON, You may not otherwise transfer the App or the Services to someone else, whether for money, for anything else or for free. If You sell any device on which the App is installed, You must remove the App from it. Your use of the App is subject to these Terms and in particular You should note theLICENCE RESTRICTIONS andACCEPTABLE USE RESTRICTIONS.
Changes to these Terms
From time to time We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which We introduce, or some operational reason.
We will use Our reasonable endeavours to post a notice of the amended Terms on the Website at least 30 days before the date that such changes will come into effect but any failure on Our part to do so shall not be a breach of this agreement.
If You do not accept the new Terms You must not continue to use the App and the Service and You must uninstall the App from all the devices on which You have the App installed.
Update to the app and changes to the service
From time to time the App Provider or We may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively We may ask You to update the App for these reasons.
If You choose not to install such updates or if You opt out of automatic updates You may not be able to continue using the App and the Services.
Suspension of Service
From time to time We may need to deny access to the App or part thereof, or the Services may not function consequent to:
- a malicious attack on Our servers or the infrastructure used in providing the Services to You; such interruption may be immediate and without warning;
- a failure of Our servers or the infrastructure used in providing the Services to You; such interruption may be immediate and without warning;
- planned maintenance of Our servers or planned maintenance of the infrastructure used in providing the Services to You. Where possible, We will use reasonable endeavours to post advanced notice on the Website but Our failure to do so shall not be a breach of the Terms;
- We may suspend or withdraw or restrict the availability of all or any part of the Services including the editing or removal of a Posting or of content for legal, business and operational reasons or where You are in breach of these Terms without notice;
- We may edit or remove a Posting or content at our sole discretion where in our opinion the Posting or content does not meet our standards of quality or we consider for any reason whatsoever it not to be an appropriate use of the App;
- We may without notice at any time change the look, feel and functionality of the App or the Services, or cease to support the App or provide the Services indefinitely;
and You will hold Us harmless in respect of all such changes, interruptions or terminations in the Services and the said interruptions or any termination of the Services shall not constitute a breach of this Agreement.
We do not guarantee that Our servers are free from viruses or any other form of malware or will be.You must use Your own virus protection software. You must ensure Your virus protection software is up to date at all times.
The App is for users in the United Kingdom
You shall ensure that all of Your Postings made using the App complies with all relevant UK law at all times. Further You shall not make available any regulated item, information or service of any kind using the App or via the Website other than in full compliance with all relevant laws and regulations and excepted best practice applicable in the UK.
You acknowledge, agree and accept that We do not own or control the local circuit link, leased co-location space, leased space cross-connects, telecommunications systems or internet service provider partners providing connectivity to the App, its supporting infrastructure, other networks outside of the connectivity to the App, or Our internet service provider partners, or the “Internet”, nor are We responsible for performance (or non-performance) of such networks or interconnection points.
To the fullest extent permissible by law but not otherwise, We expressly exclude any warranty that, save for this clause, may be implied as to satisfactory quality, fitness for a particular purpose, title, non-infringement or interference or reliability, timeliness of the Website or App, its content or any service provided by Us through or in conjunction with the App.
If someone else owns the phone or device You are using
If You download or stream the App onto any phone or other device not owned by You, You must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not You own the phone or other device.
We may collect technical data about Your device
By using the App or any of the Services, You agree to Us collecting and using technical information about the devices You use the App on and related software, hardware and peripherals to improve Our products and to provide any Services to You.
We may collect location data (but You can turn location services off)
From time to time We may offer certain Services that will make use of location data sent from Your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If You use these Services, You consent to Us and Our Affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of Your location data and queries to provide and improve location-based services.
You may stop Us collecting such data at any time by turning off the location services settings on the device.
We are not responsible for other websites You link to
The App or any Service may contain links to other independent websites (including the websites of our Affiliates) which are not provided by Us. Such independent sites are not under Our control, and We are not responsible for and have not checked and approved their content or their privacy policies (if any).
Our Affiliates’ websites may also contain links to other independent websites and We are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make Your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
The Website is directed to people residing in the United Kingdom (‘UK’). We do not represent that its content is appropriate for use or available in other locations.
You agree that You will:
- except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from Us;
- not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services, or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by You during such activities:
- is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
- not attempt to gain unauthorised access or to circumvent, disable or otherwise interfere with any security feature of the App or any system, program, hardware, firmware or software used by Us directly or indirectly in delivering the Services provided via the App whether to You or third parties.
Acceptable use restrictions
- irrevocably agree that We are merely a host of any content or data that You upload to Our servers using the App;
- must not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Services or any operating system or Our servers;
- must not infringe Our intellectual property rights or those of any third party in relation to Your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these Terms);
- must not use the App to upload or transmit any material that may be considered to:
- contain or promote violence, sexual material or the use of alcohol or drugs or any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- impersonate any person, or to misrepresent Your identity or affiliation with any person;
- give the impression that they emanate from Us, if this is not the case;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- harass, upset, embarrass, alarm or annoy any other person or is defamatory, offensive or otherwise objectionable;
- must not use the App or any Service in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users;
- must not collect or harvest any information or data from the Service or Our systems or attempt to decipher any transmissions to or from the servers running the Service or any services We provide to You or any third party;
- must not use the App to create a Memorial of any third party other than a person who is deceased;
- must not use any information or image You obtain through use of the App or the Services for any commercial use whatsoever or provide the same to any other person knowing or believing that it is likely that they will use it for commercial purposes; and
- agree to indemnify Us on a full indemnity basis for any losses We sustain directly or indirectly consequent of Your breach of these Acceptable Use Restrictions including Our costs enforcing Our right to this indemnity.
Without prejudice to the above, any content You add to Your or any Memorial or content elsewhere using the App:
- must be accurate (where facts are stated);
- opinions (where stated) must be genuinely held;
Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to Us and the rights in the App and the Services are licensed (not sold) to You. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these Terms.
You agree to indemnify Us on a full indemnity basis for any losses We sustain directly or indirectly consequent of Your breach of any third party intellectual property right including Our costs enforcing Our right to this indemnity.
Third party intellectual property rights
If You believe any intellectual property right that You have has been infringed by any Memorial or content within the Memorial or any other content on Our servers, please note that a copyright infringement notice and instructions are available on the Website.
Our responsibility for loss or damage suffered by You
We are responsible to You for foreseeable loss and damage caused by Us. If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking these Terms or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time You accepted these Terms, both We and You knew it might happen.
We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When We are liable for damage to Your property. If defective digital content that We have supplied damages a device or digital content belonging to You, We will either repair the damage or pay You compensation. However, We will not be liable for damage that You could have avoided by following Our advice to apply an update offered to You free of charge or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.
We are not liable for business losses. The App is for domestic and private use. If You use the App for any commercial, business or resale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity or reputation or goodwill.
Limitations to the App and the Services.
The App and the Services are provided for the creation of a Memorial for a loved one who is no longer living and no other purpose. They do not offer advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although We make reasonable efforts to update the information provided by the App and the Service, We make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App.
We recommend that You back up any content and data used in connection with the App, to protect Yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for You.
The App and the Services have not been developed to meet Your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the App Provider site and in the Documentation) meet Your requirements.
We are not responsible for events outside Our control.
If Our provision of the Services or support for the App or the Services is delayed by an event outside Our control We will not be liable for delays caused by the event. In the event that We believe that the service interruption will last for some time, We will use Our reasonable endeavours to inform You via the Website of the reasons for the service interruption and Our estimate when normal services will be resumed.
We may end Your rights to use the App and the Services if You break these Terms
We may end Your rights to use the App and Services at any time by contacting You if You have broken these Terms in any way that is not a trivial technical breach of these Terms.
If We end Your rights to use the App and Services:
- You must stop all activities authorised by these Terms, including Your use of the App and any Services.
- You must delete or remove the App from all devices in Your possession and immediately destroy all copies of the App which You have and confirm to Us that You have done this.
- We may remotely access Your devices and remove the App from them and cease providing You with access to the Services.
We may transfer this agreement to someone else
We may transfer Our rights and obligations under these Terms to another organisation. We will always tell You if this happens and We will ensure that the transfer will not affect Your rights under the contract.
You need Our consent to transfer Your rights to someone else
You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the Terms shall, if possible, be changed and interpreted so as to best accomplish the commercial objectives of such term within the limits of applicable law, the remaining paragraphs will remain in full force and effect.
Even if We delay in enforcing this contract, We can still enforce it later
Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these Terms, or if We delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.
Which laws apply to this contract and where You may bring legal proceedings
These Terms are governed by English law and You can bring legal proceedings in respect of the products in the English courts. If You live in Scotland You can bring legal proceedings in respect of the products in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Alternative dispute resolution
In using this App You have warranted that You are a consumer. If You have a complaint about the App or the service provided by Us in supporting the functionality of the App and You have exhausted Our complaints process but Your complaint has not been resolved to Your satisfaction, You have the legal right to submit Your complaint to the ‘Online Dispute Resolution’ platform set-up by the European Commission.
To access the platform please click on the following link:
You can submit a dispute to a UK-based Alternative Dispute Resolution provider.
A list of UK certified Alternative Dispute Resolution providers is available on the UK Chartered Trading Standards Institute website:
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court.
- means any company that is a group company of Ours, any supplier of services to Us or customer of Us or any business that provides services that can be connected to using either the Website or the App.
- means any company that is a group company of Ours, any supplier of services to Us omeans the Memoria mobile application and any updates or supplements to it.
- App provider
- means the store or place on the worldwide web or such other place from where you downloaded the App. For example, Apple Inc.’s App Store.
- means the related online or electronic documentation available either through the App or on the Website.
- means a memorial for a person created using the App or any part thereof including any Postings made to it.
- means belonging to Us.
- means any posting of content using the App including but not limited to the creation of a Memorial, the posting of photographs, videos, music, sound recording, artwork, or text to a Memorial or elsewhere. Postings means more than one Posting whether such Postings are to one location or more than one.
- means the services that can be accessed using the App or can be shared with others.
- means the terms as set out herein and as amended by Us from time to time.
- means Funeral Zone Limited, of Beaufort House, 51 New North Road, Exeter EX4 4EP England.
- means Us.
- means www.memoria.com
- means you.
- means belonging to You.