1. Definitions
- 1.1. “Site” means www.thefarewellguide.co.uk, The Farewell Guide Limited, any subdomain or any other websites operated by us
- 1.2. “we”, “us”, “our” or “The Farewell Guide ” means The Farewell Guide Limited is a registered society registered in England and Wales with registered number 12255796 or one of its group undertakings as follows, each of which is registered in England and Wales and has its registered office at The Fuel Tank (A4) Creative Road, London, United Kingdom, SE8 3LE “customer”,
- 1.3. “you” means a user of our site looking to plan a funeral.
- 1.4. “Provider” means the funeral directors/partners we partner with
- 1.5. “Product” means funeral and related services that our Providers offer
2. Your acceptance of these terms
- 2.1. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.
- 2.2. We may amend these terms from time to time, so every time you wish to use our site, please check these terms.
3. Legal
- 3.1. If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these Terms of Use and the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected.
- 3.2. These Terms of Use, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and us relating to your access to and use of the Site and supersede any prior agreements (including any previous terms of use of the Site).
- 3.3. No failure or delay by us in exercising any right under these Terms of Use will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.
- 3.4. These Terms of Use and your access to and use of the Site shall be governed by and interpreted in accordance with English law.
- 3.5. Each of you and us submits to the exclusive jurisdiction of the courts of England and Wales in connection with these Terms of Use and your access to and use of the Site (including any claims or disputes).
4. Our service
- 4.1. We provide an independent supportive online service that enables you to record funeral plans/wishes as well as research and compare funeral products, services, and prices provided by third parties. The Farewell Guide does not sell any products. Our comparison service is free for you to share and use.
5. Permitted use
- 5.1. You may use our site only for lawful purposes. All information that you provide to us must be true, accurate, current, and complete in all respects. You will notify us as soon as possible of any changes to such information. You may not use our site:
- 5.1.1. in any way that breaches any applicable local, national or international law or regulation.
- 5.1.2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- 5.1.3. for the purpose of harming or attempting to harm minors in any way.
- 5.1.4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- 5.1.5. to send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms of use;
- 5.1.6. to reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms of use; or
- 5.1.7. to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site or any equipment or network or software owned or used by any third party.
- 5.1.8. if you are knowingly introducing viruses, trojans, worms, logic bombs or other material that 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. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will inform those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
- 5.2. Our Site is intended for use only by customers who are located in the UK. We make no warranty or representation that any Product and/or any service we provide is available or otherwise appropriate for use outside of the UK. If you choose to use the Site from locations outside the UK, you do so at your sole risk and you are responsible for compliance with all applicable local laws.
- 5.3. Our Site is intended for the use of customers aged 18 or over only.
- 5.4. You may operate a link to the Site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by us. You must not operate a link to the Site in such a way as to suggest or imply any form of association, approval, or endorsement by us. We reserve the right to require you to remove any link to the Site immediately and at any time and we may withdraw any linking permission at any time.
- 5.5. We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for
6. Intellectual Property
- 6.1. We are the owner of the licensee of all intellectual property rights on our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 6.2. You may use our site for non-commercial and personal use. You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. You may print individual pages and may download extracts, of any page(s) from our site for your personal and private use.
- 6.3. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- 6.4. If you print off, copy or download any part of our site in breach of these terms of use, your 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. This includes printing a substantial number of pages from our website, which in our reasonable opinion suggests a commercial, non-personal use
7. Payments
- 7.1. As part of our agreement with the Funeral Director partners, we receive a membership fee from Funeral Director partners for their extended use of the site and access to enhanced management reporting tools. This allows us to offer this free service to consumers.
8. Your Personal Information
- 8.1. Funeral Planning Service & Communication Tool
Our service allows you to search for funeral providers and outline your wishes for now or the future. You can review funeral price estimates, services, reviews, and more, as well as view pricing based on the Providers' standardised price lists and or websites. You can then conveniently compare and then share your funeral wishes with funeal directors and Providers, allowing them to contact you with precise pricing and service levels. To do this, you will need to provide certain information on our site.
These questions are designed to ensure that we, along with all relevant Providers, have the necessary details to offer you timely and appropriate information regarding your funeral options. The specifics of your funeral wishes and the estimated costs will be driven by the information you provide while using our site’s tools and search capabilities.
When you click the 'Request & See Price' button on the search results, your details related to the funeral wishes you are researching, along with your contact information, will be shared with your selected Provider. This allows them to provide you with prices and information on their services, which they will do directly. This process ensures that you receive tailored support and information based on your specific funeral wishes. The funeral providers will discuss in detail your funeral wishes and ensure the suitability and affordability directly.
- 8.2. The Farewell Guide records basic funeral wishes, full details of funeral wishes should be discussed directly with funeral poviders. The Farewell Guide does not sell any products.
- 8.3. Before you obtain any Product from a provider, you must check all the information, content, material, or data the provider holds about you to ensure it is correct, complete, accurate, and not misleading and that you have disclosed all relevant facts. It is your responsibility to identify and correct any mistakes or errors in the information, content, material or data before you obtain any Product. Failure to do so could invalidate the Product.
- 8.4. You must get permission from any other person whose information you intend to provide on the Site before you provide it. In submitting any other person's details, you are confirming to us that you have their permission to do so and that they understand how their details will be used.
9. User Content
- 9.1. Whenever you use a feature that allows you to upload content to our site, or contact other users of our site, you must comply with the standards set out in these terms of use. You must ensure that your User Content is not used to:
- 9.1.1. promote or encourage illegal activity;
- 9.1.2. do anything that is unlawful, harmful, fraudulent, threatening, defamatory, embarrassing, distressing, infringing, abusive, inflammatory, intimidating, harassing, libelous, stalking, profane, obscene, indecent, inappropriate, hateful, discriminatory or racially, ethnically, sexually or otherwise objectionable or for the purpose of harming or attempting to harm minors in any way;
- 9.1.3. do anything which violates the rights of others (such as rights of privacy);
- 9.1.4. impersonate any other person or falsely state or otherwise misrepresent yourself;
- 9.1.5. upload, post, transmit, distribute, share, store, or otherwise make publicly available any personal information of any other person including names, addresses, phone numbers, and email addresses without their consent;
- 9.1.6. upload, post, transmit, distribute, modify, reproduce, share, store or otherwise make publicly available any information, material, data or content that infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
- 9.1.7. send any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters' or any other form of such solicitation; or
- 9.1.8. post links to alternative community groups or forums except with our prior written consent.
- 9.2. We reserve the right, but have no obligation, to review or monitor any User Content. We are not responsible or liable for the review or monitoring of any User Content.
- 9.3. We reserve the right to close, delete, edit, refuse to post, amend, modify or remove (without notice) any User Content at our sole discretion for any reason, including but not limited to User Content that in our sole opinion breaches these Terms of Use.
- 9.4. You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide (including User Content) is free from viruses and anything else which may have a harmful effect on any part of the Site or the websites of third parties or any other technology
- 9.5. You waive your moral rights to the extent permitted by law in your content. This means that we do not need to identify you as the author of any content, and you cannot object to any derogatory treatment.
- 9.6. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
- 9.7. We will not be responsible to you for any loss of material uploaded or transmitted through our website.
- 9.8. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but by submitting your content, you grant us and each of our group companies a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, transferable licence to use, store, copy, reproduce, edit, adapt, distribute, prepare derivative works of, display, make available and communicate your content (in whole or in part) or incorporate it in works in any other form now or in the future. You warrant that you have the right to grant this licence.
- 9.9. Our site may include third-party content. This third-party content has not been verified or approved by us and we are not liable or responsible for any such content. The views expressed by any third party on our site do not represent our views or values.
- 9.10. If you wish to complain about information and materials uploaded by other users or have any questions on our User Content policies, please contact us at hello@thefarewellguide.co.uk
10. Suitability of Products
- 10.1. The Products displayed on our Site are not provided by us but by third parties over whom we do not have control.
- 10.2. You should always check the suitability, adequacy and appropriateness of the Product that is of interest to you. It is your responsibility to satisfy yourself that you wish to obtain any Product before applying for it. If you are in any doubt as to the suitability, adequacy or appropriateness of any Product referred to on the Site, we suggest that you seek independent professional advice before you obtain it.
- 10.3. The Site provides information on a range of products and services, but there may be other products or services available on the market which are not shown on the Site and which may be more appropriate or suitable for you than those shown on the Site.
11. Third party websites and services
- 11.1. Your acceptance to use any Products will be subject to the Provider's own terms and conditions (which will be different from ours). It is very important before you accept any Product that you carefully read the accompanying terms and conditions, the Provider's terms and conditions and any other documentation that applies to the Product.
- 11.2. Any links to third-party websites on our Site or in our emails are provided for your interest and convenience only. These websites are owned and operated by third parties over whom we do not have control. We do not endorse, recommend or accept responsibility for such third parties, their products or services, their websites or for any information, opinions or views given or advice provided by such third parties (whether on their websites or otherwise).
12. The information on our Site
- 12.1. We aim to ensure that the material on the Site (excluding, if applicable, any User Content) is accurate. We also try to correct any errors or omissions as soon as we can after being notified of them. However, we are not able to guarantee that the material on the Site is accurate and free from errors or omissions at all times. We reserve the right to add, amend, delete, edit, remove or modify any information, content, material, or data displayed on the Site at any time and without notice.
- 12.2. Nothing on the Site is advice or a recommendation or endorsement by us in respect of any Product referred to on a Site. Information on the Site is provided for general information purposes only, should not be relied upon by you, and is provided so that you can select the Product or Provider that you feel is most appropriate to meet your needs.
- 12.3. The information and descriptions of Products on the Site may not represent the complete descriptions of all the features and terms and conditions of those Products. You must ensure that you carefully read all the features and terms and conditions (including those contained on the Provider's Site) of any Product before commiting to a Product.
- 12.4. Some of our channels provide you with access to third-party websites that host reviews about products and services. Sometimes you may also be able to access user reviews directly on the Sites. The views expressed in any such reviews do not represent our views or the views of our associated companies.
13. Availability of the Site
- 13.1. Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
14. Exclusions of our liability
- 14.1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our site.
- 14.2. 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 and for fraud or fraudulent misrepresentation.
- 14.3. Subject to the paragraph immediately above, we do not accept any responsibility or liability for any loss or damage you may incur:
- 14.3.1. if any information, content, material or data you provide on the Site is not correct, complete and accurate, or if it is misleading, or if you fail to disclose all relevant facts;
- 14.3.2. in the event that any Product you apply for does not meet your requirements or is not suitable for you;
- 14.3.3. in connection with the accuracy or content of any reviews of products or services displayed on our Site or on any other website that you may access via our Sites;
- 14.3.4. for any acts, omissions, errors or defaults of any third party in connection with that product or service;
- 14.3.5. which are indirect or not foreseeable by us when you accessed or used the Site; or
- 14.3.6. arising from an inability to access the Site, from any use of the Site or from reliance on the data transmitted using the Site where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet.
- 14.4. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
15. Complaints
- 15.1. We aim to provide you with an excellent service at all times. If you are unhappy with our service for any reason, please email the Team at complaints@www.thefarewellguide.co.uk. We will aim to send you a formal acknowledgement of your complaint within 48 hours and to resolve it as soon as possible. After we have had an opportunity to investigate your concerns, we will issue you with a final response.
- 15.2. If you are unhappy with any product or service you have obtained from a third party or have any complaint regarding any third party, you should address your complaint directly to that third party. If you require their contact details, please contact our Customer Services Team on hello@thefarewellguide.co.uk who will be happy to help. The Farewell Guide, The Fueltank, Creative Road, London SE8 3LE.