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Terms and Conditions for the Use of this Site 

Please read these terms and conditions carefully. They contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.

1. Introduction

1.1 Please read these terms and conditions carefully before using this website.

1.2 This website is operated by Deceased Online Limited ('the Company', 'our', 'we' or 'us'). The Company is registered in England and Wales under Company Number: 06278531 and its VAT registration number is GB 932 7316 27. The registered office of the Company is at 20 Davigdor Road, Hove, BN3 1TT, UK.

1.3 By clicking on the 'I Accept' button in relation to these terms and conditions when you register or by accessing or using this website ('our website') you agree to be legally bound by these terms and conditions, as they may be modified and posted on our website from time to time.

1.4 If you do not wish to be legally bound by all of these terms and conditions then you may not use our website.

2. Nature of our website and basis of contract

2.1 Our website is a place for you to search for, view and download UK and Ireland burial and cremation register and associated records including digital images (the 'Materials') compiled and maintained by participating contributing parties ('Contributors'). Our website describes the Materials in more detail.

2.2 Contributors include without limitation:

a) Local Authorities;
b) Public and private crematoria;
c) Public and private cemeteries and burial grounds;
d) Any other contributing party whose materials we choose to make available via our website from time to time.

2.3 Depending on the identity of Contributors we either:

a) Act as agent for Contributors in the supply of Materials ("Agent"); or
b) Act as principal ("Principal") in the supply of Materials.

In either of 2.3(a) or 2.3(b) our website is the online portal via which you may purchase rights of access to Materials on the terms of and subject to the conditions set out herein.

The following link on our website provides information regarding those Contributors for whom we act as Agent or Principal as the case may be: Contributors

2.4 By purchasing rights of access to Materials via our website:

a) Where we act as Agent you are entering into a contract with the Contributor which has compiled and maintained the Materials accessed. No contractual relationship exists between you and the Company for your access to the Materials.
b) Where we act as Principal you are entering into a contract with the Company for the supply of Materials compiled and maintained by the Contributor.

2.5 Please note that the Materials on our website are available only to individuals who can form legally binding contracts under applicable law. You must be eighteen (18) years or over to view and/or download the Materials, using one of the payment methods displayed on our website. If you do not qualify, you may not use this website.

3. Registering on our website

3.1 To view and download Materials from our website, you must first register on our website. The registration procedure is described in detail on our website.

3.2 When registering on our website, you will need to supply us with certain personal information. Please see section 4 of these terms and conditions and our privacy policy for more about the personal information that you provide to us.

3.3 When you register on our website we will create an account for you. This account is for your exclusive use on the terms and subject to the conditions set out herein. You should not allow anyone else to use your account for the purposes of accessing our website.

3.4 When you register, you will have to choose a password. This password is personal to you alone and you should not disclose it to anyone else. You will need to use the password to access our website and to view and download Materials. You should not allow anyone else to use your password for the purposes of accessing our website, and you should let us know if you think that anyone else has discovered your password or if you think that your password is, or may be, used in a way that is not allowed under these terms and conditions.

4. Information you provide to us

4.1 The following applies to any information you provide to us, for example during any registration or purchasing process:

(a) You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our 'Partner Companies'). These Partner Companies may be located in countries outside the EEA that do not have laws to protect your information. Details of the companies and countries involved in your case (if any) will be provided on request. If you would like to request such information, then you should email us at admin@deceasedonline.com or use the "Contact Us" facility on our website.

(b) If you view and/or download Materials through our website then we may collect information about your viewing and purchasing behaviour and if you send us personal correspondence such as emails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as 'the Purposes'). All such information collected by us shall be referred to in these terms and conditions as 'Personal Information'.

(c) You must ensure that the Personal Information you provide is accurate and complete and that all registration and purchasing details (where applicable) contain your correct name, address and other requested details. You guarantee that when using our website you will not impersonate anyone other than yourself nor use a false name or false address or any other personal information that is not true or which you are not entitled to use.

(d) When providing Personal Information to us using our website, you must use the form on the "My Account" page or the message facility on the "Contact Us" page, which are secure methods of transmitting information. Emails should not be used to send sensitive information to us, as they are not secure.

For more information about how we deal with your Personal Information, please read our privacy policy.

4.2 By accepting these terms and conditions, you agree to the processing and disclosure of your Personal Information for the Purposes.

4.3 If you would like to review or modify any part of your Personal Information, then you can do this by one of the following methods:

(a) log into our website, click on the "My Account" link, and follow the instructions there; or
(b) email us at admin@deceasedonline.com (but do not include any sensitive information such as password or credit card details); or
(c) write to us at 20 Davigdor Road, Hove, BN3 1TT, UK.

4.4 You undertake that all details you provide to us for the purpose of purchasing Materials which may be offered by us on our website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

4.5 You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.

5. Modifications to website

5.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content, and/or the offering of new Materials and/or the release of new software tools or resources shall be subject to these terms and conditions.

5.2 Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.

6. Purchasing Vouchers from our website

6.1 You can view and/or download Materials on our website only if you have purchased Pay-Per-View Vouchers or a Subscription Voucher through our website, by credit card or debit card. Details are on our website in the Help section.

6.2 Once you have registered on our website, you can purchase Vouchers at any time by logging in to our website and selecting "Purchase Vouchers" from the "My Account" or home page sections of our website.

6.3 Vouchers exist only as items in your account; they do not exist physically.

6.4 Pay-Per-View Vouchers are available for different prices as listed in the current Pricing Schedule, and Pay-Per-View Vouchers may be spent on our website for a period of 6 months, starting from the time your card transaction to purchase them is authorised.

6.5 From time-to-time and at our sole discretion we may credit your account with Bonus amounts when you purchase higher-priced Pay-Per-View Vouchers, where the amount of the Bonus is dependent on the value of the Voucher. The current Bonus amounts are shown in our Pricing Schedule. Bonus and Voucher balances will be shown separately in your account, and deductions will be made from Bonuses and associated Vouchers in payment for viewing of Materials. The ratio of such deductions will be the same as the ratio of Bonus value to Voucher value for each Voucher. Bonuses are redeemable only for purchasing views of the Materials, and have no other cash value.

6.6 We will use your Pay-Per-View Vouchers and any associated Bonuses for the purchase of access to the Materials strictly in the order in which the Vouchers were purchased, irrespective of the value of each such Voucher.

6.7 The cost to view and/or download any particular Materials will be made clear on our website. The cost to view and/or download certain Materials may differ from other Materials.

6.8 When you spend Pay-Per-View Vouchers to view a chargeable item of the Materials, you may view that item again as many times as you wish, for no additional charge, for a period of 6 months after the initial viewing.

6.9 Purchases of Vouchers cannot be refunded. If there are any wholly or partly unused Pay-Per-View Vouchers in your account after your 6 month period expires, these Vouchers will be deleted from your account. However, if you purchase any further Pay-Per-View Voucher(s) during that 6 month period, then this will extend the expiry date of the original Pay-Per-View Vouchers which will then be the same as the expiry date of the new Voucher(s). If you purchase more vouchers within 6 months of any unused voucher amount expiring, the unexpired amount will be reinstated to your account.

6.10 Subscription Vouchers are available at the price shown in the current Pricing Schedule. Subscription Vouchers last for 12 months and allow access with no further payment to the Materials, with certain exceptions as listed from time-to-time in our Help section here. To view these exceptions you will need to purchase Pay-Per-View Vouchers. Subscription Vouchers are held un-spent until the end of the subscription period, when a VAT invoice will be available for all the records viewed, and the Subscription Voucher will be used to pay the invoice.

6.11 When you view an item of the Materials with a Subscription Voucher, you may view that item again as many times as you wish, for no additional charge, for a period of 6 months after the end of the subscription period.

6.12 If when you purchase a Subscription Voucher there are any Pay-Per-View Vouchers in your account which are due to expire before the end of the subscription period, their expiry date will be made the same as the Subscription Voucher expiry date.

6.13 We will process your purchase of Vouchers as soon as the payment has been authorised by your credit or debit card issuer. There is a legally binding contract for the purchase of Vouchers only when an email confirming your purchase of Vouchers has been sent to the email address which you have provided to us in registering on our website or any subsequent email address notified to us by you. You cannot cancel a purchase of Vouchers once a legally binding contract for the purchase of Vouchers has been concluded.

6.14 Monies received by us for Vouchers purchased by you which remain unused from time to time shall be held by us until such time as unused Vouchers are used by you or expire pursuant to clause 6.9.

6.15 For the avoidance of doubt monies received by us for Vouchers are not refundable in any circumstances.

6.16 Once you have purchased a Subscription Voucher or at least one Pay-Per-View Voucher you will be given access to the website's Advanced Search facility which allows you to refine your search criteria by record type and location.

7. Payment

7.1 Payment for Pay-Per-View Vouchers or a Subscription Voucher can be made by credit card or debit card.

7.2 All payments are processed securely.

7.3 We accept most major credit and debit cards, including Visa, MasterCard, Switch, Maestro, Solo, Visa Debit and Delta.

7.4 All currency amounts appearing on our website or in any documents produced by or in connection with our website are in Pounds Sterling, and your credit card or debit card will be charged in Pounds Sterling.

7.5 VAT at the current applicable rate within the United Kingdom is included in the prices quoted on our website for Materials as follows:

(a) Where we are facilitating access to Materials as Principal then the prices quoted on our website include VAT.

(b) Where we are facilitating access to Materials as Agent then certain items of the Materials are outside the scope of United Kingdom Value Added Tax which will not be charged on the amount of your payment to view these items. The prices of all cremation-related items, and headstone collections, will include VAT; prices for all other burial-related items will not include VAT.

The prices quoted on our website are payable in full regardless of the Country from where you access our website.

7.6 If your credit card or debit card issuer does not for any reason authorise payment to us, then your attempted purchase of Vouchers will not be processed by us.

7.7 Where Materials include third party licensed materials, the prices quoted on our website include any royalty payments due and we shall account to the relevant third party licensor for such royalty payments.

8. Security

You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify the Company immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

9. Applicability of online materials and Indemnity

9.1 Our website is controlled and operated by us from our offices in England. Where content published on our website is supplied by third parties, such as Materials, you acknowledge and agree that we do not control or endorse such content in any way. All content which is offered by third parties, including Contributors, that are not affiliated with or otherwise connected with us is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published online or offline).

9.2 We have used our reasonable endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so at their own risk and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any Materials or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your non-UK jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.

9.3 The Company makes no representations and gives no warranties, express or implied that making the Materials available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or Regulations. Accordingly, if making the Materials or any part available in your jurisdiction to you (by reason of nationality, residence or otherwise) is prohibited, those Materials are not offered to you for viewing and/or download. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to view and/or download the Materials. The Company accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted viewing and/or download of the Materials by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

9.4 You agree to fully indemnify, defend and hold the Company and its officers, directors, employees, agents and suppliers harmless, from and against all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of any breach of these terms and conditions by you, any act or omission by you and any other liabilities arising out of your use of our website or the use by any other person accessing our website using your username, password and/or your Personal Information.

10. Copyright and use of our website

10.1 The contents of our website including the Materials are protected by international copyright laws and other intellectual property rights. The owner of these rights is the Company, its affiliates or other third party licensors as the case may be. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us.

10.2 You may download Materials with Vouchers purchased from our website. You may incorporate any Materials downloaded from our website in accordance with these terms and conditions into documents or other files, whether in printed or electronic or other format now known or yet to be developed (including without limitation files created using family history/genealogy software) and may share such documents and files.

10.2.1 With the exception of certain maps the use of which is restricted by third party Licensors, you may incorporate Materials (including maps with no usage restrictions) printed directly from, or downloaded from, our website in accordance with these terms and conditions into documents or other files, whether in printed or electronic or other format now known or yet to be developed (including without limitation files created using family history/genealogy software) and may share such documents and files.

10.2.2 Restrictions on use apply to maps which are derived from Ordnance Survey maps and for which we pay Ordnance Survey royalties to publish on our website (OS Licensed Maps). Where such restrictions apply, we will display an appropriate warning before you access the map(s) and you will have to agree to the following restrictions before you can access them:

(a) You are permitted to keep indefinitely OS Licensed Maps obtained from our website in paper and electronic form and make copies of them providing they are for your personal non-commercial use only.

(b) If you are selling-on OS Licensed Maps obtained from our website, in paper or electronic form, including as parts of larger works or collections, then if you wish to retain copies of such maps after you have sold them you must first obtain a Paper Map Copy Licence from Ordnance Survey (obtainable here: www.ordnancesurvey.co.uk/oswebsite/business/copyright/purpose/internaluse.html) and agree to abide by its terms and conditions. You must not remove any copyright notices from maps before selling them on.

10.3 If you modify any Materials downloaded from our website, you must not expressly or impliedly indicate that such Materials were obtained from our website in that form.

10.4 You agree that you shall not, and shall not assist or facilitate any third party to, systematically extract and/or re-utilise parts of the contents of our website, and in particular you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of our website. You may not create and/or publish your own database that features any substantial part of the content of our website.

11. Linked sites

The Company make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from the Company and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that the Company endorses or accepts any responsibility for the content, or the use of, such a website and the Company shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

12. Availability of our website

12.1 We will use our reasonable endeavours to make our website available but give no warranty that our website will operate continuously or without interruptions or be error free and we accept no liability for its unavailability.

12.2 You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

12.3 If our website is unavailable for a continuous period of 24 hours or more, we will extend the duration of any current Vouchers by the period during which our website remains continuously unavailable.

12.4 You acknowledge and agree that the number of records and digital images making up the Materials will vary from time to time, and may decrease as well as increase. Before registering on our website or purchasing Vouchers you can find out the size of the Materials and which burial authorities and crematoria they are from on the "Participating Cemeteries and Crematoria" page of our website.

13. Limitation of Liability

13.1 Whilst we shall use our reasonable endeavours to ensure that Materials and other website content is error free and accurate in all material respects, this condition 13 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, consultants, and subcontractors) to you in respect of:

a) any breach of these terms and conditions;
b) any use made by you of the Materials or other website content or any part of them; and
c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Materials or other website content.

13.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from any contract pursuant to which you access Materials or other website content.

13.3 Nothing in these terms and conditions limits or excludes our liability:

a) for death or personal injury resulting from negligence; or
b) for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.

13.4 Subject to condition 13.2 and condition 13.3:

a) We shall not be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

b) Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of any of our obligations pursuant to these terms and conditions shall be the price paid for the Materials.

13.5 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any Materials available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

13.6 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and apply to the maximum extent permitted by applicable law.

14. General

14.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 14.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.

14.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on our website regularly. We will endeavour to notify you by email of changes to these terms and conditions, and within 7 days of having received any such notice, you may terminate your registration with our website and claim a refund of any then current Vouchers that you may have. We will not be liable for any failure to expressly notify you by email of any change to these terms and conditions.

14.3 These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and the Company. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by the Company or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in these terms and conditions, privacy policy, order form and payment method instructions.

14.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

14.5 These terms and conditions and your use of our website are governed by English law and you submit to the exclusive jurisdiction of the English courts.

14.6 Except in respect of a payment obligation, neither you nor the Company will be held liable for any failure to perform any obligation to the other due to causes beyond your or the Company's respective reasonable control.

14.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

14.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

15. Notices

15.1 A notice shall only be valid if given:

(a) to us via email at info@deceasedonline.com or by post at 20 Davigdor Road, Hove, BN3 1TT, UK; or
(b) to you at either the email address or postal address you provide during registration on our website or subsequently provided to us by amending your Personal Information.

Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting if posted in the same country as that in which the recipient is located, or seven (7) days after the date of posting if posted in a different country from that in which the recipient is located.

16. Replacement

These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or viewing and downloading of the Materials.

 
© 2017 Deceased Online Ltd.