Online Funeral Designer
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the online funeral designer section of the markbatesltd.com website ("the website") operated by Mark Bates Limited ("us", "we", or "our"). These terms are an extension of the terms covered in our Terms of Service.
Customers who have an active Golden Charter pre-paid funeral plan purchased through Mark Bates Limited are entitled to use the Online Funeral Designer section of the website. This part of the website offers free storage of information to users about their advanced funeral wishes. Information is input via this website.
1. Online Funeral Designer General
You should always preserve the information you input into the website, or make back-up copies of this information, on your personal system. The website offers the ability to download or print the information. In case your account is terminated in accordance with the Termination section of these Terms your access to the website and your information will cease.
It is your responsibility to ensure those organising your funeral have the information contained within the Online Funeral Designer section of the website and we will only release the information entered into this website to the funeral director named on your Golden Charter funeral plan or Golden Charter themselves. We do not accept any liability whatsoever if the funeral director or those organising your funeral do not uphold any of the information input into the website or if the information doesn’t reach the required person(s).
Please note that there may be an additional sum to pay outside of your plan for certain requests. Golden Charter will contact your funeral director regarding this and will advise you if an additional payment is required from you. They will gain your consent prior to making the requested changes/additions to your plan.
2. Online Funeral Designer Photo Upload
The website offers free storage of a digital photo to users who are entitled to use the Online Funeral Designer section of the website in accordance with the Online Funeral Designer section of these Terms. Photos are uploaded via this website.
When you upload image content to the website, the original resolution of your content may be affected. Further, if you upload an image with more than nine mega-pixels of resolution, we may at our discretion down-sample the image.
You should always preserve your original content, or make back-up copies of such content, on your personal system. You should not use the website as the only repository or other source for your content. In case your account is terminated in accordance with the Termination section of these Terms your access to the website and your content will cease.
You represent and warrant that storing or processing your content or order will not violate any third party copyrights, trademarks or other rights. You are solely responsible for any such violations that you may incur as a result of your image data and we are exempt from any legal actions taken by others.
You are solely responsible for the content of the uploaded image data. You represent and warrant that the content of the uploaded image files do not violate penal law, in particular legislation on the distribution of child pornography or other acts.
We are entitled but not obliged to check the appropriateness of the content you upload. We reserve the right to delete without further notice any of your content or order in whole or in part that violates applicable law or the terms set out under the section Conduct of these Terms. Illegal content may be reported to law-enforcement bodies.
You shall bear full sole responsibility for any form of legal proceedings that may be incurred as a result of the images you upload and you shall be liable for any resulting damages. You will indemnify and hold harmless Mark Bates Limited from and against all losses, claims, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms by you.
We shall have no liability for any temporary loss or discontinuance of service and we do not accept liability for any loss of any content, images or data you have uploaded. You are responsible for ensuring the back up of any such content, images and data.
Furthermore, we do not accept any liability for the risks related to the Internet, in particular those related with uploading images to our websites.
3. Printing & Delivery of Online Funeral Designer Photo
By using the Online Funeral Designer section of the website in accordance with the Online Funeral Designer Photo Upload section of these Terms you are also entitled to have the photo you have uploaded to the website printed, framed and posted once for use at your congregation when we have been notified of your death. This service only delivers to destinations within United Kingdom.
The print size of the photo is 8 x 10 inches. This size is approximate and some deviations can be expected as each photo is printed on an individual basis. A standard frame will be issued with the print of which the style and size is decided by us but will fit the print.
Only technical inadequacies, which were avoidable with the technology available will be considered a defect, but does not include aspects of personal taste. Differences in colour between the images and the original image data are not a defect. There is no defect if reduced quality is due to the poor quality (for example, low resolution) of the original image data.
As the photo print is individually produced it will be delivered as soon as it is available. Delivery will occur at latest within ten (10) days from the notification to us of your death.
Acceptance of the print occurs upon delivery of the framed photo and will be presumed unless you notify us of defects as soon as reasonably possible but in any case no later than within 10 days after the delivery, or in the case of non-delivery, you must notify us within a reasonable time after the products were expected to arrive.
Furthermore, we do not accept any liability whatsoever for the print not arriving in time for the congregation.