Grave Status – Members - Terms and Conditions

1. Introduction.

These terms and conditions set out your rights and obligations, and those of Grave Status, a subsidiary company of Cemsafe Ltd registered in England under registration no. 5937649 and VAT no. 895 5388 57 ("Cemsafe”, ”Grave Status", "we" or "us"), in relation to this site and the websites offered by Cemsafe through it (the "Grave Status Website"). “You" or "your" means a registered user

of at least 16 years of age. You will be held strictly responsible where you are a parent or guardian for any minor that you allow to access this Website.
Your registration and use of the Grave Status Website indicates your acceptance to be legally bound by these terms. These terms and conditions and any future amended terms and conditions take effect immediately upon registration. If you do not wish to be legally bound by these terms you must discontinue use of this Grave Status Website.

We reserve the right to change these terms at our discretion from time to time by advising of such amendments on our Grave Status Website. Your continued use of the Grave Status Website after changes are posted indicates your acceptance of those changes. If you do not wish to be legally bound by any future amended terms and conditions then you may choose to remain legally bound by the previous applicable terms and conditions until: (i) one month after the date when we post the amended terms and conditions, if you are a Free Member (as defined in clause 6(A) below); or (ii) your next membership renewal date, if you are a Full Member (as defined in clause 6(B) below).

2. Grave Status's Role.

We provide a service where the Grave Status Website may be accessed and Members can upload family-related information (which they control). Whether you are a Member or a non-Member of the Grave Status Website, you acknowledge that we are not and cannot be responsible for the material provided by Members whether on the Grave Status Website or outside of it. In particular, you should be aware that Grave Status does not generally pre-screen or monitor the material contributed by Members or ensure that it is genuine.
Grave Status is an internet service provider. In order to avail of the Grave Status Website, you must have internet access and all the software and skills required for email and web usage.

3. Privacy policy.

Grave Status's Privacy Policy forms part of these terms and conditions. By accepting these terms and conditions and registering as a member of this Website, you give your consent for your personal data to be stored and processed in accordance with our privacy policy. Given the global nature of the World Wide Web, any posting, including but not limited to some or all of the, Relationship tree details and/or message board postings you input onto the Grave Status Website including any which contain personal information is accessible to be viewed by non-Members internet users around the world who access the relevant information by means of searches conducted through internet search engines and the like.

4. Registration.

Visitors to the Grave Status Website who do not register to become a Member (as defined in Clause 6 below) affirm that they are legally bound by these terms and conditions each time they access the Grave Status Website.
Each registration is for a single user only and such registration may not be sold, transferred or granted in part or in whole to any other person or organisation.
By registering with us you agree to provide complete, accurate and current personal data about yourself including your correct name and email address, to which you must have complete access, and any other requested details. You may access your personal data details by going to your “My Account Details” page. If you change your email address or any of your personal details, then you must inform us of the new email address or of changes to your personal details through your ’My Account Details’ page. If you are asked for, and you provide, details of a credit, debit or charge card, you must ensure that (a) you are fully entitled to use that card, and (b) there is a sufficient fund available to cover the charges which are deducted from it for services. It is your responsibility to ensure that your personal data is up to date. We are entitled to rely on the information you provide to us.
You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person other than yourself without authorisation; or (iii) use a name that we, in our sole discretion, deem offensive.

5. Non-refundable Membership Cancellation.

Registered Members beyond the regulatory cooling off period (as defined in Clause 6(B) below) may cancel their registered membership at any time. Should you wish to cancel your membership you may do so on the �My Account Details� page. You acknowledge and accept that Grave Status will not refund in whole or in part paid membership fees except as provided for in Clause 7 8(ii) below or during the regulatory cooling off period (as defined in Clause 6(B) below).

6. Membership Websites

Members are users who register to use the Grave Status Website.
Membership may be either; (A) Free Membership or (B) Full Membership

Free Members are non-paying members registered to use the Grave Status Website.

Full Members are paying members registered to use the Grave Status Website. These members may also be referred too as premium members.

Members may use the facilities provided by us, such facilities being Core Websites and Non-Core Websites (as defined below).

Grave owners remain responsible for the physical repair and maintenance of grave plots, Members must have, and continue to have, the express permission of the grave owner to arrange any works, Services or insurance policies for a grave plot through the grave status website. Members are the controllers of the information they input relating to living persons, and therefore have obligations under the privacy and data protection laws (such as the Data Protection Act 1998). Grave Status may remove all or part of a member posts and or ‘my account folder’ if so required by any affected third party or by any governmental or regulatory authority.

(A) ‘Free’ Members

(i) Core Website Use and Benefits for Free Members
Free Members may:
(a) associate themselves with a deceased person by using the post a tribute, ‘leave a flower’ or ‘Relationship tree’ facilities we make available for doing so;
(b) search for deceased individuals against such criteria as may be required by the Grave Status Website;
(c) receive emailed messages, which will be sent to the email address contained in ’My Account Details’ (which are provided during Registration and may be updated subsequently), notifying them of contacts sent by Full Members.
(d) Receive email alerts from us concerning data amendments for plots in the members my account details folder

(ii) Non-Core Website Use and Benefits for Free Members
Free Members may:
(a) receive Website emails as detailed in the privacy policy.

(B) Full Members

(i) Core Website Use and Benefits for Full Members
Full Members may:
(a) send email messages to both Standard and Full Members;
(b) reply to messages sent by other full members.

(ii) Non-Core Website Use and Benefits for Full Members
Full Members may:
(a) receive Website emails as detailed in the privacy policy

Full Membership Fees

If you decide to register to become a Full Member, and therefore pay our Full Membership fee, you are agreeing to take the Full Membership for a subscription period we make available to you following payment of the Full Membership fee. You have the right to cancel your Full Membership during the seven-day cooling-off period which is provided under the Consumer Protection (Distance Selling) Regulations 2000 (as amended).
The Full Membership fee will be as indicated on the payment page on the Grave Status Website (and may differ depending on which country you are residing in).

Grave Status reserves the right to change the amount of the Full Membership fee, the period which it covers, and the Core and non-Core Services from time to time. Any such changes shall not affect any existing Full Membership, and shall only take effect at the renewal of such Full Membership.
You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Grave Status services or prior to any fees being taken.
Please note that if we remove any of our Core services, Full Members may be entitled to a refund of part of their Full Membership fee in accordance with Clause 8(ii) below; but we may remove all or any part of the non-Core services from the Grave Status Website, either on a temporary or permanent basis, without liability to make a refund to you.

Additional Members’ Services include the option to:

(a) Search. plot records and view uploaded images and data provided by burial authorities on the Grave Status website
(b) View Relationship trees and Read any tributes posted by members through search result pages
(c) Locate advertisers of aftercare products and Services that work in specified burial grounds
Grave Status accepts no responsibility and gives no warranty as to the quality of any images, or the accuracy of information uploaded to the grave status website by members, advertisers or burial authorities. Members are not entitled to a refund or any compensation in whole or in part for such inaccuracies or dissatisfaction with the quality of any products or services offered by advertisers.

7. Additional websites.

Cemsafe may offer new or ancillary Services through the Grave Status website. Your use of those Services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional Services may amount to a breach of these terms and conditions resulting in termination of our contract with you.
Such new or ancillary Services offered from time to time may require the payment of fees either to us or to a nominated third party on terms which will be provided to you at the time.

8. Right to Modify the Grave Status Websites and Refund Policy.

(i) Cemsafe reserves the right to withdraw or modify aspects of the Grave Status website, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Grave Status website becomes inaccessible as a result of technical difficulties experienced by Grave Status or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note that there will be no refund of Full Membership fees (nor will we have any other liability to you) for withdrawal, modification or unavailability of the Grave Status Website, except as provided in Clause 8(ii) below. For security or other reasons, we may require you to change your password or other information which facilitates access to the Grave Status Website.
(ii) Fees paid by a Full Member will not be rebated or refunded by Grave Status, except if we permanently withdraw a Core Service (as specified in Clause 6), or the entirety of the Grave Status Website itself; then you may be entitled to a rebate of your Full Membership fee for the remainder of the period to which that fee relates.
(iii) No part of the contact fee (as described in Clause 6 above) will be rebated to a Full Member under any circumstances if the Full Member has sent or replied to emails through the Grave Status Website during the period to which the Full Membership fee relates, irrespective of whether the recipient email address is a legitimate address or the recipient replies. No rebate of any part of the Full Membership fee will be payable under any circumstances, other than as provided in Clause 8(ii) above.

9. Misuse of Grave Status Website.

We reserve the right (a) to suspend or terminate any Member's access to the Grave Status website, or parts of it, and/or (b) to remove, or require the Member to remove material posted on the Grave Status website, if the relevant Member or the material posted appears to us, or to a complainant, to be in breach of any provision of these terms and conditions or any applicable laws, regulations or codes of practice. Any person whose access has been suspended or terminated may not re-register for, or re-access, the Grave Status website without our prior consent. In addition, we reserve the right to suspend or terminate any Member's access to the Grave Status website or parts of it, if that Member is abusive, discriminatory, threatening, or harasses or communicates offensive messages or images to another Member, whether or not through the Grave Status website. Grave Status Website is not liable where a Member, whose access to the Grave Status Website or parts of it has been suspended or terminated, subsequently regains access to the Grave Status website through no fault of Cemsafe and/or in breach of these terms and conditions.

10. Relevance.

The Grave Status Website is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members undertake not to:

(a) Include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the Grave Status Website. Full Members and the recipients of their emails can share this information, should they wish, once direct contact has been made;
(b) place material on, or otherwise use, the Grave Status Website for any business or commercial purpose; or
(c) use access to the Grave Status Website, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

11. Prohibitions.

You are responsible for any postings and other actions carried out on or through the Grave Status Website while your Membership account is logged into the Grave Status Website, or through your email address (es). You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Grave Status Website, nor any activity or communication you make in connection with any Grave Status Website, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, regulation or code of conduct, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libellous, defamatory, unreliable or misleading.

12. Reporting Abuse.

If you see anything on the Grave Status Website which appears to infringe these terms and conditions, please contact us to inform us of it by emailing us at abuse@gravestatus.co.uk . We do not generally monitor material contributed by Members before it is placed on the Grave Status Website, and so we are reliant upon users to point out any material which infringe these terms and conditions.

13. Disclaimer and Release.

Grave Status has no control over or responsibility for the truth or accuracy of any material available on the Grave Status Website, whether provided by Members or others.
Unless stated otherwise, if any third party site is linked from the Grave Status Website, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it. Such sites are outside our control and influence and are not therefore covered by these terms and conditions. If you access other sites from our website, Grave Status makes no warranty concerning such third party sites and you agree that any recourse for dissatisfaction or problems with any goods or Services obtained through the third party site will be sought from the third party provider and not from Cemsafe Ltd.
You release Grave Status, its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party site or arising out of or in connection with the material included on the Grave Status Website by Members and other third parties.
You should exercise no lesser degree of caution in appraising what you see on the Grave Status Website than you do offline.
Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are. Please note that, if you make your name available to other Members, they may send you email s asking you personal information about your relationship with a deceased person (even if you do not wish them to). Cemsafe does not have any liability in this event. However, you must always have permission to include information relating to living individuals or to arrange services for a plot.
Your use of the Grave Status Website is entirely at your own risk.

14. Intellectual Property.

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Grave Status website (but excluding any material which is contributed to the Grave Status Website by Members) are owned by Cemsafe ltd. You may not copy, distribute, show in public or create any derivative work from the Grave Status Website, or any of the material which is found on the Grave Status Website unless you have received our written prior consent.
By submitting or posting any material to the content of the Grave Status Website, you:
(a) are representing that you are fully entitled to do so and that the material will not infringe any third party rights, any applicable laws, regulations or code of conduct;
(b) grant us a non-exclusive, royalty-free, non-terminable licence to use, copy, and distribute that material on the Grave Status website; and
(c) authorise us to modify and amend the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

15. Excluded Loss.

We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this agreement commences, for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of these terms and conditions or otherwise). Grave Status will also not be liable for any failure to perform any of its obligations under these terms and conditions caused by matters beyond its reasonable control.

16. Maximum Liability.

Without limiting the preceding Clause, the aggregate liability of Grave Status under these terms and conditions will not under any circumstances exceed an amount equal to (a) the Full Membership fee payable at the time liability arises, or (if greater) (b) the sums paid by you to us under these terms and conditions during the period prior to the date when liability arises.

17. Non-excluded Liabilities.

Nothing in these terms and conditions limits Grave Status's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

18. Indemnity.

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these terms and conditions by you or through a machine on which you access the Grave Status Website.

19. Assignment.

We reserve the right to assign this agreement, and to assign or subcontract any or all of our rights and obligations under this agreement. You may not without the written consent of Grave Status assign or dispose of this agreement.

20. Entire Agreement.

This agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the Grave Status Website and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us.

21. Third Party Rights.

A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this agreement.

22. Severability.

In the event that any term of this agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.

23. Law.

These terms and conditions shall be governed by and interpreted and construed in accordance with the laws of England and Wales.

24. Keeping this Agreement.

We don't separately file the individual agreements entered into by members when they register on the Grave Status Website. You can access the website at www.gravestatus.co.uk. Please make a durable copy of these terms and conditions by printing and/or saving a downloaded copy on your own computer.

25. Complaints.

Complaints may be reported to us through our ‘contact us’ link on the grave status website or by post to Cemsafe Ltd, Complaints dept, Dean Clough Mills, Halifax, West Yorkshire, HX3 5AX. We will reply to all complaints within 7 working days from receipt.