Terms and Conditions (Advertisers and Burial Authorities)

Advertisers Terms and Conditions

General Guidance

1 To facilitate use of the website all advertisements will follow a standard format, with the company name, contact details and a website hyperlink to the advertiser’s homepage (if available) set out in a tabular format.
2 The official site language is English (British). Entries in other languages are not accepted at present.
3 Advertisements will be displayed on the results page associated with every plot record in a ground that the advertiser as requested an association with and paid the relevant fee(s) for.

ADVERTISING CONDITIONS OF CONTRACT

In these conditions the term ADVERTISER means the party who arranges the advertisement and is responsible for payment; the term ADVERTISEMENT means the text and layout required by the advertiser to be displayed on the website including all related data and hyper text; the term PUBLISHER means Cemsafe Limited; the term WEBSITE means www.gravestatus.co.uk. The term BURIAL AUTHORITY means the organisation responsible for burial ground data and maintenance
Terms
All website advertisements are subject to the following terms:

Orders

Advertisement fees are payable online at the time of placing an advertisement order. The Advertiser will indemnify the publisher against any damage and/or loss and/or expense incurred as a direct consequence of the Advertiser's announcement. The publisher retains the right to refuse to reproduce advertisements which in its sole discretion are not in the best interests of the website.

Amendments

Amendments to live advertisement can be requested in writing by the advertiser at any time, an administration charge of £5 will be payable to the publisher for each amendment, this payment together with written notification of the amendments required should be sent to Cemsafe Ltd, Advertisements, Dean clough mills, Halifax, West Yorkshire, HX3 5AX. Cheques should be made payable to cemsafe Ltd. Advertisements will be amended within 5 working days. Errors and omissions made at the time of placing an advertisement will be subject to amendment conditions to rectify. Errors and omissions made by the publisher at any time will be corrected free of charge.

Cancellations

The publisher reserves the right to cancel any advertisement following complaints from Burial authorities or the public related to level of service provided. No refunds will be paid by the publisher for cancelled advertisements. The order is not cancellable by the Advertiser.

Product & Service Categories

Advertised services on gravestatus.co.uk are indexed under categories. Companies wishing to advertise should select the category which best describe the service offered. Any advertisers that deals with the supply, fitting or fixing of memorials should read the following guidance notes prior to placing an advertisement.

• Grave furnishings
Service providers that deal with cosmetics and furnishing e.g. ornaments, re-lettering, memorial stone cleaning etc

• Approved fixers
These tradespersons are either NAMM registered or approved by burial authorities to undertake repair and fixing work in their grounds (see below)

Unstable memorials and poor quality repairs have become a matter of national concern in recent years due to accidents and fatalities caused by unstable memorials. Has a result many burial authorities have a list of approved fixers in place and permit only those on their approved list to undertake repair and fixing work in their grounds.

We are in full support of these approved lists and any advertiser that requests listing under the header of ‘Approved fixers’ will be verified on our system as approved with the specified burial authority they want linking too at the time of placing an advertisement.

Those fixers that want to work in a specific geographic region and do not appear on any burial authorities approved list in that location, should contact the burial authority they want linking to for approval, so that they can then be verified on our system and advertise with us as an approved fixer.

FORMAT OF ADVERTISEMENTS (format may change, but all information will be visible)

Service Type: Grave Tending
Company Name:
Burial Site Maintenance

Address: 		My Street, My area, My town, My postcode
Telephone:
01234 123456
Fax:  
Moblie:  
Email: burialsitemaintenance@mynet.co.uk
Website hyperlink: www.bsm.co.uk
Breif Description (200 characters) Professional grave tending services at affordable rates. We tend loved ones graves and leave floral tributes for special anniversaries. Full report and photographic images supplied.

Advertisement Exposure

The publisher will attach the advertiser to all data records managed by the advertisers chosen burial authority and promote the advertiser on result pages under the service category specified by the advertiser at the time of placing an order

Pricing structure

Advertisers are charged an annual advertising fee that is calculated according to the number of grounds the burial authority they have chosen to be linked too is managing and the status of each ground, whether or not data records for all grounds have been uploaded to the website at the time of an order being placed or records are removed after the order is placed.

The advertiser will automatically be linked to all additional records uploaded by the burial authority during the term of the advertisement contract and the publisher will associate the advertiser to any additional grounds added during the term of this contract at no additional cost.
All prices quoted for advertising are inclusive of Vat.

Terms and Conditions for Burial Authority (B.A) members

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") ”Burial Authority,’’ ’’B.A’’, “You" or "your" means a registered user of at least 16 years of age. You will be held strictly responsible where you are an employer for any staff members that you allow to access this Website or any restricted area.

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 the 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: one month after the date when we post the amended terms and conditions.


2 Grave Status's Role.

We provide a Service where the Grave Status Website may be accessed and burial authorities can upload burial ground and plot information (which they own and 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 data records and/or message board postings you input onto the Grave Status Website including any which contain personal information is accessible to be viewed by 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 Burial Authority registration is for a single organisation 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 and your company 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 admin” area. 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 admin” area. It is your responsibility to ensure that your personal and public 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 or burial authority with the intent to impersonate that person or organisation; (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. Membership

Cancellation. Registered B.A Members may cancel their registered membership at any time by writing to Cemsafe Ltd, Cancellations, Dean Clough Mills, Halifax, West Yorkshire, HX3 5AX


6. Membership Websites

Members are users who register to use the administration area of the Grave Status website Membership may be either; (A) B.A Membership or, (B) staff Membership
B.A Members are non-paying members registered with Cemsafe Ltd has super administrators of the Grave Status Website.
Staff Members are non paying members that are authorised by B.A members to use the administration area of the Grave Status Website.
Members may use the facilities provided by us, such facilities being Core Websites and Non-Core Websites (as defined below).
B.A members may

Core Services
(a) Use a password and username to access the relevant restricted area of the grave status website with permission of cemsafe Ltd
(b) Access, and manage any data held in the “My admin” area
(c) Order products or services from the shopping cart in the “My admin” area
(d) Control staff member access to select parts of the “My admin” area
(e) Receive email messages from website visitors relating to burial grounds/plots with live data in the “My admin” area

Non core services
(a)Post information and public notices on burial ground homepages
(b)Upload images to the grave status website
(c) Receive email alerts from Cemsafe

Staff Members may:

Core Services
(a) Use a password and username to access and control data in the relevant restricted area of the grave status website as authorised by a B.A. member

Non core services
(a) Post information and public notices on burial ground homepages
(b) Upload images to the grave status website

B.A Membership B.A members are burial authorities that have enrolled some or all of their managed grounds with grave status and have a minimum of 1 ground actively sharing data through the grave status web site. All data uploaded to the Grave Status website is and remains the property of the Burial authority that registered with Grave status.

Additional Members’ Services include the option to:
(a) Have all uploaded data records searched and viewed by site visitors
(a) Search and view advertisers of products and Services that associate with a burial authority
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.

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.

(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 Image activation 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 restricted area Grave Status Website.

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. 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.

11. 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.

12. 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 emails . Cemsafe does not have any liability in this event. However, you must always have permission to include information relating to living individuals.
Your use of the Grave Status Website is entirely at your own risk.

13. 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 Grave Status. 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.

14. 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.

15. 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 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. Law.

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

23.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.

24. 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 4 working days.