Terms and Conditions

Terms and conditions for the provision of services on this website by In Memory Limited (www.in-memory.co.uk)

Important Notice

Please read these conditions carefully before placing an order with In Memory Limited to become a Memorial Manager on this website. By placing an order, which is accepted by In Memory Limited, you will be taking on certain responsibilities, which we set out below. By clicking the proceed button on our payment page adjacent to the link to these pages you confirm that you have had the opportunity to read and to understand these terms and conditions and accept that they will apply to our agreement with you which comes into being only when we have received your payment.

In Memory Limited is an English registered Company No. 04962130 and its address for business is PO Box 47830 London NW11 3YJ.

1. For a Memorial Page ("Memorial") ordered by you ("You" or "The Memorial Manager") via the Internet you are contracting directly with In Memory Limited. Where you order a Memorial from a Funeral Director or Undertaker, the Funeral Director or Undertaker is acting as In Memory Limited's agent and your agreement is still between you and In Memory Limited.

Duration of Agreement and Price

2. On receipt of both your request to act as Memorial Manager and your payment to In Memory Limited of the full purchase price we shall dedicate for your use a Memorial Page ("Memorial") for a minimum period of ONE (1) YEAR from a date no later than ten (10) working days after full payment is received by us. At the discretion of In Memory Limited a further NINE (9) YEARS will be added as a FREE bonus.
3. The current purchase price for a Memorial Page for the minimum period is £129.50 inclusive of VAT for residents of the European Union and £129.50 for non-residents of the European Union. Any change in the purchase price for the minimum period will be notified on In Memory Limited's Website and here in these terms & conditions prevailing at the time you place an order.
4. All prices quoted are, and must be paid, in pounds sterling. Please do not forget that if you pay by a credit or debit card on a foreign currency account your account will be debited for the purchase price and any currency conversion costs required by your card issuer to produce the purchase price quoted above.
5. In Memory Limited will not accept any order for which full payment of the purchase price is not made.
6. If you wish to extend the agreement beyond the end of the one year minimum period plus nine FREE bonus years (Ten Years in all, during which time no extra charges will be levied) please notify us by email or in writing at the address shown at the head of these terms and conditions no later than two calendar months prior to the expiry of the total period. Upon receipt of your email or written notice we shall discuss with you the length of any further period and inform you what maintenance charges, if any, would be payable to In Memory Limited for that further period, so that you can then decide whether to accept In Memory Limited's quotation. No charges will be levied for at minimum ten years from the start date.
7. The terms and conditions applying to the further period will also be modified to take account of the law at the time an extension is requested and you will be asked to read them before In Memory Limited accepts an order from you for the extension of your agreement. Please note, however, that In Memory Limited reserves the right in its discretion to refuse to extend this agreement beyond the end of the minimum period.

Your responsibilities as Memorial Manager

8. The content of any Memorial ordered by you is your sole responsibility. You are recommended to keep a regularly updated back-up copy of the Memorial.
9. You undertake that you will provide In Memory Limited with up to date and effective email and postal addresses throughout the duration of this agreement.
10. You agree to provide In Memory Limited on demand both before or at any time during the duration of the agreement, adequate written evidence of the death of the person whom you wish to commemorate on a Memorial.
11. You must keep your Memorial Manager password secure and secret and not allow it to become known to any third party without obtaining In Memory Limited's prior written agreement.
12. If you make use of the Tribute password (the password with which you can authorize third parties to access the Memorial directly) you must ensure the Tribute password is kept secure. You are recommended only to give it to persons to whom you have first referred these terms (to protect yourself) and who are directly connected with the person for whom the Memorial has been created.
13. Any unauthorized disclosure by you of the Memorial Manager password or the Tribute password may result in access to the Memorial being suspended. The Memorial will not be able to receive further testimonials until both (a) new password(s) is/are issued and (b) you satisfy In Memory Limited that such password(s) will be kept secure.
14. You undertake that you will not post or permit any other person to post or maintain any advertising, link, material which infringes the legal rights of others or material the content of which is illegal or offensive on the Memorial. This term exists not only to protect In Memory Limited but you as Memorial Manager from claims by third parties or by regulatory authorities for breaking the law.
15. In Memory Limited reserves the right, without prior notice, and without giving any reason for doing so, to remove at any time any link, written materials, recordings or images posted on the Memorial. In Memory Limited will exercise this right reasonably, but will, in particular, remove material which in In Memory Limited's sole opinion constitutes content which you undertake in Para 14 above not to post or permit to be posted, or which is posted without your permission on the Memorial.
16. Subject to Para 17 below, removal of any content does not affect your ongoing entitlement during the minimum period to post or permit others to post lawful materials, apart from advertising, on the Memorial.
17. If there is a serious breach or repeated breaches of Para 14 above, In Memory Limited reserves the right to suspend access to or take down the Memorial without prior notice and without compensation to you or anyone claiming through you.
18. In Memory shall have the unfettered right to take down any Memorial which is discovered to be spurious or which relates to a person who is still alive at the time the Memorial is set up by In Memory Limited.
19. You are responsible for ensuring that all materials posted by you or with your authority on the Memorial have been posted with the permission of the owner of the copyright of any written text or image (which includes photographs) or recordings. For guidance on copyright and related rights see Addendum on Copyright below.
20. You are also responsible for ensuring that each user of the Tribute password does not post on the Memorial material created by any person (other than the user posting the material) without the permission of the owner of copyright in that material.
21. You must ensure that any personal information about a person who is still alive which is posted on the Memorial has been posted on the Memorial with that person's consent in the knowledge that it may be seen anywhere in the world. This is necessary to comply with the European Union Data Protection Directive.
22. If you become aware that any content posted on the Memorial is unauthorized (including any metatag or spam) you must notify In Memory Limited immediately by email.
23. You will indemnify In Memory Limited against any loss or damage suffered by In Memory Limited by reason of any breach by you of this agreement and against third party claims that rights have been infringed or any statute regulation or law has been broken by the posting of any content on the Memorial.

In Memory Limited's Responsibilities

24. As soon as In Memory Limited is notified that the Memorial is being used for any purpose which is unauthorized, unlawful or which infringes the rights of others it will remove any offending material in any event no later than seven days following notification.
25. A Memorial which has been ordered for a person who is still alive ("the complainant") will be taken down, without prior notice or compensation to you if such a complaint is received, no later than seven days after receipt by In Memory Limited of a photograph of the complainant taken after the date when the Memorial was first activated, which is certified by a notary public, judicial officer or lawyer confirming that the complainant is alive, is the person identified in the photograph and is the same person as that identified as deceased in the Memorial. Complaints must be addressed in writing by post to: The Managing Director, In Memory Limited PO Box 47830, London NW11 7YJ.

Cancellation if you are a Consumer in the EU

26. In accordance with the European Union Distance Selling Directive if you are a consumer who is a resident of a European Union Member State and you have ordered a Memorial from us directly over the Internet which is accepted by In Memory Limited you are entitled to cancel an agreement which you as Memorial Manager have agreed with In Memory Limited.
27. Your written notice of cancellation accompanied by proof of residence must be received by us before the first posting of materials by you (or anyone permitted access to the Memorial by you) or within seven working days after the date your payment was received by us whichever is the sooner. If due notice of cancellation is given to us you are entitled to a refund of the purchase price received by us less any monies paid by us to our agents which will be made to you within 30 days following receipt of your cancellation notice.

Discontinuance or Removal on request

28. Subject to Terms 26 and 27 above you may discontinue ongoing maintenance of a Memorial, provided you first notify In Memory Limited in writing so that In Memory Limited can disable access to the Memorial by you as Memorial Manager and third parties during the remainder of the minimum period.
29. Subject to Terms 26 and 27 above In Memory Limited will agree to removal of a Memorial from its web site at any time during the minimum period on receipt of written notice from you. In that event you are not entitled to compensation.
30. All requests for cancellation, discontinuance or removal must be in writing and be issued by the Memorial Manager by confidential high priority email to md@in-memory.co.uk with a postal confirmation sent to The Managing Director, In Memory Limited PO Box 47830, London NW11 7YJ

General Terms

31. The In Memory Memorial Pages are supplied as is and as available and you acknowledge that access to sites on the Internet are vulnerable to interruptions, viruses, power failures and countless other faults beyond In Memory Limited's control. In the event In Memory Limited is prevented by any circumstances beyond its control from providing the Memorial Page In Memory Limited is entitled to suspend provision of the Memorial for so long as that event continues. If the period of suspension continues for more than six calendar months, In Memory Limited may at its option terminate this agreement without compensation. In Memory Limited may but is not obliged to add an equivalent period of time at the end of the minimum period.

Data Protection Act Authority

32. You hereby authorize us to use store or process any personal information about you including your name, postal and email address which you provide. Such information will be kept confidential and not disclosed without your express consent to any third party otherwise than as required by law. If you are a consumer we may from time to time contact you with details of other services and offers from us. If you ticked the box giving us permission to contact you by email when making an order we may from time to time email you or write to you with details about other services and offers from us. If you did not tick the box that gives us permission to contact you then we will only contact you on legitimate business relating to the Memorial Page for which you are responsible. See point 4 in our Privacy Policy.

Limitation of Liability

33. Save in the event death or personal injury results from any negligent act or omission by In Memory Limited's directors employees or agents in the performance of this agreement, and subject to Para 34 below In Memory Limited's liability to the Memorial Manager shall not exceed the total purchase paid by the Memorial Manager for the Memorial to which the negligent act or omission relates.
34. Subject to Para 33 above and except in the event of fraudulent misrepresentation by In Memory Limited its employees or agents, In Memory Limited's liability in respect of any breach of this agreement by In Memory Limited shall be limited to the total purchase price paid by the Memorial Manager at the time this agreement was made.
35. Save as stated in Para 33 and Para 34 above, in no event will In Memory Limited be liable for loss of profits or other economic loss of whatever nature whether consequential or otherwise arising from the entry into and performance of this agreement.
36. You agree that you will not make any claim for any loss or damage of whatever nature (otherwise than for death or personal injury arising from the negligent act or omission of In Memory Limited) against In Memory Limited or its agents in relation to any material posted on the Memorial by you or a person who has used the Tribute Password.
37. Nothing in these terms and conditions affects your statutory rights.
38. Nothing contained in these terms and conditions creates any rights for any third parties under the Contracts (Right of Third Parties) Act 1999.
39. If you have any complaints or comments please contact: The Managing Director, In Memory Limited PO Box 47830, London NW11 7YJ
40. The Laws of England govern this agreement and any matters arising in connection with its formation and performance.
41. The parties agree to submit to the exclusive jurisdiction of the Kingston-upon-Thames County Court, Kingston-upon-Thames, Surrey, England.

Addendum on Copyright

1. Any text recording or image which is posted on the Memorial which is the original work of the Memorial Manager or of those who ask the Memorial Manager to post it on the site or post it themselves on the site to paying tribute to the commemorated person will be placed on the Memorial with their implied consent to publication of the contents worldwide for the full term of copyright on the Internet. As to digital photographs or film, see below.
2. Unauthorised copying of extracts taken from film, sound recordings, journals, newspapers, books, other literary works or Internet sites, the copyright in which belongs to others is not allowed, by law.

You should first check to see whether the source contains a permission for copying (which almost always would be for non-commercial use); if it does, you can reproduce the material to which the permission extends provided you are a private individual and you are not charging any fee in relation to the Memorial. Please remember that if nothing is said about reproducing material that means you cannot do it without express permission.

Otherwise permission must be sought before such materials, including obituaries, are contemplated for use. You must tell the copyright owner what you want to do with the material. Most sources give contact details and you must get permission in writing from the copyright owner (who may not be the same person as the publisher of the source) authorizing the placing of the material on the Internet, before posting the materials.

Appropriate acknowledgments to the copyright owner must accompany any permitted reproduction. See below concerning further clearances required for photographs and film.

If express written permission cannot be obtained in advance, do not use such material on what is after all, meant to be an intimate and private Memorial.

Rights of Privacy in photographs and film of private events (eg: weddings)

If you have a photograph of a private gathering, remember that the person who actually commissioned the taking of that photograph or film by the photographer has a separate right from the copyright owner (the photographer in most cases) to prevent it being published to the public. The commissioner's permission is also required before it is placed on the Internet.

Furthermore a photograph taken on a digital camera of private individuals contains processed personal information about the persons shown in the photograph, and they have rights under the Data Protection Act 1998. Photographs or film of children can only properly be used with the consent of their parents or guardians.

In Memory Privacy Policy

1. The information you send us falls into three categories, information about the person to be commemorated, information about living persons other than yourself and information about you as Memorial Manager.
2. The information you give us about the person to be commemorated will be made public. Anything which you post on the Memorial on which details of the commemorated person appears, will be freely viewable by anyone anywhere in the world. You must take every care only to post personal information about yourself which you are entirely content to appear on the Memorial and personal information about other living persons who have consented to the posting of that personal information on the Memorial.
3. Full addresses of the commemorated person must not be posted on the Memorial. Our policy is that if the deceased person lived at 44, Acacia Avenue, Suntown, Noshire, NH3 5RK, the address will appear on the Memorial as: John Doe of Acacia Avenue, Suntown, Noshire. Neither house numbers nor postcodes can be mentioned to protect the privacy of those still living at the address. The object is to make it clear who the commemorated person is by giving location information without disclosing the full address at which that person lived.
4. Your personal information you send to us will be used to contact you about matters related to the Memorial to the commemorated person. It will not be sold, lent, rented, given or otherwise acquired by any third party otherwise than as required by law and will be kept confidential unless you have expressly authorized us in writing to use it for any other purpose which has been notified to you in advance.
5. In Memory Limited will only retain your personal information for the purpose of this agreement and for so long after its conclusion as is necessary for maintenance of our records. All information about you which is no longer required will be deleted when it becomes redundant.
6. In Memory Limited will take all reasonable steps consistent with industry standard technology freely available from time to time to secure its database against unauthorised access.
7. Subject only to unavoidable hacking or viruses, your email contact address(es) will be confidential even though those who use the site will be able to send you a message by email. The email contact button will not show your email address at any time. It will be entirely in your hands as to whether you disclose your email address by replying to any emails sent to you via this confidential link.

We do not store any credit card detail in any electronic storage and retrieval system at any time. All transactions are made through WorldPay and no credit card details are stored by them beyond the duration of time required by law for a transaction to be completed.