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Terms and Conditions

In Loving Memory Limited (company number 446149) whose registered office is at Main Street, Killybegs, County Donegal ("ILM") shall provide the commemorative memorial page template selected by you ("Memorial Website") and hosting related services ("Services") to you in accordance with and subject to these Terms and Conditions. "You" means either (1) a user of the website at the domain name www.inlovingmemory.ie ("Website") (whether or not a registered user) not being a Minor, or (2) a parent, guardian, or educational supervisor that has allowed a Minor to visit or use the Website. In case (2) you will be held responsible for the acts of the Minor. "Minor" means any person under the age of 18, (Minors must seek the permission of their parent, guardian, or educational supervisor to use the Website).

These Terms and Conditions form the basis of the contract between you and ILM ("Contract") for supply of the Memorial Website and Services. Please read these Terms and Conditions carefully before placing your order with (and making payment to) ILM. Clicking the "I accept" button on the Website indicates that you accept these Terms and Conditions.

"Website" means ILM.

Each reference to "use of the Website' in this document includes, without limitation, viewing the Website and/or creating, editing, and maintaining a Memorial Page and online memorial(s) and messages relating to those online memorial(s).

1. Introduction

   1. By accessing any part of this Website, you shall be deemed to have accepted these Terms and Conditions in full. If you do not accept these Terms and Conditions in full, do not use the Website.
   2. ILM may revise these Terms and Conditions at any time with or without notice to you. You should check the Website from time to time to review the then current Terms and Conditions, because they are binding to you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Website.

2. User Licence

   1. You are licensed to access and use this website solely for personal purposes in accordance with the Terms and Conditions.
   2. Use for commercial purposes and any republication of the website or content on it is strictly prohibited.

3. Consumer Rights

   1. If you are contracting as a consumer, you may cancel the Contract at any time within 7 working days from the date following conclusion of the Contract.
   2. To cancel the Contract, you must inform ILM in writing via email. Any cancellation by phone must be confirmed in writing via email within the permitted cancellation period.
   3. If you have a complaint regarding the Website and/or its operation, please contact ILM at info@inlovingmemory.ie.

4. Commencement and Duration

   1. The Contract shall commence on the earlier of: (i) the date of receipt by ILM of payment for the Memorial Page and Services or (ii) commencement of provision of the Services ("Commencement Date") and continue thereafter for a minimum 12 month period ("Minimum Period"), after which (subject to payment of the Renewal Charge being made by you in advance in accordance with Condition 6), the Contract shall automatically renew for further consecutive periods of 12 months each (each a "Further Period") unless terminated by either party giving not less than 30 days' prior notice in writing to the other party, such notice to expire on or after expiry of the Minimum Period or any Further Period (as appropriate).
   2. Condition 4.1 is subject to any earlier termination under Condition 11.

5. ILM's Obligations

   1. ILM will provide the Memorial Page and Services to you in accordance with its standard specifications, provided (as applicable):
      • Memorial Page - content and images for the Memorial Page may be uploaded by you subject to a full indemnity from you against all damages, losses and expenses incurred by ILM arising as a result of any action or claim that such content and/or images infringe any laws, regulations or third party rights; and
      • Services - whilst ILM will use reasonable endeavours to ensure continued availability of the Memorial Website, ILM does not warrant or guarantee such availability will be uninterrupted or error free. Such availability does not include downtime arising from either scheduled outages or events that are beyond the reasonable control of ILM.
   2. Once agreed by ILM as to content and cost, any additional deliverables or changes to ILM's standard specification for the Memorial Page or Services which ILM provides to you during the term of the Contract will be deemed subject to these Terms and Conditions.
   3. Performance dates specified by ILM shall be estimate only.

6. Charges and Payment

   1. Payment of the charge for provision of the Memorial Page and Services for the Minimum Period (such charge being set out on the registration page of the Website) ("Charge") shall be made in Euros in full via Paypal on the Commencement Date and, payment of the charge for continued provision of the Memorial Page for each Further Period (such charge being set out on the registration page of the Website) ("Renewal Charge") shall (subject to earlier termination in accordance with the provisions hereof) be due and payable on the first anniversary of the Commencement Date and each such anniversary thereafter.
   2. Payment for any online memorials, standard messages or memorials posted by you to a Memorial Page and mobile phone messages selected by you must be paid in advance via the method specified on the Website.
   3. ILM may increase the Renewal Charge and/or any of its other prices or charges on an annual basis with or without further notice to you.
   4. Time for payment shall be of the essence of the Contract. Without prejudice to the foregoing or any other right or remedy it may have, if you fail to pay ILM on the due date, ILM may suspend further provision of the Memorial Page and Services until payment has been made in full.

7. Website Content

   1. All intellectual property rights in and relating to the Website, the content displayed on the Website (other than contributions of users) and each template for a Memorial Website or memorial content provided by ILM for the Website or a Memorial Page is the property of ILM and/or its licensors.
   2. You warrant that (i) you own or have licensed all material you post to the Website and/or a Memorial Page and (ii) are entitled to grant ILM the licence to use such material for the purposes of providing the Services. In particular (but without limitation), all personal information about third parties that you post to the Website and/or a Memorial Page must be done with the full consent of those third parties.
   3. ILM reserves the right solely at its discretion to erase, edit or omit content that is not in keeping with the purpose of using the Website. Its decision to do so is not to be construed as accepting responsibility for the content appearing on the Website which was not posted by it. You (or the Memorial Page administration) will be notified of any inappropriate material and its subsequent deletion.
   4. You are solely responsible for all the content that you post to the Website and/or the Memorial Page. You may not post, and ILM may in its absolute discretion remove, any content that it believes:
      1. is defamatory or inflammatory;
      2. violates a person's privacy or other rights relating to personal information.
      3. constitutes pornography or is otherwise obscene, indecent, seditious, sexually explicit, morally repugnant, or harmful to minors;
      4. depicts, threatens, or incites violence, contains harassing content, hate speech, or incites racial or ethnic hatred;
      5. is blasphemous or incites religious hatred;
      6. impersonates or falsely attributes material to any third party;
      7. discloses confidential or proprietary information of a third party without their express written consent;
      8. is discriminatory in any way, including by way of sex, race, or age discrimination;
      9. may infringe another person's copyright, trade or service mark, patent or other intellectual property rights;
      10. creates a risk to safety or health or compromises national security or official secrets
      11. ILM deems to be offensive, immoral or illegal;
      12. is otherwise malicious, fraudulent, or may result in the reputation of the Website being damaged;
      13. is otherwise illegal or solicits conduct that is illegal under laws applicable to either you or ILM;
      14. otherwise violates these Terms and Conditions;
      15. contains content of an advertising and/or commercial nature;
      16. uses content containing viruses and software likely to be damaging; or
      17. constitutes chain letters, junk mailing or spamming.
   5. You must use the Website and the Memorial Page only for commemoration purposes, exclusively for perpetuating the memory of the person in whose name the Memorial Website or tribute on the Website was established.
   6. You must not upload, post or otherwise transmit to the Website or the Memorial Page any material that contains software viruses or any other computer code, or files, or limits the functionality of any computer, software or hardware or telecommunications equipment or do any other act which causes or contributes to the same.
   7. Activity that is brought to ILM's attention which appears in its sole judgement to violate statutory or regulatory requirements will be brought to the attention of the proper authorities.
   8. ILM may at its sole discretion immediately terminate provision of the Website, Memorial Page and the Services should your or any other users' conduct fail to conform to these Terms and Conditions.

8. Intellectual Property and Indemnity

   1. All intellectual property rights in the content and images provided by you for the Memorial Page shall vest in and remain vested in you; you will indemnify ILM against all damages, losses and expenses incurred by ILM as a result of any action or claim that such rights infringe any applicable laws, regulations or third party rights (in respect of which you shall be solely responsible).
   2. Without prejudice to any other rights or remedies which ILM may have, ILM shall be entitled to suspend further provision of the Website, Memorial Page or Services (in whole or part) upon becoming aware or receiving notice of any claim (actual or threatened) that the Website or Memorial Page content or images infringes any third party's rights (including, without limitation, intellectual property rights).
   3. All intellectual property rights in the coding or tools used or operated as part of the Website or template for the Memorial Page remain vested in ILM and its licensors.
   4. Condition 8 shall survive termination of the Contract, however arising.

9. Limitation of Liability

   1. Condition 9 sets out the entire financial liability of ILM (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of: (a) any breach of the Contract; (b) any provision or receipt of the Website, Memorial Page and Services (or any part thereof); and (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
   2. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
   3. Nothing in the Contract limits or excludes the liability of ILM: (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 ILM.
   4. Subject to Condition 9.3: (a) ILM shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for: loss of profits, business, goodwill, contract, anticipated savings, use and/or similar losses; or loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and (b) ILM's total liability in tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to an amount equal to the total charges paid by you under the Contract in the period of 12 months considered retrospectively from the date of the relevant cause of action (or, if shorter, since the Commencement Date).

10. Data Protection

    In this Condition 10, Personal Data has the meaning given in the Data Protection Act 1988. ILM warrants that, to the extent it processes any Personal Data on your behalf: (a) it shall act only on your instructions; and (b) it has in place appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.

11. Termination

    1. Without prejudice to any other rights or remedies which ILM may have, ILM may terminate the Contract without liability immediately on giving notice to you if: (a) you commit a material breach of any of the terms of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of being notified in writing of the breach; or (b) you (being an individual) become or are deemed bankrupt, or (being a company) pass a resolution, or the court makes an order, that, you be wound up otherwise than for the purpose of bona fide reconstruction or amalgamation, or a receiver, manager, administrative receiver or administrator on behalf of a creditor is appointed in respect of your business or any part thereof, or circumstances arise which entitle the court, otherwise than for the purpose of a bona fide reconstruction or amalgamation, to make a winding-up order.
    2. On termination of the Contract for any reason: (a) you will immediately pay to ILM the full balance of the Charges and/or Renewal Charges due to ILM up to the end of the Minimum Period (or, if expired, up to the end of the 30 days' notice period) and any other amount due to ILM and not yet paid; and/or (b) the accrued rights of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination shall not be affected; (c) your right to use the Memorial Page and Services immediately ceases. You shall have no right and ILM will have no obligation thereafter to deliver to you any of the content from the Memorial Page.
    3. No refunds shall be provided to you upon termination.

12. Privacy Policy

    1. ILM fully respects your right to privacy. This privacy policy states how it collects personal data, what it uses it for, and the rights that you have with regard to this information.
    2. ILM will take reasonable precautions to ensure that all the personal information that you have submitted via the Website remains confidential, as required by the Data Protection Act 1988, and it has strict security procedures regarding the storage and disclosure of personal information.
    3. ILM will record any changes made to the terms specified here in order that you are kept informed. By using the Website you accept the terms of the privacy policy.

       1. Collection of Personal Information

          ILM will collect personal information from you in a number of circumstances, including when you register your personal details, and when you use the services provided on the Website. When you register your personal details to create a Memorial Page, ILM will ask for your name, email address, and telephone number as a minimum requirement. If you choose to purchase any service, ILM will (with the exception of services ordered via mobile phone, payment for which shall be made from your mobile phone account/credit balance) also ask for your credit or bank card details. Please note that all information entered into a Memorial Page is considered public except where users decide to keep that Memorial Page private and accessible by selected users only.

       2. Use of personal Information

          ILM will not sell, exchange, or divulge your personal information (including your email address) to any third party without your consent, unless ILM believes that release of this information is appropriate in order to comply with regulatory or legal requirements, to enforce the Terms and Conditions or to protect its rights, property, safety, customers or third parties. However, please note that when you purchase services through the Website and enter payment information, this information may be transferred to a processing company for transaction authorization, credit checks and authentication purposes.)

          ILM will use your personal information solely for the purpose of providing the services offered by the Website. ILM may collect information about your historical activity with the Website, and your use of the Website.

          ILM may (with your prior consent) send you information about services and features available on the Website.

       3. Updating Personal Information

          It is your responsibility to ensure that ILM has your correct contact information. This will enable ILM to provide you with the best service and Memorial Page possible. Please use the "Contact Us" page for this purpose.

       4. Removal of Personal Information

          If you would like to remove all the personal information ILM has about you from its records, please contact ILM via the details provided by us on the "Contact Us" page. Please note that ILM needs certain key information from you in order to provide you with the Memorial Page and Services, and if you ask to remove all or part such information you may no longer be able to use or access the Memorial Page (or parts thereof).

       5. Collection and Use of Technical Information

          Technical details in connection with visits to the Website are logged by ILM's internet service provider for ILM's statistical purposes. No information is collected that could be used by ILM to identify Website visitors. The technical details logged are confined to the following items

          • the IP address of the visitor's web server;
          • the top-level domain name used (for example .ie, .com, .org, .net);
          • the previous website address from which the visitor reached the Website, including any search terms used;
          • clickstream data which shows the traffic of visitors around the Website (for example pages accessed and documents downloaded);
          • the type of web browser used by the Website visitor.

       The Website does not use cookies, apart from temporary "session" cookies which enable a visitor's web browser to remember which pages on the Website have already been visited. Visitors can use the Website with no loss of functionality if cookies are disabled from the web browser.

       ILM will make no attempt to identify individual visitors, or to associate the technical details listed above with any individual. It is the policy of ILM never to disclose such technical information in respect of individual Website visitors to any third party (apart from its internet service provider, which records such data on its behalf and which is bound by confidentiality provisions in this regard), unless obliged to disclose such information by legal or regulatory requirements.

       The technical information will be used only by ILM, and only for statistical and other administrative purposes. You should note that technical details, which ILM cannot associate with any identifiable individual, do not constitute "personal data" for the purposes of the Data Protection Act 1988.

13. Disclaimer of Liability

    1. With respect to documents or media available through the Website, neither ILM nor any of its employees makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product, or process disclosed.
    2. ILM is not responsible for any unauthorised use of your account or liable for any losses incurred as a result of use of the Website or Memorial Page by you or others.

14. Links to and from other Websites

    Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. ILM has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. ILM therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

15. Force Majeure

    ILM shall have no liability to you under the Contract if it is prevented from or delayed in performing its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of ILM or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

16. General

    1. No variation of the Contract shall be valid unless it is in writing and signed by or on behalf of each of the parties.
    2. A waiver of any right under the Contract is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
    3. Unless provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
    4. If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
    5. Each of the parties acknowledges and agrees that, in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the subject matter of the Contract, other than as expressly set out in the Contract.
    6. You will not, without the prior written consent of ILM , assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.
    7. ILM may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.
    8. Nothing in the Contract is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.
    9. The Contract is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.
    10. All notices shall be in writing and sent by recorded delivery post or facsimile transmission for the attention of the person and to the address or fax number given in the Contract (or such other addresses as may be notified to the other party). If sent by recorded delivery post, it shall be deemed to have been received 2 days after posting, or on the day of despatch if sent by facsimile transmission.

17. Governing Law and Jurisdiction

    The Contract and any dispute or claim arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of the Republic of Ireland and the parties irrevocably submit to the exclusive jurisdiction of the courts of the Republic of Ireland.