Terms and Conditions
1. Using our service
1.1 The platform for delivery of our online tribute service is provided by GoPaperless Ltd in Partnership with Your Loving Memory Ltd. Once You have become a Your Loving Memory Ltd Online Card Owner, You will be able to view your Online Card on Our Service, modify and/or delete any of the contact information which appears about You, and claim any modifications made about You by third parties, including, inter alia, Your name, company, job title, phone numbers, email address, social media profiles, picture, and company's logo ("Contact Details"). If you encounter any difficulties with Claiming, modifying or deleting any of your Contact Details, please send Us an email to: [email protected]
1.2 If the Online Card was created by an Online Card Owner other than Yourself, You will be sent an email by the applicable Online Card Owner through Our Service, inviting You to visit Our Service and review your Online Card and Claim it.
1.3 If you create an Online Card for a third party, you warrant and represent that you have obtained that third party’s explicit permission to create such Online Card.
1.5 Following creation of a User Account, You will have the ability to create, manage and share your Online Card, as well as to manage a contact list containing all third-party details stored on Our Service ("Contact List").
1.6 You are solely responsible for any details stored via Our Service and the consequences of storing or otherwise using the Contact Details which appear thereunder. You represent and warrant that You have (and will continue to have during Your use of Our Service) all necessary licences, rights, consents, and permissions which are required to use and to enable the Company to use the applicable Contact Details for the purposes of this Agreement.
1.7 You shall not store through Our Service any contact details which You are not authorised to possess, store or upload. We reserve the right at Our absolute and sole discretion to remove any Contact Details without prior notice to You.
2. Representations and warranties
2.1 As a condition to Your use of Our Service, You hereby warrant, undertake and represent that:
2.1.1 You are at least 18 years of age and possess the legal authority to enter into this Agreement, to use Our Service in accordance with all terms and conditions herein, and to fully perform Your obligations hereunder;
2.1.2 You are financially responsible for Your use of Our Service;
2.1.4 Your use of Our Service has not been previously suspended, and Your access to Our Service has not been previously blocked by Us.
3. Use restrictions
3.1 While using Our Service, there are certain types of behaviours which are strictly prohibited, as appears in the list below. Please read this list carefully. Your failure to comply with the provisions set forth herein may result in the suspension or blocking of Your use of Our Service and may expose You to civil and/or criminal liability.
3.2 You may not, whether by Yourself or anyone on Your behalf:
3.2.1 Rent, lease, sub-license, loan, provide, or otherwise make available, Our Service in any form, in whole or in part to any person without prior written consent from Us;
3.2.2 Copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of Our Service, including but not limited to, other users' Contact Details;
3.2.3 Create a browser, frame, border environment or GUI around Our Service;
3.2.4 Interfere with or disrupt the operation of Our Service, or the servers or networks that host Our Service, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
3.2.5 Publish or make use in any way any information about users of Our Service including, inter alia, any Contact Details without the necessary consents, licences and/or notices being in place;
3.2.6 Impersonate any person or entity or provide false or misleading Contact Details and/or other personal information;
3.2.7 Transmit or otherwise make available through or in connection with Our Service any virus, "worm", "Trojan Horse", "time bomb", "web bug", spyware, or any other computer code, file, application or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
3.2.8 Use Our Service or other Contact Information for any illegal, fraudulent, unlawful or unauthorised purpose, or in such a way as to have illegal, fraudulent, unlawful or unauthorised effect;
3.2.9 Use Our Service to interfere with or violate other individuals' rights to privacy and other rights, or harvest or collect data and information about them, including, inter alia, any Paper Cards and/or Contact Details, without the required consents, licences and/or notices being in place;
3.2.10 Use the Service to post, share or promote any content which is:
126.96.36.199 Not genuinely held (if stating an opinion);
188.8.131.52 Not compliant with the law;
184.108.40.206 Defamatory, obscene, offensive or hateful;
220.127.116.11 Sexually explicit;
18.104.22.168 Illegal; or
22.214.171.124 Threatening, abusive or invasive of another's privacy, or which causes needless anxiety; and/or
3.2.11 Use Our Service and/or Contact Details to harass, stalk, scorn, mock, humiliate, bully, intimidate, offend, provoke, or threaten or incite violence against any person, or for any other purpose which may endanger any person.
3.3 If you purchase a subscription, your subscription will limit the number of Online Cards that may be created using your account. See clause 4 below for further detail on limits on the number of Online Cards.
3.4 Our Service may include information and materials uploaded by other users of Our Service, including other Online Card Owner(s). This information and these materials have not been verified or approved by us. The views expressed by other users on Our Service do not represent Our views or values.
3.5 If you wish to complain about content uploaded by other users, please contact us on: [email protected].
3.6 Any content you upload to our site or provide to Your Loving Memory Ltd to will be considered non-confidential and non-proprietary.
4.1 If You agree to purchase a paid subscription, you will pay to us the sums agreed at the point of order by no later than the agreed times.
4.2 You shall pay the agreed sums on the day on which the Order is placed. The payment will be for a life-time subscription or until the the lifespan of the technology used to provide the service is no longer supported.
4.3 You will pay all agreed sums by BACS payment to a bank account nominated by the Supplier, or by credit or debit card payment. For further details on making alternative payments, please contact the customer success team at: [email protected].
4.4 Each subscription will allow You to create an Online Card (each opening for an Online Card shall be deemed to be a Slot).
4.5 If at any point You wish to increase the number of Slots which are available to You, You may register for additional Slots via Our Service and You will be required to pay in advance for such additional Slots.
4.6 If at any point You wish to reduce the number of Slots which are available to You, You may reduce the number of Slots you are eligible for via Our Service and You will be given a pro-rata credit note for any removed Slots to use against future payments.
4.7 All sums paid shall be at Our current price list in force at the point of purchase and on the number of Slots which You are registered for at the point of purchase.
5.1 If You have purchased a paid subscription, your subscription shall commence on the date on which it is purchased, and shall continue for the period of the subscription option You have chosen (“Life-Time Subscription”).
5.2 Your subscription shall automatically be reviewed on the anniversary of the online tribute cards creation to ensure fuctionality is maintained, unless either party gives to the other not less than twenty-eight (28) days’ written notice of its intention to terminate this agreement at the end of the Initial Period.
5.3 If you have purchased a paid subscription to Our Service, You may cancel Your subscription at any point in the first fourteen (14) days after its commencement. In order to exercise Your right to cancel in the first fourteen (14) days You simply need to send Us written notice of your cancellation to: [email protected].
5.4 If you exercise your right to cancel pursuant to clause 5.3 above, We will refund any sums paid by You. Such refund shall be made to the account used to make payment within 30 days of cancellation.
5.5 Without affecting any other right or remedy available to it, We may terminate this agreement with immediate effect by giving written notice to You if:
5.5.1 You commit a material breach of any term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
5.5.2 You fail to pay any amount due under this agreement on the due date for payment and remain in default not less than 30 days after being notified to make such payment;
5.5.3 You take any step or action in connection with entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of Your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
5.5.4 You suspend, or threaten to suspend, or cease or threaten to cease to carry on all or a substantial part of its business; or
5.5.5 there is a change of Control of You (as defined in section 1124 of the Corporation Tax Act 2010).
5.6 On expiry or termination of this agreement for any reason:
5.6.1 all licences and benefits granted under this agreement shall immediately terminate;
5.6.2 each party shall within 30 days of expiry or termination pay to the other party all outstanding sums which are due and payable;
5.6.3 any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect; and
5.6.4 termination or expiry of this agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of this agreement which existed at or before the date of termination or expiry.
6. Intellectual property rights
Our Service, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, "Your Loving Memory Ltd" and "Go Paperless Intellectual Property"), are fully owned or licensed to each other respectively and are subject to copyright and other applicable intellectual property rights under applicable laws, foreign laws and international conventions. Except as provided herein, You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Your Loving Memory Ltd or Go Paperless Intellectual Property other than as explicitly permitted to You under this Agreement.
Any Contact Details, including, inter alia, the companies' logos and trademarks and the Online Card Owners' photos, shall remain vested with their applicable owners, and the use of Our Service as pursuant to this Agreement, does not, by itself, transfer the ownership of intellectual property rights to the Company, but rather grants the Company with an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, publish, distribute, transmit, prepare derivative works of, display and make available to other Online Card Owners any of the Contact Details.
7. Account and security
7.2 You must treat any login information about your account, such as authentication codes, as confidential. You must not disclose it to any third party and must not allow any third party to access Your account.
7.3 If you know or suspect that anyone other than You has accessed Your account you must promptly notify us at Your Loving Memory Ltd on: [email protected].
7.4 You are solely and fully responsible for all activities that occur in Your User Account or under Your name as a User. We cannot and will not be liable for any loss or damage arising from:
7.4.1 Your failure to comply with this agreement;
7.4.2 any breach of security;
7.4.3 any activity under Your User's Account conducted by others on Your behalf and/or under Your supervision, whether or not you were notified of the possibility and/or existence of such a loss of damage. You may be liable for the losses of others due to any such use.
7.5 If You would like to close Your User Account and discontinue using Our Service, You should contact Our customer success team at: [email protected]. We will assist You in closing Your User Account as long as You are acting in good faith and are committed to meet any of Your pending obligations.
7.6 Where Our Service contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
8.1 "Your Loving Memory Ltd" and "Go Paperless Ltd", Our company's logo's and other commercial identifiers We use in connection with Our Service are all trademarks and/or trade names of Ours or of Our third party licensors, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names.
9. Disclaimer and warranties
9.1 Our service is in constant development and improvement, and it is your responsibility to ensure that it is fit for your purposes. Our service is provided on an "as is" and "as available" basis.
9.2 We do not warrant that our service will be uninterrupted or error-free. We may correct, modify, amend, enhance, improve and make any other changes to our service, at any time.
9.3 We make no representation regarding the suitability of our service or any other information provided through it. We disclaim all warranties and conditions with regard to the use of our service, and we are not and shall not be responsible for any error, fault or mistake of any and all information received through our service.
9.4 We make no representation regarding the quality, accuracy and efficiency of our service. We disclaim all warranties and conditions with regard to any reliance or expectations of users with respect to the quality, accuracy and efficiency of our service, and we are not and shall not be responsible for any error, fault or mistake of through our service.
9.5 We make no representation regarding the accuracy and information security of the data. You should not rely solely on our service as the source of contact details and we strongly urge you to backup the contact details.
9.6 We do not warrant or guarantee that any information or content, including, inter alia, any contact details provided through our service will be accurate, and we assume no liability with respect to such information and/or content.
10. Limitations of liability
10.1 The use of our service is solely at your own risk. We will not be liable for any indirect, special, incidental or consequential damages of any kind, whether in an action of contract, negligence or other tortious action resulting from or arising out of our service including, but not limited to, any damages, loss or costs you may suffer due to the installation of our service on your respective mobile device, the use of our service, your reliance on the information provided through our service.
10.2 Our total liability to you, whether in contract, tort (including negligence) or otherwise and whether in connection with this agreement or any collateral contract, shall in no circumstances exceed the greater of: (a) a sum equal to the total sums paid by you to us pursuant to this agreement in the immediately preceding 12 months; and (b) £500.