Skip links

Welcome Memorisation website and our OR Keepsakes Service (our “Platform”). Our Platform is a digital platform for Memorial profiles offering a unique way to keep your loved ones close to your heart. These Terms of Use (the “Terms”) constitute a legal agreement between you and Memorisation of [Insert Business address] (“Memorisation”, “we” or “us”) governing the use of our Platform and our Services. We license use of our Platform to you on the basis of these Terms. We do not sell our Platform to you, and we remain the owner of our Platform at all times.

1. Terms of Use

1.1. The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.

1.2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our Platform on these Terms.

1.3. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that:

1.3.1. you have read the terms set out in these Terms and agree to be bound by and comply with them; and

1.3.2. you shall ensure that all Users of your Account abide by these Terms.

1.4. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.

1.5. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages).

1.6. We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

1.7. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.

1.8. The following additional terms also apply to your use of our Platform and form part of these Terms:

1.8.1. Fair Use Policy

1.8.2. Our Privacy Policy

1.8.3. Our Cookie Policy

2. Terms of Sale

These Terms of Sale govern the purchase of Products offered on our website, these Terms of Sale are supplemental.

2.1. Basis of Order and Acknowledgement

2.1.1. The Contract is subject to these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions you purport to apply in any Contract).

2.1.2. Minimum order quantities and/or values may apply at our discretion.

2.1.3. You represent that you are at least 18 years of age, and if you live in another state or country, you are of the age necessary to enter into contracts according to the laws of your home state or country.

2.1.4. A Contract shall not be effective until we have issued written acknowledgement and acceptance of such Contract (notwithstanding any earlier confirmation of receipt).

2.1.5. We may in our sole discretion decline any purchase order placed by you. No change or modification of the Contract shall be allowed after acceptance by us unless accepted in writing by us. If there is any conflict between the prices indicated online and our acknowledgement of the Contract, then the latter shall take precedence.

2.2. Products Descriptions and Prices

2.2.1. We do our best to ensure that the information about Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them. Also, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours.

2.2.2. We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.

2.2.3. All prices quoted are in GBP and are inclusive of VAT.

2.3. When Orders are not accepted

2.3.1. While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed the Products you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the Products. If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order.

2.3.2. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.

2.4. Cancellation of Orders

2.4.1. Memorisation reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Memorisation may do this for example, but without limitation, where:

2.4.1.1. Memorisation suppliers are unable to supply Products that they have previously promised to supply;

2.4.1.2. an event beyond Memorisation control, such as storm, fire, flood or failure of computer systems, means that Memorisation is unable to supply the Products within a reasonable time;

2.4.1.3. Products ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

2.4.1.4. you ask Memorisation to cancel your Order; or

2.4.1.5. Where Memorisation cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

2.4.2. In the event of Memorisation cancelling your Order after payment has been processed, Memorisation will refund any money paid in respect of that Order.

2.4.3. Except to the extent otherwise required by law or as expressly set out in these terms and conditions, Memorisation will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

2.5. Availability of Products

You acknowledge and agree that, from time to time, certain Products may be out of stock or unavailable. Memorisation reserves the right to withdraw or suspend from sale any Products displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law, Memorisation will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

2.6. Passing of Risk and Title

The risk in the Product shall pass to you on delivery as set forth herein. The full legal, beneficial and equitable title to the Product shall remain vested in us (even though they have been delivered and risk has passed to you) until we give written notice to you to pass legal and beneficial ownership of the Product to you or, if earlier: (a) payment in full, in cash or cleared funds, for all the Product has been received by us; and (b) all other money payable by you to us or under the Contract or any other contract or order has been received by us. Our rights and remedies set forth herein are in addition to and shall not in any way prejudice, limit or restrict any of our other rights or remedies under the Contract or in law or equity. We shall be entitled to maintain an action against you for the price of the Product notwithstanding that legal, equitable and beneficial title to and property in the Product has not passed to you.

3. Subscription

3.1. Some Services may require payment of subscription fees and/or other ad-hoc or ancillary fees before you can access or use them (“Fees”). These Fees will be notified to you through our Platform.

3.2. If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our Platform. By purchasing the recurring subscription, you authorise us or our related corporations to automatically charge the Fees:

3.2.1. upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and

3.2.2. on the renewal date of the subscription period thereafter, without any further action by you.

3.3. Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our Platform or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our Platform or any of the Services.

3.4. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.

3.5. You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.

3.6. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

3.7. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.

3.8. Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription to our Platform, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.

4. Right to Cancel

4.1. Under the Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013, you have a cooling off period of 14 “working days” during which you are entitled to cancel your purchase if, for any reason, you decide you no longer want the services from the date the contract is concluded (i.e., the date we send our Order Confirmation email). However, this right expires if you already used or accessed our services. If you have not yet used or accessed our services and wish to cancel your contract with us, please contact us.

4.2. Upon accessing your account, you expressly agree that we may begin supply our services to you before the end of the 14-day cancellation period referred to above. You also acknowledge that your legal right to cancel this contract as described will be lost when you access your account because, at that point, we will have begun the supply of the services.

5. Refunds

Memorisation provides both customised physical products and digital services as such content is immediately viewable and usable as such All Sales Are Final. Nonetheless, In the event you are cancelling your Order after payment has been processed and you have not fully registered for the profile, Memorisation will refund any money paid in respect of that Order minus a cancellation fee of £25 to cover administration costs.

6. Technical Error

In the unlikely event that you are experiencing or have experienced a technical error on our platform, please contact us with details and images of your experience so we can investigate the error and determine if a refund is owed to you.

7. Uploading content to our platform

7.1. You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Platform complies with our Privacy Policy, Fair Use Policy, the UK`s DPA and GDPR and any other applicable laws.

7.2. You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:

7.2.1. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or

7.2.2. the loss of any content or data provided to us by you. You should keep a record of all such content and data.

7.3. We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.

7.4. We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the Platform.

7.5. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law.

7.6. We have the right to delete any content uploaded to our Platform if, in our opinion, it does not comply with the content standards set out in our Fair Use Policy.

8. Prohibited Uses

8.1. You may use our Platform only for lawful purposes. You may not use our Platform:

8.1.1. in any way that breaches any applicable local or international laws or regulations;

8.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

8.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and

8.1.4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful

programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

8.2. You also agree:

8.2.1. not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our Terms; and

8.2.2. not to access without authority, interfere with, damage or disrupt:

8.2.3. any part of our Platform;

8.2.4. any equipment or network on which our Platform is stored;

8.2.5. any software used in the provision of our Platform; or

8.2.6. any equipment or network or software owned or used by any third party.

9. Restrictions

9.1. Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:

9.1.1. not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Platform or any of the contents therein for any commercial or other purposes;

9.1.2. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;

9.1.3. not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;

9.1.4. to include our copyright notice on all entire and partial copies you make of our Platform on any medium;

9.1.5. to comply with all applicable technology control or export laws and regulations; and

9.1.6. not to disrupt, disable, or otherwise impair the proper working of the Services, our Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.

10. Intellectual Property Rights

10.1. You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.

10.2. Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive licence to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Platform.

10.3. You acknowledge that you have no right to have access to our Platform in source code form.

10.4. You must not modify the paper or digital copies of any materials you have printed off or downloaded from our Platform in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

10.5. You must not use any part of the content on our Platform for commercial purposes not specified on our Platform without obtaining a licence to do so from us or our licensors.

10.6. If you print off, copy or download any content on our Platform in breach of this Agreement, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

11. Fair Use Policy

11.1. Through this fair use policy we seek to ensure an optimal, as well as fair, user experience and support experience for all our customers. Memorisation is committed to an up-front, published, simple, transparent and no-nonsense subscription pricing model. We don’t set out to tempt users with low up-front pricing and then “pile on” additional charges for storage etc. We do not charge extra fees for storage or extra hidden charges when the services are used reasonably and normally. However to maintain that position we need to ensure that the provision of our services is not monopolised by a small subset of customers. Ultimately, provision of the Services must be profitable, as well as fair and transparent.

11.2. Memorisation does not charge extra costs when the Services are used reasonably and normally. When we determine the scope of Fair Use we take into account your contract, the observed use, technical advances and the current price rate of all necessary assets. We’ll adjust these values when there is reasonable cause. In general, this will often mean expansion and raising of thresholds and reducing the cost of excessive use, as a result of lower costs of cloud storage and cloud computing. We will inform you in a timely fashion, when these changes affect your costs or use. When we detect something out of the ordinary in your Profile or Service usage, we’ll contact you to discuss the situation and potential alternatives. In extreme cases, we may be required to limit the Service usage.

12. Warranties

12.1. While we make all efforts to maintain the accuracy of the information on our Platform, we provide the Services, Platform and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.

12.2. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.

13. Limitation of Liability

13.1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our Platform and any Related Content. You expressly agree that your use of the Services and our Platform is at your sole risk.

13.2. You agree not to use the Services, our Platform and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Platform or any other website or software) for:

13.2.1. loss of profits, sales, business, or revenue;

13.2.2. business interruption;

13.2.3. loss of anticipated savings;

13.2.4. loss or corruption of data or information;

13.2.5. loss of business opportunity, goodwill or reputation; or

13.2.6. any other indirect or consequential loss or damage.

13.2.7. Nothing in these Terms shall limit or exclude our liability for:

13.2.8. death or personal injury resulting from our negligence;

13.2.9. fraud; and/or

13.2.10. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

13.3. We shall not be liable for any loss of data or content.

13.4. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these

Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

14. Indemnity

You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Platform, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms (including our Privacy Policy, Fair Use Policy or Cookie Policy) or any laws or regulations or otherwise.

15. Other Important Terms

15.1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.

15.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

15.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.

15.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.

15.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

15.7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of England and Wales. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.