TRIBUTES ONLINE

TRIBUTE PROVIDER AGREEMENT

These terms and conditions

1. These terms and conditions are the terms on which we offer you access to the Tributes Online website as a Tribute Provider. By using the website you accept these terms and conditions.
    
2. In these terms and conditions the following expressions, unless the context requires otherwise, mean:

a memorial website is a page or number of pages on the website where tributes to a deceased person are placed by you and other users;

services means the Tribute Provider services that we offer to you from time to time using the website;

a tribute is information relating to a person who has died;

use means placing information on or accessing the website;

user means any person who uses the website;

website means of the Tributes Online website through which the services are provided;

you and your are a reference to you

we, our and us are a reference to Tributes Online.

3. These terms and conditions may be amended by us from time to time. Amendments will be effective immediately on posting on the website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the website represents your agreement to be bound by the terms and conditions as amended.

Right of access

4. As a Tribute Provider you will be allowed access to the website to establish memorial websites for deceased persons and to allow tributes to be placed on those memorial websites by you and other users.
    
5. Your right to use the services is personal to you and cannot be transferred.
    
6. You warrant that you have provided complete, accurate and current information about you when applying to become a Tribute Provider. You must maintain and update that information to ensure it remains current at all times.

Memorial websites and Tributes

7. A memorial website can include the following information:
   
   • Name and photograph of the deceased person:
     
   • Date of birth and death;
     
   • Tribute text;
   
   
   • Funeral service details;
   
   
   • A link to a tribute book for others to add comments;
   
   
   • A link to a map of the funeral service venue;
   
   
   • Email notification when the tribute is published;
   
   
   • Email reminder of the anniversary of death;
   
   
   • Any other information and links approved by us.
8. For each memorial website that you establish you warrant:

   (a) To the best of your knowledge and belief the information on that memorial website is, and on a continuing basis will remain, accurate;

   (b) You have the approval of the next of kin, executor/administrator or other responsible person to establish and maintain the memorial website;

   (c) You will immediately at your cost correct any information that is found to be wrong, inaccurate or misleading;

   (d) All tributes will be promptly passed on to the family or the deceased;

   (e) We reserve the right to reject any tributes which we in our sole discretion consider offensive or inappropriate.



9. The tribute will remain on the website until removed by us.
    
10. Memorial Websites and Tributes are not pre-screened for content and we reserve the right to remove or correct the content of any website or tribute is that we consider in our absolute discretion to be unsuitable or in breach of these terms and conditions.

Fees

11. Our current fees are listed throughout the website. All fees are inclusive of GST.
     
12. We reserve the right to change the fees charged for any of our services at any time. If we introduce a new service, the fees for that service are those that are effective at the launch of the service, unless otherwise stated. The fees are payable as set out on the Registration page.

Privacy

13. We will not disclose personal information obtained in providing the services unless:

    (a) Disclosure is anticipated by the nature of the service provided;

    (b) Disclosure is required by law; or

    (c) We have your express approval.

Security

14. You are responsible for keeping your logon information including your e-mail address and password, secret and secure. Without limiting the foregoing you agree:

    (a) not to permit any other person to use your username; and

    (b) not to disclose or provide to any other person your password, or any information that may allow them to gain access to your user rights to the website.

15. You must not attempt to damage, interfere or harm the website or services or any network or system underlying or connected to them.

Intellectual property

16. We (and our licensors or suppliers, as the case may be) own all proprietary and intellectual property rights in the website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the website. You may not without our prior written permission, in any form or by any means:

    (a) Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

    (b) Commercialise, copy or on sell any information or items obtained from any part of the website.

Specific warnings

17. We will use our reasonable endeavours to ensure the availability of the website and services subject to any downtime required for maintenance. However, we take no responsibility for any system unavailability or for any losses incurred as a result of the website or services being unavailable. Further, we assume no responsibility for the corruption of any data or information held by us or on the website.
     
18. You expressly understand and agree that:

    (a) Your use of the services is at your sole risk. The website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaimer and exclude all implied conditions and warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose and non-infringement;

    (b) We do not warrant that the services will be uninterrupted, timely, secure or error free or that any information on the website is error free or reliable;

    (c) Responsibility for the content of advertisements appearing on the website (including hyperlinks to advertisers or websites) rests solely with the advertisers. The placing of advertisements on the website does not constitute our recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

19. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of us to you or any other person under or in connection with these terms and conditions, or in connection with the services, this website or any other users acts or omissions or your use of or inability to use the services on the website is excluded regardless of whether such liability arises and contract, tort (including negligence), equity, breach of statutory duty or otherwise. Our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages and consequential and incidental loss.

Indemnity

20. You agree to release, indemnify and keep indemnified Tributes Online from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities or demands suffered or incurred by us or any other person arising out of or in connection with your failure to comply with these terms and conditions or arising out of any information or content you submit, post, transmit or make available through the website or using the services.

Breach and termination

21. If we do not exercise or enforce any rights available to us under these terms and conditions, it does not constitute a waiver of those rights.
     
22. Without limiting any other rights or remedies available to Tributes Online, we may limit your activities on the website, remove any information provided by you, issue a warning to you, or suspend or terminate your right to use the website if you breach these terms and conditions or where we otherwise consider it appropriate.
     
23. In addition to our rights under the preceding clause we reserve the right to terminate all or any of the services at any time as determined by us.

General

24. If any provision of these terms or conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, the provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
     
25. These terms and conditions supersede all previous understandings, commitments, agreements and representations whether oral or written and they constitute the entire agreement between the parties relating to the subject matter of these terms and conditions.
     
26. These terms and conditions are governed by the laws of New Zealand. You submit to the non exclusive jurisdiction of the courts of New Zealand.

Notes

1. All fees are payable by direct debit or credit card dependent on the services required.


2. Tributes Online reserves the right to amend the fees for its services at any time without prior notice.