Please read these Terms carefully before you start to use the Website. Use of the Website constitutes your acceptance of these Terms and your agreement to comply with them.
If you do not agree with or accept any of these Terms, you should stop using the Website immediately. We recommend that you print a copy of these Terms for future reference.
We reserve the right to amend these Terms from time to time. We will update our Terms from time to time and recommend that you check our Terms regularly when visiting the site to ensure you understand the Terms that apply at that time of use.
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.
1 Information about us
The Website is operated by Avalon Trustee Company Limited incorporated in England and Wales under company number 02836336 and having its registered office address at Unit A2 Brooke Court, Handforth Dean, Wilmslow, Cheshire, SK9 3ND (“we” and “our”).
We are registered with the Funeral Planning Authority (FPA) and a member of the National Association of Funeral Directors.
2 Using the Website
2.1 The Website is for your personal use only.
2.2 Nothing in these Terms grants you any legal rights in the Website other than as necessary to enable you to access the Website. You agree not to modify, adjust, circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular any digital rights or other security technology embedded or contained within the Website.
2.3 You agree not to reverse engineer or decompile any parts of the Website.
2.4 We may prevent or suspend your access to the Website if you do not comply with any part of these Terms or otherwise at our sole discretion.
3 The nature of our LifeLocker Website
3.1 Our Website is designed as a place for you to leave messages, to store information (the "Services") and to find information/links to other services provided by third parties which may be of interest to you.
3.2 You may be providing us with information that you wish to share with others as part of the Services so please give careful thought to this. The information you add to your account (sometimes referred to as posting content, selecting content or uploading content) on the site will only be visible to you and your Keyholders and will not be seen by the public unless you select an option to share your content via a third party.
3.3 Whenever you make use of a feature that allows you to upload your content to our Website you must comply with the content standards set out in our Acceptable Use Policy.
3.4 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
3.5 You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. This does not mean that we will pass on your personal data to other parties but we may use your content to provide us with survey information (a survey is described below in point 5). Your identity will always remain confidential.
3.6 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
3.7 We have the right to remove your content you add to our Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy [INSERT mouse over LINK TO Acceptable Use Policy].
4 Password Security
4.1 When you register to use the www.lifelocker.com you will be asked to create your own password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for your content including any post, messages, lists, records submitted under your account (sometimes referred to as a post or posting or uploading). If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately. In the event you believe that someone knows your personal password you should change your password immediately.
4.2 Nominate your ‘Keyholder’. You will be invited to nominate up to 2 Keyholders on your account, these can be family members or friends. Your Keyholders will have access to your profile pages with their own security passwords. A Keyholder will be able to view your profile content. Your Keyholders will not be able to change, alter or amend any of the information you place in your profile pages.
5 What we will do with the information to put on your account – your content
5.1 We may survey the information (your content) that you and other account holders upload post or select on the site. This means we may use aggregated responses or account holder content from any number of account holders and publish the results on the website or use the survey data in conjunction with a marketing promotion. For example a typical survey may be: From a cross section of 1000 account holders in the 45 – 56 age group, 60% said they preferred to have money gifted to charity rather than 40% who still wanted traditional flowers at their service. This simple illustration shows how a group of account holders feel on a particular subject and may help other people who see the results understand issues around later life planning or how a particular group feel in relation to an issue.
5.2 We will never identify any individual or group of account holders by name unless with the account holder/s express written consent.
6 How the account is closed
6.1 You may close your account at any time. If you give us notice that you wish to close your account then you accept that we will need a reasonable period of time in which to delete all of your data files and account.
6.2 We have the right to close your account or disable any password (whether chosen by you or allocated by us, at any time) if in our reasonable opinion you have failed to comply with any of these Terms or are using our Services in a manner other than for which they are intended.
7 Data Storage
7.1 We will keep your information stored securely but may sub-contract the provision of hosting and server space from third parties on servers that are in the European Economic Area (EEA) and by using our Website you consent to this.
8 Ownership, use and intellectual property rights
8.1 The Website and all intellectual property rights in it including any content (including but not limited to text, photographs, graphics and software), are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and are free to use them as we see fit.
8.2 Your use of any trade marks on the Website is strictly prohibited unless you have our prior written permission.
8.3 You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use.
8.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
8.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
9 Accuracy of information and availability of the Website
9.1 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
9.2 While we try to make sure that the Website is accurate, up-to-date and free from bugs, we cannot promise that it will be so. Furthermore, we cannot for any purpose.
9.3 While we try to make sure the Website is available for your use, we do not promise that the Website is available at all times nor do we promise the uninterrupted use by you of the Website.
11 Hyperlinks and third party sites
11.1 The Website may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for your convenience and information only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms of that third party site.|
11.2 You may create a link from your website to the home page of this website provided that you do not link to this website from any site containing obscene, defamatory, threatening, inflammatory or degrading material or material which infringes the intellectual property or other rights of any third party or which is otherwise unlawful. By linking to this website, you agree that you have read and agree to be bound by this Linking and Framing Policy ("this Policy"). You agree not to use any trademark of Avalon Trustee Company Limited, or any related graphic, as a link without prior written authorisation from Avalon Trustee Company Limited. If you do create a link to this Website, you do so at your own risk and these Terms apply to all use of this Website. Links are permitted to the home page only and not to any other pages of this website. Any deep-linking to or framing of this website may only be made with the prior written consent of Avalon Trustee Company Limited.
11.3 You must not misrepresent your relationship with us or present false or misleading information about us. Links may not be used in a manner that implies or suggests that we approve or endorse you, your Website or your goods and/or services (except as we may have agreed separately with you in writing). We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us and hold us harmless from all claims or losses or expenses incurred arising out of or based on the linking to your linking to our Website.
11.4 We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to this Website from your website.
12.1 We do not guarantee that our Website will be secure or free from bugs or viruses.
12.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. It is recommended that you should use your own virus protection software.
12.3 You must not misuse our Website or knowingly introduce viruses, trojans, worms, logic bombs keystroke loggers, spyware, adware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
13 Limitation on our liability
13.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
13.2 The Website is for your personal use only and we shall not be liable 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 of business opportunity, goodwill or reputation; or
13.2.5 any indirect or consequential loss or damage.
13.3 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill you may be able to ask for compensation under consumer protection law. Compensation isn’t guaranteed and you are recommended to take legal advice. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14 Applicable law
These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
‘www.lifelocker.com’ is owned by Avalon Trustee Company Limited, Brooke Court, Lower Meadow Road, Handforth Dean, Wilmslow, Cheshire, SK9 3ND
‘www.lifelocker.com’ is a trading style of Avalon Trustee Company Limited, registered in England No. 02836336.
Avalon Funeral Plans is a trading style of Avalon Trustee Company Limited, registered in England No. 02836336.
Registered with the Information Commissioners office under numbers Z2182327 and Z2182344
UK email: email@example.com