My Farewell App Terms of Use

My Farewell.co.uk is site operated by My Farewell Ltd hereinafter “My Farewell”, “we” or “us”. We are a limited company registered in England and Wales under company number 11010637.

We operate a video technology platform that is designed to create video messages for family and friends.

Interpretation

"Application" or “App” we mean any application or website that uses or accesses the Platform, as well as anything else that receives or has received data from My Farewell.

“Content” means content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials as loaded onto the Services by Users.

“Corporate Membership” means My Farewell membership for corporate entities.

"Data" or "User data" or "User's data" means any data, including a User's content or information that you or third parties can retrieve from My Farewell or provide to My Farewell through means of the Platform.

“Individual Membership” means personal My Farewell membership for individuals.

“My Farewell Content” means content that is contained within the Services as protected by copyright, trade mark, patent, trade secret and other laws and which is owned by, My Farewell.

“Member” means a My Farewell fully approved registered user of Services.

“Personal information" means facts and other information relating to a living individual who is or can be identified, either from that information or from that information in conjunction with other information that is in, or likely to come into, the possession of the data controller, including actions taken by Users and non-users who interact with My Farewell.

"Platform" means a set of Application Program Interfaces (API’s) and services (such as content) that enable others, including application developers and website operators, to recover data from My Farewell or provide data to us.

"Post" means a displayed or published Content on or through the Services,

“Services” means My Farewell brands, products and services such as our App, our Website.

"Use" means use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

“User” means a Visitor or a Member.

“User Registration Data” means the personal information that was provided by Users as part of the registration process to become a Member.

“Visitor” means a visiting user of the Services who is not registered as a member of My Farewell.

"Website" means the myfarewell.co.uk website as owned by My Farewell.

A Few Things to Know

My Farewell requires all Members to behave in a polite and ethical manner at all times.

Our Website and App allow individuals and groups to create video messages or life stories, to be passed on to their family and friends at a time of their choosing, whether that's now, or when they are no longer around to comfort them in person. Our Members are able to create a profile for display on the Website and App that includes personal information. Our Members can edit their profile, hide their profile, and unsubscribe from the service at any time.

Terms of Use

These terms of use for Users ("Terms") serve as our terms of service that seek to manage our relationship with Users and others (such as visitors) who interact with My Farewell Website and the App (“Services”). By using or accessing our Services, you agree to these legally binding Terms.

This page (together with the documents referred to on it) explain the general terms on which you may make use of our Services, whether as a Visitor or as a Member. Users are only authorised to use the Services (regardless of whether access or use is intended) if they agree to abide by all applicable laws of the United Kingdom, and to these Terms. Please read these Terms carefully before you begin your My Farewell experience. If you do not agree with its entire contents, you should leave the Website and/or App and discontinue use of the Services immediately.

These Terms include My Farewell’s policy for acceptable use of the Services and content posted on the Website, Users’ rights, obligations and restrictions regarding your use of the Services and My Farewell's Privacy Policy as located at https://www.myfarewell.co.uk/privacy-policy. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the services in which you choose to participate, those additional terms are hereby incorporated into these Terms.

Privacy Policy

My Farewell is committed to protecting your personal information whilst using and operating our Services. We strive to create a safe Website and App for you to use. Our Privacy Policy guides your use of our Services and we ask that you read this document in order to make informed decisions about using our Services; this can be found at https://www.myfarewell.co.uk/privacy-policy.

Membership Eligibility and Information

Registering as a Member

If you wish to register as a Member and make use of the Services, you must read these Terms and indicate your acceptance before completing the Registration process.

Available Memberships

Any individual or corporate organisation may apply to register for membership of My Farewell. Please contact our membership team at info@myfarewell.co.uk if you have any queries relating to a membership.

Individual Membership

Any individual can sign up for Individual Membership. Individual membership may also be provided by My Farewell on a discretionary basis.

Corporate Membership

Any corporate entity can sign up for Corporate Membership. Corporate Membership may also be provided by My Farewell on a discretionary basis.

Membership Fees

At present you will not get charged for downloading the App.

Please click here https://www.myfarewell.co.uk/subscriptions to see our current subscription rates.

We reserve the right to change our fees from time to time at our discretion. If we terminate your Membership because you have breached these Terms, you shall not be entitled to the refund of any unused portion of your subscription fees. Likewise if you terminate your membership of My Farewell you shall not be entitled to the refund of any unused portion of your subscription fees.

Password

When you register to become a Member, you will also be asked to choose your own password. Users will solely be responsible for maintaining the confidentiality of their password and in ensuring that other Members do not use their account. Users agree not to use the account, username, or password of another Member at any time or to disclose the password to any third party. Users agree to notify My Farewell immediately if they suspect any unauthorised use of their account or access to their password.

Prohibited

Any profile may be deleted and Membership may be terminated without warning, if the User is under 14 years of age.

The Services are for the personal use of Members only and may not be used in connection with any commercial activities except those that are specifically endorsed or approved by My Farewell.

Account Safety and Member Behaviour

My Farewell strives to create a safe Platform for its Users and uses reasonable endeavours to deliver this, however we are unable to guarantee this level of security. As such Users agree to behave in secure and appropriate manner in relation to all of our Services, to include, but not limited to the following:

  • Not to post unacceptable or inappropriate content, including content that is intimidating, pornographic, provokes violence, contains nudity or unnecessary violence;
  • Not to use our Services to do anything unlawful, misrepresentative, hateful, or prejudiced;
  • Not to ask (or otherwise) for login information or access an account belonging to someone else;
  • Not to upload viruses/malicious code;
  • Not to immobilise, overload, or damage the proper working or appearance of Website, App and or Services;
  • Not to enable, or incite any violations of these Terms or our Privacy Policy.

Member profiles may not include the following items:

  • any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.

My Farewell assumes no responsibility or liability for any material made available on or through its Services by any Member. If Users become aware of misuse of the Services by any person, they should contact us immediately at info@myfarewell.co.uk.

Users agree that we may rely on the User’s Registration Data as being accurate, current and complete. Users acknowledge that if any of their Member profile is considered to be untrue, or incomplete in any respect by us then we reserve the right to terminate these Terms and your use of our Services.

We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting by any User, or to restrict, suspend, or terminate a User’s access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. We also reserve the right to exclude Users who misuse their access to the Services.

Content Posted

We may delete Content that, in our sole judgment, is deemed to violate these Terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. My Farewell assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time My Farewell chooses, in its sole discretion, to monitor the Services, My Farewell nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate.

Content that requires consent

Any and all Content that is loaded by a User and that contains a photograph, movie or music of another individual or belonging to another individual will require the individuals consent to be used on or throughout our Services. The User is responsible for ensuring that all necessary permissions and authorisations have been obtained for any such use.

Content/Activity Prohibited

The below is a non- exhaustive list of examples of Content that is illegal or prohibited to post on or through our Services. We reserve the right to investigate and take appropriate legal action against anyone whom My Farewell at its sole discretion believes is abusing the Services. Prohibited Content includes, but is not limited to

  • promotes racism, bigotry, hatred or physical harm of any kind against any individual or group;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter;
  • using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

Proprietary Rights in Content in My Farewell

You represent and warrant that:

  • Users own the Content posted on or through the Services or otherwise have the right to grant the licence to use such Content,
  • the posting of Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, and
  • Users agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted to or through the Services.

My Farewell Content is protected by trade mark and other laws. My Farewell owns and retains all rights in the My Farewell Content and the Services.

Disclaimers

My Farewell is not responsible for any incorrect or inaccurate Content posted on the Website and or the App in connection with the Services provided caused by Users of the Services.

We accept no responsibility for ensuring the accuracy of such information, and strongly advise all Users to exercise caution in the interpretation and implementation of such information. Profiles created and posted by Members of My Farewell may contain links to other websites. My Farewell is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by My Farewell. When Users access these third-party websites, they do so at their own risk.

My Farewell is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services.

Mobile Devices

If you are using the Services without Wi-Fi, you should remember that your mobile network provider’s terms and conditions shall apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection whilst using the Services, or other third party charges. In using the Services, you are accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (or your agreed data plan with your mobile provider). If you are not the bill payer for the device on which you are using the Services, please be aware that we shall assume that you have received permission from the bill payer before using the Services.

My Farewell Software

By downloading or using our software, such as the App, or a browser plugin, you understand and agree that periodically, the software may need to download and install upgrades, updates and supplementary features in order to advance, improve, and further develop the software.

My Farewell software is the property of My Farewell and Users are expressly prohibited from modifying, creating derivative works of, decompiling, or otherwise attempt to extract source code(s) from us, unless otherwise agreed by My Farewell in writing.

You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is technologically harmful. You are expressly prohibited from gaining or trying to gain unauthorised access to our Services, the server on which our Website is stored or any server, computer or database connected to our Services. Any such breach will be reported by My Farewell to the relevant law enforcement authorities and we will co-operate with those authorities by divulging your identity to them. In the event of such a breach, your right to use our Services will immediately terminate.

Editing your information

You may review, update or amend your personal information contained within your Member account, by logging into your account at any time.

Terminating or Cancelling Your Account

Should you wish to terminate your account with My Farewell, we ask that you send such request to info@myfarewell.co.uk. Your request will be actioned within 5 working days of My Farewell receiving such a request.

Termination and Temporary Suspension

My Farewell will judge, in its sole discretion, whether there has been a breach of its Terms on the part of its Users. When a breach of these Terms has occurred, we may take such action as deemed appropriate by us. These may include, but are not limited to:

  • Immediate, temporary or permanent removal of a User’s right to use our Services;
  • Immediate, temporary or permanent removal of any posting or material uploaded by a user to our Services;
  • Issue of a warning to a User;

My Farewell excludes liability for actions taken in response to breaches of Terms. The responses described herein are not limited, and we may take any other action we reasonably deem appropriate.

These Terms shall remain in full force and effect while the Services are used or the User is a Member. Users may terminate their Membership at any time, for any reason, by logging onto their subscription manager in their Apple ICloud Account and following the process contained within it. As stated under the sub heading “Membership Fees” above, Users will not be entitled to the refund of any unused portion of their subscription fees.

We may terminate your Membership at any time, without warning. Although please note that even after Membership is terminated, these Terms will remain in effect.

Changes to Terms

My Farewell may modify these Terms at any time and any such modification shall be effective upon posting of the Terms on the Website. Users agree to be bound by all changes to these Terms when they use the Services after any such modification is posted. It is therefore important that Users review these Terms regularly to ensure you are fully aware of any changes.

Users Outside of the UK

Users who engage with My Farewell outside the UK consent to having their personal data transferred to and processed in the UK by My Farewell.

Limitations

In no event shall My Farewell be liable to you, any user, or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the Services, even if My Farewell has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, My Farewell's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to My Farewell for the Services during the term of Membership.

Miscellaneous

These Terms are accepted upon use of the Website and App or any of the Services and is further affirmed by becoming a Member. These Terms constitute the entire Terms between you and My Farewell regarding the use of the Services. The failure of My Farewell to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is deemed to be unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Disputes

The English courts will have exclusive jurisdiction over any claim arising from, or related to, our Services, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Users agree to indemnify and hold My Farewell, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of use of the Services in violation of these Terms and/or arising from a breach of these Terms and/or any breach of representations and warranties set forth above and/or if any Content that Users post on the Website or through the Services causes My Farewell to be liable to another.

My Farewell shall not be liable for any distasteful, unsuitable, indecent, illegal nor otherwise unacceptable content or information that shall be made available through its Services, nor is it responsible for the conduct, of any Users of My Farewell or otherwise.

Please contact us at: info@myfarewell.co.uk with any questions regarding these Terms.