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This site is made available for access by the public subject to the terms below. If you do not accept these terms you may not access the site and should leave immediately.
 
Terms & Conditions

Disclaimer and legal notices — please read
Access to and use of this website is provided by Remembrance Online (Pty) Ltd, a company duly incorporated according to the Company Laws of the Republic of South Africa with registration number 2005/029938/07, (hereinafter referred to as “Remembrance Online”), and its affiliates, (hereinafter collectively referred to as “we”, “us” and “our”), on the following conditions and any other directions or rules of use on this website (hereinafter referred to as “Terms”).

If you access this website (other than to read these Terms for the first time), you agree to these Terms. We reserve the right to change the Terms at any time by posting changes on-line. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the website after any changes are posted, you agree to all of those changes.

Disclaimers, warranties and indemnity

General disclaimers
Use of this website is at your risk. To the maximum extent permitted by law, neither we nor any of our respective employees, agents, third party content providers or licensors make any express or implied representations or warranties about, or will be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with, this website, its use, its content or any products or services (including our products or services) referred to on this website.

This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a)  your reliance on the completeness, accuracy, suitability or currency of the website or its content;
(b)  failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(c)  accessing any websites or servers maintained by other organisations through links on this website. Links are provided for the convenience of our website users only and without responsibility for the content or operation of those websites. Unless otherwise stated, linked websites and their products and services are not endorsed by us and you link to any such website at your own risk; and
(d)  defamatory, threatening, offensive or unlawful conduct of third parties.

Exclusion of implied warranties
To the maximum extent permitted by law, we exclude all conditions and warranties that otherwise would be implied in any transactions for the supply by us of information, products or services offered on this website (including warranties of satisfactory quality, merchantability and fitness for purpose).

Indemnity
You agree to defend, indemnify and hold harmless Remembrance Online, its affiliates and their respective employees, agents, third party content providers and licensors against all claims, expenses, liabilities, losses, costs and damages, including legal fees on the attorney and client scale, which they may incur in connection with your use (or, where applicable, any other person using your username and password) of this website or any linked website or resulting from content which you (or, where applicable, any other person using your username and password) may supply.

Intellectual Property

Copyright
The material on this website is protected by copyright under the laws of the Republic of South Africa and, through international treaties, other countries.

Trade Marks
No trade marks belonging to us (whether registered or otherwise) may be used without our prior written permission. The use or misuse of these trade marks, except as expressly authorised, is prohibited.

Ownership of copyright
By sharing any contribution (including any text, photographs, graphics, video or audio) with us you agree to grant us, free of charge, permission to use the material in any way we want (including modifying or deleting it). In order that we can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any laws and that you have the right to give us permission to use it for the purposes specified above.

Using content subject to copyright on this website
You may not, without our prior written permission, exploit any of our website material for commercial purposes.


If you think your copyright has been infringed
We take issues of copyright and intellectual property very seriously. If you believe that any part of this website in any way infringes your copyright or other intellectual property rights, please contact us via our website at www.remembranceonline.com.

Creating links to this website
We would be happy to discuss this with you. However, you must not link to this website without firstly obtaining our consent in writing.

Our links to other websites
This website may contain links or references to internet websites operated by other organisations ("Other Sites"). We have provided these links only as a courtesy - this should not be interpreted in any way as an endorsement of those Other Sites. Other Sites are not under our control and so we are not responsible for the content of any Other Site. We make no representations or warranties and accept no responsibility for the accuracy, completeness, content or use of the information you may access at Other Sites.

We can use your feedback

When you send us any feedback or suggestions about this website or our business, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.

User conduct


Lawful and authorised use only

You must use this website only for lawful purposes and for the purposes explicitly outlined and authorised in this website (including in these Terms).
If any part of this website requires you to provide a username and password in order to access or otherwise use any part of this website, you must ensure that you have the necessary authority to use such username and password.
No unauthorised use of a username and password is permitted.

General prohibitions

You must not:
(a)  use this website, or any tools offered through this website in a manner; or
(b)  up-load, post, transmit, or otherwise make available through this website any material, which:
(i)  violates or infringes the rights of others (including their intellectual property, privacy and publicity rights);
(ii)  is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
(iii)  encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
(iv)  restricts or inhibits any other user from using or enjoying this website;
(v)  affects the functionality or operation of this website or its servers or the functionality or operation of any users' computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
(vi)  breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.

Co-operation with authorities

We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials that the requesting or directing authority claims violates any applicable law.

Disclaimer about others' materials

The majority of content posted on this website is created by members of the public. The views expressed are theirs and are not necessarily controlled or monitored by us. We accept no responsibility for any loss or harm incurred.

Applicable Law

Republic of South Africa law applies
This website (excluding any linked, third party websites) is governed by the laws of the Republic of South Africa. Any disputes must be determined by the courts having jurisdiction in the Republic of South Africa. You irrevocably and unconditionally submit to this jurisdiction.

Unenforceable Terms
If any provision of the Terms is found by a court to be invalid or unenforceable, such invalidity or unenforceability will not affect the remaining Terms.

Access to this website from outside of South Africa

You must ensure that access to and use of this website is in accordance with the laws of your jurisdiction.

Your responsibilities under laws affecting you

You are responsible for ensuring that your use of this website is lawful, does not infringe any third party's rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant internet industry codes of practice).

No offers where illegality arises

Nothing on this website constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

Remembrance Online Pty is not responsible for the content of external Internet sites or hyperlinks. Users are advised to use linked sites with caution and in accordance with any terms of use of these sites. No part of this site may be viewed within frames of a third party site.

Remembrance Online Pty will act in accordance with current legislation and aim to meet current Internet best practice. Please Contact Us with questions.

Funeral home

Terms and conditions to be accepted by Funeral Home for the use of RO online memorial site and internet/mobi based platform for sale of Funeral Insurance.
I hereby agree to and accept the following terms and conditions: -

1   I certify that I am duly authorised by the Funeral Home now subscribing to this service (hereinafter ‘the FH’) offered by Remembrance Online (Pty) Ltd (hereinafter ‘RO’) to accept these terms and conditions on its behalf.
 1.1   A Funeral Home belonging to a franchise holder of Martin's Direct (hereinafter 'MD') is hereinafter referred to as 'an MD FH.'
 1.2   A Funeral Home other than one described in 2.1 above is hereinafter referred to as 'an independent FH.'

2   RO undertakes to provide an internet/mobi based platform for the Funeral Home to use for the creation of online memorials, obituaries and for related event notification purposes.  This web site is hereinafter referred to as ‘the memorial site.’  RO further undertakes to make available to the FH, an internet platform accessible from any internet-enabled cell phone, hereinafter referred to as ‘the FH mobi site’ through which application for funeral insurance may be made.

3   I confirm that I have familiarised myself with, and fully understand, the method of using both the memorial site. I understand and accept that the FH uses both at its own risk.

4   For the first thirty (30) days the service provided by RO is free and thereafter the FH shall pay a monthly or annual subscription, at its own discretion.  Should the FH fail to renew the subscription on or before the due date, the facility for the creation of online memorials and the use of the FH mobi site is automatically suspended.  RO shall not be required to give notice of such suspension or impending suspension.  On subsequent payment of the subscription, the facility will be restored at once with effect from the date of renewed subscription.

5   RO shall not be responsible for any incorrect, incomplete or misleading information provided by the FH, whether provided on the memorial creation form or on the FH mobi site.  The FH hereby indemnifies RO against any liability, of any nature whatsoever, and specifically against damages resulting from incorrect, incomplete or misleading information.  The FH accepts responsibility to ensure that information is correct and to inform RO immediately of the necessity for amendment or removal of information already entered.

6   Information provided by a client of the FH who applies for funeral insurance through the FH mobi site is transmitted directly to the insurance agent.  OR does not store or have access to this information and acts purely to establish contact between client and insurance agent.  OR is not an insurance agent.  While every care is taken to ensure the privacy and integrity of data transfer, OR does not guarantee either.  The FH indemnifies OR against damages resulting from corruption of application data or its disclosure to a third party.

7   Commission on insurance sales resulting from applications made as described here, from the date of subscription, is payable to the FH.  Should RO’s service be suspended in terms of clause 4 above, commission on insurance sales resulting from applications submitted during the currency of the subscription shall be payable even though the first premium payable on the resulting policy should become due after date of suspension.
 7.1   Commission as described above due to an MD FH is payable directly by the insurance agent at such intervals as the latter shall determine.  RO disclaims all responsibility for such payment and the FH hereby indemnifies RO against all claims in respect of late, incorrect or missing commission payments by the agent.
 7.2   Commission as described above due to an independent FH shall be payable by RO to the FH at such intervals as RO shall determine.
 
8   RO shall not be responsible for disputes arising between the FH and/or its client, Insurance Broker, Insurer, Underwriter or Insurance Agent.  The FH hereby indemnifies RO against all liability for damages suffered by it that may arise from claims or disputes between the FH and/or a client or Insurance Broker, Insurer, Underwriter or insurance agent from the use of the FH mobi site for the sale of any insurance products or services.

9   RO shall take all reasonable care to render its services as advertised.  However, the FH uses both the memorial site and the FH mobi site at its own risk.  The FH hereby indemnifies RO against any liability and holds RO harmless for any damages suffered, of any nature whatsoever, caused by any act or omission by RO, whether negligent or otherwise.