About us

thefarewellguide.co.uk is a website and soon a mobile app (together referred to in these Terms and Conditions as a “Platform”) and host advertiser which, amongst other things, compares the price of funeral products, stores wishes and other services. 

thefarewellguide.co.uk is a trading name of The Farewell Guide Limited. Registered In England No. 12255796. Registered Office: The Fuel Tank, Creative Road, London SE8 3LE. The Farewell Guide Limited has applied for regulation through the Financial Conduct Authority, application number 0003672202. 

We provide a service which enables Customers to compare several prices for funerals products and services, as well as product information from partner providers on our directory. This will enable the Customer to make an informed decision before proceeding to a chosen provider for further information and clarification of their wants and needs.

We do not provide financial or other advice in relation to the funeral plans, products or services compared, nor do we provide a recommendation or endorsement.

When it comes to providers, we don't choose favourites. We offer impartial and independent comparison; we are not affiliated to any funeral providers and allow easy access to funeral providers across the UK for the convenience of the customers, and to support funeral directors to reach a digital audience.

Definitions

Company details. The Farewell Guide Ltd ,company number 12255796,  ( we and us and our) is a company registered in England and Wales and our registered office is at The Fuel Tank, Creative Road, London SE8 3LE.

Partner means any funeral director or business entity which subscribes to the Services of The Farewell Guide as set out in and in accordance with these Terms (as defined below) (Partner and you and your).

Customer means any user, planner or consumer who plans a funeral via our free supportive portal; thefarewellguide.co.uk 

Background

2.1. We provide a website where Customers can be supported with end-of-life planning, note their funeral wishes and plan a bespoke funeral for their own needs, or for their loved ones for free. There is an option for the Customers who require funeral services to save estimated prices (based on funeral directors own standardised prices lists ) and shortlist their preferred funeral directors/providers that are within our directory, at which point we will notify you about the consumer's wishes and their shortlisting of your business. They can obtain a quote for their funeral wishes/plan and other services of the nature described in the Schedules to these Terms. 

2.2. Customers can search for funeral directors within their local area or nationally who might support their specific needs, and we can arrange contact between the Customers and those funeral directors selected by the Customer in relation to required services and wishes.

Our contract with you

3.1. Our contract. You agree to accept these Terms by either ticking the relevant on-screen tick box when prompted to do so via our website, or by electronically signing the terms when sent to you by email at which point you subscribe for any or all our Services. These Terms will apply to any and all dealings between you and us in relation to any Services including  Membership fee.  These Terms are the only terms on which we will deal with you. These Terms apply to the entire exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.

3.2. Entire agreement. The Terms and the Contract form the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Terms and the Contract.

3.3. Language. These Terms and the Contract are made only in the English language.

3.4. Your copy. You should print a copy of these Terms or save them securely for future reference.

3.5 We review all applications for membership from funeral directors and plan providers, to verify the legitimacy of each request. We will do this using the National Association of Funeral Directors, National Society of Allied and Independent Funeral Directors, the Financial Conduct Authority, Companies House and other relevant trade bodies and organisations. It is at the discretion of The Farewell Guide to verify your application.  

Requesting more information from a chosen partner/supplier process and acceptance of Customers from us

4.1. We will provide our services and support to enable a Customer to plan and arrange a funeral and potentially book Partner Services with you via the Platform, email or by telephone.

4.2. Arranging a funeral. The Customer will choose the Partner Services they require more information from , and select the desired Partners they would like to follow-up with about their wishes according to their needs. Once the Customer has planned a funeral, they will have the option to save funeral provider price estimates based on Standardised Price Lists, and shortlist these providers via the Platform. We will notify you of the Customer's actions in this instance when you have been shortlisted. The Customer may also contact you via our portal or by telephone or email.

4.3. Introduction. We will arrange the Introduction of the Customer to you by way of email notification, via thefarewellguide.co.uk Platform, or any other means of notification including by telephone at our discretion.

4.4. Website quote. You are responsible for undertaking a quote for the Customers wishes promptly following our Introduction and in accordance with any timescales we notify to you from time to time or in accordance with the urgency of the funeral plan request. Failure by you to undertake quotes promptly or incorrectly may enable us to remove your details from our website at our discretion and without notice. This is merely your first estimate based on the information you have from the Customer's request, you will call the client to discuss the suitability of the 'at need' or 'pre-paid' services requested following all CMA and FCA protocol.

4.5. Accepting a referral/funeral. If following an interaction with  a Customer, you agree to provide a funeral service for the Customer, you will notify thefarewellguide.co.uk via the Platform Dashboard for members.  Each Customer you accept is an offer by you to provide the Partner Services specified in the Introduction subject to these Terms.

4.6. No obligation to accept Partner Introductions. We are under no obligation to accept a Partner Introduction and reserve the right to reject an application to become a member.

Cancelling your services and subscriptions

5.1. Should you wish to remove your Partner profile from our Platform, please email us at fd@thefarwellguide.co.uk and we will use reasonable endeavours to remove your profile within 72 business hours of receipt of this notice in writing from a director of your business.

5.2 After the expiry of the minimum subscription term outlined in Appendix 1, you can downgrade or upgrade your membership level or terminate your obligations under this agreement at any time from your membership dashboard on the Platform. 

5.3 When you cancel a subscription from your membership dashboard, you cancel only future charges associated with your subscription. Cancellations are effective at the end of the current billing period, and as such, we do not offer prorated refunds for cancelled subscriptions. All subscriptions are recurring and will automatically renew after the end of each paid subscription period. You will not receive a refund for the current billing cycle as you will continue to have the same access and benefits of your subscription for the remainder of the current billing period. 

Our Services

6.1. Our available Services are set out in Schedule 1 of these Terms.

6.2. Changes to specification and Membership Fee. We reserve the right to amend the specification of the Services as set out in the Schedules at any time with 30 days' notice and in relation to Services already being provided under any existing Contract if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services and in each case we will use reasonable endeavours to notify you promptly of any such change.

6.3. Reasonable care and skill. We endeavour to provide the Services using reasonable care and skill but do not guarantee the services due to the technical nature of the site.

6.4. Time for performance. We will use all reasonable endeavours to meet any performance dates specified to you but any such dates are estimates only and our failure to perform the Services by such dates will not give you the right to terminate the Contract.

Your Obligations

7.1. It is your responsibility to ensure, and you warrant that:

7.1.1. The details set out within your business profile are up to date, complete and accurate always;

7.1.2. You co-operate with us fully and promptly in all matters relating to the Services including complying with all obligations set out in the Service schedules applicable to the Services in question;

7.1.3. You will provide us with such information and materials we may require to supply the Services, and ensure that such information is complete and accurate in all material respects;

7.1.4. You ensure that you set up payment with us whether by direct debit , via your bank account, credit, or debit card with us in advance of accepting any Introductions or funerals and adhere to the Payment Terms set out in these Terms and Introduction fee structure within your membership; and

7.1.5. The Partner Services will be always provided to Customers using all reasonable care and skill.

7.2. You will inform us within 24 hours if any Customers confirm that they wish to use our Services after becoming aware of our Services through any dealing or interaction with you.

7.3. You will comply with the Partner responsibilities set out in Schedule 1 of these Terms.

7.4. You will, upon reasonable notice by us, and in any event, within 10 Working Days of such a request, provide us, our employees, agents, consultants and subcontractors with access, by appointment, to attend your Premises as we may reasonably require in order for us to verify your compliance with your obligations under these Terms including inspecting any The Farewell Guide Materials you may be using in connection with our Services.

7.5. If, upon attendance in accordance with clause 7.4 above we decide that it is not appropriate for you to display any The Farewell Guide Materials in connection with our Services, we reserve the right to request that these are removed from your premises or website.

7.6. You must provide a response to all Services for Customers where you are shortlisted, and may only decline services in exceptional circumstances otherwise you will be deemed to be in material breach of these Terms.

7.7. You will notify us immediately in writing if you:

7.7.1. Become Insolvent.

7.7.2 Cease to have membership of industry bodies NAFD, SAIF,

7.7.3. Are declared bankrupt; or

7.8. Are found to be in breach of any Applicable Laws.

7.9. If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 7.1 or otherwise in any Service Schedule (Your Default):

7.9.1. we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the contract under clause 17 (Termination);

7.9.2. we will be entitled to suspend your listing on our Platform in relation to Your Default and we will be entitled to display visible warning signs on the Platform regarding your failure to adhere to our Payment Terms and notifications confirming we reserve our right to take legal action to recover any non-payment by you to us;

7.9.3. we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and

7.9.4. it will be your responsibility to indemnify us in full on written demand for any costs, claims, expenses or losses we sustain or incur whoever they arise and whether they arise directly or indirectly from Your Default.

Services in UK only

The Services are available within the UK only.

The Membership Fee

7.10. Our entitlement to Membership Fee arises at the times set out at Appendix 1.

7.11. In consideration for us providing the Services to you, you agree to pay us promptly, in full and strictly in accordance with the amounts and timings set out in the Payment Terms at Appendix 1.

7.12. Our fees are set out at Appendix 1.

7.13. Our fees may change from time to time, and we will use reasonable endeavours to notify you of this change by email in advance, but changes will not affect Customer interactions which is underway.

7.14. Our fees are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Referral.

Partner Referral

7.15. In consideration for any Partner Introductions made by you to us which result in our provision of Services to that Partner, we will pay you Introduction in accordance with the amounts and timings set out in the Payment Terms at Appendix 1.

7.16. Any payment made by us to you will be made by BACS or other type of online transfer agreed with us in accordance with the timings in the Payment Terms set out at Appendix 1.

Payment of Fees

7.18. We may at any time, without notice to you, set off any amounts owed by you to us against any amounts owed by us to you, whether either amount and whether or not liability to pay such amount arises under these Terms.

7.19. If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 7.41 - 7.44 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 7.19 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

7.20. You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

7.21. We will provide you regular statements of account setting out all Introductions and Introduction Fee which is payable.

7.22. In the event that a Contract is terminated in accordance with clauses 7.41-7.44, you will still remain liable to pay any Introduction Fee due and owing to The Farewell Guide at the date of the termination in respect of that Contract in accordance with the Payment Terms set out at Appendix 1.

Website information

Any content on our Platform including any User Generated Content (“UGC”) is owned in its entirely by us or our licensors. You acknowledge that we accept no liability to you in respect of UGC. Any post you may make as UGC will be subject to our review and may be removed from the Platform at our sole discretion at any time.

Intellectual Property Rights

7.23. All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by you) will be owned by us.

7.24. We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy the deliverables specified in your order (excluding materials provided by you) for the purpose of receiving and using the Services and such deliverables in your business. You may not sublicense, assign or otherwise transfer the rights granted in this clause 7.24.

Data Protection

7.25. We each acknowledge that we are each independent Controllers in respect of any Personal Data which comes into our possession under or in connection with these Terms.

7.26. In processing Controller Personal Data for the Disclosing Controller, the Receiving Controller warrants and undertakes that:

7.26.1. It will only Process the Controller Personal Data for the provision of these Services or as otherwise notified in writing by the Disclosing Controller from time to time and for no other purpose whatsoever;

7.26.2. it will not retain or Process the Controller Personal Data for longer than is necessary to carry out the Services;

7.26.3. it will provide all information and notices required in accordance with Data Protection Law to the Data Subjects within a reasonable period of having obtained the Controller Personal Data and in any event within one month or before processing it, whichever is the earlier;

7.26.4. it will Process the Controller Personal Data fairly and lawfully and in accordance with all applicable Data Protection Laws;

7.26.5. it has not and will not do anything that causes or is likely to cause the Disclosing Controller to be in breach of the Data Protection Law (in relation to the purpose for which the Receiving Controller Processes the Controller Personal Data) including but not limited to any applicable guidance from time to time relating to electronic marketing;

7.26.6. it will Process the Controller Personal Data on the basis of one or more of the following legal grounds:

7.26.6.1. the Data Subject has unambiguously given his or her consent;

7.26.6.2. the Processing is necessary for the performance of a contract to which the Data Subject is a party or in order to take steps at the request of the Data Subject prior to entering into a contract;

7.26.6.3. the Processing is necessary for compliance with a legal obligation to which the Receiving Controller is subject, other than an obligation imposed by contract;

7.26.6.4. the Processing is necessary in order to protect the vital interests of the Data Subject; or

7.26.6.5. the Processing is necessary for the purposes of the legitimate interests pursued by the Receiving Controller except where the Processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the Data Subject.

7.26.7. it will not disclose or transfer the Controller Personal Data to a third party located outside of the European Economic Area unless it:

7.26.7.1. complies with the provisions of all applicable Data Protection Law; or

7.26.7.2. the Data Subjects have been given the opportunity to object, after having been informed of the purposes of the transfer, the categories of recipients and the fact that the countries to which the Controller Personal Data is exported may have different data protection standards;

7.26.8. it will have in place appropriate technical and organisational security measures in order to prevent unauthorised or unlawful Processing of the Controller Personal Data or the accidental loss or destruction of, or damage to, the Controller Personal Data, and to ensure a level of security appropriate to the harm that might result from such unauthorised or unlawful Processing or accidental loss, destruction or damage and the nature of the Controller Personal Data to be protected;

7.26.9. it will notify the Disclosing Controller of any suspected, potential or actual breaches of Data Protection Law (including loss of the Controller Personal Data and any breaches of security which may compromise the security of the Controller Personal Data) as soon as possible and, in any event, within 2 business days of identification to enable the parties to consider what action is required in order to resolve the issue in accordance with the Data Protection Laws;

7.26.10. it will respond to Data Subject Requests (and any other queries or complaints received from Data Subjects) promptly and in accordance with all applicable Data Protection Laws;

7.27. We each acknowledge and agree that we will each have responsibility, as Data Controller, for any Data Subject Requests we each receive but, in addition, the Receiving Controller will:

7.27.1. provide reasonable assistance and co-operation (including the provision of consent withdrawals and the exercise of similar rights) to the Disclosing Controller as it may deem necessary to enable it to comply with any such Data Subject Requests; and

7.27.2. respond to any other queries or complaints from Data Subjects relating to the Controller Personal Data received from time to time.

7.28. The Receiving Controller will, at the written request of the Disclosing Controller, ensure that any Controller Personal Data are returned to the Disclosing Controller or destroyed (at the Disclosing Controller’s option) in the following circumstances:

7.28.1. on expiry or earlier termination of these Terms or the Contract; or

7.28.2. once Processing of the Controller Personal Data is no longer necessary for the purposes for which it was originally shared for as set out in these Terms, unless new processing purposes have been established between the Receiving Controller and the relevant data subject in a manner compliant with Data Protection Laws.

7.29. The Receiving Controller will indemnify and keep indemnified the Disclosing Controller and hold the Disclosing Controller harmless from any cost, charge, damages, expense or loss which the Receiving Controller causes the Disclosing Controller as a result of the Receiving Controller’s breach of any of the provisions of this clause 7.25-7.32 Data Protection.

7.30. Where you are the Receiving Controller you will not permit any Processing of Controller Personal Data by any agent or subcontractor or other third party (“Sub-Processor”) without the prior written authorisation of us as the Disclosing Controller and only then subject to the Receiving Controller informing the Disclosing Controller of any changes it has made and permitting the Disclosing Controller to object to those, as well as such conditions as the Disclosing Controller may require and provided that the Receiving Controller remains fully liable for all the actions and omissions of the Sub-Processor and that any Sub-Processor agrees in writing to comply with obligations the same as those imposed on the Receiving Controller in this clause 7.25-7.32.

7.31. Where we are the Receiving Controller you as Disclosing Controller hereby agree that we can disclose all and any relevant Controller Personal Data to any Sub-Processor without your prior written authorisation.

7.32. The Disclosing Controller is entitled to permit any Processing of Controller Personal Data by any Sub Processor without the prior written authorisation of the Receiving Controller.

Limitation of liability: your attention is particularly drawn to this clause.

7.33. Nothing in the Contract limits or excludes the liability of either us or you for:

7.33.1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;

7.33.2. fraud or fraudulent misrepresentation; or

7.33.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

7.34. Subject to clause 7.33-7.37 we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

7.34.1. loss of profits;

7.34.2. loss of sales or business;

7.34.3. loss of agreements or contracts;

7.34.4. loss of anticipated savings;

7.34.5. loss of use or corruption of software, data or information;

7.34.6. loss of or damage to goodwill; and

7.34.7. any indirect or consequential loss.

7.35. Subject to clause 7.33-7.37, in any year our total aggregate liability to you arising under or in connection with a Contract or otherwise under these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total Introduction Fee due and payable under all and any Contracts pursuant to these Terms.

7.36. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.

7.37. This clause 7.33-7.37 will survive termination of all and any Contracts and where your subscription to access the Services has ceased.

Confidentiality

7.38. We each undertake that we will not at any time disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 7.25-7.32.

7.39. We each may disclose the other’s confidential information:

7.39.1. to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers in order to comply with this clause 16;

7.39.2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority; and

7.39.3. as expressly permitted by these Terms.

7.40. Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under these Terms and any Contract.

Termination

7.41. Without limiting any of our other rights, we may suspend the performance of the Services, terminate any or all Contracts (at our sole discretion) and remove Partner profile(s) from the Platform with immediate effect by giving written notice to you if:

7.41.1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 Working Days of you being notified in writing to do so;

7.41.2. you fail to pay any amount due under any Contract on the due date for payment;

7.41.3. you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business and you fail to notify us;

7.41.4. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

7.41.5. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy

7.42. Termination of a Contract will not affect your or our rights and remedies that have accrued as at termination

7.43. Any provision of a Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

7.44. In addition to the above, we can at any time without notice remove your details listed on our Platform.

Events Outside Our Control

7.45. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event outside our reasonable control (Event Outside Our Control).

7.46. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

7.47.1. we will contact you as soon as reasonably possible to notify you; and

7.48.2. our obligations under all affected Contracts will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.

7.49. You may terminate the Contract affected by an Event Outside Our Control which has continued for more than 30 days by notifying us in writing.

Non-Solicitation

You must not attempt to obtain services that are competitive with the Services from any of our directors, employees or consultants, whether as an employee or on a freelance basis, during the period that you have a subscription which entitles you to receive the Services or we are providing any Services to you and for a period of six months following termination of any Contract or the date upon which your subscription entitling you to utilise the Services end (whichever is the later).

Exclusivity

7.50. We each acknowledge and agree that we are not actual or potential competitors.

7.51. If we make an Introduction for any Services under these Terms, you covenant that you will not sell that Customer any products that compete with those Services or any other Services provided within these Terms.

7.52. If you make a Partner Customer Introduction for Services such as Estate Administration we are permitted to sell them our Services but we covenant that we will not refer that Customer to another Partner for a period of three months following your initial Introduction.

Communications Between us

7.53. When we refer to “in writing” in these Terms, this includes email.

7.54. Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.

7.55. A notice or other communication is deemed to have been received:

7.55.1. if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;

7.55.2. if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

7.55.3. if sent by email, at 9.00 a.m. BST/GMT the next working day after transmission.

7.56. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.

7.57. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

General

7.58. Assignment and Transfer.

7.58.1. We may assign or transfer our rights and obligations under the Contract to another entity but will notify you in writing or by posting on this webpage if this happens.

7.58.2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in advance in writing.

7.59. No Partnership or Agency

7.59.1. Nothing in these Terms is intended to, or will be deemed to, establish any partnership or joint venture between us, constitute either of us as the agent of the other, or authorise either of us to make or enter into any commitments for or on behalf of the other.

7.59.2. Each of us confirm that we are acting on our own behalf and not for the benefit of any other person.

7.60. Subcontract. We are entitled to subcontract any of the Services provided within these Terms to a third party without giving prior notice. You are only permitted to subcontract any of the Partner Services with our prior written consent.

7.61. Variation. We are entitled to vary the Terms from time to time in writing without giving prior notice.

7.62. Waiver. If we do not insist that you perform any of your obligations under the Contract, 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 or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

7.63. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

7.64. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

7.65. Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

Interpretation

7.66. In these terms and conditions (the “Terms”) the following words and phrases will (except where the context otherwise requires) have the following meanings:

7.66.1. “Applicable Law” any applicable law, statute, bye-law, regulation, order, regulatory policy, guidance or industry code, rule of court or directive or requirement or notice of any Regulatory Body, delegated or subordinate legislation;

7.66.2.

7.66.3. “Introduction” means any introduction of a Customer through the Platform, for any of the Partner services;

7.66.4. “The Farewell Guide Materials” means any literature or any other marketing materials relating to The Farewell Guide and the Services;

7.66.5. “Contact Request” means the submission by a Customer of a request for a follow-up by the Partner in the form of an email notification, a telephone call, or any other means of notification at the customer's discretion;

7.66.6. “Customer” means a customer of ours who has made an enquiry via the website or by calling a phone number listed on our website, regardless of any previous communication with you;

7.66.7. “Introduction Fee” the Introduction Fee owed by you to us in connection with the provision of the Services as detailed in Appendix 1;

7.66.8. “Controller Personal Data” means all Personal Data which is owned, controlled or processed by the Disclosing Controller and which is provided by or on behalf of the Disclosing Controller to the Receiving Controller or which comes into the possession of the Receiving Controller as a result of or in connection with these Terms.

7.66.9. “Controller”, “Processor”, “Personal Data” and “Processing” will have the meaning given to them in the Data Protection Laws;

7.66.10. “Data Protection Laws” means the EU Data Protection Directive 95/46/EC, the Data Protection Act 1998 and any other legislation in force from time to time which implements that Directive, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and any laws that replace or amend any of these (including without limitation the General Data Protection Regulation 2016 and, when enacted, the Data Protection Act 2018 (together the “GDPR”)), together with the equivalent legislation of any other applicable jurisdiction and all other applicable law, regulations, guidance and codes of conduct in any relevant jurisdiction relating to the processing of personal data and privacy including the guidance and codes of practice issued by the Information Commissioner’s Office (ICO), the Article 29 Working Party, the European Data Protection Board or any other relevant supervisory authority from time to time

7.66.11. “Insolvent” if you have insufficient assets to discharge your debts and liabilities;

7.66.12. “Intellectual Property Rights” any and all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;

7.66.13. “Introduction” means either an introduction by us to you of a Customer, or an introduction by you to us of a Partner Customer;

7.66.14. “Partner Customer” a customer of yours that is referred to us;

7.66.15. “Partner Introduction Fee” Introduction Fee payable by us to you in accordance with Appendix 1;

7.66.16. “Partner Services” means goods and services provided by you in connection with funeral services which are marketed to the public and Customers through our Platform;

7.66.17. “Payment Terms” the terms which details the rates of and entitlement to Introduction Fee and Partner Introduction Fee as well as timings for payment of the same set out in Appendix 1;

7.66.18. “Premises” the property and other facilities from which you operate your business;

7.66.19. “Services” the Services to be provided by us to you in accordance with these Terms being all or any of those services as set out in Schedule 1 of these Terms as selected by you together with any other services which you agree to take from us;

7.66.20. “Subscriptions” the subscription being the membership packages and fees set out in Appendix 2, which the funeral director/partner selects:

7.66.21. “Third Party Costs” costs incurred by either you or us including but not limited to crematoria fees, cemetery fees (including plot purchase and internment) and medical certificate fees;

7.66.22. “UGC” User and Customer generated content on the Platform, for clarity may include Partner as User;

7.66.23. “VAT” value added tax chargeable under the Value Added Tax Act 1994 and any similar replacement or additional tax;

7.66.24. “Website” means the website at www.thefarewellguide.co.uk; and

7.66.25. “Working Day” a day (other than a Saturday, a Sunday or a public holiday in England) on which banks in London are open for business.

7.67. In these Terms (except where the context otherwise requires):

7.67.1. words in the singular include the plural and vice versa and reference to any gender includes the others;

7.67.2. reference to “a person” includes a natural person, company or unincorporated body (whether or not having separate legal personality);

7.67.3. reference to “company” includes any company, corporation or other body corporate, wherever and however incorporated or established;

7.67.4. reference to a clause, Schedule or Appendix is to a clause of, or Schedule or Appendix to, these Terms and references to paragraphs are to paragraphs of the relevant Schedule or Appendix;

7.67.5. reference to “these Terms” as varied or novated (in each case, other than in breach of the provisions of these Terms) from time to time;

7.67.6. references to legislation are to that legislation as amended, extended or re-enacted from time to time;

7.67.7. reference to a statute or statutory provision will include all subordinate legislation made from time to time under that statute or statutory provision;

7.67.8. Any words following the terms “including”, “include”, “in particular” or any similar terms will be construed as illustrative only and will not limit the sense of the words preceding those terms;

7.67.9. reference to “writing” or “written” includes faxes, email, text in these Terms;

7.67.10. any obligation not to do something includes an obligation not to allow that thing to be done; and

7.67.11. references to days, months or years are to calendar days, months or years unless stated otherwise.

7.68. Headings are for convenience only and will not affect the interpretation of these Terms.

7.69. The Schedules and Appendix form part of these Terms and will have effect as if set out in full in the body of these Terms. Any reference to these Terms includes the Schedules and Appendix;

7.70. If there is a contradiction or inconsistency between any documents or provisions contained in these Terms, it will be resolved by giving precedence to those documents or provisions in the following order:

7.70.1. first, the clauses;

7.70.2. secondly, the Schedules; and

7.70.3. thirdly, the Appendix;

Schedule 1 - Service - “Funeral planner and services comparison site”

Description

A funeral director digital marketing partner and online comparison service which enables Customers to search for funeral directors and request quotes for bespoke services via The Farewell Guide.

The Farewell Guide responsibilities

9.1. To promote your Funeral Services across multiple digital marketing mediums.

9.2. To ensure promotion for all partners dependant on the subscription level and geographic area location of each Partner listed on the Website. We do not have any control over our Customers selection of our Partners.

9.3. We are not affiliated to any funeral director or partner services

9.4. Any Customer enquiries received by The Farewell Guide on behalf of a Partner will be directed to the Partner subject to the enquiry and subject to the Partner being up to date with any payments due by them in accordance with Appendix 1 (Payment Terms).

Partner responsibilities

10.1. You warrant that any information on your online profile on the Website is up to date, accurate and all prices and Partner Services offered by you are accurate. Such information includes documentation, software, brands and logos which may be published on our Website.

10.2. Following a customer enquiry, you warrant to honour all prices on your profile regardless of whether those prices are accurate or not unless the client has made additions or alternations to the plan.

10.3. You warrant that you will supply the Partner Services at a price which is the best available rate offered on your own website or at your own Premises. The price offered to the Customer must be the same price or less than the price that you market yourself at.

10.4. You agree that you will notify us within a reasonable timescale following receipt of confirmation from a customer that an At-Need Funeral is taking place.

10.5. You must comply with the Payment Terms as set out in the table at Appendix 1.

10.6. You will use all reasonable endeavours to provide a prompt response to any Customer during the opening hours listed on your account on the Website.

10.7. You are responsible for obtaining payment from any Customer for the At-Need/immediate Funeral.

10.8. You must inform us immediately if you cease trading or have merged with a group or had an owner change.

Appendix 1 – Payment Terms, Subscriptions, Free Trials and Introduction Fee rates

Discretionary Free Trial Subscription

To be eligible for the free trial period you must be a new The Farewell Guide customer.

The free trial period is at The Farewell Guide discretion from the point you sign up, for a duration as discussed with you.

There is a minimum term of 3-months, after which you can cancel your membership from your membership dashboard.

When signing up for this free trial, you must enter credit card details, but these will not be charged/raised until the end of the free trial period.

After the free trial period, you will be charged the agreed rate for the following month of service, and monthly thereafter. 

If you cancel your trial, your trial will end immediately, and any remaining free trial days will be forfeit. Your card will not be charged.

During a free-trial, we operate a fair-usage policy and reserve the right to expedite the move to a paid subscription if the number of Customers shortlisting your services exceeds 15 per branch per month.  

Membership Subscription, Payment Terms, Fees*

*Please note, we may change the prices for our subscriptions and referral fees at any time and if you have a recurring purchase, we will notify you by email before the price change.  If you do not agree to the price change, you must cancel your membership via your membership dashboard before the price change takes effect.  ​​​​​​​