Terms of Use

Welcome to My Funeral Wishes, an online service for recording personal information about yourself, your life, and your funeral. These Terms of Use are intended to explain our obligations as a Service Provider and your obligations as a customer and Member and/or Nominee. Please read them carefully.

These Terms are binding on any use of the Service and apply to you from the time that My Funeral Wishes provides you with access to the Service.

The My Funeral Wishes Service will evolve over time, based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the Service. My Funeral Wishes reserves the right to change these terms at any time, effective upon the posting of modified terms, and My Funeral Wishes will make every effort to communicate these changes to you via email or notification via the Website. It is likely these Terms of Use will change over time. It is your obligation to ensure that you have read, understood, and agree to the most recent Terms available on the Website.

By registering to use the Service you acknowledge that you have read and understood these Terms and have the authority to act on behalf of any person for whom you are using the Service.

1. DEFINITIONS

Agreement
means these Terms of Use.

Access Fee
means the annual or monthly fee (including any taxes and duties) payable by you for the Service, which My Funeral Wishes may change from time to time upon notice to you.

Confidential Information
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or verbally, including the Service, but does not include information which is, or becomes, publicly available other than through authorised disclosure by the other party.

Data
means any data inputted by you or with your authority into the Website.

Intellectual Property Rights
means any patent, trade mark, service mark, copyright, moral right, right in a design, knowhow, and any other intellectual or industrial property rights, anywhere in the world, whether or not registered.

Service
means the storage of personal information and funeral plans made available (as may be changed or updated from time to time by My Funeral Wishes) via the Website.

Website
means the Internet site at the domain www.myfuneralwishes.net or any other site operated by My Funeral Wishes Limited.

My Funeral Wishes
means My Funeral Wishes Limited, which is a privately-owned company based in New Zealand.

Nominee
means the persons that are appointed at the authorisation of the Member to access the Member’s personal information and funeral plans after the member has died.

Member
means the person who registers to use the Service.

You
means the Member, and where the context permits, a Nominee. ‘Your’ has a corresponding meaning.

2. USE OF SOFTWARE

My Funeral Wishes grants you the right to access and use the Service via the Website. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Member and the Nominees, or any other applicable laws:

  1. the Member determines who is a Nominee and what level of access to the Service that Nominee has;

  2. the Member is responsible for all Nominees’ use of the Service;

  3. the Member controls each Nominee’s access to the Service at all times and can revoke or change a Nominee’s access, at any time and for any reason, in which case that person will cease to be a Nominee; and

  4. if there is any dispute between a Member and a Nominee regarding access to any organisation or Service, the Member shall decide what access or level of access to the relevant Data or Service that Nominee shall have, if any.

3. YOUR OBLIGATIONS

1.  Payment obligations
A monthly or annually recurring Access Fee is charged to your chosen credit or debit card for the subsequent one or 12 months of use, starting immediately from the date of registering to use the Service. My Funeral Wishes will continue charging you monthly or annually until this Agreement is terminated, in accordance with clause 8. My Funeral Wishes uses a third party to store your credit or debit card details. This third party will email you a subscription contract with access to the payment details, and this may be terminated directly with the third party. You must pay or arrange payment of the monthly or annual My Funeral Wishes Access Fee to retain membership to the Service. All taxes and duties are included in the Access Fee.

2.  Preferential pricing or discounts
You may from time to time be offered preferential pricing or discounts for the Access Fee. Without prejudice to any other rights that My Funeral Wishes may have under these Terms or at law, My Funeral Wishes reserves the right to render invoices for the full (non-discounted) Access Fee amount due, or suspend or terminate your use of the Service, should any Access Fee not be paid in full immediately when it is due for payment.

3.  General obligations
You must only use the Service and Website for your own lawful purpose, in accordance with these Terms and any notice sent by My Funeral Wishes or condition posted on the Website.

4.  Access conditions

a.  You must ensure that all access codes and passwords required to access the Service are kept secure and confidential. You must immediately notify My Funeral Wishes of any unauthorised use of your password/s or any other breach of security and My Funeral Wishes will reset your password. You must take all other actions that My Funeral Wishes reasonably deems necessary to maintain or enhance the security of My Funeral Wishes’ computing systems and networks and your access to the Service.
b.  As a condition of these Terms, when accessing and using the Service, you must not:

i.  attempt to undermine the security or integrity of My Funeral Wishes' computing systems or networks or, where the Service is hosted by a third party, that third party's computing systems and networks;
ii.  use, or misuse, the Service in any way which may impair the functionality of the Service or Website or other systems used to deliver the Service, or impair the ability of any other user to use the Service or Website;
iii.  attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Service is hosted;
iv.  transmit, or input into the Website, any files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use); nor
v.  not attempt to modify, copy, adapt, reproduce, disassemble, decompile, or reverse engineer any computer programs used to deliver the Service or to operate the Website except as is strictly necessary to use either of them for normal operation.

5.  Usage limitations
Use of the Service may be subject to limitations, any such limitations will be advised.

6.  Indemnity
You indemnify My Funeral Wishes against all claims, costs, damage, and loss arising from your breach of any of these Terms or any obligation.

4. CONFIDENTIALITY AND PRIVACY

1.  Confidentiality
Unless the relevant party has the prior written consent of the other, or unless required to do so by law:

a.  Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person or organisation, or use the same for its own benefit, other than as contemplated by these Terms.
b.  Each party's obligations under this clause will survive termination of these Terms.
c.  The provisions of clauses 4.1.a and 4.1.b shall not apply to any information which:

i. is or becomes public knowledge other than by a breach of this clause;
ii. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
iii. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
iv. is independently developed without access to the Confidential Information.

2. Privacy
My Funeral Wishes maintains a Privacy Policy that sets out the parties’ obligations in respect of personal information, which you should read. You will be taken to have accepted that Privacy Policy when you accept these Terms.

5. INTELLECTUAL PROPERTY

1.  General
Title to, and all Intellectual Property Rights in the Service, the Website, and any documentation relating to the Service, remain the property of My Funeral Wishes (or its licensors).

2.  Ownership of Data
Title to, and all Intellectual Property Rights in, the Data remain your property. However, your access to the Data is contingent on full payment of the My Funeral Wishes Access Fee when due. You grant My Funeral Wishes a licence to use, copy, transmit, store, and backup your information and Data for the purposes of enabling you to access and use the Service, and for any other purpose related to provision of the Service to you.

3.  Backup of Data
My Funeral Wishes adheres to its best practice policies and procedures to prevent data loss, including a daily system Data backup regime, but does not make any guarantees that there will be no loss of Data. My Funeral Wishes expressly excludes liability for any loss of Data no matter how caused.

6. WARRANTIES AND ACKNOWLEDGEMENTS

1.  Authority
You warrant that where you have registered Nominees to access the Service, you have the authority to agree to these Terms on behalf of those persons and agree that by registering to use the Service, you bind those persons to the performance of any and all obligations that you become subject to by virtue of these Terms, without limiting your own personal obligations under these Terms.

2.  Acknowledgement
You acknowledge that:

a.  My Funeral Wishes has no responsibility to any person other than you and nothing in this Agreement confers, or purports to confer, a benefit on any person other than you. You indemnify My Funeral Wishes against any claims or loss relating to:

i. My Funeral Wishes' refusal to provide any person access to your information or Data in accordance with these Terms; and
ii. My Funeral Wishes’ making available information or Data to any person with your authorisation.

b.  The provision of, access to, and use of the Service is on an ‘as is’ basis and at your own risk.
c.  My Funeral Wishes does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks, and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Service. My Funeral Wishes is not in any way responsible for any such interference or prevention of your access to or use of the Service.
d.  It is your sole responsibility to determine that the Service meets your needs and is suitable for the purposes for which it is used.

3.  No warranties
My Funeral Wishes gives no warranty about the Service. Without limiting the foregoing, My Funeral Wishes does not warrant that the Service will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded insofar as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title, and non-infringement.

7. LIMITATION OF LIABILITY

1.  To the maximum extent permitted by law, My Funeral Wishes excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information or Data) or damage resulting, directly or indirectly, from any use of, or reliance on the Service.

2.  If you suffer loss or damage as a result of My Funeral Wishes' negligence or failure to comply with these Terms, any claim by you against My Funeral Wishes arising from My Funeral Wishes' negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fee paid by you in the previous 12 months.

3.  If you are not satisfied with the Service, your sole and exclusive remedy is to terminate these Terms in accordance with clause 8.

8. TERMINATION

1.  Prepaid Member Access Fee
My Funeral Wishes will not provide any refund for any remaining period for a prepaid Member Access Fee.

2.  No-fault termination
These Terms will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of each subscription period these Terms will automatically continue for another period of the same duration as that period, provided you continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by giving at least 30 days’ notice to the other party, irrespective of the payment period.

3.  Breach
If you breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach, or if the breach is not capable of being remedied, My Funeral Wishes may take any or all of the following actions, at its sole discretion:

a.  terminate this Agreement and your use of the Service;
b.  suspend, for any definite or indefinite period, your use of the Service;
c.  suspend or terminate access to all or any Data;
d.  take either of the actions in clauses 8.3.a, 8.3.b and 8.3.c in respect of any or all other persons whom you have authorised to have access to your information or Data.

If payment of the Access Fee due is not made in full by the relevant due date, My Funeral Wishes will immediately suspend your use of the Service, the authority for any and all of your Nominees to use the Service, and your rights of access to any and all of your stored Data. If payment of the overdue Access Fee is not received within 90 days, your account will be closed and all Data held will be permanently and irrevocably deleted from the system. Should you die within this 90-day period, Nominees will not have access to your stored Data.

4.  Accrued rights
Termination of these Terms is without prejudice to any rights and obligations of the parties, accrued up to and including the date of termination. On termination of this Agreement, you will:

a.  remain liable for any accrued charges and amounts which become due for payment before or after termination; and
b.  immediately cease to use the Service.

9. HELP DESK

1.  Technical problems
In the case of technical problems, you must make all reasonable efforts to investigate and diagnose problems before contacting My Funeral Wishes. If you still need technical help, please email us at contact@myfuneralwishes.net.

2.  Service availability
Whilst My Funeral Wishes intends that the Service and Website should be available 24 hours a day, seven days a week, it is possible that on occasion the Service and/or Website may be unavailable to permit maintenance or other development activity to take place. If for any reason My Funeral Wishes has to interrupt the Service for longer periods than My Funeral Wishes would normally expect, My Funeral Wishes will use reasonable endeavours to publish in advance details of such activity on the Website.

10. GENERAL

1.  Entire agreement
These Terms, together with My Funeral Wishes’ Privacy Policy and the terms of any other notices or instructions given to you under these Terms, supersede and extinguish all prior agreements, representations (whether verbal or written), and understandings, and constitute the entire agreement between you and My Funeral Wishes relating to the Service, and the other matters dealt with in these Terms.

2.  Waiver
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

3.  Delays
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

4.  No assignment
You may not assign or transfer any rights to any other person without the prior written consent of My Funeral Wishes.

5.  Governing law and jurisdiction
If the information or Data you are accessing using the Service is solely that of a person who is a tax resident in New Zealand at the time that you accept these Terms, then New Zealand law governs this Agreement and you submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement. If the information or Data you are accessing using the Service is solely that of a person who is a tax resident in Australia at the time that you accept these Terms, then Australian law governs this Agreement and you submit to the exclusive jurisdiction of the courts of Australia for all disputes arising out of or in connection with this Agreement.

6.  Severability
If any part or provision of these Terms is invalid, unenforceable, or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

7.  Notices
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to My Funeral Wishes must be sent to contact@myfuneralwishes.net or to any other email address notified by email to you by My Funeral Wishes. Notices to you will be sent to the email address which you provided when setting up your access to the Service.

8.  Rights of third parties
A person who is not a party to these Terms has no right to benefit under or enforce any of these Terms.

Terms of Use last updated 1 July 2018