Please read these terms and conditions carefully before using or purchasing a Funeral Template from the Seller. By using or purchasing a Funeral Template from the Seller, you agree to be bound by the terms and conditions of this Agreement. If you do not accept the terms and conditions in this Agreement, do not use or purchase a Funeral Template from the Seller.
THIS FUNERAL TEMPLATE LICENCE (the 'Agreement') dated on day of purchase.
BETWEEN: The Seller and the Buyer
(individually the 'Party' and collectively the 'Parties')
IN CONSIDERATION OF the Seller providing the Funeral Template to the Buyer and the Buyer paying the Seller the Purchase Price, and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:
1. Funeral Template
The Seller owns and is providing to the Buyer the Funeral Template or Funeral Templates described below (the 'Funeral Template'):
An editable Funeral Template set up as a Microsoft Word or Microsoft PowerPoint file.
The Funeral Template is the property of the Seller and is copyrighted by law. The Funeral Template shall not be copied, published, or used in any way except as provided for in this Agreement. The Seller reserves the right to use the Funeral Template on the Seller’s website and for the Seller’s own marketing or advertising purposes.
The Seller will provide the Funeral Template to the Buyer on the date of purchase (the 'Contract Start Date'), with the Agreement automatically renewing weekly (the 'Licence Term') until completion of the permitted number of uses.
3. Permitted Use
The Buyer shall only use the Funeral Template in accordance with this Agreement.
The Buyer may use the Funeral Template for the duration of the Licence Term for the following commercial purpose (the 'Permitted Use'): To create a funeral program or other funeral stationery item for up to 50 clients per template.
4. Restrictions on Use
The Buyer shall not resell, sub-licence or redistribute the Funeral Template except as provided for in this Agreement.
The Buyer shall not use the Funeral Template for any physical, digital or online marketing or advertising purposes, or in a trade mark, except as provided for in this Agreement.
The Buyer shall not share the Funeral Template to its social media platforms except as otherwise permitted in this Agreement.
The Buyer shall not use the Funeral Template in an obscene, defamatory or immoral way.
The Buyer shall not use, and shall not allow to be used, the Funeral Template for any purposes prohibited by the laws of England and Wales.
The Buyer shall not alter the Funeral Template, except to add text and photos or adjust the order of the page content.
The Buyer shall not allow others to use the Funeral Template and shall not use the Funeral Template in a way that allows others to download or redistribute the Funeral Template except in accordance with this Agreement.
The Buyer is limited to 50 uses of the Funeral Template during the Licence Term.
The Buyer will pay the 'Purchase Price' as displayed on the website for the Permitted Use of the Funeral Template, paid by internet money transfer on the Contract Start Date.
The Seller warrants that the Seller is entitled to grant the use of the Funeral Template described in this Agreement, and that this Agreement does not infringe the rights of third parties.
As provided in the Consumer Rights Act 2015, the Seller warrants that the quality of the Funeral Template is satisfactory; the Funeral Template is reasonably fit for its Permitted Use; and the Funeral Template shall match any description provided by the Seller to the Buyer. A breach of this clause will result in the Buyer being entitled to the immediate replacement of the Funeral Template, a full or partial refund of the Purchase Price, or a price reduction, as appropriate. It shall be the option of the Seller whether to replace the Funeral Template, to refund an amount paid, or to reduce the Purchase Price.
7. Liability & Indemnity
The Seller will not be liable for any third-party claims, losses, damages, liabilities, penalties, punitive damages, expenses, legal fees or costs of any kind or amount whatsoever resulting from the Buyer’s use of the Funeral Template.
The Buyer agrees to defend, indemnify and hold harmless the Seller and its officers, employees, agents and suppliers against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever resulting from or arising out of the unauthorised use of the Funeral Template by the Buyer, or its officers, employees, agents or suppliers, or the Buyer's breach of this Agreement.
8. Expiry or Termination
This Agreement will continue indefinitely according to the renewal terms set out in this Agreement unless one of the Parties decides not to renew the Agreement or it is otherwise terminated for any of the reasons set out below.
If one of the Parties decides not to renew the Agreement, the Party is to provide written notice not to renew to the other Party at least 14 days before the renewal date.
This Agreement shall terminate immediately upon the failure of the Buyer to comply with the terms and conditions herein.
The Seller reserves the right to cancel this Agreement immediately:
if the Buyer fails to make a payment when due; or
in the event of the Buyer's insolvency or bankruptcy.
The Seller reserves the right to discontinue the licence and terminate the Agreement immediately, as well as to commence legal proceedings, if any copyright infringement has taken place due to the Buyer’s unauthorised use of the Funeral Template.
Upon expiry or termination of this Agreement, the Buyer shall discontinue the use of the Funeral Template, and shall destroy all copies and archives of the Funeral Template.
9. Intellectual Property Rights
The Seller retains all intellectual property rights in the Funeral Template, including the sole copyright to the Funeral Template. Nothing in this Agreement shall operate to transfer, assign or otherwise grant any party any right or interest in the Seller's intellectual property rights or affect ownership by the Seller of intellectual property rights with regard to the Funeral Template.
Any use, under any conditions not specifically allowed for in this Agreement, may constitute a violation of the copyright laws of England and Wales or international copyright agreements.
The Buyer shall not falsely represent that they are the original creator of the Funeral Template.
10. Export Laws
In order to purchase a licence for the Funeral Template, the Buyer must be in compliance with applicable export laws.
The Buyer shall not ship, transfer or export the Funeral Template to any country in a manner prohibited by the laws of England and Wales or use it in any manner prohibited by the laws of England and Wales.
If there is a conflict between any provision of this Agreement and the applicable legislation of England and Wales (the 'Act'), the Act will prevail and such provision of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.
If any terms or provisions of this Agreement are determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement will not be affected and each unaffected term and provision will remain in full force and effect.
12. Governing Law
This Agreement will be governed by and construed in accordance with the laws of England and Wales, without regard to the jurisdiction in which any action may be instituted. The Buyer agrees to submit to the jurisdiction of the courts of England to bring any action or for the enforcement of this Agreement. Notwithstanding, the Seller reserves the right to commence legal action to obtain injunctive relief in any court of competent jurisdiction.
The Buyer may not assign or transfer the Agreement or any rights granted within without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void.
The Agreement will inure to the benefit and be binding upon the Seller and the Buyer and their respective successors and assigns.
14. Agreement of Parties
This Agreement constitutes the entire agreement between the Seller and the Buyer with respect to the subject matter hereof and there are no further items or provisions, either oral or otherwise.
The provisions contained in this Agreement cannot be changed except by the signed and delivered written consent of both Parties.
15. Dispute Resolution
If any dispute relating to this Agreement between the Seller and the Buyer is not resolved through informal discussion within 14 days from the date a dispute arises, the Parties agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be binding on the Parties. Any mediator or arbitrator must be a neutral party acceptable to both the Seller and the Buyer. The cost of any mediations or arbitrations will be shared equally by the Parties.
16. General Provisions
Headings are inserted for convenience only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
The Parties have executed this Funeral Template Licence on the date of purchase.