Terms and Conditions

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which you become a member of my SwanSong and on which we supply services and digital content to you, as described and set out from time to time on our website. They form the terms of our contract with you.

1.2 Why you should read them. Please read these terms carefully before you apply to become a member of my SwanSong. These terms tell you who we are, how we will provide services and digital content to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms or they require any changes, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are my SwanSong Ltd (“MSL”), a company registered in England and Wales. Our company registration number is 11841558 and our registered office is at 91 Manor Road, Verwood BH1 6DT. my SwanSong is registered as a Trademark in the United Kingdom (00003401129).

2.2 How to contact us. You can contact us by telephoning our customer service team at 0333 121 2141 or by writing to us at info@myswansong.com or 91 Manor Road, Verwood BH1 6DT.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your application.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 my SwanSong memberships taken up to and including 31st August 2020 are based on an annual subscription service for the current advertised price (of £1) per membership per year. After this date, my SwanSong reserve the right to return the original advertised cost per membership of a one-off payment of £129. We will review this and advise our members accordingly.

The service we will provide to you. When you become a member of my SwanSong, we will provide you with an account and your own my SwanSong pages on our online portal. You will be able to create several SwanSongs and upload your own information, photos and other documents to each of your SwanSongs. You will be asked to provide at least three and a maximum of five Trusted Verifiers. After your death, we will release to your Trusted Verifiers and/or other nominated individuals:

(a) Your SwanSongs – as soon as practical after receiving confirmation of your death from your Trusted Verifiers (typically no more than five working days), to assist with funeral planning;

(b) Your Memorial Page - on your birthday and the anniversary of your death, up to and including the 10th anniversary of your death.

Your Memorial Page will remain visible on our website permanently, unless you tell us that it should be removed after the 10th anniversary of your death.

3.2 How we will accept your application. Our acceptance of your application to become a member of my SwanSong will take place when we notify you that it has been accepted, or otherwise contact you to accept it, at which point a contract will come into existence between you and us.

3.3 If we cannot accept your application. If we are unable to accept your application, we will inform you of this and will not charge you, or will refund you if we have already received payment. This might be, for instance, because of unexpected limits on our resources which we could not reasonably plan for, or for any other reason at our discretion.

4. OUR RIGHTS TO MAKE CHANGES

4.1 Minor changes to my SwanSong. We may change the my SwanSong website, online portal and service:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example to address a security threat.

These changes will not affect your use of my SwanSong.

4.2 More significant changes to my SwanSong and these terms. In addition, we may make the following changes to my SwanSong, or to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect:

(a) Our website and online portal, including the name, design and content;

(b) The service and digital content we provide; and

(c) Our name.

4.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

5. ACCESS TO MY SWANSONG

5.1 When we will provide access. Your access to my SwanSong will start on the date we accept your application (or as soon as reasonably practical after that date). We will provide access to my SwanSong until the service to you is completed (as described in Clause 5.3), or you end the contract (as described in Clause 6), or we end the contract by written notice to you (as described in Clause 8). After the service to you is completed or the contract is ended we will close your account and delete any information we hold about you.

5.2 Who is entitled to access. The only people entitled to access your my SwanSong account (including all the information you provide to us, and your SwanSongs) are as follows:

(a) You;

(b) Someone with legal authority to act on your behalf, for example under a Power of Attorney (including an Enduring Power of Attorney or a Lasting Power of Attorney); and

(c) Your personal representatives.

You should not allow anyone else to become aware of your login details or provide them with access. For the purposes of this Clause 5.2, access to your account includes operating, changing, adding and deleting information. We will manage an audit trail of all activity on your account for the purpose of evidencing data input, membership access and other reasonable system maintenance and review.

5.3 When access will end. We will provide access until after we have completed the service in Clause 3.1(a) (release of your SwanSongs to your Trusted Verifiers). After we have completed the service in Clause 3.1(b) (release of your Memorial Page to your Trusted Verifiers on the 10th anniversary of your death) we will close your account.

5.4 We are not responsible for delays outside our control. If access to my SwanSong is delayed or interrupted by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay or interruption you may contact us to end the contract.

5.5 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the my SwanSong service to you, for example, the names and addresses of your Trusted Verifiers. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the service late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

5.6 Reasons we may suspend access to my SwanSong. We may have to suspend access to my SwanSong to:

(a) deal with technical problems or make minor technical changes;

(b) update the service to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the service as requested by you or notified by us to you.

5.7 Your rights if we suspend access to my SwanSong. We will contact you in advance to tell you we will be suspending access to my SwanSong, unless the problem is urgent or an emergency. If we have to suspend access for longer than 28 days, you may contact us to end the contract.

6. YOUR RIGHTS TO END THE CONTRACT

6.1 You can always end your contract with us. Your rights when you end the contract will depend on how we are performing and when you decide to end the contract:

(a) If our service is faulty or misdescribed you may have a legal right to end the contract;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 6.2;

(c) If you change your mind about my SwanSong, see Clause 6.4.

6.2 Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out at (a) to (e) below, the contract will end immediately and we may at our discretion provide a refund of sums you have paid us. The reasons are:

(a) we have told you about an upcoming change to my SwanSong or these terms which you do not agree to (see Clause 4.2);

(b) we have told you about an error in the price or description of my SwanSong and you do not wish to proceed;

(c) there is a risk that access to my SwanSong may be significantly delayed because of events outside our control;

(d) we have suspended my SwanSong for technical reasons, or notified you that we are going to suspend my SwanSong for technical reasons, in each case for a period of more than 28 days;

(e) there is a technical fault with my SwanSong which has not been rectified within a reasonable period and affects your enjoyment and use of the service and/or the provision of the services described in Clause 3.1; or

(f) you have a legal right to end the contract because of something we have done wrong.

6.3 Consumer’s right to change their mind in the cooling-off period. For most products bought online (as a consumer) you have a legal right to change your mind within 14 days and receive a refund of sums you have paid. These rights are given under the Consumer Contracts Regulations 2013. However by making an application to become a member of my SwanSong you have consented to lose your right to withdraw from the contract.

6.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault, and you are not exercising your right to change your mind as a consumer, you can still end the contract – see Clause 7.

7. HOW TO END THE CONTRACT WITH US

7.1 Tell us you want to end the contract. To end the contract with us, please let us know via email addressed to info@myswansong.com. Please provide your name, home address, phone number, email address, date of the application, and reasons for cancellation.

7.2 How we will refund you. If you are entitled to a refund under these terms, we will refund you the sum you paid by the method you used for payment. However, we may make deductions from that sum, as described below.

7.3 When your refund will be made. We will make any refund due to you within 28 days of confirmation that a refund is due.

8. OUR RIGHTS TO END THE CONTRACT

8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) You do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

(b) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service; or

(c) You upload or put onto MySwanSong information or other material which is contrary to our guidelines.

8.2 We may withdraw the service. We may write to you to let you know that we are going to stop providing the MySwanSong service. We will let you know at least 28 days in advance. If we do stop providing the service, we will take reasonable steps to return to you or your Trusted Verifiers in electronic format all data uploaded to your SwanSongs.

9. IF THERE IS A PROBLEM WITH MY SWANSONG

How to tell us about problems. If you have any questions or complaints about my SwanSong or MSL, please contact us via our website.

10. PRICE AND PAYMENT

10.1 Where to find the price for my SwanSong. The price of my SwanSong (which includes VAT where applicable) will be the price indicated on our website when you made your application. We take all reasonable care to ensure that the price of my SwanSong advised to you is correct. However please see Clause 10.3 for what happens if we discover an error in the price displayed on our website.

10.2 What happens if we got the price wrong. It is always possible that, despite our efforts, my SwanSong may be incorrectly priced on our website. We will normally check prices before accepting your application so that, where the correct price at your application date is less than our stated price at your application date, we will charge the lower amount. If the correct price at your application date is higher than the price stated to you, we will contact you for your instructions before we accept your application.

10.3 When you must pay and how you must pay. We accept payment by credit and debit card, as shown on our website payment page. You must pay the full price in advance before access to the service is provided.

11. OUR RESPONSIBILITY AND LIABILITY

11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us before making your application.

11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to our service.

11.3 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation, up to the limit of indemnity of our liability insurance (details available on request). However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

11.4 We are not liable for business losses. We only supply the service to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose, our liability to you will be limited as set out in this clause.

11.5 We are not liable in respect of your information. We will not review all information and material uploaded to your my SwanSong account, although we may carry out sample checks of it for audit purposes. If information and other material you provide to us, via our online portal or otherwise, is or is held to be untrue, inaccurate, defamatory, confidential or in conflict with any document (including a will), we have no liability to you or someone else in respect of the publication or release of that information and material. You are responsible for keeping the information and material you provide up-to-date, for example the names and addresses of your Trusted Verifiers.

11.6 Your indemnity to us. You agree to indemnify us for any liability we may have to someone else by reason of the information and other material you provide to us, including costs for which we become responsible or which we reasonably incur in defending our position.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION

How we will use your personal information. We will only use your personal information as set out in these terms and our privacy policy (which is accessible via our website). After the service to you is completed or your contract is ended we will close your account and delete any information we hold about you in accordance with the privacy policy.

13. OTHER IMPORTANT TERMS

13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another person or organisation, in which case we would do everything reasonably practicable to ensure that there would be no interruption to our service. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 28 days of us telling you about it.

13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the service in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

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