Terms & Conditions

Updated: 31.05.2024

  1. WELCOME TO FINDPETCREMATION

Welcome to the FindPetCremation (the “Company”) website (the “Website”). By accessing or using the Website or our platform, which helps users find pet crematorium services (the “Services”), you indicate that you have read and understand these Terms and Conditions of Use Agreement (the “Terms and Conditions”), which incorporate our Privacy Policy by reference, and agree to be legally bound by it. You must accept these Terms and Conditions in their entirety to use the Website and/or Services. If you do not understand or have questions about the Terms and Conditions, immediately stop all use of the Website and/or Services and contact hello@findpetcremation.com. If you do not accept these Terms and Conditions, you may not use the Website or Services. Your continued use of the Website or Services constitutes your agreement to the most current version of these Terms and Conditions. If at any time you do not agree to these Terms and Conditions, you must cease your use of the Website and/or Services.

For access to the terms and conditions or privacy policies of any other websites or applications, please refer to the policies of such websites or applications. These Terms and Conditions are subject to change at any time by us, without prior notice to you, by our posting them on the Website. It is your obligation to review the Terms and Conditions before accessing the Website. Any changes to the Terms and Conditions will be effective immediately upon our posting them to the Website, unless otherwise stated. We reserve the right to change the contents of the Website at any time, with or without notice.

  1. KEY DEFINITIONS

“Affiliates” refers to companies and divisions under the ownership of the Company or that own the Company.

“User” or “you” or “your” refers to any individual who uses or accesses any aspect of the Website or Services.

“Service Providers” refers to the pet crematoriums listed on our platform.

“Service Provider Profile” means the public web page where Service Providers state their services, prices, and information about their offerings.

“Content” includes all Text, Graphics, Design, and Programming used on the Website.

“Graphics” includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third parties and displayed with permission.

“Programming” includes, but is not limited to, both client-side code (including but not limited to HTML, PHP, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Website.

“Text” includes all text on every page of the Website, whether editorial, navigational, or instructional.

  1. YOUR RELATIONSHIP WITH US

3.1 The Company is not a party to any agreement you, as a User, may enter into with a Service Provider. The Company merely facilitates the introduction and connection of Users to Service Providers.

3.2 We reserve the right to modify the Services and these Terms and Conditions at any time, effective upon posting an updated version of these Terms and Conditions on the Website. You are responsible for regularly reviewing these Terms and Conditions.

  1. NATURE OF OUR WEBSITE AND/OR SERVICES

4.1 The Service allows Users to find and connect with pet crematorium services. The Company acts as a neutral venue and does not provide cremation services. All transactions conducted via the Company’s Services are between Users and Service Providers, with the Company’s role being to provide a platform to facilitate these connections.

4.2 Service Providers create a Service Provider Profile to list information about their services, including but not limited to, types of services offered, availability, pricing, and financial terms. These profiles are publicly available via the Services. As the Company does not produce the User Content provided for Service Provider Profiles, the Company is not responsible for its accuracy and cannot verify any claims made by Service Providers. Users should take steps they deem appropriate to lawfully verify any information in the Service Provider Profile they deem necessary and appropriate. Similarly, the Company does not endorse reviews of Service Providers by other Users and makes no commitments that such reviews are accurate or legitimate.

4.3 Users can interact with and book services from Service Providers via information contained in the Service Provider Profiles. All booking requests are subject to acceptance by the Service Provider, who is not obligated to accept any request and may decline for any reason. However, once a booking has been completed, both the User and the Service Provider agree to honor the price and other terms of that booking. Only bookings made via the Services are valid and benefit from the protections the Services offer. The Company charges fees for some aspects of the Services, as outlined in the FEES AND PAYMENTS section of these Terms and Conditions.

4.4 Users are solely responsible for evaluating the suitability of Service Providers. The Company makes no representations or warranties about the quality of services provided by Service Providers or about interactions and dealings with users of the Services. Service Providers listed on the Website are not under the direction or control of the Company, and Service Providers determine at their own discretion how to provide their services. While the Company provides general guidance to Service Providers about service standards, the Company does not employ or endorse Service Providers. The Company does not screen Service Providers beyond basic listing requirements and will not be responsible or liable for the performance or conduct of Service Providers or Users, whether online or offline.

  1. INFORMATION ABOUT US

5.1 AEY Finance Ltd, trading as FindPetCremation is incorporated and registered in the United Kingdom under company number 12042431. Our registered office is at 85 Great Portland Street, First Floor, London, England, W1W 7LT.

  1. INFORMATION ABOUT YOU

6.1 Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share information about you.

  1. YOUR ACCOUNT

7.1 In order to access our Services and use certain features and areas of the Services, you must register with us and set up an account with an ID (associated with your email address) and password (your “Account”). We encourage you to use strong passwords with your Account.

7.2 You must be 18 years or older and legally competent to enter into a legally binding agreement to use our Services.

7.3 You must keep your account information up-to-date and accurate at all times, including a valid email address and mobile number. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. You agree to protect your username and password by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Website by the party using your account, and agree to indemnify the Company against any loss or damages suffered as a result thereof. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions.

  1. YOUR CONTENT

8.1 Any images, text, or information that you submit to or through the Website or the Services, including any communications by or between you and any Service Provider on or through the Website or the Services (“User Content”), must meet the RULES OF ACCEPTABLE USE set forth below.

8.2 You hereby grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free licence to use, copy, reproduce, modify, exhibit, sub-license, exploit in connection with our Services, and make available anywhere and in any form for the purposes of providing our Services (including allowing our users to view and use your User Content) your User Content.

8.3 We may occasionally publish media, including but not limited to images and video, contained in your User Content in the context of sharing media updates on our Website and across third-party social media applications. If you object to our use of the media contained in your User Content in this way, please contact us and we will remove them.

8.4 Our right to use your User Content does not in any way affect your privacy rights, and we will only use information that identifies you as set out in our Privacy Policy.

8.5 We are not required to and generally do not check or moderate any User Content, though we reserve the right to do so at our sole discretion for reasons permitted herein. For example, we may check, moderate, reject, refuse, or delete any User Content if a user informs us that he/she objects to it, or we have reason to believe that it breaks any of the Rules of Acceptable Use.

  1. EMPLOYMENT

9.1 The Company is not an employment service and does not serve as an employer of any User signing up to the Services, nor any Service Provider in connection with the Services or the Website. Service Providers are solely responsible for disclosing any income made through the Services or otherwise, and for complying with national, federal, and local tax laws, rules, and regulations that apply to their activity on or through the Services or otherwise. Under no circumstances shall the Company be liable for any tax or withholding of any kind, including but not limited to income or related/similar tax, unemployment insurance, employer’s liability, social security, in connection with your use of or participation in the Services. If the Company is found to be liable for any tax in connection with Service Providers’ use of the Services, such Service Providers agree they will immediately reimburse and pay the Company an equivalent amount including any penalties and interest incurred, and the Company’s reasonable attorneys’ fees, if any, in connection therewith, as well as any other obligations under the DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY section hereof.

  1. FEES AND PAYMENTS

10.1 The Company uses the secure, third-party online payment service, called Stripe, for purposes of processing payment when required for the Services. Stripe generally accepts and allows payment via all major credit and debit cards including Visa, American Express, and MasterCards. In Europe, you can also pay by IBAN, Giro, SOFORT, iDeal, and EPS.

10.2 In order to book services through the Website, Service Providers must be connected with Stripe and, by doing so, agree to Stripe’s terms of service and privacy policy. All payments processed by or through Stripe are governed solely by Stripe’s terms of service and privacy policy. In certain countries, Stripe is required to collect, verify, and maintain identity information on the individuals associated with a Stripe account. The Company is not liable for these verification practices nor do they control them.

10.3 The Company will not have access to, nor will it obtain, any user account information submitted to or through Stripe, and is not responsible for any such information or the actions of Stripe. The Company accepts no liability for any failure in the Stripe service. Though the Company receives confirmation of payment through Stripe in connection with its Services, it neither receives nor maintains any user’s financial account information in connection therewith. The Company has no transparency or access to any other payments of, by, or to, the Users or Service Providers through Stripe.

10.4 Service Providers may set the price of their services (“Service Fee”) within the parameters permitted by the Services.

10.5 If booked using a credit/debit card or bank transfer, the Service Fee will be taken from the User’s account the day before the service is rendered and will then automatically be transferred to the Service Provider’s account within 5 – 7 business days.

10.6 In the event of a failed payment for a particular service, for reasons such as insufficient funds, suspicion of fraud, or violation of our terms, the Company will use all commercially reasonable efforts to rectify the payment issue as part of its Customer Services. Notwithstanding, under no circumstance shall the Company be liable for any damages, including any payment or compensation to any Service Provider if its effort to obtain payment does not succeed for any reason whatsoever.

10.7 Where a User has obtained a refund in relation to their booking in accordance with these Terms and Conditions, Service Providers agree that the Company will not refund the Service Fee, and that the Service Provider, subject to the Company’s sole and absolute discretion, will be responsible to refund the Service Fee directly to the User.

10.8 Users and Service Providers agree that all bookings (including, for the avoidance of doubt, new and repeat bookings) where the User and Service Provider first contacted each other via the Services or through the Website (“Initial Contact”), must be made via the Services. Where an Initial Contact has been made, if a Service Provider confirms or proceeds with a booking with a User outside of the Services, the Service Provider or User may have to pay an introduction fee of £500 to the Company per user.

10.9 In the unlikely event you or your bank accidentally dispute the payment transfer, you will be liable for the extra bank charges.

  1. YOUR RIGHT TO USE THE SERVICES

11.1 The materials and content comprising the Services (excluding User Content) belong to us or our third-party licensors, and we give you permission to use these materials and content for the sole purpose of using the Services in accordance with these Terms and Conditions.

11.2 Your right to use the Services is personal to you and you are not allowed to assign or transfer this right to another person or to sell, gift, or transfer your Account to another person. Your right to use the Services does not stop us from giving other people the right to use the Services.

11.3 The Company owns any and all intellectual property rights relating to the Company brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that provide the “look and feel” of the Company brand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video, and audio contained herein (the “Intellectual Property”). Your use of the Website or Services does not grant you any rights or licenses relating to the Company Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms and Conditions. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purposes. All other product names, names of services, trademarks, service marks, and other intellectual property are the property of their respective owners, as indicated, and may only be used as permitted.

11.4 Unless allowed by these Terms and Conditions and as permitted by the functionality of the Services or Website, you agree:

  • not to copy any portion of our Services or Website;
  • not to give or sell or otherwise make available any portion of our Services or Website to anybody else;
  • not to change our Services or Website in any way;
  • not to look for or access the code of our Website that we have not expressly published publicly for general use.

You agree that you have no rights in or to any portion of the Services or Website other than the right to use them in accordance with these Terms and Conditions.

  1. RULES OF ACCEPTABLE USE

12.1 In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to your use of the Services or Website (the “Rules of Acceptable Use”).

12.2 You are specifically prohibited from posting, sending, submitting, publishing, or transmitting in connection with the Website any material that is unlawful or for illegal activity. You agree not to use the Website to do any of the following:

  • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • upload, post, email, transmit, submit, share, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit, submit, share, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • upload, post, email, transmit, submit, share, or otherwise make available information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
  • upload, post, email, transmit, submit, share, or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer or application code, files, or programs designed to interrupt, destroy or limit the functionality of any device software or hardware or telecommunications equipment, or intercept, download or transmit unauthorised data;
  • use the Website or Services, or other activities to “stalk” or otherwise harass or harm another, or improperly access another’s information;
  • advocate illegal activity or an intention to commit an illegal act;
  • impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
  • advertise or otherwise engage in any commercial endeavor without the Company’s explicit, written permission;
  • use the Website in any manner that could damage, disable, overburden, or impair any server, or network(s) connections, disobey any requirements, procedures, policies, or regulations of networks connected to the Website, or interfere with any other party’s use and enjoyment of the Website;
  • attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to any Company server, through hacking, password mining or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website;
  • intentionally or unintentionally violate any applicable local, national, or international law;
  • circumvent, disable or otherwise interfere with any security-related features of the Website or features that prevent or restrict use or copying of the content accessible via the Website; and/or
  • create more than one account on the Services (however, you may connect all your social networks or other services accounts, that we support, to your account on the Services).
  • use the Service other than for its intended purpose as set out in these Terms and Conditions or if we have suspended or banned you from using it;

12.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions and may result in our taking all or any of the following actions (with or without notice and at the Company’s sole and absolute discretion), in addition to any other actions we deem appropriate:

  • immediate, temporary, or permanent withdrawal of your right to use our Services;
  • immediate, temporary, or permanent removal of any User Content;
  • issuing a warning to you;
  • legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
  1. NOTICE AND TAKEDOWN POLICY

13.1 Any person may contact us by sending us an “Infringement Notice” if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent by email to hello@findpetcremation.com. Please provide the information described below in the Infringement Notice:

(1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Website, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (4) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the person alleged to be infringing that the Company has removed or disabled access to this material. Please note that, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the person alleged to be infringing who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

  1. USER AND SERVICE PROVIDER OBLIGATIONS

14.1 If you are a User, you agree to the following:

  • You have obtained and will maintain any mandatory insurance policies concerning your property and the pets whose cremation services you are seeking.
  • You shall abide by any agreement reached between you and the Service Provider including the cancellation policy set by the Company.
  • You shall provide all relevant information to any Service Provider you are dealing with including, but not limited to, the following:
    • Specific instructions or preferences for the cremation process;
    • Any health conditions or special requirements of the pet that the Service Provider should be aware of.
  • You must ensure that your pet is eligible for the services offered and that all necessary preparations are made as instructed by the Service Provider.

14.2 If you are a Service Provider, you agree to the following in respect of any services you supply:

  • You agree that all bookings and communications with Users will be conducted via the Services, and that failure to abide by this policy will lead to potential penalties or suspension from the Services.
  • Services shall be supplied using reasonable skill and care, particularly in respect of the dignity and sensitivity of the cremation process.
  • Services shall be in accordance with applicable law (including applicable tax regulations, and that any required licenses are obtained) and with any agreement reached between you and the User.
  1. BOOKING GUARANTEES FOR USERS

15.1 If, in relation to a User’s booking, the User has any genuine concerns about the quality or suitability of the Service Provider or the services, they may request a refund from the Company (“Refund Request”), regardless of the cancellation policy. Any Refund Request must be made in accordance with the following:

  • The Refund Request must be by email to the Company via our contact form within 24 hours of the commencement of the services.
  • The Refund Request must include a detailed description, including photographic evidence if applicable.
  • Following receipt of a Refund Request, the Company, in its sole discretion, will determine whether a refund will be paid to the User. This review process may take up to 3 weeks. If a refund is to be paid, the Company will process the refund to your credit or debit card; it may take up to 10 days for the money to appear in your account.

15.2 If, at any point following confirmation of a booking or while the services are in progress but not yet completed, the Service Provider cancels the booking, the Company shall:

  • Assess the situation and offer a full or partial Refund depending on the individual circumstance and the Company’s determination, in its sole and absolute discretion, of the cause and justification of the Service Provider’s cancellation of the booking; and
  • If the booking is canceled during, or within 3 days before the commencement of, the services, assist the User in finding an alternative Service Provider.
  1. CANCELLATION POLICY

16.1 Users and Service Providers can cancel a booking at any point before the services start subject to a potential Cancellation Fee.

16.2 Users can cancel a confirmed booking at any time before the services start, subject to a cancellation fee (the “Cancellation Fee”), which shall depend on the time of notice given by the User.

  • There is no charge for a cancellation with more than 16 days’ notice.
  • If a User cancels 15 to 8 days before the service starts they will be charged a fixed booking fee.
  • If a User cancels within 7 days or less of the service starting, the User will be charged a percentage of their booking cost.
  • If a User has to cancel during a booking, there will be no refund.

16.3 Service Providers can cancel bookings at any stage with reasonable notice. If a Service Provider needs to cancel within 5 days or less of the booking starting, the Service Provider must contact the Company via our contact form for further help.

16.4 All Cancellations and Refunds should be processed through the Company via our contact form. If Service Providers process the refund themselves in Stripe, the Company is not obliged to refund its fees to the Service Provider.

  1. EMERGENCY SITUATIONS

17.1 The Service Provider is required to make reasonable efforts to inform the User and the Company as soon as possible where a situation arises that requires emergency attention related to the services being provided.

17.2 If the User cannot be reached following reasonable efforts, the User authorizes the Service Provider to make decisions on their behalf. The User agrees that they will bear the full cost of any such emergency actions and will reimburse the Service Provider where the Service Provider has incurred expenses accordingly.

  1. ADVERTISEMENTS ON THE SERVICE

20.1 We and our selected business partners may provide advertising to you through the Services or by other methods such as email. This advertising may be based on your User Content or other information available through the Services. When delivering advertising we will only use information that identifies you as set out in our Privacy Policy.

  1. ENDING OUR RELATIONSHIP

21.1 If at any time you do not feel that you can agree to these Terms and Conditions or any changes made to the Terms and Conditions or the Services, you must immediately stop using the Services.

21.2 If you wish to end your use of the Services, you may deactivate your account using the “Delete Account” section of your account settings. Alternatively, you can contact us and we will deactivate your account. If you deactivate your account, you will not be able to access the account or data previously stored in the account. For information on our retention of this data, please refer to our Privacy Policy.

21.3 We may immediately end your use of the Services if you break the Rules of Acceptable Use, any other important rule(s), or Terms and Conditions we set for accessing and using the Services or Website including these Terms and Conditions.

We may also withdraw the Services as long as we give you reasonable notice that we plan to do this.

21.4 If you or we end your use of the Services or we withdraw the Services as described in this section, we may delete or modify your User Content, account, or any other information we hold about you. You will also lose any rights you have to use the Services or access our content or your User Content. We will not offer you compensation for any losses.

21.5 The termination of your use of the Services and the cancellation of your Account shall not affect any of your outstanding obligations to us (including obligations to pay any sums to us), or to any Service Provider pursuant to any agreement with that Service Provider.

  1. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY

22.1 Your consent and agreement to the following disclaimers and limitations are a material inducement for us to permit you to access the Website and/or Services. Your use of the Website and/or Services, and the obligations and liabilities of us in respect of your use of the Website and/or Services, is expressly limited as follows:

22.2 Third-Party Websites

Notwithstanding the presentation of, or links to, any third-party information or website/app on the Website and/or Services, no such presentation shall be considered an endorsement, guarantee, representation, or warranty, either express or implied, by us on behalf of any third party. We shall have no liability or responsibility whatsoever for the content, subject matter, or substance of any information accessed or obtained from third-party websites accessed from or via the Website and/or Services. Access to third-party websites/apps from the Website is done at your own risk. The Company makes no representations or warranties regarding any opportunities found via the Website. Any such opportunities and information are provided “as is,” except to the extent otherwise set forth in a licence or sale agreement entered into in writing between you and the Company or with respect to warranties that may be provided by the provider of the opportunity, if any.

22.3 Disclaimer of Endorsement and Liability

The representations, views, and opinions expressed or implied in any document or image included in, or linked to or from this site, do not necessarily state or reflect those of the Company unless we explicitly say so. The Company does not endorse or recommend, and assumes no responsibility or liability for any actions, opinions, information, or representations of any user, company, or information contained on the Website and/or Services, nor do we guarantee or assume liability for the accuracy, completeness, or usefulness of any information maintained by us.

22.4 DISCLAIMER OF WARRANTIES

THE WEBSITE AND SERVICES, AND THEIR CONTENT, ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THIS WEBSITE AND/OR SERVICES AND RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY INFORMATION PROVIDED ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES.

THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE. YOU AND NOT THE COMPANY ASSUME THE COST OF ALL NECESSARY COSTS, DAMAGES, SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THIS WEBSITE AND/OR SERVICES OR THEIR CONTENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OF THE WEBSITE AND/OR THE SERVICES OFFERED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO QUALITY, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT OF THE WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME WITH OR WITHOUT NOTICE.

NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THE WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE WEBSITE.

22.5 LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR SERVICES, OR RELIANCE UPON ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF THE COMPANY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE TOTAL DAMAGES FOR WHICH THE COMPANY SHALL BE LIABLE SHALL BE LIMITED TO £100.

22.6 Release and Indemnification

You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release the Company, and its subsidiaries, Affiliates, and each of their officers, directors, employees, assigns, agents, and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties, or fines known or unknown, arising out of or in connection with (1) your use of this Website and/or Services, or (2) the use of any information accessed by you from this Website and/or Services.

You agree to indemnify and hold the Company and its subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees and costs of suit, made by any third party due to or arising out of (1) your use of this Website and/or Services, (2) information that you submit, transmit, or otherwise make available via this Website and/or Services, or (3) your breach of these Terms and Conditions.

You agree to indemnify, defend, and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs, and expenses, including but not limited to, attorneys’ fees and costs of suit, arising out of your breach of these Terms and Conditions.

22.7 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the exclusions and/or limitations stated above may not apply to you.

  1. RESOLVING DISPUTES

23.1 If you have a dispute with us relating to the Website or Services, in the first instance, please contact us at hello@findpetcremation.com and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute informally, we will discuss and agree with you on the most effective way of resolving the dispute.

23.2 If you have a dispute with another person who has registered with our Services in connection with the Services, we will provide reasonable assistance to resolve such disputes informally. For the avoidance of doubt, we are under no obligation to resolve such a dispute to the satisfaction of both parties.

  1. CHANGES TO THE SERVICE

24.1 We are constantly updating and improving the Website and Services to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors, and the way people use the Internet and our Website and Services.

24.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Website or Services, or feature relating to the Service (“changes to the Service”). These changes to the Service may affect your past activities on the Service, features that you use, your Profile, and your User Content (“Service elements”). Any changes to the Service could involve your Service elements being deleted or reset.

24.3 You agree that a key characteristic of our Website and Services is that changes to the Services will take place over time and this is an important basis on which we grant you access to the Services. Once we have made changes to the Services, your continued use of the Services will show that you have accepted any changes to the Services. You are always free to stop using the Services or deactivate your Account in the settings feature of the Services.

24.4 We will try, where possible and reasonable, to contact you to let you know about any significant changes to the Services.

  1. CHANGES TO THE DOCUMENTS

25.1 We may revise these Terms and Conditions from time to time.

25.2 Changes will usually occur because of new features being added to the Services, changes in the law, or where we need to clarify our position on something.

25.3 We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms and Conditions. We may contact you through the Services (for example, by asking you to accept the changes before you continue to use the Services) or via a separate email.

25.4 Normally, we will try to give you some warning before the new Terms and Conditions become effective. However, sometimes changes will need to be made immediately, and if this happens we will not give you any notice.

  1. DOCUMENTS THAT APPLY TO OUR RELATIONSHIP WITH YOU

26.1 The current version of the Terms and Conditions contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms and Conditions will no longer apply to our relationship and will be completely replaced by the current version.

26.2 We intend to rely on these Terms and Conditions as setting out the written terms of our agreement with you for the provision of the Services. If part of the Terms and Conditions cannot be enforced then the remainder of the Terms and Conditions will still apply to our relationship.

  1. MISCELLANEOUS

27.1 Entire Agreement. These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and the Company governing your use of the Website and Services, superseding any prior agreements between you and the Company with respect to the Website and Services.

27.2 Waiver and Severability. The failure of the Company to enforce any right of the provisions in the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms and Conditions, and the Terms and Conditions shall be construed without regard to the invalid, illegal, or unenforceable provision.

27.3 Viruses and Transmission of Sensitive Information. The Company cannot and does not guarantee or warrant that the materials contained on the Website will be free of viruses, worms, or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your device’s system to satisfy your requirements to protect against viruses. The Company does not assume any responsibility or risk for your use of the Internet, nor does the Company assume any responsibility for any products or services of, or hyperlinks to, third parties.

27.4 Appropriateness and Responsibility for Legal Compliance. We do not represent that materials on the Website are appropriate or available for use in your location. Persons who choose to access the Website and/or use the Services do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim, arbitration demand or cause of action arising out of or related to use of the Website and/or Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of the Terms and Conditions or Privacy Policy is found to be unenforceable for any reason, then such provision shall be deemed deleted from the Terms and Conditions or the Privacy Policy, as the case may be, and shall not affect the validity or enforcement of any remaining provisions.

  1. LAW

28.1 English law will apply to all disputes and the interpretation of these Terms and Conditions. The Courts of England & Wales will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Website and Services. If you are resident in the EU, nothing in this clause shall affect your rights under the law of the country in which you live, including your right to have a dispute in relation to your use of the Service heard in the courts of that country.

28.2 If you are a consumer in the European Economic Area, the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr provides information about alternative dispute resolution, which you may use if there is a dispute that cannot be resolved between you and the relevant party.

  1. CONTACT, FEEDBACK AND COMPLAINTS

29.1 If you need to contact us in relation to these Terms and Conditions or any other document mentioned in them, please contact us.

29.2 We value hearing from our users, and are always interested in learning about ways we can improve the Website and Services. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.

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