PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE.

In this Policy, “we” or “us”, “I & C”, “I and C”, “I & C Memorials”, “I and C Memorials” refers to “I & C Memorials Ltd” a company in England, 1a Keston Road, Tottenham, London, N17 6PJ

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You should read these Terms because they contain our legal commitments to you and a number of DOs and DON'Ts which you need to be aware of when you use our Services. Please read these Terms carefully to make sure you understand them. By using our Services, you are automatically deemed to agree to accept and be legally bound by these Terms. For the avoidance of doubt if you do not agree with the Terms, you should not proceed to access or use our Services.

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You should also read our Privacy Policy. The Privacy Policy explains how we use your personal data.

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If you think that there is a mistake in these terms or have any queries, please contact us to discuss.

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If we have to contact you, we will do so by writing to you at the email address you have provided to us. It is therefore very important that you confirm you have provided a legitimate email address that is used by you personally and by proceeding with use of our Services you warrant that you have done so. We will only contact you have given explicit consent for us to do so. The only other time you will receive emails, is where you have registered to receive our newsletter and updates. 

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When we use the words "writing" or "written" in these terms, this includes emails.

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Changes to Terms

We can update and change these Terms from time to time and the most current version of these Terms will be posted here, on our website. You may be invited to review and accept the revised Terms in order to continue using the Services. We suggest all users regularly check the terms on the website where any changes will be posted. You can print and save a copy of these Terms for your future reference.

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We may require you to update software to be able to use the Services, provided that the Services will continue to match the description of it that we provided to you before.

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The associated software may be upgraded to reflect changes in an operating system. 

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By continuing to use the Services you will be deemed to have accepted the Terms as varied from time to time.  

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Security is important to us and you therefore agree not to share your access with any other user or third party, or knowingly carry out any activity which enables a third party to access your account / account details. If we believe, acting in our discretion, that your account is used inappropriately, we reserve the right to suspend or terminate or cease to support your account without liability.

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If you become aware of any unauthorised use of your information, you should notify us immediately and subject should read ‘Security Breach’ though please note that we may need to verify your identity. Please be alert for other websites and services which may pretend to be us or to be associated with us.

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If in doubt, please contact; info@iandcmemorials.co.uk

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We are not party to any agreement between any user. You bear full responsibility for any verification relating to your identity, legitimacy, and authenticity if required.

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Because we have a growing number of services, we sometimes need to provide additional terms for specific services (and such services are deemed part of the “Service” hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant service, then become part of your agreement with us if you use those services. 

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By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.

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Rules of Use

You undertake and agree to adhere to and abide by the following rules ("the Rules") and to protect our community and comply with our legal obligations, we reserve the right to take action, with or without advance notice, if we believe you have violated these Terms.

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You agree that you will not post, distribute, or otherwise make available or transmit any data, text, message, graphic or computer file that we believe:

• is a personal attack on other individuals;
• bullies, stalks or otherwise harasses any other user of our Services;
• is vulgar, obscene, or sexually explicit (language or images);
• is offensive, sexist, racist or discriminatory in any way;
• encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
• infringes and/or violates any right of a third party including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
• contains a virus or other harmful component, or otherwise tampers with, impairs or damages our Services or otherwise interferes with any person or entity's use or enjoyment of the Services;
• engages in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing";
• impersonates any person or entity or misrepresents your identity or affiliation with any person or entity;

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You agree that you will not:

• use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorised by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
• reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
• use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
• Use the Service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
• Use the Service for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Service;
• Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service

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Violation of Rules

If you believe that another user is violating these Rules, please let us know by emailing info@iandcmemorials.co.uk

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However, we cannot and do not guarantee that other users are or will be complying with these Rules, and we will not be responsible for any other user's lack of compliance. All users are responsible for your own actions.

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We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding any violation of the law.

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All of the content and information contained in the Services are owned or licensed by us and are protected by intellectual property rights. Examples include but are not limited to; source and object code, trademarks, logos, graphics, photographs, videos, animations, copyrightable and text. In particular, any names, title, logos and designs are exclusively owned by us.

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Service Interruption

We do not guarantee that the Services will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors or omissions. For example, there may be times when the Services are unavailable due to maintenance or technical problems. We may also change, suspend or discontinue certain Services without giving you prior notice.

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Whilst we shall use reasonable endeavours to provide the Services if and to the extent that we are  prevented from performing any or all of our Services  due to an event which is beyond our reasonable control we shall not be deemed to be in breach of the Terms, or otherwise liable, for any non-performance of our obligations under these Terms.

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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 or for fraud or fraudulent misrepresentation.

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We will take reasonable steps to ensure that our Services are free from viruses and other malicious software, but we also recommend you use applicable anti-virus software as relevant.

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Third Parties

The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of us and may be “open” applications for which no recourse is possible. We are not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. We provide links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.

If you visit any third-party website, please be aware that it may have its own terms of use, licence agreement and privacy policy which you will need to be aware of and abide by. We accept no responsibility for bringing these third-party terms to your attention.

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Agreeing to Terms

By using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should not access or use our Services. 

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If we are unable to resolve any disputes between us regarding the delivery of services, you have the right to refer the dispute to the Disputes Ombudsman https://www.tpos.co.uk/

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Services made available to you

You warrant and undertake that you shall not do or authorise any act or thing which will in any way materially alter, harm, misuse or bring into disrepute, impair or materially adversely affect us and/or our rights and interests or the rights and interests of any of our commercial partners.

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You cannot assign, sub-license or otherwise transfer any or all of your rights or obligations under these Terms to any other person.

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If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be amended to the minimum extent necessary to make it valid, legal and enforceable. If that part cannot be amended, it will be deleted. The amendment or deletion of any part of these Terms shall not affect the validity and enforceability of the rest of the Terms.

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If we do not enforce any right, we have against you, this does not prevent us from enforcing this right at a later date. A person who is not a party to these Terms does not have any rights under them.

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These Terms supersede and take precedence over any other purported terms between you and us.

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These Terms and our relationship with you are governed by The Jurisdictions of the United Kingdom which comprise of three legal jurisdictions of the United Kingdom of Great Britain and Northern Ireland, namely: England & Wales, Scotland, and Northern Ireland Law.

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For customer support and business queries, please email info@iandcmemorials.co.uk.

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Children

To comply with the current ‘UK Data Protection Act’ for Children, specifically the Age Appropriate Design Code (also known as the Children’s Act), our services are not available for use by children and are intended for persons over the age of 18 years old. Please refer to your country laws in accordance with age appropriate guidance.

More information can be found https://ico.org.uk/for-organisations/childrens-code-hub/

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If you help someone who is under 18 to register for or otherwise use any Services you assume full liability for any consequences and that, under no circumstances including, but not limited to, negligence.

We, nor any third-party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of such use.

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Content and IP Rights

All of the content and information contained in the Services are owned or licensed by us and are protected by intellectual property rights. Examples include but are not limited to; source and object code, trademarks, logos, graphics, photographs, videos, animations, copyrightable gameplay and texts. In particular, any names, title, logos and designs.

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You are not allowed to use the Services or any of the content or information they contain, or may contain, in any way unless expressly allowed under these Terms or expressly permitted by us. You may not reverse engineer, decompile, disassemble or modify any Services in any way.

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You agree that:

(a) you will not copy any of the software provided as part of the Services

(b) you will not rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the software nor permit the software or any part of it to be combined with, or become incorporated in, any other programs

(c) you will comply with the rules contained in this document

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We are not responsible for the following types of loss or damage which may arise: 

• unauthorised persons who have gained access to your account (including, without limitation, minors or unauthorised third parties);
• loss or liability incurred by you as a result of accidentally making a purchase through your wallet connection 
• any loss which is indirect or a side effect of the main loss or damage and which we and you could not anticipate nor expect to happen when you started using the app or website, for instance if you lose revenue or salary, profit, opportunity or reputation; and
• any loss or damage if purchased Items are not provided to you are interrupted or suspended because of events beyond our control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion or other act or event beyond our reasonable control.
• We make every effort to inform our users via our social media platforms of any persons/companies or potential scams, that may be impersonating us. 

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Additional important information and terms 

• It is your responsibility to determine whether your access and use of our site is in line with all legal and regulatory obligations that are applicable to you. 

• Information on our website or within these Terms is not intended as advice.

• The content on our site is provided for general information only, and personal use. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
  

• Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. 

• You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

• You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. 

• By breaching this provision, you would commit a criminal offence under the relevant state / country law. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Termination

If you breach any of the provisions of these Terms, all licenses granted by us will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your Account and/or your ability to access or use the Service (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us.

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Severability

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

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Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

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General Terms of Services

1. The contract between us

We must receive 50% of the ‘whole’ total cost of the products and / or service you have ordered before we can confirm your order has been formally accepted. Once payment has been received by us, we will confirm that your order has been accepted by sending an email to you at the email address you provide. Our email acceptance of your order brings into existence a legally binding contract between us.

Once the order and / or service has been completed, the remaining 50% of the total cost should be paid upon receipt of the invoice and no later than 7 working days.

Late payments may incur additional charges or late fees.

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2. Price

The prices payable for products will be clearly explained to you before you place your order. Goods and Services are priced in GBP and include any applicable UK VAT. 

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3. Cancellation by us

We reserve the right to cancel the contract between us if;

(a) we have insufficient stock to deliver the products you have ordered, or 

(b) one or more of the products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. 

In the event of the above, we will first contact you to try to arrange alternatives.

If we do cancel your contract, we will notify you by phone or e-mail and will re-credit to your account any sum deducted by us from your account as soon as possible (and in any event within 30 days of your order). 

We will not be obliged to offer any additional compensation for disappointment but will always endeavour to do all we can to ensure you have the next best alternative.

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4. Events beyond our control

We shall have no liability to you for any failure to perform any obligation of any contract under these Terms (express or implied) where such failure is caused by any event or circumstance beyond our reasonable control including, without limitation, breakdown of systems, flood, fire, explosion or accident.