IMPORTANT LEGAL NOTICE - firstfunerals website terms and conditions
We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.
For the avoidance of doubt, please note that references to "Website" in these Website Terms include any current or future version of our website http://www.firstfunerals.com and any firstfunerals mobile application through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).
By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to request any services or quotes through the Website.
I. TERMS AND CONDITIONS OF USE AND SALE1. INTRODUCTION AND OUR ROLE
1.1. Company details: firstfunerals Ltd is a company registered in England and Wales with registered company number 08930873, whose registered office is at Cooper House, 2 Michael Road, Fulham, London, SW6 2AD
1.2. VAT number: Our VAT number is GB 214633727.
1.3. Service: We provide a way for you to communicate your funeral service requirements ("Quotes") to funeral directors ("Funeral Directors") displayed on the Website (the"Service").
2. WEBSITE ACCESS AND TERMS2.1. Website access: You may access some areas of the Website without building a quote or registering your details with us.
2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Services/Products through the Website.
2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.
2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
3. YOUR STATUS3.1. Capacity and age: By placing a quote through the Website, you warrant that:
3.1.1. You are legally capable of entering into binding contracts; and
3.1.2. You are at least 18 years old
3.1.3 You have funds readily available to pay for the funeral that you require
4. HOW TO REQUEST A QUOTE AND HOW IT IS PROCESSED4.1. Compiling the funeral: Once you have selected the funeral preferences and selected the funeral directors you wish to receive a quote from within your local area, you will be given the opportunity to submit your Quote by clicking or selecting the "proceed", "place my order" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will start processing the funeral and obtaining quotes from your desired funeral directors. Should there be any errors on your quote this may affect your quotation.
4.1.1 Quotes: firstfunerals will not divulge your details to any of the funeral directors unless you have indicated on the form you wish to be contacted. Once this has been completed your details will be released to your desired funeral director who will in turn make contact via email or telephone to confirm your funeral.
4.2 We will provide you with quotations based in the information you have provided to us. Where we ask questions to help source quotations, you are responsible for:
1. Answering all questions honestly, completely and to the best of your knowledge, and for ensuring that any assumptions made are correct.
2. Failure to do so may lead to a misleading funeral quotation cost.
4.3 It is important that you read the funeral directors terms and conditions to check that you understand and agree with them. The funeral director’s terms and conditions are not the same as ours and they will be the terms you agree to when you accept a quotation.
4.4. Amending or cancelling your Order: If you wish to change or cancel your Order, you may contact our Customer Care team and they will attempt to contact the funeral director in order to communicate your requests. However, there is no guarantee that we will be able to reach the funeral director or that the funeral director will agree to your requests as they may have already started processing your accepted quotation.
4.5. Payment authorisation: Where any payment you make is not authorised, your funeral service will not be processed or communicated to the relevant the funeral director.
4.6. Processing the service and funeral directors rejecting your quote: On receipt of your Quote, we will begin processing it by sending it to the relevant funeral directors you have selected and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Funeral Director. We encourage all our Funeral Directors to accept all Services and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Funeral Director rejects your Order. However, Funeral Directors have the discretion to reject Services at any time because they are too busy, due to weather conditions or for any other reason.
4.7. Delivery of your Order: Estimated times for deliveries and collections are provided by the Funeral Directors and are only estimates. Neither we nor the Funeral Directors guarantee that Services will be delivered or will be available for collection within the estimated times.
5. PRICE AND PAYMENT5.1. VAT and delivery costs: Prices will be as quoted on the Website. These prices include VAT and any online payment administration charge imposed by the funeral director. These will be added to the total amount due where applicable.
5.2. Incorrect pricing: If the correct price for a funeral service is higher than the price stated on the Website, we will normally contact you before the service is completed. In such an event, neither we nor the relevant funeral director is under any obligation to ensure that the funeral service is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
5.3. Payment methods: Payment for Services must be made by an accepted credit or debit card through the Website (when available)..
5.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the funeral director as proof of identification and so that they can check that the card conforms with the receipt data for the service.
5.5 Funeral Directors: Funeral directors will be charged a flat fee of 20% of the total value of the funeral service. Upon registration to firstfunerals.com they will be required to sign up to our payment provider. Funeral directors will receive an initial deposit from the user via firstfunerals to cover all anticipated 3rd party disbursements, which will be transferred immediately into their account with the remaining balance transferred after the funeral service. To transfer funds from the Funeral Directors to their bank account will result in a charge of 1.9% + £0.20 transaction charge each time.
6. CUSTOMER CARE6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your service. You can contact our Customer Care team either by phone or by email shown on the Website who are available 9:00am until 17:30pm Monday – Friday.
6.2. Questions about your Order: If you have any questions about the funeral service or you have any other problems with the service, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the funeral director in order to follow up on your query.
6.3. Changing or cancelling your Order: If you wish to change or cancel the service after it has been submitted and payment has been authorised, you may contact the Funeral Director or our Customer Care team as described above and they will attempt to contact the funeral director in order to communicate your requests. However, there is no guarantee that we will be able to reach the funeral director or that the funeral director will agree to your requests as they may have already started processing your Order.
6.4. Complaints or feedback: In the event that you are dissatisfied with the quality of the service provided by a funeral director, please providing feedback in the form of ratings, comments and reviews on the Website (together, "Reviews") to reflect your experience. The Reviews are an important part of our quality control process. You can also raise a dispute through the platform. Again, please feel free to contact us to assist you should you require this.
6.5. Compensation: If you are dissatisfied with the quality of any services provided by a Funeral director and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Funeral DIrector directly to lodge your complaint and, where appropriate, follow the Funeral Directors own complaint procedures. If you are unable to contact the Funeral Director, or the Funeral Director refuses to deal with your complaint, you can contact our Customer Care Team as described above within 48 hours of placing your service and one of our Customer Care Advisers will attempt to contact the Funeral Director in order to request compensation on your behalf. Please note that we have no control over funeral directors and the quality of the service that they provide, and we not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any funeral director.
7. LICENCE7.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
7.1.1. You must not misuse the Website (including by hacking or "scraping").
7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited.
7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
7.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.
7.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
7.2. Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
8. SERVICE ACCESS8.1. Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
8.3. Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
9. VISITOR MATERIAL AND REVIEWS9.1. General:
9.1.2. You represent and warrant that that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.
9.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:
9.2.1. breaches any applicable local, national or international law;
9.2.2. is unlawful or fraudulent;
9.2.3. amounts to unauthorised advertising; or
9.2.4. contains viruses or any other harmful programs.
9.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:
9.3.1. contain any defamatory, obscene or offensive material;
9.3.2. promote violence or discrimination;
9.3.3. infringe the intellectual property rights of another person;
9.3.4. breach any legal duty owed to a third party (such as a duty of confidence);
9.3.5. promote illegal activity or invade another's privacy;
9.3.6. give the impression that they originate from us; or
9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.
9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
9.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
9.6. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Funeral Director or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.
9.7. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
10. LINKS TO AND FROM OTHER WEBSITES10.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
10.2. Linking permission: You may link to the Website's homepage (www.firstfunerals.com), provided that:
10.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
10.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
10.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));
10.2.4. we have the right to withdraw linking permission at any time and for any reason.
11. DISCLAIMERS11.1. Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
11.2 Funeral Director actions and omissions: The legal contract for the supply and purchase of Products/Services is between you and the Funeral Director that you place your Order with. We have no control over the actions or omissions of any Funeral Directors. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
11.3 We do not give any undertaking that the services ordered from any Funeral Director through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
11.3.3. We encourage all our Funeral Directors to accept all services and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Funeral Director rejects your service. However, we do not guarantee that Funeral Directors will accept all Services, and Funeral Directors have the discretion to reject services at any time because they are too busy, due to weather conditions or for any other reason.
11.3.4. The foregoing disclaimers do not affect your statutory rights against any Funeral Director.
11.4. Exclusion of terms: We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).
12. LIABILITY12.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
12.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:
12.2.1. any loss of profits, sales, business, or revenue;
12.2.2. loss or corruption of data, information or software;
12.2.3. loss of business opportunity;
12.2.4. loss of anticipated savings;
12.2.5. loss of goodwill; or
12.2.6. any indirect or consequential loss.
12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Service or £100, whichever is lower.
12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
13. TERMINATION13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
13.1.1. you have used the Website in breach of paragraph 7.1 (License);
13.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
13.1.3. you have breached paragraph 10.2 (Links to and from other websites); or
13.1.4. you have breached any other material terms of these Website Terms.
13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
14. WRITTEN COMMUNICATIONS14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products/Services via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. EVENTS OUTSIDE OUR CONTROL15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").
15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1. strikes, lock-outs or other industrial action;
15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5. impossibility of the use of public or private telecommunications networks; and
15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
15.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
16.3. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.4. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
16.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
16.6. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
16.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
17. GOVERNING LAW AND JURISDICTION17.1. These Website Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.
Collection of InformationThis website collects various types of information, such as:
Voluntarily provided information which may include your name, address, email address, funeral arrangement details, billing and/or credit card information etc., which may be used when you purchase products and/or services and to deliver the services you have requested. Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.
Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this site.
We may also gather information about the type of browser you are using, IP address or type of operating system to assist us in providing and maintaining superior quality service.
It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.
Use of Information Collected
|Lawful Basis Key|
|Consent: the individual has given clear consent for you to process their personal data for a specific purpose.|
|Contract: the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract.|
|Legal Obligation: the processing is necessary for you to comply with the law (not including contractual obligations).|
|Vital interests: the processing is necessary to protect someone’s life.|
|Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.|
|Legitmate interests: the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.)|
|What we use your personal information for||Further detail||Lawful basis we rely upon|
|Process your application and to take steps to introduce you to a funeral director or any other relevant service associated with the funeral industry or alternative solution provider, according to your request (our Services).||Enable us to provide your information to funeral related suppliers & alternative solution providers. Validate your identity. Access your credit history, if applying for credit or financial related products. Enable us to contact you regarding your application. Help us to find you the most appropriate product(s). Confirm that you can afford the selected product(s). Confirm whether you were accepted for a product following our introduction to a lender, other broker or an alternative solution provider.||a. It is necessary to perform the contract that we have in place with you to provide our Services (for example where you have accepted our terms and conditions)
b. Necessary for the legitimate interest of providing the Services that you have requested when applying for a loan or other credit product.
|To improve our business and develop and improve the ways we serve our customers.||Extract certain information for the purpose of generating statistics for our own internal purposes (including credit and/or behaviour scoring, and market product analysis). Develop and manage products and services to meet your needs. Determine your eligibility for different products and services that may be of interest to you. Update our website to better meet your needs in the future.||a. Necessary for the legitimate interest of improving and developing our business and the products and services we provide to customers.|
|To develop and carry out marketing activities||To develop products and services and deciding whether they may be of interest to you. Sending you marketing about products and services that we feel may be of interest to you.||a. Consent (e.g. when you have opted in to receive marketing by email or SMS from us).
b. Legitimate interest of developing our business and to send you marketing about products and services which we think may be of interest
|To manage risk, prevent crime and to comply with all our legal and regulatory obligations||Detect, prevent and investigate actual and potential fraud and related activities such as money laundering. To respond to any requests for information from our regulators (e.g. the FCA). To respond to complaints and try and resolve them with our customers.||a. Necessary for the legitimate interest of protecting our business, complying with the rules and regulations that apply to us and detecting and dealing with crime. b. To comply with our legal obligations|
|Sharing your information with other companies||See further detail below.||a. Legitimate interest of developing our business and the legitimate interest of the other companies we share data with (see further detail below).|
Unsubscribe or Opt-OutAll users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to firstname.lastname@example.org. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.
Securityfirstfunerals shall endeavour and shall take every precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorised access, disclosure or modification of the user's personal information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private communications in an effort to build users' trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.
Disabling CookiesYou can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.
This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.
When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.
This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
For more information on Google Analytics cookies, see the official Google Analytics page.
The Google AdSense service we use to serve advertising uses a DoubleClick cookie to serve more relevant ads across the web and limit the number of times that a given ad is shown to you.
For more information on Google AdSense see the official Google AdSense privacy FAQ.
More InformationHopefully that has clarified things for you and as was previously mentioned if there is something that you aren't sure whether you need or not it's usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. However if you are still looking for more information then you can contact us through one of our preferred contact methods.