Last updated on 9 March 2022.
Welcome to Greener Globe Funeral Awards!
By clicking the tick box below, paying for your Subscription, using our Website or otherwise accepting the benefit of any part of the Services, you agree to be bound by these Terms which form a binding contractual agreement between you or the company you represent (the ‘Client’, or ‘you’) and us.
When we talk about "Greener Globe Funeral Awards", "we," "our," or "us" in these Terms, we are referring to Green Globe Awards Limited (Company Number 13084870) trading as Greener Globe Funeral Awards. When we talk about the "Services" in these Terms, we are referring to our auditing, assessment and certification services (in which we will assess your application for the certification set out in your Subscription Tier (Certification), and grant Certification to you if you qualify) and the provision of our website at ggfa.co.uk (Website), your Greener Globe Funeral Awards Subscription, and any associated services we offer. Your Subscription is for the tiered package as selected by you and agreed between us by means of the Services (Subscription Tier).
Please note that your Subscription will continue to renew indefinitely, and you may continue to incur Subscription Fees unless you notify us that you want to cancel your Subscription in accordance with clause 3(f). Please ensure you contact us if you want to cancel your Subscription.
How do I read these terms?
We separated These Terms into three parts, so they are easy to read and understand.
Those parts are:
- Part A: These Terms apply when you browse or interact with the Website (applies to anyone who uses the Website) (Users)
- Part B: These Terms apply when we provide Services (Customers)
- Part C: These Terms include liability clauses, warranties and interpretation provisions, and apply at all times to all Users and Customers
Please let us know if you have any questions about these Terms, and don’t continue using this Website or our Services unless you have read and agree to these Terms.
We've also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
YOUR KEY INFORMATION
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your services, in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used.
The Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
- if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;
- if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully
Greener Globe Funeral Awards is a certification auditing service, and we provide our Website and Services ‘as is’.
- (No guarantee of Certification) Subscription Fees are payable in exchange for us assessing your application for Certification, and nothing in these Terms (including our receipt of Subscription Fees) will constitute any form of guarantee that you will receive a Certification.
- (General Information) Any information provided on the Website is provided to you as general information only, and it is not adapted to your specific circumstances and it may not meet your specific needs, including information that is provided by us:
- on the Website; or
- provided by our personnel via any other website, via email or over the phone, or otherwise as part of the Services.
- (No guaranteed outcomes) We make no representation or guarantee that any of our Services will be useful or relevant to you or that by applying any ideas, certification, recommendations or techniques in the Services you will achieve any particular outcomes.
Part A - For When You Use the Website…
These Terms set out the terms and conditions that apply when you use the Services.
By clicking the tick box that indicates your agreement to these Terms, by using the Services or a Subscription, or otherwise engaging with the content on the Services, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us (including on behalf of the company you represent) and you agree to be bound by these Terms.
Please have a careful read through these Terms before using the Website or the Services. If you don't agree to these Terms, please don't use the Website or the Services.
We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the Services after we modify our Terms:
- you'll be taken to have agreed to the Terms as modified; and
- you’ll be taken to have affirmed each of your previous agreements to the Terms (in the forms the Terms took at the time of those previous agreements).
2. YOUR SUBSCRIPTION
- Your Subscription includes the benefits and limitations set out on our Website for your Subscription Tier (including your application to the referable level of Certification), or as otherwise communicated to you when you subscribe for your Subscription (as amended from time to time by notice to you).
- As part of registering for, and your continued use of, your Subscription, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, photos and video, audio files, profile information, payment details, verified identifications, verified certifications and authentication, and other information as determined by us from time to time. You warrant that any information you give to us in the course of completing the Subscription registration process is accurate, honest, correct and up to date.
3. SUBSCRIPTION FEES AND PAYMENT
- (Subscription Fee) After any free trial that is offered as part of your Subscription Tier (Free Trial), you must pay fees to us in the amounts and at the times specified in the pricing section of the Website for your Subscription Tier, or as otherwise agreed in writing with us (Subscription Fees).
- (No refunds for change of mind) All Subscription Fees must be paid in advance (if any) and are non-refundable for change of mind. Please let us know if you have any issues with our Services that you think should entitle you to a refund and we'll consider your situation.
- (No refunds if Certification isn’t granted) The Subscription Fees are payable in consideration for our assessment of your application and Questionnaire, and our receipt of the Subscription Fees does not require us to grant any Certification. If your application for a Certification fails, you will be able to reapply for Certification within the Subscription Period (after making changes based on our feedback).
- (When Subscription Fees are due) Unless otherwise agreed in writing, the Subscription Fees are due and payable on an annual basis, or as otherwise set out in the details of your Subscription Tier (Subscription Period), with the first payment being due on the first day in the Subscription Period, or if your Subscription Tier includes a Free Trial, then on the date immediately following that Free Trial. No payments will be due during any Free Trial.
- (Late payments) If Subscription Fees for your Subscription are not paid when they are due, we may suspend all or part of any Services, and suspend your access to all or part of your Greener Globe Funeral Awards Account and Subscription, until we receive the outstanding Subscription Fees.
- (Automatic Recurring Billing) Your Subscription will continue to renew after the end of each Subscription Period, indefinitely, and you must pay Subscription Fees in respect of each Subscription Period in advance, unless you notify us in accordance with clause 4.2 that you want to cancel your Subscription. Otherwise, we will continue to debit the Subscription Fees from your account at the beginning of each Subscription Period. We will not pay any charge back amount if you fail to cancel your Subscription in accordance with this clause. By choosing a recurring payment Subscription Tier, you acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Subscription. We may submit periodic charges for the Subscription Fees without further authorisation from you, until you provide prior written notice (receipt of which is confirmed by us) that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorisation or change your payment method, please contact us via our Website.
- (VAT) Unless otherwise indicated, the Subscription Fees do not include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us providing a tax invoice.
- (Changes to Subscription Fees) We reserve the right, from time to time, to change the Subscription Fees. We will notify you in advance if we do this.
4. UPGRADES, DOWNGRADES AND CANCELLATION OF YOUR SUBSCRIPTION
4.1 UPGRADES AND DOWNGRADES
- You may notify us that you would like to upgrade or downgrade your Subscription Tier at any time. If you do, we will:
- take reasonable steps to provide you with access to the new Subscription Tier in the next annual billing cycle; and
- upon providing such access, apply the new, relevant Subscription Fees, in the annual billing cycle immediately following the year in which your access to the new Subscription Tier was provided, and you will be charged at the new Subscription Fee in that subsequent year.
- These Terms will be taken to be amended in accordance with any changes agreed in accordance with clause 4.1(a).
- If you choose to downgrade your Subscription, you acknowledge and agree that we are not liable for, and you release us for all claims arising in connection with, any loss of content, features or capacity in relation to a downgrade in your Subscription.
- You may cancel your Subscription by written notice to us, using the functionality of the Website. Your Subscription will end:
- if you cancel during a Free Trial, at the end of the free trial; or
- if you haven’t cancelled during a Free Trial, at the end of the annual billing cycle immediately following the year in which we receive a cancellation notice from you, and you will be charged for the current annual billing cycle before your cancellation will be effective.
- If you cancel your Subscription under clause 4.2, your Account and licence to use the Website, and licence to use the relevant Certification under these Terms will last for the remainder of the current annual billing cycle, to ensure you have an opportunity to retrieve all data you may need from your Account, and once that period ends:
- we will have no responsibility to store or otherwise retain any data, and you release us in respect of any loss or damage which may arise out of us not retaining any data beyond that point;
- your access to the Website will be revoked; and
- you must not use or display the relevant Certification, or hold yourself out as possessing the Certification to any person.
5. ACCOUNT REGISTRATION
In order to use the Services and/or to use your Subscription, you may be required to sign up for an account (Greener Globe Funeral Awards Account).
As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
When you register for a Greener Globe Funeral Awards Account, you warrant that any information you give to us is true, accurate and complete information as requested and keep this information up to date after registration.
You agree that you're solely responsible for:
- maintaining the confidentiality and security of your Greener Globe Funeral Awards Account information and your password; and
- any activities and those of any third party that occur through your Greener Globe Funeral Awards Account, whether those activities have been authorised by you or not.
You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Greener Globe Funeral Awards Account information or your password.
We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these Terms.
6. ACCEPTABLE USE
We'll need you to make a few promises about the way you'll use the Services and the Website.
- that we may change any features of the Website or Services offered through the Website at any time without notice to you;
- that information given to you through the Website, by us or any other User, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information;
- not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
- to not share your Greener Globe Funeral Awards Account with any other person and that any use of your Greener Globe Funeral Awards Account by any other person is strictly prohibited. You must immediately notify us of any unauthorised use of your Greener Globe Funeral Awards Account, password or email, or any other breach or potential breach of the Website’s security;
- to not use the Website for any purpose other than for the purpose of receiving the Services, including:
- you must not use the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity; and
- you must not use the Website in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by us;
- not to act in any way that may harm the reputation of Greener Globe Funeral Awards or associated or interested parties or do anything at all contrary to the interests of Greener Globe Funeral Awards or the Website;
- not to use a VPN or any other technology to misrepresent your geographical location to the Website, or otherwise circumvent the limitations of any Subscription Tier;
- not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;
- not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
- not to make any automated use of the Website;
- not to attempt to breach the security of the Services or Greener Globe Funeral Awards’ system security, or otherwise interfere with the normal function of the Services, including by:
- gaining unauthorised access to Greener Globe Funeral Awards Accounts or data about other users of the Services;
- scanning, probing or testing the Services for security vulnerabilities;
- overload, flood, mailbomb, crash or submit a virus to the Services or Greener Globe Funeral Awards’ system; or
- instigate or participate in a denial-of-service attack against the Services or Greener Globe Funeral Awards’ system;
- to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Services comply with these Terms; and
- that we may cancel your Greener Globe Funeral Awards Account at any time, including if we consider, in our absolute discretion, that you are in breach or are likely to breach this clause 6.
7. YOUR CONTENT
7.1 TYPES OF CONTENT
As part of using the Services, you may upload images, content, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by using the features of the Website, sharing content via the Website on social media or by contacting us, or when you register a Greener Globe Funeral Awards Account (Posted Materials).
7.2 POSTED MATERIALS
By providing or posting any Posted Materials, you represent and warrant that:
- you are authorised to provide the Posted Materials;
- the Posted Materials are free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;
- the Posted Materials are not "passing off" of any product or service and does not constitute unfair competition;
- the Posted Materials do not infringe any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of these Terms (Intellectual Property Rights);
- the Posted Materials are accurate, true and complete at the time they are provided;
- any Posted Materials which are in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
- the Posted Materials do not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
- the Posted Materials do not breach or infringe any applicable laws, regulations or orders.
7.3 POSTED MATERIALS – IP LICENCE
By uploading any Posted Materials, you grant to Greener Globe Funeral Awards (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for Greener Globe Funeral Awards to use, exploit or otherwise enjoy the benefit of such Posted Material.
7.4 REMOVAL OF POSTED MATERIALS
We don't have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.
8. OUR CONTENT
Unless we indicate otherwise, all materials used in the Website and Services (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.
You can only access and use these materials for the sole purpose of enabling you to use the Website and Services in accordance with your Subscription Tier, except to the extent permitted by law or where you have received prior written approval from us.
We make no representation or guarantee that any of our Services will be useful or relevant to you or that by applying any ideas, recommendations or techniques in the Services you will achieve any particular outcomes. Many factors will be important in determining any actual results and there is no guarantee that you will achieve results similar to any other person who has used any of our Services. We are not responsible for any of your actions, and any ideas, recommendations or techniques implemented by you are done so at your own risk.
9. IDENTITY VERIFICATION
- (Verification) We may offer or require Users to verify their details using our processes or an external identity verification service, as applicable (Verification Service).
- we may contact and share your personal information with a Verification Service to verify your details;
- you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
- (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Website.
- (Warranty and Indemnity) You acknowledge and agree that:
- we are reliant on the information provided by the Verification Service to verify Users’ identities and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
- you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
- we do not endorse any User or Verification Service.
10. THIRD PARTIES
10.1 THIRD PARTY CONTENT
The Services may contain text, images, data and other content provided by a third party (Third Party Content). We're not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
10.2 THIRD PARTY LINKS
The Services may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
10.3 THIRD PARTY TERMS
- You agree to any Third Party Terms applicable to any goods and services supplied by a third party that we or you acquire as part of the Services and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
- Without limiting any part of clause 10.3, we will take reasonable steps to notify you of Third Party Terms.
11. SERVICE LIMITATIONS
The Services are made available to you strictly on an 'as is' basis. We can't guarantee, and make no warranties, to the extent permitted by law, that:
- the Services will be free from errors or defects;
- the Services will be accessible or available at all times;
- messages sent through the Services will be delivered promptly, or delivered at all;
- information you receive or supply through the Services will be secure or confidential; or
- any information provided through the Services is accurate or true.
We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the Services. You should take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
13. ACCOUNT CANCELLATION
13.1 CANCELLATION BY YOU
You are responsible for the cancellation of your Greener Globe Funeral Awards Account. You can cancel your Greener Globe Funeral Awards Account at any time on one (1) month’s notice by using the functionality provided in the Website. If you cancel under this clause, you will not receive any refund of Subscription Fees that you have already paid.
13.2 CANCELLATION BY US
To the extent permitted by law, we reserve the right to terminate your access to any or all of the Services or any part of the Services at any time without notice, for any reason, provided we refund to you any Subscription Fees for Services which you have paid for and not received.
We may also terminate your access to any or all of the Services at any time without notice without issuing a refund if you breach any provision of these Terms.
13.3 EFFECT OF CANCELLATION
Upon cancellation, termination or expiry of your Greener Globe Funeral Awards Account, we will delete any Posted Materials associated with your Greener Globe Funeral Awards Account. You won't be able to recover any of this after cancellation, termination or expiry of your Greener Globe Funeral Awards Account so we recommend you back up anything important to you. We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Greener Globe Funeral Awards Account.
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.
14. DATA & PRIVACY
14.2 DATA PROTECTION
- Words and phrases in this section shall have the meaning given to them by applicable data protection and privacy laws, including the General Data Protection Regulation 2016/679 (GDPR) and applicable national legislation that implements or supplements the GDPR or otherwise applies to data protection and privacy, and any statutory instrument, order, rule or regulation made thereunder, as from time to time amended, extended, re-enacted or consolidated (Data Protection Legislation) and the terms “controller”, “processor”, “process” and “personal data” shall have the meanings given to those terms in such Data Protection Legislation.
- During and after the delivery of the Services, the User agrees that Greener Globe Funeral Awards will be processing personal data for its own purposes and as such will be a controller under the Data Protection Legislation and this includes (but is not limited to) the following purposes:
- Greener Globe Funeral Awards providing Services;
- Greener Globe Funeral Awards and/or our independent contractors and third party suppliers may use your contact details and that of your representatives to send marketing materials or other publications;
- Greener Globe Funeral Awards may process personal data concerning its other clients and contacts in other ways for its own business purposes;
- Greener Globe Funeral Awards may process and transfer personal data as necessary to effect a re-organisation of its business; and
- Greener Globe Funeral Awards may share personal data with other legal or professional advisers.
- During and after the delivery of Services, there may be limited occasions where Greener Globe Funeral Awards may process on your behalf as a processor any personal data you have provided to us. Greener Globe Funeral Awards will advise you in writing where we believe we may act as a processor and any such processing shall be in accordance with, and subject to, your instructions.
- Before performing the processing, Greener Globe Funeral Awards shall document within the instructions the subject matter and duration of the processing, the nature and purpose of the processing, the types of personal data and categories of data subjects and the other terms prescribed by the Data Protection Legislation. Greener Globe Funeral Awards will ensure that all appropriate technical and organisational measures are taken to protect any personal data supplied by you to us against unauthorised or unlawful processing, accidental loss, destruction or damage, including when we subcontract any processing (for example, in the case of external storage of data).
- You instructions are taken to include the use by us, where appropriate, of independent contractors and third party suppliers appointed by us for functions such as data and file storage, back-up, destruction, billing, debt collection, legal processing and the like, in accordance with the foregoing.
- By accepting this agreement you gives positive consent for Greener Globe Funeral Awards to obtain, store and process information about you as described in the preceding paragraphs. You agree that where necessary you will have satisfied relevant statutory ground under the Data Protection Legislation in connection with the above-described categories of processing, before providing Greener Globe Funeral Awards with personal data. It is also a term of this agreement that any personal data supplied by us to you about our employees/independent contractors and/or any third parties may only be used for the express purposes for which that information is provided to you.
- Each party shall comply with the terms of the Data Protection Legislation.
14.3 THIRD PARTY DATA
- You warrant, in relation to the personal information and all other data that it provides to us in connection with these Terms (Third Party Data), that:
- you have all necessary rights in relation to Third Party Data, such that the Services can be performed in respect of that data;
- you are not breaching any law by providing us with Third Party Data;
- we will not breach any law by performing the Services in relation to any Third Party Data;
- there are no restrictions placed on the use of the Third Party Data (including by any Third Party Terms) and if there are any such restrictions, you have notified us of this, and we have agreed to perform the Services in respect of that data (being under no obligation to do so); and
- we will not breach any Third Party Terms by performing the Services in relation to any Third Party Data.
- You agree at all times to indemnify and hold harmless Greener Globe Funeral Awards and its officers, employees and agents from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those parties, where such loss or liability was caused or contributed to a breach of a warranty in clause 14.3.
- If either you or us claim that a dispute has arisen under or in connection with these Terms, either party must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
- A party that requires resolution of a dispute which arises under or in connection with these Terms must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
- Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
Part B - Services
By submitting an order for purchase of a Service using the Website's functionality (Order) you represent and confirm that you:
- have the legal capacity and are of sufficient age to enter into a binding contract with us; and
- are authorised to use the debit or credit card included in your Order.
Submitting an Order constitutes your intention and offer to enter into a contract, where we will provide you with the Services you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.
- In consideration for the Subscription Fees, we will assess your application for the relevant Certification.
- The requirements for each level of Certification are set out on our Website, and each Subscription Tier includes an application for a certain level of Certification. We reserve the right to change the requirements for any level of Certification at any time, on written notice to you.
- We may suspend, reject or withdraw an application for Certification (or an existing Certification) if:
- you fail to comply with any part of this clause 17, or any other clause in these Terms; or
- if any information, documentation, qualification or other material you have provided to us is, or becomes, inaccurate, incomplete or unsubstantiated, or we reasonably suspect that this is the case.
- As part of submitting an Order, we will provide you with the opportunity to complete a questionnaire regarding your business practices, which will impact your Certification (Questionnaire). You must provide evidence to substantiate your responses to the questions in the Questionnaire, where indicated on the Website.
- Accepting a Questionnaire does not constitute our agreement to provide a Certification.
- You warrant that all the information and evidence you provide to us in connection with the Questionnaire is complete, accurate and up-to-date and you indemnify us in relation to any liability for loss or damage that may arise in connection with any such information or evidence being inaccurate, incomplete or not up-to-date.
17.3 QUALIFICATIONS AND LICENCES
- If in your correspondence with us, anywhere on your Account or in connection with the Services, you hold yourself out to possess certain licences or qualifications (Licences or Qualifications), you warrant to us that:
- you do hold such Licences or Qualifications;
- you will maintain such Licences or Qualifications for as long as you hold any Certification or have a Subscription;
- if requested, you will promptly provide us with evidence of the Licences or Qualifications; and
- you will comply with all the terms and responsibilities imposed by the Licences and Qualifications, or those required to maintain the Licences and Qualifications.
- You indemnify us in respect of any loss or damage that may arise in connection with your failure to hold, maintain, or comply with the terms of any Licence or Qualification.
- In order to provide you with a Certification, we will conduct audits of your business, including of your records, business documents, policies and practices (Audits).
- You must promptly comply with all our reasonable directions in connection with Audits, and those made by our subcontractors, who may assist in conducting Audits, including in relation to access, and by providing us with the right documents, information and evidence.
17.5 BRANDING GUIDELINES
- You agree that you must comply with any branding guidelines, documents, policies or other directions relating to the deliverables issued by us from time to time.
- You agree and warrant that you will only use any deliverables, including any certification documents or evidence of a certification that’s been provided to you as part of the Services (Certification):
- for the purposes specified in the Order and will not allow or encourage a third-party to use any such Certification;
- so long as the content of the Certification is true, complete and up-to-date. You must immediately stop using a Certification if you become aware that any part of it is untrue, incomplete or not up-to-date.
- must comply with all reasonable directions notified to it by us regarding the nature, standards, characteristics and quality of any Certification documents or materials;
- must notify us of any suspected or actual infringements in relation to any Certification;
- must not use a Certification in any way which is likely to harm or prejudice our rights or negatively affect our reputation, or the reputation of the Certification;
- must not use a Certification in connection with any unlawful purpose; and
- must not deface, modify, augment or destroy the Certificate.
18. YOUR OBLIGATIONS
- You must provide us with all documentation, information and assistance reasonably required for us to perform the Services. You acknowledge and agree that the provision of the Services is conditional upon you providing us with certain information, documentation and evidence, and if we do not receive this, we may not be able to provide the Services.
- You agree to liaise with us as we reasonably request for the purpose of enabling us to provide the Services.
- You agree to provide us with access to:
- evidence for each piece of information you provide to us as part of the Certification Service process;
- your personnel;
- any premises, or required areas of any premises (Premises) to allow us to provide the Services. You must obtain any authority or approval (including strata or building management approval if applicable) so that we can carry out the Services. You must conduct or facilitate any inductions, training or supervision or other requirements of the Premises so that we have full access to carry out the Services;
- your business records and product and service receipts;
- the documentation, instructions and descriptions provided along with goods and services you’ve purchased; and
- any third party or other accounts you use (including login details and passwords,
- Where we are unable to gain access to the Premises, personnel, records, documentation, information or accounts due to your non-compliance with this clause 18.2, omission, fault or otherwise, it is your responsibility to reschedule any Services and we reserve the right to claim any expenses including travel and lost income and to charge this to you.
18.3 COMPLIANCE WITH LAWS
You agree that you will not, by receiving or requesting the Services, or at any time during the period of a Subscription:
- breach any applicable laws (including any applicable privacy laws); or
- infringe the Intellectual Property Rights or other rights of any third party or breach any duty of confidentiality.
18.4 REVIEW OF SERVICES
If you review and approve of a Service (including any copy, or other written content), then that will constitute acceptance of responsibility for any errors and omissions within that Service. We will use our best efforts to ensure there are no such errors or omissions.
You acknowledge and agree that:
- any information provided to you in connection with the Services is general in nature and may not be suitable for your circumstances; or
- it is your responsibility to comply with applicable laws and regulations relevant to your business.
18.6 CLIENT MATERIALS
- You warrant that all information, documentation and other material it provides to us for the purpose of receiving the Services is complete, accurate and up-to-date.
- You release us from all liability in relation to any loss or damage that may arise in connection with the Services, to the extent it is caused or contributed to by information, documentation or any other material provided by us being incomplete, inaccurate or out-of-date.
- As part of the Order or in the course of us providing the Services, we may agree on a schedule for providing certain Services, including estimated dates of completion, deadlines or schedules (Schedules).
- We will use our best efforts to meet these Schedules, however these are subject to change if unforeseen complexities arise. In these cases, we will use our best efforts to minimise the impact of such changes.
- We reserve the right to revise Schedules in the event that the delay is caused by your failure to provide timely feedback or other information reasonably requested by us in order to perform the Services.
We may subcontract any aspect of providing the Services and you hereby consent to such subcontracting (including auditing services).
Part C - Liability And Other Legal Terms…
To the maximum extent permitted by applicable law, Greener Globe Funeral Awards limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Website or any products or services provided by Greener Globe Funeral Awards to the greater of (this includes in relation to the transmission of any computer virus):
- £100 (GBP);
- the total fees paid to us by you in the 6 months preceding the first event giving rise to the relevant liability.
All express or implied representations and warranties in relation to the Website and the associated Services performed by Greener Globe Funeral Awards are, to the maximum extent permitted by applicable law, excluded.
(Indemnity) You indemnify Greener Globe Funeral Awards and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
- breach of any of these Terms;
- use of the Website or the Website; or
- use of any goods or services provided by Greener Globe Funeral Awards.
(Consequential loss) To the maximum extent permitted by law, under no circumstances will Greener Globe Funeral Awards be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website or Website, these Terms or any products or services provided by Greener Globe Funeral Awards (except to the extent this liability cannot be excluded under law).
Nothing in these Terms will exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.
22. FORCE MAJEURE
- We will not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure arises out of a Force Majeure Event.
- If a Force Majeure Event occurs, we will use reasonable endeavours to notify you of:
- reasonable details of the Force Majeure Event; and
- so far as is known, the probable extent to which we will be unable to perform or be delayed in performing our obligations under these Terms.
- Subject to compliance with clause 22(b), our relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
- For the purposes of this agreement, a ‘Force Majeure Event’ means any:
- act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
- strikes or other industrial action outside of the control of us; or
- war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
- any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of us, to the extent it affects our ability to perform our obligations.
- A notice or other communication to a party under this agreement must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
- Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
- 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
- when replied to by the other party,
24.1 GOVERNING LAW AND JURISDICTION
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
24.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
24.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
24.8 THIRD PARTY RIGHTS
Except as expressly provided for in this sentence, a person who is not a party to these Terms shall not have any rights under the Agreements (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Terms.
- (singular and plural) words in the singular includes the plural (and vice versa);
- (currency) a reference to £, or “pound”, is to pound sterling (GBP), unless otherwise agreed in writing;
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word "includes" and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.