Funeral Director Terms and Conditions

Revised July 2023

Memory Giving was developed in 2010 by a seventh-generation family-owned funeral business that has extensive experience in managing in memory donations. Since inception, we have aimed to improve on the traditional funeral director managed cash and cheque collection process through the development of a secure online platform that can be integrated into any funeral director website, to enhance the service and care each bereaved family experience. Unlimited collection pages can be created by funeral directors or directly by families when a funeral director does not support online giving. Any UK charity or charitable beneficiary can be chosen by the family.

We aim to enhance the gifting experience by allowing donors to leave a message of sympathy and share their grief in recognition that the act of giving in memory is centred around their personal sympathy and loss and not necessarily the selected charity. As Memory Giving completes all Gift Aid claims directly with HMRC, donor details are not passed to the charity.

We aim to benefit charities by making it easy to access funeral director managed collections; we rapidly transfer all funds and automatically claim Gift Aid (where possible, which is then paid in full directly by HMRC) and offer access to simple reporting allowing acknowledge of the gift to the bereaved family.

The cost to maintain and operate the service comes from a 5% commission on donations.

Charities and Funeral Directors are not charged to use this service.

TERMS AND CONDITIONS

These are the terms and conditions (“Terms”) on which we provide the Website and Services to you in your capacity as a Funeral Director or Funeral Management Software Suppliers. If you are a donor please refer to the Donor Terms and if you are charity please refer to the Charity Terms.

We may update these Terms from time to time. It is your responsibility to review these Terms wherever you access the Website. The latest version of these Terms will govern any future usage by you of the Website and Services.

1. ABOUT MEMORY GIVING
   1. The website at domain www.memorygiving.com ("Website") is a website operated by Purple Patch Management Limited, registered in England and Wales under company number 07445937 with its registered office at 36 Eldon Road, Reading, RG1 4DL and trading as Memory Giving ( “MG” “we”, “us” or “our”).
   2. If users of the Website (“you”, “your” or “yourself”) have any questions about these Terms or any problems accessing or using the Website or any of its contents please contact theteam@memorygiving.com.
2. WEBSITE TERMS
   1. These Terms inform you of the terms of use of browsing the Website and accessing the content and services provided to you by us on or from the Website (collectively the “Service”).
   2. Your legal agreement with us is made up of:
      1. these Terms; and
      2. our Privacy Policy, which sets out the terms on which we process any information collected about you from, and the cookies we use on, the Website. By using the Service, you consent to such processing, and you warrant that all information provided by you is accurate.
   3. The Service is provided to you for your Funeral Business use subject to these Terms. By using the Service, you accept these Terms. If you do not agree to be bound by these Terms, do not continue to access the Website or use the Service.
   4. The Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
3. OFFERING DONATIONS USING OUR WEBSITE
   1. To use our service, a Funeral Business must be registered which incurs no charge to register of access our website services including the creation of unlimited fund pages.
   2. Our Website allows the creation of specific pages on the Website to facilitate charity donations in memory of a deceased person (each a “Fund Page” or “Collection Page”).
   3. Donors may access a Fund Page to make donations to a specific charity or charitable organisation (the “Recipient”).
   4. Each Fund Page will accept donations for a default period of 6 weeks (although this can be reduced to 4 weeks or increased to 8 weeks if desired) from the date the page goes live and the closure date of the page will be displayed on the Fund Page.
   5. The online payment process is outsourced to a third party and donors may make donations by using credit cards and debit cards. We cannot accept payment by cash or cheque. Funeral Directors can continue to collect donations by cash and cheque, adding them to the page according to the policy of the Funeral Director.
   6. The details of the donation including the amount and the Recipient will be displayed to donors before the payment is processed. They must ensure that they check these details carefully and make any corrections using the on-screen directions before proceeding to finalise their payment.
   7. As soon as they confirm to us via the Website that they wish to proceed with a donation we will process the transaction by requesting funds from the credit or debit card provider. Once the credit or debit card provider approves the transaction and we have received clear funds we will allocate these to the appropriate Recipient.
4. INFORMATION WE NEED FROM DONORS
   1. To allow us to process a donation, donors must provide us with the following information:
      1. name, and email address; and
      2. details of the credit or debit card that they will be using to make the donation.
      3. No donor payment details, email address or address (see 6.6) will be passed to the charity.
5. OUR FEES
   1. We do not charge Funeral Directors for using our Website and/or Service and Recipients do not pay a fee to register with us.
   2. Instead we deduct a small amount from each donation to cover the cost of providing the Website.
   3. We will deduct from your donation:
      1. our fee of 5%; and
      2. a transaction fee related to the credit card type of typically 0.9% dependent on the transaction charges levied on the payment card type.
   4. We do not charge an administration fee for collection of Gift Aid on behalf of the Recipient and there are no deductions from the Gift Aid amount which is paid in its entirety directly by HMRC to the charity concerned.
6. 6GIFT AID
   1. Each Registered Recipient has authorised us to collect donations and, where permissible, reclaim Gift Aid for them as agents under the Gift Aid Scheme.
   2. Donating through Gift Aid means that the Recipient (or an agent on their behalf) can claim an extra 25p for every £1 given with no extra cost.
   3. To boost the value of the donation we submit a claim to HMRC to claim Gift Aid on each individual donation. To do so, we require donors to confirm during the process of making a donation through an HMRC approved declaration that they are:
      1. a UK taxpayer;
      2. eligible for Gift Aid; and
      3. authorising us to collect Gift Aid on their behalf.
   4. It is the donors responsibility to decide whether or not they are eligible for Gift Aid and if in doubt we recommend they check with HMRC.
   5. A Recipient that has registered with MG for Gift Aid collection has a contractual agreement with us authorising us to reclaim Gift Aid on its behalf where they have registered and/or are eligible to receive Gift Aid with the HMRC.
   6. Donors will need to supply their first name, last name and home address to facilitate a Gift Aid claim.
7. USE OF DONATIONS
   1. Donations to each Recipient will be aggregated from each Fund Page featuring that Recipient and funds will be transferred to each Recipient on a weekly basis. The Gift Aid Claims will be processed by us on a monthly basis.
   2. The use of any donation made is entirely at the discretion of the Recipient chosen to donate to and we do not accept any responsibility for the use or non-use by the Recipient of any donation. It is the donors responsibility to ensure that they understand the stated objective of the Recipient and to satisfy themselves that the Recipient is genuine and suitable to receive your donation. It is the Funeral Director’s responsibility to ensure the correct charity is selected when the page is created. Once donations have been received for any recipient, they cannot be transferred to an alternative recipient.
   3. We cannot guarantee that donations will be earmarked for any particular appeal or specific purpose. If a collection is intended for a specific use by a Recipient, the Funeral Director or family concerned should contact the Recipient directly to arrange this on behalf of the family.
8. REFUNDS
   1. If a donor has changed their mind about a donation and wish to get a refund, they must contact us by e-mail theteam@memorygiving.com within 24 hours of making the donation.
   2. We will not be able to process any requests for refunds received after 24 hours as all donations are processed as soon as possible. Donors will not be entitled to receive any proportion of any sum of Gift Aid in relation to their donation.
   3. If you become aware of fraudulent use of payment details, or if a donor card is reported lost or stolen, the card holder must notify their card provider immediately.
   4. We will never contact any donor or funeral director by phone or email asking you to provide payment details.
9. ACCESSING OUR WEBSITE AND FUNERAL DIRECTOR OR CHARITY DATABASE
   1. Access to our Website and use of our Service is permitted on a temporary basis, and we do not guarantee that either will always be available or uninterrupted. We may suspend, withdraw or change all or any part of the Website or Service without notice. We will not be liable if for any reason the Service or any part of it is unavailable at any time or for any period.
   2. You are responsible for making all arrangements necessary for you to have access to the Website and/or Service. You are also responsible for ensuring that all persons who access the Website and/or Service through your internet connection are aware of these Terms and that they comply with them.
   3. Anyone under the age of 16 years old must obtain the permission of a parent or guardian to use the Website for the purposes of donating.
   4. Whilst every effort is taken to ensure our Website is secure, the internet is not a secure medium and privacy cannot be assured. We therefore do not accept responsibility for any harm or damage you may experience or incur by sending personal or confidential information over the internet or if we send you such information at your request.
   5. We do not guarantee that our Website will be secure or free from bugs or viruses.
   6. Information contained in the charity or Funeral Director database cannot be copied or re-used to populate a parallel database within any Funeral Management Software or for any other purpose without express permission as this database is constantly updated and maintained by Memory Giving and any copy infringes the Terms of this agreement.
10. ACCEPTABLE USE OF OUR WEBSITE
    1. Your permitted access to and use of the Website and Service is governed by the following conditions:
       1. You agree that you will comply these Terms at all times while using our Website and/or Service.
       2. You agree that failure to comply with these Terms will constitute a breach of these Terms, which may result in us terminating or suspending your access to the Website and/or Service.
       3. You acknowledge and agree that we reserve the right to remove any content, in whole or in part, that violates these Terms, or for any other reason at our sole discretion.
       4. You can flag this to us at theteam@memorygiving.com by emailing us about content that appears to violate these Terms.
       5. Funeral directors and Funeral Software Developers can link their own site or use our supplied API or plug in to operate the website and functionality through their website or software, for no fee, to create unlimited fund pages and promote donations on their website or through social media.
       6. The Funeral Director accepts that Memory Giving will pass next of kin contact information to the Recipient Charity for the express purpose of acknowledgement of the donation. Memory Giving does not pass individual donor information to Funeral Directors or Charities except the information shown on the Fund Page.
    2. You acknowledge and agree that:
       1. you must ensure that your use of the Website and/or Service and any content you place on the Website is lawful, ethical and respectful of the legal rights and interests of other people and in accordance with these Terms and not in any way be defamatory, abusive or offensive;
       2. your use of the Website and/or Service will not break any law or encourage any illegal act;
       3. you will not infringe the copyright, privacy, confidentiality or other right of any other person or organisation, or assist any person to infringe the rights of another. If you use someone else’s personal information, image or material you must make sure you have their permission first;
       4. you will not access content through any technology or means other than the facilities provided by the Website and/or Service and for any reason other than your personal, non-commercial use as intended and permitted by us;
       5. you will not introduce any viruses, worms, trojan horse, logic bombs or other similar destructive code or malicious material to the Website. You must not attempt to gain unauthorised access to the Website, the servers on which it is stored or any server, computer or database connected to the Website, nor attack the Website using a denial of service attack or a distributed denial of service attack;
       6. you will not use the Service for the promotion, organisation or facilitation of acts that may be harmful to other people, including, but without limitation, acts of terrorism, bullying, and/or physical or sexual abuse or violence;
       7. you will notify us as soon as you become aware of any offensive or inappropriate content that is on our Website or accessible via our Website through a link to a third party website or resources by using the flagging capabilities on our Website.
11. INTELLECTUAL PROPERTY
    1. We are the owner or licensee of all intellectual property rights of the Website and Service and all design, text, pictures, graphics (and the selection and arrangement of them), software compilations, coding, underlying source code, software and all such materials forming part of the Website, excluding any Third Party Content as defined in paragraph 12.3 (“Our Content”).
    2. You may print off one copy, and may download extracts, of any page(s) from our Website which you are entitled to access for your personal, non-commercial reference and you may draw the attention of others within your organisation to material posted on our Website. You must keep intact all and any copyright and proprietary notices.
    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
    5. You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or from our licensors.
    6. If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
    7. You hereby grant us a royalty-free perpetual irrevocable non-exclusive licence to use any intellectual property rights in your name, brand and logo solely for the purpose of performing the Services pursuant to these Terms.
12. THIRD PARTY WEBSITES
    1. Where our Website contains links to other sites and resources provided by third parties these links are provided for your information only (Third Party Websites).
    2. We have no control over the content of Third Party Websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing Third Party Websites via our Website we advise you check the terms of use and privacy policies of the Third Party Websites to ensure compliance and determine how they may use your information.
    3. The copyright, trade mark rights and all other intellectual property rights in any materials or content forming part of any Third Party Websites belongs solely to the third party owners of the site or their licensors (Third Party Content). Such Third Party Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited without the prior written consent of the owner of the Third Party Website or terms of use of that Third Party Website.
13. EXCLUSION OF WARRANTIES
    1. Nothing in these Terms shall affect any statutory rights that you are entitled to and that you cannot contractually agree to waive or alter.
    2. We provide the Website and Services on an “as is” basis, and we make no representation or warranty to you in respect to them, in particular, we do not warrant or represent that:
       1. your use of the Website and/or Service will be uninterrupted, secure, timely or free of error;
       2. any information obtained by you as a result of using the Service will be reliable, complete, accurate or up-to-date; or
       3. your use of the Service will fulfil your expectations or requirements.
    3. The content on our Website is provided for general information only. 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 Website.
14. LIMITATION OF LIABILITY
    1. By agreeing to these Terms, you accept that you use our Website and/or Service at your own risk. To the full extent permitted by law we are not liable for any loss or damage caused to you through use of our Website and/or Service.
    2. We shall only be liable for direct losses which are reasonably foreseeable and caused by our material breach of negligence.
    3. We shall have no liability for defective Services where the defect has been caused or contributed to by you to the extent so contributed.
    4. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy.
    5. All warranties, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law.
    6. We shall have no liability for any:
       1. loss of profits;
       2. loss of sales or business;
       3. loss of agreements or contracts;
       4. loss of anticipated savings;
       5. loss of use or corruption of software, data or information;
       6. loss of or damage to goodwill;
       7. indirect or consequential loss;
       8. wasted expenditure;
       9. aggravated, punitive and/or exemplary damages;
       10. consequential losses and/or indirect losses; and/or
       11. security breach by any third party in relation to any communications network.
    7. Nothing in these Terms limits any liability which cannot legally be limited, including but not limited to liability for:
       1. death or personal injury caused by negligence;
       2. fraud or fraudulent misrepresentation; and
       3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
    8. Subject to the foregoing provisions as to liability, our liability for all losses, expenses, costs, fees or charges arising out of or in relation to this Website and our Services are limited to the sum of £10,000 per claim.
15. LINKING TO THE WEBSITE
    1. Funeral Directors may link to our home page from the relevant page of your company website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    2. You must not establish a link from any domain name and website that is not owned by you.
    3. Our Website must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy set out above.
    4. If you wish to make any use of material on our Website other than that set out above, please address your request to theteam@memorygiving.com.
    5. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
16. CHANGES TO THE WEBSITE
    1. We may update the Website and/or Services at any time, and may change the content at any time. Please note that any of the content on the Website may be out of date at any given time and we are under no obligation to update it.
    2. We reserve the right to modify, suspend or discontinue all or any part of the Website and/or Services at any time with or without notice.
17. GENERAL
    1. You may not transfer any of your rights under these Terms to any other business or person. We may transfer our rights under these Terms to another business or person where we reasonably believe your rights will not be affected.
    2. If you breach these Terms and we choose not to take immediate action, such inaction shall not constitute a waiver of our rights and remedies and we will still be entitled to use such rights and remedies at a later date or in any other situation where you breach the Terms.
    3. A person who is not a party to these Terms has no right to enforce any term of these Terms.
    4. Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under the Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.
    5. We reserve the right to vary these Terms from time to time and these will be published on the website.
    6. If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
    7. These Terms are subject to the laws of England and Wales and both of us agree to the non-exclusive jurisdiction of the courts of England and Wales.
    8. Purple Patch Management Limited is the owner of all rights in the trade mark and the logo “Memory Giving”. You may not use or authorise others to use the mark and/or the logo without our prior express and written consent.
    9. If you have any concerns about material which appears on our Website or other queries, please contact us at: theteam@memorygiving.com.
18. REGISTERING ON THE WEBSITE
    1. As a Funeral Director, you will not be able to create a Fund Page unless you register with our Website. Your registration details must not be passed to any client or a family member or friend of the deceased whose fund page you create.
    2. Once you have registered, you can set up additional user accounts under your registration. It is your responsibility to ensure that each authorised user has read and complies with these Terms.
    3. Security of log in information is your responsibility and we request that every effort is given to maintain secure access to your log in area.
19. CREATING A FUND PAGE
    1. In order to create a Fund Page, you will need to provide us with the following information:
       1. the deceased person’s name, date of death, you may also provide us with a photograph of the deceased if the next of kin has provided you with one for use on the Fund Page;
       2. the name and address of the next of kin of the deceased (which will not be visible on the Website or disclosed to other users but will be passed to the charity concerned to enable them to acknowledge the fundraising if permission is granted to do so in the page creation process checkbox).
    2. You will be required to select the charity or charitable organisation chosen to be the Recipient. It is your responsibility to ensure you have selected the correct recipient as instructed by your client in memory of the deceased and we shall not be liable if you have selected the wrong charity or charitable organisation when creating a Fund Page.
    3. If the desired charity is not on the available list currently shown on this Website, please follow the “request charity / beneficiary” process, details of which will be sent to you via email along with your individual log in and password.
    4. A Fund Page will not go live before you have confirmed that all information on the draft Fund Page is accurate. Once it is live, a Fund Page will show the following:
       1. the logo and contact details of the relevant funeral director;
       2. the name of the deceased and the deceased’s photograph if the deceased’s next of kin has provided one to you for the purpose of including on the Website; and
       3. the Donor’s name, message and value of the donation (unless the Donor chooses to keep this information anonymous).
    5. Each Fund Page will be able to accept donations for an initial period of six weeks from the date that the Fund Page is made live on the Website. After that, the fund page will remain live but unable to accept donations, unless arrangements have been made to extend the initial period by request to theteam@memorygiving.com .
    6. Where offline donations are listed by Funeral Directors on this platform, you accept responsibility for the accurate inputting of amounts and donor details.