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Always Remembered

Terms of use

Please read these Terms of Use (“Terms”) carefully – by accessing or making any use of AlwaysRemembered.ie, you are agreeing to them. You also agree to our Privacy Policy, which sets out how we deal with AlwaysRemembered.ie users’ personal information and privacy.

  1. Introduction

These Terms set out your rights and obligations, and those of Azolla Digital Limited, trading as AlwaysRemembered.ie (“we” or “us”), in relation to www.AlwaysRemembered.ie (the “Site”) and any goods or services available through, and material of any kind accessible or relating to, the Site or services offered. When we refer to “AlwaysRemembered.ie” in these Terms, we mean us, the Site and/or the Services, according to the context.

You must take the time to read and understand these Terms before using AlwaysRemembered.ie services. By registering with AlwaysRemembered.ie, you accept that you are entering into a contract with us under these Terms. People who register for AlwaysRemembered.ie establish an “Account”, and become “Users” or “ Customers”. Visitors to AlwaysRemembered.ie who do not become Users, but who nevertheless use the Site, affirm that they are bound by these Terms each time they access AlwaysRemembered.ie. You should be aware that these Terms may change from time to time in accordance with Clause 20 below.

  1. Obtaining an Account and providing a Payment Method

If we ask you to provide some information about yourself when you setup a User account (Checkout on AlwaysRemembered.ie), you must ensure that this information is accurate and current. You may keep this information updated through your Account.

Note that we are entitled to treat anything done through a User’s Account, or by means of an email address, phone number or other communications method associated with that Account, as having been done by the User; it is up to the User to maintain the security of his/her Account.

When you place an order for a Product, you will need to supply us with details of a payment method, such as a credit or debit card, (your “Payment Method”) and other personal details so that we may process the order for you. If you elect to store a Payment Method with AlwaysRemembered.ie, that Payment Method – with some of its details masked, for security reasons – will automatically be used; you may, however, be required to provide certain information (such as, but not limited to, a CV2 card security number) in order to proceed with using that stored Payment Method. In the event that you supply or attempt to use an invalid Payment Method, or a Payment Method which has lapsed, an order made using that Payment Method will fail. If we suspect that your Payment Method belongs to someone else or is one which you are not entitled to use, we reserve the right to suspend or terminate your Account at any time.

Important: you must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. So if you change email address, then you must change it on your Account. Should you provide an invalid email address or an email address that belongs to someone else, AlwaysRemembered.ie may terminate your Account at any time without notice.

You must also ensure that the postal address to which we send you Products and communications is kept up-to-date in your Account.

You should not register as a User if you are under 18 years of age.

  1. The Essentials of AlwaysRemembered.ie

AlwaysRemembered.ie allows Users to share digital photographic images and videos (each an “Image”). All Images and videos must meet our Image and video specifications, which may be changed by us from time to time.

As AlwaysRemembered.ie evolves and changes over time, we may add Products or remove Products from our Services. Clause 6 contains the terms of purchase for Products. It is the responsibility of Users to have sufficient web and device usage skills to make use of our Services.

Important: your Image Storage with AlwaysRemembered.ie must not be used as your main or back-up storage facility for your Images. It is up to Users to make sure that their Images are securely stored elsewhere, as we do not guarantee that we will continue to make Image Storage available to you.

We incur a cost in providing you with Image Storage and this cost is included in the overall cost of the Always Remembered Tribute. However, an additional cost may be charged should you require a higher level of images to be included in your tribute.

We use YouTube to host our videos and embed these videos in your tribute/memorial. Therefore these Videos must adhere to YouTube’s terms and conditions that can be found here.  The Videos you provide to us, will be uploaded to YouTube as ‘Unlisted Videos’. An explanation of what ‘Unlisted Videos’ are can be found here – https://support.google.com/youtube/answer/9230970

We guarantee that your tribute and the contents that are contained in your tribute will appear on our website AlwaysRemembered.ie, or alternative domain should this change, for 120 months (10 Years). This will not apply if your site has been removed for User Content issues outlined below.

  1. Your Images

AlwaysRemembered.ie currently do not allow you to access your Images through your Account. All Image additions, deletions or edits, must be submitted to your Always Remembered Account Manager or by emailing support@alwaysremembered.ie.

However, please note that:

  • we will only store images that are visible on the users individual Tribute page. We do not intend or invite Users to store their Images other than for those purposes
  • your Image Storage may be removed if it is later deemed to have a copyright infringement.
  • your Image Storage must comply with our reasonable fair use requirements;
  • in the course of storing your Images, we reserve the right to apply various techniques to make generally accepted improvements to the quality of the Image, such as by:
    • brightness enhancement; and
    • detail enhancement
  • we also reserve the right to make changes to Images which are intended to improve their storability, including:
    • Compression;
    • Size reduction and downscaling; and
    • Format conversion.
  • we strive to retain Images that are of sufficient quality for inclusion in personalised Products, but some loss and modification of detail may be apparent under close examination;
  • we use reasonable commercial endeavours in our provision of Image Storage, but do not provide any guarantees as to the availability, speed of access to or reliability of the storage we provide;
  • our policies concerning the storage of Images and User Content may change from time to time;
  • if an Image does not meet our specifications it may not be able to be used and appear on the tribute with some or all of our Products;
  • we have rules about User Content, and these apply to the content of Images (see Clause 5 below) (“Content Rules”); if you breach our Content Rules, we may – among other things – remove your Tribute, delete all Images associated with that Account, so that they will no longer be accessible; and
  • if we are notified of a claim or allegation that an Image breaches our Content Rules, we may prevent that Image being accessible through AlwaysRemembered.ie or being used in connection with Products.

Note that we may send you postal mail or emails which include one or more of your Images, such as by showing examples of personalised Products which may be of interest to you: by uploading Images, you consent to us doing these things with your Images.

AlwaysRemembered.ie allows you to share your Images with others (your “Guests”) by allowing them to have access to your Images. This sharing can be effected by means we make available from time to time, such as by email to Guests, by sharing on the web or through social media. By sharing Images with Guests:

  • you undertake that you have those Guests’ consent to the sharing of your Images with them;
  • you agree that doing so will not result in an infringement or perceived infringement of our Content Rules; and
  • you acknowledge and agree that Guests – and others with whom they may share the Images – may:
    • purchase Products which include those Images;
    • submit comments about the Images; and
    • notify us if Images infringe our Content Rules.

We are not responsible for the acts or omissions of Guests.

If you request to delete Images from your Tribute, we will promptly remove the Images from your page, but the Images will not be completely erased from our systems; “deep” links which lead directly to the relevant Images may continue to provide access to those Images. Initially we will apply a grace period of at least one month before completely erasing deleted Images from our systems: this grace period is applied in case we are requested by you to recover the Images or if we are asked by a relevant third party to recover them. Once the grace period is ended, we will check if the Images are in use on our systems, as part of a personalised Product or in some other way. If the Images are in use, we will send you an email explaining that the Images are in use and how you can release them to allow them to be erased from our systems. For more information on our Image deletion policies and practices, please contact our customer services team or by email to support@alwaysremembered.ie.

As indicated in Clause 3, you should make sure that your Images and Videos are securely stored elsewhere, as we do not undertake or guarantee to keep your Images and other User Content indefinitely, and we will not be responsible for the loss of, deletion or corruption of Images or any User Content. We do not keep back-up copies of Images and other User Content; we have no liability to you or any User if Images or other User Content become lost or corrupted as a result of any cause (including human error, software or hardware failure, failures of telecommunications or internet services, or events beyond our control).

If we actively decide that we are to cease hosting Images or other User Content, we will give you reasonable advance notice (of at least three months’ duration) to permit you to make alternative arrangements.

 

  1. User Content and Content Rules

Images and other material (including textual annotations to and comments on Images) uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with AlwaysRemembered.ie are treated as “User Content” for the purposes of these Terms. Users must have the right to deal, and the right to authorise us to deal, with their User Content in the ways that they and we use it in connection with the Services or for other purposes referred to in these Terms. You must not provide us with User Content, or otherwise deal with User Content through AlwaysRemembered.ie, if you do not have the right to do so. Each User shall ensure that his/her User Content, and his/her and our use of it, does not:

  • infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image or Video that you provide to AlwaysRemembered.ie or that you are fully licensed by the copyright owner to provide the Image and/or Video and to make any subsequent use of it (such as by including the Image in a Product) or in email and postal communications we send to you);
  • infringe anyone’s privacy or data protection rights; in particular, you must ensure you have the right to depict any person who appears in an Image that you upload to AlwaysRemembered.ie and to authorise the subsequent use of it (such as by including a depiction of that person in a Product or in email and postal communications we send to you);
  • infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
  • contravene any applicable law (including, without limitation, any criminal law) or regulation;
  • include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
  • contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
  • misrepresent the User’s identity in any way or impersonate any person;
  • include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
  • contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
  • harass, upset, embarrass, alarm or annoy any person;
  • give the impression that it emanates from us, if this is not the case;
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
  • infringe our fair use requirements (see Clause 4 above) or otherwise interfere with the proper working of AlwaysRemembered.ie.

The above are our Content Rules.

Although we prohibit Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site. It is possible that Images or other User Content may be accessible through our Site which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such Images or User Content on our Site please contact us at info@alwaysremembered.ie.

We may without notice delete any Image or other User Content which appears to breach our Content Rules, or prevent any use of Services (including purchase of Products) which includes any such Image or User Content.

  1. Terms of purchase for Products and/or Tributes

These terms of purchase apply to:

  • Products which include an Image, QR code or other User Content– this is a “Personalised Product”; and
  • Tributes which include an Image and other User Content that are visible on a URL that appears in AlwaysRemembered.ie – this is a “Tribute”

A contract between a User and AlwaysRemembered.ie for the purchase of a Product/Tribute is created as follows:

  • The User places the order for a Tribute/Product on the Site by pressing an order confirmation button at the end of the checkout process.
  • By confirming your order, you are agreeing to purchase the Tribute/Product you have selected
  • At this point, we take payment for your order by means of your nominated Payment Method.
  • We will send to you a “Thanks for your order” email detailing your order for the Product, and other information we must provide to you.
  • When the Tribute/Product you have ordered is completed and you have requested the item to be shipped to you, we will send you a “dispatch” email

Note that AlwaysRemembered.ie may reject an order in certain circumstances, namely:

  • Your order breaching the requirements of these Terms;
  • The use of Images which infringe the Content Rules;
  • The use of Images which are corrupted, unsupported technically or inadequately pixelated;
  • The Product you order being unavailable;
  • Our inability to obtain authorisation for your payment; or
  • A relevant pricing or Product description error being identified.

If we reject your order, we will contact you to confirm this and reverse the payment you have made for that order.

For orders that are accepted, unless we inform you otherwise in the order process, we will deliver the Tribute/Product you have ordered within 30 days of the order.

Your cancellation right for Non-personalised Products: All the items sold on AlwaysRemembered.ie are personalised and we currently do not sell Non-personalised products.

No right of cancellation for Personalised Products: Note that the right to cancel a contract and return a Product, does not apply to Personalised Products, because they have been made to your specific requirements.  However, for orders of Personalised Products ordered from the Site we allow a 60 minute period during which you can amend your order.

That 60 minutes runs from the appearance of the “Thank you for your order” screen on the Site at the end of the order process; if you wish to avail of this, you must click on the “Amend my order” button on that screen and complete the amendment process within the 60 minute period. After this time, the order enters our production workflow and cannot be changed.

Your statutory rights: In addition to the cancellation rights for Personalised Products (see above), you also have certain statutory rights in respect of both the Personalised and Non-Personalised Products.

These include that if the Product you have purchased is faulty, in that it is not as we describe it, of satisfactory quality or reasonably fit for purpose, then within 30 days of the day of its delivery you may exercise the right to a refund.  And within six months of the date of delivery, and again only where the Product is faulty, you are entitled to a replacement, or a refund.

Products should be returned in (or with) their original packaging by arrangement with our customer support team (see Clause 7)

Delivery: We cannot guarantee that a specific carrier will be used when processing your order. In some cases we may use carriers that offer a comparable delivery service to that which you select. Your order despatch email will state the carrier used.

Please be aware that:

  • If Standard delivery is selected, the order will be estimated to be delivered in 2-3 working days after date of despatch, but this is not guaranteed (untracked)

In the event you have not received your order by our Estimated Delivery Date, note that – without limiting your contractual and statutory rights (as referred to above) – we may need to allow the following time periods before checking on the whereabouts of your Product with the relevant carriers.

  • Standard delivery: 14 working days after date of dispatch.
  • First Class delivery: 10 working days after date of dispatch.
  • Tracked delivery: 3 working days after date of dispatch
  1. Customer Support

You can contact us by emailing Support@alwaysremembered.ie or through our website online chat (during opening hours), by email, and consult our FAQs (any time).

  1. International use of AlwaysRemembered.ie

You must ensure that you comply with the laws that apply to you and your use of AlwaysRemembered.ie, including as to User Content, the Images that may be viewed and the Products that may be bought through AlwaysRemembered.ie. That use may be prohibited or restricted in various jurisdictions.

  1. Closure of Accounts

You may choose to cancel your Account at any time by emailing Support@alwaysremembered.ie.  You may be asked to provide further proof that you are the holder of the Account if you are not the individual that initially set the account up. If your Account is terminated because you have breached this Agreement (including a breach of our Content Rules), we may prohibit you from establishing another Account. Where an Account is cancelled, lapses or is terminated, we are entitled to close the Account and entitled (but not obliged) to delete all Images and other User Content associated with that Account. You will nevertheless remain responsible for performing your obligations under these Terms, and the rights granted to us under these Terms (including in Clause 10) shall not be terminated as a result.

  1. Intellectual Property

By uploading, sending us, posting, contributing, distributing, communicating or transmitting User Content (including Images), a User expressly grants to us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that User Content worldwide through AlwaysRemembered.ie and any other interactive services through which AlwaysRemembered.ie (or a service based on AlwaysRemembered.ie) is accessible for the purpose of,  performing obligations we owe to Users and exercising rights Users grant to us, subject to and in accordance with under these Terms. The licence under this Clause 10 will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account. For the avoidance of doubt, the licence under this Clause 10 does not permit us commercially to exploit a User’s Images (or other User Content) by creating and selling our own products bearing the User’s Images (or other User Content) without the User’s consent. Note that we may modify User Content in order to conform it to AlwaysRemembered.ie or the requirements of a Product (such as by cropping Images). You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to AlwaysRemembered.ie (including, without limitation, User Content associated Users other than you) are owned by, or licensed to, us. You may use and access AlwaysRemembered.ie and that User Content only to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. No-one may copy, distribute, show in public or create any derivative work from AlwaysRemembered.ie, or any of the material which is found on AlwaysRemembered.ie unless properly licensed to do so by us. You are not allowed to use AlwaysRemembered.ie (or to copy or use any material found on AlwaysRemembered.ie) for any commercial purpose other than to conduct the purchase of a Product from AlwaysRemembered.ie. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from AlwaysRemembered.ie. No-one may use any robot, spider, scraper or other automated means to access AlwaysRemembered.ie for any purpose without our prior express written permission.

  1. Privacy

Our Privacy Policy governs all users of AlwaysRemembered.ie. If you do not wish your personal data to be handled as specified in our Privacy Policy, then you must not use AlwaysRemembered.ie. Users must not use the Services in connection with the sending of any unsolicited messages, or to harvest or otherwise collect information about Users, including email addresses, without their express consent. Users must not use any information about other Users that is accessible through the Services except as expressly permitted by these Terms or the relevant User.

  1. Our Role

AlwaysRemembered.ie is not responsible for Images, Videos or other User Content. You must not assume that accessing, the import or export, or the advertising, offering or purchase, of any Personalised Product will comply with applicable law or regulation. AlwaysRemembered.ie may contain links to or advertisements for other sites, services or products (“Third Party Promotions”). AlwaysRemembered.ie is not responsible for the content of Third Party Promotions.  The sites or other destinations to which Third Party Promotions lead are governed by their own terms of use and privacy policies which will differ from these Terms. The inclusion of links to Third Party Promotions does not indicate that we endorse them and we are not responsible for examining or evaluating the content of such sites or destinations or goods or services available through them.

  1. Suspension

We reserve the right at any time and without notice (a) to suspend or terminate your Tribute on AlwaysRemembered.ie, (b) your use of all of part of the Services, (c) to remove from access via AlwaysRemembered.ie any User Content associated with a User or his/her Account, (d) to warn Users and other users of AlwaysRemembered.ie against interacting with a particular User, and/or (e) to take technical and legal steps to stop any Users from using AlwaysRemembered.ie if they appear to us to be in material breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person. In addition, we are entitled to suspend provision of all or part the Services, or the availability of User Content associated with any User, at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.

  1. Contact from third parties

If anyone contacts us in relation to User Content or a transaction associated with you, then you agree:

  • to provide all reasonable information and assistance we may require in connection with responding to that contact; and
  • to respond promptly and accurately to it, should we pass the message to you for a response.
  1. Additional services

We, our affiliates or third parties with which we contract may offer new, updated or additional services through AlwaysRemembered.ie from time to time. Your use of those services will be governed by these Terms but may also be subject to additional terms of use, which you must comply with. Provided that the relevant terms are notified to you in an appropriate manner, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of these Terms.

  1. Operation of AlwaysRemembered.ie

We reserve the right to withdraw or modify all or part of the Services or AlwaysRemembered.ie where we have legal or commercial reasons to do so. There may be times when the operation of AlwaysRemembered.ie is adversely affected, or becomes inaccessible, as a result of technical difficulties experienced by AlwaysRemembered.ie, on the Internet or other communications networks, or other matters that are beyond our control. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to AlwaysRemembered.ie or any of the material that appears on it. If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of AlwaysRemembered.ie. For security or other reasons, we may require you to change your password or other information which facilitates access to AlwaysRemembered.ie; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.

  1. Liability

We use reasonable care and skill to provide AlwaysRemembered.ie in accordance with our specifications but:

  • the Services are provided “as is” and “as available”;
  • we do not warrant that the Services will be uninterrupted or error-free; and
  • we cannot and do not guarantee that AlwaysRemembered.ie or the Services will meet your requirements, including (without limitation) as to the availability or speed of delivery of any User Content placed on or made through AlwaysRemembered.ie.

AlwaysRemembered.ie does not exclude or limit in any way its liability to you where it would be unlawful to do so. Thus we do not exclude liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to Products we supply.

We are only liable for loss that is a foreseeable and natural result of our breach of these Terms.  But we will not be responsible if the loss or breach is caused by events that we cannot reasonably control, or by something you do or do not do.  This might arise, for example, where you fail to keep or use a Product safely or appropriately or do not follow reasonable instructions we make available about the treatment of a Product. 

AlwaysRemembered.ie is not liable for business losses. We only supply Products for domestic and private use.  We will have no liability to you for any loss of revenue or profit, loss of business, business interruption, or loss of business opportunity, including where you use a Product for any commercial, business or re-sale purpose.

Except as expressly stated elsewhere in these Terms, we exclude all representations, warranties, conditions and other terms, whether express or implied, except in the case of fraud, or where exclusion is not permitted by law. For the avoidance of doubt, AlwaysRemembered.ie will not have liability to you or any other person in respect of User Content.

  1. Your Liability

You will be liable to AlwaysRemembered.ie, and potentially to other Users, where activity by you or through your Account or User Content associated with you or your Account, breaches these Terms.

  1. Assignment

We reserve the right to assign these Terms, and to assign or subcontract any or all of our rights and obligations under these Terms, but will not do so in such a way as to reduce any guarantees you are given under these Terms. You may not without the written consent of AlwaysRemembered.ie assign or dispose of these Terms or any of your rights and obligations under it. 

  1. Entire Agreement

These Terms are intended to contain your entire agreement with us relating to your use of and access to AlwaysRemembered.ie; we believe them to be fair and reasonable. They replace all earlier agreements and understandings with you relating to AlwaysRemembered.ie.

  1. Changes to these Terms

These Terms may change from time to time.  When they do, we will post the new version of the Terms on the Site and flag it appropriately.

  1. General

If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

  1. Law

All issues arising out of or relating to the Services, these Terms or any purchase of a Product shall be governed by the laws of Ireland and the non-exclusive jurisdiction of the courts of Ireland. 

  1. Keeping these Terms

We don’t separately file the Terms entered into by Users when they register for AlwaysRemembered.ie. You can access them here. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.

  1. Contact

We are a company registered in Ireland under registration number 549780 under the name Azolla Digital Limited; the address of our registered office is 37 Carr’s Mill, Donabate, Co.Dublin, Ireland. Our VAT registration number is IE3288140GH. You can contact us by post at 37 Carr’s Mill, Donabate, Co.Dublin, Ireland or via email: info@AlwaysRemembered.ie. We will send our notices to you by email to the email address specified in your Account.

Last updated: 11-02-2023

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