The Farewell Guide - Member Terms and Conditions
1 Definitions
1.1 In these Member Terms and Conditions, the following definitions apply:
1.2 Agreement means the contract between The Farewell Guide and the Member comprising the Order Form, these Member Terms and Conditions, and any applicable Product Specific Terms.
1.3 Business Day means any day other than a Saturday, Sunday or public holiday in England.
1.4 Content means all content and materials provided by, on behalf of, or at the instruction of the Member for use in connection with the Services or display on the Website(s), including service details, pricing, images, videos, branding, logos and related information.
1.5 Data Protection Laws means all applicable laws and regulations relating to data protection and privacy in force from time to time in the United Kingdom, including the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003.
1.6 Fees means the charges payable by the Member under the Agreement, as set out in the Order Form or otherwise agreed in writing.
1.7 Lead means an enquiry, contact, telephone call, message or other interaction generated via the Website(s) or through the Services and passed to the Member.
1.8 Member means any business or individual approved by The Farewell Guide to use the Services, including funeral directors, online or digital funeral providers, prepaid funeral plan providers, appointed representatives, introducers, celebrants, venues, ancillary service providers, and any other business operating in the funeral, end of life or bereavement sector that The Farewell Guide chooses to accept from time to time.
1.9 Order Form means the membership form, order form, sign-up form, online acceptance or other written or electronic document setting out the Services and Fees agreed between the parties.
1.10 Product Specific Terms means any additional terms that apply to services, products, packages or features offered by The Farewell Guide.
1.11 Services means the services provided by The Farewell Guide to the Member, including directory listings, profile pages, enquiry generation, advertising, reporting, account tools, promotional opportunities and any other services provided from time to time.
1.12 Website(s) means the website operated by or on behalf of The Farewell Guide, together with any associated platforms, apps, portals, directories, microsites or digital channels through which the Services are provided.
1.13 The Farewell Guide, TFG, we, us or our means The Farewell Guide Limited.
1.14 The Farewell Guide reserves the right to determine eligibility for membership and to define, amend or reclassify Member categories at its discretion.
2. Formation of the Agreement
2.1 A legally binding Agreement is formed when:
2.1.1 the Member signs, submits, accepts or otherwise agrees to an Order Form or sign-up process; and
2.1.2 The Farewell Guide accepts the Member and begins providing the Services.
2.2 The Agreement constitutes the entire agreement between the parties in relation to its subject matter and supersedes any previous discussions, understandings or arrangements.
2.3 These Member Terms and Conditions apply to all Services unless expressly varied in writing by The Farewell Guide.
2.4 If there is any conflict between these Member Terms and Conditions and any Product Specific Terms, the Product Specific Terms shall prevail only to the extent of that conflict and only in relation to the specific Service to which they apply.
2.5 The Farewell Guide may amend these Member Terms and Conditions from time to time. Updated versions may be published on the Website(s) or otherwise notified to the Member. Continued use of the Services after such update shall constitute acceptance of the amended Terms.
2.6 The Farewell Guide may refuse, suspend or withdraw membership or any application for membership at its discretion.
3. Services
3.1 The Farewell Guide shall provide the Services set out in the Order Form, subject to the terms of the Agreement.
3.2 The Farewell Guide may update, improve, add to, remove, suspend or modify the Services at any time where reasonably necessary for operational, technical, commercial, legal or compliance reasons.
3.3 The Farewell Guide does not guarantee:
3.3.1 any particular volume, value or quality of Leads;
3.3.2 any particular level of traffic, visibility, ranking, engagement, bookings or conversions;
3.3.3 uninterrupted or error free availability of the Website(s), Services or systems; or
3.3.4 any business outcomes, return on investment or commercial performance.
4. Member Obligations
4.1 Content and accuracy
4.1.1 The Member shall ensure that all Content supplied to The Farewell Guide:
a. is accurate, complete, current and not misleading;
b. complies with all applicable laws, regulations, codes of practice and industry guidance;
c. does not infringe the intellectual property rights or other rights of any third party; and
d. is suitable for publication by The Farewell Guide.
4.1.2 The Member is solely responsible for all Content it supplies and for ensuring that such Content remains accurate and up to date at all times by editing their online profile.
4.2 Pricing transparency
4.2.1 The Member shall ensure that all pricing, service descriptions, package details and standard pricing information displayed through the Services are accurate, current and not misleading at all times.
4.2.2 The Member shall update any change to pricing, service details or relevant business information within 3 Business Days of the change taking effect.
4.2.3 Where The Farewell Guide becomes aware of inaccurate, incomplete or misleading pricing or service information, whether through monitoring, complaints or otherwise, The Farewell Guide may:
a. require immediate correction;
b. suspend, hide or restrict the relevant listing or profile;
c. remove the relevant listing, branch or profile until corrected; and
d. take any further action reasonably necessary to protect consumers or the platform.
4.3 Ongoing compliance and status
4.3.1 The Member remains solely responsible for its own regulatory, legal, financial and operational compliance.
4.3.2 The Member shall notify The Farewell Guide promptly in writing if:
a. it is experiencing, or reasonably expects to experience, financial difficulty;
b. it is unable, or likely to become unable, to fulfil its obligations to customers;
c. its regulatory status, authorisation, appointment, accreditation, approval, membership or trading status changes, lapses, is suspended, restricted or ceases;
d. it ceases to be a member of any trade body or organisation referenced in its Content;
e. it becomes subject to investigation, enforcement action, sanction, complaint pattern or adverse finding which may materially affect its suitability for the platform; or
f. there is any material change likely to affect service delivery, customer care or compliance.
4.3.3 The Member shall ensure that all claims regarding authorisation, regulation, representation, membership, accreditations, compliance checks or approvals remain accurate and substantiated at all times.
4.3.4 The Member shall immediately update or remove any Content that becomes inaccurate, incomplete or misleading.
4.4 Operational requirements
4.4.1 The Member shall:
a. maintain a working and monitored contact method, including a contactable telephone number and email where applicable;
b. respond to enquiries in a timely and professional manner;
c. use any trackable contact details, systems, numbers or reporting tools provided by The Farewell Guide where applicable;
d. ensure that branch, venue, service and location details are accurate; and
e. only advertise services which it is authorised, willing and able to provide.
4.4.2 Where branch-based or location-based listings are used, the Member shall ensure that the relevant listing relates only to the services genuinely provided from or through that branch or location.
4.5 Platform use
4.5.1 The Member shall not:
a. misuse the Website(s), Services or any associated systems;
b. interfere with or seek to circumvent tracking, lead monitoring or reporting systems;
c. copy, scrape, extract, reproduce or reuse platform data without prior written consent;
d. use the Services in any unlawful, misleading, unfair, anti-competitive or improper manner; or
e. act in any way likely to damage the integrity, effectiveness or reputation of the platform.
4.6 Marketing and branding
4.6.1 During the term of the Agreement, and only for the purpose of promoting the Member’s participation on the platform, The Farewell Guide grants the Member a non-exclusive, revocable license to use any branding, logos or marketing materials expressly provided for that purpose.
4.6.2 The Member shall not use The Farewell Guide’s name, branding or materials in any way that is misleading, inaccurate, derogatory or damaging to The Farewell Guide’s reputation.
4.7 Prepaid and regulated services
4.7.1 The Member acknowledges and agrees that The Farewell Guide does not assess, recommend, advise on or monitor the suitability of any prepaid funeral product, financial arrangement or regulated service.
4.7.2 All regulatory, suitability, disclosure, conduct and customer outcome responsibility remains solely with the Member.
5. Fees and Payment
5.1 The Member shall pay the Fees in accordance with the Order Form and these Terms.
5.2 Unless otherwise stated in the Order Form:
5.2.1 subscription services will be billed monthly;
5.2.2 one off services will be invoiced as incurred and shall be payable on invoice;
5.2.3 pay per enquiry or credit-based services must be paid in advance.
5.3 If the Member fails to pay any Fees when due, The Farewell Guide may, without prejudice to any other right or remedy:
5.3.1 charge interest on overdue amounts at 4 per cent per annum above the base rate of HSBC Bank plc from time to time, or if that rate is below 0 per cent, at 4 per cent per annum;
5.3.2 suspend or restrict the Services;
5.3.3 remove or downgrade listings;
5.3.4 restrict access to account tools, reports, Leads or related data; and
5.3.5 recover reasonable costs of collection, enforcement or legal action.
5.4 No refunds, credits or rebates shall be given in respect of lead volume, lead quality, performance, conversion outcomes or ranking position.
5.5 The Farewell Guide may amend Fees by giving reasonable notice to the Member.
5.6 Where applicable, Fees may increase in line with inflation, indexation or pricing changes notified under the Agreement.
6. Automatic Renewal
6.1 The Agreement will automatically renew unless terminated in accordance with these Terms.
6.2 Annual subscriptions renew for successive periods of 12 months.
6.3 Monthly subscriptions renew on a rolling monthly basis.
6.4 It is the Member’s responsibility to provide valid notice if it wishes to terminate the Agreement.
7. Termination
7.1 Either party may terminate the Agreement in accordance with the notice period specified in the Order Form, Membership or, if no notice period is specified, on not less than 1 month’s written notice.
7.2 The Farewell Guide may suspend or terminate the Agreement immediately, or with such notice as it considers appropriate, if:
7.2.1 the Member fails to pay Fees when due;
7.2.2 the Member breaches the Agreement;
7.2.3 the Member supplies inaccurate, misleading or non-compliant Content;
7.2.4 regulatory, legal, reputational, financial or consumer protection concerns arise in relation to the Member;
7.2.5 the Member fails to co-operate with reasonable requests made under the Agreement; or
7.2.6 continued publication or provision of the Services would expose The Farewell Guide to complaint, investigation, brand damage or liability.
7.3 On termination:
7.3.1 all outstanding Fees and other sums due become immediately payable;
7.3.2 the Member’s right to use the Services shall cease;
7.3.3 The Farewell Guide may remove or disable access to listings, content, account access, reports and associated data; and
7.3.4 any provision which is intended to survive termination shall continue in force.
8. Listings, Ranking and Visibility
8.1 The Farewell Guide does not guarantee the position, ranking, prominence or visibility of any listing, branch, venue, provider or profile.
8.2 Listings may be displayed, prioritised, rotated or ordered based on factors including:
8.2.1 subscription type, package or membership level;
8.2.2 paid promotional or enhanced visibility services;
8.2.3 user search criteria and preferences;
8.2.4 location, relevance and availability;
8.2.5 Content quality, completeness and accuracy;
8.2.6 compliance status and adherence to these Terms;
8.2.7 platform optimisation, rotation, testing or operational requirements; and
8.2.8 any other legitimate commercial, technical or consumer-focused factor determined by The Farewell Guide.
8.3 The Farewell Guide may change how listings are displayed, filtered or ranked at any time.
8.4 Visibility, placement, promotional status or continued inclusion on the platform does not constitute endorsement, certification, recommendation or guarantee by The Farewell Guide.
8.5 Any checks, reviews or assessments carried out by The Farewell Guide are undertaken for its own platform, quality, risk and brand management purposes only and do not reduce, replace or transfer the Member’s own legal, regulatory or operational responsibilities.
8.6 Funeral Requests and Conversion Responsibility;
8.6.1 The Member acknowledges that The Farewell Guide’s role is limited to introducing potential customers and providing funeral requests via the Services.
8.6.2 The Farewell Guide does not act as an agent for the Member and does not participate in, manage or control any communication, follow-up, engagement or transaction between the Member and any funeral request.
8.6.3 The Member is solely responsible for:
a. responding to funeral requests in a timely and appropriate manner;
b. ensuring adequate staffing, availability and contactability to handle enquiries;
c. managing and completing any customer engagement, booking or sale; and
d. maintaining appropriate systems and processes to receive and respond to telephone calls, emails or other enquiries.
8.6.4 Where a funeral request relates to a prepaid funeral plan or any other regulated service, the Member shall ensure that the enquiry is handled only by appropriately qualified, authorised or trained personnel and in full compliance with all applicable legal and regulatory requirements.
8.6.5 The Farewell Guide does not guarantee that:
a. a funeral request will make successful contact with the Member;
b. the Member will be available to receive or respond to a funeral request;
c. telephone calls will be answered or completed; or
d. any funeral request will result in a response, booking or completed service.
8.6.6 The Member acknowledges that missed calls, unanswered enquiries, delayed responses or internal operational issues do not affect the validity of a funeral request and shall not give rise to any refund, credit or reduction in Fees.
9. Data Protection
9.1 Roles of the parties
9.1.1 Where The Farewell Guide passes Lead information to the Member, the Member acknowledges and agrees that it acts as an independent controller in respect of that Lead data once received.
9.1.2 To the extent that The Farewell Guide hosts, stores or otherwise processes personal data on behalf of the Member as part of the Services, the Member is the controller and The Farewell Guide is the processor in respect of that personal data.
9.1.3 Nothing in the Agreement prevents The Farewell Guide from acting as a controller in respect of any separate personal data it collects or holds for its own legitimate business purposes, including platform administration, service improvement, fraud prevention, complaints handling, compliance and protection of its legal rights.
9.2 Member obligations
9.2.1 The Member shall comply at all times with all applicable Data Protection Laws.
9.2.2 The Member warrants that it has a lawful basis for processing any personal data it provides to The Farewell Guide and that it has provided all notices and obtained all permissions required by law.
9.2.3 The Member shall ensure that any use of personal data obtained through the Services is lawful, fair, transparent and limited to purposes compatible with the reason the data was supplied.
9.3 Processor obligations
Where The Farewell Guide acts as processor for the Member, The Farewell Guide shall:
9.3.1 process personal data only on the documented instructions of the Member, unless required to do otherwise by law;
9.3.2 ensure that persons authorised to process personal data are subject to appropriate confidentiality obligations;
9.3.3 implement appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage or disclosure;
9.3.4 provide reasonable assistance to the Member, taking into account the nature of the processing, so that the Member can respond to requests from data subjects and meet its legal obligations;
9.3.5 notify the Member without undue delay on becoming aware of a personal data breach affecting personal data processed on the Member’s behalf;
9.3.6 on termination of the relevant Services, delete or return personal data processed on behalf of the Member, unless retention is required by law or justified by a lawful basis; and
9.3.7 make available information reasonably necessary to demonstrate compliance with this clause.
9.4 Sub-processors
9.4.1 The Member authorises The Farewell Guide to appoint sub-processors in connection with the provision of the Services, provided that The Farewell Guide remains responsible for ensuring that such sub-processors are subject to obligations materially equivalent to those set out in this clause.
9.5 International transfers
9.5.1 Where personal data is transferred outside the United Kingdom, The Farewell Guide shall ensure that such transfer is carried out in accordance with applicable Data Protection Laws using an appropriate lawful transfer mechanism.
9.6 Data retention
9.6.1 The Farewell Guide may retain personal data for as long as reasonably necessary for the provision of the Services, compliance with legal obligations, dispute resolution, fraud prevention, enforcement of the Agreement and protection of its legitimate business interests.
10. Data Use and Platform Information
10.1 The Farewell Guide may use Member Content and related data to operate, administer, improve, develop and market the Services.
10.2 The Farewell Guide may use aggregated or anonymised data for analytics, insight, reporting, business development and other legitimate business purposes.
10.3 Members do not have any right to access wider platform, market or other Members’ data unless expressly provided as part of the Services.
11. Liability
11.1 No performance guarantee
The Member acknowledges that The Farewell Guide does not warrant or guarantee:
11.1.1 the volume, value, suitability or conversion rate of Leads;
11.1.2 the number of enquiries, bookings or customers that will be generated;
11.1.3 that any listing will achieve a particular level of visibility, traffic, ranking or revenue; or
11.1.4 uninterrupted or error free operation of the Website(s), Services or related systems.
11.2 Exclusion of implied terms
11.2.1 To the fullest extent permitted by law, all warranties, representations, conditions and other terms not expressly set out in the Agreement are excluded.
11.3 Excluded loss
11.3.1 Subject to clause 11.5, The Farewell Guide shall not be liable, whether in contract, tort, negligence, breach of statutory duty or otherwise, for:
a. loss of profit;
b. loss of revenue;
c. loss of business or opportunity;
d. loss of anticipated savings;
e. loss of goodwill;
f. loss arising from Member inactivity, delayed follow up or failure to convert Leads; or
g. any indirect, consequential or special loss.
11.4 Financial cap
11.4.1 Subject to clause 11.5, the total aggregate liability of The Farewell Guide arising out of or in connection with the Agreement shall not exceed the total Fees paid by the Member in the 3 months immediately preceding the event giving rise to the claim.
11.5 Liability that cannot be excluded
Nothing in the Agreement excludes or limits liability for:
11.5.1 death or personal injury caused by negligence;
11.5.2 fraud or fraudulent misrepresentation; or
11.5.3 any liability that cannot lawfully be excluded or limited.
11.6 Member indemnity
11.6.1 The Member shall indemnify and keep indemnified The Farewell Guide, its group companies, officers, employees and contractors against all losses, liabilities, claims, damages, costs and expenses suffered or incurred arising out of or in connection with:
a. any Content supplied by or on behalf of the Member;
b. any inaccuracy in pricing, services, regulatory status, authorisation status or membership claims;
c. any breach of law or regulation by the Member;
d. any complaint, claim, investigation or enforcement action arising from the Member’s acts, omissions, products or services;
e. any misuse of Leads, personal data or platform information by the Member; and
f. any failure by the Member to respond appropriately to customers or to fulfil its obligations to them.
12. Regulatory Compliance and Conduct
12.1 The Member shall comply with all laws, regulations, guidance, industry standards and codes of practice applicable to its business, services and advertising.
12.2 Without limitation, where relevant the Member shall comply with requirements, guidance or expectations arising from bodies including the Financial Conduct Authority, the Advertising Standards Authority, the Competition and Markets Authority, the Information Commissioner’s Office and any relevant trade body.
12.3 The Member shall not engage in misleading, unfair, aggressive, unlawful or improper business practices.
12.4 Where the Member describes itself as authorised, regulated, appointed, accredited, approved, a member of a trade body, or otherwise subject to oversight or recognition, it shall ensure that such description is accurate, current and substantiated at all times.
12.5 The Member shall maintain appropriate internal procedures, controls and records to ensure compliance with applicable law and regulation.
13. Brand, Consumer and Reputation Protection
13.1 The Farewell Guide may, where it reasonably considers it necessary in order to protect consumers, preserve compliance, manage legal or reputational risk, or protect its brand, without liability to the Member:
13.1.1 require clarification, evidence or correction of any Content;
13.1.2 suspend, amend, downgrade or remove any listing;
13.1.3 restrict visibility or access to all or part of the Services;
13.1.4 require the Member to cease making particular claims or representations; and
13.1.5 terminate the Agreement immediately where the risk is serious or ongoing.
13.2 The Member acknowledges that inclusion on the Website(s), any level of visibility, ranking, promotion, compliance review or ongoing membership does not constitute a guarantee or endorsement by The Farewell Guide of the Member’s services, conduct, solvency, regulatory standing or suitability for any customer.
14. Information Rights and Verification
14.1 The Member shall provide promptly, on reasonable request, such information, records, confirmations and evidence as The Farewell Guide may reasonably require for the purposes of:
14.1.1 verifying compliance with the Agreement;
14.1.2 checking pricing accuracy or service claims;
14.1.3 investigating complaints;
14.1.4 responding to legal, regulatory or media issues; or
14.1.5 protecting consumers or the integrity of the platform.
14.2 Where the Member fails to provide information requested under this clause within a reasonable time, The Farewell Guide may suspend or restrict the relevant listing or Services until the matter is resolved.
15. Intellectual Property and Use of Content
15.1 The Member grants The Farewell Guide a non-exclusive, worldwide, royalty free license for the term of the Agreement and for so long as reasonably necessary afterwards to host, store, copy, use, reproduce, adapt, publish, distribute and display the Content for the purposes of:
15.1.1 providing the Services;
15.1.2 promoting the Member’s services;
15.1.3 operating, improving and developing the platform;
15.1.4 compliance, record keeping and dispute resolution; and
15.1.5 marketing and business development of The Farewell Guide, provided such use does not misrepresent the Member’s services.
15.2 The Member warrants that it has all rights, permissions and authority necessary to grant the license set out in clause 15.1.
15.3 All intellectual property rights on the Website(s), Services, systems, tools, branding and platform materials belong to The Farewell Guide or its licensors.
15.4 Except as expressly set out in the Agreement, the Member has no right, title or interest in or to the intellectual property rights of The Farewell Guide.
16. Suspension Rights
16.1 Without prejudice to any other right or remedy, The Farewell Guide may suspend all or part of the Services immediately where it reasonably believes that:
16.1.1 the Member is in breach of the Agreement;
16.1.2 the Member presents a regulatory, legal, reputational or consumer risk;
16.1.3 the Member’s pricing, claims or service information are inaccurate, incomplete or misleading;
16.1.4 the Member has failed to pay Fees when due; or
16.1.5 continued publication may expose The Farewell Guide to complaint, investigation, brand damage or liability.
16.2 The Farewell Guide shall use reasonable efforts to notify the Member of any such suspension, but advance notice shall not be required where immediate action is reasonably necessary.
17. Complaints
17.1 Members may raise concerns or complaints by contacting hello@thefarewellguide.co.uk.
17.2 The Farewell Guide will review and respond to complaints within a reasonable timeframe.
17.3 The Farewell Guide reserves the right to determine how complaints are handled and what information or evidence is required in order to investigate them.
18. Force Majeure
18.1 Neither party shall be in breach of the Agreement for any delay or failure to perform its obligations to the extent caused by circumstances beyond its reasonable control.
18.2 Nothing in this clause relieves the Member of its obligation to pay Fees accrued and due.
19. General
19.1 Nothing in the Agreement creates a partnership, joint venture, agency or employment relationship between the parties.
19.2 The Member may not assign, transfer or otherwise dispose of any of its rights or obligations under the Agreement without the prior written consent of The Farewell Guide.
19.3 If any provision of the Agreement is found to be invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
19.4 No failure or delay by The Farewell Guide in exercising any right or remedy shall operate as a waiver of that or any other right or remedy.
19.5 A person who is not a party to the Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement, except that any group company of The Farewell Guide may enforce any term expressed to benefit it.
19.6 Notices under the Agreement shall be in writing and sent to the contact details set out in the Order Form or otherwise notified for that purpose.
20. Governing Law and Jurisdiction
20.1 The Agreement and any dispute or claim arising out of or in connection with it shall be governed by the laws of England and Wales.
20.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement.