Terms of Use page - Aura Funerals

The Services

We provide a comprehensive end of life planning resource service which helps users to plan and manage their end of life (“services“). It is currently free for you to register with us, set up your profile and use our website and services to help you with your planning.

We do not control the material submitted to the website by users.

We comply with all applicable laws in the European Union and the United Kingdom, (“jurisdiction”). If you are accessing the website from outside the jurisdiction, please be aware that Aura has not taken affirmative action to comply with local laws which may be applicable to you as a consumer. To the fullest extent permitted by law, we exclude our liability for any loss or damage incurred as a result of your reliance on consumer laws outside the jurisdiction.

Registration

In order to access and use certain services and functionality offered through the website, you must register with and open an account with us. In doing so, please make sure that all the details that you give to us are accurate, complete and are kept current and up to date whilst you continue to use the website and the services. You must contact us promptly to inform us of all changes to this information.

Usernames And Passwords

Upon registration for an account with us, you will be asked to create a username and password. You must always keep your username and password confidential and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account, unless expressly specified otherwise, and accordingly you must not disclose your username and/or password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your username and/or password. Any breach of these terms and conditions and/or any use of your account by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you and will not relieve you of your obligations to us. Any such use will be attributed to you in accordance with these terms and conditions.

Please notify us immediately via our website if anyone else has become aware of your credentials in circumstances in which there is a risk of misuse or if you have any reason to believe that there is any other risk of any unauthorised use of your account.

Termination

We may terminate the Services, or your access to or use of the Services or your account, with or without notice. Reasons for us terminating your account or the Services include, without limitation: (a) breach or violation of these Terms of Use, (b) your request or self-effecting account deletion, (c) non-payment of any fees or other sums due to us or any other party related to your use of the Services, (d) requests by law enforcement or other government agencies, (e) the discontinuance or material modification to the Services (or any part thereof), or (f) unexpected technical or security issues or problems. In the event of any termination, we will close your account and you will no longer be able to retrieve content contained in that account or otherwise use the Services.

Access to the website

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet, or other mobile device) meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website.

We may, from time to time, restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.

We do not guarantee the continuous, uninterrupted, or error-free operability of the website. There may be times when certain features, parts or content of the website, or the entire website, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended, or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the website, or any features, parts, or content of the website.

Proprietary Rights, Licences And Limitations

Our Rights

You acknowledge and agree that we (and any licensors to us) own(s) all legal right, title and interest in and to the Services, including, without limitation, all software comprising a part of the Services that is either hosted on our servers or deployed by you or a third party to enable creation and management of your account, including uploading of Content to, and display of Content within, the Services (the “Software”), and all intellectual property rights therein (whether registered or not and wherever existing in the world). You further acknowledge and agree that the rights in the Services, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms of Use. Except for the limited licence rights specifically granted to you in these Terms of Use, Aura Life and its suppliers own and shall retain all rights, title and interests, including, without limitation, intellectual property rights, in and to the Services and all Software utilised therein (and all copies thereof and related materials that are delivered or made available to you with the Services).

Without limiting the generality of the foregoing, you agree not to access, use, copy, reverse engineer, create derivative works from, share or assist any third party to use the Services or any component thereof to design, create, program, market or promote any product, software or service in competition with us (including but not limited to independent or internal networks).

In order to enable us to operate the Services, we must obtain from you certain licence and other rights to the Content you submit (so that our processing, maintenance, storage, technical reproduction, back-up and distribution, and related handling of your Content does not infringe applicable copyright and other laws). Accordingly, by using the Services and posting Content, you grant us a licence to display, perform and distribute your Content, and to modify (for technical purposes) and reproduce such Content to enable us to operate the Services. You also agree that we have the right to elect not to process, post, store, display, publish or transmit any Content in our sole discretion. You agree that these rights and licences are royalty free, irrevocable and worldwide, and include a right for us to make such Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such services, and to otherwise permit access to your Content to third parties if we determine such access is necessary to comply with its legal obligations or to (a) respond to your requests for service; (b) enforce this Agreement; (c) respond to claims that your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of us, other users, or the public. Where we are required to access and disclose your account information and Content, we will, to the extent we are permitted to do so, give you as much notice of this disclosure as possible.

Except for the limited licence and other rights granted to us in these Terms of Use, you retain all of the rights you had in your Content before you submitted it. If you invite and enable others to view or have access to the Content you store within the Services, then you are enabling each of those permitted users of the Services access to such Content, and we shall not be responsible for any duplication, publication or other use of such Content by such users.

By submitting any feedback, comments, ideas, suggestions, documents and/or proposals through the “Contact Us” interface or otherwise (collectively, “Contributions”), you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Aura Life is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) we already may possess or have received or considered something the same as or similar to the Contributions; (e) your Contributions automatically become the property of Aura Life without any obligation of us to you; and (f) you are not entitled to any accounting, compensation or reimbursement of any kind from us for Contributions. Your “Content”, as defined and used in these Terms of Use, does not include Contributions.

Your Rights

Aura Life hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Software provided to you by us as part of the Services as provided to you by us, for the sole purpose of enabling you to use and enjoy the benefit of the Services as permitted by these Terms of Use, until your rights are terminated in accordance with these Terms of Use or the user Agreement governing your use of the Services.

As indicated above, you retain copyright and any other rights you already hold in Content which you submit, post or display on or through the Services. Other than the limited licence and other rights you grant in these Terms of Use, we obtain no right, title or interest from you (or your licensors) under these Terms of Use in or to any Content that you submit, post, store, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are solely responsible for protecting and enforcing those rights and that we have no obligation to do so on your behalf.

Content

We may change the format and content of the website from time to time. You agree that your use of the website is on an ‘as is’ and ‘as available’ basis and at your sole risk.

Whilst we try to make sure that all information contained on the website (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Except to the extent expressly set out within these terms and conditions, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the website and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the website or relying on any of its content.

We cannot and do not guarantee that any content of the website will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

User Content

You acknowledge and agree that all information, data, text, photographs, images, files, software, sounds, recordings, graphics, video, messages, tags and other materials, in whatever form and technical structure, whether publicly posted or privately transmitted or stored using the Services (“Content”), are the sole responsibility of the person(s) originating such Content and introducing such Content into the Services. We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any Content posted or submitted to the Services, without obligation to any person.

You agree that you are responsible for your own conduct and all conduct under your account, and for all Content that is created, stored, shared, or published by anyone using your Account ID with the Services and for any consequences arising as a result thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms of Use, and all applicable laws and regulations in the relevant legal jurisdictions. Without limiting the foregoing, you represent and warrant to us that you have the rights and authority to submit your Content to us in connection with your use of the Services, and such submission and publication of such Content through the Services does not and will not infringe the rights of any person or third party.

You further agree to NOT:

(a) use our products or the Services for illegal purposes or for promotion of dangerous activities;
(b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with us or any other person or entity;
(c) upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual duties (such as insider trading regulations, internal corporate policies, or nondisclosure agreements);
(d) upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(e) upload, post, or otherwise transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected or applicable to the Services;
(g) violate through use of the Services any applicable local, state, national or international law;
(h) “stalk” or otherwise harass another person or user of the Services, or take any action invasive to another’s privacy (by posting, for example, another’s photograph, address, email, phone number or any other contact information) without permission from such other person;
(i) promote or provide instructional information about illegal activities, promote physical harm or injury against any government, legal entity, group or individual;
(j) solicit passwords or personal identifying information from other users for unintended, commercial, or unlawful purposes;
(k) exceed the scope of the Services you have signed up for, for example, accessing and using non-public portions of the website, groups or features that you do not have a right to use, or deleting, adding to, or otherwise changing another person’s entries or other Content when you have not been granted the right to do so;
(l) access (or attempt to access) any of the Services by any means other than through the interface(s) provided by us, or access (or attempt to access) any of the Services through any automated means (including use of scripts, web crawlers or the like) or otherwise engage the Services in a manner reasonably likely to be harmful to the systems operating the Services or the access or use of the Services by others;
(m) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services; and
(n) you further agree NOT to upload or display publicly Content that:
- (i) contains nudity, sexually graphic material, or material that is otherwise deemed explicit by us; or
- (ii) contains threatening, abusive, harassing, defamatory, libellous, invasive, hateful, or racially, ethnically, or otherwise objectionable.

If you encounter any of these prohibited uses, we encourage you to report them to us immediately.

Data Protection Schedule

In this Schedule “Applicable Law” means any applicable:

(a) statute, regulation, regulatory requirement, by law, ordinance, subordinate legislation, or other law (regardless of its source) or mandatory guidance or code of practice (including in each case any judicial or administrative interpretation of it), in force from time to time in any applicable jurisdiction; or

(b) judgment of a relevant court of law, or sanction, directive, order, or requirement of any regulatory authority;

“Controller” (or data controller), “Processor” (or data processor), “Data Subject”, “international organisation”, “Personal Data” and “processing” all have the meanings given to those terms in DP Laws (and related terms such as “process” shall have corresponding meanings);

“Data Subject Request” means a request made by a Data Subject to exercise any rights of Data Subjects under DP Laws;

“DPIA” means a data protection impact assessment, as described in DP Laws;

“DP Laws” means:

(a) any laws or regulations implementing the EU-GDPR or the UK-GDPR;

(b) the Regulation of the European Parliament and of the Secretary of State of the United Kingdom on the protection of natural persons regarding the processing of personal data and on the free movement of such data, and/or any corresponding or equivalent national laws or regulations,

in each case, as in force and applicable, and as may be amended, supplemented, or replaced from time to time;

“Aura” means Aura Life Limited whose registered offices are: Bunkers Hill Farm, Unsted, Godalming, Surrey, GU7 1UP

“Aura Personnel” means individuals used by or on behalf of Aura Life in performing its obligations under this Agreement, including Sub-Processors’ personnel;

“Personal Data Breach” means a breach of security or other action or inaction leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Protected Data

“Protected Data” means Personal Data processed by Aura under this Agreement as a Processor on behalf of a user as a Controller;

“Sub-Processor” means another Processor engaged by Aura for carrying out processing activities in respect of the Protected Data on behalf of a user; and

“Supervisory Authority” means any local, national, or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board, or other body responsible for administering DP Laws.

Compliance with DP Laws/this Agreement

Each party shall comply with DP Laws applicable to them. Aura shall procure that any Sub-Processor that has access to or otherwise processes Protected Data shall comply with Aura’s obligations under this Agreement.

Processing Instructions

Where Aura processes Protected Data, we shall:

(and shall procure that any person acting under its authority who has access to Protected Data) process the Protected Data only on and in accordance with user’s documented instructions (“Processing Instructions”); and
immediately inform the user of any legal requirement under DP Laws that would require Aura to process the Protected Data otherwise than only on the Processing Instructions, or if any user instruction infringes DP Laws.

The details of the Protected Data processing carried out by Aura are set out in the Appendix (Data Processing Details) to this Schedule.

Security Measures

Aura shall implement and maintain appropriate technical and organisational measures in relation to the processing of Protected Data by or on behalf of Aura:

such that the processing will meet the requirements of DP Laws and ensure the protection of the rights of Data Subjects; and
so as to ensure a level of security in respect of Protected Data processed is appropriate to the risks that are presented by the processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Protected Data transmitted, stored or otherwise processed.

Sub-Processors

Aura shall not engage another Processor to perform processing activities in respect of the Protected Data on behalf of a user without issuing prior notice and, if users do not object to giving consent, Aura shall appoint the Sub-Processor under a binding written contract (“Processor Contract”) which imposes the same data protection obligations as are contained in this Agreement on the Sub-Processor.

Without prejudice to the generality of this paragraph, you specifically consent to any group company of Aura acting as Sub-Processors. You generally consent to other third parties acting as Sub-Processors (“Third Party Sub-Processors”). Aura will provide users with information as to the Sub-Processors engaged in the provision of the Services upon written request from the user.

In the event that Aura intends to engage any new Third Party Sub-Processor, Aura shall notify users of such intention no less than 30 days prior to the intended appointment date and shall include in such notification the date the third party is to be appointed as a Sub-Processor (the “Intended Appointment Date”) and information as to the identity of the intended Third Party Sub-Processor, its location and a summary of the processing to be performed by the intended Third Party Sub-Processor (each an “Appointment Notice”). In the event that a user objects to the appointment of the third party as a Sub-Processor, they may notify us of such objection within 30 days of receiving the relevant Appointment Notice and such notification shall have the effect of terminating this Agreement on the Intended Appointment Date. In the event that this Agreement terminates pursuant to this paragraph, the user shall have no claim against us in relation to such termination or the objection to the third party as a Sub-Processor.

Aura shall:

promptly upon request by a user provide the relevant details of any such Processor Contract to user; and where that Sub-Processor fails to fulfil its data protection obligations in accordance with the Processor Contract, remain fully liable to user for the performance of that Sub-Processor’s obligations.

Aura Personnel

We shall ensure that Aura Personnel processing Protected Data have signed agreements requiring them to keep Protected Data confidential and take all reasonable steps to ensure the reliability of our Personnel processing Protected Data.

We shall not transfer any Protected Data to any country outside the European Economic Area or the United Kingdom to any international organisation (an “International Recipient”) without prior written notice given to users and, if the user consents to the transfer of Protected Data to an International Recipient, we shall ensure that such transfer (and any onward transfer): (i) is pursuant to a written contract including provisions relating to security and confidentiality of the Protected Data; (ii) is effected by way of a legally enforceable mechanism for transfers of Personal Data as may be permitted under DP Laws from time to time;(iii) complies with DP Laws.

Without prejudice to the generality of the foregoing, user consents to Aura processing Protected Data in or from the EEA, provided that Aura maintains for the duration of such processing, a suitable mechanism for transfers of Personal Data as may be permitted under DP Laws from time to time, or there otherwise exists a derogation or safeguard that allows for the processing in accordance with DP Laws.

Records of Processing

We shall maintain complete, accurate and up to date written records of all categories of processing activities carried out on behalf of users containing such information as required under DP Laws and any other information users reasonably require (“Processing Records”), and shall make available to users on request in a timely manner such information (including the Processing Records) as is reasonably required by you to demonstrate compliance by us with its obligations under DP Laws and this Agreement, which you may disclose to the Supervisory Authority or any other relevant authority upon their request. Additionally, we shall implement appropriate technical and organisational measures to ensure a level of security commensurate to the risk, including, as appropriate, measures such as pseudonymisation and encryption of personal data, ensuring ongoing confidentiality, integrity, availability, and resilience of processing systems and services.

Personal Data Breaches

In respect of any Personal Data Breach (actual or suspected), we shall notify the user of the breach without undue delay and provide them without undue delay (wherever possible, within 36 hours of becoming aware of the breach) with such details relating to the breach.

Deletion/Return of Protected Data

We shall without undue delay, at user’s written request, either securely delete or return all the Protected Data to user in hardcopy or electronic form as determined by user after the end of the provision of the relevant services related to processing or, if earlier, as soon as processing by us of any Protected Data is no longer required for our performance of its obligations under this Agreement, and securely delete existing copies (unless storage of any data is required by Applicable Law, and if so Aura shall notify users of this).

External links

We may include the use of third-party resources and/or links to third party websites as part of the Services. We have no control over such sites and resources and, accordingly, you acknowledge and agree that:

(a) we are not responsible for the availability of such external sites or resources;
(b) we do not endorse and are not responsible or liable for any content or other materials available from such sites or resources and;
(c) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or materials available on or through any such site or resource

General

Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.

These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or the website will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

If any provision or part-provision of this agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.

If one party gives notice to the other of the possibility that any provision or part-provision of this agreement is invalid, illegal, or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid, and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

Appendix

Data Processing Details

Description of processing: Aura Life is a content collaboration and storage platform. Aura is a controller of registered users’ Content, which may or may not contain Personal Data, to capture, transfer, store, index, search, audit, provide previews, and otherwise make available documents which users choose to upload to the platform.

Length of processing: Until your account is terminated by you or, following your death, a nominated ‘Trusted Person’.
Purpose of processing: For the performance of the obligations of Aura as set out in this Agreement.
Types of Personal Data being processed: Such Personal Data as registered users upload to the Aura platform.
Special categories of Personal Data being processed: Such special categories of Personal Data as users upload to the Aura platform.
Types of Data Subjects: Users, People invited to become users, and Individuals whose Personal Data is contained in documents uploaded to the Aura platform.

Terms of Use

Aura End User License Agreement