Terms & Conditions – McNallys Funeral Directors
Last Updated: 30 May 2018
A Legal Agreement
These terms and conditions (“Terms”) are a legal agreement between you, either an individual or a single legal entity (“You”) and McNallys Funeral Directors (“Us”, “We”).
These terms govern the use of any of the products and services provided directly by McNallys Funeral Directors. It includes all of the websites (“Sites”). Collectively, the Sites, and the Services may also be referred to as the “Products”.
By clicking “I Agree” or other equivalents and similar buttons or checkboxes, or by using any Products, you agree to these Terms. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms.
If you do not agree to these Terms, then do not indicate acceptance and do not use our Services/Products.
Company and Service
‘McNallys Funeral Directors’ is the registered legal entity with which you enter into this agreement. Throughout this document, or any supplemental documents as provided by any products or services, this name may be used interchangeably with Product names.
These names may be used interchangeably but they refer to the one registered entity: McNallys Funeral Directors.
Please note that these are the common Terms for all Services from McNallys Funeral Directors and will be linked to by all respective product for which there are additional/supplemental Terms.
To access the supplemental Terms for these services, please follow the links below:
- McNallys Funeral Directors – https://www.mcnallysfuneraldirectors.ie/
Privacy and Data Policy
Each individual Service may or may not have supplemental Privacy Policies. These will be explicitly provided and detailed if this is the case.
E.U. General Data Protection Regulation (GDPR)
McNallys Funeral Directors is committed to full and comprehensive compliance with both the spirit and to the letter of the E.U. GDPR Regulations.
Passwords & Security
You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts where applicable. You must notify McNallys Funeral Directors immediately of any unauthorised use of your accounts or any other security breach related to the Service. If McNallys Funeral Directors determines that a security breach has occurred or is likely to occur, McNallys Funeral Directors may suspend your accounts and require you to change your usernames and passwords.
Use of Services
Subject to these Terms, McNallys Funeral Directors grants you a limited, non-exclusive, non-transferable and revocable license to access the Site and use the Services. You acknowledge that certain third party code may be provided with the Software and that the license terms accompanying that code will govern its use.
You acknowledge that McNallys Funeral Directors or third parties own all rights, title and interest in and to the Products, including all intellectual property rights. Except for the license granted in these Terms, McNallys Funeral Directors and its licensors retain all rights in the Products, and no implied licenses are granted to you.
You specifically agree that you will not, nor will you permit another person to:
- sub-license, lease, rent, loan, transfer or distribute any portion of the Services unless given permission by McNallys Funeral Directors;
- modify, adapt, translate or create derivative works from the Services unless given permission by McNallys Funeral Directors; or
- remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed on our website.
We may occasionally send you emails related to the purchase of product(s) from our company. We may also send you occasional email newsletters relating to Our Service updates, promotions, and the like. We will never sell or release your email to any third party vendors. You may opt out of these emails at any time without penalty.
You will only ever receive such communications from us if you have explicitly and actively opted in to receive such communications from us.
Website & Plugin Content
All content found on websites owned and operated by McNallys Funeral Directors, and throughout the Products including images, documentation, support queries and any other information is property of McNallys Funeral Directors and may not be redistributed without permission or consent.
We reserve the right to modify, change, cancel or upgrade a Service price key without prior notice or consent. Prices of all services are subject to change without prior notice or consent.
Your account may, at the sole discretion of McNallys Funeral Directors, be suspended, un-suspended, or deleted at any time when it is suspected to be in violation of these Terms or suspected to be relating to fraudulent or abusive activity of any kind. Fraudulent and Abusive activity may constitute, but are not limited to:
- fraudulent payments for Paid Account services.
- abuse of the software, products and usage.
- sharing of accounts with other people, e.g. multiple logins from multiple locations
- attempts at attacking/hacking/cracking the service or any of the related McNallys Funeral Directors infrastructure.
Further, McNallys Funeral Directors has a zero-tolerance policy and approach to exhibitions of abusive and/or threatening behaviour to other users or its own staff.
Compliance with Laws & Acceptable Use
You are solely responsible for your conduct related to the Service. You specifically agree that you will not use the Services to:
- violate any laws or regulations;
- infringe the intellectual property or other rights of third parties;
- transmit any material that contains viruses or other harmful computer code or files such as Trojan horses, worms or time bombs.
Intellectual Property Protection
McNallys Funeral Directors respects the intellectual property of others and requires that users of the Service do the same. When you use the Products, you may not upload, store, share, display, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. In appropriate circumstances, McNallys Funeral Directors will terminate the accounts of repeat infringers.
This indemnity obligation will survive the termination or expiration of your account and these Terms. You agree to defend, indemnify, and hold McNallys Funeral Directors, its suppliers, resellers, partners and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees and costs, in connection with:
- your use of the Services;
- your violation of these Terms;
- your violation of any third party right, including any intellectual property right; or
- any claim that use of your backup data caused damage to a third party.
Changes to The Service & Terms
McNallys Funeral Directors reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part, without notice. While not obligated to do so, McNallys Funeral Directors will use commercially reasonable efforts to notify you of any such action by sending you an e-mail, an in-client message or by posting relevant information on the Site. McNallys Funeral Directors reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any services following any such modification constitutes your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Site. If you do not agree to be bound by these Terms, you must stop using the Services immediately.
Term & Termination
These Terms, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by following the instructions on the Site and discontinuing use of the Products. If you have a Free Account, McNallys Funeral Directors may terminate your account and these Terms immediately and without notice if you fail to comply with these Terms. If you have a Paid Account, McNallys Funeral Directors may terminate your account and these Terms immediately and without notice if you fail to renew your subscription, fail to pay any fees or invoices after ten days when due, or otherwise fail to comply with these Terms. On termination or expiration of your account or these Terms, you will no longer have the right to continue to use the Services, and you will no longer be able to access and restore your backup data. Also, you specifically agree that McNallys Funeral Directors has no obligation to provide you or anyone else with a copy of your backup data and may automatically purge your backup data from McNallys Funeral Directors systems.
Disclaimer of Warranties
All services, products, sold and distributed by McNallys Funeral Directors are done so in the hope that they will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU SPECIFICALLY AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. McNallys Funeral Directors, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, McNallys Funeral Directors, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE PRODUCTS WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE PRODUCTS WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE PRODUCTS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Limitation of Liability
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU SPECIFICALLY AGREE THAT McNallys Funeral Directors, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS OR IN ANY WAY RELATING TO THE PRODUCTS. IF YOU HAVE A PAID ACCOUNT OR ENTERPRISE ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF McNallys Funeral Directors, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO THE AMOUNT PAID FOR THAT ACCOUNT DURING THE TWO (2) YEAR PERIOD BEFORE THE RELEVANT CLAIM. IF YOU HAVE A FREE ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF McNallys Funeral Directors, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO FIFTEEN EUROS (€15). YOU SPECIFICALLY AGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND McNallys Funeral Directors.
By purchasing our product(s), you indicate and consent that you have read and agree to the Terms & Conditions listed and detailed on this page. We reserve the right to change or modify the current Terms and Conditions without prior notice or consent.
If any part of this agreement is declared unenforceable or invalid, all remaining clauses in this agreement shall remain binding on the customer.