Terms and Conditions for use of the service

We ask that you take the time to read the terms of conditions for using the service which are set out below and are designed to be easy to understand, fair and reasonable. We would appreciate your understanding that because of the nature of setting up and using an online Tribute Site or Dedication Page that may be intended for perpetual public access, we must have clear conditions regarding authority, content and privacy for both Administrators, contributors and donors.

Where conditions for use are specific to either the Tribute Fund service or our Dedication Pages service, this is indicated below.

Summary Statement of intended use

Our services enable family, friends and colleagues to come together to create a beautiful and loving tribute to a loved one and raise donations in their name for a chosen charity or charities. It must not be used for commercial purposes in any way.

The service is run by MuchLoved, a registered UK charity, in partnership with leading charities and funeral organisations. MuchLoved launched in 2006 as the pioneering online memorial provider offering a free of charge tribute and in-memoriam donation service to assist all bereaved people in remembering loved ones and fundraising in their memory.

Tribute Administrators (Guardians)  – Tribute Service

The Tribute Guardian is the person or people that have agreed to administer a tribute, including its appearance and privacy settings. Where tributes have been created by a Partner organisation or are fundraising for a charity, they will have additional Partner Guardians to help manage the tribute and any donations.

All Tribute Administrators are bound by the terms and conditions for use including the privacy policy.

Tribute Contributors – Tribute Service

Anyone who wishes to contribute to a tribute by uploading messages, stories, pictures, music, video or tribute events will be registered on the service the first time that they choose to do this. Their name and contact details will be shared with the Tribute Administrator(s) so that they can review their contribution and thank or contact them about it.

Dedication Page Administrators – Dedications Service

Administrators of a Dedication Page can manage the messages, images and donations added as dedications to a page.  They are also responsible for the appearance and availability of the page.  

All administrators of Dedication Pages are bound by the terms and conditions for use including the privacy policy.

Dedication Contributors – Dedications Service

Anyone who wishes to make a dedication by adding a message and uploading a picture to a Dedication Page will be asked to provide their name and email address.  Their name and contact details will be shared with the Dedication Page Administrator(s) so that they can review their contribution and thank or contact them about it.

Donors and Donations

Tributes and Dedication Pages can opt to fundraise for a chosen charity and all donations for UK charities are automatically processed online with a fully integrated charity reporting and Gift Aid reclaim service. To run, administer and maintain this facility a fee of 3.2% is deducted by MuchLoved from the gross donation in addition to the third party payment card transaction fee of 1.3%. This online donation processing service is run on a not-for-profit basis and there is no other charge or fee. MuchLoved are committed to keeping donation processing fees fair and reasonable for all Administrators and their donors.

Each Tribute that is fundraising for a charity can have a Donations Contact who is the person or people that have chosen to fundraise for that particular charity, without necessarily administering the Tribute.  If a Donations Contact is added, their name and contact details will be shared with the recipient charity so that they can be thanked and the donations acknowledged.

Donors are able to donate anonymously if they choose, otherwise their name and contact details will be shared with the Administrators(s) so that they can be thanked for donating. There is an additional facility for donors to opt-in to receiving ongoing contact from the charity if they wish.

Fundraising Considerations

Currently the fundraising part of the service can only be used to collect donations for UK charities and all donations and Gift Aid are passed directly to the recipient charity on a monthly basis along with full real-time reporting to both the charity and Tribute Administrator(s).

If you wish the charity to use your donations for a specific purpose, you should let them know and check that they are happy to use the funds for your intended purpose.  As part of the service, we pass on all such requests within the reporting, but we can not be responsible on behalf of the charity for how donations are used.

For more information on fundraising considerations please see the Fundraising Regulator guidance here

Consent

If you are under the age of 18 you must have the consent of a parent or guardian in order to use this service.  For Tribute Administrators, if you are not the next of kin would you, as a courtesy, please ensure that you have their authority to create your tribute.

If you are using the service on behalf of someone else, either as a user or an Administrator, before you disclose the personal information of another person you must obtain that person’s consent to both the disclosure of their personal information and its use in accordance with the terms of use and privacy policy.

Copyright and Material

Tribute Guardians and Contributors retain the copyright over all their uploaded content but grant MuchLoved a worldwide, royalty-free and non-exclusive license in perpetuity to use and reproduce the content. Please make sure that any content you upload does not infringe any other person’s copyright. All Intellectual Property relating to the website is owned by MuchLoved. 

Any material that may be viewed as offensive or otherwise inappropriate may be removed by Administrators or MuchLoved at their sole discretion. This action may include the full removal of a tribute or dedication without notice.

Any re-publication of any part of the website including any content is not allowed without express written permission by MuchLoved. Any breach of this by either individuals, companies or any other organisation will be deemed to be a breach of both the spirit of the service and legal copyright and we reserve the right to take action to protect the interests of both MuchLoved, our Administrators and our users.

Ongoing Website Hosting and Storage

MuchLoved uses leading global hosting solutions to ensure almost 100% uptime service access along with an ongoing backup of key data. All media files are stored separately by our cloud providers to ensure a combination of both fast access and file protection. Information collected is stored in a format suitable for future online display but please note that resolutions of stored images may not be appropriate for subsequent hard copy printing. However we do offer as part of the Tribute Service an option to enable this where wanted.

Data Allowance – Tribute Service

Each Tribute Guardian has an allowance of up to 100mb of data storage which is provided free of charge in perpetuity. If additional storage space is required, this can be obtained for a small fee to cover the additional related hosting costs.

Whilst the intention and expectation is that the service is sufficiently funded so that tributes remain online in perpetuity, you also recognise that you should retain your own independent storage of all information submitted to your tribute site.

Liability

Whilst we try to take reasonable precautions to protect and store your information, MuchLoved cannot be held responsible for any loss or damage, including temporary or permanent loss of access. As part of the contract you agree that MuchLoved (its employees, trustees, partners or anyone connected with the organisation) is not, nor ever will be, liable to you or any third party for any modification, suspension or discontinuance of the service for any reason. 

You warrant that you own all intellectual property rights of content you upload and agree that MuchLoved is not responsible in any way for uploaded content, notwithstanding its authority to remove any inappropriate content at its own discretion, and you also agree to indemnify MuchLoved for any direct or indirect damages claims now or in the future.

Complaints Procedure

We really hope that you are happy with our services and that they meet your needs.  However if we are not getting it right please do let us know.

In the first instance please feel free to speak to the relevant member of our team and often we will be able to give you a response straight away. If you feel this is inappropriate or when the matter is more complicated please write to the Trustees at our registered address.  All written complaints are logged and the aim is to investigate your complaint and give you a reply within ten working days, setting out how the problem will be dealt with. If this is not possible, an interim response will be made informing you of the action taken to date or being considered.

Privacy and Data

MuchLoved are committed to protecting your personal information and respect your privacy. We collect personal information in order to run the service and enable your access and use and have put in place suitable technical and organisational precautions to ensure that your information is secure including the use of secure servers and data encryption.

We use cookies in order to improve the website service, such as helping our website to recognise you when you visit. We also use Google Analytics to analyse use of the website which generates statistical and other website use information.

We may disclose your personal information to the relevant Administrators and partners as reasonably necessary for the purposes set out in the privacy policy. Where we disclose any personal information to partners or other authorised party, they will be obligated to use that personal information in accordance with the terms of the privacy policy. In addition to the above, we may use or disclose your personal information in order to deal with enquiries made by or about you in connection with any legal proceedings or prospective legal proceedings or as required by law or to establish, exercise or defend our legal rights.

The data controller responsible in respect of information collected is MuchLoved Charitable Trust. Please let us know at any time if your personal information needs to be updated or corrected. If you have any questions about how your personal information is treated please contact us at support@muchloved.com or by post at 7 Hill Avenue, Amersham, Bucks, HP6 5BD

The privacy policy is available here.

Updates to Terms and Conditions

MuchLoved reserve the right to update these terms and conditions and all users will remain bound by the amended terms which are governed by UK laws. Your use of the service indicates acceptance of these terms and you can deactivate your tribute and/or account at any time if you do not wish to continue to abide with the terms and conditions of service.

We will update this policy from time to time by posting a new version on our website and by providing visible links at appropriate points throughout the service. You should check this page occasionally to ensure that you are familiar and happy with any changes. If you have any queries whatsoever, please contact us at support@muchloved.com

The current version is dated 7th November 2019 v3.5