Terms of Use

These terms of use are entered into by and between you and Everest Funeral Concierge (UK) Limited (“Everest”, “we”, “our”, “us”) and, together with any documents, agreements or policies referred to below (collectively, “Terms of Use“), govern your access to and use of https://everestfuneral.uk/ (the “Website“). The term “you”, as used in these Terms of Use, means any person or entity who accesses or uses this Website.

Please read these Terms of Use carefully before you start to use this Website. By accessing, browsing or registering with this Website, you accept and agree to be bound by these Terms of Use.

For the avoidance of doubt, separate terms of use governing your use of services and/or products we provide to you may also apply (“Terms of Service“). In the event of any conflict between these Terms of Use and any applicable Terms of Service, the Terms of Service shall prevail.

Product Availability

The products and services described on this Website are as offered and are provided by Everest, its sub-contractors or partners. They are available and provided only for use in the United Kingdom. Use of this Website is restricted to persons who are currently residents of the United Kingdom. If you access the Website from outside the United Kingdom, you do so at your own risk.

Information Accuracy

All information on this Website is subject to change without notice. Whilst we strive to provide accurate and up-to-date information, Everest, its employees, directors, officers and affiliated companies make no warranties or representations as to the accuracy or completeness of any information provided on this Website and assume no liability or responsibility for any errors or omissions. Information provided by Everest is not to be construed as legal, tax, or other professional financial advice.

Amending these Terms of Use

These Terms of Use may be changed, modified, added to or deleted in whole or in part at any time in our sole discretion. Users will be notified of any changes to these Terms of Use by us posting notice of such changes on this Website or sending notice via email or postal mail. The continued access and browsing following notice of such change means that you agree to and accept the Terms of Use as amended. If you do not agree to any modification of these Terms of Use you must immediately stop accessing and browsing this Website.

Accessing the Website

Access to this Website is provided free of charge. We reserve the right to withdraw, suspend or amend all or any part of the Website, and any service, functionality or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason if all or any part of the Website is unavailable at any time or for any period.

Rules of User Conduct

You agree that this Website and the accompanying information and services are offered for personal use only and, accordingly, you agree not to use them for any commercial purpose. You also agree not to do any of the following with respect to this Website:

• Provide any information, material or content or engage in any communication in any manner or form that is unlawful, libellous, abusive, offensive, obscene, racist, discriminatory or otherwise objectionable.
• Violate any applicable law, regulation, ordinance or other rule imposed by any governmental authority or conspire with others to violate any, or interfere with any other party’s use of this Website.
• Upload, transfer or use any information, material, data or other content that would violate the intellectual property rights of another person, including without limitation rights in trademarks, copyrights, patents, trade secrets, inventions and other proprietary rights in any part of the world.
• Violate the publicity rights or privacy of another person or party.
• Upload, use, release or communicate any information or content that is the confidential information of another person or that you are contractually bound not to disclose without that person’s consent.
• Upload or use any information, material, data or other content that depicts the exploitation of any individual or scandalous subject matter.
• Upload or use any information, material, data or other content that is false or misleading.
• Impersonate, misrepresent or falsely identify your identity, including the use of false headers and sender information in emails.
• Knowingly upload, use, transmit or otherwise make available any material or content, including software programs, that may include software viruses, trojan horses, code or any other component that could disrupt or harm, or that is intended to disrupt or harm, Everest’s server or the Website provided hereunder.
• Transfer your registration with this Website to any other individual or party.
• Modify the content posted or uploaded by another person on this Website.
• Claim ownership of any content or accounts that do you not rightfully own.
• Access or attempt to access or reverse engineer any software used in the operation of this Website.

You acknowledge and agree that Everest may remove or suspend your access to this Website and any services provided therein in the event that you breach any provision of these Terms of Use, including these Rules of User Conduct.

Privacy

The privacy of your confidential information is important to Everest. All information we collect on the Website is subject to our Privacy Policy. We will process your personal data collected through the Website in accordance with the Privacy Policy. Please click here for more information regarding our Privacy Policy.

Registration

By registering with or using this Website, you agree that all information that you provide to Everest will be truthful and accurate as well as current and complete. You agree to update promptly your personal registration information upon any and all changes.

Ownership of Intellectual Property

The Website and its entire contents, features and functionality are owned by or licensed to Everest and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The Website and its entire contents, features and functionality may not be reproduced, downloaded, redistributed, modified or extracted (in whole or in part) without our prior written consent, which may be withheld at our sole discretion

This Website contains trademarks, names, package designs, copyrights and other intellectual property or proprietary rights which are either owned by or licensed to Everest and/or its group companies, including but not limited to Everest and the Everest logo. Nothing in these Terms of Use shall be construed as granting to you any license to or ownership rights in the intellectual property found on this Website.

Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other intellectual property laws, for which you will be responsible.

Everest Funeral Concierge (UK) Limited and its group companies have no affiliation with Everest Re Group, Ltd., Everest Reinsurance Company or any of their affiliates.

Links

If you decide to access any of the third-party websites or services linked on this Website, you do so entirely at your own risk. Where this Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. By linking to a site or permitting a link to this Website, none of Everest, or its employees, directors, officers and affiliated companies endorses the site operator or the content of the linked site and accept no liability for the same.

Disclaimer

EVEREST, ITS EMPLOYEES, DIRECTORS, OFFICERS AND AFFILIATED COMPANIES SHALL NOT BE LIABLE FOR ANY LOSSES, CLAIMS, DAMAGES OR COSTS OF ANY KIND WHICH YOU SUFFER AS A CONSEQUENCE OF USING OR BEING UNABLE TO USE THIS WEBSITE. THIS WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVEREST DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE WEBSITE SAFE, EVEREST DOES NOT WARRANT THAT THE FUNCTIONS OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVEREST ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY TECHNICAL PROBLEM, DELAY, DISRUPTION IN SERVICE OR ANY OTHER MALFUNCTION THAT MAKES THE WEBSITE UNAVAILABLE, AND EVEREST WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, LOSS OF ANY CONTENT OR ANY LOSS OF DATA RESULTING FROM SUCH USE. YOUR USE OF ANY CONTENT FROM THIS WEBSITE IS AT YOUR OWN RISK AND DISCRETION AND EVEREST WILL NOT BE RESPONSIBLE FOR ANY HARM, DAMAGE OR LOSS ARISING OUT OF YOUR USE OF THE CONTENT.

THE FOREGOING DOES NOT AFFECT ANY CONDITIONS, WARRANTIES OR TERMS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, SUCH AS THE CONSUMER RIGHTS ACT 2015.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EVEREST OR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, EVEN IF EVEREST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SAVE THAT NOTHING IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE LIABILITY: (i) FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE, (ii) FOR FRAUD OR FRAUDULENT MISREPRESENTATION ON OUR PART OR (iii) WHERE LIMITATION OR EXCLUSION IS NOT PERMITTED BY LAW.

Indemnification

You agree to reimburse us in respect of any claims, damages, costs, losses and expenses (including reasonable legal fees) which we suffer as a result of your use of the Website (or its content) in breach of these Terms of Use. This includes, without limitation, breach of the Rules of User Conduct.

Applicable Law

These Terms of Use are governed by the laws of England and Wales. You agree that you (and we) will only bring legal proceedings in respect of these Terms of Use in the courts of England and Wales. However: (i) if you live in Scotland, you can bring legal proceedings in either the Scottish courts or the courts of England and Wales; and (ii) if you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish courts or the courts of England and Wales.

Waiver

No delay by Everest to enforce its rights under these Terms of Use shall be deemed a waiver of such rights.

Severability and Entire Agreement

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable for any reason, such provision shall be deemed severed from these Terms of Use such that it shall not affect the validity and enforceability of the remaining provisions of these Terms of Use, which shall continue in full force and effect.

These Terms of Use constitute the sole and entire agreement between you and us with respect to your use of the Website and supersede all prior understandings, agreements, representations and warranties, both written and oral, with respect to the same.

Contact Us

This Website is operated by Everest Funeral Concierge (UK) Limited, a company registered in England and Wales with registration number 14351473 and with registered office address located at 21 Holborn Viaduct, London, United Kingdom, EC1A 2DY. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: contact@everestfuneral.com.