Terms and Conditions

1. About FuneralBranch

FuneralBranch is a trading name of Ownleaf 2 Ltd, a company registered in England and Wales under company number 15845475.

Our registered office is:

Ownleaf 2 Ltd
International House
46 The Priory Queensway
Birmingham
England
B4 7LR

In these Terms, “FuneralBranch”, “we”, “us” and “our” mean Ownleaf 2 Ltd trading as FuneralBranch.

2. About these Terms

These Terms apply to:

• your use of funeralbranch.com;
• your use of funeralbranch.app;
• any FuneralBranch account created for you; and
• any FuneralBranch products or services ordered by you or your organisation.

FuneralBranch is intended for funeral directors and other business users. It is not offered to consumers for personal or household use.

By creating an account, accepting an order, signing a proposal or using the FuneralBranch application, you agree to these Terms. If you use FuneralBranch on behalf of an organisation, you confirm that you have authority to accept these Terms on its behalf.

Your “Order Form” means any proposal, order form, subscription confirmation or other written agreement describing the services you have ordered.

If there is a conflict:

• an Order Form takes priority for the services, prices and other commercial matters covered by it;
• an agreed Data Processing Agreement takes priority for the processing of personal information; and
• these Terms apply to everything else.

3. The FuneralBranch service

FuneralBranch provides digital products and services for funeral directors. Depending on the services ordered, these may include:

• website and content-management tools;
• obituary publishing tools;
• payment functionality;
• Google Business Profile integrations;
• Google review widgets;
• Google Search Console and website-performance dashboards;
• performance reports; and
• SEO information and advice.

The services included in your subscription will be described in your Order Form or FuneralBranch account.

We will provide the services with reasonable care and skill.

We may update or improve the services from time to time. We may also change or discontinue a feature where reasonably necessary because of security, legal, technical or third-party service requirements.

Any specific service level, support commitment or delivery timetable applies only where it is stated in an Order Form.

4. Accounts and authorised users

Users must be at least 18 years old and must use FuneralBranch for business purposes.

You must:

• provide accurate account information;
• keep passwords and magic links secure;
• allow access only to people authorised by your organisation;
• promptly remove access for people who no longer require it; and
• notify us promptly if you suspect unauthorised access to your account.

You are responsible for activity carried out through your account by your authorised users.

You must not share an individual user account between multiple people where separate accounts are available.

5. Your responsibilities

You are responsible for:

• deciding how your organisation uses FuneralBranch;
• ensuring that your use of the service complies with applicable law;
• ensuring that instructions given to FuneralBranch are lawful;
• checking information before publishing or relying on it;
• maintaining appropriate notices, policies and terms on websites operated by your organisation; and
• keeping copies of important content where reasonably practicable.

You must not use FuneralBranch:

• for an unlawful or fraudulent purpose;
• to infringe another person’s intellectual-property, privacy or other rights;
• to upload malicious code;
• to attempt to gain unauthorised access to any system or account;
• to interfere with the operation or security of the service;
• to scrape, reverse engineer or reproduce the service except where expressly permitted by law;
• to send spam or unsolicited communications; or
• in a way that could damage FuneralBranch, our customers or a third-party service provider.

6. Customer content

“Customer Content” means information, text, photographs, documents and other material uploaded or supplied by you or on your behalf through FuneralBranch. This may include obituary text, photographs and information relating to deceased people or their families.

As between you and FuneralBranch, you retain any rights you have in Customer Content.

You give us a non-exclusive, worldwide and royalty-free licence to host, copy, process, transmit, back up and display Customer Content solely as necessary to:

• provide the services;
• publish content according to your instructions;
• support and secure the services; and
• comply with our legal obligations.

You confirm that:

• you have the necessary rights, permissions and authority to provide the Customer Content to us;
• our use of the Customer Content according to your instructions will not infringe another person’s rights;
• the Customer Content is not unlawful or misleading; and
• you have provided any privacy information or obtained any permission required from living individuals whose personal information appears in the Customer Content.

We may suspend access to or remove Customer Content where we reasonably believe it is unlawful, infringes another person’s rights, breaches these Terms or creates a security or legal risk. Where appropriate, we will notify you and give you an opportunity to respond.

7. Google integrations

You may choose to connect an authorised Google account to FuneralBranch.

By connecting Google, you instruct and authorise us to access, retrieve, process and display information made available through the permissions you grant. This may include Google account information, Google Business Profile information, reviews, performance information and Google Search Console information.

You confirm that you are an owner, manager or other authorised representative of each Google Business Profile, location and Search Console property you connect.

We will use connected Google information only to provide the FuneralBranch features you have requested, such as:

• dashboards;
• reports;
• review widgets;
• Business Profile performance information;
• website-search performance information; and
• SEO assistance requested by you.

Unless expressly agreed with you and separately authorised, FuneralBranch will not publish review replies or modify Google Business Profile information on your behalf.

You may disconnect Google through your FuneralBranch account. Disconnecting Google will stop the relevant connected features but will not automatically cancel your FuneralBranch subscription.

Your use of Google services remains subject to Google’s own terms and policies. Google is an independent third party and does not sponsor or endorse FuneralBranch.

Google may change, restrict or discontinue its services or APIs. We are not responsible for the availability, accuracy or continued operation of a Google service, although we will take reasonable steps to manage resulting changes to FuneralBranch.

8. Payment functionality for funeral director websites

Where included in your services, FuneralBranch may enable payments through Stripe Elements and Stripe connected or Express accounts.

Payment-card information entered through Stripe Elements is provided directly to Stripe. Unless otherwise agreed, funds are paid to the funeral director’s connected Stripe account and are not held by FuneralBranch.

Your organisation is responsible for:

• maintaining its Stripe account;
• setting prices and payment terms;
• issuing any required receipts or invoices;
• handling refunds, disputes and chargebacks;
• responding to the payer or customer;
• complying with tax and accounting obligations; and
• providing legally required information to families and other payers.

The underlying transaction is between your organisation and the person making the payment. FuneralBranch is not the funeral-services provider and is not a party to that transaction.

Stripe may apply its own terms, fees, verification requirements and restrictions. We are not responsible for Stripe declining, delaying, refunding, suspending or otherwise managing a payment or connected account.

9. Fees and subscriptions

The following will be set out in your Order Form or subscription confirmation:

• the services ordered;
• applicable fees;
• billing frequency;
• subscription start date;
• minimum term, if any;
• renewal arrangements; and
• cancellation or notice requirements.

Unless stated otherwise, fees exclude VAT and any other applicable taxes.

You must pay valid invoices by their stated due date. We may suspend paid services following reasonable notice where an undisputed invoice remains overdue.

Ending or disconnecting an individual integration does not automatically cancel other services or your wider FuneralBranch subscription.

10. Data protection and privacy

Our Privacy Policy explains how we use personal information for our own purposes, including information about account users, enquiries and business administration.

Where FuneralBranch processes personal information on behalf of your organisation, the parties will comply with the applicable Data Processing Agreement or other agreed data-processing terms.

You are responsible for ensuring that:

• you have an appropriate legal basis for personal information you submit to FuneralBranch;
• your instructions to us comply with data-protection law;
• individuals receive any privacy information your organisation is required to provide; and
• you do not ask us to process personal information unlawfully.

11. Intellectual property

FuneralBranch and its licensors own all intellectual-property rights in:

• the FuneralBranch application;
• the underlying software and technology;
• the design and structure of the service;
• FuneralBranch documentation; and
• the FuneralBranch name, branding and logos.

During your subscription, we give you a limited, non-exclusive, non-transferable and revocable right to use the services for your organisation’s internal business purposes.

You must not, except where permitted by law or expressly agreed by us:

• copy or reproduce the service;
• sell, sublicense or make the service available to an unauthorised third party;
• remove ownership notices;
• attempt to discover source code;
• circumvent usage or security restrictions; or
• use our branding in a way that suggests an unauthorised partnership or endorsement.

We do not claim ownership of Customer Content or of information belonging to Google, Stripe or another third party.

12. Confidentiality

Each party may receive non-public business, technical or commercial information belonging to the other.

Each party will:

• keep the other party’s confidential information secure;
• use it only for the purposes of the contractual relationship; and
• disclose it only to personnel, advisers and service providers who need it and are subject to appropriate confidentiality obligations.

This does not apply to information that is already public through no breach of these Terms, was lawfully known to the receiving party, was independently developed, or must be disclosed by law.

13. Availability and results

We aim to provide a reliable service, but we do not guarantee that FuneralBranch will always be uninterrupted or error-free.

Access may occasionally be affected by:

• maintenance;
• security incidents;
• internet or infrastructure failures;
• third-party service outages;
• changes to third-party APIs; or
• events outside our reasonable control.

We do not guarantee:

• any particular Google search position;
• increased website traffic;
• increased enquiries, reviews or revenue;
• that third-party data will always be complete or current; or
• any particular commercial outcome from SEO information or advice.

SEO reports, rankings and performance information should be treated as indicators rather than guaranteed future results.

14. Suspension and termination

You may cancel or terminate paid services in accordance with your Order Form.

Either party may terminate the contract where the other party materially breaches it and does not correct the breach within 14 days after receiving written notice requiring it to do so.

We may suspend some or all access immediately where reasonably necessary to:

• protect the security of FuneralBranch or its users;
• prevent unlawful or fraudulent activity;
• comply with law or a binding instruction;
• respond to a serious breach of these Terms; or
• address a requirement imposed by a third-party service provider.

Where reasonably possible, we will notify you of a suspension and explain what is required to restore access.

When the contract ends:

• your right to use the relevant services ends;
• outstanding fees remain payable;
• you should export any information you require before access ends; and
• information will be returned, retained or deleted in accordance with the Privacy Policy, applicable Data Processing Agreement and legal requirements.

Provisions intended to continue after termination, including confidentiality, intellectual property, payment obligations and liability provisions, will remain in effect.

15. Liability

Nothing in these Terms excludes or limits liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation; or
• any other liability that cannot lawfully be excluded or limited.

Subject to the above, FuneralBranch will not be liable for:

• loss of profit;
• loss of revenue;
• loss of anticipated savings;
• loss of business opportunity;
• loss of goodwill; or
• indirect or consequential loss.

Subject to the first paragraph of this section, FuneralBranch’s total aggregate liability arising out of or in connection with the contract in any 12-month period will not exceed the greater of:

• £500; and
• the total fees paid or payable by you for the affected services during that 12-month period.

A different liability cap may apply where expressly stated in an Order Form or Data Processing Agreement.

Nothing in this section limits your obligation to pay fees properly due.

16. Changes to these Terms

We may update these Terms to reflect changes to:

• the services;
• applicable law;
• security requirements;
• third-party services; or
• our business operations.

The latest version will be published on funeralbranch.com.

For existing paid customers, a material change will normally take effect on renewal or after reasonable notice. A change may take effect sooner where necessary for legal, regulatory or security reasons.

17. General terms

The contract between you and FuneralBranch consists of these Terms, the applicable Order Form and any incorporated Data Processing Agreement.

If any part of the contract is found to be invalid or unenforceable, the remaining provisions will continue in effect.

A delay in enforcing a right does not waive that right.

Nothing in the contract creates a partnership, employment relationship, joint venture or agency between the parties.

A person who is not a party to the contract has no right to enforce it under the Contracts (Rights of Third Parties) Act 1999.

Neither party is responsible for a failure or delay caused by circumstances outside its reasonable control.

18. Governing law

These Terms and any dispute or claim arising from them are governed by the laws of England and Wales.

The courts of England and Wales will have exclusive jurisdiction over any dispute or claim arising from the contract.

19. Contacting us

Questions about these Terms can be submitted using the contact details published on funeralbranch.com.

You may also write to:

Ownleaf 2 Ltd
International House
46 The Priory Queensway
Birmingham
England
B4 7LR