Terms and Conditions
27 August 2022
1. General Information
1.1. TribuCode Products and Services
These terms and conditions ('Terms', 'Agreement') are an agreement between TribuCode ('Mobile Application Developer', 'us', 'product', 'we' or 'our') and you ('User', 'you' or 'your'). This Agreement sets forth the general terms and conditions of your use of the TribuCode mobile application, website and any of its products or services (collectively, 'mobile application', 'app', 'website', 'products' or 'services'). When you use or access any of our Services, you agree to be bound by these Terms and all applicable laws, rules and regulations. The term “Device” refers to the device which is used to access the Products including but not limited to computers, smart phones and tablets. You may also be asked to click “I accept” at the appropriate place prior to your purchase or of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete a purchase or gain such access. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using any of our Services.
If you have any questions regarding these Terms or any other concerns about these Services, please contact email@example.com.
1.2. Changes to Terms
TribuCode reserves the right to change or update these Terms or any of our policies relating to the Mobile Application and/or Services at any time. Thus, you are advised to review this page periodically for any changes. Any changes or updates will be effective immediately, or otherwise stated, upon posting on TribuCode's Twitter account.. Your continued use of the Products constitutes your agreement to abide by the Terms as changed.
1.3. Basis of License
(a) These Terms and the Product set out the whole agreement between you and us for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
(b) Please check that the details in these Terms and on the Product are complete and accurate before you use or commit yourself to purchase the Products. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by a team member of TribuCode.
(c) AS PART OF YOUR USE OF THE PRODUCTS, YOU AGREE TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN WESTERN EUROPE, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN WESTERN EUROPE FOR THE PURPOSES OF PROCESSING PAYMENTS. BY USING THE PRODUCTS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT WESTERN EUROPE MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXISTS IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN WESTERN EUROPE. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.
2. Memberships and Subscriptions
2.1. Becoming a Member
(a) You may sign up as a registered user of the Products (a “Member”). To become a Member you need to go to the relevant section of the Products, then submit your first name, last name and email address to us, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one Member account.
(c) By registering for a TribuCode account, the Products, you warrant that: (i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Products does not violate any applicable law or regulation.
(d) You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Services. Individuals under the age of 18, are not allowed to use this Service unless with the involvement and consent of a parent or legal guardian, under such person's account, and otherwise subject to these Terms.
2.2. Once a Member
You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
(a) As a TribuCode Member you will receive access to certain sections, features and functions of the Products that are not available to non-members.
(b) TribuCode membership accounts and subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or free accounts or subscriptions.
(c) We may, but have no obligation to, monitor and review accounts activity to verify our services are being used correctly.
(d) You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for omissions.
2.4. Subscriptions and Plans
(a) TribuCode account holders may access the Products via “TribuCode Plans” (Plans), a subscription fee-based program, which gives access to all content within the Products. You will only have access to Plans while your paid subscription is active and subsisting.
We may offer a free trial period of Products Plans, which automatically converts to a paid annual or u monthly subscription term after a certain period of time. In such instances, you can disable the automatic conversion by following the cancellation instructions set forth in section 3 prior to the date of conversion.
You may access Plans in the following ways: by purchasing a subscription to the Products from within the Apps, where allowed by the App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple's applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google's applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them.
(b) You may access Plans via a monthly or annual subscription option. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
(c) Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that the Apple iTunes Store or Google Play store is authorized to charge the same credit card as was used for the initial subscription fee or other payment method. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month's subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
(d) Our “Yearly” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that the Apple iTunes Store or Google Play store is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
(e) You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
(f) In the course of your use of the Products, TribuCode and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card.
(g) You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received from the Payment Method you provided, you agree to pay all amounts due upon demand by them. You agree that you are not permitted to resell any Products purchased through TribuCode for commercial purposes, unless you have explisit permission from us, or you are an authorised business account holder.
2.5. Changing Fees and Charges
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
3. Cancellation of Services
3.1. Cancellation By You
(a) You may cancel a Plan at any time. Cancellation is effective at the end of the applicable monthly or yearly period.
If you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
3.2 Cancellation By Us
(a) We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services and we may block your email address to prevent further use of our services.
(b) We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.
3.3 Promotion and Discount Codes
Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.
4. Prohibited Use of The Products
4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.
4.2 You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
4.3 By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
4.4 You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent from Ashley Richards.
5. Availability of Products
5.1 Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at firstname.lastname@example.org and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
5.2 Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can.
6.1. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all images, documents and text.
6.2. Every memorial does not guarentee lifetime availability. Each memorial will be active for the duration of your selected plan and/or whilst TribuCode services is operating. If in the future TribuCode services were to cease, all data will be deleted and any active memorials will be termined. No compensation, refund of any kind will be given.
6.3. If your plan has expired and you have not logged into your account within 16 days, all your memorials will be archived. Whilst archived, no one can view your memorial, you can not edit or review tributes until you have activated a new plan. These additional 16 days is Apple's Billing Grace Period.
6.4. If you have still not subscribed to a plan after a further 28 days since being archived, all archived memorials data, images and documents will be permanently deleted from your account and server. Once deleted, this can not be undone. It is the responsibility of the account holder to review their account regulary before the end of the archive period to avoid any disruptions to their account and/or memorials.
6.5. The death certificate is for review purposes only. It is used to validate the memorials authenticity and is never publicly shared.
6.6. The death certificate will be held on the secured server for the whole duration of the memorial being published/approved. If the memorial is deleted, the certificate is deleted.
6.7. You are responsible for the location accuracy for the funeral in Funeral Details.
7. Accuracy of Information
7.1. Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Mobile Application, website or on any related Service is inaccurate at any time without prior notice.
7.2. We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law.
7.3. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or on any related Service has been modified or updated.
8. Uptime Guarantee
8.1. The uptime guarantee is dependent upon Firebase's services.
8.2. We are not responsible for sudden outages that are or may be caused as a result of Firebase's services.
8.3. The uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
9. External Links
9.1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
9.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless you have written permission to do so from TribuCode. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Products other than that set out above, please address your request to email@example.com
10. Products Disclaimer
The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
11. Intellectual Property Rights
11.1. This Agreement does not transfer to you any intellectual property owned by Mobile Application Developer or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Mobile Application Developer.
11.2. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Mobile Application Developer or Mobile Application Developer licensors.
11.3. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third parties.
11.4. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Mobile Application Developer or third-party trademarks.
12. Support Use
When getting in contact via our support site, responses to your queries are dependent upon the quality of the message you send. Please give as much detail as you can to help aid and answer your query. Once we have responded to you, it is your responsibility to reply within two weeks. Failure to respond or have an antique question about the related Service will result in your message being discarded or resolved. However, if you reply to your message after two weeks have passed, your message will reopen and we will continue to investigate and/or assist you with your enquiry. Any further messages will continue to require a response within the two-week window.
13. Disclaimer of Warranty
13.1. You agree that your use of our Mobile Application or Services is solely at your own risk.
13.2. You agree that such Service is provided on an "as is" and "as available" basis.
13.3. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
13.4. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.
13.5. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
13.6. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service.
13.7. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
14. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Mobile Application Developer, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Mobile Application Developer has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Mobile Application Developer and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater than one British pound sterling or any amounts actually paid by you to Mobile Application Developer for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
16. Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Sussex, United Kingdom without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United Kingdom. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Sussex, United Kingdom, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.