Terms and Conditions of Membership and Privacy Policy
Silver Chord Ltd. (SliverChord)
WWW.SILVERCHORD.ORG
1.Interpretation
a.This website (?the Site?) is operated by SilverChord Limited (company no. 6426561) whose registered office is at PO Box 48591, London NW4 9DL (?We?, ?Us?, ?Our?).
b.References to the singular include the plural and to the masculine include the feminine and vice versa.
c.The headings in these terms and conditions are for convenience only and shall not affect their interpretation.
d.These terms and conditions (?the Terms?) apply to members of SilverChord Limited (?you? ?Your?) and shall be read in conjunction with the Website Terms and Conditions which can be viewed here the Privacy Policy which can be viewed here and any other incidental agreements listed on the Site which you may be required to agree to from time to time and shall together form the agreement between you and us (?the Agreement?).
2.Introduction
a.Silver Chord Limited is an organisation which provides services to its members to allow them to store video messages and other information.
b.It is important that you read and understand the terms of the Agreement before becoming a member. By paying your subscription fee in accordance with Clause 5 below you agree to be legally bound by this Agreement, as it may be modified from time to time.
c.You acknowledge and agree that once you have made payment of the subscription fee we shall have commenced the provision of our services to you and you shall not be entitled to cancel the Agreement under the Consumer Protection (Distance Selling) Regulations 2000 or by such other consumer regulation as may apply from time to time.
3.Registration
a.If you wish to become a member you are required to pay the subscription fee and register with us by completing and submitting the form on our ?Join? page.
b.Once you have registered an account with us, you can log into your account using your username and password selected by you during registration.
c.For the purposes of verifying your identity we may use the data provided by you (whether or not it is personal data, in which case it will be treated in accordance with the Privacy Policy) to establish the veracity of all the information you have provided when registering.
d.If you register your details you are solely responsible for the accuracy, legality, currency and compliance of such detail and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
e.We reserve the right to refuse any membership application in our absolute discretion without giving any reason. In the event that we reject an application after we have received the membership subscription fee we shall within a period of 16 days from the date we receive the registration refund the fee in full.
4.Our services
Upon receipt of your payment and registration in accordance with this Agreement you shall become a member of SilverChord and be entitled to:
a.access your Member Homepage on the Site;
b.upload video and other files together with personal messages and other personal details which shall be password protected and kept on secure servers;
c.post articles in the public section of the site;
d.create your own profile page;
e.view other reference materials and library information pages;
f.receive and view information regarding tips tools and techniques for preparing messages;
g.receive a regular newsletter; and
h.participate in special offers promoted through the site from time to time
5.Payment and membership
a.Standard membership lasts for a period of one year from the date of registration and is annually renewable thereafter. Lifetime membership is granted until 12 calendar months after certificated notice of the death of the member has been sent to SilverChord. Heirs, successors and beneficiaries of a member may renew membership either annually or for their own lifetime for a reduced fee. We must receive payment of the whole of the price for the membership before our services are available to you.
b.Fees are in accordance with the price list set out on the Site from time to time.
c.You can make secure payment for subscription fees via the Site or you can send a cheque made payable to SilverChord Limited to the address at the foot of these Terms.
d.Each quarter, or at some other interval selected by you but not longer than twelve months, we will send an email to your registered address asking you to reply. If we do not receive confirmation within 21 days, we shall be entitled to assume that you are permanently unable to reply because of death or major incapacity. In such event we may attempt to make contact by other means but shall not be obliged to do so.
e.Whilst SilverChord shall use all reasonable endeavours to contact the member using the information recorded in the profile, we shall have no obligation to make extensive or exhaustive enquiries as to the whereabouts of the next of kin. It is expressly understood that responsibility for keeping contact information up to date is the responsibility of the member.
f.If we have determined that the member is not able to service his account because of death or major incapacity we shall be entitled without further investigation to make approaches to the next of kin nominated by the member.
g.In the event that SilverChord reasonably forms the impression that a member is deceased, we will have the right to approach the nominated next of kin sensitively, cautiously and with as much discretion as possible. SilverChord will not be liable for any distress caused by such an approach and will be held harmless in regard to any untimely transmission of data or messages caused by such an approach.
h.Heirs, successors and beneficiaries may use the members profile for three months after they have provided evidence of death after which the account may be closed or renewed at the then current rate.
i.SilverChord will only be obliged to keep member?s records until 12 months after the last confirmation from the member that he is still active.
j.SilverChord will not be liable for any loss caused by a failure to transmit information or documents saved by a member using the service.
k.In the event that we are not able to contact you using the contact information you provided, you expressly authorize us to initiate a dialogue with the contacts you have nominated and absent any evidence to the contrary advise them that you have left a message to be passed on to them after your death.
l.You are solely responsible for the safekeeping of your username and password. SilverChord does not accept any responsibility for unauthorized access to your records or information.
6.Refunds and cancellation
a.You shall not be entitled to a refund of your subscription fee (or any amount thereof which corresponds to an unexpired portion of your membership) in the event that after paying such fee you no longer wish to be a member, do not upload any information or in the event that access to the Site and the services provided by us are restricted or suspended in accordance with Clause 9 below or otherwise.
7.Suspension and termination of membership.
a.We reserve the right to terminate or suspend any aspect of your membership without notice or refund to you should you commit any breach of the Agreement or in our reasonable discretion we believe it is your intention to commit a breach of the Agreement or we believe you are acting in a way which is contrary to the spirit of the Site.
b.We reserve the right to terminate your membership if you upload any material deemed to be offensive or which contravenes the law of any state in which this service is offered. You may not use the site to send offensive abusive or libelous messages to any person or persons whether you know them or not and warrant that all persons you nominate to receive such messages are known to you.
c.We reserve the right to terminate your membership on notice to you at any time in our absolute discretion without giving any reason. In the event that we terminate your membership in accordance with this Clause 7b we shall refund you a pro-rated amount of your subscription fee based on the unexpired portion of your membership.
8.General conduct and warranties
a.You agree that you will not publish the contact information or the information of any other person in the publicly-accessible parts of the Site (whether or not such persons are users of the Site) or elsewhere, or communicate such information to any other person whether in electronic or any other format.
b.You warrant that any information and content posted, uploaded, or otherwise sent by any means by you to the Site shall be legal, decent, honest and truthful, shall not infringe any third party's rights, shall not be obscene, blasphemous or defamatory and shall not contain any viruses or other malicious computer programming routines. Without limiting the above, all information you provide shall be accurate and complete
c.You warrant that you are free to enter into this Agreement and your use of the Site and/or your membership does not violate the terms of this Agreement or breach any applicable laws.
9.License of rights and publicity
a.By submitting content and information to us as described above you agree to grant us a non-exclusive license and all the necessary rights throughout the world to reproduce, edit, change, copy, adapt and otherwise make such content available on the publicly-accessible parts of the Site.
b.You grant us the non-exclusive right to use the content you have submitted to the publicly-accessibly areas of the site including your name, photograph, biographical material and any other content provided by you in connection with the promotion and advertising of our business generally.
c.You waive all moral rights you have in any content and information provided by you to the fullest extent permitted by law.
10.Limitations and liability
a.We are not responsible, and we accept no liability, for any failure, loss, damage or breach arising between you and any person nominated as a contact in your profile in connection with any contractual or other relationship that you create, establish or have with that person or in connection with any transaction that you are discussing, negotiating or concluding with that person. We will not be responsible for any consequential loss or commercial or business loss or loss of profits, goodwill, data or business opportunity. Any liability that we have to you shall be limited to the total of any fees that you have paid to us in relation to the use of the Site or such other service that we may provide from time to time.
b.We shall not be liable to you by reason of any representation (unless fraudulent) and all warranties, conditions or other terms, implied by law are excluded to the fullest extent permissible.
c.In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the any information and related graphics published on the Site.
d.Notwithstanding the foregoing, nothing in this Agreement is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
e.We are not responsible, and we accept no liability, for any failure, loss, damage or breach arising from legal advice, information or counsel you may receive from any website or service advertised on or linked to Silverchord.org or any of its associated sites.
11.Notices
a.Except as otherwise stated, any notices you wish to send to us should be e-mailed to info@silverchord.org. Any notices that we may wish to draw to your attention will be displayed on our Site.
12.Electronic communication
a.When you visit the Site or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13.Events Beyond our reasonable control
a.We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control.
14.Law and jurisdiction
a.This Agreement (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
15.Conflict of terms
a.Except as otherwise expressly provided for in these Terms, to the extent that there is any conflict between any of the other documents which make up the Agreement these terms shall take precedence.
16.Invalidity
a.If any part of the terms of this Agreement is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
17.Assignment
a.We shall be entitled to assign, transfer or sub-contract or in any way make over the benefit or burden of the Agreement to a third party.
18.No waiver
a.A waiver by us of any terms of the Agreement in a particular instance shall not be deemed or construed to be a waiver of such term or condition for the future or affect our rights in respect of any subsequent breach of the terms of this Agreement. All rights and remedies contained in this Agreement shall be distinct, separate and cumulative and no action or inaction by us shall operate to exclude or deprive us of any other rights allowed by law.
19.Third party rights
a.No third party shall be deemed under the Agreement to have enforceable rights by virtue of the Contracts (Rights of Third Parties Act) 1999.
20.Nature of agreement
a.This Agreement shall not constitute a partnership, agency or joint venture between the parties.
SilverChord Limited
PO Box 48591
London
NW4 9DL
UK
For you Today, for them Tomorrow
© Copyright 2008 SilverChord Limited All Rights reserved. Designated trademarks and brands are the property of their respective owners. Use of this Web site constitutes acceptance of the SilverChord User Agreement and Privacy Policy