Please note that these Terms and Conditions are in addition to our website Conditions of Use.
1. Definitions
For the purposes of these Terms and Conditions, the following words have the following meanings:
“Agreement” means the Agreement to Webcast which includes the Terms and Conditions;
“Cost” means the cost of the Webcasting Service;
“Customer” means a person or group or other entity who is receiving or has received a service from you including but not limited to a webcasting service;
“Event” means the memorial service, funeral or other allowed event to be or being or that has been Webcast using our Webcasting Service;
“Terms and Conditions” means these terms and conditions, as amended from time to time;
“User” means a person, group or entity who visits the Website with the intention of viewing a public webcast or has been nominated by the Customer to view a private webcast as arranged by you using our Webcasting Service;
“Webcast” means a transmission over the Internet of a recording of a funeral service or other similar event created for viewing from the Website;
“Webcasting Service” means the webcast service provided by
absentFriends.com;
“Website” means the website operated by
absentFriends.com at a site nominated by
absentFriends.com; and
“You” and
“Your” means the person or entity using the Webcasting Service and the Website.
2. Webcasting Service
2.1 Subject to the Terms and Conditions we will, following online application by you for our Webcasting Service, use our best endeavours to webcast the Event live to the Customer and/or User unless the Agreement is terminated in accordance with the Terms and Conditions.
2.2 We may vary the Webcasting Service from time to time at our discretion.
2.3 If we are unable to provide the Webcasting Service for any reason, we will, on application from you, refund the cost of the Webcast paid by you to us but not provided by us.
3. Availability and Cost of Service
3.1 We may vary all or any of the Webcasting Service at our sole discretion
3.2 We may vary the Cost/s of all or any of the Webcasting Service at our discretion.
3.3 If any Tax is payable by us in relation to the provision of the Webcasting Service, we will increase the amount payable by you on account of the Tax.
“Tax” means any tax including any goods and services tax, withholding tax, charge, rate, duty or impost imposed by any authority, but does not include any income or capital gains tax.
3.4 Access to delayed Webcasts will be within twelve (12) hours of the date and time of the funeral.
4. Termination
4.1 You may terminate the Agreement at any time by advising us in writing. In such an event, you are not entitled to a refund of monies paid to us.
4.2 We may terminate the Agreement at any time. In such an event, we will, on application from you, refund you any monies paid.
5. Authorisation, Content and Warranty
5.1 You authorise us to record and/or Webcast your event.
5.2 We may review the recording of the event and edit or delete any material for any reason at our sole discretion without your consent.
5.3 You undertake that the event will not contain material that is defamatory, misleading or deceptive, obscene, offensive or that infringes the rights of others, including copyright.
5.4 You warrant that:
(a) The recording and webcasting of the event will not infringe the intellectual property rights, including copyright, of others;
(b) where you do not own the copyright in material that forms part of the event, you have obtained the consent of the copyright owner to:
(i) record and/or Webcast the material; and
(ii) use the material as described in the Terms and Conditions; and
(c) where the material related to a living person, you have obtained the consent of the person to:
(i) record and/or Webcast the Material; and
(ii) use the material as described in the Terms and Conditions.
5.5 You acknowledge that:
(a) the quality of the recording will be non-professional;
(b) We will own the copyright in the recording;
(c) copying or reproducing the recording is strictly prohibited; and
(d) other users not authorised by you may be able to view the webcast.
5.6 You warrant that the recording and/or Webcast will only be used for private and non-commercial purposes.
6. Liability and Disclaimer
6.1 We will take all reasonable precautions to prevent unauthorised access to the Webcast and Website. However, where unauthorised persons do gain access to the Webcast or the Website, we will not be liable for damages of any kind, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss of income or profit, loss of or damage to property, loss of or damage to reputation, claims of third parties or other losses of any kind, arising out of or in connection with the unauthorised person’s access to the Webcast or the Website.
6.2 We will not be liable for any damages of any kind, including without limitation any compensatory, incidental, direct, indirect, special, punitive or consequential damages, loss of use, loss of data, loss of income or profit, loss of or damage to property, claims of third parties, losses to the Customer or User, or other losses of any kind, arising out of or in connection with the use of, or inability to use, the Webcast or the Website.
6.3 The Agreement does not modify or exclude any condition or warranty implied into the Terms and Conditions or any liability imposed on us by any NZ law (including the Fair Trading Act 1986) if to do so would contravene that law or make any part of this or any other clause void.
6.4 To the extent permitted by law, we exclude all conditions and warranties implied into these Terms and Conditions and limit our liability for breach of any implied condition or warranty that we cannot exclude to (at our option):
(a) the re-supply of the Webcasting Service; or
(b) a refund of the cost of the Service paid by you to us.
6.5 We do not accept any responsibility in the event that the Website or Webcasting Service is unavailable due to any computer or Internet service provider downtime, equipment malfunction or such other event.
7.0 Indemnity
You agree to fully indemnity and hold us harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) incurred by us arising out of or in connection with:
(a) A breach by you of the Agreement;
(b) Infringement of any intellectual property or other right of any person or entity; or
(c) A claim that the material Webcast is libellous or defamatory or otherwise results in injury or damage to a third party.
8.0 Waiver
Our failure to exercise or enforce any one or more of our rights under these or any of our Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted by us in writing.
9.0 Governing law
The Terms and Conditions will be governed and interpreted in accordance with the laws of New Zealand. In the event of a dispute out of or relating to the Agreement, the Webcast or the Website, litigation must be brought in a Court of New Zealand.
10.0 Invaild Terms and Conditions
In the event that any or any part of a term contained in the Terms and Conditions is determined by a court to be invalid, unlawful or unenforceable, then such term or part thereof shall be severed from the remaining terms.
WEBCASTING INDEMNITY FORM
Please download and print out the below form for signature by your clients.
Webcast Indemnity Form