Contribution and Recipient Terms and Conditions

Contribution and Recipient Terms and Conditions

Effective Date: June 2020

Thank you for using the contribution service offered by Forget Me Not Ceremonies Inc. (the “Service”). PLEASE READ THE FOLLOWING CONTRIBUTION AND RECIPIENT TERMS AND CONDITIONS (the “Contribution Terms”) CAREFULLY BEFORE USING THE SERVICE.

IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN MUST READ AND AGREE TO THESE CONTRIBUTION TERMS ON YOUR BEHALF. Subject to the laws of your jurisdiction, you must be 13 years of age or older if a resident of Canada (or 16 years of age or older if a resident of Europe, or 18 years of age or older if a citizen of United States of America) to use the Website and this Service, unless you have your parent or legal guardian’s permission to use the Website and this Service.

Please refer to https://www.forgetmenotceremonies.com (the “Website”) to find the most up-to-date version of the Contribution Terms.

If you have any questions, comments or concerns relating to the Service, please contact Forget Me Not Ceremonies Inc. by email at info@fmnceremonies.com.

1. ACCEPTANCE OF CONTRIBUTION TERMS
   1. By using the Service, you agree to be bound by the Contribution Terms, as well additional applicable policies, including Forget Me Not Ceremonies Inc.’s Terms of Use (accessible at https://www.forgetmenotceremonies.com/terms-of-use/) and Privacy Policy (accessible at https://www.forgetmenotceremonies.com/privacy-policy/) all as may be amended or replaced from time to time. All such policies, including the disclaimer, limitation of liability and indemnification provisions contained therein, are hereby incorporated by reference into these Contribution Terms.
   2. The Contribution Terms are a contract between you and Forget Me Not Ceremonies Inc. and/or any of its affiliates, agents, successors, assigns and subsidiaries (collectively, “FMNC”).
   3. In these Contribution Terms, “you” or “your” means any person or entity using the Service, and if such person is under the age of majority in his or her jurisdiction (a “Minor”) it also includes such person’s parent or legal guardian.
   4. THIS DOES NOT APPLY IF YOU RESIDE IN THE PROVINCE OF QUEBEC. It is the express wish of the parties that the Contribution Terms, and any documents directly or indirectly related thereto, be drawn up in English. Any translation of the Contribution Terms is provided solely for your convenience and is not intended to modify the Contribution Terms themselves. In the event of a conflict between the English version of the Contribution Terms and a version of the Contribution Terms in a language other than English, the English version shall prevail. Les parties ont exprimé la volonté expresse que ces Conditions de Contribution et tous les documents s’y rattachant directement ou indirectement soient rédigés en anglais. Toute traduction de ces Conditions de Contribution est uniquement fournie pour votre commodité et ne vise pas à modifier les modalités de ces Conditions de Contribution. En cas de conflit entre la version en anglais de ces Conditions de Contribution et une version dans une langue autre que l’anglais, la version en anglais prévaudra.
   5. As set out in FMNC’s Terms of Use, FMNC reserves the right, in its sole discretion, to amend, supplement or replace FMNC policies (including these Contribution Terms), in whole or in part, at any time.
   6. If FMNC amends, supplements or replaces the Contribution Terms, FMNC will post the revised Contribution Terms on the Website and will indicate the date of such revision. Your continued use of the Service after the date of any such changes constitutes your acceptance of the new Contribution Terms. It is your responsibility to check the Contribution Terms each time you access and use the Service so that you understand the terms applicable to your access and use of the Service.
2. DESCRIPTION OF THE SERVICE
   1. The Service is offered to allow persons (each, a “Contributor” and collectively, “Contributors”) to submit monetary contributions (“Contributions”) to the next-of-kin or other personal representative of the decedent, being the individual or group of individuals who requests and pays for funeral webcasting and related services from FMNC (each, a “Recipient” and collectively, “Recipients”). Recipients and Contributors shall be collectively referred to herein as “Users”.
   2. Contributors making Contributions using the Service do so at will and without any duress. FMNC in no way compels, coerces or imposes any circumstances or conditions whereby Contributors are required to make Contributions.
   3. The Service is meant to facilitate the making of Contributions by Contributors who wish to provide monetary support to the Recipient. In providing the Service, FMNC acts as a payment service provider only. FMNC is NOT (i) an agent or trustee of any Contributor(s) or Recipient(s), (ii) an escrow agent with respect to any Contributions, or (iii) a broker, agent, financial institution (banking, non-banking or otherwise) or creditor of any nature whatsoever. FMNC is not registered under any laws, or with any regulatory bodies to provide any such functions, and does not represent itself as licensed to perform any of these functions.
   4. FMNC is NOT a charity or a not-for-profit corporation. Contributors will NOT receive a charitable donation or other similar receipt from FMNC for their Contributions. Contributions are not represented by FMNC to constitute donations to any not-for-profit organizations, political parties or any other organization engaged in fund raising activities. Users of the Service are forbidden from making any representations contrary to the foregoing, and indemnify FMNC from any liability arising out of any such actions.
   5. The Service may involve third party internet sites, payment portals and related services and resources (such services are referred to herein as “Third Party Services”, and their providers as “Third Party Providers”). Users may be required to register with and/or agree to the terms of such Third Party Services in order to use the Service. Currently, FMNC’s third-party payment processor is PayPal, Inc. (“PayPal”).
   6. By using and/or accessing the Service, you acknowledge and agree that:
      1. The use of PayPal and/or other Third Party Services is integral to the Service, and FMNC may exchange information with Third Party Providers in order to facilitate the provision of Service as set out in FMNC’s Privacy Policy.
      2. If FMNC or a Third Party Provider at any time discovers that the information you provided is incorrect or violates the Contribution Terms or the Third Party Provider’s terms of service, the Service may be suspended and/or terminated with immediate effect. The Third Party Provider may impose on you any penalties that may be applicable under the Third Party Provider’s terms of service, on such terms and conditions as the Third Party Provider deems fit.
      3. FMNC has no control over any Third Party Providers, including their business practices, their mode of conduct, and/or any products, services or content offered by or through them. FMNC is not responsible for and does not endorse the Third Party Providers or their products, services or content.
      4. FMNC is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of Third Party Services, and will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any Third Party Services. This includes, but is not limited to, any breach of privacy, misappropriation of personal information or any similar cause of action arising out of, from or in connection with the Third Party Services.
      5. Any dealings you have with other third parties while using the Service are between you and the third party and may be subject to additional terms provided by the third party. You agree that FMNC has no involvement in such independent dealings and will not be held liable, directly or indirectly, for any loss or claim that you may have against any such third party.
   7. By providing the Service, FMNC does not enter into a partnership, joint venture, agency, employment, representative or any other business relationship with any User.
   8. FMNC reserves the right to modify, suspend and/or discontinue, temporarily or permanently, the Service (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
3. APPLICATION OF CONTRIBUTIONS
   1. FMNC shall pay Contributions received in respect of a given ceremony, less the Processing Fee described in Section 4 below, to the funeral home that hosts the ceremony (the “Funeral Home”) on or before the last day of the month immediately following the month during which the ceremony takes place. All Contributions passed to the Funeral Home will be net of any applicable taxes payable by or on behalf of FMNC.
   2. Once the Funeral Home has received the Contributions (net of the Processing Fee and any applicable taxes) from FMNC, it will be the responsibility of the Funeral Home to forward the Contributions to the Recipient, in accordance with timelines and any other applicable terms between the Funeral Home and the Recipient.
   3. FMNC shall not be responsible for paying or otherwise forwarding the Contributions directly to a Recipient. FMNC’s responsibilities respecting the Contributions cease upon the transfer of the Contributions to the Funeral Home.
   4. Notwithstanding the foregoing, FMNC may place a hold (the “Hold”) on Contributions, in whole or in part, before releasing the Contributions to the Funeral Home. A Hold may be placed for a variety of reasons, including but not limited to the following:
      1. if FMNC believes (in its sole discretion) that
         1. information provided by a User is false, misleading, or fraudulent, or funds are being used in a prohibited manner,
         2. a User has violated these Contribution Terms, and/or FMNC’s Terms of Use or other applicable policies,
         3. there is a likelihood of suspicious, malicious or fraudulent activity,
         4. there may be a high level of risk associated with the User(s) and/or Contribution(s) in question, for any reason whatsoever, or
         5. placing a Hold is necessary to comply with federal, provincial, regulatory, contractual or any other legal requirements; or
      2. if placing a Hold is required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.
   5. FMNC makes decisions regarding Holds based on a number of factors, including legal requirements and/or on the basis of information available to FMNC from its internal monitoring practices and/or from third parties. Such decisions may be based on an assessment of risk/exposure criteria that may be confidential and/or proprietary and that may be essential to the protection of FMNC, its Users, its service providers, and/or other third parties. In addition, FMNC may be restricted by regulation or a governmental authority from disclosing certain information to Users about such decisions. FMNC has no obligation to disclose the details of its risk management or security procedures to you, except as mandated under law.
   6. Risk-based holds generally remain in place for up to 90 days from the date the Contribution is made. FMNC may release the hold earlier under certain circumstances, but any earlier release is at FMNC’s sole discretion. The hold may last longer than 90 days (but no longer than 180 days) if the Contribution is challenged as unauthorized, fraudulent or otherwise suspicious
   7. When FMNC implements a Hold as a result of a court order, applicable law, regulatory requirement or other legal process, the Hold may remain in place as long as mandated under the applicable law or the court order. FMNC may, but is not obligated to, contest or appeal any court order or legal process involving any User(s) or Contribution(s).
   8. If FMNC determines, in its sole discretion, that a Contribution is high-risk, FMNC will maintain a Hold on the Contribution and conduct a review under its risk management policies. Following this review, FMNC will either complete or cancel the Contribution. If the Contribution is cancelled, the funds will be returned to the Contributor as soon as reasonably possible, unless FMNC is legally required to take any other action.
   9. FMNC expressly disclaims any and all responsibility for any delay or inability to access and use Contributions at any specified time, and any consequences arising from such delay or inability. FMNC may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Contributions, in whole or in part, with or without consulting the affected User(s). FMNC is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by FMNC issuing refunds.
   10. FMNC is not liable for, and does not guarantee the accurate representation by any User of, such User’s identity. In other words, FMNC will not verify or disclose the identity of any specific family member or friend of the decedent. All personal information collected about an individual will be maintained as confidential, in accordance with the Privacy Policy.
4. FEES
   1. A processing fee (the “Processing Fee”) shall apply to the Service.The Processing Fee is intended to offset FMNC’s administrative costs incurred in connection with the Service, including the cost of transferring the Contributions to the Funeral Home.
   2. Currently, the Processing Fee is 5% of the total amount of Contributions received by a Recipient, to a maximum charge of CAD$25.00, such that:
      1. in the event no Contributions are made, no Processing Fee shall be applied;
      2. if the total Contributions received in respect of a ceremony are equal to or less than CAD$500.00, the Processing Fee shall be an amount equal to 5% of the total Contribution amount; and
      3. if the total Contributions received in respect of a ceremony exceed CAD$500.00, the Processing Fee shall equal CAD$25.00.
   3. The Processing Fee may be subject to applicable taxes, levies, duties or similar governmental assessments, including but not limited to value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “taxes”). The Processing Fee is exclusive of applicable taxes.
   4. FMNC may adjust the Processing Fee in its sole discretion. If FMNC increases the Processing Fee or introduces a new type of Processing Fee, FMNC may do so with or without notice, and will revise the Contribution Terms accordingly.
   5. The applicable Processing Fee is not based on the method of payment made available and used on the Website with respect to the Service. FMNC shall not, without notice, introduce any additional Processing Fee or vary the Processing Fee as a result of the introduction of any new method of payment.
5. RULES FOR CONTRIBUTORS
   1. In order to make a Contribution, you will be required to provide the relevant Third Party Provider(s) with information regarding your credit card or other payment instrument (“Payment Instrument”).
   2. By making a Contribution:
      1. you agree to any and all applicable terms set forth by the Third Party Provider(s), in addition to these Contribution Terms, including each Third Party Provider’s terms of service;
      2. you represent and warrant to FMNC and the Third Party Provider(s) that the information regarding your Payment Instrument is true and correct, and that you are authorized to use the Payment Instrument;
      3. you agree that a certain minimum Contribution amount may apply;
      4. you acknowledge and agree that:
         1. ALL CONTRIBUTIONS ARE AT YOUR OWN RISK, and
         2. ALL CONTRIBUTIONS ARE FINAL AND WILL NOT BE REFUNDED; and
      5. your personal information shall be subject to the privacy policy of the Third Party Provider.
   3. You, as a Contributor, must make the final determination as to the value and appropriateness of making any Contribution. You are solely responsible for making any determination with respect to any financial, legal, tax or other responsibilities and/or implications associated with the Contribution. You may choose to consult the appropriate professional advisors (at your own expense) to ensure that you comply with all legal and regulatory requirements. Should your professional advisor(s) have any queries regarding the Service, please refer them to these Contribution Terms and/or via email to info@fmnnceremonies.com.
6. RULES FOR RECIPIENTS
   1. You, as a Recipient, represent, warrant, and covenant that:
      1. you will comply with all relevant and applicable financial reporting obligations, including but not limited to laws and regulations relating to tax reporting, trust and estate management;
      2. to the extent you share with FMNC any personal data of any third party for any purpose, including the names, email addresses, phone numbers, bank account information or credit card information of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us; and
      3. you authorize FMNC, and FMNC reserves the right, to provide information relating to the Service to Contributors, the Funeral Home, or law enforcement, and to assist in any investigation thereof.
   2. It is solely your responsibility to determine what (if any) taxes apply to the Contributions you receive through your use of the Service and to assess, collect, report and remit the applicable taxes to the appropriate authority. FMNC does not determine any User’s liability for any taxes, nor does FMNC collect or pay any taxes that may arise from Users’ use of the Service.
7. RULES FOR ALL USERS
   1. You agree that you are solely responsible for your interactions with all other Users in connection with the Service, and that FMNC will have no liability or responsibility with respect thereto. FMNC reserves the right, but has no obligation, to intervene in, resolve, mediate or otherwise become involved in any manner whatsoever in any dispute between you and any other User.
   2. In order to assure that your use of the Service is in compliance with the Contribution Terms, FMNC reserves the right to monitor and maintain a log of your actions. FMNC also reserves the right to monitor User actions and maintain logs to monitor the performance of the Website and/or the technology involved and to address and/or resolve related technological issues.
   3. In connection with your use of the Service, you agree not to, either willfully or negligently:
      1. breach the Contribution Terms, FMNC’s other applicable policies (as available on the Website), or any other agreement between you and FMNC;
      2. violate any law, statute, ordinance, or regulation;
      3. infringe FMNC’s or any third party’s copyright, patent, trade-mark, trade secret or other intellectual property rights, or rights of publicity or privacy;
      4. provide false, inaccurate or misleading information;
      5. send or receive what FMNC reasonably believes to be potentially fraudulent funds;
      6. refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to FMNC;
      7. use the Service in a manner that results in or may result in complaints or fees, fines, penalties or other liability or losses to FMNC, other Users, third parties or you;
      8. use the Service in a manner that FMNC or any Third Party Provider reasonably believes to be an abuse of the card system or a violation of card association or network rules;
      9. use the Service in a manner that appears to be, implies or results in a violation of the Code of Conduct for the Credit and Debit Card Industry in Canada;
      10. provide yourself a cash advance from your credit or debit card (or help others to do so); or
      11. use the Service to test or modify credit card behaviors of third parties.
   4. If FMNC believes or has any reason to believe that you have engaged in any of these activities, FMNC in its sole discretion may take any and all necessary action to protect itself, other Users and other third parties, including but not limited to the following:
      1. suspend or terminate your use of and/or access to the Service and/or the Website;
      2. refuse to provide the Service to you in the future;
      3. place a Hold on Contributions of up to 90 days if reasonably needed to protect against the risk of liability or if you have violated FMNC’s Terms of Use or other policies;
      4. contact your bank or credit card issuer, other impacted third parties or law enforcement agencies about your actions;
      5. update inaccurate information you to provided us; and/or
      6. take legal action against you.
   5. You are responsible for all reversals, claims, fees, fines, penalties and other liability incurred by FMNC, any other User, or any third party caused by or arising out of your breach of the Contribution Terms and/or your use of the Service.
8. GENERAL
   1. The Contribution Terms constitute the entire agreement between you and FMNC with respect to the subject-matter hereof and govern your use of the Service, superseding any prior agreements between you and FMNC with respect to the Service.
   2. The Contribution Terms are governed by the laws of the Province of New Brunswick and the Federal laws of Canada applicable therein, without regard to its conflict of law provisions.
   3. BY USING THE SERVICE, YOU AGREE THAT DISPUTES WITH FMNC RESPECTING THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION. The sole arbitrator shall be appointed mutually by agreement between FMNC and the User(s) and the seat of arbitration shall be Fredericton, New Brunswick.The arbitration shall be subject to the New Brunswick Arbitration Act and regulations thereunder. Arbitration proceedings shall be commenced no later than 90 days of the date on which the dispute arises, failing which the User shall be deemed to have irrevocably waived the User’s right to bring a claim or other action respecting the dispute.

      With respect to any disputes or claims that are not subject to arbitration, you and FMNC agree to submit to the personal and exclusive jurisdiction of the courts of the Province of New Brunswick. YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

   4. The failure of FMNC to exercise or enforce any right or provision of the Contribution Terms will not constitute a waiver of such right or provision.
   5. Waiver or Amendment of any term(s) of the Contribution Terms, in whole or in part, shall apply only to those terms (or part(s) thereof), and the remainder of the Contribution Terms shall remain in force as such.
   6. If any provision of the Contribution Terms is invalid, or is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision in question, and the other provisions of the Contribution Terms remain in full force and effect.
   7. You may not assign the Contribution Terms without the prior written consent of FMNC, but FMNC may assign or transfer the Contribution Terms, in whole or in part, without restriction. In the event of a transfer by FMNC, the transferee shall assume the Contribution Terms as may be revised, altered or amended pursuant to the transfer.
   8. The section titles in the Contribution Terms are for convenience only and have no legal or contractual effect.
   9. Notices to you may be made via either email or regular mail. Any notices or other communication to FMNC may be via email to legal@fmnceremonies.com.