Terms & Conditions

1. Introduction

Welcome to the Remembers Group platforms in Ghana, GhanaRemembers, GhanaMemorialProducts, and GhanaFuneralServices. These Terms and Conditions (“the Terms”) govern the use of our services, products, and any related platforms, including but not limited to [GhanaRemembers, Ghana Funeral Services, Ghana Memorial Products). By accessing, browsing, or using any part of the Platform, you agree to comply with and be bound by these Terms.

These Terms apply to all users, including those using our free and paid services, partners, affiliates, and resellers. Even if you do not sign a formal agreement, your use of the services and products, along with any clear offer made to you by the Platform, will be considered as acceptance of these Terms and the specific offer.

If you do not agree to these Terms, you must cease using the Platform immediately. Continued use of the Platform implies your full understanding and acceptance of all provisions outlined herein.

2. Definitions

For the purposes of these Terms, the following terms shall have the meanings assigned to them below:

3. Eligibility

General Requirements

To use the Platform, you must meet the following eligibility criteria:

1. You must be at least 18 years of age or the legal age of majority in your jurisdiction.

2. You must have the legal capacity to enter into binding agreements under the laws of Ghana or any other applicable jurisdiction.

3. By using the Platform, you represent and warrant that you meet these eligibility requirements.

Business Entities

If you are accessing or using the Platform on behalf of a company or other legal entity:

1. You must have the authority to bind that entity to these Terms.

2.The entity must comply with all applicable laws and regulations governing its use of the Platform and the services provided.

Global Access

The Platform is available to users globally, including those residing in Ghana, the United States, the United Kingdom, and Europe. However, by using the Platform, you acknowledge and agree that:

1. You are responsible for ensuring that your use of the Platform complies with all applicable laws and regulations in your country of residence.

2.The Platform makes no guarantees regarding the availability or suitability of services in regions where local laws may impose specific restrictions.

Account Suspension or Termination

The Platform reserves the right to suspend or terminate your account at any time if:

1. You violate these Terms.

2.You provide false or misleading information during registration or use of the Platform.

3.You engage in any fraudulent or unlawful activity.

4. Services and Products

Overview of Services

The Platform provides a comprehensive range of services designed to meet the needs of individuals and businesses. These services are categorized as follows:

GFS Listing Services

Ghana Funeral Services (GFS) provides listing opportunities for funeral service providers, which include:

GMP Products

Ghana Memorial Products (GMP) offers the following customizable memorial products:

GhanaRemembers

GhanaRemembers offers the free use of Timelines on other platforms without transferring the intellectual property or any right to exploit the advertising impression attached to these Timelines.

The Timelines can be displayed on the websites of third parties:

Promotion, Advertising, and Content Services

The Platform offers promotional and advertising services for funeral service providers, memorial product vendors and other parties, including:

Free and Paid Services

Service Availability

While the Platform attempts to provide uninterrupted access to all services, there may be temporary unavailability due to maintenance or external factors. Users will be notified in advance where possible, and efforts will be made to restore services promptly.

Changes to Services and Products

The Platform reserves the right to modify, update, or discontinue any service or product offered. Users will be informed of any significant changes, and these may impact ongoing listings, promotions, or subscriptions.

5. User Accounts

Account Creation

To access certain services or products on the Platform, users may be required to create an account. During account creation, users must provide accurate, current, and complete information as prompted by the registration process. By creating an account, you agree to:

1. Provide truthful and accurate information.

2. Keep your login credentials confidential and secure.

3. Be responsible for all activities that occur under your account.

Account Security

Users are solely responsible for maintaining the security of their accounts and passwords. If you suspect any unauthorized use of your account or any other security breach, you must notify the Platform immediately. The Platform is not liable for any loss or damage resulting from unauthorized access to your account.

Account Eligibility

Users must meet the eligibility requirements outlined in Article 3 to create an account. Business entities registering for an account must ensure that the individual creating the account has the authority to bind the entity to these Terms.

If users start an account for somebody else, they will do everything to prevent a double account from being created and they commit themselves to transferring such an account to the family of the account holder if requested.

Account Suspension or Termination

The Platform reserves the right to suspend or terminate any user account at its sole discretion for reasons that may include:

1. Violation of these Terms.

2. Providing false or misleading information.

3. Engaging in fraudulent, unlawful, or harmful activities.

Upon suspension or termination, access to the Platform and any services or products may be restricted, and users may lose access to their account data. The Platform shall not be liable for any loss incurred due to account suspension or termination.

User Responsibilities

Users agree to

1. Use the Platform only for lawful purposes.

2. Not engage in any activity that interferes with the proper functioning of the Platform or disrupts other users’ experience.

3. Refrain from using the Platform for fraudulent, abusive, or illegal activities.

Account Deletion

Users may choose to delete their accounts at any time. Upon account deletion:

1. Users will no longer have access to services or products associated with their accounts.

2. The Platform may retain certain information in compliance with legal obligations or for legitimate business purposes, even after the account has been deleted.

Account Information Updates

Users are responsible for ensuring that the information provided during registration is kept up-to-date. If any changes occur, such as a change in email address or contact information, users must update their account information promptly.

6. Payments and Pricing

Pricing Structure

The Platform provides both free and paid services. Paid services, including memorial products, funeral listings, and promotion or advertising services, are subject to fees outlined on the Platform. All prices are displayed in the relevant currency and include applicable taxes unless stated otherwise.

Payment Methods

The Platform accepts a variety of payment methods, including:

1. Credit or debit cards.

2. Mobile money.

3. Bank transfers (where applicable).

4. Other approved digital payment platforms.

Users are responsible for ensuring that their chosen payment method is valid and has sufficient funds for the transaction.

Payment Terms

All payments for services and products must be made in advance unless otherwise agreed upon by the Platform. For recurring services, payments will be charged at the start of each billing cycle, as indicated during the service or product selection process.

Refund Policy

Refunds for products or services are granted under the following conditions:

1. If a product or service is permanently unavailable after payment, the Platform may issue a refund.

2. Refunds may also be issued in cases of billing errors or duplicate transactions. The Platform does not offer refunds for services already rendered, digital products that have been accessed or downloaded, or promotional listings unless a specific error or failure in service has occurred.

Any refund requests must be submitted within 14 days of the transaction unless a different timeframe is specified.

Changes to Pricing

The Platform reserves the right to modify pricing for its services and products at any time. Users will be notified of any price changes in advance. For ongoing services, such as promotions or listings, new pricing will apply at the start of the next billing cycle.

Late or Failed Payments

In the event of a failed payment:

1. Users will be notified and may be required to update their payment information.

2. Continued access to paid services may be suspended until the payment issue is resolved.

3. The Platform reserves the right to terminate access to services if payments are not received within a specified grace period.

Disputed Charges

If you believe there is an error in any charge made to your account, you must notify the Platform within 30 days of the charge to dispute it. The Platform will investigate and, if necessary, correct the charge or issue a refund.

7. Upgrading and Downgrading Services

Service Upgrades

Users may choose to upgrade their services (e.g., switching from a basic subscription to a higher-tier advertising service or from a free product to a paid product) at any time. When upgrading:

Service Downgrades

Users may choose to downgrade their services (e.g., switching from a higher-tier service to a basic listing or from a paid product to a free one). When downgrading:

Monthly vs. Annual Subscription

The Platform offers both monthly and annual billing options for certain paid services, with the following distinctions:

Monthly Subscription:

1. Billed on a month-to-month basis.

2. Users may cancel or modify their subscriptions before the next billing cycle.

3. Any changes (upgrades, downgrades) will take effect immediately.

Annual Subscription:

1. Billed upfront for 12 months of service.

2. Users may benefit from discounted pricing compared to monthly billing.

3. Downgrades will take effect immediately. Upgrades will be applied immediately, and additional fees will be charged on a pro-rated basis.

Refund Policy on Changes

Automatic Renewals

Both monthly and annual subscriptions will automatically renew at the end of each billing cycle unless the user cancels the subscription before the renewal date. Notifications of upcoming renewals will be sent in advance.

8. User Responsibilities

Compliance with Laws

Users are required to comply with all applicable laws, regulations, and codes of conduct while using the Platform. This includes but is not limited to:

1. Laws related to online transactions, data protection, and intellectual property.

2. Local and international laws relevant to funeral services, memorial products, and estate planning (including will creation).

Providing Accurate Information

Users must provide true, accurate, and complete information when creating accounts, making purchases, or engaging with services. Users are responsible for promptly updating their information if any changes occur.

Prohibited Activities

The following activities are strictly prohibited on the Platform:

Intellectual Property Compliance

1. Users must respect the intellectual property rights of the Platform and other users. This includes but is not limited to:

2. Not copying, distributing, modifying, or using any content on the Platform without permission.

3. Respecting copyrights, trademarks, and other proprietary rights when uploading or using content from third parties.

User-Generated Content

Users who upload, post, or share content (e.g., tributes, comments, images) on the Platform must ensure that:

1. They own the rights to the content or have obtained the necessary permissions to share it.

2. The content is not offensive, illegal, defamatory, or in violation of third-party rights.

3. The Platform reserves the right to remove or moderate user-generated content if it breaches these terms or is otherwise inappropriate.

Cooperation with Investigations

Users agree to cooperate with any investigations into suspected violations of these Terms. The Platform may request access to information or data related to the investigation, and users are expected to comply.

Accountability for Actions

Users are responsible for all actions taken under their accounts. This includes maintaining the confidentiality of account credentials and monitoring account activity to ensure no unauthorized actions occur.

Consequences of Violating Responsibilities

Any violation of these responsibilities may result in:

1. Suspension or termination of the user’s account.

2. Legal action for damages or violation of rights.

3. Restriction of access to specific features or services.

4. Reporting the violation to the relevant authorities, where applicable.

9. Resellers and Affiliates

Authorization

Resellers and affiliates must receive prior authorization from the Platform before promoting, distributing, or reselling any products or services. Unauthorized reselling or promotion is strictly prohibited, and all resellers and affiliates must comply with the terms set forth in their respective agreements.

Promotion and Representation

Resellers and affiliates are responsible for promoting the Platform’s products and services accurately and in good faith. Any false, misleading, or deceptive representation that may harm the reputation of the Platform is strictly prohibited. All promotional materials used must be approved by the Platform, where applicable.

Compensation and Agreements

Compliance with Laws

Resellers and affiliates must ensure that all their marketing, sales, and distribution activities comply with applicable local and international laws and regulations, including but not limited to:

1. Consumer protection laws.

2. Advertising standards and guidelines.

3. Data protection regulations where applicable.

Responsibility for Customer Relationships

Resellers and affiliates are responsible for managing their customer relationships. They must provide accurate information and proper support to their customers, ensuring that they are aligned with the Platform’s standards of service.

Termination of Reseller or Affiliate Status

The Platform reserves the right to terminate reseller or affiliate agreements at any time for non-compliance with these Terms, violations of promotional practices, breach of contract, or failure to meet agreed performance standards. Termination may result in the loss of commissions or reseller rights.

Intellectual Property Use

Resellers and affiliates are granted a limited, non-exclusive license to use the Platform’s intellectual property (logos, trademarks, etc.) solely for promotional purposes, subject to the terms of their agreement. Unauthorized use of intellectual property, or any misuse that violates these Terms, may result in the termination of their agreement and legal action.

10. Intellectual Property

User-Generated Content

By uploading, posting, or submitting any content (e.g., images, text, tributes) to the Platform, users:

1. Grant the Platform a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, display, and distribute the content for the purposes of operating, promoting, and improving the Platform.

2. Represent and warrant that they own or have the necessary rights and permissions to share the content and that the content does not infringe upon any third-party rights.

Restrictions on Use

Users must not:

1. Copy, modify, distribute, display, perform, or use any content, materials, or intellectual property found on the Platform without obtaining prior written permission from the Platform.

2. Use any trademarks, logos, or branding materials from the Platform in any way that suggests an affiliation, endorsement, or sponsorship without explicit written consent.

3. This restriction is not applicable to own content or content uploaded by the user themselves.

Third-Party Intellectual Property

The Platform may contain content, services, or products provided by third parties. The intellectual property rights in such third-party content are owned by the respective third-party owners. Users must not use third-party content without the necessary permissions from the respective owners.

Infringement Claims

The Platform respects the intellectual property rights of others and expects users to do the same. If a user believes their intellectual property rights have been infringed, they must notify the Platform in writing with the following information:

1. A description of the intellectual property in question and how it has been infringed.

2. Contact information, including name, address, email, and phone number.

3. Proof of ownership of the intellectual property in question.

4. Any other relevant documentation or details required to assess the claim.

Upon receiving a valid claim, the Platform will investigate and take appropriate action, which may include removing the infringing content, suspending accounts, or contacting the relevant authorities.

Consequences of Violating Intellectual Property Rights

Violations of intellectual property rights may result in:

1. The removal of infringing content.

2. Account suspension or termination for repeated violations.

3. Legal action, including claims for damages or injunctions.

4. Reporting to relevant authorities where applicable.

11. Privacy and Data Protection

Data Collection

The Platform collects, processes, and stores personal data provided by users, such as names, contact information, payment details, and other relevant information required for using our services. This data may be collected during account registration, service usage, product purchases, and communication with the Platform.

Purpose of Data Collection

The Platform collects and uses personal data for the following purposes:

1. To provide and improve services and products.

2. To process payments and manage user accounts.

3. To communicate with users regarding updates, promotions, and changes to services.

4. To comply with legal obligations and ensure the security of the Platform.

User Consent

By using the Platform, users consent to the collection, processing, and storage of their personal data as described in these Terms and the Platform's Privacy Policy. Users may withdraw their consent at any time, although this may impact their ability to use certain services.

Data Sharing

The Platform will not share or sell personal data to third parties for marketing purposes without user consent. However, data may be shared with:

1. Service Providers: Third-party service providers, such as payment processors, hosting providers, or IT support, who assist in the operation of the Platform.

2. Legal Compliance: Government agencies or authorities, where required by law, or in response to legal requests.

3. Business Transfers: In the event of a merger, acquisition, or sale of assets, user data may be transferred to the acquiring entity.

User Rights

Users have the right to:

Data Security

The Platform takes reasonable measures to protect personal data from unauthorized access, disclosure, or loss. However, users acknowledge that no method of electronic transmission or storage is completely secure, and the Platform cannot guarantee absolute security.

Retention of Data

The Platform will retain personal data for as long as necessary to fulfil the purposes for which it was collected, or as required by applicable laws and regulations.

Cookies and Tracking Technologies

The Platform uses cookies and similar tracking technologies to enhance user experience, analyze trends, and gather information about how the Platform is used. Users can control the use of cookies through their browser settings but may experience reduced functionality as a result.

Privacy Policy

For further details on how the Platform collects, uses, and protects personal data, users should refer to theGFS Privacy Policy or the GFS Privacy Policy, which forms an integral part of these Terms and Conditions.

12. Termination of Accounts

User-Initiated Termination

Users may terminate their account at any time by following the account deletion process available on the Platform or by contacting customer support. Upon termination:

1. Users will lose access to all services, products, and content associated with their accounts.

2. Any remaining balances or credits will be forfeited unless otherwise specified in a refund policy.

3. The Platform may retain certain information in compliance with legal obligations or for legitimate business purposes, even after account termination.

Platform-Initiated Termination

The Platform reserves the right to suspend or terminate any user account at its sole discretion, including but not limited to cases where:

1. The user violates these Terms and Conditions.

2. The user engages in fraudulent, abusive, or illegal activity.

3. The user provides false or misleading information during registration or while using the Platform.

In such cases, users will be notified of the termination and the reasons behind it. Access to the Platform, including any purchased products or services, may be immediately revoked.

Consequences of Termination

Upon account termination, whether initiated by the user or the Platform:

1. Users will no longer have access to their accounts, including any saved data or purchased digital products or services.

2. Any ongoing or active services, such as listings, promotions, or access to memorial products, will be discontinued.

3. The Platform is not liable for any loss of data or content resulting from the termination of an account.

13. Limitation of Liability

Use of the Platform

Users acknowledge and agree that the use of the Platform and its services is at their own risk. The Platform is provided on an ''as is'' and ''as available'' basis, and while the Platform strives to ensure a seamless and accurate experience, it makes no guarantees regarding:

1. The uninterrupted or error-free operation of the Platform.

2. The accuracy, reliability, or completeness of content, services, or products offered on the Platform.

3. The Platform’s ability to meet the specific needs or expectations of the user.

No Warranty

The Platform expressly disclaims all warranties, whether express or implied, including but not limited to:

1. Warranties of merchantability, fitness for a particular purpose, or non-infringement.

2. Warranties regarding the availability, quality, or performance of services and products offered on the Platform.

The Platform does not guarantee that any defects or errors in the Platform or services will be corrected in a timely manner.

Liability for Damages

To the fullest extent permitted by law, the Platform and its affiliates, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or related to:

1. Warranties of merchantability, fitness for a particular purpose, or non-infringement.

2. Any unauthorized access to or alteration of user data or transmissions.

3. Any errors, omissions, interruptions, or delays in the operation of the Platform.

4. Any loss of data, content, or revenue due to system errors, network failures, or technical malfunctions.

This limitation applies even if the Platform has been advised of the possibility of such damages.

Maximum Liability

In no event shall the total liability of the Platform, whether in contract, tort, or otherwise, exceed the total fees paid by the user to the Platform for the services or products during the 12 months preceding the event giving rise to liability.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. As a result, some of the above limitations may not apply to certain users. In such cases, the liability of the Platform will be limited to the maximum extent permitted by law.

Third-Party Services

The Platform may provide links to third-party websites, services, or products. Users acknowledge and agree that the Platform is not responsible for the accuracy, reliability, or availability of any third-party content, and the use of such third-party services is solely at the user’s risk.

14. Warranties and Disclaimers

General Disclaimer

The Platform is provided on an ''as is'' and ''as available'' basis. To the fullest extent permitted by law, the Platform disclaims all warranties, representations, and conditions, whether express or implied, including but not limited to:

1. Any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

2. Warranties that the Platform will be secure, error-free, or free of viruses or harmful components.

No Guarantee of Accuracy

While the Platform strives to ensure that all information, services, and products provided are accurate and up-to-date, it makes no warranties or guarantees:

1. That any content on the Platform is accurate, reliable, complete, or current.

2. That any services or products will meet the user’s specific requirements, preferences, or expectations.

The user acknowledges that content, services, or products may contain errors, and reliance on such content is at the user’s own risk.

No Warranty of Availability

The Platform does not guarantee that services will be available at all times. Users may experience interruptions or downtime due to maintenance, technical issues, or factors outside the control of the Platform. The Platform shall not be held responsible for any service interruptions or data loss resulting from such events.

No Warranty for Third-Party Services

The Platform may provide links or access to third-party websites, services, or products. The Platform does not endorse or assume responsibility for any third-party content or services. Users who engage with third-party services do so at their own risk, and any warranties associated with such services are solely between the user and the third-party provider.

No Liability for User-Generated Content

The Platform is not responsible for any user-generated content, including tributes, comments, images, or other media posted by users. The Platform does not endorse, verify, or warrant the accuracy or legality of user-generated content. Users who upload or share content are solely responsible for ensuring that it complies with these Terms and applicable laws.

Legal Disclaimer

The Platform is not liable for any direct, indirect, incidental, consequential, or punitive damages arising out of the use of the Platform, services, or products, to the fullest extent permitted by law. Users are advised to seek professional advice (e.g., legal, financial) where appropriate, and the Platform makes no warranties regarding the suitability of services for specific purposes.

Exclusions and Limitations

Some jurisdictions may not allow the exclusion of implied warranties or limitations on certain types of damages. In such cases, the limitations in this Article may not apply, but the Platform’s liability will still be limited to the fullest extent permitted by law.

15. Article 14: Dispute Resolution

Initial Resolution

In the event of a dispute, claim, or disagreement between the user and the Platform arising out of or relating to these Terms, the use of the Platform, or any services or products offered, both parties agree to first attempt to resolve the matter informally. The user must contact the Platform’s support team to discuss the issue, and both parties shall endeavour to settle the dispute amicably within 30 days of the initial communication.

Mediation

If the dispute cannot be resolved informally, either party may choose to submit the matter to mediation before pursuing any other legal remedies. Mediation will be conducted in a mutually agreed upon location by a certified mediator chosen by both parties. The costs of mediation will be shared equally by the user and the Platform.

Arbitration

If mediation fails or is not mutually agreed upon, the dispute shall be resolved through binding arbitration. Arbitration will be conducted in accordance with the rules of the Ghana Arbitration Centre or another mutually agreed arbitration body. The decision of the arbitrator shall be final and binding, and judgment may be entered upon the award in any court of competent jurisdiction. Arbitration shall take place in Ghana unless otherwise agreed.

Governing Law

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of Ghana if a Ghanaian resident is a party, without regard to its conflict of law principles. If no Ghanaian resident is involved in the dispute, it shall be governed by the laws of The Netherlands. If arbitration is not applicable, the parties agree that any legal action will be brought before the courts of either Ghana or The Netherlands.

Exclusions from Arbitration

Notwithstanding the foregoing, the Platform may bring a claim in court to seek injunctive or other equitable relief in cases of:

1. Intellectual property infringement.

2. Unauthorized use of the Platform or its services.

3. Fraudulent or unlawful activities that require immediate legal intervention.

Class Action Waiver

To the fullest extent permitted by law, both the user and the Platform agree that any dispute resolution proceedings will be conducted on an individual basis only and not in a class, consolidated, or representative action. Users waive their right to participate in any class actions against the Platform.

Time Limitation for Claims

Any claim arising from or related to these Terms or the use of the Platform must be filed within one year after the event giving rise to the claim. Failure to file within this period will result in the claim being permanently barred.

16. Modifications to Terms

17. Contact Information

Customer Support

If you have any questions, concerns, or complaints regarding these Terms, the services, or the products offered by the Platform, you may contact our customer support team. We are available to assist you with any issues related to your account, transactions, or use of the Platform.

How to Reach Us

Users can reach the Platform through the following contact methods:

The Platform strives to respond to all inquiries within 48 hours of receipt.

Business Hours

Our customer support team operates during the following business hours:

1. Monday to Friday: 9.00 -17.00

2. Weekends and public holidays: Closed

Any inquiries received outside of business hours will be addressed on the next working day.

Complaint Resolution

Users with complaints regarding any aspect of the Platform's services or products are encouraged to contact customer support for prompt resolution. If the issue is not resolved to the user's satisfaction, it may be escalated in accordance with the dispute resolution procedures outlined in Article 15.

Reporting Abuse or Violations

If you become aware of any violations of these Terms or misuse of the Platform, you may report such incidents to the Platform using the contact methods listed above. The Platform will investigate all reports and take appropriate action where necessary.

18. Miscellaneous Provisions

Headings

The headings used in these Terms are for convenience only and have no legal or contractual effect.

Survival of Provisions

Any provisions of these Terms which by their nature should survive termination, including but not limited to payment obligations, limitations of liability, dispute resolution, and intellectual property rights, shall continue to remain in effect after termination of the user’s account.

Relationship of the Parties

Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between the user and the Platform. The user and the Platform are independent parties, and neither has the authority to bind the other in any way.

Terms of Conditions

Remembers Group