Terms and conditions

 

By participating in this service this will constitute acceptance of the agreement subject to the following conditions:

General Conditions

  • Messages for You is a trading name under LGA Media Limited which is a registered company within England and Wales with company registration number 12238957 whose registered office is 152-160 Kemp House, City Road, London, EC1V 2NX.
  • The online service of LGA Media Limited can be reached at https://messagesforyou.co.uk
  • We may alter the terms and condition from time to time, following which all user of our website and services will be governed by that version. You must regularly check the terms and conditions on our website.
  • The terms and conditions and privacy policy equates to the whole agreement by you the user and LGA Media Limited. By agreeing to these terms and conditions you acknowledge you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.
  • The below five points refer to the key phrases referred to within these terms and conditions.
  • User: This refers to you as the main user of the service.
  • Trustee: A person nominated by the use transferring and/or approving the transfer of assets to such Users beneficiaries upon the users request/demise. Once accepted the nominated trustee is charged with informing LGA Media Limited of any changes to the users circumstances, such as reporting the users death or change in beneficiary details.
  • Beneficiary: Persons nominated by the user to receive the users LGA Media assets.
  • Agreement: the agreement between the user and LGA Media Limited, concluded through Messages For You and the acceptance of these terms and conditions.
  • Assets: Includes but is not limited to all assets and digital materials uploaded by a User to the System, including, Accounts Access Information, written messages, pictures, letters, video files, audio files, digital books, articles, documents, music files, posts and more.

Terms of Use

  • LGA Media Limited has stipulated the following conditions as set out under these terms and conditions to ensure an optimal experience for the user, trustee and nominated beneficiaries. By using the services/site you the user confirms that you have read and agree with the terms and conditions set out below.
  • In order to access the services, and start uploading Digital Assets, you must first submit the contact form by providing your details.
  • LGA will require as much information as you are able to provide in order for us to fulfill our obligation. Failure to provide details may result in LGA not being able to fulfill these obligations.
  • Details of an appropriate trustee will be required in order for LGA Media Limited to fulfill its obligations to the user. Only personal acceptance of his/her obligations will he/she constitute as a trustee.
  • Whilst you “the user” are free to express your feelings, any threats to life or other behavior which is deemed to be criminal, LGA Media Limited will be obliged to cancel the service and report such actions to the appropriate authorities without the offer of a refund.
  • The User is not entitled to use the service to distribute harmful viruses or other harmful software. These include but are not limited to Trojans, malware, works and backdoors by means of or the service and or website. Non compliance with this can lead to termination of the service without the offer of a refund and the appropriate authorities informed.
  • The User or Trustee is not entitled to use the service to send commercial unsolicited messages (SPAM). Failure to comply can result in the termination of this service without the option of a refund.
  • The user will not use the service for the purposes of ending ones life. If such recordings are found then LGA Media Limited reserves the right to report this to the appropriate authorities without the offer of a refund.
  • By agreeing to this service the user agrees not to record any content which is criminal, defamatory, libellous, offensive, obscene, pornographic or poses the risk to the safeguarding of adults or children. LGA Media Limited reserves the right to cancel this service without the offer of a refund, or edit any video which does not conform to the above and if needed report such behaviour to the appropriate authorities.
  • Whilst the user is free to say what you wish whilst using the service (exceptions of the above conditions) please be aware that the use of profanities, may upset you beneficiaries. Should you use profanities during your recording, LGA Media Limited reserves the right to edit these.
  • Details of the beneficiaries for whom your assets is for will be required for distribution, similarly we may require a named trustee to ensure such recordings can be delivered at the appropriate time of your choosing.
  • Should the user have opted for one of LGA Media’s bespoke packages, The user is able to amend any recording or cancel this service at any point prior to the recording taking place and receive a refund, less any expenses occurred by LGA Media Limited, however, upon completion of the recording, no refunds shall be available to the user, next of kin, trustee or any other beneficiaries.
  • If the user is unhappy with any of the work undertaken by LGA Media Limited, you are free to make a complaint which will be investigated with the intention of resolving the said issues.
  • Unless expressly objected to the user, LGA Media Limited reserves the right to use the entirety or parts of your recording for advertisement purposes.
  • LGA Media Limited will not disclose any of the users assets to any outside entity that has not been named by the customer, unless specifically agreed with by the customer.
  • Should LGA Media Limited cease trading, LGA Media will ensure that all assets made or left by the user will be delivered to their named trustee/s. LGA Media will accept no liability for the trustee’s failure to deliver the users assets on the specific dates set by the user.
  • It is the responsibility of the trustee to report the death of the user or any changes to the date of delivery or details of the beneficiary. LGA Media Limited will not be liable for any failure of the trustee to share this information.

 

Intellectual property rights

  • All rights to and concerning the Service, regarding intellectual property rights, including but not limited to content and imagery on the website remains vested in LGA Media Limited or its licensor. Usage of this material is therefore not allowed without the prior permission of LGA Media or licensor. Permission can be requested by sending an email. LGA Media Limited reserves the right to refuse permission.
  • All trade names, registered and unregistered trademarks mentioned on the Website and via the Service are vested in LGA Media Limited or the respective owners.
  • The intellectual property rights to material that user uploads, remains vested in user. LGA Limited is merely granted a license by user to process the material in accordance with the agreed purpose. However, by uploading any digital Assets using the system or the services, you hereby grant to LGA Media, and service providers, a non-exclusive, royalty-free and worldwide license, consent and authorization to use such digital assets in any way we may reasonably choose for the purposes of providing the services, including, transmit, index, tag, cache, host, copy, excerpt, create derivative works and modify, in any form or media now known or hereinafter developed, as well as to share digital assets with trustees and beneficiaries, and/or publish, distribute and publicly display such digital assets, as indicated in such User’s account. As a material condition for using the services, you hereby warrant to us that you have the right to grant LGA Media the license for such purposes.
  • LGA Media will retain the user’s recordings for a maximum of 1 year post delivery unless renewed by the user or trustee. After this time LGA Media is entitled to dispose of any data they hold relating to the service between the user and LGA Media.

 

Rights of Third parties

  • If the user infringes on the rights of third parties, these third parties have the right to request LGA Media Limited to modify or delete infringing links or material and to provide them with the personal data of the user (limited to name and address details). LGA Media Limited is not liable for compensation or payment of damages. User hereby gives LGA Media Limited permission to do so in such a case.

 

Liability and indemnification

  • Without prejudice to other remedies as set out in these General Terms and Conditions, LGA Media Limited is not liable for any attributable or other shortcomings (based on tort for example), unless the shortcoming is due to wilful misconduct or conscious recklessness by the management of LGA Media Limited. Any liability on the part of LGA Media Limited is limited to the direct damage and/or loss to the user and is limited to the amount awarded by the insurer.
  • The user accepts the functionality of the service “as is”. Furthermore, the user accepts that the functionality of the service can be subject of unilateral change.
  • The user warrants that their entered data is correct and complete. By accepting these terms and conditions the user indemnifies LGA Media Limited for possible claims regarding non valid or untrue data.
  • LGA Media Limited is not liable for the damage resulting from the illegal opening of a User’s account by a Trustee. It is the responsibility of the user to select a trustee that he or she trusts.
  • The user and trustee acknowledge that LGA Media Limited is an intermediate in which the user among other things can arrange to record their final wishes and goodbyes. It is understood that the user and trustee will work with LGA Media Limited to ensure that these wishes and goodbyes are met and delivered.
  • The user and trustee indemnify LGA Media Limited against all possible claims by third parties, including all claims arising from the incorrect, incomplete and/or non performance of (part of) the last requests and wishes, and the possible illegality thereof.
  • LGA Media Limited is not responsible for any of the content shared by the user but we have the right to review and edit or remove such content if we do not believe if conforms to these terms and conditions.
  • LGA Media Limited accepts no responsibility for any effect your recording will have on third parties. By agreeing to these conditions you the user agrees to indemnify LGA Media against all actions claims losses liability proceedings damages costs expenses loss of business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of content submitted by you to us.
  • LGA Media Limited will safely and securely store your assets, however by agreeing to these terms and conditions it is accepted that should uncontrollable or economic circumstances render your assets lost, LGA Media Limited will not be held liable for any losses suffered.
  • You the user accepts that, except for death or personal injury arising from our negligence, we exclude and disclaim all liability for any indirect, special, unforeseeable, incidental, loss of profits or consequential loss or damage whatsoever or whosoever caused whensoever and howsoever arising in connection with the Website or the services, their use or otherwise.
  • LGA Media Limited may be liable to you for reasonable and foreseeable losses arising as the result of our negligence or otherwise in which case we expect our liability to be limited to the loss suffered by you for damage to tangible property.

 

Warranties

  • LGA Media Limited processes and collects data in accordance with UK and EU legislation.
  • User warrants that the material that User enters or uploads is not illegal and does not infringe on the rights of third parties.
  • User and Trustee(s) warrant that they will act in accordance with the applicable legislation and regulations.
  • While LGA Media Limited makes every effort to ensure the availability of the service, it cannot warrant that the service is always available.

 

Duration and termination

  • These terms and conditions remain applicable to the user for the duration of the user’s account or users death.
  • Dependent on the package chosen, the user will be responsible in making payments to LGA Media. The user will be provided with an invoice when payment is due. 
  • Payments will continue until such a time the users message has been sent or upon death. 
  • LGA Media Limited is entitled to immediately terminate the Agreement unilaterally without giving notice or notice of default. LGA Media Limited has the right to close the account of User without being liable to damage, if (i) LGA Media Limited suffers  reputational damage as a result of actions or negligence of the user or trustee, (ii) if further use of the Website by user or trustee will lead to foreseeable reputational damage for LGA Media Limited, and (iii) if the user or trustee fails to comply with the provisions in these General Terms and Conditions, or (iv) if an account is misused or LGA Media Limited suspects misuse of an Account, in whatever form.
  • LGA Media Limited will destroy data of the user and trustee after the time specified within the users account as set out in the terms and conditions.
  • The user is free to terminate the contact with LGA Media at any point, however LGA Media will off no refunds on payments already made. Should the user wish to terminate the contact with LGA Media, LGA Media requests that the user inform us under the contact area of the website.
  • Should the user terminate the contract, LGA Media will begin deleting the users uploaded date within a reasonable period of time.
  • LGA Media Limited reserves the right to cancel this service giving at least 30 days written notice with an explanation as to the reasons for this. Provided the reason is not due to conditions 3-5, LGA Media Limited will offer a full refund to yourself or next of kin.
  • Should LGA Media Limited representatives receive any abuse during the course of this video being made or shown, LGA Media Limited reserves the right to cancel this service at any time without the option of a refund.
  • LGA Media Limited reserve the right to close your account after the free period if payment is not made.
  • Payments will be taken from the users account until either the user cancels the service or LGA Media is informed of the user’s death. LGA Media will not be held accountable for monies collected until this has been informed.
  • If the user has paid for a subscription annually, the user will be responsible for either renewing or cancelling the service after the duration of 1 year. After this time LGA Media reserves the right to cancel the users account and remove all content of the users from the website.

 

Data Storage

  • LGA Media will securely store all of your digital assets securely but may sub-contract the provision of hosting and server space from third parties. Any servers used by LGA Media are located within the UK and by accepting these terms and conditions you give your consent to this.
  • We will not sell your personal data or use it in any way other than for the purposes of this agreement. Please refer to our privacy policy for further information.

 

Privacy

  • LGA Media Limited will process the user’s, trustees and beneficiaries data in accordance with UK Law and in accordance with it’s privacy policy which forms an integral part of these general terms and conditions.