Terms Of Use


Terms of Use Please Read Carefully Before Using This Website:

Final Wish Inc. maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of the finalwish.ca (the “Website” or “Site”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website A. TERMS APPLICABLE TO ALL USERS

1. Overview YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE. For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms of Use, Section A. For users who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your [clicking the "I AGREE TO THE TERMS OF USE" button at the end of these Terms of Use]. IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

2. Changes to Terms

Final Wish Inc. may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. Jurisdiction The Website is directed to those individuals and entities located in Canada. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Final Wish Inc. makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside Canada. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Scope of Use and User E-Mail You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited. E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy . You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. Final Wish Inc. shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Final Wish Inc. is strictly prohibited.

5. Copyrights and Trademarks The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by Canadian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include Final Wish Inc.’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Final Wish Inc. Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Final Wish Inc. You may not use a part of this Website on any other Website, without Final Wish Inc.’s prior written consent. Final Wish Inc. respects the intellectual property rights of others and expects our Users/ users to do the same. The policy of Final Wish Inc. is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at customerservice@finalwish.ca Final Wish Inc. owns the Trademark to the words Final Wish in Canada for the Operation of an interactive website containing information in the field of funeral wishes and instruction upon death, memorial arrangements, burial arrangements, final messages and the ability to create photo slideshows with music. Final Wish Inc. has also applied for this Trademark with the USPTO.

6. Links For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, Final Wish Inc. does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to Final Wish Inc.’s website and the products and services Final Wish Inc. offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Final Wish Inc. reserves the right to terminate any link or linking program at any time. Final Wish Inc. disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites. You may not link to this Website without Final Wish Inc.’s written permission. If you are interested in linking to this Website, please contact andrew@finalwish.ca No Unlawful or Prohibited Use As a condition of your use of the Website, you warrant to Final Wish Inc. that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

7. Spamming Gathering email addresses from Final Wish Inc. through harvesting or automated means is prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Final Wish Inc. should be directed to: customerservice@finalwish.ca

8. No Warranties THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH FINAL WISH INC. EXPRESSLY DISCLAIMS. FINAL WISH INC. DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND FINAL WISH INC. WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. FINAL WISH INC. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY FINAL WISH INC.

9. Governing Law, Location and Miscellaneous These Terms of Use shall be governed in all respects by the laws of the Province of British Columbia, Canada, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

10. Separate Agreements You may have other agreements with Final Wish Inc. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Final Wish Inc.

11. Canadian Resident You represent that you are a resident of Canada. If you are a Non- Canadian Resident you are able to join, but you agree to follow the laws of Canada and the Terms and Conditions for this site.

12. No Professional Advice The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

13. Users Disputes You are solely responsible for your interactions with other Users. Final Wish Inc. reserves the right, but has no obligation, to monitor disputes between you and other Users.

14. User Submissions And Communications; Public Areas: You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Final Wish Inc. or its affiliates for all claims resulting from content you supply. If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Final Wish Inc. by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Final Wish Inc. a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Final Wish Inc. may sublicense its rights through multiple tiers of sub licenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Final Wish Inc. by email. We try to answer every email in a timely manner, but are not always able to do so. Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Final Wish Inc. has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum. Final Wish Inc. reserves the right (but is not obligated) to do any or all of the following: Record the dialogue in public chat rooms. Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s). Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use. Terminate a Member's access to any or all Public Areas and/or the Final Wish Inc. Site upon any breach of these Terms of Use. Monitor, edit, or disclose any communication in the Public Areas. Edit or delete any communication(s) posted on the Final Wish Inc. Site, regardless of whether such communication(s) violate these standards. Delete all the member’s information 1 year after the confidant has entered the exact date of death of the member. Store information including all information on the My Story page with our archives program. Final Wish Inc. will allow anyone to search and view this information as long as Final Wish Inc. exists. Final Wish Inc. reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Final Wish Inc. has no liability or responsibility to users of the Final Wish Inc. Website or any other person or entity for performance or non-performance of the aforementioned activities.

15. Arbitration Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Final Wish Inc. confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the provisions, in effect at the time the proceedings begin, of the Commercial Arbitration Act. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in the province of British Columbia. All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

16. Limitation of Liability YOUR USE OF THE CONTENT IS AT YOUR OWN RISK FINAL WISH INC. SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF FINAL WISH INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY FINAL WISH INC. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

17. Indemnity You agree to defend, indemnify, and hold Final Wish Inc., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use. B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

18. Accounts And Security Final Wish Inc. does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components. As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide Final Wish Inc. with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You may not: select or use a Login Name of another person with the intent to impersonate that person; use a name subject to the rights of any other person without authorization; use a Login Name that Website, in its sole discretion, deems inappropriate or offensive. You shall notify Final Wish Inc. of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Final Wish Inc.’s sole discretion, and you may be reported to appropriate law-enforcement agencies. You will not provide any false personal information on Final Wish Inc., or create an account for anyone other than yourself without their permission. You will not create more than one personal account. If we disable your account, you will not create another one without our permission. You will not use Final Wish Inc. if you are under 13. Without a legal guardian setting up an account for you. You will keep your contact information accurate and up-to-date. You will not share your password or let anyone else access your account, or do anything else that might jeopardize the security of your account.

19. Safety We do our best to keep Final Wish Inc. safe, but we cannot guarantee it. We need your help to keep Final Wish Inc. safe, which includes the following commitments by you: You will not post unauthorized commercial communications (such as spam) on finalwish.ca The Final wish platform???? Could be many addresses all over the world? You will not upload viruses or other malicious code. You will not solicit login information or access an account belonging to someone else. You will not upload content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. You will not use Final Wish Inc. to do anything unlawful, misleading, malicious, or discriminatory. You will not do anything that could disable, overburden, or impair the proper working or appearance of Final Wish Inc., such as a denial of service attack or interference with page rendering or other Final Wish Inc.’s functionality. You will not upload photos or music that you do not have direct ownership of. You will not upload false or misleading information to the My Story page of the website.

20. Responsibilities and Ownership Final Wish Inc. is not responsible for demands or wishes not carried out. It is the responsibility of the “confidant” or friends and family to do their best to follow the wishes or demands stored on the website. Final Wish Inc. is not responsible for the content uploaded by members and the member agrees to upload content (photos, music) that they have direct ownership of. Also they agree that the music they upload was purchased through legal means and was not downloaded illegally. Final Wish Inc. is not responsible for licenses required to play music accompanying any slideshow displayed. The “confidant” or the member’s family or friends or the establishment where the slideshow will be shown is responsible for any licenses needed to play the slideshow with music. SOCAN is Canada’s governing body when it comes to re-broadcasting music in a live venue. Please contact them to see if these licenses are necessary and to secure the licenses if needed. Final Wish Inc. is not responsible for any issues that arise when displaying the content/slideshow from site problems, internet connection or inadequate computer equipment.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at Final Wish Inc. #672-2768 West Broadway Vancouver, BC Canada V6K 2G4.

21. Payment of Fees

1. Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

2. If you are a resident of Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Final Wish’s products and services. These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such amounts are in addition to fees for such products and services and will be billed to the credit card you use to pay for the products and services. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.

3. If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Final wish’s products and services, including without limitation, your subscription to or purchase of Final Wish's Online Services, apps, Themes and domains (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings

4. If you are not a resident of Canada or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of Final Wish’s products and services, you must provide us with a statement by email to customerservice@finalwish.ca stating that: (i) you are not a resident of Canada or the U.S.; (ii) you are not GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when Final Wish's products and services were made available to you. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of Final Wish’s products and services, which will be billed to your credit card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to customerservice@finalwish.ca

5. Final Wish does not provide refunds.

22. Cancellation and Termination.

1. You may cancel your Account at anytime by emailing customerservice@finalwish.ca and then following the specific instructions indicated to you in Final Wish's response.

2. Upon termination of the Services by either party for any reason: Final Wish will cease providing you with the Services and you will no longer be able to access your Account; unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rated or otherwise; any outstanding balance owed to Final Wish for your use of the Services through the effective date of such termination will immediately become due and payable in full.

3. If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

4. We reserve the right to modify or terminate the Final Wish Service or your Account for any reason, without notice at any time.

5. Fraud: Without limiting any other remedies, Final Wish may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

23. Disclaimer

In no event will Final Wish be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or liability to the User for in connection with, the use of this website.

Every effort is made to keep the website up and running smoothly. However, Final Wish takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.