1. Definitions

“Director”: means a member of the board of directors of Full Circle Funerals  Limited.
“Service Provider”: means Full Circle Funerals Limited.
“Fees”: means the charges which Full Circle Funerals Limited shall levy upon the Client.
“Client”: means any person or persons engaging Full Circle Funerals Limited on the terms in this Contract and includes, unless the context otherwise indicates, that person’s principals, agents, employees and sub-contractors.
“Collection Point”: means the place notified to Full Circle Funerals Limited as the place from which the person who has died is to be collected.
“Destination”: means the place to which the Client has requested Full Circle Funerals Limited to carry the person who has died to include (for the avoidance of doubt) any church, mortuary, crematorium, chapel of rest, hospital, burial ground or other place where the person who has died is to be handed over or buried.
“Undertaker”: means an employee who is employed within Full Circle Funerals Limited in this capacity who may or may not be a Director.
“In Transit”: means the time beginning with collection of the person who has died from the Collection Point and ending with delivery of the person who has died at the Destination.
“Full Circle Funerals”: means Full Circle Funerals Limited, a company registered in England & Wales (registration number 09872440) whose registered office is at 114 Otley Road, Guiseley, LS20 8LZ and who trades as Full Circle Funerals Limited.
“Personal Data” : Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as: “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an  identifier such as a name, an identification number, location data, an online  identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social  identity of that natural person”.

1.1 This Contract shall be entered into between Full Circle Funerals Limited and the  Client by the Client requesting, whether verbally or in writing (electronic or paper based) that Full Circle Funerals perform the activities of funeral undertakers in relation to the person who has died. No verbal variation of the terms of this Contract shall be effective. These conditions apply to the exclusion of and in the place of any terms proposed or put forward by the Client and shall only be capable of variation by a written amendment to them, signed by a Director of Full Circle Funerals Limited. No verbal  warranties, representations, agreements or assurances will bind Full Circle Funerals Limited, other than where provided for in this Contract or by law.

 2. Service Provider Responsibilities

2.1 Subject to the terms of this Contract and in consideration of the payment Full Circle Funerals Limited’s Fees and of any other monies which may become due under this Contract. Full Circle Funerals Limited shall perform the activities of funeral undertakers in relation to the person who has died which shall include carrying the person who has died from the Collection Point to the Destination and using its reasonable endeavours to deliver the Person who has died to the Destination at the time requested and arranged with the Client. Full Circle Funerals Limited shall use all reasonable skill and care when performing its obligations under the Contract.

2.2 Full Circle Funerals Limited shall have absolute discretion as to the means, route and procedure to be followed in the handling and carriage of the person who has died while in transit.

2.3 Full Circle Funerals Limited’s Fees are in respect of its services as funeral undertakers only and the Client acknowledges that all other necessary arrangements with third  parties (such as with ministers, churches, church assistants including vergers, wardens, gravediggers and organists, cemeteries, crematoria, florists, taxi and vehicle hire and newspapers) will be made by Full Circle Funerals Limited acting exclusively as agent for the Client. The Client acknowledges that they shall be responsible for any third party charges. Full Circle Funerals Limited undertakes to disburse third party charges on behalf of the Client and will recover this disbursement from the Client. All disbursements made by Full Circle Funerals Limited on behalf of the Client will be shown itemised on Full Circle Funerals Limited’s invoice.

 3. Client Responsibilities

3.1 Full Circle Funerals Limited’s final Fees are payable by the Client without any right of set off within 30 (thirty) days after receipt of Full Circle Funerals Limited’s invoice. A deposit will be payable in advance to cover known disbursements.

3.2 The client shall notify Full Circle Funerals Limited of any requests or instructions for the disposal of any belongings of the person that has died. Any items the client would like to retain must be reclaimed before the funeral. It is the responsibility of the client to request that the belongings of the person that has died are returned to them or are to be disposed of in a suitable manner.

3.3 The Client warrants the accuracy of all descriptions, addresses and other  particulars furnished to Full Circle Funerals Limited, and the Client undertakes any loss, damage, or expense that arises from any inaccuracy or omission even if such inaccuracy or omission is not due to any negligence on the part of the Client.

3.4 The Client undertakes to ensure, that where they have arranged for persons (this could be friends, family) to carry the person that has died into, and out of the funeral, or at any other time, that the persons selected to perform this task are suitably fit and healthy. No liability can be accepted by Full Circle Funerals Limited for any injury caused except to the extent permitted in law.

3.5 The Client undertakes to indemnify Full Circle Funerals Limited against the claims of any third party which may arise out of the loss damage or distribution of any of the jewellery or personal effects forming part of the person who has died’s estate.

3.6 The Client is responsible for ensuring they are legally entitled to take  responsibility for making funeral arrangements. The client is responsible for making the necessary checks and is full responsible, should there be any legal challenge to them as the rightful client, at any stage.

 4. Limitation of Liability

4.1 Subject to the limits on its liability in clauses 4.2, 4.3 and 4.5, Full Circle Funerals Limited shall only be liable to the Client where it causes by its negligence or willful misconduct delay in the delivery of the person who has died to the Destination.

4.2 Full Circle Funerals Limited shall not be liable to the Client or be deemed to be in breach of the Contract for any reason if the breach of Contract was due to any cause beyond Full Circle Funerals Limited’s reasonable control. The following events shall be regarded as examples of causes beyond Full Circle  Funerals Limited’s reasonable   control but shall not act to limit the general nature of this clause: – Act of God, explosion, flood, tempest, fire, accident, civil disturbance, acts, restrictions, regulations, bye-laws, prohibitions or measure of any kind on the part of any governmental, parliamentary or local authority, difficulties in obtaining labour, fuel, motor vehicle breakdown for whatever reason.

4.3 Full Circle Funerals Limited shall in no circumstances be liable to the Client for any loss, claim or liability of whatever nature caused by the acts or omissions of any third party.

4.4 Subject as expressly provided in this Contract all warranties, conditions, representations or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

4.5 The maximum aggregate liability of Full Circle Funerals Limited to the Client, for any sentimental or direct loss arising out of one or a series of linked events or omissions; and more specifically the loss theft or destruction of any of the      jewellery or personal effects forming part of the person who has died’s estate shall be limited to the value of Full Circle Funerals Limited’s Funeral Directors Fees

4.6 Liability is neither limited nor excluded for death or personal injury, or otherwise where it would be unlawful to do so. Subject thereto,

4.6.1 Liability is excluded for consequential loss or damage of any kind or for loss of profit, business, revenue, goodwill or anticipated savings

4.6.2 The total liability of the Service Provider and any person providing Services on its behalf in respect of a risk required by a Contract to be insured is limited to the amount of the Required Insurance Cover in respect of that risk.

4.6.3 These limitation and exclusion provisions shall operate for the benefit of all potentially liable persons.

 5. Additional conditions relating to Fees

5.1 Full Circle Funerals Limited is entitled to charge interest at the rate of 2% per month or part thereof on any sums due and which remain unpaid at the expiry of 30 days from the date on which they became due and continuing both after and before any judgement.

5.2 In addition to the above, Full Circle Funerals Limited may pass on to the client the cost of any third-party charges or fees (such as but not limited to Court, Sheriff, advocates’ and solicitor’s fees) that it has incurred in the collection of a debt.

5.3 In the event of the insolvency of the Deceased’s estate the Client undertakes to bind himself in his personal capacity as co-principal debtor in respect of any debt arising from this contract which may be due and owing by the person who has died’s estate to Full Circle Funerals Limited.

 6. Cancellation

6.1 The Client has rights to cancel the contract within fourteen calendar days starting on the day that the contract (Estimate of Funeral Charges) is signed. Cancellation should be communicated in writing by post or by email.

6.2 Commencing work during the cancellation period. Due to the nature of the work to be undertaken, the client may require Full Circle Funerals Limited to commence work during the cancellation period. By signing the Estimate of Funeral Charges, the client understands and agrees that, where the client cancels in accordance with their rights, reasonable payment will be due for any work  carried out during the cancellation  period.

 7. Privacy Policy

7.1 Scope: All data subjects whose personal data is collected, in line with the    requirements of the General Data Protection Regulation

7.2 Responsibilities

7.2.1 Full Circle Funerals Limited is responsible for ensuring that this notice is made available to data subjects prior to Full Circle Funerals Limited collecting/processing their personal data.

7.2.2 All Employees of Full Circle Funerals Limited who interact with data subjects are responsible for ensuring that this notice is drawn to the data subject’s attention and their consent to the processing of their data is secured.

7.3 The personal data we would like to process on you is:

7.4 Why does Full Circle Funerals Limited need to collect and store personal data? In order for us to provide you with a funeral service, purchase of a coffin, hire of vehicles and staff and relevant third parties such as celebrants, florists etc we need to collect personal data for fulfilment of the contract and any related correspondence. In any event, we are committed to ensuring that the information we collect and use is appropriate for this purpose, and does not constitute an invasion of your privacy. In terms of being contacted for marketing purposes Full Circle Funerals Ltd would contact you for separate consent.

7.5 The personal data we collect will be used for the following purposes: for the fulfilment of your funeral service. To research and evidence best funeral practice for impacting on grief outcomes.

7.6 Our legal basis for processing for the personal data: fulfilment of our contract with You

7.7 Will Full Circle Funerals Limited share my personal data with anyone else? We may pass your personal data on to third-party service providers contracted to Full Circle Funerals Limited in the course of dealing with you. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfil the service they provide on behalf of Full Circle Funerals Limited. If those third parties wish to contact you for any reason after the service has been  fulfilled they must separately seek your consent and be subject to their privacy policies. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, unless we are legally required to do otherwise. Full Circle Funerals Ltd utilises software which is operated by an external party. At no time does the data placed on this software leave the control or ownership of Full Circle Funerals. The software is GDPR  compliant.

7.7.1 Any legitimate interests pursued by us, or third parties we use, are as follows:
Florist to fulfil order.
Stonemasonry in order to fulfil memorial/masonry requests and/or for memorial to be removed in order for burial to take place.
Solicitor to fulfil legal documents which may be required to fulfil funeral service, or with permission of client to pass on details for will or probate   advice.
GP in order to complete legal cremation documentation.
Minister, celebrant or person leading the funeral service in order to fulfil their    obligations. Crematorium, cemetery, parish church office or burial authority to fulfil person who has died disposal instructions.
Department for Works and Pensions (DWP) in order to fulfil the claim for help   towards funeral costs.
Hosts of the software we use to arrange funerals.

7.8 Consent By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified. Consent is required for Full Circle Funerals Limited to process your personal data, but it must be explicitly given. Where we are asking you for sensitive personal data we will always tell you why and how the information will be used. You may  withdraw consent at any time by contacting us to update your preferences. Please be aware that if this is during the time that we are arranging the funeral it may adversely affect our ability to carry out our contractual obligations.

7.9 Disclosure Full Circle Funerals Limited will not pass on your personal data to third parties without first obtaining your consent. The following third parties may receive your personal data for the following purpose(s):
A local crematorium for the purpose of organising cremation of the person who’s died
A local cemetery for the purpose of organising burial of the person who’s died
A nominated celebrant or minister for the purpose of arranging the funeral  service
A local musician for the purpose of liaising with you for your musical choices for the funeral service
A local doctor or GP in order to complete statutory cremation form 4 in order for a cremation to take place
Our accountants / bookkeeper who process and create our financial records
The department for works and pensions (DWP) who may ask for a copy of the funeral invoice for claims made for help towards funeral costs
The hosts of the software we use to arrange funerals. At no time does data shared with the host leave the control of Full Circle Funerals Limited. The host is under no circumstances permitted to use your personal data for any reason not explicitly requested by Full Circle Funerals.

7.10 Retention period Full Circle Funerals Limited is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.
Full Circle Funerals Limited will process personal data (collect, store and use) the information you provide in a manner compatible with the EU’s General  Data Protection Regulation (GDPR) for as long as is necessary to allow us to fulfil your funeral services in their entirety.

7.11 Your rights as a data subject At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:

• Right of access – you have the right to request a copy of the information that we hold about you.
• Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
• Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
• Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
• Right of portability – you have the right to have the data we hold about you transferred to another organisation.
• Right to object – you have the right to object to certain types of processing such as direct marketing.
• Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
• Right to judicial review: in the event that Full Circle Funerals Limited refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined in clause 7.12 below.

All of the above requests will be forwarded on should there be a third party involved (as stated in 6.9 above) in the processing of your personal data.

7.12 Complaints In the event that you wish to make a complaint about how your personal data is being processed by Full Circle Funerals (or third parties as described in 6.9 above), or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and Full Circle Funerals Limited. The details for each of these contacts are:

 8. Governing Law and Jurisdiction

8.1 The Contract shall be governed by the laws of England and Wales.

8.2 Severability – Notwithstanding that any provision contained in these conditions may prove to be illegal or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.

 9. Complaints

9.1 If you are unhappy with the service and/or products we have provided you can make a complaint. If you feel the need to make a complaint we aim to ensure that

• making a complaint is as easy as possible and we will treat your complaint seriously
• we deal with your complaint promptly and in confidence
• we learn from our complaints and use them to review and improve our service. If you would like to make a complaint you can ask for our complaints procedure booklet or use the details below.

9.2 If you are unhappy with our response you can contact the National Association of Funeral Directors (NAFD)  in any of the ways listed below.