ZEPHORUM TERMS AND CONDITIONS
Zephorum S.r.l., (address: Piazza Deffenu n° 9 – 09125 Cagliari, VAT Number 04020450922), e-mail address: [email protected] (hereinafter referred to as “Zephorum” or “the Company“), is a company that offers online funeral services: from virtual burial, in private or public form, to obituaries, telegrams, and commemorations. Zephorum facilitates the recovery of data from the web and provides the opportunity to remember and honor loved ones through the so-called Webetery, the cemetery of digital existences. It also offers services to choose one’s own testamentary wishes of digital legacy.
- DEFINITIONS 2
- SUBJECT OF THE CONTRACT 3
- SERVICE DETAILS 3
- ACCESS CREDENTIALS 3
- COMMUNICATIONS BETWEEN THE PARTIES 4
- CONTRACTUAL OBLIGATIONS OF ZEPHORUM 4
- CONTRACTUAL OBLIGATIONS OF CUSTOMER 4
- FEE AND PAYMENT 5
- PROHIBITION OF ASSIGNMENT OF THE CONTRACT 5
- EFFECTIVENESS AND DURATION 5
- MEMBERSHIP AND WITHDRAWAL OF THE SERVICE 5
- WITHDRAWAL OF THE CUSTOMER 5
- CHANGES IN SERVICES AND CHANGES TO CONTRACTUAL CONDITIONS 6
- EXPRESS TERMINATION CLAUSE 6
- ZEPHORUM RESPONSIBILITIES AND REPRESENTATIONS 6
- CUSTOMER RESPONSIBILITIES AND REPRESENTATIONS 7
- SUSPENSION AND/OR TERMINATION OF THE CONTRACT 7
- INTELLECTUAL PROPERTY 8
18.1 ZEPHORUM EXCLUSIVE RIGHTS 8
18.2 ONLINE ACCOUNT LICENSE 8
18.3 CUSTOMER LICENSE TO ZEPHORUM 8
- INDEMNITY 9
- PERSONAL DATA PROTECTION 9
- APPLICABLE LAW AND JURISDICTION 9
- CONTACTS 9
- FINAL PROVISIONS 9
For the purposes of the Contract, those listed below, if reported in any document of the contractual complex with a capital letter, must be understood with the meaning attributed to them in this paragraph or in another article of these General Conditions. Terms indicated in the singular are also intended in the plural and terms indicated in the plural are also understood in the singular.
- Access Credentials: refers to the identification code (i.e., username) and access keys (i.e., password) provided by Zephorum to the Customer and necessary to access the Platform for the provision of Services;
- Confidential Information: refers to all information, news, documents, data, as well as the Access Credentials and the content of the Services, to which the Customer has access within the scope of the Contract and by virtue of the use of the Services;
- Consumer Code: D.Lgs. 6 settembre 2005, n. 206;
- Contents: refers to any and all data and/or information contained in the Services, including, but not limited to, telegrams, obituaries, memory notices, thoughts etc. to which the Customer has access by virtue of the Contract;
- Customer: the purchaser of the Service for access to the Platform;
- Fees: refers to the amounts, indicated in the section relating to the payment of the requested Service, which the Customer undertakes to pay to Zephorum;
- Intellectual Property: means any intellectual and/or industrial property right, registered or unregistered, in whole or in part, anywhere in the world, relating to – including but not limited to trademarks, patents, utility models, designs and models, domain names, know-how, works covered by copyright, databases and software (including, but not limited to, their derivatives, source code, object code and interfaces);
- Platform: refers to the website that Zephorum makes available to the Customer to use the Services offered within the scope of the Contract;
- Parties to a contract: Zephorum and Customer;
- Personal Data Protection law: Regulation (EU) 2016/679 (“GDPR”), Legislative Decree No. 196 of 30 June 2003 as amended by Legislative Decree No. 101 of 10 August 2018 (“Personal Data Protection Code”) and Italian Data Protection Autority’s decisions;
- Regulations on Information Society Services and Electronic Commerce: D. Lgs. 9 aprile 2003, n. 70; Digital Services Act (Regulation 2022/2065/EU)
- Services: refers to all activities carried out by Zephorum in execution of the Contract, such as the provision of the Platform and the supply of Contents that the Customer can benefit from under the Contract;
- User: means each natural person, also as a representative, of the Customer, authorized by the latter to access the Services on behalf of the same Customer.
For the purposes of the Contract, the definitions of ‘Personal Data’ and ‘Data Subject’ provided in the GDPR also apply.
2. SUBJECT OF THE CONTRACT
Terms and Conditions (hereinafter also referred to as the “General Conditions” or T&C), as well as the attachments and the possible post mortem exequendum mandate or mandate pursuant to art. 2 terdecies Privacy Code (hereinafter the “Mandate”), constitute the “Contract” and have as their object and regulate the procedure for purchasing the provision of services offered through the Zephorum platform (hereinafter the “Platform”)
The present General Conditions are provided to the Customer in Italian and English language.
The General Conditions are made known to the Customer in compliance with the provisions of the Consumer Code and the Regulations on Electronic Commerce and in compliance with the provisions of the Regulations on the protection of personal data.
3. SERVICE DETAILS
The Zephorum Platform offers its Customers a wide range of online funeral services: from virtual burial, in private or public form – through the recovery and protection of the personal data of the deceased, protected under art. 2 terdecies of the Privacy Code of the different online profiles owned; and still obituaries, telegrams, as well as the possibility to create and/or participate in commemorations for the deceased. Zephorum provides the opportunity to remember and honor loved ones through the so-called Webetery, the cemetery of digital existences.
It also offers services to choose one’s testamentary wishes for digital inheritance.
The details related to the Services offered can be consulted in the ‘Online Funeral Services’ section of the Platform.
The Customer, by adhering to the General Conditions, can take advantage of the various Services offered. For specific functionalities and a complete description of the characteristics, please refer to the appropriate section of the Zephorum Platform.
4. ACCESS CREDENTIALS
The Customer, in order to use the Services of the Platform, must Register and create a user profile (hereinafter also “Profile”). The Access Credentials are represented by the username/email address and a password freely chosen by the Customer.
The Customer acknowledges that he is the sole and exclusive responsible for the correct use of the Access Credentials by each User, pursuant to art. 1381 c.c., and undertakes to keep them with the utmost confidentiality and diligence and not to transfer and/or disclose them and/or allow their use by any unauthorized third party.
Zephorum cannot be held responsible for any damage, loss, suffered by the Customer and/or third parties as a result of the failure to comply, by the Customer and/or each User, with the provisions of the present article.
In the event that the confidentiality of the Access Credentials is compromised for any reason (for example, but not limited to: theft or loss), the Customer will have to recover the password by clicking on ‘Forgot password?’ present on the access page to the Platform and reset a new password.
5. COMMUNICATIONS BETWEEN THE PARTIES
Communications between the Parties must take place in writing at the correspondence addresses, as specified at the time of profile creation on the Zephorum website. The Parties undertake to promptly report any changes.
Changes to the conditions of the Contract that do not require the express consent of the Customer will be communicated through notice and publication on the Zephorum Platform.
6. CONTRACTUAL OBLIGATIONS OF ZEPHORUM
For the purpose of executing the Service, Zephorum undertakes to:
- activate itself with the utmost commitment, due professionalism and to the best of its technical knowledge;
- carry out the agreed activities, in compliance with the terms and methods established by the Contract and related Attachments.
- For the agreed activities that depend on the collaboration of the information service providers who host the Client’s Content, Zephorum will endeavor to support in the best possible way the Client in the exercise of their rights.
7. CONTRACTUAL OBLIGATIONS OF CUSTOMER
The Customer expressly declares to be aware of the characteristics of the Services, the Contents and their operation, the characteristics of the data and information provided in the context of the Services, as well as the related Fees, as indicated for each Service on the Platform.
By accepting the Contract, the Customer undertakes to:
- pay the Fee for the Service requested to Zephorum as specified in the section reserved for payments of the Platform.
- provide Zephorum with all the data, information and documents, complete and correct, according to the regulatory requirements, necessary for the correct performance of the activities covered by the Contract and for the use of the Services by the Customer;
- use the Platform, the Services, the Contents, the data and the material in the context of the Services in accordance with the provisions of this Agreement;
- not to circumvent, violate and/or circumvent the protective measures set up to protect the Contents. It is understood between the Parties that Zephorum will not be responsible for any prejudices and/or damages, also resulting from the violation of Intellectual Property Rights of third parties;
- in the case of post-mortem exequendum mandate and digital mandate pursuant to art. 2 terdecies Privacy Code, the Customer guarantees to be the subject to whom the personal data refer (the interested party) or to be the one who by law or delegate of the interested party is entitled to exercise the rights referred to in articles 15-22 GDPR.
8. FEE AND PAYMENT
For the purchase of one or more Services, the Customer is required to pay the Fees for the Services selected according to the methods defined in the specific purchase section of the Zephorum Platform.
The prices displayed on the Platform for each Service are indicated in euros, are those in force and include VAT (value added tax). However, they may undergo changes at any time, without prejudice to orders already placed by the Customer.
Payments are made in a secure manner by means of online payment or by check payment according to the methods indicated in the appropriate section of the Platform.
After the payment of the amount by the Customer, Zephorum sends an email to confirm the purchase to the email address indicated at the time of payment.
The Customer expressly waives the right to propose any objection and/or dispute against Zephorum without having first fulfilled his payment obligations pursuant to this article.
9. PROHIBITION OF ASSIGNMENT OF THE CONTRACT
The Contract stipulated between the Parties cannot be transferred to third parties other than those possibly indicated in the phase of purchasing the Services and in the Mandate contract.
10. EFFECTIVENESS AND DURATION
The Contract is considered effective from the moment of its acceptance on the Platform. The Contract continues until the Customer or Zephorum deletes the personal profile activated in order to use the Services on the Platform.
11. MEMBERSHIP AND WITHDRAWAL OF THE SERVICE
The Contract between Zephorum and the Customer is considered concluded at the time of selection of one or more of the Services and payment of the required Fee.
Zephorum reserves the right to revoke access to the Service of the Customer who at any time is responsible for violations of these General Conditions or who has provided false personal information.
12. WITHDRAWAL OF THE CUSTOMER
The Customer, according to the provisions of the articles 52 et seq. of the Consumer Code has the right to withdraw, without giving reasons, from the Contract concerning the provision of services by Zephorum within 14 days starting from the day of conclusion of the Contract. The intention to withdraw from this Contract must be communicated to Zephorum according to the methods indicated in clause 5.
In the event that the Customer exercises his right of withdrawal, the Customer will be entitled to a refund of the Fee already paid referring to the Service(s) not used.
However, the exceptions to the right of withdrawal provided for in Art. 59, letters a), c), o) of the Consumer Code apply. Therefore, the Customer’s right of withdrawal cannot be exercised in the following cases: after the complete provision of the Service by Zephorum; when the Services have been customized based on the Customer’s choices or made to measure for them; if the Service chosen by the Customer consists of the supply of digital content via a non-material medium. With the choice of a Service offered by Zephorum and the payment of the price on the Platform, the Customer authorizes Zephorum to immediately start the execution of the requested Service and expressly waives the exercise of the right of withdrawal, for the cases just indicated (art. 59, letters a), c), o) Consumer Code).
13. CHANGES IN SERVICES AND CHANGES TO CONTRACTUAL CONDITIONS
Zephorum reserves the right to modify the Contractual Conditions and the Services offered at any time by modifying, eliminating the existing ones or adding further ones, making them available to the Customer under the conditions and for the duration of the Contract. The Customer will be informed of such changes to the Contractual Conditions and/or in relation to the changes to the Services offered in the manner indicated in clause 5.
In the event that Zephorum decides to cancel one of the Services already purchased by the Customer, the Contract will lose effect with reference to the canceled Service only and the Customer will be entitled to a refund of the part of Fees already paid and not used referring to the single canceled Service or its attribution to further Services covered by the Contract and according to the methods better specified in the payments section of the Platform.
14. EXPRESS TERMINATION CLAUSE
Without prejudice to compensation for damages and without prejudice to the provisions of clause 19. (Indemnity), Zephorum reserves the right to terminate the Contract, by written communication by PEC and/or registered letter with return receipt, in the event of non-fulfillment by of the Client and/or each User, even of only one of the following clauses: 5. (Communications), 7. (Contractual obligations Customer), 8 (Fees and payments), 9. (Prohibition of transfer of the contract), 16. (Responsibilities and customer declarations), 17. (Suspension and/or interruption), 18. (Intellectual property).
15. ZEPHORUM RESPONSIBILITIES AND REPRESENTATIONS
Without prejudice to the mandatory limits of the law in cases of willful misconduct or gross negligence, Zephorum cannot, under any circumstances, be held liable for any damages, losses and/or costs, direct or indirect, of any nature and entity, which the Customer may suffer as a result of the use of the Services, the Contents, and/or any incompleteness or inaccuracy of the same.
Without prejudice to the foregoing, by way of example, Zephorum cannot, under any circumstances, be held responsible for any damages, losses and/or costs, direct or indirect, of any nature or entity, that the Customer may suffer as a result of: (a) the use or non-use of the Services and/or the Platform and/or the Contents; (b) of inaccuracies and/or untruthfulness of data, information and documentation provided by the Customer; (c) loss of data and/or damage to the IT infrastructure resulting from the use or non-use of the Platform; (d) the use of the Services and/or the Platform and/or the Contents in a manner that does not comply with the provisions of the Contract and/or with the laws and regulations applicable from time to time; (e) any malfunctions and/or lack of use of the Platform which are the result of an IT infrastructure that is inadequate to allow the correct use of the same.
16. CUSTOMER RESPONSIBILITIES AND REPRESENTATIONS
The Customer undertakes to comply with the provisions of these General Conditions and any applicable Special Conditions, to use the Services and Contents in compliance with the Contract and with the regulatory provisions in force from time to time, including the ones regulating protection of Intellectual Property and Personal Data. In case of non compliance, he will be considered solely and exclusively responsible.
It is prohibited to use the Services and/or the Platform for the purpose of depositing, storing, sending, publishing, transmitting and/or sharing data, applications or IT documents which: (a) conflict or violate the Intellectual Property rights owned by Zephorum and/or third parties; (b) contains discriminatory, defamatory, libelous or threatening content; (c) contain material that is pornographic, child pornography, obscene or otherwise contrary to public morals; (d) contain viruses, worms, trojan horses or, in any case, other computer elements of contamination or destruction; (e) constitute spamming, phishing and/or similar activities; (f) are in any case in conflict with the applicable laws and/or regulations.
17. SUSPENSION AND/OR TERMINATION OF THE CONTRACT
Zephorum reserves the right to suspend or prohibit the Client and/or each User from using the Services, individually or as a whole, and also from accessing the Platform (so-called Profile blocking): (a) in all cases where Zephorum would be entitled to terminate the Contract pursuant to Clause 11. (Membership and withdrawal of the service) and 14. (Express termination clause); (b) in the event of a request to that effect by the judicial or administrative authority; (c) in the event of violation by the Customer and/or each User of the legal obligations regarding the use of the Internet; (d) in cases of violation of the law by the Customer, even if not definitively ascertained.
18. INTELLECTUAL PROPERTY
18.1 ZEPHORUM EXCLUSIVE RIGHTS
All Intellectual Property rights on the Zephorum brand, on the Platform, on the Zephorum Contents and on the Services offered are and remain the exclusive property of Zephorum and therefore, their use is strictly limited to what is expressly provided for in the Contract.
The Customer undertakes to use the Services, the Contents, the Zephorum Platform in full compliance with the Intellectual Property rights owned by Zephorum S.r.l. and in compliance with current legislation on Intellectual Property.
The Customer undertakes to use the Services, the Contents, the Zephorum Platform in full compliance with the Intellectual Property rights owned by Zephorum S.r.l. and in compliance with current legislation on Intellectual Property.
Zephorum is not responsible for any prejudices and/or damages that the Customer may suffer as a result, or in any way connected, to disputes for violations of third party rights in relation to Contents from sources other than Zephorum S.r.l.
18.2 ONLINE ACCOUNT LICENSE
To provide some of the Services chosen by the Customer such as “Urn” and “Tomb”, Zephorum will take care of managing the digital legacy of the deceased by recovering the online accounts of the deceased (social media; email accounts and cloud services) and based on modalities that will be chosen by the Customer (for example “rest in privacy” or “rest in public”). Zephorum provides the aforementioned Services by signing a specific post mortem exequendum Mandate and/or a digital Mandate pursuant to art. 2 terdecies Privacy Code in order to be able to exercise the rights of the interested parties pursuant to articles 15 – 22 GDPR. To allow the Customer to use the Services of the Platform, Zephorum grants the Customer, who accepts, a non-exclusive, non-transferable, temporary and limited license to use the related Services (“Licence”).
18.3 CUSTOMER LICENSE TO ZEPHORUM
The Contents and information that the Customer sends or publishes when using the Services offered by the Platform (by way of example but not limited to: photographs of the deceased, videos, thoughts) are the property of the Customer, who grants Zephorum a non-exclusive license:
a worldwide, non-transferable and non-sublicensable right to use and process information and Content that the Client provides through the Platform Services, without further consent, notice and/or remuneration to the Client.
Limitations on these rights:
- the Customer may terminate this license for specific content by deleting such Content from the Services or generally deactivating his account, except for the reasonable time necessary to remove it from backup and other systems.
- Zephorum may change and modify the format of the Content (for example, change the size, layout or file type of an Obituary, or remove metadata), but will not change the meaning of the personal expression.
- The Client owns its Content and information and Zephorum has only non-exclusive rights to it. The Customer may choose to make them available to third parties, also under a Creative Commons license.
If, for any reason, User Content is deleted from Zephorum’s systems, the license granted by Customer to Zephorum will cease to exist.
The Customer undertakes to indemnify and hold Zephorum harmless from any damage, cost, expense, claim, liability and/or burden, direct or indirect, including legal expenses, that Zephorum should suffer or bear as a result of the Customer’s failure to fulfill the obligations referred to in the following clauses: 7. (Contractual Obligations of Customer), 8. (Fees and payments), 9. (Prohibition of contract assignment), 12. (Withdrawal of the Customer), 16. (Customer’s liability and representations), 18. (Intellectual Property)
- PERSONAL DATA PROTECTION
Zephorum S.r.l. processes the personal data of the Customer for the execution of the requested Services according to the terms and methods better specified in the Annex Information on the processing of personal data.
- APPLICABLE LAW, JURISDICTION AND ONLINE DISPUTE RESOLUTION SYSTEM
The Contract, the rights and obligations of the Parties deriving from it, are governed by Italian law. The Court of Cagliari will have exclusive jurisdiction over all disputes that may arise between the Parties in relation to this Contract.
The Customer who qualifies as a consumer under the Consumer Code may, in any case, use the European platform for the online resolution of consumer disputes (ODR platform), available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT. Through the ODR platform, the Customer who qualifies as a consumer can consult the list of ADR bodies, find the link to the website of each of them, and start an online dispute resolution procedure in which they are involved.
Zephorum address: Piazza Deffenu n° 9 – 09125 Cagliari; e-mail address: [email protected].
- FINAL PROVISIONS
These Terms and Conditions are available on the Zephorum platform in the _________ section, the Customer is required to consult them before proceeding with the purchase of the Services offered.
By adhering to the Terms and Conditions, pursuant to articles 1341 and 1342 of the civil code, the Customer declares to accept with specific approval the clauses of: 7. (Customer’s obligations), 8. (Fees and payments) , 9. (Prohibition of assignment of the Contract), 16. (Responsibilities and declarations of the Customer), 17. (Suspension and/or interruption), 18. (Intellectual Property), 19. (Indemnity), 21. (Applicable Law and Jurisdiction).