1. Acceptance of Terms
By using Always & Forever (the “Website”) and its services, you agree to be bound by these Terms and Conditions (the “Terms”). If you do not agree to these Terms, you may not use the Website.
2. Use of the Website
a. You must be at least 18 years old to use the Website.
b. You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website.
c. You may not use the Website to transmit any viruses, malware, or other harmful code.
d. You are responsible for maintaining the confidentiality of your account information.
3. Content
a. You retain ownership of any content you submit to the Website (“User Content”), but you grant Always & Forever a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute your User Content in connection with the Website and its services.
b. You are solely responsible for your User Content and represent that you have all necessary rights to submit it to the Website.
c. You agree not to submit User Content that is illegal, obscene, defamatory, or infringes the intellectual property rights of others.
d. Always & Forever reserves the right to remove any User Content that violates these Terms.
4. Privacy
Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and disclose your personal information.
5. Disclaimer of Warranties
The Website is provided on an “as is” and “as available” basis. Always & Forever makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website.
6. Limitation of Liability
Always & Forever will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
7. Indemnification
You agree to indemnify and hold Always & Forever harmless from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with your use of the Website or your violation of these Terms.
8. Modifications to the Terms
Always & Forever reserves the right to modify these Terms at any time. Your continued use of the Website following any changes constitutes your acceptance of the new Terms.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of San Jose, Costa Rica. Any dispute arising under these Terms shall be resolved exclusively in the courts of San Jose, Costa Rica.
10. Termination
Always & Forever may terminate your access to the Website at any time for any reason.
11. Payment Terms
a. Fees: Creating and publishing a memorial tribute on Always & Forever requires payment of the applicable fees as outlined on the Website. Fees may vary depending on the chosen tribute package or additional services selected.
b. Payment Methods: We accept the following payment methods:
- Direct Wire Transfer: Instructions for wire transfers will be provided upon checkout. Please allow 1-3 business days for processing.
- PayPal: You can securely pay using your PayPal account.
- Visa/Debit: We accept major Visa and debit cards.
- SINPE Móvil: For Costa Rican users, SINPE Móvil payments are available.
c. Refunds:
- Before Publication: If you request a cancellation and refund before your tribute is published, you will receive a full refund.
- After Publication: Due to the personalized nature of memorial tributes, we cannot offer refunds once a tribute has been published. However, we will work with you to address any errors or concerns to ensure the tribute accurately honors your loved one.
d. Chargebacks: If you initiate a chargeback with your financial institution after a tribute has been published, we reserve the right to remove the tribute from the Website pending resolution of the chargeback dispute.
e. Currency: All payments are processed in Colones, unless otherwise specified.
f. Taxes: You are responsible for any applicable taxes associated with your purchase.
g. Failed Payments: If a payment fails to process, we will notify you and provide instructions on how to update your payment information or retry the payment. We may temporarily suspend access to the tribute creation process until payment is successfully completed.
h. Payment Disputes: If you have any concerns or disputes regarding a payment, please contact our customer support team for assistance.
12. Recovery Support
We understand that sometimes life happens and details can get lost. We offer recovery support for your peace of mind. If you lose your tribute details, we can resend them to you upon request. The recovery timeframe varies depending on the package you chose.