thurrock.gov.uk

Terms of Service

Effective date: July 31, 2025

Welcome to Everafter operated by PlotBox (referred to herein as “us,” “we,” “our,” or “PlotBox”). We operate the Everafter website at www.discovereverafter.com which helps people connect to a loved one’s final resting place and discover family history through free search tools and interactive cemetery maps. We also offer online services that allow visitors to purchase tributes such as the delivery of remembrance flowers to a gravesite or the planting of memorial trees. These service offerings, collectively with the operation of our websites, are referred to here as our “Services.”

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION AND THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE WEBSITE AND YOUR PURCHASE OF SERVICES. THIS AGREEMENT INCLUDES PROVISIONS FOR ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS AND WITHOUT A JURY.

These terms of service (“Agreement”) apply to you (“You” or “Your”) and Your use of the Services. You must be at least 18 years of age to use the Services. Use of this website and any Services under this Agreement is for private personal use by individuals only. Commercial use of the search tools and other Services is strictly prohibited and allowed only under separate written agreement terms with PlotBox.

If you do not accept all terms and the conditions of this Agreement, including the PlotBox Privacy Policy, incorporated by reference, then You may not use the Services. Your use of the website and other Services constitutes your acceptance of this Agreement and the PlotBox Privacy Policy.

Changes to this Agreement. We may change, add, or remove or otherwise modify portions of this Agreement and our Privacy Policy at any time by notifying You of the change in writing, including by email, notifications within the Services, and/or by posting the changed terms here and updating “Last updated” date. Such changes become effective and are accepted by You if You continue use of the website or order Services after We have made any such notifications.
Permitted Use. Subject to the terms and conditions of this Agreement, you may access and use the free Services available on our website for your personal, non-commercial purposes only. You may only access information made available on our website through our databases by using the human user interface provided on the website. You may not seek to download bulk data or use other methods to extract or collect information from our website’s databases and data sources through use of scraping, bots, or other automated means.
Purchasing Services; Payments. By placing an order on our website for paid Services, You are giving PlotBox permission to charge Your credit card or other approved method of payment we accept (Your “Payment Account”) for purchases You make, including payment of any applicable sales, VAT, or similar transaction taxes, as well as any additional costs or fees specified at the time of order. Orders once made may not be cancelled by You, and payments are due in full and charged at the time of purchase. If Your Payment Account declines Your purchase, We may cancel your order or suspend the Service until You establish a new Payment Account and pay all amounts due.
Billing and Payment Disputes. You agree to notify Us by email at memorialtrees@discovereverafter.com in writing in the event You have a good faith dispute as to any charges made by Us to your Payment Account. We will work together with You in good faith to resolve the applicable dispute promptly. You agree not to seek a chargeback on your Payment Account until You have provided Us notice and We have had a reasonable opportunity of at least five (5) business days to resolve the dispute with You first.
Your Responsibilities When Purchasing Services. When purchasing Services from Our website, you agree that: (i) you are responsible for reading and understanding the full descriptions of the Services and any deliverables, the scope and estimated timing of delivery of any items (including gravesite delivery services when applicable), and estimated delivery timing of any confirmation images or notices for Services ordered, and other terms and information relevant to your purchase posted at the time of purchase in this Agreement and during your purchase and check-out process; (ii) when applicable, you are responsible for identifying the specific gravesite to which any delivery will be made (only one gravesite may be specified per order) and any shipment addresses for Services delivering certificates or deliverables to You or a designated recipient, and We will not be responsible, and no refunds will be given, for failure of delivery due to inaccurate information or a misidentification that you provided with your order; (iii) you intend to enter into a legally-binding contract to purchase a Service when you submit the online order form and complete the check-out payment process, and you understand once submitted your order may not be cancelled; and (iv) any delivery dates stated are estimates and can be affected by numerous factors not in Our control and therefore delivery dates are not guaranteed.
Restrictions on Use. You may not use our website or online Services except as permitted in this Agreement. You may not cause or permit any third party to: (i) alter, modify or create any derivative works of the website, including without limitation customization, translation or localization; (ii) port, reverse compile, reverse assemble, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the website or to access and reproduce our databases and data sources; (iii) copy, distribute, link, frame, mirror or otherwise make available any portion of the website to any third party, or distribute or resell the Services; (v) remove or alter any logos, trademarks, links, copyright or other notices, legends or markings; (vi) attempt to bypass or tamper with the security, operation, use limits, or access control technology of the website and Services; (vii) attempt to access the accounts or data of any other customer or user; (ix) use, or allow the use of, the Service(s) by anyone located in, under the control of, or a national or resident of a U.S. embargoed country or territory or by a prohibited end user under export control laws; (x) use the Service(s) in a manner that interferes with the use or enjoyment of it by others, including using the Service(s) to create, use, send, store, or run viruses or other harmful computer code, files, scripts, agents, or other programs, or circumventing or disclosing the user authentication or security of the Service(s) or any host, network, or account related thereto; or (xi) use the website or other Services in a way that violates applicable law or infringes upon the rights of a third party, including those pertaining to contract, intellectual property, privacy, or publicity or that causes or facilitates the storage or transmission of libelous, tortious, or otherwise objectionable or unlawful material including, but not limited to, material that is harassing, threatening, or obscene. Notwithstanding any other provision of this Agreement, in the event of breach of any restrictions in this Section, We shall have the right upon notice to immediately suspend access to the website and Services until such breach is corrected.
Feedback. We encourage You to provide suggestions, proposals, ideas, recommendations, or other feedback regarding improvements to our website and other Services (“Feedback”). To the extent You provide Feedback, You grant Us a non-exclusive, royalty-free, fully paid, sub-licensable, transferable, irrevocable, perpetual, worldwide right and license to make, use, sell, offer for sale, import and otherwise exploit Feedback (including by incorporation of such Feedback into the Services without restriction), provided that such Feedback does not identify You without Your prior written consent and such Feedback cannot be tracked back to you as the source.
Support, Security and Privacy.
1. Support. We will use commercially reasonable efforts to provide basic support for Service orders and fulfillment via our posted communication channels during our ordinary business hours.
2. Security. We shall maintain administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Your personally identifiable information (“Personal Information”) in accordance with PlotBox’s Privacy Policy incorporated by reference. Except as expressly described in our Privacy Policy, We shall not (i) modify Personal Information, (ii) disclose Personal Information to a third party (except as needed to perform the Service or if required to do so by law or governmental process), or (iii) access Personal Information except to provide the Services and prevent or address Service or technical problems or reports of abuse or fraud. In the event of an intrusion or other breach of the Services security, We shall use reasonable efforts to notify You of the breach as required by law, once an investigation into the nature of the breach has been conducted and concluded, and sufficient steps to remediate or correct the breach have occurred to secure customer data and such steps would not be further jeopardized by such notification, and resolve the breach and recover any data disclosed as a result thereof.
3. Privacy. You acknowledge that We will, and You permit Us to, collect, use, and disclose anonymized information about the use of our website and other Services, including, without limitation, information about the performance of the Services and other data derived from the use of the Services, which we may use for industry analysis, benchmarking, analytics, marketing, to improve or enhance the Services, and any other business purposes; provided, that all such data disclosed will be aggregated or otherwise de-identified so it contains no Personal Information and cannot be traced back to You. As between the parties, We own all right, title, and interest in and to such anonymous data.
Limited Warranties; Disclaimers
1. Paid Services. For paid Services that you order from Our website, we warrant for a period of thirty (30) days from purchase that the Services will conform in all material respects to Our descriptions and estimated delivery schedules stated at the time of order: provided, however, We are permitted to make reasonable substitutions based on availability, and we may make reasonable adjustments to any applicable delivery dates based on Our commercially reasonable efforts to meet any initial estimated delivery dates. As your sole and exclusive remedy for any breach of this limited warranty, if you provide Us with notice of a warranty claim within thirty (30) days of purchase, we shall, at Our option, either reperform the Service in a conforming manner, or refund to You your purchase price for the Service.
2. EXCEPT AS EXPRESSLY STATED HEREIN, THE WEBSITE AND OTHER SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER AND WE HEREBY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICES WILL BE FREE FROM ERRORS OR TIMELY, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, ACCURACY, OR ACHIEVEMENT OF RESULTS.
3. LAWS IN CERTAIN JURSDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES. TO THE EXTENT SUCH LAWS APPLY, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH HEREIN MAY NOT APPLY AND OTHER RIGHTS MAY BE AVAILABLE TO YOU.
General Limitation of Liability. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PLOTBOX, ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE UNDER OR RELATING TO THIS AGREEMENT AND THE SERVICES HEREUNDER TO YOU OR ANY OTHER PARTY OTHER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, WHETHER OR NOT FORESEEABLE AND EVEN IF SUCH PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PLOTBOX, ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE TO YOU IN THE AGGREGATE FOR ANY CLAIM UNDER OR RELATING TO THIS AGREEMENT IN AN AMOUNT EQUAL TO THE GREATER OF (I) ONE HUNDRED US DOLLARS (USD 100) OR (II) THE PAYMENTS PAID OR PAYABLE BY YOU FOR THE MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.

Contracting PlotBox Party; Governing Law; Arbitration of Disputes. The PlotBox group company that is party to this Agreement with You, the choice of law governing this Agreement, and the terms for the arbitration of disputes are as follows:

Your Location	"PlotBox"	Governing Law	Arbitration
United Kingdom, European Economic Area, Switzerland, Norway, Iceland	GSS (NI) Limited ecosHUB, Kernohans Lane, Ballymena, Co. Antrim BT43 7QA United Kingdom	England and Wales	If a dispute arises between you and us that we cannot resolve through our internal complaints process, you may choose to submit the dispute to binding arbitration administered by the Centre for Effective Dispute Resolution (CEDR) in accordance with its Rules for the Resolution of Consumer Disputes, which are incorporated by reference into this clause. Participation in arbitration is voluntary and will not affect your statutory rights. You are not required to agree to arbitration and may instead choose to pursue a claim through the courts. Any arbitration will be conducted remotely or in London, England, in English, and will be decided by a sole arbitrator. The arbitrator’s decision will be final and binding on both parties, except that either party may appeal on a point of law under the Arbitration Act 1996. This clause does not apply to claims where mandatory provisions of law require court resolution or where you are entitled to bring a claim in the small claims court.
Australia, New Zealand	Plotbox Pty Limited Level 12/64 York Street, Sydney, NSW 2000	Australia	Any dispute under, or arising out of, this contract shall be referred to Resolution Institute, for resolution under the Rules of the (Trade Body or Association) Consumer/Industry Dispute Resolution Scheme. Each case will first be referred to a Conciliator appointed by Resolution Institute unless either party wishes to proceed directly to arbitration. If the conciliation is not satisfactorily concluded within six weeks from commencement, or if the parties want to proceed directly to arbitration, Resolution Institute will appoint an Arbitrator who will make a final and binding award.
United States and all other countries	PlotBox, Inc. 1 Marina Park Drive, Suite 1410, Boston, MA 02210-1874, United States	The State of New York without regard to its conflict of laws provisions.	Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, or if the claimant is located outside of the United States, by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. Claims shall be heard by a single arbitrator. The place of arbitration shall be Manhattan, New York, NY. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Contact Us.

memorialtrees@discovereverafter.com

US:

1 Marina Park Drive, Suite 1410, Boston, MA 02210-1874, United States

Tel: +1 857 301-7810

UK:

ecosHUB, Kernohans Lane, Ballymena, Co. Antrim BT43 7QA

Tel: +44 28 2582 1005

APAC:

Tel AUS: +61 2 7228 7971

Tel NZ: +64 9870 8930