Terms and Conditions

Welcome to Once I've Gone.

Please read these User Terms and Conditions carefully before using our Services.

Information About Us And How To Contact Us

  • Who we are. onceivegone.com ("Website") is owned and operated by Once I've Gone Limited ("we", "our" and "us"). We are a limited company, registered in England and Wales under company number 06648968 and have our registered office at Square Sail House, Charlestown Road, St. Austell, Cornwall, PL25 3NJ, England. Our registered VAT number is 984824471
  • How to contact usYou can contact our customer service team via our website or by writing to us at [email protected] or at Once I’ve Gone Limited, Square Sail House, Charlestown Road, St Austell, Cornwall PL25 3NJ, England.

Information About these User Terms and Conditions

  • What these Terms cover These user terms and conditions ("Terms") set out the agreement between you and us and apply to all dealings in respect of your access to and use of our Services (as defined below).
  • Why you should read these Terms Please take your time to read our Terms. These Terms tell you who we are, how we will provide our Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
  • Do these Terms apply to you Any reference to "you" or "your", means you as a user of our Services. There are two different categories of user of these Services.
    A "Member" is the individual who has registered their account to use the Services via our Website and who accepts these Terms in the process of registering the account. This may be an account for our free Services the individual may have activated a subscription for our premium Services in respect of which a fee is payable (see further below).
    A "Trusted Contact" is an individual, such a family member, loved one or close friend, who has been selected by the Member as one of the persons to whom the Member wishes to grant access to a copy of the expression of final wishes, documents and other information left by that Member on their death in accordance with the access profile set for the Trusted Contact(s). A Member can have one or more Trusted Contacts and we recommend the Member selects three (3). In order to have access to such documents and information a Trusted Contact must accept these Terms. Please see our Trusted Contacts page for more information about the role of a Trusted Contact.
    Whether you are a Member or a Trusted Contact, these Terms contain important information about your rights and responsibilities, and apply to you, when you use our Services.

If you do not agree to be bound by these Terms, you must not use our Services.

  1. OUR SERVICES
    1. We operate the Website and an online service via the Website which is designed:
      1. to enable each Member to leave private messages for individuals who are chosen by that Member (and who might be a Trusted Contact), record their expression of final wishes, store copies of important documents and record other important information to be shared with their Trusted Contacts on their death and to leave other messages, expression of wishes, documents and information; and
      2. following the death of a Member, for that Member's Trusted Contacts to have access to the final wishes, documents and other information left by that Member in accordance with that Member's profile setting for each Trusted Contact,
      3. (together the "Services").

    2. The Services available to you as a Member will vary depending on whether you have registered to receive our free Services, or you are able to benefit from, or have paid for, a paid subscription for our premium Services. See the "Members, Subscriptions and Renewals" section below.
    3. The Services available to a Trusted Contact are free of charge for the twelve (12) months following the death of the relevant Member. During that period, a Trusted Contact can download their own copies of the final wishes, documents and other information left by that Member, including the private messages left for that Trusted Contact personally.
    4. The Services covered by these Terms are only designed for Members based in the United Kingdom.
    5. If you have any questions about our Services and these Terms, please contact us.
  2. BY ACCESSING THE SERVICES YOU ACCEPT THESE TERMS
    1. By using our Website to access our Services (whether as a Member or as a Trusted Contact), you confirm that you accept these Terms and that you agree to comply with them at all times.
    2. If you do not agree to these Terms, you must not use our Services.
  3. OTHER TERMS AND POLICIES THAT ALSO APPLY
    1. The Terms refer to the following additional terms, which also apply to your use of the Services:
      1. our "Privacy & Cookies Policy", which sets out information on the personal data we collect from you, or that you provided to us and how we process it. It also sets out information about the cookies on our Website; and
      2. our Website "Terms of Use" which sets out the general terms that govern the relationship between visitors to our general website when they access and use the open access areas of the Website (excluding Member's accounts).
    2. If you have any questions relating to our Privacy & Cookies Policy or our Terms of
  4. SUPPORT FOR THE SERVICES AND HOW TO TELL US IF THERE IS A PROBLEM
    1. Support. you want to learn more about the Services or have any questions or problems, please take a look at our support resources on our Website.
    2. Contacting us (including with complaints).If you think the Services are defective or mis-described or wish to contact us for any other reason please use the customer service email address: [email protected].
    3. How will communicate with you. If we have to contact you, we will do so via our Website or the email address, or the telephone number or the postal address provided to us when you registered to become a Member (or if you are a Trusted Contact, that were provided to us by you or the relevant Member).
  5. WE MAY MAKE CHANGES TO THE TERMS
    1. Check for changes to these Terms. We may amend these Terms from time to time. Every time you wish to use our Services, please check these Terms and the additional terms referred to in them to ensure you understand the terms that apply at that time.
    2. Check for notices from us. If you are a Member, we will notify you in advance if we intend to make any changes to these Terms such notice will set out the date by which any such changes are to take effect.
    3. You do not have to agree to any changes in the Terms. If you are a Member and do not wish to accept the changes made to these Terms, you may cancel your subscription in accordance with these Terms before the changes take effect and receive a pro-rata refund for any fees paid by you in respect of Services paid for but not received. See the "How you can cancel your subscription" section below.
  6. WE MAY MAKE CHANGES TO OR SUSPEND OR WITHDRAW OUR SERVICES
    1. Minor changes to the Service. We may update and change our Services to reflect changes in relevant laws and regulatory requirements or changes in practice and/or to implement minor technical adjustments and improvements, for example to address a security threat or add functionality.
    2. More significant changes to the Services. We may make more significant changes to the Services, for example to remove material functions. We will try to give you reasonable notice of any such major changes. If you are a Member and do not wish to accept such significant changes, you may cancel your subscription in accordance with these Terms before the changes take effect and receive a pro-rata refund for any fees paid by you in respect of Services paid for but not received. See the "How you can cancel your subscription" section below.
    3. Interruptions and errors in the Services. We do not guarantee that our Website, any content on it, or the Services will always be available or be uninterrupted or error free. We may suspend or withdraw or restrict the availability of all or any part of the Website, or the Services for business or operational (including technical) reasons. We will always try to give you reasonable notice of any suspension or withdrawal.
    4. No liability for Services we cannot provide due to an event outside of our control. If the reason for such suspension, withdrawal, or restriction to the Services is due to an event outside our control, we will try to contact you as soon as possible to let you know and we will not be liable to you for any period the Services are not available due to such an event.
  7. SUBSCRIPTION FEES, PAYMENT FOR PREMIUM SERVICES AND RENEWALS
    1. What types of subscriptions do we offer you. We offer you the choice of paying for our premium Services in accordance with the different types of subscription packages explained on our Website.
    2. Where can you find the subscription fees.The subscription fees are set out on our Website and the applicable subscription fee (including any Value Added Tax (VAT) if applicable) will be indicated on the order pages when the subscription fee suitable for you is chosen and the initial payment (and set-up instructions for your on-going subscription fee payments) for our premium Services is made. We take all reasonable care to ensure that the subscription fees advised to you are correctly reflected in the payment process.
    3. When you must pay and how you must payYou can register at any time for our free Services. However, if you would like to access our premium Services a subscription fee for the type of subscription you have chosen will be payable. Where the price is payable by you, this will be in accordance with the payment process and payment methods set out on our Website. In some cases, your subscription to the premium Services may be paid by one of our partner organisations, such as a charity, where you have been referred to us by them or where you have a promotion code issued for the customers or contacts of partner organisations. If that is the case, this will be made clear during the registration process.
    4. Automatic renewals.Subscription fees automatically renew based on the type of subscription you chose (e.g. monthly or annually) and continue until they are cancelled in accordance with these Terms. See the "How you can cancel your subscription" section below.
    5. What happens when the subscription fee that was originally paid for you by a third party is not paid by that third party on renewal.
      1. Where your subscription fee for premium Services was paid for by one of our partner organisations, this may have been a one-off payment to cover the initial subscription period or the subscription fee may be payable by the relevant partner organisation until such time as the arrangement between us and the applicable partner organisation ends.
      2. In the event that the payment only covered an initial subscription period or our arrangement for the payment of your fees with the applicable partner organisation ends, we will notify you as soon as possible to let you know the date on which your subscription is due to expire. At that time, in order for you to continue to be a Member receiving our premium Services we will provide you with the option of renewing your subscription directly with us at the then-current price for the then-available subscriptions.
      3. If you choose not to renew your subscription, starting on the day after your subscription was due to expire, you will have 30 (thirty) days within which to download a copy of the information you have submitted via the premium Services. At the end of the 30 (thirty) days period, your subscription will cease, access to the premium Services will end in accordance with these Terms and we will delete the information you have submitted via the Services. You can remain a Member in respect of our free Services]. If you decide to remain a Member and make use of our free Services, you will lose access to the functionality and all information that is only available with our premium Services.
    6. Changes in the price or length of a subscription. Prices may change. The price in place when you made your initial purchase or when your subscription fee last renewed will stay in effect for the duration of that subscription period (e.g. monthly or annually, as applicable), but new prices may apply to any renewals or any new subscriptions. We will give you reasonable notice of any change in the price or length of a subscription available. If you do not want to renew your subscription under any new prices or any change in the length of a subscription period, you may cancel your subscription in accordance with these Terms. See the "How you can cancel your subscription" section below.
  8. HOW YOU CAN CANCEL YOUR SUBSCRIPTION
    1. Tell us you want to cancel your subscription. You may cancel your subscription by contacting us by phone or email. You may also cancel your subscription by visiting the cancel subscription section on your account page made available via the Services.
    2. Free subscription cancellations incur no charge. If you are Member making use of our free Services you may cancel your free subscription at any time and incur no charge.
    3. You have changed your mind. If you have made payment for a subscription to our premium Services but have subsequently changed your mind, you have up to 14 (fourteen) days from the date of your subscription to change your mind and cancel your subscription, whereupon it will be deemed to expire. If you have started using our premium Services before you cancel your subscription, you must pay us for the premium Services provided up to and including the date on which you cancel your subscription. The amount you pay will be calculated as a day rate of the subscription fee you have paid and if such payment is required, we will deduct it from your refund and we will make any refund due to within 14 (fourteen) days of your decision to cancel your subscription.
    4. Monthly subscription cancellations are not eligible for a refund. Subscriptions to the premium Services billed on a monthly basis may be cancelled at any time prior to two (2) business days before the applicable renewal date and your subscription will expire at the end of the applicable subscription period. If you do not cancel your subscription prior to two (2) business days before your renewal date, we will renew your subscription for one more month only and it will expire at the end of that following subscription period. Cancellations of monthly subscriptions are not eligible for a refund. Following cancellation, you can remain a Member in respect of our free Services.
    5. Paid annual subscriptions are not eligible for a refund. If you cancel this type of subscription after the subscription has commenced and prior to its renewal date, you will not receive a refund for the then-current subscription but you will retain access to the relevant services for the remainder of the subscription period, after which your subscription will expire. If you choose to cancel this type of subscription after it has renewed (i.e. during an automatic renewal period), we will renew your subscription for one more subscription period equivalent in length to the type of your current subscription, after which your subscription will expire. Following cancellation, you will still be able to use the free Services.
    6. Your right to cancel your subscription if do not agree to any changes to these Terms. As a Member, if you do not wish to accept the changes made by us to these Terms, you may cancel your subscription immediately. In such circumstances at your written request we will provide you with a refund for the period of your subscription for which we have received payment but for which you have not received the Services.
    7. What happens to your information when you cancel your subscription. Starting on the day after your cancelled subscription expires, you have 30 (thirty) days within which to download a copy of the information you have submitted via the premium Services. At the end of that 30 (thirty) days period, we will cease providing you the premium Services, close your Member's account for premium Services in accordance with these Terms and delete the information you have submitted via the premium Services. You can always remain a Member in respect of our free Services. If you decide to remain a Member and make use of our free Services, you will lose access to the functionality and all information that is only available with our premium Services.
  9. HOW WE CAN CANCEL YOUR SUBSCRITION
    1. We can suspend or cancel your subscription to premium Services when we do not receive your subscription payment.

        Where you have an active subscription for our premium Services where you pay your subscription fee and we have not received payment of the subscription fee and you do not make payment within seven (7) days of the date of our second and final reminder that payment is due, we reserve the right at our sole discretion to suspend the supply of the premium Services until we have received payment for the outstanding amounts, or issue you with a final warning notice that you have 30 (thirty) days within which to download a copy of the information you have submitted via the premium Services and at the end of that 30 (thirty) day period cease providing you the premium Services, close your Member's account for premium Services in accordance with these Terms and delete the information you have submitted via the premium Services. You can remain a Member in respect of our free Services. If you remain a Member and make use of our free Services, you will lose access to the functionality and all information that is only available with our premium Services.

      1. Where you have an active subscription for our premium Services paid on your behalf by one of our partner organisation and the subscription fee has not been paid and we have informed you that such payment has not been paid and you are unable to pay (or find someone to pay) your subscription fee, we retain the right at our sole discretion to either suspend the supply of the premium Services until we have received payment for the outstanding amounts, or issue you with a final warning notice that you have 30 (thirty) days within which to download a copy of the information you have submitted via the premium Services and at the end of that 30 (thirty) day period cease providing you the premium Services, close your Member's account for premium Services in accordance with these Terms and delete the information you have submitted via the premium Services. You can remain a Member in respect of our free Services. If you remain a Member and make use of our free Services, you will lose access to the functionality and all information that is only available with our premium Services.
  10. ACCEPTABLE USE
    1. Prohibited uses. You may use our Website and our Services only for lawful purposes. You may not use our Website: or our Services
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
      3. for the purpose of harming or attempting to harm minors in any way;
      4. to bully, insult, intimidate or humiliate any person;
      5. to send, knowingly receive, upload, download, use or re-use any material which we consider in our reasonable opinion to be inappropriate
      6. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
      7. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    2. You also agree:
      1. not to reproduce, duplicate, copy or re-sell any part of our Website or the Services in contravention of the provisions of our Website "Terms of Use".
      2. not to access without authority, interfere with, damage or disrupt any part of our Website or the Services; any equipment or network on which our Website is stored or via which the Services are provided; any software used in the provision of our Website or the Services; or any equipment or network or software owned or used by any third party.
    3. What happens if you use the Services in a way that is prohibited. Failure by you to comply with these acceptable use terms or our Terms of Use constitutes a material breach of these Terms upon which you are permitted to use our Website and the Services and may result in the immediate, temporary or permanent suspension or cancellation of your subscription. In the event of such suspension or cancellation, no refund will be available to you and we will not be liable to you for any fees paid by you in respect of Services paid for but not received.
  11. PROPRIETARY RIGHTS
    1. You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Website and the Services. Except as expressly stated in these Terms, we do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Website or the Services.
    2. We confirm that we have all the rights in relation to the Website and the Services that are necessary to grant all the rights it purports to grant under, and in accordance with, these Terms.
    3. You will submit and share different types of information with us when you make use of our Services. You have sole responsibility for such information. You must own, or have the right or permission to submit and share such information via the Services and you grant us a non-exclusive, irrevocable, royalty fee, worldwide licence to use such information for the purposes of providing you with the Services.
  12. WE MAY END YOUR RIGHTS TO USE THE SERVICES IF YOU BREACH THESE TERMS
    1. We may end your rights to use the Services at any time by contacting you if you have breached these terms. If what you have done can be put right we will give you a reasonable opportunity to do so.
    2. If we end your rights to use the Services:
      1. you must stop all activities authorised by these Terms, including your use of the Services accessed via the Website; and/or
      2. we may disable your Member's and your Trusted Contacts' accounts with us and shall have no lability to you in relation to any content stored or accessed by you via your account (as applicable).
  13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

    This section of the Terms is important. Please take your time and read it carefully before you agree to these Terms.

    1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
    2. You agree and accept that the Services are provided on an "as-is" basis and your use of the Services is at your own risk. We accept no liability to any third party. We cannot and do not guarantee the accuracy or completeness of the Services or of any information or documentation contained in or shared or received via the Services and you rely on the Services at your own risk.
    3. The Services are not advice to you: The Services should not be relied upon as advice on your specific legal or probate requirements or regarding any life insurance cover or other financial services product. The categories of document and information in connection with such categories of document are for general information and are not specific to your needs and requirements. We recommend that you get independent advice from a suitably qualified professional, such as a solicitor or financial advisor.
    4. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time you accepted thee Terms, both we and you knew it might happen.
    5. When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    6. Our liability is limited. Except as mentioned in clause 13.1 above, our liability to you for breach of these terms or on any other basis is limited to £1,000.
  14. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. How we will use your personal information. We will only use your personal information as set out in our "Privacy & Cookies Policy".
    2. Please be aware that internet transmissions are never completely private or secure and that any message, document or information you send using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is, or that parts of the Services are stated as being, encrypted.
  15. GENERAL TERMS
    1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
    3. No rights to third parties. Our agreement with you does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    6. Which country's laws apply to these Terms and to any disputes between us. These Term, their subject matter and their formation are governed by English law. You and we both agree that the courts of England and Wales will have the exclusive jurisdiction, except that if you are a resident of Scotland you may also bring legal proceedings in Scotland and if you are a resident in Northern Ireland you may also bring legal proceedings in Northern Ireland.
    7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint for online resolution to the European Commission Online Dispute Resolution platform.

    Last updated on 27 February 2020