Terms and Conditions

This platform ("Mortuary", "the Service", "the Platform") is a cloud-based software-as-a-service (SaaS) tool provided by Zeitgeist Business Solutions ("ZBS", "the Provider", "we", "us"). The Service provides digital infrastructure in the form of business management tools, including but not limited to case management, invoicing, accounting, communications, and reporting modules. The Provider operates exclusively as a technology service provider and does not operate, manage, or control any funeral home, medical practice, or other business ("Tenant Business") that uses the Platform.

The Provider is NOT a funeral director, mortician, financial institution, tax advisor, or legal advisor. The Provider does not perform any services on behalf of any Tenant, their clients, or any third party. All business operations, regulatory compliance, client interactions, and financial transactions are the sole responsibility of the Tenant.

By accessing, registering for, or using the Service, you ("Tenant", "Customer", "you") acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, our Privacy Policy, and our Liability Disclaimer. If you do not agree with any part of these terms, you must not use the Service. Your continued use of the Service after any modifications to these terms constitutes acceptance of the revised terms.

3.1 Business Operations

Each Tenant is solely responsible for the lawful operation of their business. The Tenant must comply with all applicable local, regional, national, and international laws, regulations, licenses, permits, and industry standards in their jurisdiction. This includes, but is not limited to: funeral service licensing, health and safety regulations, business registration requirements, tax obligations, employment laws, and data protection legislation.

3.2 Data Accuracy

The Tenant is responsible for the accuracy, completeness, and legality of all data, content, prices, descriptions, images, and information entered into the Platform. The Provider does not verify, endorse, or guarantee the accuracy of any Tenant-provided data.

3.3 Client Relations

All relationships between a Tenant and their clients or customers are exclusively between those parties. The Provider is not a party to any transaction, contract, or agreement between a Tenant and their clients. The Provider bears no responsibility for the quality, pricing, timing, or delivery of any goods or services provided by the Tenant to their clients.

3.4 Account Security

Each Tenant is responsible for maintaining the confidentiality of their account credentials, including passwords, API keys, and access tokens. The Tenant must immediately notify the Provider of any unauthorized access or use of their account. The Tenant is liable for all activities conducted under their account.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PROVIDER'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE TENANT TO THE PROVIDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The Provider expressly disclaims any responsibility for, and shall not be held liable for, any fraud, misrepresentation, illegal activity, or misconduct committed by any Tenant using the Platform. The Platform is a tool that can be used for legitimate or illegitimate purposes, and the Provider cannot control or monitor all Tenant activities.

The Provider reserves the right to: (a) investigate any suspected fraud, illegal activity, or violation of these Terms; (b) suspend or terminate any account engaged in such activity without prior notice; (c) cooperate fully with law enforcement agencies, regulatory authorities, and legal processes; and (d) disclose Tenant information to the extent required by law or legal process.

The Provider is not an accessory, accomplice, or enabler of any Tenant's fraudulent or illegal activities. The provision of software tools does not constitute participation in, endorsement of, or facilitation of any illegal act committed by a Tenant.

Each Tenant agrees to indemnify, defend, and hold harmless the Provider, its officers, directors, employees, agents, affiliates, contractors, and licensors from and against any and all claims, demands, suits, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) the Tenant's use of the Service; (b) the Tenant's violation of these Terms; (c) the Tenant's violation of any applicable law or regulation; (d) any content, data, or materials provided by the Tenant; (e) any dispute between the Tenant and their clients or any third party; and (f) any fraud, misrepresentation, or illegal activity by the Tenant.

The Provider acts as a data processor on behalf of the Tenant, who is the data controller. The Tenant is responsible for ensuring that their use of the Service complies with all applicable data protection laws, including but not limited to the Data Protection Act 2021 (Trinidad and Tobago), the Data Protection Act (Jamaica), the Personal Data Protection Act (Bahamas), and any other applicable legislation. The Provider processes personal data only as instructed by the Tenant and as necessary to provide the Service.

All intellectual property rights in the Platform, including but not limited to the software, design, user interface, documentation, trademarks, and trade secrets, are owned by or licensed to the Provider. The Tenant receives a limited, non-exclusive, non-transferable, revocable license to use the Platform solely for their internal business purposes during the subscription period.

The Tenant retains all rights to their own data, content, and branding uploaded to the Platform. The Tenant grants the Provider a limited license to use, store, process, and display the Tenant's branding and content solely for the purpose of providing the Service.

The Provider strives to maintain high availability of the Service but does not guarantee uninterrupted or error-free operation. The Provider reserves the right to perform maintenance, updates, and modifications to the Service. Scheduled maintenance will be communicated in advance when possible. The Provider shall not be liable for any downtime, data loss, or service interruption.

Either party may terminate this agreement with thirty (30) days written notice. The Provider may terminate or suspend access immediately and without notice if: (a) the Tenant violates any provision of these Terms; (b) the Tenant engages in fraudulent or illegal activity; (c) the Tenant fails to pay subscription fees; or (d) required by law or legal process. Upon termination, the Tenant's right to use the Service ceases immediately. The Provider will retain the Tenant's data for thirty (30) days after termination, after which all data will be permanently deleted.

These Terms shall be governed by and construed in accordance with the laws of the Republic of Trinidad and Tobago, without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms shall first be submitted to mediation. If mediation fails, the dispute shall be resolved by binding arbitration administered in Port of Spain, Trinidad and Tobago, in accordance with the Arbitration Act Chapter 7:02 of the Laws of Trinidad and Tobago. The language of arbitration shall be English.

For any questions or notices regarding these Terms, please contact us at:

Zeitgeist Business Solutions
Port of Spain, Trinidad and Tobago
Email: legal@mortuary.saas