GOLDEN CHARTER FUNERAL PLANS TERMS & CONDITIONS
(AXA FMP)
1 DEFINITIONS
We use the following definitions in your Funeral Plan:
“Amount Payable” means (where payment is made by the Single
Payment Option or by the Instalment Option) the total sum payable for
your Funeral Plan (excluding additional sums payable as referred to in
Section 8);
“Application Form” means our application form for your Funeral Plan;
“Brochure” means our Funeral Plan Brochure which includes these
Terms and Conditions and the Application Form;
“Certificate of Entitlement” means the document giving details of your
Funeral Plan given to you as referred to in Section 2;
“Deposit” means, where you have chosen the Instalment Option, the first
payment to be made by you as detailed in the Application Form;
“Estate” means your next of kin, executors, trustees and/or your
Representative who are legally authorised to act for you after your death;
where Section 6.1 applies this term will also cover the next of kin,
executors and/or trustees of your Nominated Family Member;
“Family Member” means any person who is your spouse, civil partner,
parent, grandparent, sibling, aunt, uncle, nephew, niece, child or step-
child or in an enduring relationship with you or any relative of such a
person, whether or not they reside with you or at another address within
the United Kingdom;
“Fixed Monthly Option” means the payment option defined in Section
2.1.3;
“Fixed Monthly Payment” means, where the Fixed Monthly Option is
chosen, the monthly amount confirmed by us which will be used to
purchase the life assurance policy referred to in Section 5;
“Funeral Director Arrangement Fee” means the Selected Funeral
Director’s fee for arranging your Funeral Plan;
“Funeral Director’s Costs” means the Selected Funeral Director’s fees and
costs for your funeral including any Funeral Director Arrangement Fee
(but excluding Third Party Costs);
“Funeral Director Terms and Conditions” means the terms and
conditions accepted by the Selected Funeral Director for your Funeral
Plan which incorporate the Guarantee;
“Funeral Plan” means the prepaid funeral services offered by us as part
of the Golden Charter Funeral Plan and the terms on which they are to be
provided as set out in (1) the Application Form (2) these Terms and
Conditions (3) the Brochure and (4) the Funeral Director Terms and
Conditions;
“Guarantee” means the guarantee to provide your funeral given by the
Selected Funeral Director contained in the Funeral Director Terms and
Conditions;
“Instalment Option” means the payment option defined in Section 2.1.2;
“Nominated Family Member” means a Family Member nominated by
you under Section 6.1;
“Representative” means your Representative (if any) as detailed on the
Application Form;
“Selected Funeral Director” means the funeral director selected by you
or by us under the Funeral Plan;
“Set Period” means the period of up to 120 months as agreed with you
over which we may accept payment of the Amount Payable by
instalments where the Instalment Option is chosen;
“Single Payment” means, where you are paying for your Funeral Plan
by one lump sum, the amount specified in the Application Form;
“Single Payment Option” means the payment option defined in Section
2.1.1;
“Third Party Costs” means those costs and fees to be paid by
us or by the Selected Funeral Director to third parties (ie anyone except
us or the Selected Funeral Director);
“Trust” means The Golden Charter Trust;
“we” or “us” means Golden Charter Limited, Crowndale House, 1
Ferdinand Place, Camden, London NW1 8EE;
“you” means the person whose funeral arrangements are to be provided
for under the Funeral Plan (whether purchased by you or by another
person on your behalf) unless you nominate a Family Member under
Section 6.1.
2 YOUR PAYMENT OPTIONS AND THEIR KEY FEATURES
2.1 You may choose three different payment options for your Funeral Plan:
2.1.1 the Single Payment Option where the Amount Payable is paid in a
Single Payment which will be paid by us to the Trust as detailed in
Section 3;
2.1.1 the Instalment Option where the Amount Payable is paid in
instalments over a Set Period and the instalments and Set Period are
confirmed as referred to in Section 4.4; or
2.1.3 the Fixed Monthly Option where your monthly payment will be
used to purchase a life assurance policy on your life (with us as
beneficiary) as detailed in Section 5.
2.2 If you choose the Single Payment Option:
2.2.1 your payment will be paid into the Trust (See Section 3);
2.2.2 there are no age or health restrictions;
2.2.3 your Funeral Plan becomes effective following our acceptance as
set out in Section 11.2;
2.2.4 if your application is accepted and the Amount Payable has been
paid we will send you a personalised membership card and Certificate of
Entitlement;
2.2.5 you have the right to nominate a Family Member to receive your
Funeral Plan benefits instead of you (See Section 6); and
2.2.6 Section 3 applies.
2.3 If you choose the Instalment Option:
2.3.1 your payments will be paid into the Trust (See Section 4);
2.3.2 there are no age or health restrictions;
2.3.3 your Funeral Plan becomes effective following our acceptance as
set out in Section 11.2 but the Amount Payable must have been paid
before you will get your Funeral Plan benefits (see Section 4.5);
2.3.4 a provisional membership card will be issued which will be
replaced by a membership card and a Certificate of Entitlement when the
Amount Payable has been paid;
2.3.5 you have the right to nominate a Family Member to receive your
Funeral Plan benefits instead of you (see Section 6); and
2.3.6 Section 4 applies.
2.4 If you choose the Fixed Monthly Option:
2.4.1 your payments will be used to purchase a life assurance policy on
your life with AXA Wealth Limited (see Section 5);
2.4.2 you must be between the ages of 50 and 80 and a UK resident at the date of application and there are no health restrictions;
2.4.3 our acceptance procedure is set out in Section 11.2;
2.4.4 a provisional membership card will be issued which will be
replaced by a membership card and a Certificate of Entitlement when
Fixed Monthly Payments have been made for a period of 2 years;
2.4.5 other than in very limited circumstances you have no right to any
repayment on cancellation (see Section 10.2);
2.4.6 your Funeral Plan only becomes fully effective after 2 years (see
Section 5.4);
2.4.7 your Fixed Monthly Payments must be paid up to date before you
will get your Funeral Plan benefits (see Section 5.4);
2.4.8 you do not have the right to nominate a Family Member to receive
your Funeral Plan benefits instead of you and Section 6 does not apply;
and
2.4.9 Section 5 applies.
2.5 Any person over the age of 16 (in Scotland) and over the age of 18
(in England and Wales) with an insurable interest in your life can take out
a Funeral Plan for your benefit. Such a person will be your Representative.
2.6 For all payment options, the price of your Funeral Plan specified in
the Application Form includes our administration and marketing fees
which are deducted from that sum.
SECTION 3 APPLIES ONLY WHERE YOU HAVE CHOSEN THE SINGLE
PAYMENT OPTION
3.1 You may choose to pay the Single Payment by an approved debit
or credit card with the completed Application Form. Alternatively Single
Payments may be paid by cheque made payable to the Trust.
3.2 All sums received from you in respect of your Funeral Plan will be
paid directly to the Trust without deduction. The Trust has authorised
payments from the Trust’s funds:
3.2.1 to us in order to pay the Selected Funeral Director at the time of
your funeral or prior to that time in respect of any Funeral Director
Arrangement Fee;
3.2.2 in respect of refunds;
3.2.3 to us to meet our overheads and operating expenses at a level
agreed between us and the Trust and reviewed from time to time; and
3.2.4 to us to pay Third Party Costs.
You must notify us in writing of any change to your Funeral Plan
(including your address or funeral requirements), as soon as reasonably
possible after the change. A change to your Funeral Plan which is likely
to have a significant cost impact (such as increased transportation costs)
may result in the appointment by us of a new Selected Funeral Director
and/or an increase in the Funeral Director’s Costs and/or Third Party
Costs. If, as a result of such a change, the existing or new Selected
Funeral Director reasonably needs to increase the Funeral Director’s
Costs, the allowance for Third Party Costs or charge a Funeral Director
Arrangement Fee, you must either pay such additional sums within 30
days of our request or the Funeral Plan will be cancelled and a refund
made under Section 10.1.
SECTION 4 APPLIES ONLY WHERE YOU HAVE CHOSEN THE
INSTALMENT OPTION
4.1 You may choose to pay the Deposit by an approved debit or credit
card with the completed Application Form. Alternatively Deposits may
be paid by cheque made payable to the Trust.
4.2 You must notify us in writing of any change to your Funeral Plan
(including your address or funeral requirements), as soon as reasonably
possible after the change. A change to your Funeral Plan which is likely
to have a significant cost impact (such as increased transportation costs)
may result in the appointment by us of a new Selected Funeral Director
and/or an increase in the Funeral Director’s Costs and/or Third Party
Costs. If, as a result of such a change, the existing or new Selected
Funeral Director reasonably needs to increase the Funeral Director’s
Costs, the allowance for Third Party Costs or charge a Funeral Director
Arrangement Fee, you must either pay such additional sums to the Trust
within 30 days of our request or the Funeral Plan will be cancelled and a
refund made under Section 10.1.
4.3 All sums received from you in respect of your Funeral Plan will be
paid directly to the Trust without deduction. The Trust has authorised
payments from the Trust’s funds:
4.3.1 to us in order to pay the Selected Funeral Director at the time of
your funeral or prior to that time in respect of any Funeral Director
Arrangement Fee;
4.3.2 in respect of refunds;
4.3.3 to us to meet our overheads and operating expenses at a level
agreed between us and the Trust and reviewed from time to time; and
4.3.4 to us to pay Third Party Costs.
4.4 Where we agree to accept payment of the Amount Payable by
instalments over a Set Period you agree to pay the Amount Payable in
the instalments and over the Set Period which we have agreed with you
and will confirm separately in writing.
4.5 If, at the date of your death or, where you exercise your rights under
Section 6.1 the date of your Nominated Family Member’s death, any
instalment is in arrears or any part of the Amount Payable remains
unpaid the Funeral Plan benefits will still be available but only if any
balance of the Amount Payable outstanding is paid by your or the
Nominated Family Member’s Estate. If the outstanding balance is not
paid the Funeral Plan will be cancelled and a refund paid under Section
10.1.
You are entitled to make early settlement of the Amount Payable. To
make early settlement you must pay the balance of the Amount Payable
then unpaid.
SECTION 5 APPLIES ONLY WHERE YOU HAVE CHOSEN THE FIXED
MONTHLY OPTION
5.1 If the Fixed Monthly Option is chosen, payments will be used by
us to buy a whole of life assurance policy on your life with AXA Wealth
Limited. We will be the beneficiary of that policy not you or your Estate.
The proceeds of that policy will belong to us to enable us to pay for your
funeral services. You (or any person taking out the Funeral Plan for your
benefit) will need to complete a Direct Debit instruction in favour of AXA
Wealth Services Limited who will collect the monthly payments. AXA
Wealth Limited and AXA Wealth Services Limited are authorised and
regulated by the Financial Services Authority. However, all funeral
services are arranged and provided by us. We are not authorised or
regulated by the Financial Services Authority but we are a registered
provider with the Funeral Planning Authority. This means that you will
benefit from any applicable protections available through the Funeral
Planning Authority’s regulations but not those available under the
Financial Service Authority’s regulations.
5.2 Any change to your Funeral Plan (including your address or funeral
requirements) which is likely to have a significant cost impact may
require a change of Selected Funeral Director. If so, the Guarantee given
by the original Selected Funeral Director will lapse. A new Selected
Funeral Director will be allocated by us and while reasonable efforts will
be made by us to obtain a Guarantee from the new Selected Funeral
Director, the new Selected Funeral Director may require additional sums
at the time of your funeral to accommodate your wishes in line with your
Funeral Plan. You will be advised in writing of an estimate of these
additional costs as at the date of the transfer to the new Selected Funeral
Director. The new Selected Funeral Director will treat the proceeds
available from the life assurance policy referred to in Section 5.1 as a
contribution towards your funeral costs. Your monthly payments will
not change in any way and your Estate must make a separate payment
for any additional costs and/or Third Party Costs to the new Selected
Funeral Director at the time of the funeral.
5.3 Except as stated in Section 5.2 you will be unable to modify or
amend any of the arrangements in your Funeral Plan before the funeral.
Any proposed changes or additions made to such arrangements at the
time of your funeral must be agreed separately with the Selected
Funeral Director with additional payment for any amended or additional
services or items made (without our involvement) direct to the Selected
Funeral Director.
5.4 The Fixed Monthly Payments will be fixed and cannot be altered.
The amount of the Fixed Monthly Payment is determined by the Funeral
Plan chosen by you, any personalisation options included within your
Funeral Plan and your age. The Fixed Monthly Payment will be
confirmed in writing once your application has been received and
processed. The first payment will be taken 6 to 7 weeks after the start
date of your Funeral Plan which is the date on which we accept your
application (see Section 11.2). You must keep paying them until the
anniversary of the start date prior to your 90th birthday, or until your
death, if sooner, when payments stop. If any Fixed Monthly Payments
are not made on the due date(s), you will be advised of this and we will
allow 30 days of grace during which time you can pay the outstanding
payments and the Funeral Plan will be unaffected. If the outstanding
Fixed Monthly Payment(s) are not received within 30 days you will be
sent a reminder. If the outstanding Fixed Monthly Payments are still not
paid, then the Funeral Plan will be cancelled and you will not get any
money back.
5.5 If your date of death is more than 2 years from your Funeral Plan’s
start date, any outstanding Fixed Monthly Payments (maximum 1 month)
must be paid prior to receipt of the Funeral Plan benefits. If your date of
death is less than 2 years from the start date, the benefits of the Funeral
Plan including the Guarantee will not be available. Instead, we will,
provided that all Fixed Monthly Payments due at the date of death have
been paid, (1) pay a sum equivalent to 120% of the Fixed Monthly
Payments actually paid, to the Selected Funeral Director as a
contribution towards your funeral costs (with your Estate making a
separate payment directly to the Selected Funeral Director of all
additional costs and Third Party Costs required to carry out the funeral
arrangements as advised by the Selected Funeral Director) or (2) if
confirmed in writing by your Estate, pay that sum to it.
SECTION 6 YOUR RIGHT TO NOMINATE A FAMILY MEMBER TO
RECEIVE YOUR FUNERAL PLAN BENEFITS
6.1 Where you choose the Single Payment Option or the Instalment
Option your Funeral Plan is available primarily for you but if a Family
Member dies before you, then you have the option to transfer the benefit
of the funeral arrangements under your Funeral Plan to that Family
Member. A change of any arrangements within the Funeral Plan
(including address or funeral requirements) following such a transfer may
result in the appointment by us of a new Selected Funeral Director and/or
additional sums being due by you due to increases in either or both of the
Funeral Director’s Costs and/or Third Party Costs. If the existing or new
Selected Funeral Director wishes to increase any of the Funeral Director’s
Costs or the allowance for Third Party Costs or charge a Funeral Director
Arrangement Fee, you (or your Nominated Family Member’s Estate) must
either pay such additional sums as we notify to you or your transfer will
lapse and the benefit of the funeral arrangements under the Funeral Plan
will stay with you as detailed in Section 6.2.
6.2 Your Funeral Plan is for the funeral arrangements of one person
only whether that is you or your Nominated Family Member. If there is
a change of Selected Funeral Director or the arrangements within your
Funeral Plan as a result of you nominating a Family Member under
Section 6.1 and any additional sums required are not paid, your Funeral
Plan will not be cancelled and the benefit of it will instead automatically
stay with you in line with the arrangements originally agreed.
6.3 In the event of any dispute arising following your nomination of a
Family Member under Section 6.1, the benefit of the funeral
arrangements under your Funeral Plan will, at our option, stay with you
and the funeral arrangements of the Nominated Family Member will not
be carried out. We will not be responsible for the resolution of any such
dispute.
SECTION 7 WHAT IS COVERED BY YOUR FUNERAL PLAN?
7 Subject to the exceptions set out in Sections 5 and 7, your Funeral
Plan will include:
7.1 all the Funeral Director’s Costs; and
7.2 any allowance for Third Party Costs but only at the level specified
in the Application Form.
SECTION 8 WHAT IS NOT COVERED BY YOUR FUNERAL PLAN?
8.1 our Funeral Plan will require you or your Estate (or your Nominated
Family Member’s Estate where Section 6.1 applies) to pay additional
sums as follows:
8.1.1 where there has been a change to your Funeral Plan and Sections
3.3 or 4.2 apply, the amount required under these Sections;
8.1.2 any difference between the allowance for Third Party Costs
specified in the Application Form and the actual amount (if greater) of
Third Party Costs incurred by us or the Selected Funeral Director at the
time of your funeral;
8.1.3 where you nominate a Family Member to receive the benefits of
your Funeral Plan, any sums due under Section 6.1;
8.1.4 any additional amounts required to be paid under Section 9.2;
8.1.5 any Value Added Tax due under Section 11.4; and
8.1.6 any sum due under Section 4.5 where the Amount Payable has not
been fully paid or any arrears of Fixed Monthly Payments under Section
5.4.
8.2 Your Estate (or your Nominated Family Member’s Estate where
Section 6.1 applies) must, to enable the Selected Funeral Director to
carry out your (or your Nominated Family Member’s) funeral
arrangements, pay to us or to our order the additional sums referred to
in this Section 8. Neither the Trust nor the Selected Funeral Director nor
(where the Fixed Monthly Payment Option is chosen) AXA Wealth
Limited or AXA Wealth Services Limited (as appropriate) nor us will be
responsible for those sums.
SECTION 9 SELECTED FUNERAL DIRECTOR AND YOUR FUNERAL
ARRANGEMENTS
9.1 We will appoint the Selected Funeral Director as our sub contractor
to carry out your funeral arrangements (or any Nominated Family
Member’s funeral arrangements where Section 6.1 applies) and will,
subject to Sections 5.2 and 8 have the Selected Funeral Director provide
the Guarantee. We will use reasonable efforts to ensure that the highest
quality of service is provided by the Selected Funeral Director.
9.2 Where you have chosen the Single Payment Option or the
Instalment Option (but not where you have chosen the Fixed Monthly
Option) you may at any time prior to your death, by giving us written
notice, request the appointment of a different Selected Funeral Director.
We will use reasonable efforts to comply with your request. If such a
change is reasonably capable of being made and is made by us, we will
notify you. A change of Selected Funeral Director may result in
additional sums being payable by you at the time of change due to
differences in either or both of the Funeral Director’s Costs of the new
Selected Funeral Director and/or the Third Party Costs expected to be
incurred by the new Selected Funeral Director. If the new Selected
Funeral Director wishes to increase either or both of the Funeral Director’s
Costs or allowance for Third Party Costs or charge a Funeral Director
Arrangement Fee, you must either pay such additional sums as we may
notify in writing within 30 days of such notification or the Funeral Plan
will be cancelled and a refund made under Section 10. We will have no
liability to you if such a change is not reasonably capable of being made
and is not made. If the appointment of a different Selected Funeral
Director is not possible or reasonably practicable for any reason or if you
do not pay any additional sums required, your Funeral Plan will be
cancelled and a refund will be available under Section 10.
9.3 We have the right to appoint a Selected Funeral Director if you do
not appoint one, or when there is no Selected Funeral Director appointed
due to the operation of Section 9.2.
9.4 We will ensure that the Selected Funeral Director carries out your
funeral arrangements in accordance with your Funeral Plan or, in the
event of failure by the Selected Funeral Director, that an alternative
Selected Funeral Director chosen by us carries out the funeral
arrangements in the same manner (subject to Sections 5 and 8).
9.5 Our responsibility will only be for the performance of your funeral
arrangements (or your Nominated Family Member’s where Section 6.1
applies) as specified in the Funeral Plan. We will have no responsibility
for any additional services, items or costs unless we or the Selected
Funeral Director were responsible for organising or providing those
items or services.
SECTION 10 YOUR RIGHT TO CANCEL AND GET A REFUND
SINGLE PAYMENT OPTION AND INSTALMENT OPTION ONLY
10.1 A refund of all sums paid will be made (in line with the Application
Form) if written notice of cancellation is received by us within 30 days of
our written acceptance. If written notice of cancellation is received after
such 30 day period, we will charge a cancellation fee of £199 and the
Selected Funeral Director will retain any Funeral Director Arrangement
Fee. Those sums will be deducted from the sums to be refunded.
FIXED MONTHLY OPTION ONLY
10.2 If you wish to cancel the Funeral Plan (1) within 30 days of our
written acceptance, you must send written notice to us and any
payments made by you or on your behalf will be refunded in full; or (2)
after such 30 day period, you must send written notice to us; there is no
cash in value at any time and no refund of any sums paid will be made.
In both cases the Funeral Plan will be cancelled.
ALL PAYMENT OPTIONS
10.3 No Funeral Plan may be cancelled after your death (or the death of
your Nominated Family Member where Section 6.1 applies) unless
agreed in writing by us with your Estate. If any person wishes, after your
death, to have your (or your Nominated Family Member’s) funeral
arrangements carried out by someone instead of the Selected Funeral
Director, unless otherwise agreed by us, they must pay for such funeral
arrangements themselves.
SECTION 11 A GENERAL PROVISIONS WHICH APPLY REGARDLESS OF
PAYMENT OPTION CHOSEN
11.1 Instructions
We may act in accordance with the instructions of and communicate with
either you or your Representative (but not a Family Member unless
he/she is a Representative) on all matters relating to your Funeral Plan.
References to you will therefore include references to your Representative
(instead of you) where appropriate. However, in the event of any
inconsistency between instructions given by you (including any person
legally authorised to deal with your affairs) and by your Representative in
relation to the Funeral Plan we will give priority to your instructions (or
any such legally authorised persons).
11.2 Acceptance
Within 30 days of receipt of a completed Application Form, we will notify
you of our acceptance or rejection of the application. Applications will be
rejected where our requirements for applications as specified in the
Application Form have not been complied with or it is not completed
correctly. No contract exists between us until we have notified you of our
acceptance. No contract will exist or be enforceable between us and any
Family Member or Nominated Family Member.
11.3 Applicable Law
English law applies to your Funeral Plan unless you live in Scotland where
Scots law will apply instead.
11.4 VAT
On the basis of current legislation, no Value Added Tax has been added
to any of the sums payable under your Funeral Plan. If VAT legislation or
HM Revenue & Customs’ practice or interpretation of VAT legislation
changes, we may add Value Added Tax to any relevant sum which shall
then be payable by you or your Estate.
11.5 Complaints
If you are not satisfied with any aspect of your Funeral Plan, you should
in the first instance contact us.
Call our Head Office freephone number: 0800 833 800
Or write to us at our Head Office:
Canniesburn Gate, 10 Canniesburn Drive, Bearsden, Glasgow G61 1BF.
Or email: customerservices@goldencharter.co.uk
We will respond to your complaint in writing within 7 days of receipt.
If we cannot resolve your complaint to your entire satisfaction then you
should contact:
The Funeral Planning Authority Limited,
Registered Office, 50 Broadway, London SW1H 0BL.
Tel: 0845 601 9619
Email: info@funeralplanningauthority.co.uk
FUNERAL DIRECTOR TERMS & CONDITIONS (2012)
GOLDEN CHARTER FUNERAL PLANS
1 The Selected Funeral Director accepts the terms of the Guarantee
specified in this Clause 1 which will be enforceable against the Selected
Funeral Director by any and all of us, the person whose funeral arrangements
are to be provided under the Funeral Plan (“the Beneficiary” which term
includes the person whom the Funeral Plan was originally intended to benefit
and (as appropriate) any Nominated Family Member) and his/her Estate in
its/his/her own respective name(s). Subject to Section 8 of the Terms and
Conditions, the Selected Funeral Director guarantees to (i) carry out the
funeral of the Beneficiary in terms of the Funeral Plan and (ii) not charge the
Beneficiary or the Estate any additional sums for doing so.
2 Subject to such Section 8, the Selected Funeral Director undertakes
that it will carry out the funeral arrangements of the Beneficiary in accordance
with the Funeral Plan and the Terms and Conditions, will do so to the highest
quality standards and will comply with such procedures as may be intimated
in writing by us from time to time. The Selected Funeral Director hereby
undertakes to free, relieve and indemnify and keep indemnified us and the
Trust from and against all costs, claims, liabilities, losses or expenses
(whether from or due to the Beneficiary or his/her Estate or any other person)
arising from its failure to comply in any respect with these Funeral Director
Terms and Conditions.
3 Upon completion of the Beneficiary’s funeral arrangements the
Selected Funeral Director will be entitled to payment from us and should
invoice us for the sum we intimate for the relevant Funeral Plan as at the date
of the Beneficiary’s funeral. The Selected Funeral Director will have no
recourse against us or the Trust in the event that the sum so intimated by us
is lower than the relevant parts of the original Funeral Plan cost and will have
no recourse against the Beneficiary or his/her Estate except to the extent
detailed in Section 8 of the Terms and Conditions. The Selected Funeral
Director will be entitled to obtain reimbursement for any difference between
any allowance for Third Party Costs and (if higher) the actual level of such
costs.
4 In the event of a change of Selected Funeral Director pursuant to the
Terms and Conditions, the existing Selected Funeral Director undertakes to
co-operate fully with us and the new Selected Funeral Director in the transfer
of the Funeral Plan for the benefit and peace of mind of the Beneficiary and
further agrees that we may provide all information we regard appropriate
regarding the Funeral Plan to the new Selected Funeral Director.
5.1 The terms “Data Controller”, “Data Processor” and “personal data”
shall have the meanings ascribed to them in the Data Protection Act 1998 (as
amended) (“DPA”). To the extent that the Selected Funeral Director processes
personal data of the Beneficiary or his/her Representative or Estate in
administering the Funeral Plan, we will be the Data Controller and the
Selected Funeral Director will be the Data Processor. Where the Selected
Funeral Director is the Data Processor it shall only process the personal data
to the extent necessary for administering the Funeral Plan and shall act only
on our instructions. The Selected Funeral Director shall not disclose any
personal data to a third party other than at our request and shall not
correspond directly with the Beneficiary or his/her Representative or Estate
other than for the purposes of administering the Funeral Plan.
5.2 The Selected Funeral Director shall (1) promptly comply with any
request from us requiring it to amend, transfer or delete the personal data and
(2) make us immediately aware of any change to such personal data to allow
us to keep our records accurate and up to date.
5.3 If the Selected Funeral Director receives any complaint, notice or
communication which relates directly or indirectly to the processing of the
personal data or to either party’s compliance with the DPA it shall immediately
notify us and it shall provide us with full-cooperation and assistance in
relation to any such complaint, notice or communication.
5.4 We are entitled, on giving at least 14 days’ notice to the Selected Funeral
Director, to inspect or appoint representatives to inspect all facilities,
equipment, documents and electronic data relating to the processing of
personal data by the Selected Funeral Director.
5.5 The Selected Funeral Director shall promptly inform us if any personal
data is lost or destroyed or becomes damaged, corrupted or unusable. The
Selected Funeral Director will restore such personal data at its own expense.
The Selected Funeral Director shall notify us immediately if it becomes aware
of any unauthorised or unlawful processing, loss of, damage to or destruction
of the personal data.
5.6 At our request, the Selected Funeral Director shall provide us with a
copy of all personal data relating to the Beneficiary in the format and on the
media reasonably specified by us.
5.7 The Selected Funeral Director warrants that it will process any personal
data in compliance with all applicable laws, enactments, regulations, orders,
standards and other similar instruments and it will take appropriate technical
and organisational measures against the unauthorised or unlawful
processing of personal data and against the accidental loss or destruction of,
or damage to, personal data to ensure our compliance with the seventh data
protection principle.
6 Definitions are contained in the Golden Charter Funeral Plans Terms
& Conditions (AXA FMP) (“Terms and Conditions”) as current from
time to time.
Copyright © Golden Charter November 2012