Definitions:

In these terms and conditions, the following definitions shall apply except when otherwise required by the context:

Garden of Eternity means the memorial garden operated by us.

Period means the term of 25 years from the date of service unless another period has been agreed and extended by written agreement between you and us.

Selected Area means the part of the Garden of Eternity that you have selected as the service of ashes or scattering of ashes.

Us/We means Garden of Eternity Ltd, a Company Registered in Scotland with number SC669229 and whose registered address is on the end of this form.

You mean the applicant.

Full Terms & Conditions

Application Form
By submitting the Application form to us you are agreeing to service the Selected Rights of service from us subjected to these terms. We are a non-for-profit organisation and work principally on donations.

Amendments

The Selected Rights of service may not be varied or amended. We may at our absolute discretion agree to variations to the Selected Rights of service that you request in writing. Please note that we reserve the right to cover costs for any bespoke services requested and that they will not be binding upon us unless we have confirmed our agreement to them. 

Availability

Ground conditions, the passage of time, tree growth or changes in circumstances may unavoidably affect the availability of certain arrangements, e.g. The selected service area. If this happens, it may be necessary for us to provide reasonable alternative location and/or to instruct reputable agents to provide alternative Rights of service on our behalf. Please note under the guidance of Highland Council we operate four times a month in the summer season and four additional times during the winter season as requested. In respect of the Garden, we cannot provide support and services more than twenty eight times per year. Please note that there is no onsite car parking availabled, however adequate parking is available nearby in the township. Every assitance for access will be provided where possible.

Notifying us

You or your representatives must notify us in writing or deliver it personally, send it first class post to our registered address or by email to info@gardenofeternity.co.uk

We must have at least 5 working days’ notice in advance of the service. 

Payment

We are a non-for-profit organisation working toward the well being of others and providing service of well being, thus we work principally on donations.​

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Conditions relating to the service site

We will provide reference markers to be used to locate the position of the service site. The site will be primarily managed for agriculture or the benefit of wildlife and we will have sole discretion in the selection of planting, landscaping, and maintenance of the Memorial Garden.
Only biodegradable urns from sustainable resources shall be used.

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Ashes of Service site excavation

For reasons of health and safety, only the Nominated contracter shall excavate ashes site of service. They will be 0.5m deep and are for one single service. 

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Miscellaneous

You enter the Garden of Eternity at your own risk. We cannot accept any liability whatsoever for the loss of or damage to any vehicle, its contents or your possessions save to the extent that it is proved to be directly caused by negligence, or willful act or willful default of us or our associates or agents.

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Waiver

The failure of either party at any time to enforce any of the terms, provisions, or conditions of the agreement, or to exercise any right under it, shall not constitute a waiver or affect that party’s rights thereafter.

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General

These terms and conditions, together with the donation and your Application Form constitute the agreement between us and you regarding the Selected Rights of Well Being & Legacy to which they refer. They do not affect your statutory rights. A person who is not party to this agreement (including, without limitation, the Nominee, or the Representatives) shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This shall not affect any right or remedy of any person arising otherwise than under that Act. If any part of the agreement proves ineffective the remainder shall not be prejudiced. This agreement shall be governed by Scotts Law. 

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Indemnity

You and your representatives shall be responsible for and indemnify and keep us indemnified against any loss (including consequential or economic loss) or damage which we may sustain or suffer by or because of a breach of the terms of this Contract, including but without prejudice to the foregoing generality, a breach of Conditions 14, 15 and 18 hereof and any loss (including consequential or economic loss).

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Data Protection

We agree that in relation to the personal data we will process in connection with the agreement, such processing will be undertaken in accordance with the Data Protection Act 2018.

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Address for Correspondence & Communications (24hrs)

11 Broomknoll St.
Airdrie
ML6 6BN
Tel: 01470 235 013 (24hrs)

01236 341 609 (10am-5pm Tue-Sat)

Email: info@gardenofeternity.co.uk