Terms of Service

What this covers

These terms apply to CemeteryIQ, the cemetery management software, and to these pages. By using CemeteryIQ you agree to them.

CemeteryIQ is operated from Ontario, Canada. In these terms, “we” and “us” mean CemeteryIQ; “you” means the cemetery operator using the software and the people it gives access to; and “your records” means the information you enter or upload.

We are a software provider. We are not a cemetery operator, we do not provide funeral, burial or cremation services, and nothing in CemeteryIQ is legal, accounting or tax advice.

CemeteryIQ is built for Ontario. Its compliance features follow the Funeral, Burial and Cremation Services Act, 2002, O. Reg. 30/11, the rules of the Bereavement Authority of Ontario, and Canada Revenue Agency rules for HST. It is not built for the cemetery legislation of any other province and should not be relied on outside Ontario.

Your records are yours

Everything you put into CemeteryIQ stays yours. We claim no ownership of it.

You are also responsible for whether it is right. Records that arrive from paper, from a previous system, or from a cemetery you have taken over are yours to verify. We have no way of knowing what a lot card said.

We use your records only to provide and support the service for you. We do not sell them, we do not use them for advertising, and we do not share them with anyone other than the service providers listed on the sub-processors page, who host them on our behalf. How we handle personal information is set out in the privacy policy.

Your account

You are responsible for who you give access to and for what they do with it. Each person who signs in should have their own account rather than sharing one.

Keep sign-in details private, and tell us promptly if you think an account has been used by someone who should not have it.

Stopping

You can stop using CemeteryIQ at any time. If you do, ask us and we will give you a complete copy of your records, and delete what we hold afterwards.

We may end or suspend access, with reasonable notice, if these terms are being broken or if we stop offering the service. If we stop offering it, you will get your records first.

Access requests and regulators

If anyone with the authority to ask requires records that are held in CemeteryIQ, tell us and we will help you get what you need out of the system, in a usable form, at no charge. That covers an audit or inspection by the Bereavement Authority of Ontario, a request under the Municipal Freedom of Information and Protection of Privacy Act if you are a municipality, an access request under whichever privacy law applies to you, and a court order.

Using it properly

Do not attempt to reach another operator’s information, interfere with the service or the people using it, or store information in CemeteryIQ that you have no right to hold.

Do not copy, resell, rent out or reverse engineer the software, or use automated means to access it.

What we do not promise

CemeteryIQ is provided as it is. We do not promise that it will be available at any particular time, that it will be free of errors, or that it will suit a particular purpose. We do not currently offer a service level or a guaranteed support response time.

Compliance calculations, and where the line is

CemeteryIQ does the arithmetic. It works out care and maintenance contributions, applies HST, tracks the sixty-day deposit deadlines, and assembles the figures for the annual reports. It shows how each number was reached rather than only the answer, so that you can check it.

You own the filing. Submitting a return, keeping the public register, reconciling with your trustee and deciding what to tell your regulator are the operator’s responsibilities and stay that way. CemeteryIQ produces the numbers. It is not the record of your compliance and it is not a substitute for your own review.

Those calculations reflect our reading of the regulations as they stand, and of the rate schedules in force on the date of each transaction. Regulations change, guidance is issued, and reasonable readings differ. Check the figures before you file or rely on them. If one looks wrong, tell us: correcting it for everybody is the point of building it this way.

Limits

So far as the law allows, we are not liable for indirect or consequential loss, including lost revenue, lost data, or business interruption.

So far as the law allows, our total liability for any claim relating to CemeteryIQ is limited to the greater of the amount you paid us in the twelve months before the claim arose, and CAD $100.

Some of these limits do not apply where the law does not allow them, and nothing here limits liability that cannot be limited.

Changes to these terms

We may change these terms. The date at the top of this page says when they last changed. If a change is significant, we will let operators know before it takes effect.

Which law applies

These terms are governed by the laws of Ontario and the laws of Canada that apply in it, and any dispute goes to the courts of Ontario.

Contact

Questions about these terms: support@cemeteryiq.com.