Terms and Conditions

Terms and Conditions

Introduction

These Terms and Conditions outline the basis on which you may access and use our website and all websites owned by funeraldirector.com.au (“us”, “we”, “our”), unless otherwise stated on the website itself. We reserve the right to amend partially or in whole, any or all of our terms and conditions, policies, disclaimers and notifications without notice and at our sole discretion. Should you not agree or object to any of our terms and conditions, policies, disclaimers or notifications your sole option is to immediately cease your use of our website/s. These Terms & Conditions and our Privacy Policy form in full our Terms and Conditions of Use.

funeraldirector.com.au make no warranty as to the accuracy or reliability of the information contained on our website or any websites owned by funeraldirector.com.au (including but not limited to content generated by funeraldirector.com.au or third parties). Information on our website/s or provided as part of a service / product issued by, on behalf of or through a funeraldirector.com.au owned website should not be regarded as a substitute for professional advice. funeraldirector.com.au and its related entities, proprietors, directors, officers, affiliates, service providers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained or omitted from our website/s or products / services issued by, on behalf of or through a funeraldirector.com.au owned website.

Jurisdiction

Your use of any website owned by funeraldirector.com.au and our terms and conditions, policies, disclaimers or notifications will be governed and interpreted in accordance with the law of Queensland, Australia. You agree to the Jurisdiction of the courts of Brisbane in Queensland, Australia to determine any dispute arising out of any website owned by funeraldirector.com.au or our terms and conditions, policies, disclaimers or notifications .

Copyright

Content found on, distributed by or generated by your use of our website and any website owned by funeraldirector.com.au is protected by copyright in accordance with the Copyright Act 1968, and is provided for the sole purpose of non-commercial, personal use. Written permission must be obtained directly from funeraldirector.com.au or relevant copyright owner to copy, distribute, display, reproduce or use commercially any copyright content. Should permission be granted, any conditions included in the written permission must be adhered to strictly.

Intellectual Property

The proprietary software, strategies and systems that are used, distributed and or generated by funeraldirector.com.au are and remain the intellectual property of funeraldirector.com.au. You may not copy, reverse engineer, modify or otherwise deal with the software, strategies and systems used.

Severability

You agree that in the event that any provision or part of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions or parts.

Disclaimer

The content found on, distributed by or generated by your use of our website or any website owned by funeraldirector.com.au is provided in good faith. While we make every effort to ensure the accuracy and reliability, funeraldirector.com.au, related entities (as per the Corporations Act 2001), affiliates, licensors or licensees, nor any of their respective directors, proprietors, officers, employees or agents make any representation or warranty as to the accuracy or completeness of the information. To the fullest extent permitted by law, funeraldirector.com.au disclaims all representations and warranties of any kind, express or implied. funeraldirector.com.au makes no warranty that our website, or any website owned by funeraldirector.com.au and content contained within, or any products and or services provided by funeraldirector.com.au will meet your requirements. To the extent permittable by law, funeraldirector.com.au will not be liable, in contract, tort (including negligence) or otherwise, for any loss or damages whatsoever, arising out of or in connection with the use of our website or any website owned by funeraldirector.com.au aswell as any products and or services provided by funeraldirector.com.au. This includes but is not limited to; any breach of any relevant legislation by a service provider, client or sponsor of funeraldirector.com.au; any errors or omissions including typographical errors; any technological malfunctions including but not limited to virus, trojans, delays or interference; a failure or omission on the part of funeraldirector.com.au to comply with its obligations under these Terms and Conditions. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL funeraldirector.com.au BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNATIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS OR YOUR USE OF ANY WEBSITE OWNED BY funeraldirector.com.au. NOTWISTHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF funeraldirector.com.au AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED AUSTRALIAN DOLLARS). This disclaimer does not exclude any rights which by law may not be excluded.

Limitation of Liability

Any liability that cannot be excluded by law will be limited to, at our election, to: 1. in the case of services supplied or offered by us – the re-supply of the services or payment of the cost to us (at the time of service )of doing this; or 2. in the case of goods supplied or offered by us – repair or replacement of the goods, supply of equivalent goods, or payment of the cost to us (at the time of supply of goods) of doing this .

Restriction on Use of our Websites

In access or using our website or any website owned by funeraldirector.com.au you agree to be bound by our Restriction on Use and our Terms and Conditions. This includes but is not limited to use or and receipt of service provider reports, quotes, proposals, correspondence or communications through any form of media. We are unable to guarantee or provide assurance that we have service providers in your area of choice, nor can we guarantee or provide assurance that our existing service providers service your area of choice. You acknowledge that this may apply to your area in submitting your Personal Information through any website owned by funeraldirector.com.au. As the owner of the website/s, funeraldirector.com.au may at any time, without notice, terminate access with no liability for any costs, losses or damages of any kind arising as a consequence of terminating access.

Service Providers

funeraldirector.com.au develop professional relationships with service providers all over Australia in a broad range of industries, these service providers have demonstrated and / or represented that they are professionals with expertise in their respective industry, and while every effort is made, no guarantee or assurance is made by funeraldirector.com.au that these service providers are licenced or registered in accordance with their respective industry regulators and governing bodies. Please refer to the Privacy Policy for information on how your Personal Information is used by service providers. As funeraldirector.com.au does not review the information or content provided to you by the service providers, we do not warrant the accuracy, integrity or reliability of the information or content provided by the service providers. You may not, under any circumstances, use any reports, quotes, proposals, correspondence or communications from service providers for commercial purposes.

Price Requests & Form Submissions

When requesting a report or submitting your personal details in a form in our website you give us irrevocable rights to forward those details on to a service provider that can provide you with the information you require. For more information on how we manage your personal details, please view our Privacy Policy.

Links and Advertising

Throughout our website or any website owned by funeraldirector.com.au, we may include advertising, hyperlinks and / or pointers to third party websites. We make no warranty as to the accuracy, credibility, reliiability or security of these websites as they are not owned by funeraldirector.com.au and are beyond our control. In accessing any website linked to by us, you agree that you do so entirely at you own risk and agree to be bound by their terms and conditions of use should it be applicable. We accept no responsibility for any loss or damage, as a direct or indirect result of accessing a website linked to by us, advertised by us or pointed to by us. A display of advertising, hyperlink or pointer to a third party website does not imply an endorsement or recommendation by funeraldirector.com.au.

Linking to Our Websites

Hyperlinks to our websites are encouraged, however in linking to our website you must: i) comply with all copyright, trademark and other applicable laws; ii) link to our content directly, with the title of the page, or headline of the content as the link anchor text. Attirbuting a link to our website (typographical and / or photographical), then linking to any site not owned by funeraldirector.com.au is strictly prohibited and is considered a severe breach to our Terms and Conditions.

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