Terms of Service Agreement

Terms and Conditions


This policy is effective as of 1 July 2017.


Agreement Between User and FuneralPartner

"FuneralPartner" is comprised of various Web pages located at https://www.funeralpartner.com. FuneralPartner is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of FuneralPartner constitutes your agreement to all such terms, conditions, and notices. When you create an account at FuneralPartner, you accept these terms and conditions.

Links To Third Party Sites

FuneralPartner may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of FuneralPartner and FuneralPartner is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FuneralPartner is not responsible for any other form of transmission received from any Linked Site. FuneralPartner is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FuneralPartner of the site or any association with its operators.

No Unlawful Or Prohibited Use

As a condition of your use of the FuneralPartner Web Site, you warrant to FuneralPartner that you will not use FuneralPartner for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use FuneralPartner in any manner which could damage, disable, overburden, or impair FuneralPartner or interfere with any other party's use and enjoyment of FuneralPartner. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through FuneralPartner.

User Conduct

FuneralPartner reserves the right, but does not assume the responsibility, to monitor or review your conduct on FuneralPartner. Your use of FuneralPartner is subject to all applicable local, state, national and international laws and regulations.

In using FuneralPartner you agree not to post, transmit, or otherwise make available, through or in connection with FuneralPartner:

  • Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
  • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
  • Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
  • Any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature.
  • Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of FuneralPartner or the servers or networks used to make FuneralPartner available; or violate any requirements, procedures, policies or regulations of such networks.
  • Use FuneralPartner to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use FuneralPartner in a commercial manner.
  • Attempt to gain unauthorized access to FuneralPartner, other accounts, computer systems or networks connected to FuneralPartner, through password mining or any other means.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from FuneralPartner or reproduce or circumvent the navigational structure or presentation of FuneralPartner.
  • Engage in any other conduct which, in the sole discretion of FuneralPartner, is considered inappropriate, unauthorized or objectionable.

No Spamming

You agree not use any feature of FuneralPartner for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by FuneralPartner. If you use any feature of FuneralPartner for the purpose of sending Spam, your right to use FuneralPartner immediately terminates and FuneralPartner reserves the right to seek appropriate legal recourse, as necessary. You agree that FuneralPartner may, at its sole discretion, immediately remove any communications that it reasonably believes constitutes "Spamming," including removal of any contact information related thereto. If you believe that others are using FuneralPartner for spam purposes, please notify us by emailing FuneralPartner at Contact us Please note that by posting a public event you are consenting to receive, and authorizing FuneralPartners to forward to you, emails from other users. Such messages are not included in the above definition of Spam.

Use Of Communication Services

FuneralPartner may contain message board services, chat areas, news groups, forums, communities, personal web pages, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. FuneralPartner has no obligation to monitor the Communication Services. However, FuneralPartners reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FuneralPartner reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. FuneralPartner reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FuneralPartner's sole discretion.

Materials Provided To FuneralPartner Or Posted At Any FuneralPartner Web Site

FuneralPartner does not claim ownership of the materials you provide to FuneralPartner (including feedback and suggestions) or post, upload, input or submit to FuneralPartner or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FuneralPartner and its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. FuneralPartner is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FuneralPartner's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Payment

Payment for services is made by credit card in Australian Dollars and is non-refundable (see Refund Policy below). Please note that prices may change from time to time; the price charged to you will be the price set forth on the Site at the time you place your order. Please complete your purchase carefully.

If you have any questions or problems with your order or the order has not be credited to your account, please contact us immediately at Contact us. Please include your order confirmation number in all communications.

FuneralPartner reserves the right to cancel your account or purchases in the case of non-payment or invalid credit card. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by User. If payment is not current, FuneralPartner may immediately cease to provide any and all Deliverables to the User. You must notify FuneralPartner about any billing problems or discrepancies within 90 days after charges first appear on your statement. If it is not brought to the attention of FuneralPartner within 90 days, you agree to waive your right to dispute such problems or discrepancies.

Refund Policy

Please complete your purchase carefully. There are no returns or refunds on purchases, except in circumstances where the FuneralPartner services were seriously defective as determined by FuneralPartner on a case-by-case basis in its sole discretion. You must notify FuneralPartner about any service defects within 7 days of purchase. If it is not brought to the attention of FuneralPartner within 7 days, you agree to waive your right to a refund.

Indemnity

You agree to indemnify and hold harmless FuneralPartner, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to FuneralPartner, your violation of the TOS, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.

Applicable Law

By visiting https://www.funeralpartner.com you agree to submit to the personal and exclusive jurisdiction of the courts of the Australian Capital Territory, Australia.

Merger Or Acquisition

It is possible that the services and/or related assets of FuneralPartner might be acquired as part of a merger or acquisition. In such an event, you understand and agree that FuneralPartner may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity.

Liability Disclaimer

The FuneralPartner collection of website services and content are provided "as-is" without exception.

The information, software, products, and services included in or available through FuneralPartner may include inaccuracies or typographical erros. Changes are periodically added to the information herein. FuneralPartner and/or its suppliers may make improvements and/or changes to FuneralPartner at any time.

FuneralPartner and/or its suppliers mkae no representations about the suitability, reliability, availability, timelines, and accuracy of the information, softwar, products, services and relates graphics contained on FuneralPartner for any purpose. FuneralPartner and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantilability, fitness for a particular purpose, title and non-infringement.

To the maximum permitted by applicable law, in no event shall FuneralPartner and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of FuneralPartner with the delay or inability to use FuneralPartner or related services, the provision of or failure to provide services, or for any information, software, products, services and related and related graphics obtained through FuneralPartner, or otherwsie arising out of the use of FuneralPartner, whether based on contract, tort, negligence, strict liability or otherwise, even if FuneralPartner or any of its suppliers has been advised of the possibility of damages. Because some States/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of FuneralPartner, or with any of these terms of use, your sole and exclusive remedy is to discontinue using FuneralPartner.

Termination/Access Restriction

FuneralPartner reserves the right, in its sole discretion, to terminate your access to FuneralPartner and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws the laws of the Australian Capital Territory, Australia, without regard to its conflict of law provisions. You agree any action at law, or in equity arising out of, or relating to these Terms and Conditions shall be filed only in the state or federal courts in the Australian Capital Territory, Australia, in all disputes arising out of or relating to the use of FuneralPartner.

Use of FuneralPartner is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FuneralPartner as a result of this agreement or use of FuneralPartner. FuneralPartner's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FuneralPartner's right to comply with governmental, court and law enforcement requests or requirements relating to your use of FuneralPartner or information provided to or gathered by FuneralPartner with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FuneralPartner with respect to FuneralPartner and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FuneralPartner with respect to FuneralPartner. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright, Trademark And Intellectual Property Protection

Except as otherwise indicated, all materials on this site, including, but not limited to, photographs, other images, illustrations, text, video clips and written and other materials contained in this site are protected by copyrights, trademarks and/or other intellectual property rights owned, or used with permission of their owners by FuneralPartner. All rights reserved. The names of actual companies and products mentioned on FuneralPartner may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

You may make a copy of this content provided that you keep all copyright and other proprietary notices intact, and you agree not to modify, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner, any material or information on or downloaded from the site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent. No right, title or interest in any material or software is transferred to you as a result of your use of the site or any such permitted downloading or copying.

Modification Of These Terms Of Use

FuneralPartner reserves the right to change the terms, conditions, and notices under which FuneralPartner is offered. The effective date will be posted at the top of this agreement if any changes are made to the agreement.

Contact

To contact FuneralPartner regarding these terms and conditions, please send an email to Contact us.