Terms & Conditions

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Rest in Peace Australia

WEBSITE TERMS AND CONDITIONS OF USE

Restinpeaceaustralia.com

This page (together with the documents referred to on it) tells any person who accesses this site (“you”) the terms and conditions on which you may make use of:

  1. our website www.restinpeaceaustralia.com which shall incorporate, without limitation, any members’ area, funeral directors area, Board or any paid service (each as defined below) (our“site”); and/or
  2. the members’ area of our site (“members’ area”) (see Section 6 in particular below); and/or
  3. any paid for service provided on or through our site or in the members’ area (“paid service”) (see Section 7 in particular below); and/or
  4. any funeral directors’ area of our site or general public area of our site (together the “Terms”).

Please read these Terms carefully before you start to use our site. By using our site you indicate that you accept these Terms of use and that you agree to abide by them.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE REFRAIN FROM USING OUR SITE.

  1. INFORMATION ABOUT US
    1. Our site is operated by restinpeaceaustralia.com NSW 2103.
  2. ACCESSING OUR SITE
    1. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, We may restrict access to some parts of our site, or our entire site.
    2. You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
  3. PROHIBITED USES
    1. You may use our site only for lawful purposes. You may not use our site:
      • In any way that breaches any applicable local, state, federal or international law or regulation.
      • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
      • For the purpose of harming or attempting to harm minors in any way.
      • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
      • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    2. You also agree:
      •  Not to use, or instruct a third party to use on your behalf, automated programs, systems or any other method of “screen scraping” or “web scraping” to extract data from this website.
      •  Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of this policy.
      •  Not to access without authority, interfere with, damage or disrupt:
        • any part of our site;
        • any equipment or network on which our site is stored;
        • any software used in the provision of our site; or
        • any equipment or network or software owned or used by any third party.
  4. POSTING TO OUR SITE
    1. Where you are able to post information or any content to any board or online book or otherwise on our site (“Board”), including any reply, (“Post”) We reserve the right to remove, or to disable access to, any Post which We deem to be potentially defamatory of any person or which We deem unlawful or in violation of any third party rights or which otherwise is damaging to the reputation of Rest in Peace Australia.com
    2. In principle we expressly exclude our liability for any loss or damage arising from the use of any Board by any person in contravention of these Terms.
    3. In principle while we make every effort to moderate our Boards, We do not check every Post. We are under no obligation to you or any other person to oversee, monitor or moderate any Board and We may stop moderating at any time.
    4. Where you are under 18 years of age please obtain the permission of your parent or guardian before making any Post or using any Board.
    5. A Post must be accurate (where it states facts), genuinely held (where it states opinions), comply with the law applicable in Australia and in any country from which it is posted and also be relevant.
    6. Where you do not comply with the terms and conditions of this Section 4, or any of our Terms, We may immediately, temporarily or permanently withdraw your right to use the Board and any other sites associated with it or owned by Rest in Peace Australia immediately, temporarily or permanently remove any Post already posted on the Board; issue a warning to you or initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  5. INTELLECTUAL PROPERTY RIGHTS
    1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.
    2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
    5. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from Rest in Peace Australia.
    6. If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  6. MEMBERS’ AREA
    1. In order to receive some of the services (including, but not limited to the paid services or archived information) from Rest in Peace Australia, you must register to become a member of our site.
    2. All of the terms and conditions contained in these Terms are applicable to a user of the members’ area (“member”) and in addition, an individual may only become a member where he or she is over 18 years of age.
    3. You will be required to enter a password to gain access to the members’ area. It is your responsibility to maintain the security of your password and you must not disclose it to any third party or allow any third party to access our site using your password. Where your password has been stolen or any individual has gained unauthorised access to your account with Rest in Peace Australia.com, you must advise restinpeaceaustralia.com immediately.
    4. Registration is performed by entering the required data in a designated online form available on our site. Upon completion of the registration process, you will have created an account with Rest in Peace Australia.
    5. We are entitled to decline a registration at our sole discretion without stating any reasons. We may terminate or restrict access to any account at any time at our discretion.
  7. PAID SERVICES
    1. We may offer paid services from time to time. We reserve the right to discontinue or modify theses paid services at any time without notice to you. In order to receive paid services from Rest in Peace Australia you must register with our members’ area as set out in Section 6 above.
    2. After placing an order and paying the advertised fee you are making a binding contract with Rest in Peace Australia Pty. Ltd. All orders are subject to continued acceptance by Rest in Peace Australia. The contract will be formed on the sending by email to you of a confirmation of the order from Rest in Peace Australia. (“Order Confirmation”).
    3. We reserve the right to decline orders and to terminate an already concluded contract without notice for any reason.
    4. The price of any paid service will be as quoted on our site from time to time (“Price”). These Prices include GST at the applicable current rate chargeable in Australia for the time being. We take reasonable care to ensure that the Prices are correct at the time when the relevant information was entered onto the system. However if there is an error in our Prices We will contact you directly.
    5. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already entered into a binding contract.
    6. Payment for all services must be by credit card into the PayPal account of Rest in Peace Australia.
    7. If you would like to cancel a service at any time you must edit/delete the notice you previously created on Rest in Peace Australia. website. The notice will be frozen when the Funeral Date has passed. Any payments of the Price made up to the date of cancellation will not be refunded. If the payment date for the Price falls within the cancellation period. We will charge you for this payment.
    8. You shall make all payments due under any contract with Rest in Peace Australia in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by Rest in Peace Australia.
    9. If you are contracting with Rest in Peace Australia as a consumer, where applicable you have a right to cancel a contract subject to current consumer rights applicable at the time of the contract with you.
    10. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by a force majeure event (“Force Majeure Event”) which includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
      • strikes, lock-outs or other industrial action;
      • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
      • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
      • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
      • impossibility of the use of public or private telecommunications networks; or
      • the acts, decrees, legislation, regulations or restrictions of any Australian State or by the Australian Federal Government;

      Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance of the contract for the duration of that period.

    11. Where you purchase advertising space on Rest in Peace Australia, your advert(s) display on the site only for the period of time that you advertise with us. (As of yet this service is not yet online).
    12. Where you purchase any services from restininpeaceaustralia.com, these Terms and any document expressly referred to in them represent the entire agreement between Rest in Peace Australia and you in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between Rest in Peace Australia, whether oral or in writing. Both you and Rest in Peace Australia. each acknowledge that, in entering into a contract, neither has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and Rest in Peace Australia prior to such contract except as expressly stated in these terms and conditions.