Terms & Conditions

2.1   Unless We otherwise agree in writing, these Terms apply exclusively to every Contract and cannot be varied or replaced by any other terms.

2.2    Any quote We provide to You for the proposed supply of a Product is valid for 30 days and is an invitation to treat only.

2.3   The Product is sold to You on the basis that You have obtained all necessary approvals or permits required including ROI.

2.4   The Contract may include additional terms as set out in Our quote.

2.5   The Contract is accepted by Us when We accept Your order (which may occur in writing or electronic means).

2.6   We may refuse to accept any order.

2.7   You must provide Us with Your specific requirements, if any, in relation to the Product.

2.8   We may vary or amend these Terms by written notice to You at any time. Any variations or amendments will apply to quotes given or orders placed after the notice date.

3.1   Unless otherwise indicated, prices quoted for the supply of a Product include delivery costs (subject to clause 4) annual subscription and GST.

3.2   If You request any variation to the Contract, We may notify You of a resultant change to the price. You may:

(a)   accept the change to the price; or

(b)   withdraw Your request for the variation.

3.3   Where Our costs change in relation to a Product, We may notify You that We propose to vary the price to take account of the change. You may:

(a)   accept the varied price; or

(b)   reject the varied price and cancel the Contract.

4.1   Unless otherwise agreed in writing, You must make full payment of agreed price at the time of placing Your order for the Product.

4.2   Further payment may be required if the design elements exceed the original Product brief.

4.3   Cheques, unless authorised bank cheques, are not accepted. Payment by bank cheque is not deemed made until the proceeds of the bank cheque have cleared.

4.4   Setup an account to automatically deduct annual subscription.

5.1   If We agree in writing to extend deferred payment terms to You, and You default in payment by the due date of any amount payable to Us, then all money which would become payable by You to Us at a later date becomes immediately due and payable without the requirement of any notice to You, and We may:

      (a)   charge You interest on any sum due at the prevailing rate under the Penalty Interest Rates Act 1983 (Vic) plus 2% for the period from the due date until the date of payment in full;

      (b)   charge You for, and You must indemnify Us from, all costs and expenses We incur resulting from the default or in taking action to enforce compliance with the Contract;

      (c)   cease or suspend supply of any Product to You, including but not limited to removing or prohibiting access to the Page;

      (d)   by written notice to You, terminate any uncompleted Contract with You.

5.2   Subject to any applicable statutory stay of proceedings, clauses 1(c) and (d) may also be relied upon, at Our option, where You become bankrupt or insolvent, or enter into any scheme of arrangement with or for the benefit of Your creditors; or have a liquidator, administrator or similar functionary appointed in respect of Your assets.

6.1   You acknowledge and agree:

      (a)   it is Your responsibility to ensure the Content is accurate, complete and lawful; and

      (b)   We do not verify the accuracy, completeness or lawfulness of the Content, and We are not liable for any errors or omissions in the Content.

6.2   You warrant to Us that:

      (a)   You are the owner of the Right of Interment;

      (b)   You are the owner of the Content, or are otherwise fully authorised to submit the Content to Us for display on the Page (or for Your own upload to the Page);

      (c)   the Content is accurate, complete and lawful;

      (d)   no part of the Content is defamatory, anti-social, illegal, offensive or politically motivated, or infringes or is likely to infringe a third party’s intellectual property or other rights;

      (e)   subject to clause 2(e), no part of the Content contains any material that identifies or could be used to identify any person other than the Deceased or You;

      (f)   if any part of the Content does contain any material referred to in clause 6.2(d), You have obtained informed consent from such person/s for the inclusion of such material in the Content.

7.1   Unless otherwise agreed in writing, We will:

      (a)   commence work on the Page upon receipt of initial payment; and

      (b)   use our reasonable endeavours to supply the Product within 21 days from Our receipt of the Content in full from You.

7.2   Notwithstanding clause 7.1, any period or date that We state for supply of a Product is an estimate only and not a contractual commitment. We will not be liable for any loss or damage suffered by You or any third party for failure to meet any estimated date.

8.1   Subject to clauses 2 and 8.4, We will arrange for delivery of the Goods to You, Cemetery or Stonemason by registered mail.

8.2   The risk in the Goods and all insurance responsibility for theft, damage or otherwise passes to You upon our postage.

8.3   If You have special requirements for delivery of the Goods, You must make such requirements known to Us at the time of placing Your order.

8.4   Where You give Us notice under clause 8.3:

(a)   We will use reasonable endeavours to accommodate such requirements; and

(b)   You must pay any additional costs associated with effecting Your special requirements.

9.1   Unless otherwise agreed by Us in writing:

      (a)   the Page will be created within, and take the form of, a predetermined flexible design template created and determined by Us; and

      (b)   access to view any Content on a Page will not be subject to password protection or any other security feature that prevents third party access to view Content.

9.2   An additional fee (which will be advised by Us to You from time to time) will apply to Your request of Us to customise, vary or update the Page on an ongoing or periodic basis depending on the context of the work required.

10.1   Subject to clause 13.7, unless You notify Us of any damage, errors or non-compliance relating to the Product within 14 days of receipt, You are deemed to have accepted the Product.

10.2   We may request photographs or other evidence to substantiate Your allegation of damage, error, or non-compliance relating to the Product.

11.1   We will use reasonable endeavours to supply the Product, but if We are unable to do so, We may cancel Your order (even if it has been accepted) by written notice to You.

11.2   To the maximum extent permitted at law, and subject to clauses 2 and 3.3, no purported cancellation of an order or any part of it by You is binding on Us once the order has been accepted.

11.3   If You change Your mind after supply of the Product, and seek removal of the Page on that basis, You may give Us written notice, in which case:

      (a)   We will take reasonable steps to remove the Page within 7 days; and

      (b)   You will not be entitled to a refund of any amount paid to Us for the Product.

12.1   We:

      (a)   may modify or vary the Information contained on the Site, change or discontinue any feature or part of the Site, or change the hours of availability and the equipment required to access the Site, without notice or liability;

      (b)   will use reasonable endeavours to ensure that the Site and the Page are each available continuously, but do not guarantee that access to the Site will be continuous or uninterrupted;

      (c)   do not guarantee, warrant or make any representation as to the accuracy, adequacy, currency or reliability of the Information or Site;

      (d)   do not represent or warrant that the Information or Site is free from human or mechanical error, technical inaccuracies or other typographical errors or defects;

      (e)   do not guarantee, warrant or make any representation that use of the Site will not cause damage or that it is free from any virus or defects.

13.1   Except as these Terms specifically state, this Contract does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Product or any contractual remedy for its failure.

13.2   Except to the extent of any liability imposed by the ACL, We are not liable for any indirect or consequential loss or expense suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill, liability to any other party, or related to the use of (or the inability to use) the Site, including the Page.

13.3   To the maximum extent permitted at law, Our liability arising under the Contract is limited, at Our election, to one or more of:

      (a)   replacement of the Product or the supply of equivalent goods or services;

      (b)   repair of the Product; or

      (c)   payment of the cost of the actions described in clause 13.3(a) or (b) above.

13.4   To the maximum extent permitted at law, We are not liable for any loss or damage to the Product (including but not limited to discolouration or staining) relating to or arising from:

      (a)   exposure of the Goods to natural disasters, sudden destructive weather conditions or extreme weather conditions;

      (b)   maintenance activities or maintenance neglect; or

      (c)   any act or omission of human interference (including wilful or accidental damage).

13.5   You assume all risk and liability for loss, damage or injury to persons or to property (of You or third parties), arising out of the use, installation or possession of any part of the Product, unless recoverable from Us on the failure of any statutory guarantee under the ACL.

13.6   You indemnify and hold Us harmless from and against any and all actions, claims, costs, damages, demands, expenses, fees, liabilities or penalties that We do or may incur arising from any breach by You of the warranties set out in clauses 2 and 9.3.

13.7   Nothing in these Terms:

      (a)   restricts, limits or modifies Your rights or remedies as a consumer against Us for failure of a statutory guarantee under the ACL;

      (b)   excludes, restricts or modifies the application of any non-excludable State or Federal law.

14.1   State laws from time to time govern the Terms.

14.2   A party’s failure to enforce any of these Terms is not to be construed as a waiver of that party’s rights.

14.3   If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, severed from the Terms.

14.4   A notice must be in writing and handed personally or sent by email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting.  Notices sent by email are deemed received on confirmation of successful transmission.