Terms of Use

This website is operated by Funeral Notice Australia Pty Ltd (ABN 396 589 362 37) (Funeral Notice Australia).

These Terms of Use (Terms of Use) contain the terms and conditions that govern your access to, and use of, this website and all associated websites owned and operated by Funeral Notice Australia and/or its related bodies corporate (each, the Website).

These Terms of Use apply to all users of the Website, and constitute an agreement between Funeral Notice Australia and you (“you” or “your”). By using the Website, you indicate that you have read and accepted these Terms of Use. By accepting these Terms of Use, you agree to be bound by them and represent to us that you have the legal capacity to accept these Terms of Use.

We may make changes to these Terms of Use from time to time for any reason. We will publish those changes on the Website. By continuing to use the Website after the changes take effect, you indicate that you have read, accepted and agree to the updated Terms of Use.

1. Website content

1.1 All intellectual property relating to the Website, including without limitation all materials, information and content on the Website (including without limitation text, software, graphics, design, photographs, images, videos, names, trademarks and layout, appearance and looks of the Website) (the Website Content) is owned by Funeral Notice Australia or its related bodies corporate, and may be protected by copyright, trademarks and/or other intellectual property rights.
1.2 Funeral Notice Australia does not grant to you any licence or right in, or assign all or part of, its intellectual property rights in the Website Content or the Website.
1.3 The Website Content is provided for your personal and non-commercial use only, unless otherwise authorised by Funeral Notice Australia.
1.4 You acknowledge and agree that:
(a) you will not modify, copy, reproduce, publish, republish, disseminate, circulate or distribute in any way any part of the Website or Website Content without the express prior written consent of Funeral Notice Australia;
(b) you will not do anything with the Website (including the Website Content) that is not expressly authorised by these Terms of Use.

2. Use of the Website

2.1 You acknowledge and agree that you will:
(a) abide by all applicable copyright laws (and other applicable intellectual property laws); and
(b) use the Website in a responsible manner, and in compliance with all relevant laws, regulations, standards or codes.
2.2 You agree that you will not:
(a) use the Website or any Website Content for any purpose that is unlawful or prohibited by these Terms of Use;
(b) store in any electronic or other medium, publish, distribute, communicate to the public, change, modify, adapt, manipulate, reverse engineer, decompile, distort or enhance any of the Website Content including by “scraping” any Website Content;
(c) incorporate or merge any of the Website Content with any other material, including advertising or promotional material;
(d) transmit, distribute, post or submit any information concerning any other person or entity without their permission (including without limitation names, photographs, or any other information relating to that person or entity);
(e) defame, harass, threaten, menace or offend any person;
(f) attempt to use any device or software to modify, remove, deface, hack or otherwise interfere with the Website or any Website Content; or
(g) knowingly transmit any virus, worm, trojan horse or other disabling feature to or through the Website.
2.3 If you breach these Terms of Use, notwithstanding any other rights that Funeral Notice Australia may have, Funeral Notice Australia may, without notice to you, block you from the Website.

3. Disclaimer

3.1 Unless specified otherwise, any Website Content made available on the Website is general information only, and does not take into account your specific circumstances.
3.2 You acknowledge that your use of the Website (including the Website Content) is at your own risk.
3.3 Unless specified otherwise, Funeral Notice Australia (and its related bodies corporate) does not make any representation or warranty, whether express or implied, about the Website or the Website Content, including without limitation in relation to:
(a) the accessibility or operation of the Website; or
(b) the accuracy, reliability, timeliness, correctness, completeness or suitability of the Website Content; or
(c) the accuracy, reliability, security, confidentiality, correctness, compatibility of the Website,
and to the fullest extent permitted by law, Funeral Notice Australia (and its related bodies corporate) excludes all representations and warranties relating to the Website or Website Content.
3.4 Funeral Notice Australia may amend or remove any Website Content at any time.

4. Liability

4.1 To the maximum extent permitted by law, Funeral Notice Australia excludes all liability for any loss, damage, costs or expense (whether direct, indirect, special and/or consequential loss) suffered by you or any third party, or claims made against you or any third party, which arise out of or in connection with your use of, or your inability to use, the Website or the Website Content.

5. Indemnity

5.1 You indemnify Funeral Notice Australia (and its related bodies corporate) from and against any loss, claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses) incurred or suffered by Funeral Notice Australia (or its related bodies corporate) and any of its officers, employees or agents, which arise from, or in connection with:
(a) your use of the Website;
(b) a breach by you of these Terms of Use;
(c) any deletions, additions, insertions, or modifications to, or any unauthorised use of, the Website or Website Content by you; or
(d) any wilful, unlawful or negligent act or omission by you.

6. Third party websites

6.1 The Website may contain links to websites owned and operated by third parties. Unless otherwise stated, Funeral Notice Australia does not control, endorse, sponsor or approve any such third-party websites or their content.
6.2 If you access a third-party website through the Website, you do so at your own risk. Funeral Notice Australia is not liable for any loss or damage (including special, indirect or consequential loss) that you incur or suffer arising from your use of or access to any third-party website.

7. Privacy

7.1 Funeral Notice Australia’s Privacy Policy forms part of these Terms of Use and apply to your use of the Website.

8. General

8.1 If any of the terms in these Terms of Use are invalid, unenforceable or illegal, that term will be severed and the remainder of these Terms of Use will continue to have full force and effect.
8.2 Any failure by Funeral Notice Australia to enforce any of its rights under these Terms of Use will not be treated as a waiver by Funeral Notice Australia of those rights.

9. Overview of Intent

9.1 No misleading, melilotus, discourteous or false information is to be posted on this site
9.2 Although all care by Funeral Notice Australia Pty Ltd has been taken to verify all information on the site is accurate, Funeral Notice Australia Pty Ltd does not accept any responsibility for any misleading, melilotus, discourteous or false information here within
9.3 Any person or entity found to have entered misleading, melilotus, discourteous or false information may be subject to prosecution
9.4 Any information that is found to be misleading, melilotus, discourteous or false during the “scrutiny of information” phase before appearing as a public listing may be rejected for listing with no refund of fees already paid
9.5 Any information that has been listed that is subsequently found to be misleading, melilotus, discourteous or false will be removed with no refund of fees already paid
9.6 Information, of either the person or entity making the listing or the deceased person, will not be sold, gifted or exchanged to any third party by Funeral Notice Australia
9.7 All listings are kept in an “archive” system that is accessible through the search function
9.8 This site contains details and images of deceased people which members of some cultures may find distressing, a cultural warning is located on the “Home” page and Funeral Notice Australia Pty Ltd bears no responsibility for any distress cased to any person or entity that choses to utilise the site in pursuance of information
9.9 Although all care is taken by Funeral Notice Australia Pty Ltd, the company does not except any liability for any breaches in security form cyber threats (hackers) in regard to any information held on their data base