iFuneral Terms and Conditions

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DEFINITIONS

In these iFuneral Terms and Conditions:
Abandoned Goods means those Goods which have not been accepted for delivery and which have remained in the possession of iFuneral Pty Ltd for 90 days.
iFuneral Pty Ltd means DAPE Pty Ltd trading as iFuneral of 2404 Logan Rd, Eight Mile Plains QLD 4113 Australia.
Conditions mean these Standard Terms and Conditions for funeral and related services.
Confidential Information means all confidential, non-public or proprietary information exchanged between the parties before, on or after the date of this Agreement relating to the business, technology or other affairs of either party, but which excludes information already in the public domain, or which is acquired from a third party entitled to disclose it.
Customer means the consignee, consignor and/or the person at whose request or on whose behalf iFuneral provides the Services for.
Government Agency means a government or governmental department or other body, a governmental, semi-governmental or judicial person, or a person (whether autonomous or not) who is charged with the administration of a law.
GST Law has the same meaning as in the A new Tax System (Goods and Services Tax) Act 1999 (Cth)
Invoice means a tax invoice issued under the GST Law.
Responsible Persons means the Customer and anyone enjoying the benefit (whether directly or indirectly) of any part of the Services whether as servant, agent or principal.
Services mean the whole of the operations provided by iFuneral for the referral, customer, service provider including any and all computer systems used by iFuneral to provide the Services.
Subcontractor means any person and its servants or agents, who pursuant to a contract or arrangement with any other person (whether or not iFuneral) provides or agrees to provide the Services or any part of the Services.
Tariff means iFuneral’s stop tariff of charges as applicable from time to time.

APPLICATION

  1. iFuneral is not a licenced funeral service and accepts no liability as such. iFuneral reserves the right to agree to or to refuse to agreement with the Customer in its absolute discretion.
  2. All Services are provided by iFuneral subject only to the Terms and Conditions herein, the Terms and Conditions of service appended hereto, the applicable tariff and any Services Agreement.
  3. In the event of and to the extent of any inconsistency between these Terms and Conditions and the Conditions of Carriage, these Terms shall prevail.
  4. All rights, immunities, indemnities and limitations of liability in these Terms and Conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of this agreement or of these Conditions by iFuneral or any other person entitled to the benefit of such provisions.
  5. If any provision or any part of these Standard Terms and Conditions is unenforceable, such unenforceability shall not affect any other provision or any part of a provision.
  6. These Terms and Conditions are subject to any warranty implied by the Trade Practices Act 1974 (Cth) to the extent to which the Act is applicable to these Conditions and prevents the exclusion, restriction and modification of such warranty.
  7. These Terms and Conditions may not be amended, modified or supplemented except by a written instrument executed by persons duly authorised on behalf of iFuneral and the Customer.
  8. No waiver by any part of any default in the strict and literal performance of or compliance with any provision, condition or requirement herein will be deemed to be a waiver of strict and literal performance of and compliance with any other provision, condition or requirement in the future nor will any delay or omission of any party to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter or of any other right.
  9. Words importing the singular will be deemed to include the plural and vice versa:
  10. Words importing any gender will be deemed to include all other genders;
  11. Words importing persons will be deemed to include all bodies and associations corporate and unincorporated and vice versa;
  12. Any reference to a statute or statutory provision which amends, extends, consolidates or replaces same or which has been amended, extended, consolidated or replaced by same and any orders, regulations, instruments or other sub-ordinate legislation made there under.
  13. Terms and conditions are governed by the Laws of the State of Victoria and each party hereto submits to such jurisdiction or courts that have jurisdiction in Victoria and of all courts competent to hear appeals from those courts.
  14. Time is of the essence of these Terms and Conditions. The parties may in writing agree to vary any time requirement and any time requirement so varied will thereafter be of the essence.

CONFIDENTIALITY

Both the customer and iFuneral will each:

  1. Keep all marketing, commercial and technical information, data, records and material acquired from the other party strictly confidential.
  2. Not to disclose such information, data, records, and material (or permit its employees or agents to do so) except as may be necessary for the purposes of giving effect to these Terms and Conditions.

CUSTOMER’S WARRANTIES

The Customer warrants that:

  1. It is either the owner and/or authorized agent of the person or persons owning or having any interest in the Goods or services, enters into this Agreement on its own behalf and/or as authorized agent of that person or persons.
  2. It has been accurately and fully understand the services being provided, with all necessary instructions and information regarding actual services being agreed to by both parties remains independent of iFuneral.
  3. It has complied with the requirements of any applicable law relating to the nature, condition, packaging, handling, storage and professional standard of service to enable iFuneral to comply with such laws.
  4. You shall not enter or direct iFuneral customers to select any Dangerous or illegal Services.
  5. Other than a claim or allegation by the Customer against iFuneral, no claim or allegation shall be made by the Customer or any other person against any person (including iFuneral and a Subcontractor) who provided the Services or any part of the Services which imposes or attempts to impose any liability whatsoever and howsoever arising in connection with the provision of the Services and/or the Goods.
  6. The Customer shall, during the duration of the Agreement, not engage any of iFuneral’s competitors, sub-contractors or Contractors to provide the Services unless it first obtains iFuneral’s permission in writing.
  7. At the termination of an Agreement, the Customer shall, for a period of twelve months, not engage any of iFuneral’s competitors, sub-contractors or Contractors to provide the Services unless it first obtains iFuneral’s permission in writing.

CUSTOMER’S INDEMNITIES

  1. Irrespective of the negligence, breach of agreement or willful default of iFuneral or others, the Customer shall indemnify iFuneral in all circumstances arising out of the provision of the Services and/or in respect of the services for: (a) Any loss or damage incurred by, any claim or allegation made against, or for any claim for death of or bodily injury to a person made against iFuneral or others (other than by the Customer) resulting from or in any way connected with the provision of the Service; and (b) Breach by the Customer of any warranty in these Conditions or any applicable Services Agreement.

iFUNERAL PTY LTD RIGHTS

  1. iFuneral may withdraw the Services to the Customer if rates are based on an agreed minimum weekly average trading and the weekly trade does not meet the minimum agreed upon should such minimums be agreed to.
  2. iFuneral may provide the Services by any method that iFuneral in its absolute discretion deems fit notwithstanding any instructions of the Customer that the Services are to be supplied by another method.
  3. iFuneral may comply with any orders, directions or recommendations made by a Government Agency in relation to the Goods and/or the provision of the Services, without recourse by and at the risk and expense of the Customer.
  4. If the Customer fails to accept delivery of the service, iFuneral shall be entitled to take financial action and at the expense of the Customer.
  5. iFuneral shall dispose of Abandoned service at the expense of the Customer in any way it deems fit and without compensation to the Customer. The Customer shall be given 14 days written notice of iFuneral’s intention to dispose of the services.
  6. If, in the opinion of iFuneral’s, the services are liable to become Dangerous Goods, or if it is reasonably necessary to do so, iFuneral in its absolute discretion may refuse to provide Services, or may at any time communication appropriate action with the authorities.
  7. If, in the opinion of iFuneral, the services do not meet the requirements of all applicable laws relating to the services, or are unsuitable to be handled by iFuneral using the equipment and operating procedures normally employed by iFuneral in providing the Services, iFuneral, in its absolute discretion may:

(a) Refuse to provide the Services in respect of the service or any part of them; or

(b) Take whatever measures deemed necessary at the risk and expense of the Customer to cause the services to comply with the requirements of all such laws or to make the services suitable to be handled by iFuneral.

  1. If in the opinion of iFuneral, it is necessary and reasonable to do so, iFuneral may seek legal advice to ensure services meet professional and law standards.
  2. iFuneral may in its absolute discretion decline to provide a service until the identity of the person is established to the reasonable satisfaction of iFuneral.
  3. iFuneral may subcontract the Services (in whole or in part on any terms every exemption, limitation, condition, right, defense and immunity available to iFuneral shall be available and extend to protect a Subcontractor or any person who is or may be vicariously liable for the acts or omissions of iFuneral and iFuneral is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of a Subcontractor and/or any person who is or may be vicariously liable for the acts or omissions of iFuneral or a Subcontractor, each of whom shall be to this extent, be or be deemed to be parties to this agreement.

iFUNERAL PTY LTD’S LIABILITIES

  1. iFuneral accepts no responsibility for the accuracy of any part of any description of service related.
  2. Except as expressly provided otherwise herein, iFuneral shall not be responsible in tort, agreement, bailment or otherwise for any, or the consequences of any :

(a) Breach by the Customer of any warranty in these Conditions or any applicable Service Contract;

(b) Delay in providing or failure to provide the Services.

  1. The liability of iFuneral’s limited to supplying the Services again or to the payment of the cost of having the Services supplied again, subject to the loss or damage of the Goods exceeding AUD$200.00.
  2. Any claim for loss or damage from services must be notified in writing to iFuneral within 7 days of the date by which the service occurred on.
  3. In any event, iFuneral shall be discharged from all liability whatsoever whether in tort, agreement or bailment, unless suit is brought within 6 months of the  or when the Goods should have been delivered, or in the case of the provision of other services, 6 months from days of the date by which the service occurred on and the provision of the first service complained of.
  4. These Terms and Conditions and in particular and without limiting the generality the limitations and exclusions of iFuneral’s liability shall continue to apply and to operate fully in all circumstances notwithstanding any breach or alleged breach by iFuneral of any agreement and in particular and without limiting the generality notwithstanding the departure by iFuneral from the conditions of this agreement whether by deviation or otherwise, howsoever.

NO INSURANCE

iFuneral does not hold an Australian financial services license and, in accordance with the Corporations Act 2001 (Cth), shall not provide insurance for the Customer. The customer must deal direct with the service provider in respect of the Goods and/or the Services.

PAYMENT

  1. For all account customers, prepayment must be made without discount, deduction, counterclaim or set-off and regardless of any dispute between iFuneral and the Customer.
  2. Should the Customer default in any of its payments pursuant to clause 1 above, iFuneral reserve the right to turn the account off until cleared payment has been received.
  3. Interest shall be payable on any sum that remains unpaid after the due date for payment. Such interest shall be charged at the reserve bank of Australia Cash Rate Target from time to time plus 3% per annum shall be calculated daily and paid on demand. Unpaid interest will be compounded monthly.
  4. Every special instruction to the effect that charges shall be paid by a person other than the Customer shall be deemed to include a stipulation that if that person does not pay those charges within 7 days of the date set for payment, or if no date is set for payment within 7 days of delivery, then the Customer shall pay those charges within 7 days of being notified of that person’s failure to pay.
  5. The Customer indemnifies iFuneral against all costs and expenses (including legal costs and expenses on a full indemnity basis) incurred by iFuneral as a result of or in connection with any failure by the Customer to pay when due any amount payable to iFuneral. The customer must pay any amount due under this indemnity on demand.

CASHBACK

  1. For all 12 months subscriptions, customers must seek in writing any cashback offer requests.
  2. Following consideration of each request, iFuneral reserves the right to accept or reject customer cashback requests, based upon site traffic data, contribution of customers’ activities on each of their listings.  This includes but not limited to; listings being updated every 7 business days, positive feedback from end users and consecutive subscription payments.

FORCE MAJEURE

iFuneral shall be released from its obligations under this agreement and any delay or nonperformance excused to the extent that the delay or non-performance is caused or in any way contributed to by circumstances constituting force majeure. For the purposes of this clause, force majeure events include without limitation strikes, stoppages, “go slows” ad any other form of industrial disputation (including delays and backlogs resulting from industrial disputation); civil unrest, storms, floods and any other adverse climatic events, breakdown, malfunction, accident or stoppage of any vehicle, equipment or machinery and any other circumstances beyond the reasonable control of iFuneral, its employees, sub-contractors, servants and agents.

NOTICES

1.1 A notice given under this Agreement may be given –
1.1.2 By post. 1.1.3 By facsimile or 1.1.4 By delivery, to the party’s last known address, or 1.1.5 registered office, or 1.1.6 If to the Tenant, at the Premises.
1.2 Posted notices will be taken to have been received 72 hours after posting unless proved otherwise.
1.3 Notices delivered or sent by facsimile after 5.00p.m. will be taken to have
been received at 9.00a.m. on the next business day at the place where it is received.

GST

1.1 GST Definitions. For the purpose of this clause:
“GST” means GST within the meaning of the GST Act.
“GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (as amended). Expressions set out in italics in this clause bear the same meaning as those expressions in the GST Act.
1.2 Amounts otherwise payable do not include GST
Except where express provision is made to the contrary and subject to this clause, the consideration payable by any party under this Agreement represents the value of any taxable supply for which payment is to be made.
1.3 Liability to pay any GST. Subject to clause 1.4, if a party makes a taxable supply in connection with this Agreement for a consideration, which under clause 1.2 or clause 1.4 represents its value, then the party liable to pay for the taxable supply must also pay at the same time and in the same manner as the value is otherwise payable, the amount of any GST payable in respect of the taxable supply.
1.4 Tax invoice. A party’s right to payment under clause 1.3 is subject to a valid tax invoice
being delivered to the party liable to pay for the taxable supply.

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