Terms of use

The website www.exequias.com.au and associated digital or social media platforms (together, the Sites) and the products, materials and services (together, the Services) are owned and operated by Exequias Pty Ltd (ACN 625 590 267) (Exequias, we, us, our). The term you refers to any user of the Sites and/or our Services.

These Terms of Use, including any additional terms and conditions, rules, disclaimers and notices displayed on the Sites from time to time (together, Terms of Use) state how you may use our Services and Sites. It is important that you read and understand these Terms of Use.

By browsing, accessing or registering on the Sites you will be deemed to have accepted and agreed to be bound by the Terms of Use, as updated from time to time.

We prohibit the use of the Sites and any of its functionalities, features and content in any manner other than as expressly allowed by us in these Terms of Use.

If at any time you do not agree with the Terms of Use (or any changes to them), please do not continue to use the Services and do not use the Sites.

These Terms of Use do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.

1. Our services

The Sites and Services are designed to provide Premium Boutique Funeral Ceremony Services that offers specialised funeral ceremony services, wakes and keepsakes and E Wills.

We do not directly provide services associated with the handling or transporting of the body of deceased, or services related to crematorium, morgue or cemetery.

The information, content and material contained in or available through the Sites or Services (Information) is provided for general informational purposes only and does not cater to the circumstances or needs of individual users.

The Services we provide are generic and non-denominational, and do not take into account individual circumstances, physical wellbeing, mental status, medical, legal or financial status. The information provided through this Website or our Services is not intended to be comprehensive nor is a substitute for, or to be relied on as professional advice.

You agree that your use of the Services and Platforms (and reliance on any information contained therein) is at your own risk.

If you are under the age of 18, you should obtain your parent or guardians’ prior consent to use the Services and Sites.

Information provided through our Sites and Services.

All Information provided by us on the Sites is provided in good faith.

We derive our Information from sources that we believe to be accurate and up-to-date as at the date of publication. We may update any Information at any time but you acknowledge that the Information may not be the most current knowledge.

In addition, to the extent permitted by law, we do not make any representations or warranties that any Information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Sites or the Services.

To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any Information or material available on the Sites or through the Services.

Quality of the Sites.

We do not promise that the Sites and Services will be error-free or uninterrupted. The Sites and its content are delivered on an "as-is" and "as-available" basis. We cannot ensure that files you download from the Sites will be free of viruses or contamination or destructive features.

We cannot guarantee receipt of emails, or other Internet-based communications such as via Facebook or Twitter or other social media platforms. Slow internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the Sites.

2. General use and compliance

You agree to use the Services in a safe and responsible manner, in accordance with the Terms of Use and all other policies and notices that form part of these Terms of Use.

You agree to comply with all laws, rules and regulations applicable to your use of the Services, not to encourage or enable any other individual to infringe any laws rules or regulations.

At our request, you agree to do all things necessary and desirable, either to give effect to these Terms of Use or to help us comply with all regulatory directions and obligations.

You agree you must not interfere or disrupt the Services, the Sites or servers or networks connected to the Services or the Sites.

You agree you may not use the Services or Sites for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other conduct that infringes the rights of Exequias or others.

You agree not to engage in any activity that may result in injury, death, property damage, and/or liability of any kind.

In respect of such unlawful or prohibited activity, you acknowledge and agree you will not:

(a) post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;

(b) bypass (or attempt to bypass) any security mechanisms imposed by the Sites;

(c) harvest or collect email addresses, photographs or personal information of other users;

(d) impersonate any person or entity;

(e) post or transmit false or misleading material or make any form of misleading or deceptive representation;

(f) knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;

(g) exploit the Sites for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, "spam" or any other materials that are contrary to our commercial or lawful interests);

(h) provide access or links to any material (including links to peer to peer network "trackers") which may infringe the intellectual property rights of another person or entity;

(i) use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or Sites, or in any way reproduce or circumvent the structure or presentation of the Services or Sites, to obtain or attempt to obtain any materials or information through any means not purposely made available on or through the Services;

(j) manipulate identifiers in order to disguise the origin of any communication you send to or through Exequias or the Sites;

(k) pretend that you are, or that you represent someone else, or impersonate any other individual or entity;

(l) defame, stalk, bully, abuse, harass, threaten and intimidate people, or restrict another user in any way from the use and enjoyment of the Services or Sites;

(m) seek to trace any information of another user, including an account not owned by you, or exploit the Services or Sites in any way where the purpose is to reveal information;

(n) delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Sites;

(o) breach the security or authentication procedures of the Services or Sites, or any network connected to the Services or Site, in an attempt to gain unauthorised access to any part of the Services or Sitess by hacking, password “mining” or any other illegitimate means.

You may not use the Services or Sites, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to; incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any content or other information accessed or purchased through our Services, or any other communications provided by us for your own personal use, or in a manner not permitted by the Terms of Use.

You acknowledge that we may make changes to the Sites or the Services provided through the Sites. Access to the Sites depends on telecommunications and internet service providers and other external factors and we do not guarantee the availability of the Sites all times or at any specific times.

3. Maintenance

Exequias is responsible for the support and maintenance of its Services and Sites only. Exequias may at any time and without notice, modify, suspend or terminate the operation of, or access to the Services and/or the Sites, or any part of, for any reason, to interrupt the operation of the Services, or any part of, as necessary to perform maintenance, error correction or other changes.

4. User-generation information and content

Information.

You agree and acknowledge that all information you provide to Exequias and/or Exequias will be true, accurate, current and complete. You agree you are responsible for all information that you submit to Us and you acknowledge that Exequias may, at its discretion, suspend or terminate access to the Services or Sites in its absolute discretion.

Content.

The Sites may allow you to post information, photos, content, user submissions and/or upload materials, (including video content) to the Sites (including features such as live chat and forums) from time to time, whether through external websites or otherwise (User-Generated Content) and may also allow you to see User-Generated Content submitted by other persons.

You agree you are responsible for your conduct and User-Generated Content, which includes but is not limited to, any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Services, or in any way connected with the Services or Sites.

You agree you may not use the Services to use, submit, post or display any content that (i) you do not have permission, right or license to use; (ii) is objectionable, offensive, unlawful, deceptive or harmful; (iii) is personal, private or confidential information belonging to others; (iv) requests or displays personal information from a minor; (v) impersonates or misrepresent your affiliation with another person, or entity; (vi) is transmit spam, including but not limited to unsolicited or unauthorised advertising, promotional materials, or informational announcements; (vii) plan or engage in any illegal, fraudulent, or manipulative activity.

Under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years.

By posting, submitting, updating, modifying, transmitting or otherwise making available any User-Generated Content;

(a) you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User-Generated Content to the Sites;

(b) you grant to us a royalty-free, non-exclusive, irrevocable, perpetual, transferable, non-sub-licensable and world-wide licence of the intellectual property rights in the User-Generated Content to use, modify, copy, cache, store, archive, sub-licence, distribute, reproduce, adapt, transmit, create derivative works, publish and/or broadcast, exhibit, synchronise, edit, adapt, publicly perform, communicate and publicly display in any manner and by any means which we may determine;

(c) your User-Generated Content, and the licence that you grant to us under paragraph (b), do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Sites in breach of this paragraph; and

(d) to the full extent permitted by law, you consent to us (and all persons authorised by us) doing anything in relation to your User-Generated Content which would otherwise constitute an infringement of your moral rights that you may have in the User-Generated Content. To the extent that a waiver (rather than consent) is required in any jurisdiction, then you waive any moral rights you may have.

We have the right, but not the obligation, to monitor and review User-Generated Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content for any reason (or for no reason at all).

Notwithstanding our right to monitor, review and edit any User-Generated Content, we are not obliged to do so. We accept no responsibility or liability for any User-Generated Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User-Generated Content of any other User, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User-Generated Content.

You acknowledge that other users may use, view and download your User-Generated Content. We are not responsible for how other users will use your User-Generated Content. You should take care before posting anything sensitive or personal about yourself to any part of the Sites that is accessible to the public or other users of the Sites.

Some User-Generated Content may refer to events or activities that are organised by other users of the Sites. We are not responsible for organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk.

If you believe that your rights have been infringed by any other User Content, or wish to report any User-Generated Content that does not comply with these terms, please contact our administrator at funerals@exequias.com.au.

5. Grant of licences

By us to you.

The Services are the property of Exequias and its licensors, and are licensed, not sold to you under this Agreement.

Subject to these Terms of Use, Exequias grants you a personal, limited, non-exclusive, revocable, non-transferable, non-sub-licensable license to view, print, download and install a copy of the Services made available to you solely for your own personal, non-commercial purposes.

You agree you may not (i) copy, modify, or create derivative works based on the Services (ii) distribute, transfer, sublicense, lease, lend, or rent the Services to any third party; (iii) modify, decompile, or disassemble the Services.

By you to us.

As set out at in these Terms of Use, making any User-Generated Content available through or in connection with the Services, you grant to Exequias a royalty-free, non-exclusive, perpetual, irrevocable, transferable, non-sub-licensable and worldwide licence to use, copy, cache, store, archive, reproduce, record, modify, publicly display, publicly perform, publish, republish promote, exhibit, distribute, transmit, broadcast, synchronise, edit, adapt, sublicense, create derivative works based upon your User Content in connection with operating and providing the Services and the advertising, marketing and promotion thereof, unless in cases where it is otherwise expressly stated.

You acknowledge and agree that you are responsible for all your User-Generated Content and that you have read and understand the provisions relating to how we share and use your content in our Privacy Policy.

6. Third party links and external services

Exequias may enable access to third-party links or content (External Services) however to the extent you choose to use such External Services you agree Exequias does not guarantee the accuracy, integrity or quality of third party External Services, and shall not be liable for any third party External Services.

Exequias will not be responsible for any purchases you make though third party External Services, or for their terms and conditions or legal policies, including their Privacy Policy.

You agree that Exequias shall not be responsible or liable for any loss, damage, refunds, expenses, claims or other matters of any sort that are incurred as the result of such dealings with External Services.

We do not accept responsibility for any loss, liability or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from External Services including the acts, omissions and conduct of any third-party users of the Sites, other members, other contributors to the Sites, and advertisers or sponsors.

We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Sites (including User-Generated Content of other users of the Sites referred to below).

Where the information made available over the Sites contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

7. Privacy

The use of our Services is subject to our Privacy Policy, which forms part of these Terms of Use.

8. Security of information

While we will take precautions to ensure the Sites are secure, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by using the Sites or Services and any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

9. Intellectual property

You acknowledge and agree that the Services and the Sites contain information and material that is owned by Exequias and is protected by all Intellectual Property and Copyright Laws recognised throughout the world (including the Copyright Act 1968 (Cth)), whether existing under statute, at Common Law or in equity, now or hereafter in force.

Specifically, all digital products, e-books, PDF downloads, resource material, videos and online content are subject to copyright protection. You are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) you purchased to any third party or person. In some cases, Exequias may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital products to ensure additional safety.

Except as permitted by the Copyright Act 1968 (Cth), no part of the Sites (including any Material posted on the Site) may be reproduced, copied, published, framed, or transmitted in any form or by any means without our prior written consent. Request for consent should be directed to us by emailing us at funerals@exequias.com.au No part of the Services may be used, reproduced or exploited in any form or by any means, except as expressly permitted by these Terms of Use.

You acknowledge and agree to respect the Intellectual Property Rights of others, including but not limited to Exequias’s users, licensors, External Service providers and third parties, by not using, reproducing or exploiting any Content or User Content that infringes their Intellectual Property Rights recognised throughout the world, whether existing under statute, at Common Law or in equity, now or hereafter in force.

These Terms of Use do not transfer any Intellectual Property Rights from Exequias to you or any third parties. If you infringe the Intellectual Property Rights of Exequias or any other third party, Exequias has the right to deny access to or terminate your use of the Services or Sites.

You are granted no right or license with respect to Exequias’s trademarks, service marks, graphics, and logos used in connection with the Services and Sites.

All names, logos and trademarks on the Sites are the property of their respective owners. Nothing on the Sites should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

As specified in clause 5 of these Terms of Use, we grant you a personal, limited, revocable, non-exclusive, non-sub-licensable and non-transferable licence to access, view, listen to and use the Services, Sites and their content solely for your personal, non-commercial purposes and only for those purposes.

Otherwise, to the extent allowed by law, no part of the Sites may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

We may, from time to time, monitor your use of the Sites to determine if you are in breach of these Terms of Use.

10. Termination

Exequias in its sole and absolute discretion, may suspend or terminate your access and/or future access to the Services, effective immediately, with no liability to you or any third party for the following reasons:

(a) where you are in breach of any of the Terms of Use or any related policies;

(b) where at any time you have committed any act of wilful or serious misconduct;

(c) if you fail to pay any fees, payments or expenses properly payable to us for our Services;

(d) where you have created an unacceptable risk or possible exposure for Exequias;

(e) where there are unexpected technical issues or problems;

(f) at the request of a law enforcement or government authority; or

(g) upon a request by you.

Clause  7, 8, 9, 11, 12 and this clause 10 will survive Termination of our Agreement and these Terms of Use.

11. Warranties and liability

Certain legislation, including the Australian Competition and Consumer Act 2010 (cth), may limit the ability to exclude liability or may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent.

These terms must in all cases be read subject to these statutory provisions. If Exequias is liable to you under the Australian Competition and Consumer Act 2010 (cth) or similar legislation, to the extent to which Exequias is entitled to do so, Exequias limits her liability in respect of any claim under those provisions to: in the case of any goods, at Exequias’s option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at Exequias’s option: the supplying of the services again; or the payment of the cost of having the services supplied again.

Exequias does not guarantee, represent, or warrant that your use of the services will be uninterrupted or error-free, and you agree that from time to time Exequias may remove the services for indefinite periods of time, cancel the services at any time, or otherwise limit or disable your access to the services without notice to you, where reasonably necessary to protect Exequias’s legitimate interests.

You expressly agree that your use of, or inability to use, the services is at your sole risk. The services and all content delivered to you through the services are (except as expressly stated by Exequias) provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. In addition, under the Australian consumer law, there are certain consumer guarantees that cannot be excluded, including guarantees as to merchantability, fitness for purpose, supply by description, repairs and title.

In no case shall exequias, her officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, exemplary or consequential damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect) arising from your use of any of the services or sites or linked websites or for any other claim related in any way to your use of the services, sites and/or content (and reliance on any information contained on the sites or through the services) including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services, even if advised of their possibility.

Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages in such countries, states or jurisdictions, Exequias’s liability shall be limited to the extent such limitation is permitted by law.

Exequias shall use reasonable efforts to protect information submitted by you in connection with the services, but you agree that your submission of such information is at your sole risk, and you hereby release Exequias from any and all liability to you for any loss or liability relating to such information in any way.

Exequias does not represent or guarantee that the services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release Exequias from any liability relating thereto. You shall be responsible for backing up your own system, including any content acquired or rented through the services. Exequias is not responsible for data charges you may incur for downloading or streaming over a data connection.

Total liability.

To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued. The limitation of liability set out in these terms of use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

12. Waivers and indemnity

By using the services, you agree, to the extent permitted by law, to indemnify and hold Exequias, her officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims, losses, expenses, costs or damage suffered by us, arising out of your breach of this agreement, your misuse of the services, or, to the extent permitted by law, any action taken by Exequias as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred.

To the extent permitted by law, you agree that you shall not sue or recover any damages from Exequias, its officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the services, or to take any other action during the investigation of a suspected violation or as a result of Exequias’s reasonable conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

13. Governing jurisdiction

The laws of New South Wales, Australia govern this agreement between you and Exequias and these Terms of Use. You agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, or other such competent courts, to resolve any dispute or claim arising from the Agreement between the parties or these Terms of Use.

14. Miscellaneous

Should any provision of these Terms of Use be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.

These Terms of Use bind and inure to the benefit of the parties’ successors and assigns. These Terms of Use are not assignable; any transfer, assignment or delegation by you is invalid.

These Terms of Use constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof.

No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.

The headings of these Terms of Use are provided for convenience only and shall not affect its construction or interpretation.

We reserve the right to change these Terms of Use or to impose new conditions on use of the Sites or Services, from time to time, in which case we will post the revised Terms of Use on the Sites. By continuing to use the Sites after we post any such changes means you accept the new Terms of Use with the modifications

FOR ENQUIRIES, CONTACT US AT: funerals@exequias.com.au