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.
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 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.
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 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 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.
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
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.
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 firstname.lastname@example.org.
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.
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.
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.
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.
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.
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.
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.
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.
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:
(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.
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.
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
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.
FOR ENQUIRIES, CONTACT US AT: email@example.com