1. About this Agreement
By accessing or using www.kempscreekcemetery.com.au (Website) you agree to be bound by these terms and conditions (Agreement).
In this Agreement, “you” and “your” refers to user of the Website. “We”, “us” and “our” refers to Catholic Metropolitan Cemeteries Trust (ABN 85 744 325 709). “Service” refers to the services and information provided by us through the Website.
Please read this Agreement carefully before accessing or using the Website or our Service. By accessing or using the Website or Service, you agree to be bound by the terms and conditions of this Agreement.
2. Conditions of Use
It is a condition of you using this Website or Service that you do not:
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy;
- falsely represent to others that you or your association is affiliated or associated with us, the Website or the Service;
- use, adapt, translate, disassemble, reproduce, sell, resell or otherwise exploit the information made available or published on the Website for without our written consent; or
- access or attempt to access information resources you are not authorised to use.
You agree to indemnify, defend and hold us and our employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including legal fees and court costs, that arise directly or indirectly from:
- your breach of this Agreement; or
- your activities in connection with the Website.
4. No Warranties
You understand and agree that:
- the Website and Service are provided on an “AS IS” and “AS AVAILABLE” basis and without warranties of any kind, expressed or implied;
- we make no warranty that the Website or Service will meet your requirements, be uninterrupted, timely, or error-free;
- whilst care has been taken in assembling information for inclusion on the Website, we make no warranty as to the accuracy of information on the Website;
- any material downloaded from or accessed on the Website is done at your own risk and you are solely responsible for any damage to your computer system or loss of data as a result; and
- no advice or information obtained by you from or through us or the Website shall create any warranty.
5. Limitation of Liability
You understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, data or other intangible losses resulting from:
- the use or the inability to use the Website;
- the unauthorised access to or alterations of your transmissions or data;
- activities resulting from the loss or misuse the Website;
- statements or conduct of any third party on the Website; or
- any other matter relating to the Website or Service.
Before relying on the information or material on this Website, users should carefully make their own evaluation of its accuracy, currency, completeness and relevance for their own purposes. Professional advice should be sought that is relevant to your particular circumstances.
In some cases, material on the Website may incorporate or summarise opinions and/or recommendations of third parties. This material has been assembled in good faith, but does not necessarily reflect our considered views or indicate our commitment to any particular course of action.
We are not liable for interference with or damage to your computer system(s) in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for use from this Website is free from viruses or anything else that may interfere with or damage the operations of your computer systems.
All material on this website is copyrighted. Permission is granted to you for viewing, downloading, printing and reproduction of material on this Website for personal and non-commercial purposes. Apart from any use permitted under the Copyright Act 1968, all other rights are reserved. Individuals or organisations wishing to publish or reproduce any materials for commercial, educational or other uses are requested to contact us for further information.
The Website may contain material in which third parties own the copyright. Copying such material may infringe the rights of others.
8. Intellectual Property
“Catholic Metropolitan Cemeteries Trust” and “Macarthur Memorial Park” are our intellectual property and any unauthorised use is prohibited. Other product and company names mentioned on this Website may be the intellectual property of other people or entities.
9. Changes to this Agreement
We may modify this Agreement at any time, and such modifications shall be effective immediately upon the modified Agreement being publicly available on the Website. The Agreement is considered renewed every time such changes occur and your continued access or use of the Website and Service shall be deemed your conclusive acceptance of the modified Agreement.
10. How Current is this Agreement?
This Agreement was last updated in September 2013.