TERMS AND CONDITIONS

Thank you for visiting Sydney Coffins – an online retailer of memorial products owned and operated by Medve Pty Ltd (ABN 94 610 054 021) (Sydney Coffins, we, us, or our). We have detailed some general Terms and Conditions that govern your access and use of our website www.sydneycoffins.com.au (Website). These Terms and Conditions, which include our Privacy Policy available at https://www.sydneycoffins.com.au/privacy-policy/ and Sale of Goods Agreement located at https://www.sydneycoffins.com.au/sale-of-goods-agreement/ , are collectively referred to as the Terms of Use and form a legally binding contract between you and us. All usage of this Website, and the goods provided through the Website (Goods) are subject to these Terms of Use.

IF YOU DO NOT AGREE WITH ANY PART OR WHOLE OF THESE TERMS OF USE, YOU MUST NOT ACCESS, BROWSE, USE, MAKE A PURCHASE OR OTHERWISE PARTICIPATE IN ANY PART OR WHOLE OF THE WEBSITE.

We may update the Terms of Use from time to time at our sole discretion. We will post a notice of changes to the Terms of Use, which are available for your reference via the link at the bottom of this Website. However, we are under no obligation to provide you with individual notice of such changes. As such, we recommend that you regularly check the Terms of Use for updates. Your continued use of the Website after such changes will signify your acceptance of the revised Terms, unless we are otherwise obliged by law to seek your direct consent to such changes. If you do not agree with any of the amended Terms of Use then please do not continue to access or use our Website.

1. ELIGIBILITY
1.1 By using the Website, you let us know that you:
a) agree and accept the Terms of Use;
b) agree and warrant to use the Website in accordance with our Terms of Use;
c) agree and accept any other policies that we may publish from time to time;
d) have honestly declared that you are at least 18 years of age and possess the legal right and ability to enter into a legally binding agreement with us and are not prohibited from doing so under any applicable laws, rules and regulations.
1.2 If you are not 18 years or older you must not use the Website without your parent or guardian’s express consent. By using the Website, we will take that to mean that your parent or guardian has agreed to these Terms of Use and agrees to be bound by these Terms of Use on your behalf as well.
1.3 If you are under age 13, you may not, under any circumstances, or for any reason, use the Website.
1.4 We may, in our sole discretion, refuse to offer access to the Website to any person or entity and change the eligibility criteria for access to the Website at any time.

2. USE OF WEBSITE
2.1. We grant you a non-exclusive, worldwide, revocable, non-transferable licence to use the Website in accordance with these Terms of Use.
2.2. We may alter or amend any aspect or part of the Website at any time in our sole discretion without prior notice or liability to you. Notwithstanding the foregoing, you acknowledge that we are not liable for any loss or damage whatsoever, howsoever caused, resulting from any action taken or reliance made by you on any information or material on the Website.
2.3. For the avoidance of doubt, we do not guarantee the accuracy, completeness, or timeliness of any information provided via the Website.
2.4. The Website will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes). We reserve the right to cease the operation of the Website, or any part thereof, at any time without prior notice or liability to you.
2.5. We may modify or discontinue all or any portion of the Website or any function made available thereby without prior notice to you.
2.6. The Website, and all related computer systems, procedures, and databases created, operated, maintained or accessed by us in connection with supplying the Goods, contain proprietary and confidential information of substantial economic value to us. You shall not make any unauthorised use, misuse, or disclosure of such information.
2.7. You acknowledge and agree that we own or license all legal rights, title and interest in and to the Website, including any and all current and future intellectual property rights that subsist in the Website (whether those rights happen to be registered or not, and wherever in the world those rights may exist), including such rights with respect to any content, name, trade mark or logo that we may develop for, or use in connection with, the Website. Nothing in these Terms of Use gives, or is intended to transfer to or give, you or any other person any claim of ownership or any other rights in such intellectual property.
2.8. In using the Website you promise us that you will comply with all laws, statutes, and regulations. You agree that we may, in our discretion and without notice or liability to you, terminate or suspend your use or access to the Website and any software or applications associated with the Website if at any time, we believe in good faith that:
a) You have directly or indirectly violated any of the Terms of Use or any other policies or guidelines which you are bound by, including the Privacy Policy and Sale of Goods Agreement;
b) You have behaved in a way which is illegal, fraudulent, harassing or abusive through your use of the Website;
c) You have behaved in a way which may be harmful to other users of the Website, third parties, or any of our affiliates; or
d) You have otherwise behaved in a way which we reasonably determine to be inappropriate or unacceptable.

3. SALE OF GOODS
3.1 Our Sale of Goods Agreement https://www.sydneycoffins.com.au/sale-of-goods-agreement/ is incorporated by reference into these Terms of Use. The Sale of Goods Agreement applies to all orders placed on the Website. If you do not agree with, or are not authorised to accept, or choose not to accept the Sale of Goods Agreement, you are not authorised by Sydney Coffins to place any orders on the Website.

OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE LAW. NOTHING IN THESE TERMS OF USE PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS UNDER ANY CONSUMER LAW. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY CONSUMER LAWS OR REGULATIONS ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.


4. PERSONAL INFORMATION

4.1 We collect personal information about you in order to process transactions on our Website, and for purposes otherwise set out in our Privacy Policy https://www.sydneycoffins.com.au/privacy-policy/ . Our Privacy Policy explains:
a) how we store and use, and how you may access and correct your personal information;
b) how you can lodge a complaint regarding the handling of your personal information; and
c) how we will handle any complaint.
4.2 By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy https://www.sydneycoffins.com.au/privacy-policy/ and these Terms and Conditions.
4.3 If you would like any further information about our Privacy Policy, please contact us at [email protected]


5. SECURITY AND SAFETY

5.1. Unless you have obtained our prior written permission, you may not, nor permit or procure any other person to, do any of the following:
a) copy, reproduce, republish, upload, post, transmit, or distribute in any way, material or content from this Website in any manner inconsistent with the purposes for which it is offered by Sydney Coffins to its customers;
b) use, promote, or otherwise encourage the use of this Website or any content for any illegal or unauthorised purpose;
c) infringe or violate the rights of third parties, including copyrights, trade marks, patents, rights of privacy, or any other proprietary or contractual right;
d) directly or indirectly transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation or unauthorised communication;
e) copy, modify, or display any trade marks, logos, or any text, graphic images, or other content from this Website;
f) use devices (including software) that are designed to provide repeated automated access to this Website or probe, scan, or test the vulnerability of any system or network related in any way to this Website;
g) use, share, upload, create, transmit or deal in any way with material that contains “viruses”, “Trojan horses”, “copybots”, “worms”, “spyware”, “time bombs”, “cancelbots” or any other computer programs or codes that are intended to damage, interrupt, destroy, detrimentally interfere with or limit the functionality of any computer system, computer software or hardware, data, personal information or telecommunications equipment or other such device;
h) with the exception of web browser software or other applications approved by us, use any software, program, application or any other device to access or log on to the Website, including our computer systems, or to automate the process of obtaining, downloading, transferring or transmitting any content from the Website, including our computer system;
i) include any trade mark, logo, the name of any of our personnel, or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any person and/or website and this Website;
j) obtain or attempt to obtain personal information or data about the customers of this Website;
k) use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, offensive, or sexually explicit; or
l) create a link from a website to any page of this Website unless the user or the operator of the other website has executed our then standard agreement for the granting of permission to establish such a link.

6. SITE MONITORING
6.1 While we may monitor any use of this Website, we are under no obligation to do so and assume no responsibility or liability arising from our doing so or omission to do so.
6.2 We may monitor your use of this Website to evaluate the quality of service you receive, your compliance with these Terms of Use, the security of this Website, or for other lawful reasons.
6.3 You hereby waive and release us from any cause of action or other right with respect to us concerning any monitoring activities so undertaken.

7. MOBILE AND OTHER DEVICES
7.1 Please be aware that when you access or use the Website on your mobile or other personal device, your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.

8. DISCLAIMERS
8.1 The Website is provided “as is”, without any warranty of any kind. The materials on this site and any materials made available on this site are provided in the state received by us and without warranties of any kind, either express, implied or statutory. Sydney Coffins expressly disclaims all warranties to the maximum extent allowed by law.
8.2 Sydney Coffins does not warrant or make any representations regarding the content or use of this Website in terms of their completeness, accuracy, reliability, timeliness or otherwise. You acknowledge that the content on this site could include false or irrelevant information, technical inaccuracies, and/or typographical errors.
8.3 Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, links to other sites on the World Wide Web are not under the control of Sydney Coffins and Sydney Coffins is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites.
8.4 Sydney Coffins is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Website or a third-party linked website. You must take your own precautions to ensure that whatever you select for your use of our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
8.5 Sydney Coffins makes no warranty that:
a) the operation of the Website will meet the customer’s requirements or expectations;
b) access to the Website will be uninterrupted, timely, secure, free of unauthorised code or other harmful components, or free of error or malfunction;
c) the results that may be obtained from the use of the Website will be accurate or reliable; or
d) errors or defects will be corrected and/or corrected within a specified period of time.

9. LIMITATION OF LIABILITY
9.1 To the maximum extent permitted by law, Sydney Coffins and its affiliates, authorised representatives, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners, licensees and licensors (collectively, the Related Parties) disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further exclude liability for all losses, including without limitation direct, indirect, incidental, consequential, exemplary, punitive or special damages (including damages for loss of profits, revenue, income, goodwill, use, data, time or other intangible losses) arising out of or in any way connected with access to or use of the Website, even if Sydney Coffins and/or Related Parties have been advised of the possibility of such damages.
9.2 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Sydney Coffins shall be limited to the fullest extent permitted by law.

10. INDEMNIFICATION
10.1. You agree to indemnify, defend, and hold harmless Sydney Coffins and any and all affiliates or authorised representatives of Sydney Coffins, at your expense, against any and all claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, demands, losses, costs or expenses (including reasonable solicitors fees and costs and other dispute resolution expenses) incurred by us and our Related parties arising out of, or relating to, (i) your access or use of the Website, (ii) your violation of these Terms of Use, or (iii) your violation of any other person’s rights hereunder, including violation of any intellectual property or privacy right.
10.2. Sydney Coffins may, at its own expense, participate in any matters, claims or proceedings which are subject to indemnification by you, and you shall not settle any such matter, claim, or proceeding in a manner prejudicial to the rights of Sydney Coffins without the written consent of Sydney Coffins, which shall not be unreasonably withheld.

11. MISCELLANEOUS
11.1 Your use of the Website and these Terms of Use is governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts of New South Wales.
11.2 We may transfer, assign, novate or otherwise deal with any part or whole of the Website without notification to you.
11.3 If any provision(s) of these Terms of Use are found to be unenforceable, then that provision or provisions will be severed from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.
11.4 These terms and conditions, together with the Privacy Policy and Sale of Goods Agreement, make up the entire agreement between you and us, and supersede any prior agreements or representations made.