Bare Wills TERMS AND CONDITIONS

Thank you for visiting our website. This website is owned and operated by BARE FUNERAL GROUP PTY LTD (ABN 57 635 013 286), trading as Bare Cremation. By accessing and/or using this website and related services, including our Will creation platform, you agree to these Terms and Conditions, which include our Privacy Policy (available at www.barecremation.com.au/privacy-policy) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ means Bare Cremation and our related bodies corporate.

IMPORTANT: WE ARE NOT A LAW FIRM AND DO NOT PROVIDE LEGAL ADVICE. WE PROVIDE AN ONLINE DOCUMENT CREATION PLATFORM. NOTHING ON OUR WEBSITE IS LEGAL ADVICE AND YOU CANNOT RELY ON ANY OF THE INFORMATION PROVIDED ON THE WEBSITE OR FROM ANOTHER SOURCE (INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES OR ANY OTHER OF OUR REPRESENTATIVES) AS LEGAL ADVICE. 

YOU SHOULD ALWAYS CONSULT AN INDEPENDENT LEGAL PRACTITIONER IF YOU NEED ADVICE ON YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU ARE UNSURE IF OUR SERVICES ARE RIGHT FOR YOU, PLEASE SEEK INDEPENDENT LEGAL ADVICE.

1. Collection Notice

We collect personal information about you in order to respond to your enquiry, provide you with the Will you have created, and for purposes otherwise set out in our Privacy Policy. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at hello@barecremation.com.au. 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 and these Terms.

2. Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.We are not liable to you or anyone else if interference with or damage to your computer systems occurs 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 your use from 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.We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

3. Linked sites

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, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

4. Intellectual Property

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content). Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

5. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

a)any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;

b)misusing this website, for example by interfering with the website or trying to access the website using a method other than the interface and the instructions we have provided;

c)using this website to defame or libel us, our employees or other individuals;

d)uploading files that contain viruses that may cause damage to our property or the property of other individuals;

e)posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

6. Warranties and disclaimers

To the maximum extent permitted by law, the company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether Express or implied, statutory or otherwise) in relation to this site and any products and/or services purchased or obtained through this site, including any implied warranty/guarantee of merchantability, fitness for a particular purpose or non-infringement.

Our website and Will is provided strictly on an “as is” basis. To the maximum extent permitted by law, BARE FUNERAL GROUP PTY LTD and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:

• the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

• this Site will meet your requirements or expectations;

• anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;

• the quality of any products, services, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;

• errors or defects will be corrected;

• this Site or the servers that make it available are free of viruses or other harmful components; or

• the Will you create using this Site will be: (i) enforceable under a court of competent jurisdiction; or (ii) will not be challenged by your Estate or any Beneficiary of your Estate.

Nothing in this clause affects your statutory rights as a consumer.

 

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

7. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website, the Will you purchase, and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

To the maximum extent permitted by law, our officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the amount you have paid for your Will.

You agree that your use of this site is at your own discretion and risk. You agree to release us and our officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this site by you or any other person. We may plead this release as a bar and complete defence to any claims or proceedings.

AS PART OF USING OUR SERVICE, INCLUDING RECEIVING ANY DOCUMENTATION, CORRESPONDENCE, NOTIFICATIONS OR INFORMATION, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE NOT OBTAINED ANY LEGAL ADVICE FROM US AND WE BEAR NO LIABILITY FOR ANY INFORMATION OR DOCUMENTATION PROVIDED, INCLUDING THE ENFORCEABILITY OF YOUR WILL. 

8. Assignment

You may not assign your rights or delegate your duties under these Terms or any additional terms without our prior written consent.

9. Waivers

The failure of us or any third party to enforce any provision hereof shall not constitute or be construed as a waiver of any such provision or of the right to enforce it at a later time.

10. Entire Agreement

These Terms constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.

If you wish to notify us about anything relating to this agreement, please contact us at wills@barecremation.com.au

We reserve the right to change these Terms from time to time. We will change these terms and conditions at any time by posting the updated Terms on our Website. It is your responsibility to be aware of any changes to these Terms.

11. Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria., I

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