Marketplace Terms and Conditions

Your Departed is available at http://yourdeparted.com. The Site is owned by Legacy Guild Pty Ltd (ACN 616 548 540) as trustee for the Legacy Guild Trust trading as Your Departed (ABN 37 474 905 146) (referred to as Your Departed, We, Us or Our). Our aim is to help you find the products and services you need, to help you farewell your loved ones. We know that finding the right suppliers and the right people in a difficult time can make all the difference. We hope you can use our Site to connect with caring suppliers and businesses in your local area. If you have comments or suggestions; we welcome them. We are always searching to improve your experience and better serve our community. The Terms and Conditions below help us make sure that you have a good experience and help us maintain the quality of our Site. If you have any questions, please do not hesitate to get in touch.

1. Agreement

(a) These Terms and Conditions (Terms) form a binding legal agreement between Us and each person, organisation or entity accessing, viewing or using the Site or Services, including Service Seekers and Suppliers (You or Your). By accessing or using the Site or Services, You agree to comply with, and be legally bound by, these Terms. You will also be asked to click “I Agree” when registering for an account with Us. Please read these Terms carefully. As above, if You have any questions, please contact Us using the contact details at the end of these Terms.

(b) Your access and use of the Site and the Services indicates that You:

(i) have had sufficient opportunity to access these Terms;

(ii) have read, accepted and will comply with these Terms;

(iii) have legal capacity to be bound by these Terms;

(iv) are 18 years or older; and

(v) (for Suppliers) You are lawfully permitted to advertise and/or supply goods and services in the jurisdiction in which You intend to supply the goods or services. If this is not correct, or if You do not agree to these Terms, You are not permitted to use any of the Services.

(c) We may amend these Terms from time to time with immediate effect upon giving You notice of the varied Terms via the Site. Use of the Site or Services following any such amendments will be deemed to be confirmation that You accept those amendments. If You have reasonable grounds to believe that the varied Terms will be detrimental to Your rights, You may terminate Your account created under these Terms without penalty upon receiving the notice of varied Terms. We recommend that You check the current Terms before continuing to use the Site or Services.

(d) These Terms supplement and incorporate Our policies and terms and conditions, including, without limitation, Our Website Terms of Use and Privacy Policy posted on the Site.

(e) Our Privacy Policy and Website Terms of Use set out how We collect, use and protect Your personal information.

2. Site Summary – Introductory Service and Directory

You acknowledge and agree that:

(a) Our Site connects those who require assistance in farewelling their loved ones (Service Seekers or a Service Seeker) with those who can supply the goods and services sought by Service Seekers (Suppliers or a Supplier).

(b) The Site and Services provide an introductory service and directory for Suppliers and Service Seekers looking to acquire the products and services needed to farewell a loved one. In addition to providing an introductory service and directory, We offer a limited number of services including floral arrangements, a grave finding service, invitation and organisation service and a memorialisation service. Our services, including providing the introductory platform and directory are collectively referred to as the Services.

(c) After creating an account on the Site, Suppliers are able to advertise goods and services on the Site, be listed on Our directory and be contactable by Service Seekers. Service Seekers are able to browse advertisements and Our directories on the Site (without needing to set up an account), and may contact Suppliers directly to purchase goods or services using the information provided in the Supplier’s advertisement.

(d) After creating an account on the Site, Service Seekers may also use the Site to help coordinate a funeral, wake or other commemoration or memorialisation of a loved one, including but not limited to creating calendar invitations or sending and/or receiving notifications.

(e) We provide an online introductory platform, directory and a limited number of other services. Our responsibilities are limited to facilitating the user functionality availability of the Site and Services and providing our floral arrangement service, grave finding service, invitation and organisation service and memorialisation service. We are not an employment agency or labour hire business, nor do we supply or sell goods or services, other than the Services outlined above. By accessing or using the Site, You acknowledge that Suppliers are not Our employees, contractors or agents.

(f) We are not a party to any agreement entered into between a Supplier and a Service Seeker. have no control over the conduct of Service Seekers, Suppliers or any other users of the Site and the Services. We disclaim all liability in this regard, as set out in these Terms.

(g) Any arrangement between a Supplier and a Service Seeker is solely between the Supplier and Service Seeker. It is strictly and expressly not part of Your agreement with Us.

(h) To the maximum extent permitted by law, We accept no liability for any aspect of the Service Seekers’ and Suppliers’ interaction with one another including, but not limited to, the description of goods and services offered, the performance of services, and the delivery of goods or services. We will not, and are not obliged to, assist or involve Ourselves in any way in any dispute between a Service Seeker and Supplier.

(i) All information related to the supply of the Supplier’s goods and services is supplied by Suppliers. We do not have any ability or responsibility to review, approve or verify any information provided by Suppliers prior to publication on the Site.

(j) We have no responsibility and make no warranty as to the truth or accuracy of any aspect of any information provided by You including, but not limited to, the ability of Suppliers to supply the goods and services, or the honesty or accuracy of any information provided by You, or the ability of Service Seekers to pay for the Supplier’s goods and services.

3. Online Registration

You acknowledge and agree that:

(a) You may browse and view the Site as an unregistered user of the Site. A Supplier must register on the Site and create an account to access some Services and features on the Site.

(b) Basic information is required when registering on the Site for an account. Each Supplier is required to provide certain information including name, email address, telephone number and location and select a username and password.

(c) You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate Your account and access to the Site and Services if any information provided to Us proves to be inaccurate, not current, incomplete or otherwise does not comply with these Terms.

(d) It is Your responsibility to keep Your account details, username and password confidential. You are liable for all activity on Your account, including any purchases made using Your account details. You agree that you will not disclose Your password to any third party and that You will take sole responsibility for any activities or actions under Your account, whether or not You have authorised such activities or actions.

(e) You will immediately notify Us of any unauthorised use of Your account.

(f) At our absolute discretion, We may refuse to allow any person to register or create an account.

4. Profiles

You acknowledge and agree that:

(a) Suppliers who have created an account may be permitted to create profiles. The Supplier’s profile for its use of the Site is created from the personal and/or business information it provides to Us.

(b) You are responsible for Your own profile.

(c) Any communications entered into with another user of the Site is at his or her own risk. We cannot guarantee that other users of the Site have genuine intentions.

(d) You will immediately report to Us any activities or requests by other users of the Site which are, or which You reasonably believe to be:

(i) suspicious;

(ii) inconsistent;

(iii) in breach of these Terms;

(iv) illegal; or

(v) likely to have a negative effect on Our reputation, the Site, Services and/or any user of the Site.

(e) You represent and warrant that any content that You provide and profiles that You post:

(i) will comply with these Terms;

(ii) will not breach any agreements it has entered into with any third parties;

(iii) will be in compliance with all applicable laws, tax requirements, rules and regulations and licencing and insurance requirements that may apply to You in Your local area and country; and

(iv) will not conflict with the rights of third parties.

(f) You are not able to create a profile for a deceased person; however You may create an event or other commemoration page using functionality on Our Site. You acknowledge and agree that if You create an event or page for a deceased person, that You have permission and/or authorisation from that person’s estate or immediate family members, to create that event. We are not responsible for the creation of events or the content included in an event. We recommend that prior to creating an event or a memorialisation page, that You discuss this with family members.

(g) For the avoidance of doubt, We assume no responsibility for Your compliance with any applicable laws, rules and regulations.

(h) We reserve the right, at any time and without prior notice, to remove or disable access to any account, profile, listing and/or advertisement for any reason at Our sole discretion, including where We consider that any or all of them are illegal, objectionable, in violation of these Terms or otherwise harmful to the Site, Services, any user of the Site or any third party.

5. Ratings and Reviews

(a) Service Seekers may rate the goods and/or services supplied by a Supplier (Rating), using the rating system provided on the Site. Service Seekers may also provide feedback to Us regarding a Supplier’s goods or services purchased by that Service Seeker (Review).

(b) Ratings and Reviews of a Supplier can be viewed by any user. Ratings and Reviews will remain viewable until the relevant Supplier’s account or profile is removed or terminated.

(c) Service Seekers must provide true, fair and accurate information in their Review.

(d) If, in Our reasonable assessment, a Review is untrue, unfair, inaccurate, offensive or inappropriate, We may delete the Review or ban the Service Seeker from posting the Review. We do not undertake to review each Review made by a Service Seeker.

(e) Users of the Site must not post any Review that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another user.

(f) To the fullest extent permitted by law, We are not responsible for the content of any Reviews.

6. Fees and Payments

You acknowledge and agree that:

(a) Registering and creating an account with the Site is free. There is no charge for a Service Seeker to browse or review advertisements, however You acknowledge that accessing some of Our Services may require payment.

(b) Where Our Services require payment, You may purchase those Services using the third-party payment gateway provider on the Site. Access to some of Our Services is on pre-paid basis, or another payment method. For some Suppliers, Our fees may be based on the number of bookings received by that Supplier. Details regarding Our different payment structures are set out on Our Site, or You may contact Us for further information. Suppliers agree to pay Our fees by the date set out in Our invoices and Suppliers acknowledge and agree that if late payment is made, then a Supplier’s account, profile or any advertisement may be terminated, removed or deleted in Our sole discretion.

(c) In some cases, We may offer a payment gateway for Service Seekers to purchase the goods or services of a Supplier. Our Site will set out whether payment is able to be made online through Our Site, or whether payment should be arranged directly with a Supplier.

(d) Where applicable, the price for the Services will be as specified on the Site (as updated from time to time). Unless indicated otherwise, all amounts on the Site will be in Australian Dollars and exclusive of GST (where applicable).

(e) We may from time to time change the fee and payment terms applying to the Site and Services at Our sole discretion. Any change relating to the Service fees is immediately effective upon Us publishing the change on the Site, and will apply to any usage of the Site following the change.

(f) To the extent permitted by law, all fees and charges payable to Us are non-cancellable and nonrefundable.

(g) By buying or selling goods or services using the Site, You hereby consent and authorise Us and Our third-party payment gateway provider to share any information and payment instructions You provide with one another and, to the extent required to complete Your transaction, with any other third-party service provider(s).

(h) If a Supplier or Service Seeker fails to complete a transaction and does not have a lawful excuse for such failure, then in addition to our rights under these Terms, We may suspend (temporarily or indefinitely) or terminate the defaulting party’s account.

7. Dispute Resolution

(a) By using the Site and Services, You agree that any legal remedy or liability that You may seek to obtain for acts or omissions of a Supplier, Service Seeker or other third party will be limited to a claim against the relevant Supplier, Service Seeker or other third party that caused or contributed to the events or circumstances giving rise to the claim. We encourage You to communicate directly with the relevant Supplier, Service Seeker or third party to resolve any disputes.

(b) If there are any complaints from You against Us, We will aim to respond and provide a suitable solution within 45 days. If You are not satisfied with Our response, the following dispute resolution procedure will apply:

(i) The complainant must tell the other party to the dispute in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The parties agree to meet in good faith to seek to resolve the dispute by agreement (Initial Meeting).

(ii) If a resolution cannot be agreed upon at the Initial Meeting, the parties may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must
attend the mediation in good faith, to seek to resolve the dispute.

(c) Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.

8. Cancellation of Registration
(a) You may deactivate Your account at any time via the Site.

(b) No refunds will be made upon cancellation, unless You have made a payment for one of Our prepaid services. If You have prepaid one of Our Services and You deactivate Your account, You may contact Us to request a refund for the unused portion of the Service. We may, in Our sole discretion, provide a refund.

9. Refund Policy

(a) Any cancellation, exchange or refund of a Supplier good or service is strictly a matter between the Supplier and the Service Seeker.

10. Intellectual Property

(a) All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not, including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to You (or its affiliates and/or third party licensors as applicable) (collectively Intellectual Property).

(b) You agree that, as between the You and Us, We own or hold the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, the Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Us or
the owner of the content.

(c) Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).

(d) Our Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Us or the applicable trademark holder or Intellectual Property owner.

(e) You do not obtain any interest or licence in the Intellectual Property or Third Party Marks. You may not do anything which interferes with or breaches the Intellectual Property rights.

11. Permitted and Prohibited Conduct

(a) You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property.

(b) You are solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to Your use of the Site and Services.

(c) You must not post, upload, publish, submit or transmit any content that:

(i) directs any user of the Site to any other advertising directory, or any other website (except to Your own personal website);

(ii) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy (including photographs or other content that is not owned by You);

(iii) is fraudulent, false, misleading or deceptive;

(iv) denigrates Us, the Site, Services or any user of the Site;

(v) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

(vi) is defamatory, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; or

(vii) is violent or threatening or promotes violence or actions that are threatening to any other person.

(d) In connection with Your use of the Site and Services, You may not and agree that You will not:

(i) register for more than one account or register for an account on behalf of another individual and/or entity;

(ii) as a Supplier, offer any goods or services on the Site that You do not intend to honour or cannot provide;

(iii) as a Service Seeker, offer to purchase any Supplier goods or services that You do not intend to honour;

(iv) as a Service Seeker, use any content on the Site for commercial purposes;

(v) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;

(vi) copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;

(vii) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

(viii) use the Site or Services in connection with the distribution of unsolicited commercial emails (including, for example, spam);

(ix) stalk or harass any other user of the Site or Services or collect or store any personally identifiable information about any other user (other than for the purposes of transacting on the Site as contemplated by these Terms);

(x) use, display, mirror or frame the Site, or any individual element within the Site, the Services, Our name, Our trademark, Our logo or other Intellectual Property without Our express written consent; or

(xi) advocate, encourage, or assist any third party in doing any of the foregoing.

12. Your Content

(a) You are permitted to post, upload, publish, submit or transmit relevant information and content (Your Content). By making available any of Your Content or any Intellectual Property on or through the Site and Services, You grant to Us a worldwide, irrevocable, perpetual, nonexclusive, transferable, royalty-free licence to use Your Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit Your Content and
Intellectual Property on, through, or by means of the Site and Services.

(b) You agree that You are solely responsible for all of Your Content and Intellectual Property that You make available through the Site and Services. You represent and warrant that:

(i) You are either the sole and exclusive owner of all of Your Content and Intellectual Property that You make available through the Site and Services, or that You have all rights, licences, consents and releases that are necessary to grant to Us the rights in Your Content or Intellectual Property, as contemplated under these Terms; and

(ii) neither Your Content nor the posting, uploading, publication, submission or transmittal of Your Content or Our use of Your Content (or any portion thereof) on, through or by means of the Site and Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(c) We may at Our sole discretion remove any of Your Content that is offensive or in breach of these Terms.

13. Disclaimers

(a) We do not guarantee that the Supplier’s goods or services will be requested or purchased by any Service Seekers, nor do We guarantee that Service Seekers will be able to find desirable Supplier goods or services.

(b) We do not endorse any Supplier, Service Seeker, profile, advertisement or Supplier goods or services.

(c) We cannot and do not control the content contained in any profiles or advertisements.

(d) We do not control the condition, legality or suitability of any Supplier goods or services. Service Seekers are responsible for determining the identity and suitability of any Supplier that they contact via the Site or Services and the Supplier goods or services. Service Seekers are responsible for ensuring that a Supplier is qualified to provide a service, if a qualification is necessary.

(e) We accept no responsibility for and make no representations or warranties to You or any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. To the extent permitted by law, We disclaim any and all liability related to any and all Suppliers, Service Seekers, profiles, advertisements, and Supplier goods or services.

(f) We will not be liable for any content that is, or could be, unlawful, defamatory, obscene, vulgar, offensive, or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.

(g) For the avoidance of doubt, We are not responsible for any duties, fees, taxation, estate or estate planning matters or register of births, deaths and marriages matters associated with these Terms. We advise that You should seek advice, including but not limited to advice from a legal or financial advisor, as appropriate, in relation to these matters before using the Site.

(h) You use the Site at Your own risk.

(i) To the maximum extent permitted by law, we exclude all conditions, warranties, guarantees or representations, whether implied by custom, law, statute or on any other basis, and all material, work and services (including the Site and the Services) is provided to You without warranties of any kind, either express or implied, and We expressly disclaim all warranties of any kind including but not limited to:

(i) implied warranties of merchantability and fitness for a particular purpose.

(ii) We do not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or Your access to the Site or the Services will be error free, that any defects will be corrected or that the Site or Services, or the server which stores and transmits material to You, is or will be free of viruses or any other harmful components;

(iii) We take no responsibility for, and will not be liable for, the Site, the Services, the Suppliers, the Service Seekers, the Supplier’s goods or services, or where those goods or services are unavailable, are not of a particular standard or quality, fail to meet the advertised description, fail to meet the Service Seeker’s needs, or being of less than
merchantable quality; and

(iv) to the extent permitted by law, We will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any
damages for personal, bodily injury, illness or disease, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on Your information systems or costs
of replacement goods, or otherwise, suffered by You or claims made against You, arising out of or in connection with the Site, the Services, content on the Site or Services, Your inability to access or use the Site or Services, any profile, any advertisement, the Supplier goods or services or these Terms, even if We were expressly advised of the likelihood of such loss or damage.

(j) You agree not to attempt to impose liability on, or seek any legal remedy from Us, with respect to such actions or omissions.

14. Limitation of Liability

(a) To maximum the extent permitted by law, Our total liability arising out of or in connection with the Site, the Services or these Terms, howsoever arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to Us re-supplying the Services to You, or, at Our option, refunding to You the amount that You paid for the use of the Site or the Services to which Your claim relates.

(b) This clause will survive these Terms and Your use of the Site or Services.

15. Indemnity

(a) To the maximum extent permitted by law, You agree to defend and indemnify and hold Us (and Our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to Your use of or access to the Site or the Services; any breach by You of these Terms; any wilful, unlawful or negligent act or omission by You; and any violation by You of any applicable laws or the rights of any third party.

(b) We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defences.

(c) This clause will survive these Terms and Your use of the Site or Services.

16. General

(a) Accuracy: While We will endeavour to keep the information up to date and correct, We make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that

(b) Termination: We reserve the right to refuse to make available the Site or supply the Services required by You, terminate Your account, and remove or edit content on the Site if You commit a non-remediable breach of these Terms, or a remediable breach of these Terms (that is not remedied within 5 days to our satisfaction). If We decide to terminate Your account, with or without notice to You, Your account will be deactivated, Your password will be disabled and You will not be able to access the Site, the Services, or Your account or Your Content.

(c) Fraudulent Activities: You acknowledge and agree that, in the event that We reasonably suspect that there are fraudulent activities occurring within the Site and Services, We reserve the right to immediately terminate any accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.

(d) Force Majeure: We will not be liable for any delay or failure to perform Our obligations under these Terms if such delay is due to any circumstance beyond Our reasonable control.

(e) Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.

(f) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in these Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Us of any of these Terms shall be effective unless We expressly state that it is a waiver and We communicates it to You in writing.

(g) Assignment: You must not assign any rights and obligations under these Terms whether in whole or in part without Our prior written consent. These Terms, and any rights and licences granted hereunder, may be assigned by Us without restriction.

(h) Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

(i) Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of Your use of the Site or Services is subject to the laws of New South Wales and the Commonwealth of Australia, and subject to the exclusive jurisdiction of the courts of New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If You access the Site from outside Australia, You do so at Your own risk and You are responsible for complying with the laws in the place where You accesses the Site.

(j) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Us and Suppler, Service Seeker or other user of the Site, and supersedes any prior agreement, understanding or arrangement between them, whether oral or in writing.

For questions and notices, please contact:
Legacy Guild Pty Ltd (ACN 616 548 540) as trustee for the Legacy Guild Trust trading as Your Departed
(ABN 37 474 905 146)

PO BOX 204
Belmore NSW 291
Email: [email protected]