Terms of use

This website is operated by EVIAC Group Pty Limited (trading as Victoria Cross Funerals).

These Terms of Use (Terms of Use) contain the terms and conditions that govern your access

to, and use of, this website and all associated websites owned and operated by EVIAC Group

Pty Limited (trading as Victoria Cross Funerals) (the Website).

These Terms of Use apply to all users of the Website, and constitute an agreement between

EVIAC Group Pty Limited (trading as Victoria Cross Funerals) and you (“you” or “your”). By

using the Website, you indicate that you have read and accepted these Terms of Use. By

accepting these Terms of Use, you agree to be bound by them and represent to us that you

have the legal capacity to accept these Terms of Use.

We may make changes to these Terms of Use from time to time for any reason. We will

publish those changes on the Website. By continuing to use the Website after the changes

take effect, you indicate that you have read, accepted and agree to the updated Terms of Use.

Website content

1.1 All intellectual property relating to the Website, including without limitation all

materials, information and content on the Website (including without limitation text,

software, graphics, design, photographs, images, videos, names, trademarks and layout,

appearance and looks of the Website) (the Website Content) is owned by EVIAC Group

Pty Limited (trading as Victoria Cross Funerals) and may be protected by copyright,

trademarks and/or other intellectual property rights.

1.2 EVIAC Group Pty Limited (trading as Victoria Cross Funerals) does not grant to you

any licence or right in, or assign all or part of, its intellectual property rights in the

Website Content or the Website.

1.3 The Website Content is provided for your personal and non-commercial use only,

unless otherwise authorised by EVIAC Group Pty Limited (trading as Victoria Cross

Funerals).

1.4 You acknowledge and agree that:

(a) you will not modify, copy, reproduce, publish, republish, disseminate, circulate

or distribute in any way any part of the Website or Website Content without the

express prior written consent of EVIAC Group Pty Limited (trading as Victoria Cross

Funerals);

(b) you will not do anything with the Website (including the Website Content) that

is not expressly authorised by these Terms of Use.

Use of the Website

2.1 You acknowledge and agree that you will:

(a) abide by all applicable copyright laws (and other applicable intellectual property

laws); and

(b) use the Website in a responsible manner, and in compliance with all relevant

laws, regulations, standards, or codes.

2.2 You agree that you will not:

(a) use the Website or any Website Content for any purpose that is unlawful or

prohibited by these Terms of Use;

(b) store in any electronic or other medium, publish, distribute, communicate to the

public, change, modify, adapt, manipulate, reverse engineer, decompile, distort or

enhance any of the Website Content including by “scraping” any Website Content;

including advertising or promotional material;

(d) transmit, distribute, post or submit any information concerning any other person

or entity without their permission (including without limitation names, photographs,

or any other information relating to that person or entity);

(e) defame, harass, threaten, menace or offend any person;

(f) attempt to use any device or software to modify, remove, deface, hack or

otherwise interfere with the Website or any Website Content; or

(g) knowingly transmit any virus, worm, trojan horse or other disabling feature to or

through the Website.

2.3 If you breach these Terms of Use, notwithstanding any other rights that EVIAC Group

Pty Limited (trading as Victoria Cross Funerals) may have, EVIAC Group Pty Limited

(trading as Victoria Cross Funerals) may, without notice to you, block you from the

Website.

Disclaimer

3.1 Unless specified otherwise, any Website Content made available on the Website is

general information only, and does not take into account your specific circumstances.

3.2 You acknowledge that your use of the Website (including the Website Content) is at

your own risk.

3.3 Unless specified otherwise, EVIAC Group Pty Limited (trading as Victoria Cross

Funerals) does not make any representation or warranty, whether express or implied,

about the Website or the Website Content, including without limitation in relation to:

(a) the accessibility or operation of the Website; or

(b) the accuracy, reliability, timeliness, correctness, completeness or suitability of

the Website Content; or

the Website,

and to the fullest extent permitted by law, EVIAC Group Pty Limited (trading as

Victoria Cross Funerals) excludes all representations and warranties relating to the

Website or Website Content.

3.4 EVIAC Group Pty Limited (trading as Victoria Cross Funerals) may amend or remove

any Website Content at any time.

Liability

4.1 To the maximum extent permitted by law, EVIAC Group Pty Limited (trading as

Victoria Cross Funerals) excludes all liability for any loss, damage, costs or expense

(whether direct, indirect, special and/or consequential loss) suffered by you or any third

party, or claims made against you or any third party, which arise out of or in connection

with your use of, or your inability to use, the Website or the Website Content.

Indemnity

5.1 You indemnify EVIAC Group Pty Limited (trading as Victoria Cross Funerals) from

and against any loss, claims, actions, suits, demands, damages, liabilities, costs or

expenses (including legal costs and expenses) incurred or suffered by EVIAC Group Pty

Limited (trading as Victoria Cross Funerals) and any of its officers, employees or agents,

which arise from, or in connection with:

(a) your use of the Website;

(b) a breach by you of these Terms of Use;

of, the Website or Website Content by you; or

(d) any wilful, unlawful or negligent act or omission by you.

Third party websites

6.1 The Website may contain links to websites owned and operated by third parties.

Unless otherwise stated, EVIAC Group Pty Limited (trading as Victoria Cross Funerals)

does not control, endorse, sponsor or approve any such third-party websites or their

content.

6.2 If you access a third party website through the Website, you do so at your own risk.

EVIAC Group Pty Limited (trading as Victoria Cross Funerals) is not liable for any loss or

damage (including special, indirect or consequential loss) that you incur or suffer arising

from your use of or access to any third-party website.

Privacy

7.1 EVIAC Group Pty Limited (trading as Victoria Cross Funerals) Privacy Policy forms

part of these Terms of Use and apply to your use of the Website. EVIAC Group Pty

Limited (trading as Victoria Cross Funerals) Privacy Policy is available here

General

8.1 These Terms of Use are governed by and construed in accordance with the laws of

New South Wales, Australia.

8.2 If any of the terms in these Terms of Use are invalid, unenforceable or illegal, that

term will be severed and the remainder of these Terms of Use will continue to have full

force and effect.

8.3 Any failure by EVIAC Group Pty Limited (trading as Victoria Cross Funerals) to

enforce any of its rights under these Terms of Use will not be treated as a waiver by

EVIAC Group Pty Limited (trading as Victoria Cross Funerals) of those rights.

Last Update: 24 April 2020