TERMS AND CONDITIONS

GENERAL TERMS

These are the terms and conditions (Terms) for www.ezifunerals.com.au (Site). The Site is operated by eziFunerals Pty Ltd (we, us and our). We are a limited company, registered in Australia.

The Site makes available an online platform for customers who wish to select a Funeral Director (Clients) to conduct funeral services (Services) and funeral professionals who conduct funeral services (Funeral Directors). References to ‘you’ or ‘your’ in these Terms refers to Clients and Funeral Directors and their representatives. Users of the Site and/or the offering of any Services through the Site, is subject to these Terms and by using the Site and/or offering any Service through the Site you agree to be bound by these Terms.

You should print a copy of these Terms for future reference.

General use of the site is governed by our Website Terms and Conditions located here.

Use of your personal information submitted to or through the Site is governed by our Website Privacy Policy located here.

We reserve the right to change these Terms from time to time by changing them on the Site and you are responsible for checking the current terms on the Site. If you continue to use our site/or offer Services via the Site after these Terms have been changed you will be deemed to have accepted the new Terms. By using or paying for our services you agree to the terms outlined below.

Our Role

We provide an online platform where Clients plan a funeral and request quotes from Funeral Directors for their Services.

If the Client wishes to proceed with a quote, the Funeral Director and Client shall contract directly with each other in relation to the provision of the Service and Clients will be obliged to pay Funeral Directors direct. We do not conduct funeral services, or make any representation or warranty about Clients, their likelihood to select a Funeral Director and/or your Services, and we are not responsible for your or their obligations.

We have no obligations regarding Clients payments (or any other obligations of Clients), which remain their sole responsibility under their direct contract with Funeral Directors. Equally we are not responsible for Funeral Director Services or any problem or delay in providing them, or for any dispute over the amount due to be paid by the Client. We are not an agent or partner of any Funeral Director.

Account Registration

In order to become a Client/Funeral Director on the Site, you will need to register for an account with us first. In order to set up an account with us you must complete the account registration form available on the Site. You only need to register once.

Registration is subject to agreement by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. You must ensure that any registration details you provide are accurate. To register an account with us, you must provide us with accurate, complete and up-to-date contact information. Depending on the type of user account, this may include your name, the legal name, funeral guardian details, business details, postal address, telephone number and email address. You are responsible for the information you provide to us. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update the information you have provided us with, including your account settings, in the relevant area of the Site.

We will also ask Funeral Directors a number of questions in order to create your eziFunerals profile (Profile). Your Profile should include information such as details of the Services you provide, appropriate images and videos, references and your credentials. We are not obliged to review or edit the Profile but we may ask you to make changes to ensure it is presented in a helpful way for Clients.

If your application to register to use the Site is accepted (which will be entirely at our discretion), you will be allocated a username and password to access your Account. You must keep your Account confidential and must not reveal them to anyone else. You are responsible for all activities that occur under your Account. You must notify us immediately at support@ezifunerals.com.au if you know of, or suspect, that anyone has obtained access to your Account, or if you otherwise become aware of any unauthorised use of your Account or other security breach.

Unless we have previously been notified by you in writing that the confidentiality of your Account has been compromised, we are entitled to treat any use of the Site (including any quote for Services via the Site) under your Account as being by you. We may disable access via your Account at any time if, in our opinion, this is reasonably necessary to preserve the security and proper operation of the Site, if you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering prove to be false. You must not create multiple user accounts to avoid suspension or termination.

Identity Verification

When users create a profile on the Site, we may take a number of steps to verify your identity. These may include: Verification of contact information including email address and contact phone number. Verification of social media accounts that users may choose to link to their Profile. Validation of business addresses and conducting basic business information checks for solvency and other key details in relation to limited companies. Confirmation of personal details and conducting basic checks. Checks with third parties such as Funeral Director Associations and government agencies.

By registering on the Site you agree to the above uses of your information.

FOR FUNERAL CLIENTS

Client Funeral Plans

eziFunerals delivers to you in a convenient form, information required to obtain quotes, create and manage a funeral plan (in non- legally binding documents).

Clients will be asked a number of questions to obtain quotes and/or create a comprehensive funeral plan online to enable Funeral Directors to provide an accurate and itemised quote. It is your responsibility, to provide accurate information in response to the questions. To ensure that the funeral plan and quote request you generate reflect your intentions you must be very careful to: Provide accurate answers to all the questions asked in the online questionnaire; Review the quotation form and funeral plan carefully to check that the information that has been generated accords with the answers you provided to the questions; and Follow the instructions provided.

eziFunerals undertakes no check of the accuracy of the information that you provide.
If you don’t understand any of the questions in the online questionnaire or/are unsure whether your answers to any of the questions are accurate, the quotation request and funeral plan generated may not deal with your funeral requirements in accordance with your wishes. It is your responsibility to provide accurate information in relation to your funeral requirements and to seek assistance from a licensed funeral director if you need further information.

By planning your funeral and obtaining quotes through eziFunerals, you agree that:

• While we assume the responses to the questions are your personal wishes, they are not legally binding.
• We do not recommend any responses to any of the questions being the most suitable option for your specific circumstance.
• We are not responsible for any errors or omissions in the information you supply us.
• We record and store your funeral plan based on the information you supply us at the time you save your plan.
• The responsibility for keeping that information up to date is solely yours.
• Use of the services is at your sole risk. The web site and services are provided on an “as is” and “as available” basis.

On completion of a funeral plan and/or your request to quote, eziFunerals will search for Services in your state and obtain no obligation quotes from Funeral Directors through our Site. See section on PAYMENTS for more information. eziFunerals accepts no responsibility on the number, selection and availability of Funeral Directors to submit a quote in accordance with the Clients requirements.

For more information on Requesting Quotes/Bidding Process, Accepting/Declining Requests, Proceeding to Contract and Client Reviews refer to the section ‘FOR FUNERAL DIRECTORS’.

FOR FUNERAL DIRECTORS

Requesting Quotes/Bidding Process

Clients will send quote requests to Funeral Directors. Funeral Directors will review the request and decide if they wish to quote for the funeral service. The Client will be asked a number of questions and may create a comprehensive funeral plan to enable Funeral Directors to provide an accurate and itemised quote.

Funeral Directors will receive a Summary View of the Client’s request which will include details of the Client’s location, type of committal, purpose of quote and budget. The Client’s personal details will not be provided at this stage.

Accepting a Quote Request

If you wish to accept the Client’s invitation to quote for the funeral, Funeral Directors will need to subscribe as a Premium member. Only then we will provide access to the Client’s personal details and/or funeral plan. Quotes by Funeral Directors for Client funeral plans must be received within a 48 hour timeframe from the time submitted by the Client. If we receive your Client quote after the timeframe set, then yours will not be sent to the Client. By providing a Quote you are representing (and warrant to us) that the Client Quote is a reasonable estimate of the cost of the funeral service to be undertaken based on the funeral details received from the Client. You may not deliberately under or over quote.

Once the Client has received your Quote for the funeral they may or may not contact you to discuss it further. We have no responsibility if the Client chooses to ignore or not take you up on your Quote. If you don’t hear from the Client you should assume that you have not been selected as the winning funeral director in that instance.

Conclusion of Funeral Contract

If you and a Client agree to proceed with the purchase of and provision of a Funeral Service, the contract for the provision of the Service will be as between you and the Client only. We are not responsible for or part of that contract and do not agree any terms of that contract. You and the Client must agree on all the terms applicable to the provision of the Service and ensure that an appropriate contract is in place. Any payments for the Funeral Service are between the Funeral Director and the Client and we do not get involved in the transmission or arrangement of such payment.

Client Reviews

After Clients have received a Service from a Funeral Director, they may choose to provide a review and feedback of that Funeral Director to help other Clients with their selection process. Reviews through eziFunerals must be specific to the service provided by the funeral director. Clients will be encouraged to stick to the facts and speak to the quality of service they have received. Reviews containing any of the following will be rejected:
• Obscene language.
• Promotional offers/ advertisement.
• Personal credit card/contact information.

eziFunerals is committed to providing a transparent review process that includes only authentic reviews. We will in no way exclude or inhibit genuine feedback from customers (positive or negative) that use your funeral service through eziFunerals.

FOR PREFERRED PARTNERS

The eziFunerals Preferred Partners Program (“Program”) is administered by eziFunerals Pty Ltd (“eziFunerals”).

Businesses registered with the Program agree to provide discounts to eziFunerals Clients and Member Funeral Directors (“Customers”).

In consideration for eziFunerals agreeing to allow the Business to register and participate in the Program, the Business agrees to offer either or both, products and services to Customers subject to the Discount and subject to the following terms.

Discount Terms

Businesses must provide either:

• a discount of 10% or more; or
• a discount which equates to $20 or more, which dollar value discount must equate in value to a discount of 10% or more off the normal price of the offered products or services; or
• subject to the prior approval of eziFunerals, a discount of less than 10% off the normal price of the offered products or services.

Preferred Partner Requirements

Businesses must ensure that it specifies a ‘percentage’ or ‘dollar value’ Discount. Wording such as ‘varying levels of discount’, ‘up to X%’, ‘approximately X%’ or ‘X% to X%’ are not acceptable and must not be used.

Unless otherwise agreed by eziFunerals, Businesses must provide a Discount offer for a minimum of 12 months from the date of commencement of its participation in the Program with provision to re-negotiate the Discount offered after that time.

Businesses must ensure the Discount is readily available to Customers nominated in the relevant offer and that all of its staff are made aware of the existence and terms of the Discount.

The Discount offered must not be changed or substituted without the prior written consent of eziFunerals, entirely at eziFunerals discretion.

Businesses fully indemnifies eziFunerals against any cost (including legal fees), claims, damages and expenses that may be incurred by the eziFunerals arising from, or attributable to, any, or all of, the Business.

• failing to perform its obligations under this Agreement; or
• in connection with the supply of any, or all of, the products or services or the Discount offered to a Customer; or
• any failure to supply any, or all of, the products or services or the Discount to a Customer.

eziFunerals may make enquiries with the Australian Securities & Investments Commission, and other authorities, regarding the Business’ trade activities and any other matters relevant to the Business’ participation in the Program.

Business’ registration with the Program ceases when the Discount offered is withdrawn or is no longer available to the Customers.

Business’s are to immediately remove all eziFunerals promotional materials and logos from display and advertising materials, when the Business’ registration with, or participation in, the Program ceases.

Business’s are to promptly contact eziFunerals, and in any event within five days, of the Business deciding to withdraw from the Program.

Registration, and participation of the Business in the Program does not constitute any endorsement whatsoever of either, or both, the;

• Business; or
• the products and services provided by the Business, by eziFunerals.

eziFunerals may immediately withdraw the registration and participation of the Business in the Program if the Business fails to comply with any one or more of the terms and conditions of this Agreement.

In registering with the Program, the Business acknowledges and agrees that:

• eziFunerals can refuse, entirely at its discretion, to admit an applicant business to participate in the Program; and
• eziFunerals will advise Customers to take any unresolved issues between the Customer and a registered Business to Consumer Affairs and Fair Trading.

FOR ALL USERS

User materials and information

Users of the Site may only use materials and information provided by Clients and/or Funeral Directors for the sole purpose of:

• Clients: planning a funeral, obtaining quotes and selecting Funeral Directors.
• Funeral Directors: assessing the Client’s funeral requirements and preparing a Client Quote.
• Preferred Partners: servicing eziFunerals Clients and Members enquiries for products and services.

You will keep such Client and Funeral Director materials and information confidential and secure from third party access at all times.

Fees and Payments

Users agree to make payments for services provided by eziFunerals in this Site in accordance with this Agreement.

Funeral Clients: This is currently a free service, unless otherwise prescribed in this site.

Funeral Directors: In order to be listed on our Site, receive Client funeral bid requests and provide quotes to Clients, you agree to pay a monthly subscription fee ($49), which will be debited from your credit card monthly. All Prices will include GST.

Preferred Partners: In order to be registered and advertised on our Site, receive leads and connect with clients and members, you agree to pay eziFunerals a registration and monthly subscription fee, to be mutually agreed on a confidential basis.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

Third Party Products and Services

eziFunerals acts as a referrer only and does not make any recommendation or give any opinion about any third party products and services. Any advice on this site does not take into consideration your objectives, financial situation or needs, which you should consider before acting on our recommendations. Policy terms, conditions and exclusions apply. A commission may be paid by our partners to eziFunerals on each third party product purchased or service provided. You should read and consider the relevant PDS and terms and conditions on our partner websites before deciding whether any of these products or services are suitable for you.

eziFunerals Payment Security Policy

eziFunerals uses the eWAY Payment Gateway for its online credit card transactions.

eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the eWAY gateway are secured payments. Payments are fully automated with an immediate response. Your complete credit card number cannot be viewed by eziFunerals or any outside party. All transactions are performed under 128 Bit SSL Certificate. All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data. eWAY is an authorised third party processor for all the major Australian banks. eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by eziFunerals.

For more information about eWAY and online credit card payments, please visit www.eWAY.com.au

Payment Delivery Policy

After payments online, you will receive an email confirmation from eWAY containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering.

Payment Refund Policy

If for any reason you are not completely satisfied with your purchase we will give you a 7 day money-back guarantee from the time of your purchase. Please email us at support@ezifunerals.com.au within that time if you are not satisfied with your purchase so that we can resolve any problems.

Indemnity

You agree to indemnify us, on demand, against all losses, liabilities, amounts paid in settlement, costs and expenses suffered or incurred by us as a result of any claim arising out of or in connection with:

• any Funeral Plans created through the site;
• any Service Funeral Directors provide (or fail to provide);
• any Client Quote Request or Funeral Director Bid;
• any Reviews posted by Users through the Site;
• any use of Client or Funeral Director materials or information; or
• any use you make of the Site.

This indemnity will survive termination or closure of your account for whatever reason.

Termination of your Account

We may terminate your account upon your request at any time, but we will not refund any payments (save where you have a right to terminate under these Terms due to our breach). We may, at our discretion where we consider this reasonably necessary (for example if you are in breach of these Terms), immediately terminate your account and all access to the Site without prior notice. We may terminate your account if you are in breach of these Terms and you may do the same if we are in breach. We will not be liable to you or any third party for the termination of your account.

Ongoing communication

By agreeing to this disclaimer you authorise eziFunerals to send you, at any time, subsequent to its conclusion, written or electronic communications which may contain material of a commercial nature. Electronic communications will include an option to opt out of receiving further communications.

Liability

A. The Site is an online platform which is intended to be used to allow Clients and Funeral Directors to connect and arrange for the provision of Funeral Services directly with each other. Subject to the provisions of this Section, we are not responsible for and disclaim any and all liability related to the provision of Services as between Clients and Funeral Directors.

B. You agree that your use of the Site and provision of Services is entirely at your own risk. No representations are made by us regarding the Funeral Directors who may be sent your Client Quote Request, the number Funeral Director Quotes sent to Clients or the number of jobs Funeral Directors will win. You should make your own assessment when deciding whether or not to use our Site. We do not endorse any funeral details submitted by Clients or ability to pay expressed by the Clients and we expressly disclaim any and all liability in connection with the foregoing. We also do not endorse any Service provided by Funeral Directors and expressly disclaim any and all liability in connection with the foregoing.

C. In no event shall we be liable to you (including by reason of negligence) in contract, tort or otherwise, for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.

D. Subject to C above, our total liability arising under or in connection with these Terms or any breach or non-performance of these Terms no matter how fundamental (including by reason of negligence) in contract, tort or otherwise shall be limited to the total value of the services you have purchased from the Site or $1000 whichever is greater.

General

You may not transfer or assign any or all of your rights or obligations under these Terms. All notices given by you to us must be given in writing to the address or email address set out at the end of these Terms. We may give notice to you at either the email or postal address we hold for you as updated by you in your account from time to time. If we fail to enforce any of our rights, that does not result in a waiver of that right. If any provision of these Terms is found to be invalid or unenforceable, all other provisions shall remain unaffected.

These Terms may not be varied except with our express written consent. Headings are for references purposes only and in no way define, limit, construe or describe the scope or extent of any Section. These Terms and any document expressly referred to in them represent the entire agreement between us.

Confidentiality

Each party shall keep confidential all confidential information. Each party may disclose confidential information to its professional advisers but otherwise will only disclose confidential information to those of its employees, officers, sub-contractors and agents who (i) need to know it for the purpose of exercising or performing its rights and obligations under these Terms; (ii) have been informed of the confidential nature of the confidential information divulged; and (iii) agree to act in compliance with the confidentiality requirements of these Terms.

Neither party will disclose confidential information to any third party except as otherwise permitted in these Terms. Notwithstanding any other provision of these Terms, it shall not be a breach of them for either party to:

• disclose any confidential information pursuant to a court order or a binding request from a regulatory (or other analogous) authority with jurisdiction or from any other third party with power to require the disclosure of such information, provided that (to the extent it is permitted to do so) the affected party: (i) gives all reasonable notice of such disclosure to the other party; (ii) reasonably limits such disclosure to the confidential information so required; and (iii) cooperates with the other party to seek injunctive relief or a protective order for such confidential information if so requested by the other party; or
• disclose the existence and terms of these Terms to an actual or genuine potential purchaser of that party or of all or any part of that party’s business, provided that such disclosure is made under conditions of confidentiality at least as onerous as those set out in this Section.

Governing law and jurisdiction

These Terms are governed by Australian law, and you agree that any dispute between you and us regarding them or the Site will only be dealt with by the Australian courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.