YourLoss Terms and Conditions

This Website (www.yourloss.com.au) (Website) is operated by H.N. Olsen Funerals Pty Ltd (ABN 15 002 651 756). In these website terms and conditions where appropriate, we variously refer to ourselves as “us” or “we” or “our”.

The following terms and conditions govern your use of this Website and by accessing and using this Website, you confirm you have read and accepted these terms and conditions and are therefore bound by them.

If you do not accept these terms and conditions, you should immediately cease to use this Website.

This Website has been established to provide information concerning funeral planning, pre-paid/pre-planned funerals, managing and coping with grief, writing a eulogy and providing funeral personalisation.

Definitions

  1. In these terms and conditions, the following definitions apply:

“Claim” means any loss, claim, action, demand, suit, cost or expense, including legal fees and costs on a full indemnity basis;

“related entity” or “related entities” has the meaning given to that expression in the Corporations Act 2001 (Cth);

“us” or “we” or “our includes our officers, directors, agents, subsidiaries and employees and related entities and the officers, directors, agents, subsidiaries and employees of those related entities.

Disclaimer and Indemnity

  1. The information and materials on this Website are provided by us in good faith and on an “as is” basis.
  2. No representation, either express or implied, is made as to the accuracy, completeness, currency, reliability, suitability or availability of the information or materials on this Website.
  3. The information and materials on this Website are for general information only and are not, and are they not intended to be medical or mental health advice, treatment or diagnosis. Further the information and materials on this Website are not nor are they intended to be a substitute for professional medical or mental health advice (Professional Advice).

If you are in crisis or think you may have an emergency, immediately call Emergency 000. If you’re having thoughts of self-harm or harm to others call Lifeline on 13 11 23 to talk to a skilled, trained counsellor. If you are located outside Australia, contact your local emergency line directly.

  1. This Website may not be maintained nor updated and the information and materials on this Website may contain errors, omissions or inaccuracies.
  2. We may, from time to time change, add or remove information and materials from this Website without notice to you and by continuing to use this Website, you agree that you will be bound by the updated terms and conditions.
  3. Before acting on the basis of any information or materials on this Website, you, or anyone you are concerned about, are encouraged to seek Professional Advice and treatment from suitably qualified medical and clinical practitioners who take into account your specific individual circumstances.
  4. You should never disregard Professional Advice because of any information or materials on this Website.
  5. You must exercise your own judgment and make your own assessments in respect of any information or materials on this Website.
  6. Should you choose to use any information or materials on this Website or a third party Website (Linked Website), it is entirely at your own risk.
  7. To the maximum extent permitted by law, we will in no way be liable to you or a third party for any Claim, however caused (including negligence), which may be directly or indirectly suffered in connection with your use or reliance of the information and materials on this Website or any Linked Website. This includes but is not limited to any damage or interference to your electronic device or any other hardware, software, equipment or device installed on or used in connection with your electronic device.
  8. If the limitation of liability clause above is held to be invalid or unenforceable, in whole or in part, then you agree that our maximum aggregate liability to you in connection with any Claim made by you is AUD$500.00.
  9. To the maximum extent permitted by law, all implied conditions, representations, warranties and other terms are excluded.
  10. You agree to indemnify us from and against any Claim in connection with:
    1. your failure to comply with the laws of Australia applicable to the use of this Website, the Content or any of our intellectual property rights;
    2. your use or reliance of the information and materials on this Website or a Linked Website;
    3. a breach by you of these terms and conditions; or
    4. any act, negligent act or omission by you, including any agent, employee, licensee or customer of yours.

Intellectual property

  1. The Content is for your personal and non-commercial use only.
  2. Unless otherwise indicated, all information and materials on this Website, including but not limited to text, graphics, images, videos and audio files, coding, layout, look and appearance (Content) is owned by or licensed to us. All rights are reserved.
  3. You must not reproduce, store, distribute, adapt, display, publish or otherwise circulate or create derivative works from any part of the Content without our prior written consent.
  4. All trade marks, trade names, logos, service marks, service names and product names on this Website, whether registered or unregistered (Trade Marks), are owned by us or the  respective owners.
  5. You agree not to use or to display any Trade Marks without our prior written consent or the prior written consent of the owner of the Trade Marks.
  6. For the avoidance of doubt, we do not grant you any right in or licence in the Content or the Trade Marks.

Third party Websites

  1. This Website may contain links to Linked Websites, which are provided for your convenience only.
  2. We do not control, recommend, approve or endorse any Linked Websites or the content on the Linked Websites.
  3. Your use of any Linked Websites are entirely at your own risk and these terms and conditions do not apply to your use of any Linked Website.

Notices

  1. You agree to receive any communications by e-mail.
  2. All communications to us must be to the following addresses, unless otherwise nominated by us in writing:
    1. If delivered by hand or sent by pre-paid mail: 691 Old Princes Highway, Sutherland NSW 2232
    2. If sent by e-mail: service@olsens.com.au
  3. Any communication will be deemed to have been delivered:
    1. If delivered by hand: on the day of delivery;
    2. If sent by pre-paid mail: within 72 hours of posting;
    3. If sent by e-mail: within 24 hours if no notice of non-delivery has been received by the sender.

General

  1. These terms and conditions constitute the entire agreement between you and us.
  2. These terms and conditions are governed by the laws of New South Wales and you submit to the exclusive jurisdiction of the courts of New South Wales.
  3. If any of the terms under these terms and conditions are prohibited, invalid or unenforceable, those terms will be modified (if possible) so that it is enforceable. If those terms cannot be modified, it will be severed and the rest of these terms and conditions will continue to operate.
  4. Our failure or delay in exercising a right or power under these terms and conditions does not operate as a waiver of that right or power and an exercise of a right or power does not preclude its future exercise or the exercise of any other right or power.