Terms and Conditions
Welcome to www.gatheredhere.com.au (the ‘Website’). The Website is operated by Gathered Here PTY LTD (ACN 617 115 885) (‘Company’, ‘Gathered Here’, ‘us’, ‘our’, ‘we’). By using the Website and/or clicking to accept or agree to these terms and conditions (‘Terms’) where this option is made available to you by Gathered Here in the user interface, you agree to be bound by these Terms which constitute a contract between you and Gathered Here. If you do not agree with the Terms, you must cease usage of the Website immediately.
Gathered Here reserves the right to review and change any of the Terms by updating this page at its sole discretion. Please periodically review the Terms. Your continued use of the Website constitutes your acceptance of and agreement to any revised Terms. Any changes to the Terms (unless specified otherwise) take immediate effect from the date of their publication.
There are currently no mandatory fees for users researching and/or planning funeral services by using our Website and the content (‘Members’).
Fee-based subscriptions and/or services are available for professionals, facilities, companies or entities offering products and services related or connected to funerals (‘Vendors’).
Vendors may opt in to services offered by Gathered Here and/or have their account listed in the vendor directory. Vendor services and listing options can be found on our information page for funeral homes and funeral directors. Vendors who participate in these optional services will pay the fees (if any) as outlined in the plan they select at the most current subscription rates and on these Terms and any other terms and conditions advised by Gathered Here from time to time.
Authorisation to credit and debit accounts
Should you opt into a fee-based program, you irrevocably and expressly authorise Gathered Here to debit any monies owed to us from the account that you have specified to us for payment and/or entered for payment at the checkout. Should you authorise Gathered here to debit monies owed on an ongoing basis, you warrant to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our Website. We reserve our rights to pursue any and all actions and remedies to recover any monies owed to Gathered Here. You will indemnify, defend and hold us harmless for any and all claims, demands or causes of actions that we take to recover money owed pursuant to this section.
It is a condition of these Terms that all information or content you provide, acknowledge, post and/or submit to be posted or used on the Website, including all advertisements, photos and creative designs, are either your own works or works which you are using with the permission of the owner. Subject to any other clauses of these Terms, by providing, acknowledging or submitting information or content (including advertisements, photos and designs) to us or any part of the Website you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that any and all information you provide, acknowledge and/or post to the Website (i) complies with all relevant laws; (ii) does not infringe the intellectual property rights (including but not limited to copyright and trademarks) of any person; (iii) is not misleading or deceptive nor likely to mislead or deceive; and (iv) does not violate any privacy laws or regulations or confidentiality restrictions. You warrant that any and all information provided, acknowledged and/or submitted by you and posted on the Website, including in any directories, is true, complete and correct.
Copyright in content, reviews, ratings and comments
By accepting these Terms, you hereby assign to us all present and future copyright in all of original content provided, acknowledged and/or submitted or posted by you to the Website including without limitation: comments, forum posts, public messages, reviews, ratings (but not including the contents of any ‘get quotes’ submission). You also irrevocably authorise us to use the content in any way we please, including in a way that you might consider to infringe your moral rights in the content. For the avoidance of doubt, nothing in this paragraph requires you to create an account in order to be bound by these Terms, and your use of the Website constitutes your agreement to these Terms.
Review of submissions
Files that you upload, descriptions and information that you post, public messages that you send and your activity in dialogue, discussion, and forums on the Website are subject to review, modification and deletion without notice. You should be aware that personally identifiable information you choose to disclose on the Website may be used by third parties and such use is beyond our control.
You must not post any information which (i) is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the Website or any of our users.
We may deny you access to all or part of the Website and/or suspend or cancel your service account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms or is otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your service account.
Manipulation of ratings and reviews
We cannot, do not and will not make any comments on behalf of you or your services. You acknowledge that Members may leave ratings and reviews about you and/or your services (whether positive, neutral or negative) on our Website and other Members may read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the integrity of the Website, you shall not:
- attempt to restrict in any way a Member’s right to post a review, by contract or otherwise;
- offer a Member a bribe in any form in exchange for a review;
- reuse the content of a Member feedback review from the Website on your own personal or business site, on any other third party website or on any of your own personal, business or third-party marketing or advertising materials, regardless of the form;
- attempt to increase feedback by receiving multiple feedback entries from the same member;
- post or attempt to post, in any manner or by any means, a feedback review on your own account; or
misrepresent or impersonate a Member.
Copyright, Trade Marks and Intellectual Property
The entire contents and design of the Website, including all trade marks, text, images and audio and video files, is proprietary to us or our content providers and owners and is protected by copyright laws. The Website is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, adapt, transmit, communicate, display, publish or use any material contained in the Website and/or our e-newsletters without our express prior written permission or the permission of the relevant copyright owner. You may not use any of the information or content on the Website for commercial purposes or to establish, operate or maintain your own product or service offering. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.
Use of the Website
Gathered Here grants to you worldwide, non-exclusive, royalty-free, revocable licence to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
Gathered Here does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Gathered Here.
Your use of and/or listing on the Website is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of and/or listing on the Website. Neither we nor anyone else involved in creating, producing or delivering the Website, our e-newsletters, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, inability to use, and/or listing on the Website.
You must not use any means of automatically searching or mining data from the Website or in any way interfere or attempt to interfere with the proper operation of the Website.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the Website, our systems or data or those of any third party via the Website.
The Website is provided on an ‘as is, with all faults and as available’ basis and to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade. We make no representation or warranty that any content of the Website is accurate, complete, appropriate, reliable or timely. We also make no representation or warranty that your access to and use of the Website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
We strive to provide valuable and accurate information. The editors and compilers of the material contained in the Website have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of the provision or availability of incorrect, incomplete, estimated or vague information, and error by the authors, editors, contributors, compilers, publishers and/or Vendors, neither we nor any other party involved in the preparation of material contained in the Website or in our e-newsletters represents or warrants that the information contained therein is accurate or complete, and they assume no responsibility for any errors or omissions or for the consequences of or results obtained from the use of such material. You are encouraged to confirm the information contained therein with other sources.
Consumers reading articles or other material or information posted on the Website or e-newsletters should review the information carefully. The information is not intended in any way to be a substitute for professional advice. Neither the content nor any other service offered through the Website or our e-newsletters is intended as professional advice.
We do not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any professional, facility, company or entity listed in our directories. We assume no responsibility for verifying the information provided, acknowledged, posted and/or submitted to our Website. Use of our directories to locate a professional, facility, company or entity is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our directories, Website or services for the selection of a professional, facility, company or entity or for the services provided by any professional, facility, company or entity listed therein, or for any other loss or damage which may occur as a result thereof. We recommend that you check the certification and/or licensing of any professional or other service provider with the applicable licensing Board or authority.
You should satisfy yourself as the competence, solvency, insurances and licensing of anybody you decide to retain as a result of a connection made through our services, including the request quotes service. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by a person or entity that you retain as a consequence of using our directory, Website or services.
The Website may contain links to web sites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or web site link on the Website and/or in our e-newsletters does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or web site links.
Waiver, release and limitation of liability
You agree that to the extent permitted by law neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use or of or listing on the Website. You hereby release and forever waive any and all claims you may have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (including but not limited to claims based upon our negligence or the negligence of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers) for any loss or damage you sustain in connection with your use of or listing on the Website. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.
Notwithstanding the foregoing paragraph, to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with the Website shall not exceed AUD$100. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of or listing on the Website is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.
Neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Website, or resulting from the act or omission of any other party involved in making the Website or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the Website or that information, whether or not the circumstances giving rise to such cause may have been within our control or the control of any vendor providing software or services support to us.
We are in no way responsible for the recommendations or comments posted about you or your services by Members on our site. Likewise we will not assist you to reach an agreement with Members; nor to assist you to provide goods and services to Members. We cannot guarantee the accuracy of details provided by Members and will not verify this information or guarantee the ability of Members to complete payment for any of the products or services you provide. Any transaction you enter into with a Member is strictly between you and the Member, and Gathered Here is not a party to that transaction. Any dispute you have with a Member is between you and the Member, and we will not be a party to that dispute.
You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any violation of these Terms or any activity related to your service account or use of or listing on the Website (including infringement of third parties’ intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the Website using your service account.
Termination of Contract
Vendors who have opted into a fee-based program may terminate the Terms by providing Gathered Here with 30 days’ notice.
Gathered Here may at any time, terminate the Terms with you:
- if you have breached any provision of the Terms or intend to breach any provision;
- if Gathered Here is required to do so by law;
- if Gathered Here is transitioning to no longer providing the Services to members in the country in which you are resident or from which you use the service;
- if the provision of the services to you by Gathered Here, is in the opinion of Gathered Here, no longer commercially viable; or
- for convenience.
Subject to local applicable laws, Gathered Here reserves the right to discontinue or cancel your membership or listing at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Gathered Here’s name or reputation or violates the rights of another party.
The Services offered by Gathered Here are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any clause or provision of these Terms is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms without affecting the enforceability of all remaining clauses and provisions.