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’).
These terms and conditions (‘Terms’) set out your rights and responsibilities when you use the Website, including but not limited to:
- browsing the Website;
- leaving comments on the Website;
- using the comparison services;
- using the quote request services;
- listing on the Website;
- opting-in to Gathered Here’s fee-based services;
- having your services and/or goods available for purchase through the Website;
- purchasing services or goods through the Website; and
- any other services provided by Gathered Here,
By using the Website and/or any of the Services, and/or clicking to accept or agree to the 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 binding contract between you and Gathered Here.
If you do not agree with the Terms, you must cease usage of the Website and Services 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 and/or Services 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.
Use of the Website and Services
Gathered Here grants to you a worldwide, non-exclusive, royalty-free, revocable licence to:
- use the Website and the Services 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 Services, Website or the content. All other rights are expressly reserved by Gathered Here.
Your use of the Website and the Services 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 and/or the Services. Neither we nor anyone else involved in creating, producing or delivering the Website and the Services, our e-newsletters, or the materials contained therein assume 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 the Website and/or the Services.
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, or the provision of the Services.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the Website, the Services, our systems or data or those of any third party via the Website.
Researching and planning funeral services and burial monuments
With the exception of the Purchase Price paid for funeral services, funeral celebrants, burial monuments and/or other goods or services purchased through the Website, there are currently no mandatory fees for users researching and/or planning funeral services, funeral celebrants and/or burial monuments by using our Website, the content and/or the Services (‘Members’).
Fee-based programs for Vendors
Fee-based subscriptions and/or services are available for professionals, facilities, companies or entities offering products and services related or connected to funerals and to burial monuments (‘Vendors’).
Vendors may opt in to services offered by Gathered Here and/or have their account listed in a Gathered Here vendor directory. Vendor services and listing options can be found on our information pages for funeral homes and funeral directors, for funeral celebrants or for monumental masons, as applicable. 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.
For the avoidance of doubt, all Vendors are independent third party providers who are not employed by Gathered Here or any of its affiliates.
Purchasing Funeral Services Through the Website
The Website enables users to use the Services to purchase funeral services and goods from Vendors under agreement with Gathered Here. Not all funeral services and goods are available to purchase using the Services, only those specified as such.
Gathered Here makes no guarantee that you will be approved for finance necessary to purchase funeral services and/or goods using the Services.
You acknowledge that Gathered Here does not provide funeral services or goods or function as a funeral director or supplier and that all such funeral services or goods are provided by independent third party Vendors. Gathered Here does not make any warranties about those funeral services and goods. Any legal claim related to a funeral service or good that you purchase must be brought directly against the Vendor. You release Gathered Here from any claims related to services and/or goods sold through our Services.
Appointment of Gathered Here as Limited Collection Agent for Vendors
Each Vendor appoints Gathered Here as its agent for the limited purpose of receiving, holding and settling payments to the Vendor for funeral services and goods purchased by Members through use of the Services.
Gathered Here lists prices for funeral services and/or goods supplied by Vendors, which are available to purchase using the Services. These prices are intended only as a guide. Prices may change at any time, and can be adjusted on a case by case basis at the discretion of the relevant Vendor.
The actual price a Member must pay for funeral services and/or goods purchased using the Services will be the price listed on the Website, as adjusted (if at all) and notified to the Member by the relevant Vendor (‘Purchase Price’).
A Member may use the Services to purchase funeral services and/or goods from a Vendor provided they have (i) sought approval from that Vendor for the purchase; and (ii) confirmed with the Vendor the Purchase Price. Members must input and pay the relevant Purchase Price when using the Services to make their purchase.
To the extent permitted by law, we (and our assignees) exclude all liability for any loss or damage suffered or incurred by you (whether directly or indirectly) where a zipMoney account is used fraudulently or in an unauthorised manner.
Settlement of payments
Gathered Here will settle payments that are actually received by Gathered Here to the relevant Vendor, less any amounts owed to Gathered Here and subject to these Terms.
Where Gathered Here receives a payment from a Member, we will confirm as soon as possible with the relevant Vendor that the Member paid the actual Purchase Price.
Where the Vendor confirms that the Member paid the actual Purchase Price, we will deposit the Purchase Price, less the Transaction Fee, in the Vendor’s nominated bank account within 3 business days of receipt of the Vendor’s confirmation (‘Completed Purchase’). The Transaction Fee is calculated as a percentage of the Purchase Price, as communicated to the Vendor from time to time. For the avoidance of doubt, Gathered Here may modify the Transaction Fee with prior notice to the Vendor.
Gathered Here will notify the Vendor of the Completed Purchase by email. We will notify the Member by email of the Completed Purchase.
Where the Vendor confirms that the Member did not pay the actual Purchase Price, the purchase will be cancelled and the funds paid will be refunded to the Member (‘Cancelled Purchase’). The Member may then re-purchase the services and/or goods at the correct Purchase Price.
Gathered Here may change the Transaction Fee at any time, with prior notice to Vendors.
In some cases, deposits to Vendors’ bank accounts could be temporarily delayed by an issue at Gathered Here, our service providers, or at a Vendor’s bank. We will do our best to communicate with the affected Vendors as soon as we can.
Gathered Here makes it possible for Members to utilise the Services to purchase certain funeral services and/or goods, and to finance those funeral services and/or goods using zipMoney (‘zipMoney Purchase’). For more information about zipMoney Purchases visit our zipMoney FAQs.
Subject to the conditions listed below, where a Member makes a zipMoney Purchase, and sends an email to firstname.lastname@example.org not less than 3 months, but not more than 6 months, after the date of the zipMoney Purchase, and provides the following details:
- Member’s full name, phone number and email (matching the details of your zipMoney
- total of the establishment fee paid to zipMoney (‘zipMoney Establishment Fee’);
- total of the monthly administration fees paid to zipMoney in the first 3 months following the date of purchase (‘zipMoney 3 Month Admin Fee’); and
- account number and BSB of the bank account to which you want us to transfer the
Gathered Here will rebate to the Member the zipMoney Establishment Fee and zipMoney 3 Month Admin Fee.
The maximum rebate for a zipMoney Establishment Fee available to a Member is the zipMoney establishment fee applicable to the lowest zipMoney credit limit within which the Member’s Purchase Price falls. For example, if a Member’s Purchase Price is $2,500, then the lowest zipMoney credit limit within which this Purchase Price falls is $3,000. The zipMoney establishment fee for a $3,000 credit limit is $49. Provided that the Member provides an email complying with the above to Gathered Here, we will rebate to the Member the zipMoney Establishment Fee of $49. However, if the Purchase Price is $2,500 but the Member applies for a credit limit of $5,000 and thus pays a zipMoney Establishment Fee of $99, Gathered Here will only rebate $49.
Gathered Here will process the rebate within 5 business days of receiving an email that complies with the above.
Subject to the Rebate clause, and with the exception of Cancelled Purchases, funds paid to purchase funeral services and/or goods using the Services are non-refundable. Any refunds and/or discounts offered to a Member by a Vendor are strictly between the Vendor and the Member.
Authorisation to credit and debit accounts
Should you opt in to 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 and using fee-based Services 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.
We reserve the right, in our sole discretion, to seek reimbursement from a Vendor in any of the following circumstances:
- we discover erroneous or duplicate transactions related to a Vendor;
- a Vendor does not act in accordance with these Terms.
We may obtain reimbursement of any amounts owed by a Vendor to us by deducting from future payments owed to the Vendor, charging the Vendor’s credit card on file, or seeking reimbursement from the Vendor by any other lawful means, including by using third-party collections services. You authorise us to use any or all of the foregoing methods to seek reimbursement.
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, designs and reviews) 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 the 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 and/or the Services 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 to any or all of the Services, 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 goods and services. You acknowledge that Members may leave ratings and reviews about you and/or your goods and services 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 and the Services, 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, Trademarks and Intellectual Property
The entire contents and design of the Website, including all trademarks, 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.
The Website and Services are provided on an ‘as is, with all faults and as available’ basis and to the extent permitted by law without any representations or warranties of any kind, either express, implied or statutory, 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, or any part of the Services, is accurate, complete, appropriate, reliable or timely. We also make no representation or warranty that your access to and use of the Website and/or the Services will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components.
We make no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of our Website, the Services, directories or any services or goods requested or purchased through the Website. We do not guarantee the quality, suitability, safety, expertise or ability of Vendors or other third party providers. You agree that the entire risk arising out of your use of the Website and the Services, and any service or good requested or purchased in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
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 we 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, expertise, quality, suitability, 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 Services to locate, or purchase services and/or goods from, 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, or purchase of services and/or goods from, a professional, facility, company or entity or for the services and/or goods 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 to 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 services and the purchase of funeral services, funeral celebrant services and/or burial monuments. 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 directories, Website or Services.
The Website may contain links to websites 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 website 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 website 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 of the Services and/or 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 the Services and/or 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 and/or the Services shall not exceed AU$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, exemplary, consequential or punitive, related to, in connection with, or otherwise arising from any use of the Website and/or the Services 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 the Services, or resulting from the act or omission of any other party involved in making the Services or 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 Services or 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.
Neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable for any damages, liability, or losses arising out of any transaction or relationship between Members and Vendors or any other third party provider, even if we have been advised of the possibility of such damages. We will not be liable for delay or failure in performance resulting from causes beyond our reasonable control.
We are in no way responsible for the recommendations or comments posted about you or your services by Members on our site. 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.
Subject to these Terms, we will not assist you to reach an agreement with Members; nor assist you to provide goods and services to Members. 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 or a Vendor, is between you and the Member or the Vendor, as applicable, and we will not be a party to that dispute.
You release us from any claims, demands, and damages arising out of disputes with other Members, Vendors or parties.
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 breach or violation of these Terms, 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), or use of the Services, or services or goods obtained through use of the Services, 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 Service/s 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.
Gathered Here reserves the right to change, suspend, or discontinue any of the Services, and/or the Website, at any time, for any reason. We will not be liable to you for the effect that any changes to the Website and/or the Services may have on you, including your income or your ability to generate revenue through the Website and/or the Services.
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 and/or the Services, 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.
The Terms will remain in effect even after your access to the Website and/or the Services is terminated, or your use of the Website and/or the Services ends.
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.
No joint venture, partnership, employment or agency relationship exists between you, Gathered Here, any Vendor or any Member as a result of the contract between you and Gathered Here or use of the Website or Services.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have 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.