Terms and Conditions

1. Introduction and Agreement

1.1 These Terms of Use (the Terms) govern your access to and use of this website and any associated websites owned or operated by Farewells Australia Pty Ltd (ABN 72 661 543 737) (Farewells, we, us, or our) (collectively, the Website).

1.2 By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must immediately discontinue use of the Website.

1.3 You represent and warrant that you possess the legal authority to enter into these Terms on your own behalf or on behalf of any entity you represent.

1.4 Farewells may modify or update these Terms at any time. Any changes will be effective once published on the Website. You agree to review the Terms periodically, and your continued use of the Website constitutes acceptance of any updated Terms.

2. Intellectual Property

2.1 All content, materials, text, graphics, logos, images, videos, design elements, software, and other information (collectively, Content) displayed on, or available through, the Website is owned or licensed by Farewells and is protected by applicable laws, including, without limitation, copyright and trademark laws.

2.2 Except as expressly provided in these Terms, Farewells does not grant you any license or other right to use, reproduce, modify, translate, publish, broadcast, distribute, display, or otherwise exploit the Content without our prior written consent.

2.3 Any unauthorized use of the Content may violate intellectual property and other laws. Farewells reserves all rights not expressly granted in these Terms.

3. Use of the Website

3.1 You may only use the Website in accordance with these Terms and for lawful purposes. You agree not to:

• (a) copy, reproduce, republish, adapt, upload, post, transmit, or distribute any portion of the Website or Content without Farewells’ express written permission;
• (b) interfere with or disrupt the operation of the Website, including by introducing viruses, spyware, malware, or any other harmful code;
• (c) use any robot, spider, scraper, or other automated means to access the Website or extract data, except as expressly authorized by Farewells;
• (d) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
• (e) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website; or
• (f) violate any applicable laws, regulations, or the rights of Farewells or any third party.

3.2 Farewells reserves the right, in its sole discretion, to suspend or terminate your access to all or part of the Website at any time, without notice, if you are in breach of these Terms or for any other lawful reason.

4. Disclaimer of Warranties

4.1 The Website and its Content are provided on an “as is” and “as available” basis. To the extent permitted by law, Farewells disclaims all warranties or representations of any kind (whether express or implied), including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

4.2 Farewells makes no warranty or representation regarding:

• (a) the availability, performance, or operation of the Website;
• (b) the accuracy, completeness, reliability, or timeliness of any Content; or
• (c) the suitability of the Website or Content for any particular purpose.

4.3 You acknowledge that use of the Website is at your own risk. Farewells does not guarantee that the Website or the servers that make it available are free of viruses or other harmful components.

5. Limitation of Liability

5.1 To the maximum extent permitted by law, Farewells and its related bodies corporate, officers, employees, and agents will not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages (including, without limitation, damages for loss of profits, goodwill, data, or other intangible losses) arising out of or in connection with:

• (a) your use of, or inability to use, the Website or any Content;
• (b) any unauthorized access to or alteration of your transmissions or data; or
• (c) statements, conduct, or omissions of any third party on the Website.

5.2 Where liability under any law cannot be excluded, and to the extent permitted by law, Farewells’ liability for breach of any non-excludable condition is limited to the supply of the services again or the payment of having those services resupplied.

6. Indemnification

6.1 You agree to indemnify, defend, and hold harmless Farewells and its related bodies corporate, officers, employees, and agents from any and all claims, liabilities, damages, losses, costs, and expenses (including legal fees on a solicitor and own client basis) arising from or related to:

• (a) your use or misuse of the Website;
• (b) your breach of these Terms; or
• (c) your violation of any law or the rights of any third party.

6.2 This indemnity survives the termination of these Terms and your use of the Website.

7. Links to Third-Party Websites

7.1 The Website may contain links or references to external websites owned or operated by third parties. These links are provided for convenience only and do not constitute an endorsement, approval, or recommendation by Farewells.

7.2 Farewells has no control over the content or operation of any third-party websites and will not be liable for any loss or damage arising from your use of or reliance on such websites. Your access to any third-party website is at your own risk.

8. Privacy

8.1 Farewells’ Privacy Policy forms part of these Terms. By using the Website, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

8.2 You can access our Privacy Policy at:

farewells.com.au/privacy-policy/

9. Governing Law and Jurisdiction

9.1 These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and any courts competent to hear appeals from those courts in respect of any proceedings arising out of or in connection with these Terms or your use of the Website.

10. Severability

10.1 If any provision of these Terms is found to be invalid, unenforceable, or illegal for any reason, that provision shall be severed and the remaining provisions shall remain in full force and effect.

11. Waiver

11.1 No failure or delay by Farewells to exercise any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy, nor shall any partial exercise preclude any further exercise of that right, power, or remedy.

12. Contact Us

12.1 If you have any questions regarding these Terms or the Website, please contact us at:

Farewells Australia Pty Ltd

(ABN 72 661 543 737)

285E Pennant Hills Road Carlingford NSW 2118

T: 1800 805 601