TERMS OF USE

 

 

This website is operated by InvoCare Australia Pty Limited (ACN 060 060 031) (InvoCare).

These Terms of Use (Terms of Use) contain the terms and conditions that govern your access to, and use of, this website and all associated websites owned and operated by InvoCare and/or its related bodies corporate (each, the Website).

These Terms of Use apply to all users of the Website, and constitute an agreement between InvoCare and you (“you” or “your”). By using the Website, you indicate that you have read and accepted these Terms of Use. By accepting these Terms of Use, you agree to be bound by them and represent to us that you have the legal capacity to accept these Terms of Use.

We may make changes to these Terms of Use from time to time for any reason. We will publish those changes on the Website. By continuing to use the Website after the changes take effect, you indicate that you have read, accepted and agree to the updated Terms of Use.

1. Website content

1.1 All intellectual property relating to the Website, including without limitation all materials, information and content on the Website (including without limitation text, software, graphics, design, photographs, images, videos, names, trade marks and layout, appearance and looks of the Website) (the Website Content) is owned by InvoCare or its related bodies corporate, and may be protected by copyright, trade marks and/or other intellectual property rights.

1.2 InvoCare does not grant to you any licence or right in, or assign all or part of, its intellectual property rights in the Website Content or the Website.

1.3 The Website Content is provided for your personal and non-commercial use only, unless otherwise authorised by InvoCare.

1.4 You acknowledge and agree that:

(a) you will not modify, copy, reproduce, publish, republish, disseminate, circulate or distribute in any way any part of the Website or Website Content without the express prior written consent of InvoCare;

(b) you will not do anything with the Website (including the Website Content) that is not expressly authorised by these Terms of Use.

2. Use of the Website

2.1 You acknowledge and agree that you will:

(a) abide by all applicable copyright laws (and other applicable intellectual property laws); and

(b) use the Website in a responsible manner, and in compliance with all relevant laws, regulations, standards or codes.

2.2 You agree that you will not:

(a) use the Website or any Website Content for any purpose that is unlawful or prohibited by these Terms of Use;

(b) store in any electronic or other medium, publish, distribute, communicate to the public, change, modify, adapt, manipulate, reverse engineer, decompile, distort or enhance any of the Website Content including by “scraping” any Website Content;

(c) incorporate or merge any of the Website Content with any other material, including advertising or promotional material;

(d) transmit, distribute, post or submit any information concerning any other person or entity without their permission (including without limitation names, photographs, or any other information relating to that person or entity);

(e) defame, harass, threaten, menace or offend any person;

(f) attempt to use any device or software to modify, remove, deface, hack or otherwise interfere with the Website or any Website Content; or

(g) knowingly transmit any virus, worm, trojan horse or other disabling feature to or through the Website.

2.3 If you breach these Terms of Use, notwithstanding any other rights that InvoCare may have, InvoCare may, without notice to you, block you from the Website.

3. Disclaimer

3.1 Unless specified otherwise, any Website Content made available on the Website is general information only, and does not take into account your specific circumstances.

3.2 You acknowledge that your use of the Website (including the Website Content) is at your own risk.

3.3 Unless specified otherwise, InvoCare (and its related bodies corporate) does not make any representation or warranty, whether express or implied, about the Website or the Website Content, including without limitation in relation to:

(a) the accessibility or operation of the Website; or

(b) the accuracy, reliability, timeliness, correctness, completeness or suitability of the Website Content; or

(c) the accuracy, reliability, security, confidentiality, correctness, compatibility of the Website,

and to the fullest extent permitted by law, InvoCare (and its related bodies corporate) excludes all representations and warranties relating to the Website or Website Content.

3.4 InvoCare may amend or remove any Website Content at any time.

4. Liability

4.1 To the maximum extent permitted by law, InvoCare excludes all liability for any loss, damage, costs or expense (whether direct, indirect, special and/or consequential loss) suffered by you or any third party, or claims made against you or any third party, which arise out of or in connection with your use of, or your inability to use, the Website or the Website Content.

5. Indemnity

5.1 You indemnify InvoCare (and its related bodies corporate) from and against any loss, claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses) incurred or suffered by InvoCare (or its related bodies corporate) and any of its officers, employees or agents, which arise from, or in connection with:

(a) your use of the Website;

(b) a breach by you of these Terms of Use;

(c) any deletions, additions, insertions, or modifications to, or any unauthorised use of, the Website or Website Content by you; or

(d) any wilful, unlawful or negligent act or omission by you.

6. Third party websites

6.1 The Website may contain links to websites owned and operated by third parties. Unless otherwise stated, InvoCare does not control, endorse, sponsor or approve any such third party websites or their content.

6.2 If you access a third party website through the Website, you do so at your own risk. InvoCare is not liable for any loss or damage (including special, indirect or consequential loss) that you incur or suffer arising from your use of or access to any third party website.

7. Privacy

7.1 InvoCare’s Privacy Policy forms part of these Terms of Use and apply to your use of the Website. InvoCare’s Privacy Policy is available: https://www.invocare.com.au/privacy-policy/.

8. General

8.1 These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia.

8.2 If any of the terms in these Terms of Use are invalid, unenforceable or illegal, that term will be severed and the remainder ofthese Terms of Use will continue to have full force and effect.

8.3 Any failure by InvoCare to enforce any of its rights under these Terms of Use will not be treated as a waiver by InvoCare of those rights.

Last Update: 20 November 2019