Terms & Conditions   If you're ready to order your on-line memorial, please read the Terms and Conditions below and click on "I accept" to proceed to the next step. If you do not accept the Terms and Conditions, please click on "I do not accept" and you will be taken back to the Memories e-ternal home page. TERMS AND CONDITIONS OF USE 1. Definitions 1.1 In these terms and conditions of use a reference to: 'Agent' means the entity authorised by the Board to sell 'On-line Memorials' on its behalf; 'Customer Form' means the On-line Memorial Customer Form attached to the Terms and Conditions; 'MCB' means the Metropolitan Cemeteries Board established pursuant to the Cemeteries Act 1986 (Western Australia) of Karrakatta Cemetery, Railway Road, Karrakatta, Western Australia; 'On-line Memorial' means a memorial created for display on the Website; 'Price Option' means a price option in relation to payment for the Services as established pursuant to Clause 6; 'Services' means the services provided by MCB and its Agent in assisting the User to create and maintain an On-line Memorial and the display of the On-line Memorial; 'Term' means the term of 25 years from the date of acceptance of the Terms and Conditions by signing and dating the Customer Form and returning it to the Agent; 'Terms and Conditions' means these terms and conditions, as amended from time to time; 'User' means you; and 'Website' means the website operated by MCB at a site nominated by MCB. 2. Amendment to Terms and Conditions 2.1 MCB may update or change the Website including amending the Terms and Conditions from time to time without prior notice. 2.2 The User must regularly check the Terms and Conditions. 2.3 The User's continued use of the Website following any amendments to the Terms and Conditions means that the User accepts those amendments. 3. Intended Audience 3.1 The Website is intended for the use of Australian residents. 3.2 Information on the Website relating to goods and services has been prepared in accordance with Australian law for the supply of good and services in Australia. This information may not satisfy the laws of any other country. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing the Website, it is not directed at you and cannot be relied upon by you and you are unable to order any goods or services from this Website or by way of the Customer Form. If you do, you agree to indemnify MCB and its Agent for any losses, costs, expenses or damages MCB or its Agent may suffer as a consequence. 4. Contract Formation 4.1 Nothing in the Website is to be construed as an offer to enter into a contract with MCB in relation to the provision of any goods and/or services. The Website and the goods and services displayed within it is an invitation to treat only. 5. The Service 5.1 Subject to this Agreement, MCB will provide the User with the Services for the Term, unless terminated earlier in accordance with this Agreement. 5.2 MCB may vary the Services from time to time at its discretion.  5.3 MCB reserves the right to accept, reject or accept subject to conditions any request for an On-line Memorial. 5.4 If MCB is unable or refuses to provide the Service for any reason, MCB or its Agent will advise the User of that fact as soon as practicable. 6. Price and Payment 6.1 MCB or its Agent will advise the User of one or more Price Options for the Service. This may be done in writing or may be displayed on the Website. 6.2 MCB may vary the range of Price Options and the Services provided under any or all Price Options, including cancellation of particular Price Options, at its sole discretion. 6.3 MCB may vary the amount payable under any or all Price Options at its sole discretion. 6.4 The User must nominate a particular Price Option when requested to do so by MCB or its Agent. The User may change to a different Price Option with the approval of MCB. 6.5 The User agrees to pay the amounts due under the nominated Price Option. 6.6 All payments for the Service may be made by credit card. 6.7 The User hereby authorises MCB and its Agent to: (a) disclose the supplied credit card details to, and obtain information from, any financial institution to verify the supplied credit card details; (b) obtain a credit status report of the supplied credit card; and (c) charge any and all fees owing to MCB or its Agent by the User to the given credit card. 6.8 If payment is not received by the financial institution that issued the credit card, the User will pay any debt owing to MCB immediately. 6.9 Payment will be considered received once the amount paid by the User is received by MCB or its Agent in immediately available funds. MCB reserves the right to refuse to provide the Service after payment has been received and will refund the payment. 6.10 All prices specified on the Website are in Australian Dollars and subject to change without notice. If applicable, the User is required to pay all delivery charges, any applicable taxes and exchange fees. 6.11 Unless stated otherwise, the prices do not include any amount on account of Tax. If any Tax is payable by MCB or its Agent in relation to the purchase of goods or services, MCB or its Agent will increase the amount payable by the User on account of the Tax. 'Tax' means any tax including any goods and services tax, withholding tax, charge, rate, duty or impost imposed by any authority, but does not include any income or capital gains tax. 7. Termination 7.1 The User may terminate this Agreement at any time by advising MCB or its Agent in writing. In such an event, the User's obligations to pay any and all amounts due pursuant to this Agreement are not affected. 7.2 MCB may terminate this Agreement at any time. In such an event, MCB will, on application from the User, refund the User any moneys paid on a pro rata basis. 7.3 MCB may terminate this Agreement with immediate effect where: (a) the User has breached any provision of this Agreement; or (b) MCB has been informed that any material contained in the On-line Memorial: (i) infringes or may infringe the intellectual property rights of a third party; (ii) is defamatory or may be misleading or deceptive or offensive. 8. On-line Memorial Content 8.1 The User may provide material to be displayed on the On-line Memorial. The User authorises MCB to display the material on the Website. 8.2 MCB or its Agent or both may review material provided for display on the On-line Memorial and may edit or delete any such material for any reason and at its sole discretion without the consent of the User.  8.3 The User agrees not to provide materials on the On-line Memorial which is defamatory, misleading or deceptive, obscene, offensive or that infringes the rights of others, including copyright. 8.4 The User will not use the On-line Memorial to advertise or promote good or services or to solicit money or clients. 8.5 The User warrants that: (a) the User has the legal right to authorise MCB to display the material; (b) the material provided for display on the On-line Memorial does not infringe the intellectual property rights, including copyright, of others; (c) where the User does not own the copyright in the material, the User has obtained the consent of the copyright owner to: (i) display the material on the On-line Memorial; and (ii) use the material as described in the Terms and Conditions; and (d) where the material relates to a living person, the User has obtained the consent of the person to:  (i) display the material on the On-line Memorial; and (ii) use the material as described in the Terms and Conditions. 9. Copyright  9.1 The content on the Website is subject to copyright. The User may view, download and print the information contained on the Website, but only for the User's private non-commercial purposes and provided that the User does not remove any copyright notices or any MCB trade mark or logos. 9.2 The User may not post material from the Website on another website or on a computer network without MCB's permission. 9.3 The User may not use the Website or information found at the Website for selling or promoting products or services, soliciting clients or other commercial purposes. 10. Trade Marks  10.1 The trade mark 'MCB' and other names, logo and trade marks of MCB referred to in the Website are trade marks of MCB. Other product and company names mentioned in the Website may be the trade marks of other people or entities. The User must not use, modify or permit the modification of any of the trade marks in any way.   11. Links to Other Sites 11.1 For the User's convenience and information, the Website may contain links to other sites. MCB makes no representation or warranty as to the accuracy, currency or any other aspect of the information on those linked sites. A link to another site should not be construed as an endorsement or recommendation by MCB of any information, goods or services on that other site.   12. Linking to the Website  12.1 The User may only link to the Website with the express written permission of MCB. Any links, if allowed, must only link directly to the Website's homepage (and no other pages within the Website) unless otherwise agreed by MCB in writing.   13. Virus Warning 13.1 The Internet and the World Wide Web are unsecured public networks. The User acknowledges and agrees that (and, to the maximum extent allowable by law, will be responsible for any loss or damage caused by the following): (a) information sent to or from this online area may be intercepted, corrupted or modified by third parties; or (b) files obtained from or through this online area may contain computer viruses or other defects. 14. Liability and Disclaimer 14.1 At the date that any information was placed on the Website, the information was believed to be correct. However, MCB or its Agent is not liable to the User or anyone else if errors occur in the information on this Website or if that information is not up to date. 14.2 MCB will take all reasonable precautions to prevent unauthorised access to the On-line Memorial or the Website. However, where unauthorised persons do gain access to the On-line Memorial or the Website, MCB, its Agent, related bodies corporate or its employees, representatives, suppliers or contractors will not be liable for any damages of any kind, including without limitation any compensatory, incidental, direct, indirect, special, punitive or consequential damages, loss of use, loss of data, loss of income or profit, loss of or damage to property, loss of or damage to reputation, claims of third parties or other losses of any kind, arising out of or in connection with the unauthorised person's access to the On-line Memorial or the Website. 14.3 MCB, its Agent, related bodies corporate or its employees, representatives, suppliers or contractors will not be liable for any damages of any kind, including without limitation any compensatory, incidental, direct, indirect, special, punitive or consequential damages, loss of use, loss of data, loss of income or profit, loss of or damage to property, claims of third parties or other losses of any kind, arising out of or in connection with the use of, or inability to use, the On-line Memorial, the Website or any Website with which the Website is linked. 14.4 The Terms and Conditions do not modify or exclude any condition or warranty implied into the these Terms and Conditions or any liability imposed on MCB or its Agent by any Australian law (including the Trade Practices Act) if to do so would contravene that law or make any part of this clause void. 14.5 To the extent permitted by law, MCB and its Agent excludes all conditions and warranties implied into these Terms and Conditions and limits its liability for breach of any implied condition or warranty that it cannot exclude to the greater of (at MCB's option):  (a) the resupply of any services purchased; or (b) the purchase price paid by you to MCB for that service.  15. Indemnity The User agrees to fully indemnify and hold MCB and its Agent harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) incurred by MCB, its Agent, related bodies corporate, directors, employees and representatives arising out of or in connection with a breach by the User of the Terms and Conditions, the User's use of the On-line Memorial or the Website, or the infringement by the User of any intellectual property or other right of any person or entity.  16. Waiver  MCB's or its Agent's failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted by MCB in writing.   17. Governing law  These Terms and Conditions will be governed and interpreted in accordance with the laws of Western Australia, Australia. In the event of a dispute out of or relating to these Terms and Conditions, or your use of or access to this Website, litigation must be brought in a State or Federal Court in Perth, Western Australia. By using this Website, you consent to the exclusive jurisdiction of those courts.  18. Interpretation If any provisions(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provisions(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.