Funeral Home Terms

Thank you for visiting our website.

The website is owned and operated by Chip Holdings Limited (Company Number 6211187) and its related entities (“CHL”).

In these Terms and Conditions, "our website" refers to all information, services, text, graphics and other data contained under the domain name funeralsdirect.co.nz (excluding website links); "we", "our", and "us" refers to CHL and its related entities; and "you" or "your" refers to you, the provider of funeral products and services, accessing our website.

 

Acknowledgement

 

Your use of our website is governed by these Terms and Conditions. Your access, creation of an account with us and use of our website constitutes your agreement to these Terms and Conditions.

We are the owner and operator of our website.

Our website provides the consumer with the ability to create a binding funeral plan with a funeral home of the consumer’s choice by the consumer inputting the products and services that the consumer requires (“services”). Our website provides funeral homes with the ability to input their services and costs of such services (“providers”). The consumer receives 3 quotes from the 3 providers which best suit the consumer’s stated requirements. We determine, at our sole discretion, if the provider’s products and services are one of the three on our website most applicable to the consumer’s needs.

The consumer may elect 1 quote. Providers are bound by their quote for a period of six months. The consumer is linked directly to the provider to action the quote.

Our website grants providers the ability to quote for a consumer’s package and, if selected by the consumer, provide the services required by the consumer.

By creating an account with us you wish to be a provider and quote for the provision of services to the consumer by inputting your products, services and costs into the website and for a quote to be provided for consideration by the consumer if your quote is one of the three most applicable to the consumer’s needs.

Any failure or partial failure by us to exercise any right, power or remedy under these Terms and Conditions shall not operate as a waiver of our rights.

These Terms and Conditions may be varied at any time without notice (where permitted by law) for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of our website, and/or the cost of the same to you, by publishing the varied Terms and Conditions of Use for Funeral Homes on our website.

We will indicate on our website that these Terms and Conditions have changed; however, we are under no obligation to specifically contact or notify you of any variation to these Terms and Conditions. You accept that by doing this, we have provided you with sufficient notice of the variation. By your use of our website after any variation, you are taken to have accepted the new Terms and Conditions of Use for Funeral Homes.

 

Accuracy

 

Whilst we have undertaken all reasonable steps to ensure that all information contained in our website is accurate and free from error, we do not warrant the accuracy, adequacy, or completeness of information on our website. All information is subject to change without notice. We do not guarantee that our website, or websites of those linked to our website, will function as intended, be uninterrupted, or will be free from viruses. You should take precautions.

 

Indemnity

 

Should you do anything in breach of these Terms and Conditions; you agree to indemnify us in respect of any liability incurred by us for any loss or damage that we may suffer or any costs that may be incurred arising from your breach.

 

Restrictions on Use

 

In using our website, you agree that you will not either directly or via any third party:

1. use our website for any other purpose, other than as a legitimate provider of services or for a non­-commercial purpose;

2. take any action which may disrupt access to; cause damage; or interfere with; the proper operation of our website;

3. take any action that places an unusually large load on the infrastructure of; or bandwidth connecting to; our website;

4. take any action that include the use of any data accumulation tool, robot or spider to compile, disseminate, extract, process, monitor, or copy any web pages from our website, inclusive of any information, data, graphics or content contained within our website;

5. take any action that involves decompiling, reverse engineering, reverse assembling, attempting to reveal source code or other processes or formulas, connected with our website software;

6. copy, reproduce, alter, modify, or display in public any part or content from our website;

7. link any part of our website without our authorisation and written permission.

 

Your obligations

 

You must:

(a) Accurately input all your services and the costs of the same into our website and update such information as is necessary and you are solely responsible for the accuracy of such information;

(b) Be bound in all respects to all pricing inputted into our website by you, from the date of quoting to the consumer and for a period of six (6) months thereafter, irrespective of the accuracy or otherwise of the information inputted by you;

(c) Provide and perform the services in accordance with the consumer’s requirements, or otherwise to the highest industry standards and so to promote and further the interests of you and us;

(d) Not delegate or have any other person or entity perform your obligations under this agreement or any quote for services to a consumer;

(e) Provide, at your own cost, all the products and resources necessary to provide the services and to enable the performance of your obligations under this agreement and to perform any quote for services given to a consumer;

(f) Comply with our reasonable directions and instructions in relation to our website;

(g) Comply with any relevant laws or regulations applicable to the conduct of the services; and

(h) In all respects conduct yourself in a competent and professional manner.

 

Our obligations

 

We must:

(a) Do all things reasonably necessary to ensure the continued and efficient operation of our website and representation of you on the website;

(b) Undertake immediately upon receipt of the sum referred to below to engage with our web designer to establish your profile on the website;

(c) Act impartially, in good faith and with honesty and integrity between the providers of products and services who are on the website; and

(d) In all respects conduct itself in a competent and professional manner.

 

Payment

 

You will pay to us the one-off sum of $649 plus GST upon creation of your account with us as an administration fee for us to establish your profile on the website.

Thereafter we will invoice you at the cost of $7 plus GST per week. You will pay all amounts payable to us within 7 working days of receipt of the invoice from us.

 

Term of our relationship

 

Our relationship with you will commence on the date of creating an account with us and terminate in accordance with clause 5 of this agreement.

 

Termination

 

We may give notice to terminate our relationship with you or you may give notice to terminate your account with us by providing 30 days advance notice in writing.

We may terminate our relationship with you immediately and remove you from the website, if:

(a) you do not carry out the services in accordance with your quote or expeditiously and with reasonable diligence and care and in a competent manner; or

(b) you commit, or allows to be committed, any breach of these terms and conditions and you fail to remedy that breach to the satisfaction of the us, acting reasonably, within ten (10) working days of receipt of notice in writing from us requiring the breach to be remedied; or

(c) Our website is permanently disabled.

Termination of our relationship shall be without prejudice to the rights and obligations of either of us prior to termination. Termination shall also be without prejudice to any of the provisions of these Terms and Conditions which are expressed to survive termination.

 

Intellectual Property and Confidentiality

 

You acknowledge that all intellectual property and know how developed or used in connection with our website and these Terms and Conditions is and shall remain the exclusive property of us. You agree that you will not during or at any time after the termination of our relationship in any way question or dispute the ownership by us of such rights.

All information relating to our website or its operations that you may become aware of during our relationship is confidential to us and is the property of us and you shall not disclose to any person or entity such confidential information.

Copyright on the services, information, text and graphics on our website is owned or licensed by us.

No part of our website, inclusive of information, services, text and graphics, and other data may be reproduced, stored, modified, adapted, uploaded to another location, and produced for display in public in any form without our prior specific written consent.

"funeralsdirect" is a registered trademark of us.

 

Complaints

 

You must comply with industry acceptable standards in relation to any complaints you receive from the consumer as advised by us or the consumer directly. We must be advised by you immediately of any complaints you receive directly from the consumer.

 

Dispute Resolution

 

If you or us have any dispute with the other in connection with these Terms and Conditions then we will both use our best endevours to settle the dispute by agreement between us and act in good faith and co-operate with each other to resolve the dispute.

If the dispute is not settled by agreement between us within 30 days, then, unless we both agree otherwise:

(a) Full written particulars of the dispute must be promptly given by one of us to the other;

(b) The matter will be referred to mediation;

(c) Such mediation shall be completed in terms of the LEADR New Zealand Incorporated Standard Mediation Agreement.

(d) If we both cannot agree on a suitable mediator the Chair of LEADR New Zealand Incorporated shall determine the mediator.

Neither of us will initiate any litigation during the dispute resolution process outlined in the paragraph above, unless proceedings are necessary for preserving our rights; and

Both of us will continue with all obligations in these Terms and Conditions until the dispute is resolved.

This clause will not apply to any dispute directly or indirectly arising from any matter which relates to the provision of products and/or services between you and the consumer and accordingly for which we are not responsible.

 

General Provisions

 

Assignment

You shall not assign your rights under these Terms and Conditions.

Our Liability

We are not liable to you for any claims, damages, penalties, losses or any other costs you incur due to incorrect input of your information in our website for which you become bound, or in providing services to the consumer.

No Action By Third Parties

These Terms and Conditions are not intended to confer legally enforceable benefits on any person who is not us or you and no third party may enforce any of the provisions of these Terms and Conditions.

Entire Agreement

These Terms and Conditions shall supersede all previous negotiations, commitments and / or writings.

Notices

Any notice given pursuant to these Terms and Conditions must be in writing and may be served personally or sent by registered mail or by facsimile transmission or by email to the last known address of you or us as the case may be.

Relationship

Nothing in these Terms and Conditions should be interpreted as constituting either of the us or you as an agent, partner or employee of the other and neither us or you may represent to anyone that:

(a) It is the other party or is an agent, partner, trustee, joint venture partner or employee of the other party; or

(b) It has any power or authority to incur any obligation of any nature on behalf of the other party.

Partial Invalidity

Each term of these Terms and Conditions is separately binding. If any provision in these Terms and Conditions is lawfully held to be illegal, unenforceable or invalid, this will not affect the remainder of these Terms and Conditions which will remain in force.

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