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Legal Matters

  1. Website Terms of Use

  2. Privacy Policy

  3. Purchasing Terms and Conditions

Website Terms of Use

1.    Purpose

The purpose of this Terms of Website Use (Terms of Use) is to establish guidelines to define the rights and responsibilities of users (user) of Rookwood General Cemetery (RGC) websites and online facilities.

2.    Scope

These Terms of Use apply to everyone that accesses and uses RGC websites or online facilities. 

By accessing RGC websites and online facilities, the user agrees to be bound by the Terms of Use.  If the user has objections to the Terms of Use, they should refrain from accessing these online services.

3.    Definitions

  • User – Everyone that visits and interacts with RGC websites and online facilities.
  • Terms of Use – Guidelines defining the rights and responsibilities of users accessing RGC websites and online facilities.

4.    References

  • Copyright Act 1968 (Commonwealth)

5.    Guiding Principles

5.1   Lawful Purposes

The user must use RGC websites and online facilities only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of these services by any third party.

This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption to this website.

The user must not post or transmit via RGC websites and online facilities any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.

5.2  Copyright

Copyright in the material on RGC websites and online facilities is owned or licensed by RGC.

Except where necessary for viewing the material on RGC websites and online facilities on a browser, or as permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws or these terms of use, no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of RGC.

5.3   Other Websites

RGC websites and online facilities contain links to external websites that relate to and/or support the services delivered by RGC.  RGC is not responsible for maintaining or updating the information on these external websites.  Links to external websites should not be interpreted as an endorsement, approval, recommendation or preference by RGC to any information on the external sites.  RGC makes no warranties and accepts no liability in relation to material contained on external sites.

5.4   Warranties

When providing information via RGC websites and online facilities, the user warrants that they will not misrepresent themselves or impersonate another person or entity.  The user also warrants that they will not solicit RGC clients, stakeholders, staff or interested third party for your own purposes.

5.5   Disclaimer

Whilst RGC ensures due and reasonable care is taken to provide accurate information, RGC does not guarantee the accuracy, adequacy or completeness of the material on RGC websites and online facilities. All information is subject to change without notice.

Privacy Policy

1.  Purpose

The purpose of this Privacy Policy is to provide a framework and establish guidelines for Rookwood General Cemetery (RGC) procedures for collecting, protecting, using and sharing information collected from those individuals that use our services.

RGC strives to conduct business in an ethical manner, accordingly this policy adheres to the Privacy Act 1988 (Commonwealth), which details a number of principles concerning the privacy of individuals.

2.  Scope

This policy applies to everyone that utilises RGC’s websites, online facilities and/or provides information to RGC’s client services personnel.  

Individuals providing personal information to RGC can be assured that their privacy will be protected.  If an individual has objections to this policy, they should refrain from providing their personal information; however, this may limit the level of service RGC is able to provide.

3.  Definitions

  • Personal information – Any information that may be used to identify an individual, including, but not limited to, first and last name; home, business or other physical address; telephone number; and email.
  • Non-personally identifiable information – Any information that may be collected from visitors to a website, including, but not limited to, browser type, version and language, operating system, pages viewed while browsing the website, page access times and referring website address.

4.  References

  • Privacy Act 1988 (Commonwealth)

5.  Guiding Principles

5.1   Collection of Personal Information

There are many aspects of RGC’s websites, online facilities and client service processes that can be utilised without providing personal information.  However, there are occasions when individuals engaging with RGC will be required to submit personal information, for example when booking services, submitting feedback, applying for employment and/or contracts, and completing online forms.

5.2   Protection of Personal Information

RGC takes all reasonable technical and organisational precautions to protect an individual’s personal information from unauthorised use or alteration.  The personal information RGC collects is held in a combination of secure computer storage facilities and paper-based files.

Our users can also play an important role in keeping personal information secure by maintaining the confidentiality of any account names and passwords.

5.3   Use of Personal Information

Subject to legislation, any personal information provided to RGC is only used to deliver the service that has been requested.

From time to time, we may use our user’s personal information to send communications or to provide additional information about RGC services.  When doing this we will let users know they can opt-out from receiving our communications and we will provide easy to follow steps enabling them to do so.

5.4   Sharing of Personal Information

RGC may engage third-parties to provide services on our behalf, including, but not limited to, funeral directors, stonemasons and couriers.  Sharing of personal information to these service providers is highly restricted and RGC will only share the personal information required to deliver the service in question.  RGC takes all reasonable steps to ensure these third-party service providers are bound by confidentiality and privacy obligations in relation to the protection of the personal information provided to RGC.

RGC will not share or sell an individual’s personal information with unrelated and/or unaffiliated third parties for marketing purposes.

5.5   Quality of your Personal Information

To ensure the personal information we collect is accurate and up to date, we record information in a consistent format, update existing records when required, and/or verify our data for accuracy.

To assist us with keeping personal information up to date, uses are encouraged to contact us when their information changes, for example e.g. change of name or address).

5.6   Accessing and Updating Personal Information

All individuals that submit personal information to RGC have a right to access and/or update this information, subject to exceptions allowed by law.  To do so, RGC can be contacted as per Section 5.10 of this policy.  For security reasons individuals may be required to put requests in writing.  RGC reserves the right to charge a fee for searching for and providing access to personal information on a per request basis.

5.7   Collection and Use of Non-Personally Identifiable Information

With specific reference RGC websites, RGC collects non-personally identifiable information from website visitors.  This non-personally identifiable information is used internally for the purpose of determining website traffic and trends, and delivering personalised content to website visitors.

From time to time, RGC may use customer information for new, unanticipated uses not previously disclosed in this policy.  If our information practices change at some time in the future, RGC will use for these new purposes only data collected from the time of the policy change.  Moving forward RGC will adhere to the updated practices.

5.8   Third-party Websites

RGC websites and online facilities contain links to external websites that relate to and/or support the services delivered by RGC.  RGC is not responsible for the privacy practices of these websites.

5.9   Changes to this Privacy Policy

RGC reserves the right to make amendments to this policy at any time.  All changes will be published on our website at such time.

5.10 Contacting Us

RGC welcomes feedback and/or questions regarding this policy.  For further information, contact the office during the following hours:

  • 7.30 am – 4.00 pm, Monday to Friday
  • 9:00am – 12:00pm, Saturday
  • 9:00am – 3:00pm, Sunday

Via the following methods:

  • Phone 02 8575 8100
  • Post Rookwood General Cemetery (RGC)
    Hawthorne Avenue, Rookwood NSW 2141 Australia
    PO Box 291, Lidcombe NSW 1825 Australia
  • Email info@rookwoodcemetery.com.au

Purchasing Terms and Conditions

1. General

1.1 This Agreement applies to all orders for goods and services (Supplies) placed by the Rookwood General Cemeteries Reserve Land Manager (RGCRLM) to you, the supplier.

1.2 There may be additional terms and conditions in the order or in the contract between you and RGCRLM. If there is any inconsistency, the provisions of the order, then the contract prevail over this Agreement.

1.3 No other terms or conditions, nor any variations, apply unless agreed in writing.

1.4 Your provision of the Supplies constitutes your acceptance of this Agreement.

2. Price and Payment

2.1 Your quoted price is fixed and inclusive of all taxes, including GST, insurance, freight and delivery costs including costs associated with the return of Supplies wrongly supplied or defective Supplies.

2.2 Provided that RGCRLM has accepted the Supplies, RGCRLM will pay you within 30 days of receiving a valid tax invoice and any other information requested. Please include purchase order number in all your invoices.

2.3 Please send tax invoices by email to accounts@rookwoodcemetery.com.au

2.4 To register as a small business supplier, visit the Department of Finance, Services & Innovation (https://www.finance.nsw.gov.au/doing-business-ofs/registering-industry-small-business-supplier) website.

2.5 Please address any complaints about late payments by contacting us on (02) 8575 8100.

3. Delivery and Acceptance

3.1 You must provide the Supplies on the date, time and place specified by RGCRLM. Time is of the essence.  You must use all reasonable commercial endeavours to ensure that any delivery is made on time.

3.2 RGCRLM reserves the right to cancel any order at any time prior to delivery.

3.3 You assume all risk in the Supplies until the RGCRLM accepts them. RGCRLM will usually inspect the Supplies on delivery and, if satisfied that they meet the specifications, will accept them. Title to the Supplies transfers to RGCRLM when RGCRLM accepts the Supplies.

3.4 You bear the cost of storing, handling and returning any Supplies that RGCRLM does not accept.

3.5 You must ensure that all invoices, packing slips and other documents have an order number, description and the name of the RGCRLM representative. RGCRLM will not accept the Supplies nor pay for them unless the order number is included on your documentation.

4. Warranties

4.1 You warrant that, when title in the Supplies passes to RGCRLM, the Supplies will be free from any charge, liability or defect; comply with all applicable standards; be fit for purpose; and conform to the description ordered. 

4.2 You must provide RGCRLM with the benefit of any third party warranties for the Supplies.

4.3 You warrant that the Supplies do not infringe the intellectual property rights of any third party.

4.4 You warrant that all personnel engaged to provide the Supplies are appropriately qualified, competent and experienced and hold all necessary licences, permits and authorisations.

5. Corrections 

5.1 You must, at your own cost, remedy any defect in the Supplies within 30 days of being notified by RGCRLM . If you fail to do so, RGCRLM may, at your expense, arrange for a third party to undertake the remedial work or return the Supplies to you. You must refund the full price of the returned Supplies.

5.2 If you fail to provide any agreed deliverable, or complete any agreed milestone, you must use all reasonable endeavours to correct the issue which caused the failure, at no additional cost to RGCRLM .

6. Work, Health and Safety (WHS) 

6.1 You must undertake your own identification and analysis of all WHS risks associated with the Supplies.

6.2 You must ensure the health and safety of all people whom your activities may affect under this Agreement, in compliance with WHS laws.

6.3 You warrant and represent that you have (and will ensure that your subcontractors have) the necessary resources in place to comply with WHS laws; and taken all necessary measures to assess and eliminate or control risks arising from hazards associated with the Supplies.

6.4 You must comply with RGCRLM's WHS policy and report to RGCRLM any incidents and near misses.

7. Insurance and Indemnity 

7.1 You must hold appropriate insurance, including public liability insurance, to cover all risks for the Supplies provided.

7.2 You indemnify RGCRLM, its employees and agents and the State of NSW against any claim, loss or expense (including arising out of personal injury, death, damage to property or infringement of intellectual property rights) which any of them pays, suffers or is liable for (including reasonable legal costs on a solicitor client basis) arising out of your or any of your employees, contractors or agents unlawful, negligent, reckless or deliberately wrongful acts or omissions in providing the Supplies, performing this Agreement or breaching this Agreement.

7.3 You agree to co-operate with RGCRLM (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of you providing the Supplies including but not limited to disputes, complaints, investigations or litigation that arise out of or relate to incorrect information you have given RGCRLM. This clause will survive termination of this Agreement.

8. Termination 

8.1 RGCRLM may terminate this agreement if you breach this Agreement and do not remedy the breach within seven days of RGCRT notifying you of that breach.

8.2 RGCRLM will not in any circumstances be liable for any consequential loss or loss of profits suffered by you as a result of this Agreement terminating.

9. Other 

9.1 You may not transfer this Agreement, nor subcontract your obligations, without RGCRLM's prior written consent.

9.2 The rights and remedies under this Agreement are in addition to, and do not limit, any other rights of RGCRLM at law.

10. Governing Law

10.1 This Agreement is to be interpreted according to the laws in force in New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales

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