Legal Matters
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 Metropolitan Memorial Parks Land Manager (MMPLM) websites and online facilities.
2. Scope
These Terms of Use apply to everyone that accesses and uses MMPLM websites or online facilities.
By accessing MMPLM 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 MMPLM websites and online facilities.
- Terms of Use – Guidelines defining the rights and responsibilities of users accessing MMPLM websites and online facilities.
4. References
- Copyright Act 1968 (Commonwealth)
5. Guiding Principles
5.1 Lawful Purposes
The user must use MMPLM 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 MMPLM 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 MMPLM websites and online facilities is owned or licensed by MMPLM.
Except where necessary for viewing the material on MMPLM 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 MMPLM.
5.3 Other Websites
MMPLM websites and online facilities contain links to external websites that relate to and/or support the services delivered by MMPLM. MMPLM 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 MMPLM to any information on the external sites. MMPLM makes no warranties and accepts no liability in relation to material contained on external sites.
5.4 Warranties
When providing information via MMPLM 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 MMPLM clients, stakeholders, staff or interested third party for your own purposes.
5.5 Disclaimer
Whilst MMPLM ensures due and reasonable care is taken to provide accurate information, MMPLM does not guarantee the accuracy, adequacy or completeness of the material on MMPLM websites and online facilities. All information is subject to change without notice.
Purchasing Terms and Conditions
1. General
1.1 This Agreement applies to all orders for goods and services (Supplies) placed by the Metropolitan Memorial Parks Land Manager (MMPLM) to you, the supplier.
1.2 There may be additional terms and conditions in the order or in the contract between you and MMPLM. 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 MMPLM has accepted the Supplies, MMPLM 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 MMPLM. Time is of the essence. You must use all reasonable commercial endeavours to ensure that any delivery is made on time.
3.2 MMPLM reserves the right to cancel any order at any time prior to delivery.
3.3 You assume all risk in the Supplies until the MMPLM accepts them. MMPLM will usually inspect the Supplies on delivery and, if satisfied that they meet the specifications, will accept them. Title to the Supplies transfers to MMPLM when MMPLM accepts the Supplies.
3.4 You bear the cost of storing, handling and returning any Supplies that MMPLM 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 MMPLM representative. MMPLM 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 MMPLM, 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 MMPLM 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 MMPLM. If you fail to do so, MMPLM 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 MMPLM.
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 MMPLM's WHS policy and report to MMPLM 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 MMPLM, 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 MMPLM (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 MMPLM. This clause will survive termination of this Agreement.
8. Termination
8.1 MMPLM may terminate this agreement if you breach this Agreement and do not remedy the breach within seven days of MMPLMRT notifying you of that breach.
8.2 MMPLM 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 MMPLM'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 MMPLM 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