Website Terms of Use & Privacy Policy
Version 2
March 2016
Contents
1. Definitions
2. Purpose and Scope
3. General
4. Warranties
5. Third Party Information and Links
6. Copyright Notice
7. Disclaimer
8. Privacy Policy Procedure
9. Changes to Terms of Use and Privacy Policy
10. Entire Agreement
11. Jurisdiction
1. Definitions
1.1. Definition of terms used in the policy include:
“RGCRLM”, “our”, “us” or “we” means Rookwood General Cemeteries Reserve Land Manager ABN 65 959 157 751 and their officers, employees and agents.
“User”, “you” or “your” means the users of the websites and advertisers on the website, paying or otherwise.
“Website” or “websites” means either www.rookwoodcemetery.com.au or www.hiddeninrookwood.com.au, or any other recognised RGCRLM website.
2. Purpose and Scope
2.1 The purpose of this Website Terms of Use and Privacy Policy is to inform our customers and internet users the terms of use required to be adhered to when using RGCRT website and online facilities and how RGCRT collects, uses, stores and maintains the personal information that is gathered as a result of using our website and online facilities.
3. General
3.1 The websites are owned and operated by RGCRLM.
3.2 Your use of the websites is deemed to be your acceptance to be bound by these Terms of Use. Should you object to any of the Terms of Use you should immediately discontinue use of the website.
3.3 You agree not to use any of the websites for any purpose or in any way that is unlawful or contrary to these Terms of Use. Unauthorised use of the websites, or use that breaches these Terms of Use, may be the subject of legal action, as determined by RGCRLM.
3.4 You agree not to gain, or attempt to gain, access into the RGCRLM systems for any purpose. This includes (but is not exclusive to) framing, virus’, phishing, DoS, spam, malware, botnet’s and reformatting. Offenders will be immediately brought to the attention of the Australian High Tech Crime Centre (AHTCC) and all relevant Police jurisdictions.
3.5 You agree to pay all required fees in full prior to using the website. You agree to pay any costs incurred by RGCRLM as a result of dishonoured cheques, charge backs or debit collection agencies if required.
3.6 You agree to indemnify, defend and hold harmless RGCRLM from any liability, loss, claim and expense (including reasonable legal fees) related to your violation of these Terms.
4. Warranties
4.1 You warrant that all and any information provided to RGCRLM when required for analytics or statistical data collection is accurate, appropriate and does not breach any law or the rights of any person.
4.2 You warrant that you will not misrepresent yourself or the information you provide, impersonate another person or entity or forge any TCP/IP packet header or any part of the header information in any email or posting.
4.3 You warrant that you will not solicit RGCRLM or any of its associates, other users, or interested third parties (either business or private) for your own purposes.
5. Third Party Information and Links
5.1 The websites may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, RGCRLM does not control, endorse, sponsor or approve any such third party websites or their content nor does RGCRLM provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content
5.2 When you click on links or banner ads that take you to third party websites, you will be subject to the privacy policies and user guidelines of that third party. RGCRLM are not responsible for any actions or outcomes of accessing a third party website. You are encouraged to read the privacy statement whenever using another website.
6. Copyright Notice
6.1 All materials published on the websites (including, but not limited to news articles, photographs, images, illustrations, also known as the "content") are protected by copyright, and owned or controlled by RGCRLM or the party credited as the provider of the content.
6.2 You agree to not modify, publish, transmit, participate in the transfer, reproduce, create new works from, distribute, display, or in any way exploit, any of the content on the websites in whole or in part.
6.3 Copying or storing of any content is expressly prohibited without prior written permission from RGCRLM.
6.4 You agree not to do anything that interferes with or breaches the intellectual property rights of RGCRLM.
7. Disclaimer
7.1 RGCRLM believe that all due and reasonable care has been taken in providing information that is accurate and safe. The information is presented “as is”, without any warranty of any kind, express or implied. RGCRLM is not liable for mistakes, errors or omissions of any kind nor for any loss or damage caused by the users reliance on the information published on an RGCRLM website.
7.2 RGCRLM gives no guarantee of the continued availability of any particular article, product, equipment, service and/or business on the site and reserve the right to edit or delete information and images without explanation if they are deemed inappropriate or inaccurate.
7.3 RGCRLM emphasises that the information appearing on an RGCRLM website is of a general nature only and is not intended to substitute professional advice, legal or otherwise pertaining to particular items or concerns. It is the responsibility of the website user to seek independent professional advice on any subject.
7.4 By accessing an RGCRLM website you agree that the use of the website is at your own risk. Neither RGCRLM, nor any of their affiliates, employees, agents or content providers make any representations or warranties of any kind regarding the website, the content or the result of loading the website on your computer.
7.5 We reserve the right to release information and report to the law, users who violate our Terms of Use. Entrants in any feedback or those that hold any licence may have their names and/or answers/responses published. Names will be in the format of first initial and surname.
7.6 All submissions are judged by their creative merit by the vendors of the prizes, sponsors, or other provider of goods and services used to further the interests of the RGCRLM or the industry as a whole. RGCRLM takes no responsibility for incomplete or unsuccessful applications and/or submissions.
7.7 RGCRLM may make changes to the information on the site or to the products and prices on the site, at any time without notice. Information published on an RGCRLM website may refer to products or services that are no longer available or are out of date. Whilst every attempt is made to ensure up to date and accurate information, no commitment is given.
7.8 You acknowledge that RGCRLM is not liable for any loss or damage if the site or partial data thereof is unavailable due to (but not exclusive to) a communications or computer malfunction, scheduled or unscheduled maintenance.
8. Privacy Policy Procedure
8.1 RGCRLM understands and appreciates that you, as a user of the websites, are concerned about your privacy and about the confidentiality and security of information we may gain about you online. RGCRLM is committed to protecting your privacy. This Privacy Policy procedure explains how your personal information will be treated as you access and interact with the websites and online facilities . This includes how we responsibly:
(a) Collect information from customers (Collect)
(b) How we keep this information secure (Store)
(c) How we use this information (Use)
(d) How we manage this information (Maintain)
8.2 This Privacy Policy is developed in accordance with:
(e) the Privacy Act 1988 (Cth), including the Australian Privacy Principles outlined in this Act; and
(f) the State Records Act 1998 (NSW).
For more information about the Privacy Act 1988 and the Australian Privacy Principles, please visit the Office of the Australian Information Commission: https://www.oaic.gov.au/
Collecting Information
Collecting Personal Information
8.3 Within our online facilities we only collect the information that we need for the particular service that we are providing to users, for example an electronic request for more information, registration for an e-Newsletter, registration for an event, or online transaction. This information includes name, address, and contact details. It may also include personal feedback of our services and website.
Collecting Non-Personal Information
8.4 We also collect general information about the way in which users navigate and use our website. This includes which sections of the site are most frequently visited, how often they are visited, and how long users tend to stay. This data is always used as aggregated, non-personal information. RGCRT utilises this information to improve our services to users by identifying the areas of our online facilities that provide the most value.
Storing Information
8.5 We are committed to maintaining the confidentiality of the information that users provide to us. We therefore take all reasonable precautions to protect this information from unauthorised use or alteration.
8.6 In our business, personal information may be stored both electronically (on our computer system) and in hard-copy form. Firewalls, anti-virus software, email filters, and passwords, protect all of our electronic information. We also take all necessary measures to ensure the security of hard-copy information. However users agree that RGCRLM will not be held responsible for events arising from unauthorised access to user’s personal information.
8.7 Our users can also play an important role in keeping personal information secure by maintaining the confidentiality of any account names and passwords. Under no circumstances will we email our users asking them to log directly into their account from that email. Users should be aware of any such scams. For more information on protecting yourself against internet scams please read this ACCC article: https://www.accc.gov.au/consumers/consumer-protection/protecting-yourself-from-scams
8.8 If you are suspicious of any unauthorised activity in your account, dubious correspondence or any other form of security breach, you should contact us immediately.
Using Information
8.9 RGCRLM ensures that any personal information that users provide during their online interactions with us is used only for the purpose that it was intended. To that end, this information is only used to provide the service that has been requested.
8.10 The information that we collect is not disclosed to any person or organisation outside of the RGCRLM, unless we are required or authorised to do so by law, the user has consented to the disclosure of their information, or for purposes relating to the primary reason we collected the information.
8.11 From time to time, we may use our user’s personal information to send communications or to provide additional information about RGCRLM 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.
Maintaining Information
8.12 When a user provides RGCRLM with personal information, once the transaction is finalised, both the electronic and hard-copy information is securely archived. In accordance with the law, after a period of 7 years, both the electronic and hard-copy information is destroyed.
8.13 RGCRLM strives to ensure this information we have on file is accurate and complete. We do this by consistently recording information, verifying our contact lists, and updating personal information when requested. As a part of this, we welcome users to contact us if their information changes.
9. Changes to Terms of Use and Privacy Policy
9.1 RGCRLM may modify our Terms of Use and Privacy Policy at any time at its sole discretion.
9.2 Your continuing use of the website constitutes your acceptance of any modification to the Terms of Use and Privacy Policy in effect at the time of your access.
10. Entire Agreement
10.1 These Terms of Use and Privacy Policy constitutes the entire agreement between RGCRLM and you and supersedes all previous agreements, proposals, representations, understanding and warranties relating thereto.
11. Jurisdiction
11.1 These Terms of Use and Privacy Policy are governed by and construed in accordance with the laws of the State of New South Wales. In the event that a dispute arises you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.