Terms & Conditions
OMALLEY FUNERALS
These Terms and Conditions ("Terms") govern your use of the services provided by Omalley Funerals (referred to as "we", "our", or "us"), including funeral arrangements, products, and other related services. By engaging our services, you agree to be bound by these Terms. Please read them carefully.
1. Services Provided
Omalley Funerals offers a range of funeral services, including but not limited to:
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Funeral planning and coordination
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Cremation and burial services
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Memorial services
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Transportation of the deceased
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Provision of funeral products such as coffins, urns, and memorial stationery
We will provide all services with the utmost professionalism, care, and respect in accordance with your wishes and the requirements of relevant laws and regulations.
2. Fees and Payment
2. a Quotation and Acceptance
We will provide a written quotation for the funeral services based on your specific requirements. By accepting the quotation, you agree to pay the fees stated therein. Accepting the quotation forms a legally binding agreement between you and Omalley Funerals.
2. b Payment TermsA 75% Deposit is required for the Funeral within 72 hours of the Funeral Service Date. Any remaining balance is payable within 7 Days of the completion of the funeral service. Payment methods will be detailed on the invoice.
2. c Late Payments
In the event of late payment, we reserve the right to charge interest at the rate prescribed under the Uniform Civil Procedure Rules 2005 (NSW) until the outstanding balance is settled. Additionally, we may suspend the provision of any services until payment is received in full.
2. b Cancellation
If you wish to cancel the services, you must notify us in writing as soon as possible. You may be liable for any costs already incurred or non-refundable expenses at the time of cancellation. A cancellation fee may apply, which will be specified in your agreement with us.
3. Obligations of the Client
3.1 Provision of Information
You agree to provide us with accurate and complete information, including but not limited to the deceased’s personal information, next of kin details, and any specific funeral or cultural requirements.
3.2 Authority
You represent that you have the legal authority to arrange the funeral service for the deceased, including signing any documents related to cremation, burial, and other services.
4. Funeral Arrangements
4.1 Changes to Arrangements
You may request changes to the funeral arrangements at any time before the service. We will do our best to accommodate such requests, but additional fees may apply if changes are made after services or products have been secured.
4.2 Third-Party Services
Omalley Funerals will engage third-party providers (e.g., crematoriums, cemeteries, celebrants) to provide specific services in certain circumstances. We will take reasonable care in selecting and managing these providers, but we are not liable for any acts or omissions of third parties.
5. Limitation of Liability
5.1 General Liability
Omalley Funerals will not be held liable for any indirect, incidental, or consequential damages arising from our services unless otherwise required by law.
5.2 Force Majeure
We are not responsible for any failure or delay in performing our obligations if caused by circumstances beyond our reasonable control, including but not limited to acts of God, government actions, strikes, pandemics, or disruptions to public utilities.
6. Warranties
We warrant that all services will be carried out with due care and skill in accordance with Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). However, we make no warranties beyond those required by law and expressly disclaim all other warranties, conditions, or representations.
7. Privacy
We are committed to protecting your privacy and handling your personal information in accordance with our Privacy Policy and applicable laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Any personal information you provide will be used solely for the purpose of providing funeral services.
8. Governing Law
These Terms are governed by the laws of New South Wales, Australia, and any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of New South Wales.
9. Dispute Resolution
In the event of a dispute, both parties agree to first attempt to resolve the matter amicably through good-faith negotiations. The parties agree to submit the matter to mediation if the dispute cannot be resolved through negotiations. If mediation fails, either party may pursue their rights and remedies in the courts of New South Wales.
10. Intellectual Property
All content provided by Omalley Funerals, including but not limited to website content, brochures, and service-related materials, is protected by copyright and intellectual property laws. You may not reproduce, distribute, or use any of our content without express written permission.
11. Amendments
We reserve the right to amend or update these Terms at any time. Any changes will be posted on our website, and the updated Terms will take effect immediately upon posting. Your continued use of our services constitutes acceptance of the updated Terms.
12. Termination of Agreement
We may terminate our agreement with you if you breach any material terms or fail to make timely payments. In the event of termination, you will be responsible for any services provided up to the termination date and any non-refundable expenses incurred.
13. Contact Information
For any questions or concerns regarding these Terms and Conditions or your arrangements with Omalley Funerals, please contact us at:
OMalley Funerals
Phone: 0411 640 021
Email: omalleyfunerals@gmail.com
Address: PO BOX 32, 20 Beresford Ave,
Beverly Hills, NSW 2209
Website: omalleyfunerals.com.au
Effective Date: 14 October 2024.