Terms And Conditions

This website (Site) is operated by WiserNow Pty Ltd (ACN 658 261 780) (we, our or us). It is available at: www.wisernow.com.au and may be available through other addresses or channels.

Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our Site) (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our
current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(b) using our Site to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using our Site;
(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
(e) using our Site to send unsolicited email messages; or
(f) facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream,
broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Refunds: Funds paid to purchase services or goods on this Site are non-refundable with the exclusion of Cancelled Purchases and the rebate clause.

Legal Services: Legal Services, including any probate services, are provided to you by WiserNow’s engaged legal practice (ELP), and only in the circumstances where you have chosen to instruct WiserNow to provide legal services. For the avoidance of doubt only those paid services that expressly identify that the ELP will be providing legal services, and the terms and conditions of any and all legal services including probate services will be provided to you when WiserNow or their ELP is instructed.

Promotions and Offers: It is at our sole discretion to reject, deny, or not honour any promotion or offer made available on the Site.

Purchasing of Services through the Website: This Site enables you to use the Services to purchase funeral services and any other goods from an independent third party (the Supplier) under agreement with WiserNow. By accepting these terms and conditions, you acknowledge that we do
not provide funeral services or goods and that all services and goods provided on the Site are provided by an independent third party. WiserNow does not make any warranties about the services and goods offered on the Site. Any legal claim in respect of a service or good purchased on this Site must be brought directly against the Supplier.

The price listed on the Site is the purchase price (Purchase Price) and can only be adjusted by a written agreement between the Supplier and the user. You acknowledge that it is your responsibility to:

(i) seek approval from the Supplier for the purchase; and

(ii) confirm with the Supplier the Purchase Price. Each Supplier accepts and appoints WiserNow as its agent for the purpose of receiving, holding, and settling payments to the Supplier for the goods and services sold on the Site.

WiserNow will settle payments received to the relevant Supplier, minus any amounts owed to WiserNow and subject to these Terms. Where the Supplier has confirmed that the user has paid the actual Purchase Price, we will transfer the Purchase Price minus any fees owing to WiserNow, in the Supplier’s nominated bank account within 5 business days of receipt of the Supplier’s confirmation.

Where the Supplier confirms that the user did not pay the actual Purchase Price, the purchase will be cancelled and the funds will be refunded to the user.

WiserNow may charge any transaction or related fee, without prior notice to the Supplier.

Wills Disclaimer: NeitherWiserNow or their ELP are warranting either that the will maker has capacity or that all relevant circumstances have been considered to produce a valid and legally binding will, unless and until you have engaged and met with via audio-visual link or in person with the ELP.

Recoupment: It is at our sole discretion, to seek reimbursement from a Supplier where:

(iii) There have been erroneous transactions related to the Supplier;
(iv) A Supplier is in breach of these Terms.

Any amounts owed may by a Supplier may be deducted from future payments owed to the Supplier, charging the Supplier’s bank account on file, or by seeking reimbursement by any other lawful means.

Disclosures: We pay our ELP on a retainer basis and/or fixed fee basis as agreed by the relevant parties. Additionally, it is at our sole discretion to modify the service types and rates relied on in engagement by a Supplier.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free or free from viruses; or
(c) our Site will be secure.
You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms
and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the
fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

Governing Law: This document is governed by the law in force in Australia and the State of New South Wales, and each Party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them. Each Party waives any right it has to object to an action being brought in those courts including, without limitation, by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.

Severability: If any provision of this document is illegal, void, invalid, or unenforceable for any reason, all other provisions, which are self-sustaining and capable of separate enforcement, shall be, and continue to be, valid and enforceable.

Variation: Any amendment or variation of this document must be in writing and is not effective until agreed to in writing by all the Parties.

Waiver: A power or right under this document may only be waived in writing, signed by the Party to be bound by the waiver.

Assignment: The Parties may not assign or deal with or purport to assign or deal with its rights or obligations under this document, or create, or allow to exist, any third-party interest over them, without the prior written consent of either Party.

Entire Document: This document contains the entire document between the Parties in relation to the above and any subject matter dealt with herein, and no earlier document, understanding, or representation, whether oral or in writing in relation to any matter dealt with in this document will have any effect from the date of this document and any such document, understanding, or representation is terminated with effect from the date of this document.

For any questions and notices, please contact us at:

WiserNow Pty Ltd (ACN 658 261 780)

Email: hello@wisernow.com.au