Terms & Conditions

The website is owned and operated by the Adelaide Cemeteries Authority. This website is presented for the purpose of disseminating information free of charge for the benefit of the community. Access to and use of the website, and all services and any other functionality, feature or content offered from time to time by the Authority is at your sole risk. 


By viewing, accessing, browsing, or submitting any content or material on or to the Authority website you agree to these terms, conditions and disclaimers, and any modifications of them, contained in this document and elsewhere on the Authority’s website, as a binding Agreement between you and the Adelaide Cemeteries Authority, without limitation or qualification.

 

The Authority reserves the right, at its sole discretion, to modify the terms, conditions, and disclaimers at any time and without prior notice. Each time you access the website you shall be subject to the current terms, conditions, and disclaimers. Continued use of the website now or following modification of the terms, conditions, and disclaimers confirms that you have read, accepted, and agreed to be bound by all amendments. It is your responsibility to regularly check the Authority’s website to determine if there have been changes to the terms, conditions, and disclaimers and to review such changes.


If you do not agree to abide by the current terms, conditions, and disclaimers or any future terms, conditions, and disclaimers, please do not use or access, or continue to use or access, the Authority website or any other functionality, feature or content offered from time to time by the Authority.


 

DEFINITIONS AND INTERPRETATIONS


“Authority”

means the Adelaide Cemeteries Authority 

“Service”

means the Online Memorial Service or any future services
provided via this website

 “Website” or “Authority website” 

means www.aca.sa.gov.au or any other web servers within
the aca.sa.gov.au domain and all services and any other
functionality, feature or content offered from time to time
by the Authority via these websites.

“Custodian”

means the creator of an Online Memorial or a Bucket List


CONDUCT

When accessing or using the Authority website you will not use, or permit any other person to use, this website for any purpose that is unlawful or prohibited by the terms, conditions, and disclaimers contained in this document or elsewhere on the Authority’s website.

 

The Adelaide Cemeteries Authority reserves the right to investigate and take appropriate action against any person who, in the Authority’s sole discretion, violates the terms, conditions, and disclaimers contained in this document and elsewhere on the Authority’s website including, without limitation preventing further access to Authority website and /or reporting persons to the appropriate law enforcement agency.

Prohibited activity includes, but is not limited to:

  • restricting or interfering with any other users  interacting with the Authority website;
  • breaching or circumventing, or attempting to breach or circumvent, any security measures on the Authority website or attempting to obtain access to unauthorised parts of the website without prior written authorisation from the Adelaide Cemeteries Authority;
  • using the Authority website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Authority website;
  • Attempt to collect information from or otherwise interact with the Authority website using automated scripts;
  • registering for any reason on behalf of an individual other than yourself without prior written authorisation from that individual;
  • impersonating any person or entity, or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any person or entity;
  •  soliciting personal information from anyone under 18, soliciting passwords or soliciting personal information for commercial or unlawful purposes;
  •  intimidating or harassing any other person;
  •  using or attempting to use another function, service or system without prior written authorisation from the Adelaide Cemeteries Authority, or creating a false identity on the Authority website;
  • providing links to websites deemed inappropriate by the Adelaide Cemeteries Authority; which are (or could reasonably be expected to be) offensive, threatening, unlawful, abusive, defamatory, harassing, vulgar, obscene, pornographic, profane, indecent, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, or promotes conduct that would contravene any applicable law or regulations
  • using the Authority websites for the purposes of conducting business or commercial activities without prior written authorisation from the Adelaide Cemeteries Authority;
  • framing or linking to the Authority website, without the prior written authorisation of the Adelaide Cemeteries Authority; and
  • collecting email addresses or other personal contact information of other users accessing the Authority website for the purposes of sending unsolicited emails or other unsolicited communications.

 

You agree not to access or use the Authority websites to:

  • provide any false, misleading or deceptive information;
  •  violate any law or regulation, or cause the Adelaide Cemeteries Authority to violate any law or regulation;
  • be abusive, defamatory, discriminatory, hateful, obscene, vulgar, offensive, threatening or otherwise objectionable in the opinion of the Adelaide Cemeteries Authority;
  • harass, stalk or otherwise subject any other person to unwanted or inappropriate contact or communication;
  • send unsolicited mail or email, make unsolicited phone calls, send unsolicited faxes, or advertise any products or services by making any unsolicited contact with users whose email, telephone, postal or other contact details you have obtained via the Authority website;
  • harvest or otherwise collect information about other persons (deceased or alive) via Authority website for any purpose other than expressly authorised by the Adelaide Cemeteries Authority;
  • take any action that imposes an unreasonable or disproportionately large burden on the Authority website's infrastructure;
  • deliberately distribute or execute any computer virus/malware or any other program or code that disrupts or disables operation of the Authority website; or
  • troll or spam the Authority website.

CONTENT
You are solely responsible for any material, communication, information (including all profile details), messages, files, notes, text, photos, music, audio, videos, images, listings, links, URLs and other content that you upload, post, transmit, share or otherwise make available on or through the Authority website. All submitted and approved content is publically accessible, unless the option exists to make it private.

By submitting content to the Authority website, you grant the Adelaide Cemeteries Authority a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted license to use, reproduce, redistribute, adapt, modify, create derivative works from, reformat, translate, transmit, publish and/or broadcast, publicly perform or display that content to third parties, to the extent and in the form or context that the Authority deems appropriate.

When posting content, you represent and warrant that: 

  • you have all the necessary rights to post content;
  • you will not post any illegal or prohibited content;
  • the posting of your content will not infringe, violate or contravene any third party rights (including without limitation, copyright, trademark privacy, publicity or other intellectual property or propriety rights).

Prohibited content includes, but is not limited to, content:

  • which is (or could reasonably be expected to be) offensive, threatening, unlawful, abusive, defamatory, harassing, vulgar, obscene, pornographic, profane, indecent, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, or promotes conduct that would contravene any applicable law or regulations;
  • of any kind which is not your original work, or which infringes (or could reasonably be expected to infringe) the rights of any third party, including, without limitation, copyright, trademark, privacy, publicity or other intellectual property or proprietary rights;
  • that involves unsolicited or unauthorised advertising, solicitations, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of solicitation;
  • which you know (or reasonably ought to know) to be false, misleading or deceptive;
  • of any kind which contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment;
  • which, in the sole discretion of the Adelaide Cemeteries Authority, is objectionable or interferes with any other person from using the Authority website, or which may expose the Authority or any other person to any liability of any type;
  • which you know (or reasonably ought to know) cannot be legally distributed to the public;
  • which is being exploited for commercial purposes or which contains any promotional material or advertising; and
  • of any kind from which any author attributions, legal notices or proprietary designations or labels have been deleted.
  • publishing  abusive, defamatory or any content deemed inappropriate by the Adelaide Cemeteries Authority to existing Online Memorial or Bucket List accounts

THIRD PARTY CONTENT

The Authority website may contain links to other web sites. Such third party content is not under the Adelaide Cemeteries Authority’s control, and the Authority assumes no responsibility for any Third Party Website or content accessed through the Authority’s website nor for investigating, monitoring or checking such websites or their content for accuracy, currency, appropriateness, or completeness.

 

Inclusion of or linking to any Third Party Website, or permitting any of the foregoing, does not imply any endorsement or approval of the website or link by the Authority. You agree to access any Third Party Websites from the Authority Website entirely at your own risk.

PROPRIETARY RIGHTS

All content on the Authority website and available through the Authority website, including designs, text, graphics, pictures, video, information, applications, software, music, audio and other files, including their selection and arrangement, but excluding any of your content, is the proprietary property of the Adelaide Cemeteries Authority or its licensors.

 

You must not modify, copy, distribute, frame, upload to a third party, post, transmit, republish, display, or sell in any form or by any means any Authority website content, whether in whole or in part, without the Adelaide Cemeteries Authority’s prior written approval.

 

If you believe that any work in which you own intellectual property rights appears on the Authority website without your consent, you may notify the Authority in writing. Such notice must provide details of the work, your intellectual property rights in the work, and where you allege the work appears on the Authority website.


DISPUTES

You are solely responsible for your interactions with other persons using the Authority website. You agree that the Authority will not be responsible for any loss or damage incurred as a result of any such interactions with respect to other users' use or disclosure of your personal identifiable information.

 

If there is a dispute between you and any third party, the Authority is under no obligation to become involved, however, reserves the right to monitor disputes between you and other users of the Authority website. 


PRIVACY

Use of the Authority websites is governed by our Privacy Statement, which is incorporated into these Terms and Conditions by this reference.

 

The Authority and its employees, agents and contractors may collect, use and pass your personal information to third parties so that the Authority, its employees, agents and contractors may contact you (including by the way of telephone, email, SMS and MMS) and provide you with information about the Adelaide Cemeteries Authority and related promotional activities. Any personal information collected by or on behalf of the Authority will be dealt with in accordance with the Authority’s Privacy Policy.


DISCLAIMER

Use of the Authority websites is governed by our Disclaimer, which is incorporated into these Terms and Conditions by this reference.


LIMITATION OF LIABILITY

Under no circumstances will Authority or its affiliates be liable for any losses, damages, costs or expenses whatsoever which result from any use or access of, or any inability to use or access, the Authority website, or any content, material, information or applications on or accessed through the Authority website, even if the Authority has been advised of the possibility of such damages or that such damages were foreseeable.

 

You acknowledge and agree that the Authority has limited or no control over any person using the Authority website and is neither liable for any persons conduct, whether online or offline, nor for any content, material, information or applications on or accessed through the Authority website whether posted or caused by any person, the Authority, third parties or any other program associated with the Authority website, including any content which may be offensive, inappropriate, defamatory, obscene, unlawful or otherwise objectionable.

INDEMNITY

You agree to indemnify and hold harmless the Adelaide Cemeteries Authority, its affiliates and related corporations, and each of their directors, officers, agents, contractors, partners and employees, from and against all losses, liabilities, claims, demands, damages, costs and expenses, including legal fees, arising out of or in connection with your access to or use of the Authority website, including without limitation any submitted content, any Third Party Website or content you post or share on or through the Authority website, your conduct in connection with the Authority website or with other persons, or any violation of the terms, conditions, and disclaimers contained in this document and elsewhere on the Authority’s website (www.aca.sa.gov.au), or of any law or the rights of any third party.

1. ONLINE MEMORIALS

The Adelaide Cemeteries Authority offers a secure Online Memorial Service (Online Memorial) Digital memorials may be created solely for deceased persons listed within the Authority’s Records Search Facility. A maximum of one memorial may be created for each deceased person. At the time of creating the Online Memorial Service, this memorial may be made public or private.

 

  • Public memorials are visible to all persons using the Authority website. Public Memorials may also be visible to all Internet users via search engines (i.e. Google, Bing or Yahoo) and may be posted on Adelaide Cemeteries Authority social media platforms.
  • Private memorials are accessible solely by those approved by the Custodian. To access a private memorial you must first apply to the Custodian. To validate your request, you may be required to provide personal information including, but not limited to, your relationship to the deceased. Please note, a private memorial cannot be converted to a public memorial after the first post was submitted.

a) ELIGIBILITY
Anyone can request to create an Online Memorial. Order of precedence starts with the Interment Right Holder and is granted in the following descending order of priority, as per the Burial and Cremation Act 2013, governing the Burial and Cremation Regulations 2014:

  • The Executor of the Estate of the deceased or, if there is more than one Executor, one of the Executors acting with the written permission of all the other Executors; or
  • The Administrator of the Estate of the deceased.

If there is no executor or administrator of the estate of the deceased, an Online Memorial may be created by:

  • the spouse or domestic partner of the deceased; orif there is no surviving spouse or domestic partner - by the eldest living relative of the deceased in the following descending order of priority -
    - a child;
    - a grandchild or
    - great-grandchild;
    - a brother or sister;
    - a parent;
    - a grandparent;
    - an aunt or uncle
    - a nephew or niece;
    - a cousin;
    - any other blood relative.

If there are no surviving living relatives of the deceased, an Online Memorial may be established by any other person.

To create an Online Memorial, those aged 16 years or younger require written parental consent. This must be forwarded to the Authority at the time of application.

b) REGISTRATION
To register for an Online Memorial you will be required to provide personal information, including, but not limited to, your name, telephone number, email address and relationship to the deceased. As part of the registration process, you will select a username and password.

By registering you understand that you may not:

  • select or use the name of another person with the intent to impersonate that person;
  • use the rights of any person other than yourself without authorisation;
  • use a name that, in the Authority’s sole discretion, is deemed inappropriate.

When creating on Online Memorial you agree to:

  • provide accurate, current and complete information;
  • maintain the security of your password and identification;
  • notify the Authority immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password;
  • maintain and promptly update all information provided to the Adelaide Cemeteries Authority, to ensure that it is accurate, current and complete; andbe fully responsible for all usage or activity via your account.

Failure to do so will constitute a breach of the terms, conditions, and disclaimers contained in this document and elsewhere on the Authority’s website (www.aca.sa.gov.au).

c) APPROVAL
All applications to create an Online Memorial will be processed in the order of the Authority receiving them and will be assessed using the Order of Precedence listed in Section Two of this document.

d) MODERATION
It is the express responsibility of the Custodian of an Online Memorial to moderate their memorial page, approve or disapprove content, and maintain the integrity of the Service and the Authority website.

You acknowledge that the Adelaide Cemeteries Authority:

  • has no obligation to monitor or review any Online Memorial or to edit, delete or remove such content, nor is the Authority responsible for any inappropriate content or conduct;
  • may from time to time monitor or review any Online Memorial and reserves the right to edit, delete or remove (without any prior notice) any content, for any reason or which in its sole discretion is in any way objectionable, offensive, illegal or in violation of the terms, conditions, and disclaimers contained in this document and elsewhere on the Authority’s website (www.aca.sa.gov.au).
  • in its sole discretion, reserves the right to refuse to post, remove in their entirety, or edit, at any time and without prior notice, any Online Memorial for any reason or no reason;
  • retains the right and discretion to suspend or terminate your use or access to the Online Memorial Service or the Authority website at any time in the Authority’s absolute discretion, including without limitation if it is believed that you have breached, or threaten to breach, any of the terms, conditions, and disclaimers contained in this document and elsewhere on the Authority’s website (www.aca.sa.gov.au);
  • reserves the right to take appropriate action against any person who, in the Authority’s sole discretion, breaches the terms, conditions, and disclaimers contained in this document and elsewhere on the Authority’s website (www.aca.sa.gov.au);
  • may cooperate fully with any law enforcement agency and any other government authority in any jurisdiction in relation to your access to or use of the Online Memorial Service or the Authority website, including providing all information in relation to you and your access to or use of the Online Memorial Service or the Authority websites to such law enforcement agencies and other government authorities.

If you believe in good faith that content or material posted to an Online Memorial infringes your copyright, you may apply in writing to the Adelaide Cemeteries Authority requesting its removal. The Adelaide Cemeteries Authority, in its sole discretion, reserves the right to refuse any request for the removal of any content or Online Memorial for any reason or no reason.

e) TERMINATION
You may terminate your account or transfer custodial rights to another person at any time by giving written notice to the Adelaide Cemeteries Authority. By terminating your account, you will be terminating your rights to moderate the Online Memorial. All submitted content will remain visible unless otherwise specified.

The Adelaide Cemeteries Authority, in its sole discretion, may suspend, terminate or prohibit access to or use of the Online Memorial Service or Authority website, for any reason or no reason, at any time, and without prior notice or explanation. 

The Authority also reserves the right, in its absolute and sole discretion, to modify, suspend, or discontinue at any time, with or without notice, the Online Memorial Service, including but not limited to the features, look and feel, and functional elements.

Where the custodian of an Online Memorial has died, they Authority may, but is under no obligation to, keep their account active, or take such action as is necessary to transfer the account to another person.

Even after your account is terminated, the provisions of the terms, conditions, and disclaimers contained in this document and elsewhere on the Authority’s website (www.aca.sa.gov.au) remain in full force and effect.

2. BUCKET LIST CREATOR

The Adelaide Cemeteries Authority offers a secure Bucket List Creator facility (Bucket List). Bucket Lists may be created by any person. A maximum of one Bucket List may be created by an individual. This may be made public or private.

 

  • Public Bucket Lists are visible to all persons using the Authority website.
  • Private Bucket Lists are accessible solely by those approved by the Custodian. To access a private Bucket List you must first apply to the Custodian. To validate your request, you may be required to provide personal information.

a) ELIGIBILITY
Anyone can request to create a Bucket List. Those aged 16 years or younger require written parental consent. This must be forwarded to the Authority at the time of application.

 b) REGISTRATION
To create a Bucket List you will be required to provide personal information, including, but not limited to, your name, telephone number, and email address. As part of the registration process, you will select a username and password.

 

By registering you understand that you may not:

 

  • select or use the name of another person with the intent to impersonate that person;
  • use the rights of any person other than yourself without authorisation;
  • use a name that, in the Authority’s sole discretion, is deemed inappropriate.

When creating a Bucket List you agree to:

  • provide accurate, current and complete information;
  • maintain the security of your password and identification;
  • notify the Authority immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password;
  • maintain and promptly update all information provided to the Adelaide Cemeteries Authority, to ensure that it is accurate, current and complete; andbe fully responsible for all usage or activity via your account. 

Failure to do so will constitute a breach of the terms, conditions, and disclaimers contained in this document and elsewhere on the Authority’s website (www.aca.sa.gov.au).

c) APPROVAL
All applications to create a Bucket List will be processed in order of the Authority receiving them.

d) MODERATION
It is the express responsibility of the Custodian of the Bucket List to moderate their page, and maintain the integrity of the Service and the Authority website.

You acknowledge that the Adelaide Cemeteries Authority:

  • has no obligation to monitor or review any Online Memorial or to edit, delete or remove such content, nor is the Authority responsible for any inappropriate content or conduct;
  • may from time to time monitor or review any Bucket List and reserves the right to edit, delete or remove (without any prior notice) any content, for any reason or which in its sole discretion is in any way objectionable, offensive, illegal or in violation of the terms, conditions, and disclaimers contained in this document and elsewhere on the Authority’s website (www.aca.sa.gov.au).
  • in its sole discretion, reserves the right to refuse to post, remove in their entirety, or edit, at any time and without prior notice, any Bucket List for any reason or no reason;
  • retains the right and discretion to suspend or terminate your use or access to the Bucket List Service or the Authority websites at any time in the Authority’s absolute discretion, including without limitation if it is believed that you have breached, or threaten to breach, any of the terms, conditions, and disclaimers contained in this document and elsewhere on the Authority’s website (www.aca.sa.gov.au);
  • reserves the right to take appropriate action against any person who, in the Authority’s sole discretion, breaches the terms, conditions, and disclaimers contained in this document and elsewhere on the Authority’s website (www.aca.sa.gov.au);
  • may cooperate fully with any law enforcement agency and any other government authority in any jurisdiction in relation to your access to or use of the Bucket List Service or the Authority website, including providing all information in relation to you and your access to or use of the Bucket List Service or the Authority websites to such law enforcement agencies and other government authorities.

If you believe in good faith that content or material posted to an Online Memorial infringes your copyright, you may apply in writing to the Adelaide Cemeteries Authority requesting its removal. The Adelaide Cemeteries Authority, in its sole discretion, reserves the right to refuse any request for the removal of any content or Online Memorial for any reason or no reason.

3. E-NEWSLETTER
By subscribing to the Adelaide Cemeteries Authority E-Newsletter and Event Invitations E-Newsletter (Newsletters) you consent to receiving electronic information from the Authority. By doing so, you also indicate that you have read and understood the terms, conditions, and disclaimers contained in this document and elsewhere on the Authority’s website.

Your continued subscription to and receipt of the Newsletters is considered acceptance of any amendments to the terms, conditions, and disclaimers contained in this document and elsewhere on the Authority’s website that may occur from time to time.

a) REGISTRATION
To receive the Newsletters you will be required to provide personal information, including, but not limited to, your name and email address,

You agree that you are responsible for providing correct and accurate details in subscribing to the Newsletters and that any errors made in typing or providing your details could result in failed delivery of your Newsletters.

b) MANAGING YOUR SUBSCRIPTION
If you wish to unsubscribe to the Newsletters, click the Unsubscribe Link at the bottom of the electronic communication and complete the Unsubscribe Form.


c) PRIVACY

Personal information about you may be collected for the primary purpose(s) of keeping you informed about the Adelaide Cemeteries Authority via its Newsletters. If you do not provide the information requested, we may not be able to email you the Newsletters. Your name and email address will be disclosed to a marketing service provider based in the United States of America (Mail Chimp) who is responsible for sending all of our newsletter communications. The Authority accepts no responsibility for any unsolicited or unauthorised communication received from Mail Chimp, or any other party, as a result of subscribing to the Newsletters.


d) COPYRIGHT

The content of Newsletters and any and all ideas, designs, graphics, photographs, text, audio and audiovisual material, documents and any other material contained in the Newsletters are subject to copyright laws in Australia and overseas and are owned or controlled by the Adelaide Cemeteries Authority or its licensors.

 

In relation to the Newsletters, including parts of them, you agree that you may not otherwise use, copy, reproduce, modify or transmit the content without our prior written consent from the Adelaide Cemeteries Authority. Unauthorised use is prohibited and protected by law.

 

Newsletters may include trademarks which are protected by law. You must not use the Adelaide Cemeteries Authority’s trademarks in Australia or internationally without our prior written consent.


e) CANCELLATION

The Authority has the right to suspend or cancel your subscription at any time at its discretion and without justification.


f) DISCLAIMER

Authority Newsletters and their content are provided only for information purposes, and are not comprehensive or advisory in nature. While the Authority uses reasonable endeavours to ensure that the information included in the Newsletters is accurate and up-to-date, the Authority does not guarantee the accuracy, currency or completeness of the information provided. The Authority makes no representations about the content and suitability of the information provided in the Newsletters (including but not limited to information in any links to websites). To the maximum extent permitted by law, the Authority does not warrant, guarantee or make any representations about the accuracy, reliability, currency or any other aspect of the information contained in the Newsletters.

 

The Newsletters may contain links or references to third party sites. The Authority is not responsible or liable for the content of those sites and your access to and use of those sites is at your own risk. Any links are provided for convenience only, and do not indicate any endorsement or recommendation by the Authority.

 

The Authority does not guarantee that materials accessible on or through the Newsletters will be free from errors, viruses, worms or other harmful codes. To the extent permitted by law, all liability is excluded for any loss, damages or injury resulting from your access to, or inability to access, or your receipt of any codes, or your reliance on any information from or through the Newsletters.


 

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