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Terms & Conditions

These terms are in reference to quote for funeral, memorial and creation services offered by Bare - the Services (Quote) - received either online, via email or in the post.The Quote agreement is between Bare Funeral Group Pty Ltd (ABN 57 635 013 286), (we, us or our) and you, the person who accepts the Quote (you or your). These terms and conditions and the Quote form the entire agreement between us and supersede any prior discussions (Agreement).

Our Disclosure to you: By accepting this Agreement, you agree that: we may disclose your personal information to our Service Providers and local and state governments for the purposes of providing the Services, and as set out in our privacy policy; and subject to your Consumer
Law Rights: (a) we exclude our Liability for any “force majeure” events and for consequential loss; and (b) our liability for the supply of the Services will be limited to, at our discretion the resupply of the Services or the repayment of the Price paid by you.

1. Services and variations: You have requested the Services in the geographic area set out in the Quote. You accept this Agreement by the earlier of: (a) sending us an email accepting the Quote; (b) confirming acceptance by telephone; or (c) making part or full payment of the price set out in the Quote (Price). All variations to this Agreement and the Price must be agreed in writing between you and us. We may obtain your credit information from credit reporting bodies prior to providing our Services to you. If we receive credit information about you from a third party, we will protect it as outlined in our Credit Information Policy‍

2. No conflict: By accepting this Agreement, you confirm that you are authorised to request the Services and are not aware of any family members or other relevant parties who would not want to proceed with the Services. You agree to provide to us all documents and information which we reasonably request in order for us to provide the Services.

3. Service Partners: In consideration of your payment of the Price, we agree to provide the Services to you in accordance with this Agreement, whether ourselves or through our sub-contractors including providers such as transfer providers, crematoriums, mortuaries, hospitals, transfer providers, florists, government registries, venues and caterers (Service Partners).

4. Personal Effects: You must remove any clothes, jewellery, items, or other personal effects on, attached to or placed with the Deceased (Personal Effects), prior to us or our Service Partner collecting or taking delivery of the Deceased. Unless otherwise confirmed by us in writing, all Personal Effects provided with the Deceased will be cremated.

5. Payment: In consideration for us providing the Services, you agree to pay us the Price (including any GST), either online or by telephone using our third party payment processor following receipt of this Quote, or, where we send you an invoice, no later than 7 days from receiving our invoice, unless otherwise agreed in writing by us. If payment has not been made in accordance with the payment terms in the Quote, we may (at our absolute discretion and without prejudice to any of our rights or remedies under this Agreement or at law):

  1. after a period of 5 days from the relevant due date, cease providing the Services, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs);
  2. Apply late payment fee of up to 10% on any amount that remains unpaid more than 30 days after the relevant due date.
  3. after a period of 5 days from the relevant due date, if we have your payment details on file, charge you for any unpaid amounts. You authorise us to charge your nominated payment account for any unpaid amount, as per the direct debit authorisation form;
  4. and/or record a default on your credit file.

We may offer payment plan options through third party payment plan providers (Payment Plan Provider). You acknowledge and agree that:

  1. the Payment Plan Provider is providing you with the payment plan;
  2. you will need to accept and abide by the terms and conditions of the Payment Plan Provider;
  3. we will not be a party to the agreement between the Payment Plan Provider and you;
  4. the Payment Plan Provider may charge a fee on top of our Fees to provide you with the payment plan;
  5. the Payment Plan Provider may conduct a credit check on you and may refuse to provide you with the payment plan; and
  6. we will not be liable for any liability, loss or damage arising out of or in connection with your payment plan provided by the Payment Plan Provider or you being unable to obtain a payment plan with the Payment Plan Provider.

6. Privacy: We agree to handle any personal information you provide to us, solely for the purpose of performing our obligations under this Agreement, and in accordance with any applicable privacy laws and our privacy policy.

7. Australian Consumer Law: Under law, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth)
you have certain rights, warranties, guarantees and remedies relating to the Services which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in this Agreement excludes your Consumer Law Rights as a consumer under the ACL.

8. Liability: Despite anything to the contrary, to the maximum extent permitted by law, and subject to your Consumer Law Rights: (a) we will not be liable for any indirect or consequential loss; and (b) our total aggregate Liability under this Agreement will be limited to repayment of the Price paid by you.

9. Force Majeure: If the services become impossible to perform for any reason outside of our control or the control of our Service Partners, we may cancel or suspend the Agreement or the part of it that is impossible to perform.

10. Survival: Clauses 5, 6, and 7 will survive the termination or expiry of this Agreement.

11. Definitions: In this Agreement, unless the context otherwise requires:

  • the Deceased means the person who has passed away in respect of whom we will perform the Services.
  • Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to this Agreement or otherwise.
  • Services means cremation and associated funeral services as specified in the Quote for the requested geographic area.

For any questions or notices, please contact us at:

Bare Funeral Group Pty Ltd (ABN 57 635 013 286)

Email: [email protected]

Last update: 16 July 2024