1. General Terms
1.1 Definitions:
(The) Act means the Cemeteries and Crematoria Act 2003 (VIC).
Applicant means the person(s) making the application to SMCT for goods and services.
Agreement means the agreement entered into between the Applicant and SMCT in accordance with clause 1.2 comprising the application form, these terms and conditions, the Policies and any document issued by SMCT in relation to purchases of other goods and services subject always, to the Act which will prevail over any contrary or inconsistent provision of this Agreement.
Certificate Holder means the person(s) for whom the cremation certificate is being purchased. The Certificate Holder may be someone other than the Applicant.
Human Remains has the meaning defined in the Act but in summary, includes a human body (including a stillborn child), other human tissue or body parts which are separate from the human body of which they were part (this includes foetal remains) and includes any of them which have been cremated at a crematoria.
Memorial means a monument, tombstone, headstone, ledger, cenotaph, plaque or other memorial to one or more deceased persons and includes a 'token memorial' which is a memorial installed at a Place of Interment where no Human Remains are interred at that site.
Policy or Policies means SMCT's policies in relation to the provision of the goods and services, the use of the goods and services, access to the cemetery ground, and any other matters which SMCT provides for in its policies, including any SMCT rules and regulations. These documents may be updated from time to time and the updated policy or rule will apply from the date it is published on SMCT's website.
SMCT means the Southern Metropolitan Cemeteries Trust.
1.2 Agreement
(a) This is an application for an agreement to be made between the Applicant(s) and SMCT for the purchase of goods and services. SMCT at its discretion may accept or reject an application. Any application accepted by SMCT will form the Agreement with the Applicant.
(b) Where the proposed Certificate Holder is different from the Applicant, the issue of the cremation certificate for the Certificate Holder will create a separate contractual arrangement between SMCT and the Certificate Holder on the terms set out in the cremation certificate.
(c) Purchase of all goods and services is governed by these terms and conditions and they will prevail over any inconsistent provisions which may be contained in any other document.
(e) The Certificate Holder must also comply with the Policies of SMCT including those provided with the application, which may be amended, varied or replaced at any time.
1.3 Cancellation
(a) The Applicant(s) may cancel the application for goods, services or Right of Interment at any time and a refund (less administration fees) will be given to the Applicant.
(b) SMCT may offer a range of packages for goods and services. The goods and services offered in these packages are standard and cannot be altered. No refund or discount will be provided if the Certificate Holder or Applicant does not use one or more of the items included in a package. For full details of what is included in the package purchased, refer to the applicable invoice.
2. Privacy – Collection Statement
2.1 Collection of Personal Information
(a) SMCT collects personal information to assist in the processing of this application and to notify Applicant(s) and Holder(s) of Right about matters concerning them or the applicable Place of Interment and the provision of goods and services contracted for. This collection of personal information is also required to assist SMCT in complying with its obligations under the Act.
(b) Under the Act, SMCT is obliged to keep records regarding interments, cremations and Rights of Interment. Members of the public are entitled to request and be provided with access to those records.
(c) If the Applicant or the Certificate Holder chooses not to provide the personal information requested in this application, SMCT may not be able to process the application or provide the goods and services for which the information is required.
2.2 Privacy Policy
The current version of SMCT's Privacy Policy can be found at smct.org.au, and it contains further information about how personal information is collected, used and stored by SMCT, how to access the information, to seek correction to such information, or to make a complaint to SMCT about the information.
3. General Terms
(a) To the extent permitted at law, this agreement supersedes and excludes all previous oral or written communications and representations made by or on behalf of SMCT in relation to the supply of these goods and services. Your statutory rights are not affected.
(b) If there is any inconsistency between the English and translations in other languages, the English version will apply.
(c) The terms and conditions of this agreement can only be varied in writing signed by all parties.
(d) Rights created under this agreement cannot be waived except in writing by the party granting the waiver.
(e) If any part of this agreement is void, unenforceable or illegal it is severed and the remainder continues in full force and effect.
(f) This agreement is governed by the law of Victoria.