Terms & Conditions

Background

A. Peaceful Plans is a co-ordinator of pre-paid funeral plans provided by Funeral Service Providers.

B. Peaceful Plans helps to match your personal wishes and preferences for the type of pre-paid funeral that you want, with up to 3 providers of funeral services and related products, who can deliver what you want cost-effectively.

Introduction and Acceptance

  1. These Terms apply to all transactions between you and Peaceful Plans relating to the provision of our Services.
  2. Please read through these Terms carefully. If you have any questions concerning them, please contact us.
  3. You may accept these Terms by clicking the “agree” button when submitting our Online Form. You are also deemed to accept these Terms and be bound by them if you instruct us to provide the Services, or you pay the Deposit.
  4. Upon your acceptance, these Terms create a legally binding agreement between us and you.

Information Gathering

  1. To receive our Services, you must fill out the required details in our Online Form available on our Website.
  2. The Online Form will ask you to provide your instructions about your funeral preferences, wishes and other information about the type and style of funeral that you wish to have.
  3. If you are not able to fill out the Online Form, you can email or call us and request the Online Form be posted or email to you.
  4. When you submit our Online Form via our Website, by email or post, you will receive a Confirmation Email and Case Number from us.
  5. We will then contact you within [5] business days to discuss our Services and fine-tune the Brief. If you have specified an Urgency Date in the Online Form, we will use reasonable endeavours to contact you within [2] Business Days.
  6. You agree to provide your instructions and all necessary information, authorisations and approvals for us to provide our Services. If you delay providing these things or make changes, we will not be responsible for any delay in providing the Services.

Brief

  1. We will prepare a Brief based on the instructions you give us in the Online Form and in any subsequent discussions between you and us.
  2. We will provide you with a copy of the Brief, which you must approve in writing before we commence our Services.
  3. We will use our best endeavours to accommodate all your wishes as set out in the Brief, but any modest variations in the Brief do not constitute a breach by us of these Terms.
  4. If you wish to change the Brief after you have approved it, we will use our best endeavours to accommodate any changes, but we are under no obligation to do so.
  5. We are not responsible for errors in the Brief that has been approved by you.

Deposit

  1. Upon your approval of the Brief, you must pay the Deposit.
  2. The Deposit can be paid by cash, EFT, debit card or credit card.

Approaching the Market

  1. We have relationships with various Funeral Providers that allows us to find funeral products and services that may be suitable for you, based on the Brief.
  2. We are independent from the Funeral Providers, and we do not have any business association with them except the right to receive Commissions upon a Successful Option Event.
  3. We are not obligated to approach any specific Funeral Provider or certain number of Funeral Providers. Typically, we approach at least three Funeral Providers.
  4. We negotiate with the Funeral Provides on their products, services and prices.
  5. We consider and compare the funeral products and services offered by the Funeral Providers, and use this information to develop the Options for you.

Report

  1. Our Report will set out the Options for you, based on the Brief.
  2. We will use reasonable endeavours to deliver our Report to you by the Estimated Delivery Date, but we cannot guarantee this date or any Urgency Date.
  3. The Report is confidential and must not be disclosed by you to any third party (including a Funeral Provider) without our prior written consent.
  4. Any comment, suggestion, information, recommendation or assistance given by us in the Report, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. We do not accept any liability or responsibility for any Loss suffered as a result of your reliance on such comment, suggestion, information recommendation or assistance.
  5. You must advise us which of the Options which is your Preferred Option 1, Preferred Option 2 and Preferred Option 3.
  6. We will provide you with a Warm Introduction to the Funeral Provider of your Preferred Option 1.
  7. If you are not satisfied with your Preferred Option 1, we will provide you with a Warm Introduction to your Preferred Option 2 and Preferred Option 3.
  8. You will then arrange to meet with the Funeral Provider. We do not participate in that meeting.

Our Remuneration

  1. If you select a Funeral Provider and enter into a Funeral Agreement within 90 days of the date of our Report, then this is known as a “Successful Option Event”. In that case:
    • we will release your Deposit to the Funeral Provider, and the Funeral Provider will deduct the Deposit from the Funeral Agreement Price; and
    • we receive a commission of $650 from the Funeral Provider directly.
  2. If you do not select a Funeral Provider or enter into a Funeral Agreement within 90 days of the date of our Report, then this is a “No-Options Event”. In that case:
    • we will deduct a $200 fee from the Deposit; and
    • we will return the balance of the Deposit (being $50) to you, within 10 Business Days.

Your Obligations

  1. You acknowledge and agree that:
    • we only provide the Services set out in this agreement. We do not provide funeral services directly.
    • if you wish to proceed with one of the Options, you must enter into a Funeral Agreement directly with a Funeral Provider.
    • you must read the relevant product disclosure statements and all terms of the Funeral Providers about their products and services for any Option that you select.
    • our Services are recommendations only. You should undertake your own enquiries as to the suitability and reliability of any Funeral Provider and products and services.
    • you are solely responsible for assessing whether or not to enter into a Funeral Agreement with a Funeral Provider.
    • your dealings with the Funeral Provider, including payment, entering into an agreement for the funeral products and services, the delivery of those products and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the Funeral Provider.
    • we do not supervise, manage, direct, control or monitor the Funeral Provider in the performance of the funeral products and services, and any contractual obligations in or arising from the Funeral Agreement.
    • if there is a dispute between you and a Funeral Provider, we are under no obligation to resolve or become involved in such a dispute in anyway, including but not limited to being joined to any legal proceedings concerning a dispute.

Termination and expiry

  1. You may terminate this agreement for any reason by giving written notice. Such termination will be effective immediately. If you terminate this agreement, we will charge our $200 fee which will be deducted from the Deposit.  The balance of the Deposit (being $50) will be refunded to you within 10 Business Days.
  2. We may terminate this agreement for any reason by giving written notice and will be effective immediately. If we terminate this agreement before we have delivered our Report, we will refund the entire Deposit to you within 7 days.
  3. Otherwise, this agreement will automatically expire in the case of a No Options Event or Successful Options Event.

Exclusion and limitation of liability

  1. Our liability under, or in connection, with this agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not exceed the Deposit.
  2. Our liability for failure to comply with a Consumer Guarantee is, to the extent permitted by law, the supply of the Services again or the payment of the cost to you for having the Services supplied again.
  3. We have no liability to you or any third party whatsoever in or arising from the provision of the Funeral Services, or your dealings with Funeral Providers or the Funeral Agreement.

Warranty disclaimer

  1. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.

Privacy

  1. Please refer to our Website for our privacy policy and how Personal Information is collected, retained, used and disclosed by us and how we manage that Personal Information. If you require a hard copy of our privacy policy, please contact us.
  2. You consent to us disclosing all Personal Information provided by you to us to the Funeral Provider for the purposes of our Services.

Intellectual property

  1. Where applicable, the Report (being all intellectual property, including but not limited to, copyright, confidential information, know-how) remains our property.

Force Majeure

  1. If circumstances beyond our control prevent or delay provision of the Report, we are relieved of any obligation to provide the Report while those circumstances continue.
  2. Circumstances beyond our control include, but are not limited to, unavailability of materials or components, fire, flood, storm or other severe weather condition, pandemics, lockdown or quarantine ordered by a government agency, transport difficulties and failures or malfunctions of computers or other information technology systems.

Law and jurisdiction

  1. These Terms are governed by, and are construed in accordance with the laws from time to time in force in South Australia.
  2. The Parties submit to the non-exclusive jurisdiction of the courts of South Australia.

Definitions

  1. In these Terms:

48.1  Brief means the funeral brief that we prepare based on your instructions, wishes and preferences.
48.2 Consumer Guarantee means a guarantee applicable to the supply of services which is incorporated into this agreement pursuant to Part 3-2, Division 1 of the Australian Consumer Law;
48.3 Deposit means the $650 deposit payable to Peaceful Plans as provided for in clause 16.
48.4 Estimated Delivery Date means the estimated delivery date of the Report to you as specified in the Brief;
48.5 Peaceful Plans means Peaceful Plans Pty Ltd ACN 691 896 312;
48.6 Preferred Option 1 means your first choice of the Options.
48.7 Preferred Option 2 means your second choice of the Options.
48.8 Preferred Option 3 means your third choice of the Options.
48.9 Personal Information means has the meaning as defined in the Privacy Act 1988 (Cth).
48.10 Price means the prices for each of the Options set out in the Report;
48.11 Funeral Agreement means a contract entered into between you and the Funeral Provider for the funeral product and services;
48.12 Funeral Provider a provider of pre-paid funeral products and services;
48.13 Online Form means the Online Form available on our Website that you must fill in to receive the Services, or a hard copy of our Online Form.
48.14 Options means the three options we will present to you for funeral products and services offered by the Funeral Providers set out in the Report.
48.15 Report means our written report to you containing the Options.
48.16 Services means our services in seeking and negotiating with Funeral Providers for the purposes of collating the Options for you;
48.17 Successful Option Event means when you enter into a Funeral Agreement within 90 days from the Report Date, as defined in clause 31.
48.18 Terms means these terms and conditions in this agreement and any agreed variations;
48.19 No Options Event means when you do not enter into a Funeral Agreement within 90 days from the Report Date, as defined in clause 32.
48.20 Urgency Date means a date in which you require the Report to be delivered urgently and as specified in the Online Form.
48.21 Warm Introduction means a personalised introduction from us to the Funeral Provider selected by you.
48.22 we, us or our means Peaceful Plans;
48.23 Website means our website located at the domain www.peacefulplans.com.au