Terms and Conditions
The following terms have the meanings set out below when used in this document:
Act means the Cemeteries and Crematoria Act 2003 (NSW).
Agreement means the agreement formed by our acceptance of the application made by you for a Right of Interment which these Terms and Conditions are attached to and form part of.
Applicant means you as the person or persons making the application to MCFS for goods and services.
Exercised Right of Interment means a location over which there is a Right of Interment where Human Remains have been interred or a headstone has been installed.
Holder of Right means the person(s) who owns the Right of Interment. The Holder of Right doesn’t have to be the Applicant and may be the recipient of a transfer of the Right of Interment to him or her.
Human Remains mean (as in the Act) bodily remains, cremated remains or body parts.
Place of Interment means any place where Human Remains (actual remains or the cremated remains) are or are to be interred and includes graves, crypts, niche walls or any other structure or plot which serves as a receptacle for the deceased.
Policy or Policies means MCFS’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 MCFS provides for in its policies, including any MCFS 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 MCFS’s website.
Right of Interment means the exclusive right to have Human Remains interred at a particular Place of Interment subject to the rights and obligations that the Holder of Right has under the Act and otherwise subject to the terms and conditions attached to the deed we issue for the Right of Interment.
MCFS or we or us means the Muslim Cemeteries and Funeral Services Limited.
You we also use the term “you” when we are referring to you as the Applicant or Holder of Right and other terms such as ‘your’ when referring to your rights or obligations. This includes where the application or the Right of Interment is made in the name of more than one person in which case, the term “you” or “your” refers to all persons who are named as Applicant or as the Holder of Right.
(a) This is an application for an agreement to be made between you and MCFS for the purchase of goods and services. We may accept or reject an application at our discretion. You will be notified within 14 calendar days if the application is accepted or rejected. Your application will form the agreement between you and MCFS as the Applicant for the provision of the applicable goods and/or services.
(b) It is your responsibility to identify and inspect the Place of Interment selected, prior to making the application to make sure that you are or the nominated Holder of Right (if it is not you) is satisfied with it.
(c) The Agreement includes these Terms and Conditions and any Policies provided by MCFS with the application.
(d) Purchase of the 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) If you are the Applicant but you have nominated another person or persons as Holder of Right or if the Right of Interment is transferred to another person or persons, these Terms and Conditions (to the extent that they are applicable to Rights of Interment) apply to that other person or those persons as the Holder of Right.
(f) The Holder of Right must also comply with the Policies of MCFS, which may be amended, varied or replaced at any time.
1.3 Order of succession to a Right of Interment
(a) If the Holder of Right dies, or cannot be found the Right of Interment (and all associated rights) will be passed to the next person entitled to be the Holder of Right in the following order:
(i) where there are two or more Holders of Right of Interment, the Right of Interment will pass to the surviving Holder(s) of Right;
(ii) where the Holder of the Right dies, the Right of Interment will pass in accordance with the will of that person or, if there is no will, in accordance with law. Any person claiming to be entitled to have the Right of Interment transferred to them must provide an executed statutory declaration in a form prescribed by MCFS, that they legally have the right to be the Holder of Right. This right will either be as executor or administrator or as the person entitled under the will of the deceased or under the rules of intestacy to inherit the Right of Interment.
(a) You must pay a deposit of 20% of the purchase price specified in the fees schedule attached to your application at the same time that you submit your application to MCFS. The balance of the purchase price must be paid:
(i) in full within 30 days from the date of signing of the Application by MCFS; or
(ii) if MCFS has agreed, in monthly instalments over the agreed period, in accordance with the payment schedule attached to the application.
(b) The purchase price must be paid in full before goods or services will be provided and specifically before the exercise of a Right of Interment
(c) Once you have paid a deposit, the purchase price is fixed for the goods and services you have ordered (even if MCFS increases the price for the goods and services before you have paid in full).
(d) MCFS may terminate this agreement if it does not receive full payment in accordance with the payment terms above. If this occurs, MCFS will refund any payment already made to you, less the applicable administration fee.
(e) MCFS accepts cash, cheque, direct debit, VISA and MasterCard payments. If the purchase is for a service that is to occur within seven business days, payment must be made by cash, bank cheque, VISA or MasterCard.
(a) The Applicant(s) or Holder of Right may cancel the application or the Right of Interment at any time prior to making final payment and will receive a refund (less administration fees) of amounts paid. Following final payment, a refund will only be made to the Holder of Right (or his or her successor – see clause 1.3). Refunds for the surrender of Exercised Rights of Interment (Human Remains have been interred) will only be made in accordance with the Act and an administration fee may apply.
(b) Once the Right of Interment or Exercised Right of Interment is surrendered and refund made, the Holder of Right has no further rights or responsibilities in relation to the Place of Interment.
Right of Interment – Conditions
2.1 Conditions of Grant
(a) Once MCFS has accepted your application for a Right of Interment and when you have paid the full purchase price, the Holder of Right is granted the exclusive right to use the allocated site as a Place of Interment, on the following conditions:
(i) you must not exercise the Right of Interment or take any other action which would materially alter the Place of Interment without prior written approval of MCFS;
(ii) you may transfer the Right of Interment to another person but the transfer is subject to the Holder of Right providing MCFS with a written request to transfer to do so. The transfer will not be effective until you have paid all applicable transfer fees and MCFS has approved and recorded the transfer;
(iii) if you require priority allocation of a Place of Interment, selection of site and actual interments of remains into the Place of Interment, additional fees and charges may apply.
(b) MCFS may at its discretion refuse to carry out an interment if:
(i) any remains, historical or archaeological relic or object of any kind are discovered during the course of preparing a site for an interment.
(ii) for any other reason permitted by applicable legislation.
(c) If MCFS is unable to permit an interment for any of the above reasons, it will offer you (at your option) an alternative Place of Interment or a refund in full of all fees paid for the Right of Interment.
(d) In relation to the Place of Interment, all graves are dug to allow for two interments.
2.2 Authorisations to Exercise
(a) Applications to MCFS to exercise a Right of Interment must be made to MCFS by or with the written authority of, the Holder of Right and MCFS’s authorisation obtained prior to any exercise of a Right of Interment to inter human remains.
(b) Anyone applying to exercise a Right of Interment must provide proof he or she or they:
(i) is or are the Holder of Right (by providing the deed for the Right of Interment); or
(ii) acts with the authority of the Holder of Right. In this case, the application needs to include a copy of the letter of authority, or evidence of next of kin or other documentation as required by MCFS.
(c) Where a Right of Interment is held by two or more people as the Holder of Right and one of them wishes to take any action with respect to the Right of Interment, he or she warrants to MCFS that he or she has the other Holders of Right’s permission to act in the manner proposed. If requested to do so by MCFS, he or she must provide evidence of the other Holders of Right permission has been granted for the proposed action.
(d) If evidence of permission is requested by MCFS, it must be provided prior to any action taking place with respect to the Right of Interment.
2.3 Land Use and Development
MCFS may, subject to the Act but otherwise at its absolute discretion and at any time, choose to alter the specifications, restrictions and infrastructure associated with any of its cemetery sites. This includes the establishment of new areas, structures and infrastructure as well as the refurbishment of existing areas.
2.4 Non-approved Items (Floral / Offerings)
(a) To preserve the well-kept beauty of the cemetery grounds and to reduce the risk of injury, certain items are not permitted.
(b) For information on approved items / non-approved items refer to the applicable Floral Policy. Non-approved items may be removed and disposed of without prior notification.
2.5 Burning of Candles
Burning of candles or any other material is not permitted unless specified otherwise in the applicable Floral Policy. However, on total fire ban days as declared by the Country Fire Authority of NSW, the burning of candles or other materials is not permitted at all.
3.1 General Tenure
(a) To the extent permitted by law, the Right of Interment is held in perpetuity (forever).
(b) Rights of Interment are granted in perpetuity (forever). However, if after 25 years from the date of the grant of the Right of Interment, the Right of Interment has not been exercised, MCFS may reclaim the Place of Interment if it has complied with the Act and conducted all diligent enquiries to locate the Holder of Right and has been unable to do so. In such circumstances, the Holder of Right will lose that Right of Interment after the expiration of 25 years.
MCFS 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 Holder of Right 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.
(a) To the extent permitted at law, this Agreement contains all of the terms and conditions agreed between you and MCFS and all previous oral or written communications and representations made between you and MCFS in relation to the supply of these goods and services.
(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 NSW.
Privacy – Collection Statement
6.1 Collection of Personal Information
(a) MCFS 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 or the provision of goods and services contracted for. This collection of personal information is also required to assist MCFS in complying with its obligations under the Act.
(b) Under the Act, MCFS is obliged to keep records regarding interments, 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 Holder of Right chooses not to provide the personal information requested in this application, MCFS may not be able to process the application or provide the goods and services for which the information is required.
6.3 Privacy Statement
(a) Any personal information you provide in your application will be treated in accordance with the principles set out in the Privacy and Data Protection Act 2014.
(b) You are able to request access to the information that we hold about you, and to request its correction if necessary. The information you provide to us is required to help us process your application and notify you of matters concerning it. We also need the information to perform our functions, comply with our obligations and exercise our rights under the Cemeteries and Crematoria Act 2003.
(c) Except for information you are required under the legislation to submit with your application, you are not obliged to provide any personal information. However, should you choose not to provide this information, we may not be able to process your application form or provide the services to you for which the information is required.