Website Terms and Conditions of Use
Education and Training
1. THE SERVICE
The purpose of the Service is to enable You to receive access to information, Online Training, materials, resources and merchandise through Our Site in relation to our Mission to Make Australia the safest place in the world to raise a child.
For as long as We continue to offer this Site and the Service, We shall provide You with the ability to access the service available on the Site in accordance with these terms and conditions of use.
2. GENERAL TERMS AND CONDITIONS OF USE
2.2 Amendments to terms and conditions of use
We reserve the right to amend these terms and conditions of use at any time. Any amendments shall be effective immediately upon notification on the Site. Your continued use of the Site following such notification will represent an agreement by You to be bound by the terms and conditions of use as amended.
2.3 Access and use
The Site is intended for personal use only and may not be sold, redistributed or used for any commercial purpose.
To access some parts of the Site, you will be required to become a Registered User. You may, however, have limited access to browse and use certain features of the Site without becoming a Registered User.
By accessing and using the Site, you assume all risks associated with such access and use. The Site is provided to You on an as is basis. To the fullest extent permitted by law, We do not represent or warrant that the Site or the services generally available through the Site will be uninterrupted or error-free or defect-free or that errors or defects in the Site will be corrected. We do not represent or warrant to You that any electronic files available through the Site will be free of Harmful Code nor that Your use of the Site will achieve any particular result.
We reserve the right, at any time, to disable, close or render inaccessible the Site for so long as We desire for any reason whatsoever, and without the need to provide any reasons. To the maximum extent permitted by law, We do not accept liability for any Loss which You may suffer or incur as a result of such actions.
You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to, or alteration of, Your transmissions of data or of information contained on Your computer system or on this Site. To the maximum extent permitted by law, We accept no liability for any Loss which You may suffer or incur as a result of such activity. You agree to immediately notify Us of any unauthorised use of Your user name and password or any other breach of security.
You must take Your own precautions to ensure that the processes taken by You to access this Site do not expose You to the risks of Harmful Code.
2.6 Changes to the Site
We reserve the right to make any changes to the Site as considered by Us necessary or desirable, at any time, without notice. We will use all reasonable endeavours to give prior notice of such changes on the Site but You acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects on the Site or for security reasons).
2.7 Lawful use
You must use the Site for lawful purposes only and ensure that Your access to, or use of, the Site is not illegal or prohibited by law. It is Your responsibility to obtain legal, financial, accounting and other professional advice in relation to compliance with all Applicable Laws in using the Site.
You agree at all times to deal with any information or material provided by Us or accessed through the Site in a manner which complies with all Applicable Laws of Australia or of any other relevant jurisdiction.
2.8 Misuse and interference
You must not:
- attempt to gain unauthorised access to any part of the Site;
- interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected to the Site or the integrity or performance of the Site;
- disable any protection software associated with the Site;
- send or store any Harmful Code;
- use any feature of the Site in a manner that We reasonably determine is inappropriate or not intended.
2.9 Prohibited information
You must not submit information to Us on, from or through the Site that:
- may infringe the rights of any other person, including without limitation Intellectual Property Rights;
- may disclose a person’s confidential information;
- may contravene Your privacy obligations or any other person’s privacy obligations;
- is illegal or may constitute or encourage any contravention of any Applicable Laws by any person;
- is otherwise, in Our view, inappropriate.
2.10 Ownership of information You submit to Us
2.11 Communications with Site Users
In any communications with other Site Users, You must not send threatening, offensive or abusive communication or any communication intended to, or likely to, threaten, offend or abuse another Site User. You must not solicit any business from any other Site User or buy or sell (or attempt to buy or sell) products and / or services through the Site or the Service.
2.12 Information on the Site
While we make all reasonable efforts to ensure the accuracy of the Materials, We do not warrant or represent the accuracy, completeness or suitability for Your intended use of any information contained on the Site, including, without limitation, any Materials. You are responsible for Your use of any information or materials obtained from the Site. You should make Your own enquiries to check if the information on the Site is accurate, complete and suitable for Your intended use.
All information in the Materials is of a general nature only and is not intended to constitute personal or other professional advice. The Site may contain information that includes the views or recommendations of others that are not necessarily Our views. Any reliance on such information, views or recommendations is at Your own risk.
The Site may contain links and pointers to internet sites maintained by third parties. These links to third party sites are provided for Your convenience. Such links are not under Our control and We are not responsible for the contents (including the accuracy, completeness or suitability for Your intended use) of any linked site or any link contained in a linked site. We do not endorse any information on those linked sites or any associated organisation, product or services.
To the maximum extent permitted by law, We do not accept any liability for, and You hereby release Us from any claim in relation to, any Loss, howsoever caused (including through Our negligence), suffered or incurred by You arising from or in connection with:
- Your access to, or use of, this Site, any Materials or any linked site;
- any change in content of the Site;
- any decision or action taken by You in reliance on any Materials or any linked site; or
- the availability of the Site or any error or defect in the Site.
- The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded (including, without limitation, any guarantee under the Australian Consumer Law) (a non-excludable provision).
2.14 Implied terms
Subject to any non-excludable provisions of the Australian Consumer Law or any other legislation, and to the fullest extent permitted by law, any guarantee, condition or warranty (including, without limitation, any implied guarantee, condition or warranty of merchantability, satisfactory quality or fitness for a particular purpose) which would otherwise be implied in these terms and conditions of use is hereby excluded.
Where the Australian Consumer Law or any other legislation implies in these terms and conditions of use any guarantee, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such guarantee, condition or warranty, Our liability for any breach of such guarantee, condition or warranty shall be limited, at Our option, to one or more of the following:
- if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and
- if the breach relates to services: the supplying of the services again or the cost of having the services supplied again.
You acknowledge and agree that reliance by Us on this limitation of liability is fair and reasonable in all the circumstances.
2.15 Force Majeure
We accept no liability for any delay or failure to perform Our obligations under these terms and conditions of use if such a delay or failure is due to circumstances beyond Our reasonable control.
You agree to indemnify and keep indemnified, Us, Our officers, employees and agents (those indemnified) against all Loss suffered or incurred by those indemnified in connection with:
- Your access to, or use of, this Site, any Materials, information You submit to Us or any linked site;
- any decision or action taken by You in reliance on any information or materials on the Site and any linked site;
- any breach of any these terms and conditions of use by You;
- any wilful misconduct by You; or
- any negligent act or omission by You.
All copyright in the Materials (including, without limitation, text, graphics, logos, icons, sound recordings and software) is owned by Us. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these terms and conditions of use or the relevant copyright owner or licensor, You may not, in any form or by any means:
- copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Materials; or
- commercialise the whole or any part of the Materials, without Our express written permission or, in the case of third party material, from the owner of the copyright in that material.
2.18 Trade marks
Trade marks used on the Site are Our trade marks (registered or unregistered) or trade marks of third parties. If You use any trade marks owned by Us, in reference to Us or the Site You must include a statement attributing that trade mark to Us. You must not use any of Our trade marks or trade marks of third parties featured on the Site:
- in, or as the whole or part of, Your own trade marks;
- in connection with any business, products or services which are not Ours;
- in a manner which may be confusing, misleading or deceptive to any person; or
- in a manner that disparages Us, the third party owners of the trade marks or the Site.
2.19 Linking to the Site
You may only insert a link to the Site if:
- the link is presented in a way which fairly represents Our business and the Site and does not disparage us;
- the context in which You insert the link does not give visitors the impression that the relevant site or business, is sponsored or endorsed by Us, or otherwise affiliated with Us;
- the source of the material on the relevant site is clear, including without limitation by ensuring that the context of the link does not suggest that we have created any of the content on that site; and
- the link opens in a new window, and not in the navigation of the relevant site.
We may, at Our discretion, suspend Your access to all or part of the Site for any reason, including without limitation if We reasonably consider that You are in breach of any provision of these terms and conditions of use. We may, at Our discretion, terminate these and your access to all or any part of the Site or Service, without the need to provide reasons.
Termination of this agreement and Your access to the Site or Service will not end those provisions that are capable of surviving the ending of this agreement.
2.21 General provisions
Any waiver, in whole or part, of any rights available to Us under these terms and conditions of use is only valid if it is in writing and is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches only).
If any provision of these terms and conditions of use is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these terms and conditions of use, in which case, the remainder of these terms and conditions of use shall nevertheless continue in full force.
Nothing in these terms and conditions of use shall impose a duty of care upon Us in respect of Your use of the Site.
The laws governing these terms and conditions of use will be the laws in the State of Queensland, Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State.
3. REGISTERED USER
If You are a Registered User, You are solely responsible:
- for Your use (or of any person using Your email address and password) of the Service and the Site;
- to ensure that You maintain the confidentiality of Your password; and
- to ensure that, in using the Service, you comply with these terms and conditions of use as published on the Site.
You may change Your password (or Your Profile) at any time by following instructions on the Site.
4. ONLINE PRODUCTS AND SERVICES
Any order for Products or Services made through the Site is an offer by You to purchase those Products or Services for the price of those Products or Services (together with all applicable Delivery Fees and Taxes) at the time You place the order. You must provide Us with any additional details and / or confirm Your details if requested by Us in connection with any order. You must provide Us with complete and accurate details when making an order through the Site.
It is Your responsibility to comply with all Applicable Laws (including any minimum age requirements) in ordering Products or Services on the Site.
4.1 Product availability
Should a Product be discontinued or temporarily out of stock, we will contact you and provide You with the option to cancel Your order and receive a refund in relation to any payments made by You for that order.
4.2. Pricing and payment
Prices appear in Australian dollars. Where applicable, prices include GST.
All prices are correct at the time of online publication. Prices are subject to change without notice. We reserve the right to correct prices quoted in the invoice, if found to be incorrect.
All payments are made by a secure server, which will encrypt each transaction as a security precaution, and all payments must be made in Australian Dollars only. You may pay for an accepted order using Your Visa, MasterCard, Debit cards displaying a Visa or MasterCard logo or PayPal.
If We are unable to successfully process payment for Your order, then We may reject or cancel Your order. If You choose to pay by credit card, You authorise Us to debit the amount that is payable for an accepted order from Your nominated credit card. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
4.3 Postage and handling
Unless specifically stated by Us, all products and services are intended for purchase and shipment within Australia. We will not ship any orders placed through Our Site for shipment internationally. In the event that any order is made requiring international shipment, those orders will be cancelled by Us, and any payment made refunded.
The Delivery Fee of Our Products purchased by You, will be calculated at the time the Products are ordered, and will be incorporated into the final price of the order.
4.4 Risk and Title
Risk in the Products and title in the Products or Services ordered on the Site passes to You upon delivery to You at Your delivery address.
4.5 Delivery delays
All Products are promoted in good faith to be available at the time of ordering. Unforeseen supply problems or unexpected demand may occasionally result in Products being unavailable. Should there be a delay in dispatching your order we will contact you to advise you of the reason for the delay.
4.6 Duration of Services
Services purchased through the Site have a valid duration of 12 months from the date of purchase. Services purchased through the Site will automatically expire after 12 months. Refunds will not be granted for unused or partially used services after the 12 month period.
4.7 Returns and refunds
Any claim for incorrect shipment, faulty or damaged Products or Services on delivery, must be made within five (5) working days of receipt of Products or Services.
We do not permit change of mind returns or exchanges of our Products or Services purchased by You.
Faulty Products or Services will be accepted for credit or replacement at the sole discretion of Us. Delivery and packaging charges are not refundable.
In these terms and conditions of use, unless the context otherwise requires:
Applicable Laws means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to Your use of, and access to, the Site and includes, without limitation, those relating to anti-discrimination, consumer laws, intellectual property, privacy, and confidentiality.
Delivery Fee means the fee for the delivery of Products ordered by You. The fee for each order will depend on the type of Product ordered (in particular, the size and weight of the Product).
GST has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Harmful Code means any computer virus, trojan, worm, other malicious computer code or other forms of interference that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.
Intellectual Property Rights means any current or future, registered or unregistered rights in any copyrights, patents, inventions, discoveries, trade marks, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world.
Loss means loss or damage of any kind including but not limited to: loss of profits; indirect, consequential, special exemplary or punitive loss or damage; or liability to a third party.
Materials means any content made available by You via the Site (including but not limited to software, information, data, documents, images, photographs, graphics, audio, videos, or webcasts).
Product means each of the goods advertised on the Site.
Registered User means a Site User registered with the Site.
Service means the service as described in clause 1 of these terms and conditions of use.
Site means the website operated by Us at www.bravehearts.org.au
Site User means any person who has access to, or uses, the Site.
Taxes means all taxes, duties, levies and charges (other than GST) in connection with any Products or any transaction under these terms and conditions of use.
We, Us, Our means Bravehearts Foundation Limited ABN 41 496 913 890.
You, Yourself, Your means the person accessing the Site, including without limitation Registered Users.