Terms of use

CRP.024 - Version November 2016

1. Website Terms and Conditions

1.1. By accessing the Website you agree fully with these Terms.

1.2. By accessing the Website you represent and warrant that you are 18 years of age or, if you are under 18 years of age, that you have parent or legal guardian consent to access the Website.

1.3. If a person accesses the Website on behalf of any entity, that person represents and warrants that they are authorised to accept these Terms on that entity’s behalf.

1.4. These Terms do not alter in any way the terms or conditions of any other agreement or arrangement you may have with AASA in respect of any products, services or otherwise.

1.5. AASA reserves the right to change or modify these Terms at any time at its absolute discretion.  If AASA changes or modifies these Terms, AASA may, but is under no obligation to, provide you with notice of such changes or modifications.  Notice of such changes or modifications may be made by notice on the Website, or by such other means as determined by AASA in its absolute discretion.

1.6. You confirm your acceptance of any changes or modifications to these Terms by doing any of the following after the changes or modifications are made:

1.6.1. accessing the Website; and

1.6.2. Accessing information and materials on the Website.

2. Definitions

In these Terms unless the contrary intention appears:

2.1. ‘AASA’ meansAlzheimer’s Australia SA Incorporated ABN 36 236 331 877;

2.2. ‘Terms’means these Website Terms and Conditions; and

2.3. ‘Website’ means the websites, mobile applications, blogs, social media and any other form of media of AASA that link to these Terms.

3. Interpretation

In these Terms unless the contrary intention appears:

3.1. the singular includes the plural and vice versa;

3.2. a gender includes all other genders;

3.3. where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

3.4. a reference to a person includes any corporation, partnership, joint venture, trust, association, government, or public authority and vice versa;

3.5. a reference to a clause or annexure is to a clause of or annexure to these Terms;

3.6. a reference to a request or notice means a request or notice in writing;

3.7. a reference to any party to this or any other document includes the party’s successors and permitted assigns;

3.8. a reference to a document is to that document as amended, novated, supplemented, varied or replaced from time to time and includes any annexures, schedules and appendices to that document, except to the extent prohibited by that document;

3.9. a reference to any legislation or legislative provision includes any statutory modification, substitution or re-enactment and any subordinate legislation issued under that legislation or provision;

3.10. a reference to conduct includes any act, omission, representation, statement or undertaking whether or not in writing;

3.11.  mentioning anything after include, includes or including does not limit what else might be included;

3.12. a reference to a person that comprises two or more persons means those persons jointly and severally;

3.13. the headings are for convenience only and do not affect the interpretation of these Terms;

3.14. a reference to a month means a calendar month; and 3.15         a reference to time means South Australian time.

4. Use of Website

You must not:

4.1. use the Website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;

4.2. use the Website to post or transmit any material which is defamatory, obscene, indecent, inflammatory or pornographic or which prevents any other person from using or enjoying the Website;

4.3. make fraudulent requests through the Website;

4.4. use another person’s details on the Website;

4.5. tamper with or hinder the operation of the Website;

4.6. transmit any viruses or defects or similar disabling or malicious code to the Website;

4.7. use the Website other than in accordance with these Terms; or

4.8. attempt any of the above acts or engage or permit another person to do any of the above acts.

5. Acknowledgements

You acknowledge and agree that:

5.1. AASA cannot and does not warrant that the Website is free from any errors, viruses or defects;

5.2. AASA will not be liable for any loss or damage suffered as a result of any errors, viruses or other defects on the Website;

5.3. AASA makes no representation or warranty that the Website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur your computer system;

5.4. you must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system;

5.5. whilst AASA strives to protect all information and materials made available by you on the Website, AASA does not warrant and cannot ensure the security of any information and materials which you transmit; and

5.6. any information and materials transmitted by you is transmitted at the your own risk.

6. Information and Materials

6.1. AASA does not warrant the accuracy and completeness of the information and materials contained on the Website.

6.2. The information and materials contained on the Website are not intended to be recommendations or advice.  Before following or acting on any information or materials contained on the Website, you should seek specific professional advice about your situation.

7. Third Party Content

7.1. The Website may display information, materials, content, advertisements and promotions from third parties (collectively, ‘Third Party Content’).

7.2. AASA does not control, endorse or adopt any Third Party Content.

7.3. AASA makes no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness.

7.4. You acknowledge and agree that:

7.4.1. Your interactions with third parties providing Third Party Content are solely between you and such third parties; and

7.4.2.  AASA is not responsible or liable in any manner for such interactions or Third Party Content.

8. Intellectual Property

8.1. Elements of the Website are protected by trade marks, copyright and other laws.  These intellectual property rights may be owned by AASA or by a third party.  Nothing you do in relation to the Website will transfer any intellectual property rights to you, or license you any intellectual property rights, in and to the Website, unless expressly stated.

8.2. All registered trade marks used on the Website are used with the permission of the relevant trade mark owner.  You must not use any trade marks without the prior, specific, written permission of its owner.

8.3. All rights (including copyright and moral rights) in the content, layout and compilation of the Website and online pages, images, text, graphics, logos, buttons, videos, audio and software (including all object source and machine readable code) are owned or controlled for these purposes, and are reserved, by AASA.  You must not:

8.3.1. Copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), upload, transmit, post, distribute, show or play in public, adapt or change in any way, the Website or its contents except as expressly provided for; or

8.3.2. Reproduce, re-use, re-transmit, adapt, publish, broadcast or distribute the copyright material for any purposes whatsoever without or prior written permission.

9. Privacy Policy

9.1. If you provide personal information to AASA via the Website, AASA will treat that information in accordance with AASA’s obligations under the Privacy Act 1988 (Cth) and the AASA Online Privacy Policy.

9.2. For details of the AASA Online Privacy Policy, please go to the following link: http://dtsc.com.au/wp-content/uploads/sites/2/2015/01/AASA-Online-Privacy-Policy-20140902.pdf.

10. Limitation of Liability

10.1. AASA does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Website or any linked website.

10.2. AASA does not accept any responsibility for any such loss arising out of your use of, or reliance on, information and materials contained on or accessed through the Website.

10.3. If any law implies any condition or warranty on AASA, and that legislation prohibits AASA from excluding or modifying the application of, or AASA’s liability under, any such condition or warranty, that condition or warranty will be deemed included but AASA’s liability will be limited for a breach of that condition or warranty, to the extent permitted by that law, and at AASA’s option, to the resupplying of information and materials on the Website.

(a) defects whatsoever in information and materials published on the Website; or10.4.1. any claim made under, or in connection with, a contract, in tort, under statute, in equity or otherwise in respect of:10.4. To the extent permitted by law, AASA is not liable to you (and any party claiming through you) for:

(b) viruses, malicious computer code or other forms of interference arising from or in connection with use of the Website; or

(c) the loss or damage to person or property arising from or caused from such defects in information and materials, viruses, malicious computer code or other forms of interference;

10.4.2. any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the information and materials published on the Website or by viruses, malicious computer code or other forms of interference arising from or in connection with use of the Website where such loss or damage includes:

(a) any loss of income, profit or business; or

(b) any loss of goodwill or reputation.

11. Indemnity

You will indemnify and keep indemnified and hold AASA harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by AASA, and from and against all actions, proceedings, claims or demands made against AASA, arising from one or more of the following:

11.1. your failure to comply with any laws, rules, standards, regulations or instructions applicable in relation to the Website;

11.2. any negligence or breach of duty by you and your employees, agents or contractors in relation to the information and materials on the Website;

11.3. your use of the Website; and

11.4. you, or any person to whom you provide the information and materials you viewed on the Website, suffering loss as a result of viewing information and materials in the Website.

12. General

12.1. These Terms are governed by the laws of South Australia and the Commonwealth of Australia.  The parties submit to the jurisdiction of the Courts of South Australia and the Commonwealth of Australia.  Any proceeding brought in the Federal Court of Australia must be instituted in its South Australia District Registry.

12.2. All rights under these Terms are in addition to and do not abrogate, limit or reduce any other rights that AASA may have.

12.3. Any provision of these Terms that is invalid, unenforceable or illegal must be read down to the extent necessary to avoid that effect.  If that is not possible, that provision must be excluded from these Terms but only to the extent necessary to avoid that effect.  All other provisions of the Terms continue to be valid and enforceable.

12.4. A right or obligation under these Terms cannot be waived except by written notice by the party waiving that right or obligation and specifying the waiver.

12.5. These Terms record the entire agreement between the parties as to its subject matter. Any prior negotiations, agreements, arrangements, representations and understandings related to the subject matter of these Terms are superseded by these Terms.