Welcome to www.pelvicpain.org.au. The following terms and conditions (Terms and Conditions) form a legally binding agreement between You and Us. You acknowledge and agree that these Terms and Conditions apply to Your access to, and use of, this Site and the Service. In accessing or using this Site and the Service, You acknowledge that You have read and understood, and agree to be bound by, these Terms and Conditions. If you do not accept these Terms and Conditions, then You must refrain from accessing and using this Site and the Service.
There are words used in these Terms and Conditions that have a defined meaning. Where a word is capitalised, refer to clause 17 for its meaning.
1. Access and use
You must use the Site and the Service for lawful purposes only. To access some parts of the Site and to use the Service, you may have to become a registered Site User.
To become a registered Site User, You must provide Us with Your personal information (including without limitation Your name and e-mail address). To use the Service, You may be required to login using Your email address and a password nominated by You.
You are responsible for maintaining the confidentiality of Your password and for Your use (or of any person using Your email address and password) of the Site and the Service. You agree to immediately notify Us of any unauthorised use of Your user name and password.
By accessing and using the Site or the Service, You assume all risks associated with such access and use. We do not represent or warrant that the Site or the Service will be uninterrupted or error-free or defect-free. We do not represent or warrant to You that any electronic files available through the Site or the Service will be free of Harmful Code.
We reserve the right, at any time, to disable, close or restrict access to the Site and the Service for so long as We desire and without the need to provide any reasons.
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 this Site. 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 activity. You must take Your own precautions to ensure that the processes taken by You to access this Site and the Service do not expose You to the risks of Harmful Code.
5. Misuse and interference
You must not:
(a) attempt to gain unauthorised access to any part of the Site or the Service;
(b) 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 Service;
(c) disable any protection software associated with the Site or the Service;
(d) send or store any Harmful Code;
(e) use any feature of the Site or the Service or any other means to send unsolicited commercial correspondence to Site Users;
(f) solicit any business from any other Site User through the Site or the Service.
To the maximum extent permitted by law, We accept no liability for any Loss suffered or incurred by You arising from or in connection with any Site User’s misuse of any User Content Posted by You on the Site.
6. Prohibited User Content
You must not Post any User Content that:
(a) may infringe the intellectual property rights or other rights of any person;
(b) may defame another person;
(c) may disclose a person’s confidential information;
(d) is not accurate, complete or current or may otherwise mislead or deceive other persons;
(e) may contravene Your privacy obligations or any other person’s privacy obligations;
(f) is illegal or may constitute or encourage contravention of any laws by any person;
(g) is threatening, offensive or abusive or is likely to threaten, offend or abuse another Site User;
(h) is otherwise, in Our opinion, inappropriate.
7. Ownership of User Content
You acknowledge and agree that You are solely responsible for any User Content Posted by You and that, upon Posting, all User Content is Our property. To the extent that any intellectual property in and to the User Content belongs to You, You unconditionally and irrevocably:
(a) assign to Us all of Your intellectual property rights in and to such User Content; and
(b) consent to use of the User Content by Us in whatever manner We see fit, without compensation to You.
You represent and warrant to Us that:
(a) all User Content Posted by You does not contravene any applicable laws;
(b) all User Content Posted by You does not infringe the intellectual property rights of any person;
(c) all User Content Posted by You will be free of Harmful Code; and
(d) all User Content Posted by You will otherwise comply with these Terms and Conditions.
8. Review and modification of User Content
We reserve the right to review User Content prior to publication on the Site or any time thereafter and to edit or remove any User Content for any reason whatsoever and without the need to provide any reasons, including without limitation where, in Our opinion the User Content does not comply with these Terms and Conditions.
We do not undertake to monitor, moderate or otherwise review User Content and in the event that We do monitor, moderate or otherwise review User Content, We give no warranty or undertaking that such actions will be complete or will be performed with due care and skill or on a regular or ongoing basis.
9. Information on the Site
The Site exists solely for the purpose of providing information about Us and pelvic pain.
Information contained on the Site is of a general nature only and does not constitute medical or other personal or professional advice. You should not rely upon any information or Materials on the Site without obtaining the specific advice of a qualified health practitioner or other relevant professional.
Whilst 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 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 or materials on the Site are up to date, accurate, complete and suitable for Your intended use.
The Site may contain information or materials that include the views or recommendations of others that are not necessarily Our views. In particular We do not endorse the views Posted by any Site User. All User Content expresses the views of the relevant author and does not necessarily reflect Our views or indicate Our support of, or commitment to, any matter, including a particular course of action. Moreover all User Content does not constitute advice by Us or a recommendation by Us as to a particular matter or course of action.
The Site may contain links to internet sites maintained by third parties. These links to third party sites are provided for Your convenience and information only. 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 sponsor or endorse any information on those linked sites or any associated entity, product or service.
The Site or the Service may also identify third party service providers, including without limitation doctors, other health practitioners and other professionals. The identification of these third party service providers and the provision of any information relating to them are for Your convenience and information only and do not constitute a recommendation or endorsement by Us of those service providers or their goods or services. In particular, We do not endorse the use of unproven medicines or procedures. We do not assume any responsibility for the goods or services provided by such third parties. Further, we have not screened, nor conducted background checks or other investigations in relation to those third parties or the information they supply for inclusion on the Site. This is Your responsibility. You assume all risks associated with dealing with other persons and service providers with whom you come into contact as a result of Your use of the Site and Service. You should also make Your own enquiries to check if the third parties, and the goods and services offered by such third parties, are suitable for Your needs.
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:
(a) Your access to, or use of, the Service, this Site, any User Content or any linked site;
(b) goods or services provided by any third party service provider out of or in connection with your use of this Site or the Service;
(c) any change in content of the Site;
(d) any decision or action taken by You in reliance on any information or materials on the Site; or
(e) the availability of the Site and the Service or any error or defect in the Site or the Service.
The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, that such liability cannot be lawfully excluded (including, without limitation, any guarantee under the Australian Consumer Law).
11. Force Majeure
We accept no liability for any delay or failure to perform Our obligations under these Terms and Conditions if such a delay or failure is due to circumstances beyond Our reasonable control.
All copyright in the Materials is owned by Us or third party licensors. Except as expressly authorised by laws, You must not:
(a) copy, adapt, reproduce, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Materials; or
(b) 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.
13. 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, the Site or the Service, 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:
(a) in, or as the whole or part of, Your own trade marks;
(b) in connection with any business, products or services which are not Ours;
(c) in a manner which may be confusing, misleading or deceptive to any person; or
(d) in a manner that disparages Us, the third party owners of the trade marks or the Site.
14. Variation of terms and conditions
We reserve the right to amend these Terms and Conditions at any time. Notice of any amendments will be placed on the Site and shall be effective immediately upon notification on the Site. Your continued use of the Site and the Service following such notification will represent an agreement by You to be bound by the Terms and Conditions as amended.
We may suspend or terminate Your access to 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.
16. General provisions
Any waiver or relaxation, in whole or part, of any rights available to Us under these Terms and Conditions is only valid if it is in writing and is limited to the instance referred to in the writing.
If any provision of these Terms and Conditions 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, in which case, the remainder of these Terms and Conditions shall continue in full force.
These Terms and Conditions shall be subject to the laws of South Australia.
In these Terms and Conditions, unless the context otherwise requires:
Harmful Code means any computer virus, trojan, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.
Loss means loss or damage of any kind (including liability to a third party).
Materials means any content made available by Us via the Site (including but not limited to information, data, documents, images, photographs, graphics, audio, videos, or webcasts).
Post means to make available information and/or other materials on the Site.
Service means the provision of discussion forums, referral services and other benefits for use through the Site.
Site means the website operated by Us at www.pelvicpain.org.au.
Site User means any person who has access to, or uses, the Site or the Service.
User Content means any text, information and other content Posted on the Site by a Site User.
We, Us, Our means the Pelvic Pain Foundation of Australia Limited, ABN 98 168 910 316.
You, Yourself, Your means any person, business, company or organisation who is a Site User.
If you do not wish to use an “Accept” button, you should have a box that must be manually ticked by the user (or some other similar method).]