- ABOUT LIVING VOICE
- Thank you for using our website located at <www.livingvoice.com.au> website (“Site”). This Site is owned and operated by Living Voice – Teen Organ Donor Awareness Inc. (ABN 87 711 080 802) (“Living Voice”).
- Living Voice is a not-for-profit registered charity. Our Site provides information to parents and teens on organ and tissue donation.
- In these Terms, resources mean all the information, data, text, graphics, links, code or other material published or made available on the Site from time to time (“Resources”).
- We rely on sponsorship and donations to provide our Resources to you and encourage more Australians to become donors.
- These Terms may be amended by us at any time, and by continuing to use the Site you accept the Terms as they apply from time to time.
- ACCEPTANCE OF TERMS
2.1 By accessing, browsing, donating to and using this Site (“User”), you acknowledge that you have accepted our Terms.
2.2 You agree that as a User you will use the Site only for purposes permitted by the Terms and you will abide by any applicable law, regulation or generally accepted practices or guidelines relating to this Site in the relevant jurisdictions.
- RELIANCE ON OUR SITE
3.1 The Resources on our Site are for information and guidance purposes only and must not be considered or relied on as medical or professional advice. Always seek the advice of a medical doctor or other qualified health provider with any questions you may have regarding a medical condition.
- Living Voice makes no representations or warranties of any kind as to the Resources on this Site whether express or implied and your use of the Resources is at your own risk.
- Although we make reasonable efforts to update the Resources on our Site, we make no representations or warranties that the Resources on our Site are accurate, complete or up to date.
3.4 By using the Site, you agree that we may send you direct communications to the email address you provide from which you may unsubscribe at any time.
4.1 As a Site User, we grant you a limited, worldwide, non-exclusive, royalty-free, and revocable licence (“Licence”) to electronically access and use the Site and our Resources in accordance with these Terms. Unless otherwise stated in these Terms, your use of our Resources is for your personal and non-commercial use only.
4.2 The Licence may be terminated at any time in our sole discretion if you use the Site or the Resources except as permitted by these Terms.
4.3 In these Terms, “Content” means all works and materials (including without limitation text, communications graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or the Site for storage or publication on, processing by, or transmission via, the Site.
4.4 You may submit Content to us for inclusion or publication as comment on the Site. You agree that we may publish and communicate to the public any such Content.
4.5 By submitting Content to us, you grant us a perpetual, royalty-free, non-exclusive, irrevocable, worldwide and transferable licence to display, reproduce, modify, add to, use, copy, publish, transmit, index, crawl, communicate and adapt such Content for any purpose and in any manner anywhere in the world, including (without limitation) on and in relation to the Site and its Resources
- INTELLECTUAL PROPERTY
5.1 In these Terms:
“Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade-marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
“Works” means any material made available on the Site and included in the Resources, including (without limitation) written texts, articles, posts, commentaries, data, analyses, critiques, photographs, pictures, graphic works or images.
5.2 You acknowledge that ownership of the Intellectual Property Rights relating to the Site or Resources is the property of, licensed by or vest on creation in Living Voice.
5.3 The content of the Site, including the Resources and the trade marks, service marks and logos on the Site, are the property of Living Voice or third-party licensees and are protected by copyright and other intellectual property rights under the laws of Australia.
- You may not modify or transfer the Resources, or otherwise make use of the Resources for any purpose, without prior written permission from Living Voice and/or the respective owner, except as expressly permitted on the Site.
5.5 Unless otherwise stated, we retain all rights, title and interest in and to the Works on the Site and of our Resources.
5.6 ‘Living Voice’ and all associated trade marks are the trade marks of Living Voice or any related entities. You shall not use any of our trade marks in connection with activities, products or services which are not ours or in a manner which may be confusing, misleading or deceptive.
5.7 The obligations accepted by Users under this clause survive termination or expiry of these Terms.
- LIMITATION OF LIABILITY
6.1 To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these Terms, our Site and the use of our Resources.
6.2 This exclusion includes (but is not limited to) loss or damage you might suffer because of any of the following:
- reliance on the completeness, accuracy, suitability or currency of the information on the Site (including third-party material);
- failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
- accessing any sites or servers maintained by other organisations through links on the Site or any communication from the Site. Links are provided for the convenience of users of the Site only and without responsibility for the content or operation of those sites (unless otherwise stated, linked sites and the services are not endorsed by us and your linking to any such site is at your own risk);
- the provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on the Site (if any).
6.3 We disclaim all warranties, express or implied, including but not limited to implied warranties of due care and skill. We do not warrant that the Site will be uninterrupted or free from error or that any defects on the Site will be corrected or that the Site or servers are free of viruses or other harmful conditions or components.
7.1 You agree to defend, indemnify and hold us, our affiliates, employees, agents, contributors, third party content providers and licensors harmless from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your access to our Service and use of the Site and its Works;
- any direct or indirect consequences of you accessing, using or transacting on the Site or attempts to do so; and/or
- any breach of the Terms.
7.2 We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
- ADVERTISING AND LINKS
8.1 The Site may contain links and other pointers to Internet websites or applications operated by third parties.
- We do not control these linked websites and are not responsible for the contents of any linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites.
- Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.
8.2 We provide links to the following websites:
- Donate Life
- Australian Transplant Games
- Kids Help Line
- CONTENT SUBMISSION
9.1 When submitting Content, you shall abide by the following rules:
- provide honest and accurate information that is relevant to the Site and its viewers;
- be respectful of other opinions;
- do not provide any confidential, proprietary or commercially-sensitive information;
- do not provide any material that directly promotes third party products or services;
- provide references to third party opinions and acknowledge the material of other authors;
- disclose any conflicts of interest;
- clearly express that the opinions provided in any material submitted are those of the author and are not the opinion of Living Voice nor are they endorsed by Living Voice.
- We reserve the right to edit any submissions prior to posting on the Site. If we make changes we will inform you prior to posting.
- We do not accept responsibility for or endorse the opinions of any Content submitted by third parties.
- NO WAIVER
10.1 No waiver of rights under this agreement or any of our policy, or agreement between us and a User shall constitute a subsequent waiver of this or any other right under this agreement.
10.2 Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
11.1 You agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.
11.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and obligations under these Terms.
- LAW AND JURISDICTION
12.1 These Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them for determining any dispute concerning these Terms.
12.2 If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.
13.1 We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Site and our Service (“Feedback“). You may submit Feedback by emailing us at firstname.lastname@example.org .
13.2 You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise use the Feedback.
- OUR DETAILS
14.1 This Site is owned and operated Living Voice (ABN 87 711 080 802).
14.2 Our principal place of business is at 2.6 Herbert Street LEURA NSW 2780.
14.3 You can contact us:
- by post, using the postal address [given above;
- using our contact form;
- by email, using [the email address published on our Site from time to time.
© 2018 LIVING VOICE. ALL RIGHTS RESERVED.
Terms last updated June 19th, 2018