Business Rules / General Clauses
Indemnification You agree to hold harmless and indemnify WFDRT, and its subsidiaries, affiliates, officers, agents, and volunteers from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, WFDRT will provide you with written notice of such claim, suit or action.
Unauthorised uses of the site The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyper-links to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
Unauthorised uses of the site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorised by us in writing and as a condition of your use of WFDRT NED you agree that you will not:
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending an email to email@example.com
You are solely responsible for all information that you submit to WFDRT NED and any consequences that may result from your post/s. WFDRT reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. WFDRT also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.
Proprietary Rights and Downloading of Information from the Site The Site and all content on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S., Australian and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, non-commercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us.
Identity Verification User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity. We encourage you to communicate directly with a members through the processes available on the Site.
You agree to
However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed. each user acknowledges and agrees that: (1) neither WFDRT nor any of its affiliates will have any liability to any user for any unauthorised transaction made using any user’s password that occurs before such user has notified us of possible unauthorised use of such password and we have had a reasonable opportunity to act on that notice; and (2) the unauthorised use of your online id and password could cause you to incur liability to both WFDRT and other users. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your password is being used in an unauthorised or fraudulent manner.
Links to third party sites This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third party sites or the contents thereof. We are not responsible in any way for such third party sites or resources and your use of such sites and resources will not be governed by these Terms.
Limitation of Liability Subject to rights that the customer may have under the Australian consumer law, which are not excluded, modified or restricted by this provision, the site, WFDRT, and each of our subsidiaries, affiliates, officers, directors and/or employees [will not] be liable for any lost profits or any indirect, consequential loss (except arising as a result of a breach of a consumer guarantee), special, incidental, or punitive damages arising out of, based on, or resulting from (a) our site, (b) these terms, (c) any breach of these terms by us, you or a third party, (d) use of the site, tools or services we provide related to the business we operate on the site by you or any third party and/or (e) any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law.
If you are dissatisfied with the site, you do not agree with any part of the terms, then, to the extent permitted under applicable law, your sole and exclusive remedy against us is to discontinue using the site. In all events, our liability, and the liability of any member of the WFDRT, to you or any third party in any circumstance arising out of or in connection with the site is limited to the greater of (a) the amount of fees you pay to us in the twelve months prior to the action giving rise to liability or (b) $100.00 in the aggregate for all claims. Nothing in these terms shall exclude or restrict our liability for death or personal injury resulting from our negligence, nor for our fraud or our fraudulent misrepresentation. Other than in respect of goods or services supplied to consumers or goods or services that are of a kind ordinarily acquired for personal, domestic or household use or consumption, WFDRT’s liability for the breach of any condition or warranty, whether express or implied (other than warranties or conditions in relation to title, encumbrances and quiet possession) is limited, at WFDRT‘s option, to one or more of the following: in the case of goods; the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; the payment of the cost of having the goods repaired or in the case of services; the supplying of the services again; or the payment of the cost of having the services supplied again.
Disclaimers/Warranty To the extent that they may be applicable, selected provisions of the competition and consumer act (including, without limitation, the Australian consumer law) and other state, territory or commonwealth laws in Australia (collectively “acl”) may apply to the operation of these terms and conditions and provide consumers (as that expression is defined in the acl) and others with certain rights (referred to collectively as the “consumer guarantees”) in relation to goods or services purchased by those persons. Other than consumer guarantees, which are not excluded, modified or restricted by this provision, we do not give any guarantee or warranty or make any representation of any kind, express or implied, with respect to the supply by WFDRT or others of any goods or services on this website. We warrant that the site will be provided with reasonable care and skill with the intention of meeting our technical specifications for the site, but we cannot and do not guarantee that the site or any of its content or functions will meet your requirements. Except as expressly stated elsewhere in these terms, all representations, warranties, conditions and other terms relating to the site or any of its content, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of our fraud or our fraudulent misrepresentation, or where such exclusion is not permitted by law. Terms excluded include any as to non-infringement, merchantability, fitness for a particular purpose or accuracy. We do not warrant that the functions contained in the site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or other harmful components, although we will take reasonable steps to avoid ourselves introducing viruses or other harmful components to the site. You acknowledge and agree that any transmission to and from this site is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to us and by posting information on the site, including property listings, no confidential, fiduciary, and contractually implied or other relationship is created between you and us other than pursuant to these terms. You acknowledge and agree that you will not hold or seek to hold us or any third party provider responsible for the content provided by any user and you further acknowledge and agree that we are not a party to any rental transaction. We have no control over and do not guarantee the safety of any transaction, rental property or the truth or accuracy of any listing or other content provided on the site.
Release, Indemnification In the event that you have a dispute with one or more other users of the site (including, without limitation, any dispute between users regarding any transaction or user-contributed content), you hereby agree to release and discharge us and any member of the WFDRT, each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute. You hereby agree to indemnify us and any member of the WFDRT (collectively, the "indemnified parties") against all liability incurred by the indemnified parties in connection with any claim arising out any breach by you or through your account of these terms or the representations, warranties and covenants made by you in these terms, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defence of any claim.
Personal information we collect
The WFDRT collects personal information by lawful and fair means and not in an unreasonably intrusive way. We will generally collect your personal information from you via our database. We collect personal information from you in various ways, such as when you communicate with us, if you provide a product or service to us or when you participate in or attend any of our activities, events, programs or projects.
Sometimes we collect personal information from a third party or a publicly available source if you have consented to such collection, would reasonably expect us to collect your personal information in this way, or if it is necessary for a specific purpose (e.g., if you are listed as an emergency contact). If we collect any personal information about you from another party, where practicable, we will take reasonable steps to inform you why we have collected the information and how we will use it.
The types of personal information we may collect about you depends on how you engage with the institute and includes: your name, telephone number, e-mail address, event attendance and details relating to further community education.
Some information we collect may be sensitive information, for example, if you elect to participate in the WFDRT’s research activities or studies. We will only collect sensitive information with your consent, or as otherwise permitted by law, only if reasonably necessary for The WFDRT’s functions or activities and always subject to the requirements of legislation governing the collection, handling and use of this sensitive information.
We will only collect personal information reasonably necessary to conduct our functions or activities. Where lawful and practicable, you may be given the opportunity to deal with us without identifying yourself (i.e., anonymously) or through the use of a pseudonym. However, on some occasions, if you do not provide the personal information we request, we may not be able to work with you on an ongoing basis, or you may be unable to participate in or have access to our research programs, events and activities.
How we use your personal information
We will use your personal information for the purposes for which we collect it. Generally, we will use your personal information in connection with conducting our activities as a community based organisation. We may use your personal information we collect for the following purposes:
We will not use an individual’s personal information for direct marketing purposes unless we are permitted to do so under the Privacy Act 1988.
You may elect to opt out of receiving communications regarding our database and other activities at any time by contacting us at the contact details below.
Who might we disclose your personal information to? The WFDRT may disclose personal information to parties outside the organisation for the purpose for which the information was collected or for purposes related to the operation of our business and activities, or with your consent.
We may disclose your personal information to the parties listed below:
If you make a non-monetary donation, we may publish your name in our reports or other WFDRT publications, in accordance with your preferences as notified to us. While we seek to publicly recognise the generous contributions of our donors and supporters, individuals wishing to remain anonymous in our publications or at public forums should advise the WFDRT of this in writing.
We may also disclose personal information in other circumstances permitted under the Privacy Act 1988.
The WFDRT may transfer your personal information to a party who is in another State or Territory of Australia. Also, occasionally, we may disclose personal information to an overseas person or organisation – for example, in relation to an application for funding, in connection with a research collaboration or if data is stored or backed up on servers located overseas. If we transfer personal information to an overseas person or organisation, we will comply with the requirements of the Privacy Act 1988 that relate to overseas disclosures of personal information.
Security Once received, the WFDRT takes all reasonable steps to protect the personal information it holds from misuse, interference and loss and from unauthorised access, modification or disclosure. We maintain physical security over our paper and electronic data stores and premises, such as security access systems, and computer and network security to control and limit access to our computer system, including through the use of internet firewalls, secure servers, user identifiers and passwords.
The WFDRT will destroy or permanently de-identify personal information if we no longer need it for any purpose.
Issues concerning the use of our website We will only collect personal information through our website if you voluntarily provide it.
The WFDRT cannot ensure the security of any information transmitted over the internet and individuals do so at their own risk. However, once we receive a transmission, we take all reasonable steps to ensure that personal information is secure on our systems.
Access to your information You have the right to access the personal information we hold about you and also to request that we correct it, if for any reason you are unable to do so yourself. We aim to ensure that all personal information that we hold is accurate, complete and up-to-date. If you wish to request access to, or correction of, your personal information (including to update your details) please contact us at the contact details below.
In some limited circumstances where this is in accordance with privacy laws, we may decline to provide an individual access to some or all of their personal information or may not agree to correct their personal information. In these cases, we will provide reasons for our decision.
Complaints If you have a query or concern about the manner in which the WFDRT has handled your personal information, please contact us at the contact details below. We will respond to your query or concern as soon as possible and will try to resolve any complaint promptly. If this is not possible, we will contact you to let you know how long we estimate it will take to resolve your concern.
Jenna Kelley +61 400 338 666 firstname.lastname@example.org
This policy was last updated on 18 December 2015.
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