Terms and Conditions
Terms and Conditions
The Sarah-Grace Sarcoma Foundation (ACN 144 533 595) (“SGSF”) maintains the Kick Sarcoma website – http://www.kicksarcoma.org.au (the “Site”) for your personal entertainment, information, education and communication. Please feel free to browse the site. The site and its contents are protected by worldwide copyright laws and are designed to comply with Australian laws and regulations.
Through your access to and use of the site, you accept, without limitation or qualification, the terms and conditions set forth below:
- No warranties
1.1 SGSF makes no representations or warranties nor assumes liability or responsibility for the accuracy (including errors and omissions), reliability, completeness or timeliness of any information, programs, modules, calculations, summaries, inventory lists and manifests contained herein. Use of the Site is at your own risk. Changes are periodically made to the Site and may be made at any time.
1.2 Everything on the Site is provided to you “AS IS” and, to the extent permitted by law, all express, implied or statutory warranties, representations, terms and conditions other than those expressly contained in this Agreement are excluded. Please note that some jurisdictions may not allow the exclusion of all implied warranties, so some of the above exclusions may not apply to you.
1.3 SGSF does not warrant that the Site will be error free or that this Site and its servers are free of computer viruses and other harmful data, code, components or other material, nor does SGSF warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Site.
- Use of the Site
2.1 You may freely use the site for personal, non-commercial use. You may not distribute, modify, transmit, reuse, re-post or use any such materials for public or commercial purposes without the express written permission of SGSF. You may not resell, supply or otherwise provide to any third parties any content from the Site or derived from the Site). No graphics may be used separately from the accompanying text. All copyright and other proprietary notices contained in downloaded materials and printed copies thereof must be retained.
2.2 Images of people or places displayed on the site are either the property of, or used with permission by SGSF. The use of these images by you is prohibited unless specifically permitted by this Agreement or by specific permission provided elsewhere on the Site. Unauthorised use of the images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.
2.3 You must not transmit or attempt to transmit any data, code or other material of any kind to the Site, which contains a virus or other harmful component.
2.4 You must take your own precautions to ensure that the process, which you employ for accessing the Site, does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system.
- Limitation of Liability
3.1 Your use of the Site is at your own risk. Neither SGSF nor any other party involved in supplying the material, creating, producing or delivering the Site is liable for any loss or damage whatsoever (including, without limitation, direct, indirect, incidental, consequential, or punitive damages or lost profits) arising out of your access to, use of or inability to use and access the Site. This includes damage to your computer equipment by computer viruses or otherwise. If your use of the Site results in the need for servicing or replacing equipment or data, SGSF is not responsible for those costs.
3.2 Although SGSF may, from time to time, monitor or review the use of the site, SGSF is under no obligation to do so. SGSF assumes no responsibility or liability arising from the content of the Site or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site.
- Your communications with us
4.1 You agree that any communication or material that you transmit to us, including any data, questions, comments, suggestions and the like, is and will be treated as non-confidential and non proprietary information. You agree that with the exception of sensitive information as defined in the Privacy Act, 1988 (Cth), SGSF may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Furthermore, SGSF and its associated companies, are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Further, if you do send us a submission, you agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, acknowledgment. You further consent to any infringement by SGSF or the Participants of the moral rights you may hold in the material you communicate to us arising from the reproduction, transmission, publication, broadcast and further posting of this material.
- Intellectual Property
5.1 You should assume that all content on the site is copyright unless otherwise noted and may not be used except as provided herein.
5.2 The names, trade marks, logos and service marks on this Site (the “Trade Marks”) displayed on the Site are registered and unregistered trademarks owned by or licensed to SGSF its associated companies. Nothing contained in this Site should be construed as granting by implication any license or right in and to the Trade Marks (including any rights to use or distribute the Trade Marks).
5.3 You are advised that SGSF will enforce its intellectual property rights in the site and its contents to the fullest extent of the law, including by seeking criminal sanctions.
6.1 SGSF has not reviewed all of the sites that may be linked to or from the Site (“Linked Sites”) and is not responsible for the content of any Linked Sites or any hyperlinks contained in any Linked Site. Your utilisation of Linked Sites is at your own risk.
- Restriction of Use
7.1 You are prohibited from uploading, posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or would otherwise violate the law. SGSF will fully cooperate with any law enforcement authorities or court order requesting or directing SGSF to disclose the identity of anyone posting any such information or materials.
7.2 You agree that you will not take any action that will pose an inappropriately large load on our infrastructure.
8.1 You agree to indemnify SGSF for any and all claims, damages, losses, and causes of action arising out of your publication or transmittal of material described in the above clause or your failure to comply with these Terms and Conditions.
- Changes to Agreement
9.1 SGSF may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should, therefore periodically visit this page to review the then current Terms and Conditions.
10.1 All donations or merchandise payments are non-refundable.