Aboriginal and Torres Strait Islander people should be aware that this website may contain images, voices and names of people who have passed away.

Website Disclaimer

Website Disclaimer

These Terms and Conditions of Use (Terms of Use) apply to the Aboriginal Health Council of South Australia website located at www.ahcsa.org.au and all associated websites and sub-domains (collectively, the Site). The Site is the property of the Aboriginal Health Council of South Australia (our, us, or we).

1. ACCEPTANCE OF TERMS OF USE AND PRIVACY POLICY

Your use of the Site and its content (including text, images, media, sound, video or downloadable documentation (Content) is governed by these Terms of Use and our Privacy Policy.

By using the Site, you confirm that you accept these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use and our Privacy Policy, you must not use the Site.

Our Privacy Policy explains what information we collect from you and how we protect it. By using this Site, you consent to the processes described in the Privacy Policy and warrant that all data provided by you is accurate.

Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. This means that even if a particular transmission is encrypted, you understand that any message or information you send to the Site may be read or intercepted by others.

2. CHANGES TO THESE TERMS

We may from time to time change these Terms of Use. Amendments will be effective immediately upon notification on the Site. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

3. ACCESS TO THE SITE

Provided that you comply with these Terms of Use, we grant you (as the user of the Site) a personal, non-exclusive, non-transferable, limited licence to access and use the Site. You are responsible for configuring the technology you use to access the Site. You should use your own virus protection software.

We may change or update the Site from time to time to reflect changes to our services, our members’ needs or for our business purposes. We may also suspend or withdraw or restrict the availability of all or any part of the Site for business, operational or any other reason at any time. We will try to give you reasonable notice of any suspension or withdrawal (but are not required to do so).

Although we make reasonable efforts to update the information on the Site, the Site is provided on an “as is” and “as is available” basis.

We make no representations or warranties that the Site:

(a) will be accessible or functional (whether wholly or partly) at all times; or

(b) is free from viruses or anything else which may damage any computer which accesses the Site or any data on such a computer;

(c) the Site contains content that is accurate, complete or up to date

4. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Content and the Site. Title and ownership of our intellectual property shall not be transferred by virtue of your use of the Site or our Services.

Unless specifically authorised by us, or otherwise allowed by applicable laws, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content or the Site in whole or in part.

If we provide social media features such as the ability to share the Site or Content, you may take such actions as are enabled by such features but only using such tools or methods as we provide.

You agree to not offer the Content for resale to any third party. You must not seek to reverse engineer, decompile or otherwise reproduce the Site or Content. You must not use our name, all related names, logos or trademarks, or the trademarks of our affiliates or licensors without our consent.

Any information or material you post to the Site (User Input) will be considered non-confidential proprietary. You retain all of your ownership rights in your User Input. By providing any User Input on the Site, you grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that you have a right to the User Input and it does and will not infringe any third party’s rights.

5. PROHIBITED USES

You agree that you will not, and will not allow any other person to:

(a) use the Site in any way that violates any applicable federal, state, local or international law or regulation;

(b) use the Site to collect or harvest data of other users;

(c) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;

(d) transmit, or procure the sending of, any advertising material, to persons whose details you obtained from the Site;

(e) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;

(f) use any robot, spider data scrapers, viruses or other software which may threaten the integrity and security of Site;

(g) use any process to monitor or copy any of the material on the Site or for any other unauthorised purpose;

(h) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

(i) attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;

(j) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or

(k) otherwise attempt to interfere with the proper working of the Site.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

6. THIRD PARTY SITES

The Site may contain links to other Sites (Third Party Sites), which are not operated by us, as well as resources provided by third parties. These Third Party Sites are not under our control and are provided for your information only and should not be interpreted as approval by us of those sites or information or material contained on them. Your access and interaction with these Third Party Sites are entirely at your own risk and subject to the terms and conditions of use for those sites. We accept no responsibility for them or for any loss or damage that may arise from your use of them.

7. LINKING TO THE SITE

You must seek our prior consent before linking to the Site. We may in our absolute discretion grant our consent subject to any conditions we believe is appropriate. We reserve the right to withdraw our consent at any time by giving you notice. If you wish to link to the Site or make use of the Content, please contact us.

8. DISCLAIMER

In no event will we or our affiliates, employees, agents, officers or directors be liable for damages of any kind arising out of or in connection with your use, or inability to use, the Site or any Content, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

9. INDEMNITY

To the greatest extent permissible by law, you agree to indemnify and hold us harmless from and against any claims, liabilities, damages, costs, expenses or fees (including reasonable lawyers’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site and/or Content other than as expressly authorised in these Terms of Use. This includes any claim that we have collected sensitive information (as defined in the Privacy Act 1988 (Cth)) from an individual without their consent as you must warrant that you have that individual’s consent before you upload anything to our servers.

10. OTHERS

No waiver by us, in exercising any right, power or provision of these Terms of Use shall operate as a waiver of any other right or of that same right at a future time, nor shall any delay in exercise of any power or right be interpreted as a waiver.

We retain the right to assign, delegate or novate these Terms of Use without notice. You may not assign, delegate or novate these Terms of Use to any other person or body corporate without our prior written authority (which may be withheld).

These Terms of Use record the entire agreement between the parties as to its subject matter. It supersedes any prior understandings or agreements between the parties in connection with it.

These Terms of Use will be governed by and construed in accordance with the laws of the state of South Australia, Australia. We and you submit to the exclusive jurisdiction of courts in the state of South Australia, Australia.

Website Disclaimer