Website Terms of Use

Our Site

1.https://www.nerveconnection.org.au/ (Site) is a website operated by Nerve Connection Foundation Limited ACN 653 082 930 (the Foundation, we, us and our).

2. By accessing or using our Site, you acknowledge that you have read and understood these terms and you agree to be bound by them.

3. To contact us, please email hello@nerveconnection.org.au .

Changes to our Site and these terms

4. We may update and change our Site and these terms from time to time without notice to you. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time. The variations will apply from the date the varied terms and conditions are posted on our Site.

Access to our Site

5. We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any withdrawal or suspension of our Site.

6. You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.

Eligibility to use our Site

7. Our Site is directed to users who are at least 18 years old and are residing in and using this Site within Australia. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, you do so at your own risk and you are responsible for compliance with laws applicable to accessing the Site from your location.

Privacy

8. You agree that we may access, store, process and use any personal information (as defined by the Privacy Act 1988 (Cth)) (Personal Information) that you provide to us in accordance with these terms and our privacy policy.

9. For more information about our privacy practices and the ways that we handle personal information, please refer to our privacy collection statement (available at [insert link]) and our privacy policy (available at [insert link]).

Do not rely on information on this Site

10. This Site is provided on an ‘as is’ and ‘as available’ basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

11. We make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

12. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of content provided through the Site.

13. In no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site.

We are not responsible for websites we link to

14. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions for those websites.

Limitation of liability

15. In no event will we, our affiliates, licensees, service providers, employees, agents, officers or directors (Those Indemnified) be liable or responsible for any loss or damages of any kind, arising out of or in connection with your use of, or inability to use, the Site, its content or any websites linked to it, 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.

16. Nothing in these terms 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.

17. You agree at all times to indemnify and hold harmless Those Indemnified from and against any loss (including legal costs and expenses) or liability incurred or suffered by any of Those Indemnified in connection with any breach of these terms by you, your use of, or inability to use, the Site, your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorised in these terms.

18. You acknowledge that we hold the benefit of these terms on trust for Those Indemnified and Those Indemnified will be entitled to enforce these terms against you.

We are not responsible for viruses

19. We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.

20. You are responsible for configuring your technology to access our Site. You should use your own antivirus software.

Linking to our Site

21. If you wish to link to or make any use of content on our Site other than that set out above, please contact us by email at hello@nerveconnection.org.au .

Intellectual property

22. We are the owner or the licensee of all intellectual property rights in the whole or any part of the material contained on our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not infringe, reproduce, copy, transmit, adapt, publish or communicate or otherwise exercise the intellectual property rights in the whole or any part of the material contained on our Site except with the prior written consent of the Foundation.

Prohibited uses

23. You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:

(a) in any way that violates any applicable law or regulation, including, without limitation, any laws regarding the export of data or software to and from other countries;

(b) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

(c) to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity, including, without limitation, by using email addresses associated with any of the foregoing; or

(d) to 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.

24. You also agree not to:

(a) 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, including their ability to engage in real time activities through the Site;

(b) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

(c) use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;

(d) use any automatic or manual process to reverse engineer or decompile any part of the Site;

(e) use any device, software or routine that interferes with the proper working of the Site;

(f) introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;

(g) 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;

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

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

25. 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.

Default

26. If you fail to comply with any of these terms, we may decide (in our sole discretion):

(a) suspend or terminate your access to the Site or parts of it; and

(b)take whatever action we consider appropriate to recover any direct, indirect or consequential loss, damage or expenses that we have incurred or suffered as a result of your breach.

Force majeure

27. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms, or in relation to the Site, that is caused by any act or event beyond our reasonable control.

General

28. These terms and conditions are governed by the laws in force in Queensland, Australia. By accessing or using the Site you agree to submit to the non-exclusive jurisdiction of the courts of Queensland.

29. These terms and conditions constitute the entire agreement between you and us. Any prior arrangements, agreements, representations or undertakings are superseded.

30. Any failure by us to enforce any of these terms and conditions or any forbearance, delay or indulgence granted by us to you will not be construed as a waiver of our rights under these terms.

31. If any of these terms (or part of them) is held to be invalid or unenforceable, these terms will remain in full force, apart from the term or condition or part of it that is held to be invalid or unenforceable which will be deleted to the minimum extent necessary for these terms and conditions to be valid and enforceable.

32. We may assign or subcontract these terms and any of our rights and obligations under these terms to a third party. You may not assign your rights or obligations under these terms except with our prior written consent.

33. Additional terms and conditions may also apply to specific portions, services or features of the Site.