TERMS OF USE
Terms of Use (“Terms”) for using iDareU.org.au
These Terms, together with the Privacy Policy, explain your use and access of idareu.org.au.
Definitions…
“You” and “your” mean a user of the Site.
“User/s” any person who interacts with the Site (this can, but is not limited to people who view the site, or register as a member).
“Site” refers to idareu.org.au.
“User content” is content provided by users of the Site.
“Member/s” is a person/org who has subscribed through the Site –either as a paid or free member.
A “paid member/s” is a Business/Organisation/Service or advertiser who has subscribed through the Site.
“We”, “us”, and “our” refer to iDareU Ltd.
All web pages available at the Site are owned and operated by iDareU Ltd.
Acceptance Of Terms
By accessing the Site, viewing any content or using any services available on the Site you agree to be bound by these Terms as well as the Privacy Policy.
Together with the Privacy Policy, these Terms supersede any proposal or prior agreement oral or written and any other communications between us relating to the subject matter of these Terms.
Changes to Terms
We can amend these Terms at any time and will update these on the Site in the event of any such amendments. We will notify you of material changes of the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. It is your sole responsibility to check idareu.org.au from time to time to view any such changes to the Terms. If you continue to use idareu.org.au, you agree to our revisions to these Terms of Use. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of idareu.org.au rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of idareu.org.au
Services
The Site allows members to read, rate and write reviews about Australian disability support services and other businesses, post and respond to forum posts, read and comment on blogs.
Published content can be viewed by all users including the general public.
The Site allows paid members to view and update their personalised profiles, respond to reviews, read and comment on blogs, and access information that relates to their services.
We reserve the right to manage content published on the Site.
Member Accounts
If you register as a member of the Site, you will create a personalised account which includes a unique username and a password for access. You will need to provide certain information about yourself to do this. The information must be complete and accurate. You may not impersonate or register on behalf of someone else or provide information that is intentionally misleading.
People will need to register on their own behalf to generate content based on their own perspective/experience.
Eligibility
You need to be at least 15 years old and a resident of Australia to register as Member on the Site.
If you are a service provider and registered for a paid account, you need to renew your account annually to maintain your membership.
You agree to notify us immediately of any unauthorised use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorised use of your member name, password and/or account.
Restrictions to Use and Conduct
You, not we, are solely responsible for your account and the activity that occurs while signed in to or while using your account. This includes any disclosure by you of information that makes you personally identifiable.
You agree that you will be liable and will not under any circumstances:
- Post any content that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- Use idareu.org.au for any unlawful purpose or for the promotion of illegal activities;
- Attempt to, or harass, abuse or harm another person or group;
- Provide content that breaches copyright or any other intellectual property or proprietary right;
- Use another user’s account without permission;
- Interfere or attempt to interfere with the proper functioning of idare.org.au
We have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms, remove any and/or all of your submissions, and terminate your account with or without prior notice.
Conduct
You will not
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to idareu.org.au or use any software, technology, or device to scrape, spider, or crawl idareu.org.au or harvest or manipulate data;
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
Online Content Disclaimer
Opinions, advice, statements, offers, or other information or User Content made available through idareu.org.au, but not directly by idareu.org.au, are those of their respective authors. Such authors are solely responsible for such content.
Idareu.org.au does not endorse or guarantee the accuracy, completeness, or usefulness of any information on idareu.org.au that is made by any party other than idareu.org.au
Idareu.org.au takes no responsibility and assumes no liability for any User Content published or directed to via idareu.org.au
Under no circumstances will idareu.org.au be responsible for any loss or damage resulting from anyone’s on information or other content posted on idareu.org.au, or transmitted to users.
We take no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is idareu.org.au liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, idareu.org.au is not liable for any statements, representations or content provided by its Users in any public forum, service listing page, or other Interactive Area (including but not limited to, comment areas, reviews, ratings, blog, and forum). Although idareu.org.au has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen, translate or edit without notice any content posted or stored on the site at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
You must indemnify us for any damages, costs and related losses incurred, directly or indirectly, as a result of your failure to comply with these terms of use.
If, on the basis of User Content, we form the view that an offence of any nature involving any person may have occurred, we reserve the right to report the matter to the appropriate authorities. You expressly waive any right to privacy in such circumstances and you expressly consent to us disclosing such information, whether or not it is in your interests or for your benefit that we do so. This is a right which would only be exercised at our discretion and in what we consider to be appropriate and compelling circumstances. At the same time, we give no undertaking whatsoever, and accept no responsibility whatsoever, to necessarily report suspected offences or to take any other action in this regard.
Ownership
The user content published belongs to the publisher/author. Contentpublished by or authored by us, belongs to us. This includes, but is not limited to:
Software, computer code, products, aggregate user review ratings, content generated by us, and all other elements and components of the Site.
Graphics, visual interfaces, interactive features, design, compilation.
This excludes User Content developed by you, and Third Party Content.
We also own the copyrights and other intellectual and proprietary rights throughout the world associated with idareu.org.au
Intellectual Property
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to idareu.org.au, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on idareu.org.au may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
Notice may be provided by email to connect@idareu.org.au
Communications made through idareu.org.au e-mail and messaging system will not constitute legal notice to idareu.org.au or any of its officers, employees, agents or representatives in any situation where notice to idareu.org.au is required by contract or any law or regulation.
The Content and the Site are protected by copyright and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the idareu.org.au content in whole or in part except as expressly authorised by us.
Idareu.org.au reserves the right, but has no obligation, to
- monitor the materials posted in the public areas of idareu.org.au
- limit or deny a user’s access to idareu.org.au
- take other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.
- Remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.
Note: E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.
Unauthorised use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us at connect@idareu.org.au
Links to Other Sites and/or Material
As part of idare.org.au, idareu.org.au may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to idareu.org.au users. Idareu.org.au
has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by idareu.org.au
Idareu.org.au is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.
Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by idareu.org.au. If you decide to leave idareu.org.au and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our Terms and policies no longer govern. You should review the applicable Terms and policies, including privacy and data gathering practices, of any Site to which you navigate from the Site or relating to any applications you use or install from the Site.
Copyright Complaints and Copyright Agent
(a) Termination of Repeat Infringer Accounts. Idareu.org.au respects the intellectual property rights of others and requests that the users do the same. Idareu.org.au may terminate access for participants or users who are found repeatedly to publish protected third party content without necessary rights and permissions.
(b) If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on idareu.org.au infringe upon your copyrights, you may submit a notification to idareu.org.au via email at connect@idareu.org.au
Subject Line “Copyright Notification”. Ensure contact details are provided and a designated representative will contact you for details of the copyright notification.
(c) Counter-Notices. If you believe that User Content has been removed from the Site and it is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice to connect@idareu.org.au so we can investigate. In the subject line write “Counter-Notice”.
If a counter-notice is received by idareu.org.au copyright agent, idareu.org.au may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be reinstated on idareu.org.au
in 10 to 14 business days or more after receipt of the counter Licence Grant
By posting any User Content via idareu.org.au you expressly grant, and you represent and warrant that you have a right to grant, to idareu.org.au
a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with idareu.org.au
User Consent to Receive Communications in Electronic Form
For contractual purposes, you (a) consent to receive communications from idareu.org.au in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that idareu.org.au provides to you electronically satisfy any legal requirement, as would satisfy if it were in writing.
We may also use your email address to send you other messages, including information about idareu.org.au and special offers. You may opt out of this by unsubscribing via the link in our newsletter, or by emailing us at connect@idareu.org.au Opting out may prevent you from receiving messages regarding idareu.org.au or special offers.
Limitation of Damages; Release
To the extend permitted by applicable law, in no event shall idareu.org.au, its affiliates, Directors or employees, or its licensors or partners be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising that result from a) the use, disclosure, or display of your User Content; b) your use or inability to use idareu.org.au; c) idareu.org.au generally or the software or the systems that make idareu.org.au available; or d) any other interactions with idareu.org.au or any other user of idareu.org.au, whether based on warranty, contact, tort (including negligence) or any other legal theory and whether or not idareu.org.au has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
If you have a dispute with one or more users, disability service providers or a merchant of a product or service that you review using idareu.org.au, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
General Terms
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of idareu.org.au to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with idareu.org.au must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of idareu.org.au are governed by the federal and state laws of Australia and its states and territories, without regard to conflict of law provisions.
Idareu.org.au may assign or delegate these Terms of Service and/or in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service without idareu.org.au’s prior written consent, and any unauthorised assignment and delegation by you is void. This includes anyone providing support to Users accessing the Site, where the User’s disability impedes their autonomous use.
Warranty Disclaimer
Idareu.org.au is provided “as is” without warranty of any kind. Without limiting the foregoing, we expressly disclaims all warranties, whether express, implied or statutory, regarding idareu.org.au including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, we make no warrant or representation that access to, or operation of idareu.org.au will be uninterrupted or error free. You assume all responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from us.