1. Introduction

The “RedNose Me” Website (Website) you are about to access is operated by National SIDS Council Of Australia Ltd, (ACN 050 464 616)(SIDS Council, We, Us, Our). Your access to the Website and the data, information and any software or software program available on this Website (Content) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). SIDS Council reserves the right to amend the Terms of Use at any time. Each user (You) agrees to these Terms of Use by accessing the Website.

2. Your obligations

You must use the Website in a responsible manner. If You are under 18 years of age, You need to obtain a parent/guardian’s consent prior to using the Website.

The Website contains image and video gallery, webmail and other communication and messaging capabilities which provide for feedback by users of the Website, real-time interaction between users and other electronic messaging and notice services (Interactive Features). Your use of the Interactive Features is subject to these Terms of Use.

You understand that all information, data, text, software,  photographs, graphics, video, messages or other materials (User Material), whether publicly posted or privately transmitted via the Website, are the sole responsibility of the person from which the User Material originated. Under no circumstances will SIDS Council be liable in any way for any User Material, including, but not limited to, for any errors or omissions in any User Material, for editing, restricting or removing Your User Material or for any loss or damage of any kind incurred as a result of the use of any User Material posted, emailed or otherwise transmitted via the Website.

SIDS Council assumes no responsibility for actively monitoring the Interactive Features for inappropriate User Material. If at any time SIDS Council chooses, in its sole discretion, to monitor the Interactive Features, SIDS Council nonetheless assumes no responsibility for the User Material, no obligation to modify or remove any inappropriate User Material, and no responsibility for the conduct of the user submitting any User Material.

You also agree that any other user of this Website may access, view, store or reproduce the material for that other user’s personal use and that You will not restrict or inhibit the use of the Website by any other person.

You must not:

  1. upload, post, email or otherwise transmit any User Material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, sexually, ethnically or otherwise objectionable or vilifying;
  2. upload, post, email or otherwise transmit any User Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any other person;
  3. upload, post, email or otherwise transmit any User Material that is false or misleading; inappropriate or of nuisance value;
  4. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation.
  5. use another’s name, username or password without permission, collect or store personal data about other users;
  6. impersonate or otherwise misrepresent Your identity, age or affiliation with any other person or entity (including, without limitation, where SIDS Council requires You to register in order to use the Website);
  7. download or post any material which You know or ought to know cannot be legally distributed;
  8. tamper with, hinder the operation of, or make unauthorised modifications to the Website;
  9. use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  10. knowingly transmit any viruses or other disabling features to the Website or via the Website;
  11. attempt any of the above acts or facilitate or assist another person to do any of the above acts; and
  12. use the Website in any manner which is prohibited by the Terms of Use, use the Website for any unlawful purpose, or in any manner, which violates any right of SIDS Council (or an associated entity), another user of the Website or any other third party.

3. Copyright and trade mark notice

The material on the Website, the software, design, text and graphics comprised in the Website and the selection and layout of the Website are owned by or licensed to SIDS Council and protected by Australian and international laws. The Website does not grant You a licence nor act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner. You may view the Website and its contents using Your web browser. In visiting the Website, You are able to save an electronic copy of the Website by means of the usual operation of Your web browser only.

You may print, copy, download and view materials on the Website subject to:

  1. the material being used in a manner reasonably anticipated by SIDS Council;
  2. the material being used exclusively for a non-commercial, personal use; and
  3. the material not being modified in any way.

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by SIDS Council in these Terms of Use.

4. Regarding Use and Storage

You acknowledge that SIDS Council may establish general practices and limits concerning the use of the Website, including without limitation the maximum number of days that User Material will be retained by SIDS Council.

You agree that SIDS Council has no responsibility or liability for the deletion or failure to store any User Material maintained or transmitted by the Website.

5. Links to or from other Websites

Certain pages of the Website may contain links to external websites. Such links are for the convenience of users only. SIDS Council accepts no responsibility for or liability in respect of the content of those websites. SIDS Council should not be taken as having reviewed or approved such websites or their contents, nor does SIDS Council warrant that any links to such websites work or are up to date. SIDS Council can not guarantee that an external website is free of viruses and therefore accepts no responsibility for any virus which may be obtained as a result of visiting those websites.

The use of any such links to external websites is entirely at the user’s own risk.

6. Information does not represent professional advice

You acknowledge and agree that information published by SIDS Council is intended to provide general information only which may or may not be applicable to Your particular circumstances. You agree to access the information at Your own risk and SIDS Council is not liable to You for the content of the information or any reliance by You on that information.

In no event will SIDS Council 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 Website.

7. Indemnity

By using the Website, You agree to irrevocably indemnify SIDS Council from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract, including and without limitation, negligence) arising out of or in any way connected to Your use of the Website (including User Material you have up loaded or any use of or act You have carried out on the Interactive Features) or any action(s) You have taken, done or pursued in reliance upon, as a result of or in any way connected with the information You have accessed, or services provided to You via the Website.

8. Disclaimer

Legislation such as the Competition and Consumer Act 2010 (Cth) and/or other similar consumer protection laws and regulations may give You rights and remedies relating to the provision of goods or services to You by SIDS Council via the Website which cannot be excluded, restricted or modified (Your Statutory Rights). SIDS Council excludes all conditions and warranties implied by custom, law or statute except for Your Statutory Rights.

Except for Your Statutory Rights, in respect of the Website:

  1. all material on the Website is provided to You without warranties of any kind, either express or implied;
  2. SIDS Council expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;

To the extent permitted by law, including but not limited to any act or omission on the part of SIDS Council, SIDS Council will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by You or claims made against You which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that SIDS Council does not exert control over users of the Internet and is not liable for damage suffered by You, either directly or indirectly, because of You accessing the Website.

The information contained on the Website is provided in good faith however, SIDS Council gives no representation or warranty in respect of all information You may access by Your use of the Website and all such representations and warranties regarding any information available through the use of the Website, whether express or implied, are excluded.

No liability is accepted by SIDS Council for any loss or damage which may arise out of any person relying on or using any information on the Website. SIDS Council shall not be liable to any person relying on or using any such information for:

  1. loss of revenue, loss of actual or anticipated salary; loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts); loss of or damage to employment prospects; loss of opportunity; loss of anticipated savings; loss of business; loss of goodwill; loss of or damage to reputation; loss of or corruption to data; legal and other professional fees and expenses; or
  2. any indirect or consequential loss or damages however caused (including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which arise directly or indirectly from the subject matter of the Website. However, nothing in the above shall limit or exclude SIDS Council’s liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law.

You agree fully to indemnify SIDS Council and keep SIDS Council fully indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by You of the Website.

9. No warranty

We take all reasonable care in compiling the Content. However, the Content is provided ‘as is’ and We do not warrant or represent that it is complete, current or free from errors or omissions.

We cannot screen all Content provided on the Website and the information provided on any open discussion site or forum available through this Website. We do not assume any responsibility for the Content of any open discussion site or forum available through this Website. We will not be responsible for any offensive language or otherwise objectionable Content contained in this Website.

We provide this Website with reasonable care and skill and endeavour to ensure availability of this Website and access to this Website. However, the availability of and access to this Website may be interfered with by numerous factors, including those outside Our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, We do not warrant or represent that Your access to this Website or the Content will be continuous, uninterrupted, timely, fault free, virus free or secure.

If You become aware of any inaccuracies or omissions in the information on this Website We would be grateful if You could bring this to Our attention by calling (03) 9819 4595 or emailing us  national@sidsandkids.org.

10. No responsibility for the security of Your information

You agree to provide true and accurate information about Yourself as prompted by the Website from time to time. You are entirely responsible for the information You provide.

SIDS Council takes all due care in ensuring the privacy and integrity of the information You provide via the Website. However, the possibility exists that Your information could be unlawfully observed by a third party while in transit over the Internet, or while stored on SIDS Council’s systems (including servers) or on the Website. SIDS Council disclaims all liability to You to the greatest extent possible pursuant to law should security or integrity of Your information be jeopardised.

11. Use of intellectual property and information

SIDS Council welcomes ideas and feedback from You about all aspects of the Website and encourages the uploading and posting of User Material on the Website. You agree that SIDS Council may use, reproduce, distribute, transmit, create derivative works of, and publicly display any materials (including User Material) and other information (including ideas for new or improved products and services) that You submit to any public areas of the Website or by email to SIDS Council. (Please read Our l Privacy Notice for more information as to how We store and treat information You send to us).

12. Other Policies

The SIDS Council  Privacy Policy forms part of the Terms of Use. By agreeing to these Terms of Use and using the Website, You also agree to the terms set out in those statements.

13. Termination, suspension and limitation of Your access – material breach by You

We reserve the right to deny You access to, or use of, all or part of the Website, without prior notice, if You engage in any conduct that SIDS Council believes, in its sole discretion (a) violates any term or provision of these Terms of Use; or (b) violates the rights of SIDS Council or third parties; or (c) is otherwise inappropriate for continued access and use of the Website.

14. Our other rights to terminate, suspend or limit Your access

We may suspend, terminate or limit Your access to this Website with as much warning as We reasonably can, if:

  1. We reasonably believe that there is a real risk of loss or damage to us or another if We do not suspend, terminate or limit Your access to this Website;
  2. the law requires us to do so;
  3. We believe on reasonable grounds that providing You with access to this Website or to the Content is illegal or may become illegal; or
  4. there is an emergency.

Miscellaneous

The Terms of Use for use of the Website are governed by and construed in accordance with the laws of Victoria and You agree to submit to the jurisdiction of the courts of Victoria in relation to any dispute regarding these Terms of Use.

If any of the Terms of Use are found to be unenforceable under Victorian law, this will not affect the remainder of the Terms of Use. Events outside SIDS Council’s control will not be a breach of SIDS Council’s obligations under these Terms of Use to the extent that any failure or delay in performing its obligations occurs because of an event or circumstance outside of SIDS Council’s reasonable control including without limitation, any act of God, war and other hostilities, fire, flood, strikes, lock-outs, delays in transport, breakdowns in machinery, or restrictions or prohibitions or any other acts by any government or semi-government authority.

You agree to SIDS Council using the information provided by You via Your use of the Website for purposes of its ongoing reporting requirements to relevant Federal Government and State Government agencies or departments.

SIDS Council relies upon Your continued observance of the Terms of Use. In the event that SIDS Council suffers loss or damage or incurs any costs associated with any breach of the Terms of Use or any associated legal obligation, You agree to indemnify SIDS Council for those losses, damages and costs.

All rights not expressly granted in the Terms of Use are reserved.

If SIDS Council does not act in relation to a breach of the Terms of Use by You, this does not waive SIDS Council’s rights to act with respect to subsequent or similar breaches of the Terms of Use by You.

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