This website (Site) is operated by Muscular Dystrophy Association of New South Wales ABN 11 774 587 436 (we, our or us). It is available at: mdnsw.org.au and may be available through other addresses or channels.
We may modify these Terms from time to time by notifying you by email. By continuing to use the Site after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your membership (if any) and stop using the Site.
Your license to use our Site
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Our members are an integral party of our community. Membership is open to anyone with a connection to people with neuromuscular conditions. Paying for your membership is optional. To create a membership for either yourself as an individual, or for your family, you can pay the membership fee set out on the Site (Membership Fee) via credit card or through any other payment method on the Site, including through our third party payment processor. You must also provide your name and contact details so that we can contact you and so that you can benefit from your membership. You are responsible for reviewing the price and inclusions associated with your membership which are set out on the Site. We will alert you (using your contact details) before your membership is going to expire, and you can pay the Membership Fee again to renew your membership for another year. We may modify the Membership Fee from time to time. The updated Membership Fee will apply if you renew your membership. If you do not agree to the price change, you do not have to renew your membership for another year.
We welcome donations of any size. If you make a donation through the Site, you will be asked to nominate a donation amount, and to enter your contact details including your name and email address. You will then be prompted to input your credit card details, or to use the other payment methods available on the Site, and then make the donation either as a one-off, recurring, or bequest donation. If you nominate to make a recurring donation (Recurring Donation), the Recurring Donation amount will be charged to your payment method on a weekly, monthly, quarterly or annual basis (depending on your selection) until you cancel your Recurring Donation. You may request a receipt of your donation by contacting us at the details at the end of these Terms. All donations over $2 are tax deductible.
You can cancel Recurring Donations at any time by contacting us at the details at the end of these Terms.
To the maximum extent permitted by law, all amounts paid to us are non-refundable and we do not allow refunds of the Membership Fee or of donations for change of mind or other circumstances.
GST, if applicable, will be set out separately to any fees, including the Membership Fee. You are responsible for paying all taxes (including GST) imposed by taxing authorities in your own country. We have no responsibility to them on your behalf.
If you elect to make a Recurring Donation, you acknowledge and agree that you must have sufficient funds in your selected payment account in order to pay any amounts due and payable. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured. It is your responsibility to keep your payment details up to date – you may update these at any time by contacting us at the details at the end of these Terms.
You must not pay, or attempt to pay, any fees or donations by fraudulent or unlawful means.
The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.
Conduct we don’t accept
We are focussed on cultivating a community where people feel comfortable expressing themselves, sharing information, and communicating with one another. When you use our Site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Site, which we would consider inappropriate or which might bring us or our Site into disrepute. This includes:
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
- using our Site to upset, defame, harass, threaten, menace or offend any person, including when you contribute to any of our interactive ;
- interfering with any user using our Site;
- tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
- using our Site to send unsolicited email messages; or
- facilitating or assisting a third party to do any of the above acts.
Our Site contains materials and information for you to read, explore and interact with (Content), but the Content is subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Please note that our Content is not comprehensive and is for general information purposes only. Our Content does not take into account your specific needs, objectives or circumstances, and it is not advice. It should not be relied on in place of professional medical advice. While we use reasonable attempts to ensure the accuracy and completeness of our Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Competitors are excluded from using our Site
You are prohibited from using our Site, including our Content, in any way that competes with our business.
Intellectual Property rights
Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Site and all of our Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or our Content. You must not:
- copy or use, in whole or in part, any Content;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
- breach any intellectual property rights connected with our Site or our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content.
Content you upload
We encourage you to interact with our Site! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site, including through our tribute pages and community portals. Any User Content submitted to tribute pages may be reviewed by us before they are posted. If you make any User Content available on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party sites
Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.
Warranties and disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Site or our Content, including (without limitation) that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free or free from viruses; or
- our Site will be secure.
You read, use and act on our Site and our Content at your own risk.
Our liability is limited
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with:
- your use of our Site and/or our Content;
- the Site being unavailable, or any delay in us providing services to you as part of your membership;
- any loss or corruption of data;
- the Content being incorrect, incomplete or out-of-date;
- any services which do not form part of your membership or the Site, or which have not been provided by us; and
- any event outside of our reasonable control.
Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us repaying you the amount of the Membership Fees to which the Liability relates; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Terminating these terms
You may cancel your membership at any time by contacting us at the details at the end of these Terms. To the maximum extent permitted by law, no refunds will be made upon cancellation.
These Terms are effective until terminated by us, which we may do without cause by giving you 7 days’ notice. To the maximum extent permitted by law, there will be no refunds available if we terminate these Terms. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Dealing with a problem
If you would like to give us feedback, please contact us – we appreciate your input. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
If a part of these Terms isn’t right
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Your use of our Site and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
Muscular Dystrophy Association of New South Wales ABN 11 774 587 436
Level 1, 93 George Street Parramatta NSW 2150
PO Box 1450 | Parramatta NSW 2124
Last update: 4 November 2019
© LegalVision ILP Pty Ltd