TERMS OF USE

1.    Terms of use
Brien Holden Vision Institute (ABN 49 081 303 282) ("the Institute") and Brien Holden Vision Institute Foundation (ABN 86 081 872 586) ("the Foundation"), between them, control and operate the website whose home page is at www.brienholdenvision.org (the "Website").  Each reference in these "Terms of Use" to "we", "us", and/or "our" is a reference to both the Institute and the Foundation.

The terms and conditions in these Terms of Use are the terms and conditions of an agreement between the person accessing and/or using the Website ("you" and/or "your") and us.

2.    Terms
Your use of and/or access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices, policies and disclaimers contained in this document and elsewhere on the Website (known collectively as "Terms of Use").

Your use of and/or access to the Website constitutes your agreement to the Terms of Use.  If you do not agree to the Terms of Use, you must not access and/or use the Website and/or any of the information, material and functionality that it contains.

We reserve the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Website.  The revised terms will take effect when they are posted.

3.    Disclaimer
Except where expressly stated, we make no representations about the currency, accuracy, suitability or reliability of any content and/or functionality (including, without limitation, any data, information, material, images (moving and still), sound, graphics, software, hyperlinks, logos and trademarks, services and any other material contained in, provided as a result of or in connection with your access to and/or use of, the Website) (“Content”).

All Content made available through the Website in any way (including, without limitation, on the Website, as an email, or any other transmission):

•    is, to the full extent permitted by law, provided "as is" and without warranties of any kind (including, without limitation, express or implied warranties, including implied warranties of merchantability and fitness for any particular purpose); and
•    is provided as general information only and should not be relied upon in place of professional or expert advice.

Without limiting what we have said above, to the extent permitted by law we, including our employees, officers, agents and contractors and their employees, officers, partners, agents and contractors do not warrant that the function of, or access to, the Website will be uninterrupted or error free, that any defects will be corrected or that any Website or server which stores and transmits any Content will be free of viruses or any other harmful components. We accept no responsibility for or liability in respect of such interruption, errors, defects, viruses or harmful components.

You, as the user of or visitor to the Website, will assume the entire cost of any verification, repair, maintenance or correction of any relevant content which is required.

4.    Limitation of liability
To the full extent permitted by law, neither we nor our employees, officers, agents and contractors or their employees, officers, partners, agents and contractors, shall be responsible or liable for any loss or damage (including, without limitation, any direct, indirect or consequential loss or damage, loss of profits, loss of data or loss of opportunity) howsoever caused (whether under statute, in contract, tort (including negligence) or otherwise), in connection with, or arising as a result of, any person acting or refraining from acting in reliance on the Content, accessing and/or using the Website or any associated Website links, or as a result of or in connection with any breach by you or anyone acting on your behalf of any of the terms of these Terms of Use.

To the full extent permitted by law, in so far as our liability (and/or that of our employees, officers, agents and contractors and their employees, officers, partners, agents and contractors) may not be excluded, such liability is limited, at our discretion, to the resupply of any service again or payment of the cost of having the service performed again, or the replacement or repair of goods or payment of the cost of having the goods replaced or repaired, or the payment of a maximum aggregated amount (aggregated across all claims) of $5.00.

5.     Indemnity
You agree to indemnify, and to keep indemnified, us and our employees, officers, partners, agents and contractors and our related bodies corporate and their employees, officers, partners, agents and contractors (“the Indemnified”) from and against all costs (on a full indemnity basis including, without limitation, reasonable legal and accounting costs) damage, loss and liabilities that the Indemnified may incur or suffer in connection with any claims, demands, actions or proceedings brought or made against any or all of the Indemnified by any person in connection with, resulting from, or alleged to result from: (i) your use of the Website or reliance on the Content or both; (ii) a breach of any of your representations or warranties in these Terms of Use; (iii) your violation of any of these Terms of Use; or (iv) any act or omission of yours or of any of Your officers, employees, agents or contractors.

6.    Contributing content
You further agree to the following:

•    You are legally responsible for all content – including, without limitation, all information, material, images (moving and still), graphics, sound, software, hyperlinks, data, logos and trademarks that you submit to the Website (“Information”).

•    You warrant that you have all the necessary or required licences, rights (including without limitation copyright, privacy, moral and intellectual property rights), consents and permissions to submit or post Information on the Website and that all Information is true and accurate at the time of submission/posting, is not illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent or in contempt of any court or parliament and does not contain any computer virus.

•    We reserve the right to refuse access to any person or to edit, block or delete Information submitted or posted on the Website by any person for any reason without notice, and we may terminate or restrict your access or use of part or all of the Website.

•    You grant us a perpetual, royalty-free, non-exclusive, unrestricted world-wide licence to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform and display in any media whether now known or in the future created, any Information posted on or submitted by you to the Website, and you warrant and represent that you own or have the necessary or required licenses, rights, consents and permissions to grant such licence.

•    You consent (and warrant that you have all rights necessary to grant such consent) to us doing all things to and with the Information you submit to the Website, including: (i) modifying and altering the Information; (ii) not attributing you or any person as the author of the Information, or attributing any other person as the author of the Information; and (iii) modifying, altering or using the material in any way in our discretion, even if this is done in a way that would constitute derogatory treatment of the Information or would affect the reputation of the author of the Information. 

7.    Web links
We have provided links within this Website and have also provided links within emails for the user’s convenience and reference. To the extent permitted by law, we do not endorse nor are we responsible or liable for any information, material, products and/or services associated with these links, and you use them at your own risk.
To the extent permitted by law, we do not accept any responsibility or liability for material contained in any Website linked to this Website.

8.    Intellectual property rights
All content and functionality including without limitation all data, information, material, images (moving and still), sound, graphics, software, hyperlinks, and all trade names, trade marks, service marks and other product and service names and logos in the Website (“Content”) is protected by Australian and international law, including without limitation laws with respect to copyright, trade marks and other forms of intellectual property.
We own, or have licences under or authorisations with respect to, all intellectual property rights in and in relation to the Website and in and in relation to the Content.

9.    Access and use
When you access and/or use the Website, you agree as follows:
•    You may save a local copy of or print Content from the Website for your own personal information and to inform others about it, but you may not charge any fee for any use, and all commercial use or exploitation of the Website or any Content is expressly prohibited.

•    Any copyright notice or mark appearing on any Content must be included on any copy you make.

•    You must keep all Content intact and in the same form as presented on the Website.

•    You may not modify it without our prior written permission.

•    You must not reproduce, republish or otherwise make available any Content on the internet or through any means, including by other publicly accessible media (including without limitation newspaper, journals, television or radio) without our prior written consent.

•    We expressly prohibit use of the Content in any manner other than as expressly permitted in these Terms of Use.

•    Activities you must not engage in include, without limitation:

  • Making a copy, modification, adaptation or reselling or redistributing any material on this Website;
  • Making any commercial use of material on this Website, unless such use is authorised in writing by us;
  • Making any form of representation, including linking or framing, that could mislead or deceive a person into believing that the material is from a source other than the Website;
  • Accessing or using of the Website by any means that is contrary to our interests (including without limitation to facilitate a means of encouraging users of the Website to use another website offering services similar to those on the Website); and
  • Using the Website or any Content for any purpose which is unlawful, prohibited under the Terms of Use or which violates any of our rights or any rights of any other person in relation to the Content contained in the Website.

•   We reserve the right to take any course of action (including to take legal action) we deem necessary to protect our rights (including with respect to intellectual property). We also reserve the right to take legal action against parties who have misinformed, misled, abused or misused any or all of the Content, or otherwise breached any of the Terms of Use.

10.     Termination
The Terms of Use are effective until terminated by us, and we may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you, indemnities given by you and all our disclaimers and limitations of liability set out in the Terms of Use will survive termination.

11.    Security
If you are a registered subscriber of the Website, you may receive or establish an account which may include login details such as username and password ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You must not reveal your Account information to anyone and you must not use anyone else's Account.

You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify us of any unauthorised use of your Account or any other breach of security. We shall not be responsible for any losses arising out of the unauthorised use of your Account.

You must not access or attempt to access an Account that you are not authorised to access. You agree not to modify any software used or provided in or in connection with the Content or the Website (“Software”) in any manner or form, or to use modified versions of the Software, for any purposes including obtaining unauthorised access to the Website.

You should be aware that there are inherent risks associated with the transmission of information via the internet, and we cannot guarantee the safe and secure transmission of information to or from us unless we explicitly say so in writing for a particular interaction.

12.    Changes
We reserve the right to change any or all of the Website format and content including without limitation the Terms of Use at any time without notice. As such, it remains your responsibility to regularly check the Terms of Use.

13.    Privacy
By using the Website, you grant us consent to use your personal information in accordance with our Privacy Policy and you acknowledge that our Privacy Policy forms part of these Terms of Use.

We take no responsibility and will not be liable for the privacy and security of the above information after the user has "hyperlinked" to another website.

14.    General
The Terms of Use are governed and will be construed in accordance with the laws of New South Wales, Australia.  By agreeing to the Terms of Use you irrevocably and unconditionally accept and submit to the jurisdiction of the courts of New South Wales, Australia.

These Terms of Use and any rights and licences granted hereunder may not be transferred or assigned by you, but may be assigned or transferred by us without restriction.

If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

 

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