Website Terms of Use

General

These Terms of Use (Terms) apply to the websites owned and operated by Youth Empowerment Against HIV (YEAH, also We, Us and Our) under the domain name www.redaware.org.au (the Website).

By visiting the Website and/or purchasing any item from the Website, you are bound by these Terms in addition to any other terms that are notified to you on the Website, including:

  • specific and additional terms accessible that apply to specific sections of the Website;
  • the privacy policy accessible at www.redaware.org.au/yeah-privacy-policy/ (Privacy Policy); and
  • the Refund and Replacement Policy,

collectively constituting a legally binding agreement between you and YEAH.

To the extent of any inconsistency between these Terms and any additional terms, the Privacy Policy, the Refund and Replacement Policy and any more specific terms shall override the general Terms to the extent of the inconsistency.

By using, accessing or reviewing the Website, you warrant to YEAH that you have the authority to enter into an agreement with YEAH on these Terms and that you have considered and agree to be bound by these Terms, as may be modified from time to time. If you are under 18 years of age, you acknowledge and agree that you fully understand and comprehend the nature and consequences of your use of the Website and that you agree to be bound by these Terms, as may be modified from time to time. If you do not agree to any of the Terms, please refrain from using the Website.

 

These Terms of Use are current as at the date at the end of this page. YEAH reserves the right to make changes to the Terms from time to time. Changes to the Terms will be notified on the Website. Your continued use of, or access to, the Website following any such changes constitutes acceptance of those changes.

We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, secure or error-free.

Content

We may permit you to submit or post material, information or other content on the Website (User Content).

You are solely responsible for any User Content you contribute and the accuracy of any User Content. We take no responsibility and assume no liability for any User Content.

By submitting User Content for potential inclusion in the Website you grant YEAH and Our related parties a royalty-free, non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide-licence to use, publish, reproduce, transmit, distribute, modify, edit, display, translate, enhance, communicate to the public and creative derivative works from your User Content and sub-licence any of those rights to any third party. You consent to any act or omission in respect of your User Content, unconditionally and irrevocably, that would otherwise infringe your rights of integrity, attribution of authorship and not to have authorship falsely attributed (Moral Rights).

IP Rights

All copyright, patent, trade mark, trade secrets (IP Rights) in the Website are owned, or licensed to, YEAH. Subject to the exceptions below, you agree not to misuse any of YEAH’s IP Rights without Our express written consent.

We grant you a limited, personal, non-exclusive, revocable, worldwide license to use and access our informational material (including brochures, pamphlets, videos, PDFs and other material downloadable from the Website) (Informational Material) solely for your personal and non-commercial use, or for use by an educational institution (including sexual health clinics and educational programs) solely for the purposes of sexual health education, on the following terms:

(a)                you must include the YEAH copyright notice (and not remove any existing copyright or other proprietary notice);

(b)                you must acknowledge that an Informational Material is reproduced with the permission of “YEAH” and identify the full name of the document (i.e. ‘title of document’ © YEAH. Reproduced with permission.’;

(c)                you must not alter or modify any Informational Material in any way whatsoever without YEAH’s prior written permission;

(d)                you must not, in relation to an Informational Material:

(1)         hold it out as being medical or clinical advice;

(2)         use it in a way that suggests that you are affiliated with, or endorsed by, Us; and

(3)         distribute it in any way to third parties without YEAH’s prior written permission.

Third party applications and websites

We may provide you with access to third party tools, applications, and other services (e.g. YEAH’s online shop, which may be hosted by a third party provider such as Shopify) (Third Party Applications). YEAH is not responsible for any content on Third Party Applications, nor does it endorse or approve such applications.

Any terms that apply to your use of any Third Party Applications will be between you and the relevant third party.

YEAH makes no warranties or representations regarding the quality or accuracy of material available on websites controlled by third parties that you access via links or referrals from Our Websites (Third Party Websites), nor that such material does not infringe the IP Rights of a third party.

Your use of any Third Party Applications or Third Party Websites is done so at your own risk and you should make your own enquiries before relying on them. All complaints, claims, concerns, or questions regarding Third Party Applications or Third Party Websites should be directed to the third party.

Using the Website

The Website and all of its content is provided solely for personal and non-commercial, or educational, use unless YEAH expressly agrees with you in writing. You must not:

(e)                use the Website or any materials, content and information made available or accessed through the Website (Website Content), or any products or services purchased through YEAH’s online store on the Website (Products or Services), or User Content to perform, solicit or encourage any other person to perform any act that is in any way unlawful, threatening, fraudulent, defamatory, discriminatory, obscene, pornographic or otherwise inappropriate;

(f)                 use the Website to post, transmit, upload or attempt to post, transmit or upload any content, materials or information which:

(1)         disrupts or interferes with any person or entity, or prevents any person or entity from accessing, using or enjoying the Website;

(2)         is offensive, obscene, unlawful, defamatory, harassing, threatening, menacing, discriminatory or otherwise inappropriate;

(3)         infringes the IP Rights of any third party;

(4)         collects, tracks or solicits the personal information of others;

(5)         is intended to spam, phish, pharm, pretext, spider, crawl, or scrape any other person;

(6)         constitutes false or misleading information; or

(collectively Acceptable Use Guidelines).Any breach of the Acceptable Use Guidelines may be grounds for suspension or termination of your access to the Website. YEAH may take any appropriate action in respect of that breach.

Online Store

YEAH may provide goods online through the Website’s online store from time to time. By placing any order for goods in the manner described on the Website you make an offer to purchase the goods for the specified price on the Website at the time you place the order (Offer).

We do not guarantee that goods purchased by you through the Website will not differ in minor ways from the graphics, photos and illustrations used in relation the goods (e.g. in the colours and images of the goods as they appear on the Website due to your computer monitor’s display). All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

When you submit your order, you must pay the price for the items displayed on the Website, including any applicable delivery and handling charges. You agree to provide current, complete and accurate purchase and account information for all purchases made through our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you, as needed.

We reserve the right to refuse, limit or cancel any Offer for any reason, including without limitation, unavailability of items or errors in pricing or description of the items. We will attempt to notify you in the event that an order cannot be fulfilled. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We currently accept orders for delivery to all locations in Australia.

You may only cancel your order(s) if the items have not been dispatched. Please contact us if you wish to cancel an order.

Title in the items ordered will pass on physical delivery of the items to your shipping address. Risk of loss or damage of the items will pass to you when the goods are passed from YEAH to our shipping provider for delivery to you. We do not insure any orders for any items so we recommend you nominate a secure delivery address.

Any delivery period stated on the Website is indicative and does not form part of the agreement for sale of the items. We may contact you if we anticipate any issues delivering your items within a reasonable time.

Unless otherwise specified all references to currency are in Australian dollars.

All goods purchased through the Website are subject to return and replacement or refund according to our Refunds and Replacement Policy.

Personal Information and Privacy

We respect your privacy. We collect, hold, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth). Our Privacy Policy is incorporated into these Terms of Use. If You have not already viewed our Privacy Policy, you can do so here http://www.redaware.org.au/yeah-privacy-policy.

You agree that User Content (excluding credit card information), may be transferred unencrypted and involve transmissions over various networks and may be changed to conform to, or and adapt to, the technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

If you access any personal information about other individuals through the Website, you must keep that information confidential unless you have that individual’s consent to deal with it otherwise.

If we issue you with a password that permits you to access various parts of the Website, you must protect the security of your password and ensure that it is not easy for others to guess. You must also protect the security of your email account used to register, as we may send password reminders to that account where we are requested to do so on one of the Websites. You are solely responsible for any use of the Website through such access, whether authorised or not.

Liability and Indemnity

YEAH considers that the sharing of information about sexual health is important. None of the Website Content constitutes medical advice of any kind and any information supplied is generic. The Website Content is not diagnostic or prescriptive and does not replace the services of a qualified health care professional.

YEAH and our related parties (including but not limited to Our contractors, subcontractors, service providers and licensors) are not liable, to the maximum extent possible under the applicable laws, for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence) or otherwise, arising from or out of your use of, or access to, the Website, Website Content or any of the Products and Services, including, but not limited to, any errors or omissions in any content.

Nothing in these Terms limits, excludes, restricts, modifies or purports to limit, exclude, restrict or modify rights which you may have under the Australian Consumer Law. If you suffer any loss in connection with the Website, you must take all reasonable steps to minimise your loss, including notifying Us without delay if there are steps We can take to help minimise your loss.

You agree to indemnify YEAH and its Related Parties in respect of any liability incurred by YEAH for any loss, claim, damage (including all reasonable legal fees), howsoever caused, and suffered by YEAH or its Related Parties due to, or arising out of, your breach of these Terms, your User Content or your use of the Website, including but not limited to, any breach of IP rights in connection with the Website or your User Content.

Miscellaneous

These Terms are effective unless and until terminated by either you or Us. Your sole recourse if you wish to terminate these Terms is to cease using the Website.

We reserve the right to suspend or terminate your access to and use of the Website if you breach the Acceptable Use Guidelines and fail to remedy the breach within 14 days or if we have legitimate business or commercial reasons to do so.

If the whole or any part of these Terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the Terms continue to have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

Any failure by YEAH to exercise or enforce any right or provision in relation to these Terms does not constitute a waiver of such right or provision.

These Terms are governed by and construed in accordance with the laws of Victoria, Australia and both parties agree to the exclusive jurisdiction of the courts of Victoria.

Questions about these Terms should be sent to us at info@yeah.org.au.

 

Effective and last updated: 10/2/2016                        Version: #1