These Terms and Conditions (Terms) apply to your use of the Heart on my Sleeve Movement Limited (ABN 55 627 697 401) (HoMS, we, us, our) Website which can be found at www.heartonmysleeve.org (Website).
By using the Website, you agree to be bound by these Terms, and if you do not agree to these Terms, then you must not use the Website.
We may amend these Terms from time to time, without notice to you, by posting an updated version of the Terms on the Website. You should regularly check these Terms for any amendments. If these Terms are amended, you must comply with the updated Terms. If you do not agree to the updated Terms, you must immediately cease using the Website.
Capitalised terms used in these Terms are defined in the 'Interpretation' section at the end of these Terms.
All copyright and other intellectual property rights in the Website, including all trade marks and content appearing on the Website (Our Content) are owned by us and/or our licensors.
We grant you a revocable, non-transferable, non-exclusive licence to use the Website on your Device for your own purposes, and to download and print out a copy of Our Content for your own personal, non-commercial use.
You must not (and must not attempt to):
(a) except as permitted by the licence set out above, use or copy any part of Our Content without our prior written consent;
(b) distribute, translate, modify or tamper with Our Content or any part of the Website;
(c) create derivative works of or from any part of the Website or Our Content;
(d) sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms;
(e) remove, obscure, obstruct, tamper with or alter any copyright marks, trademarks or other proprietary marks or notices on the Website or any of Our Content; or
(f) permit or assist any person to engage in any act described in paragraphs (a) to (e) above.
We may, in our discretion, remove any of Our Content at any time, without prior notice.
Use of the Website
You must provide your own internet access and Device in order to use the Website. You are responsible for all internet access, data download and other network charges arising from your use of the Website and you acknowledge and agree that we have no responsibility or liability for those charges.
You are responsible for the operation and maintenance of your Device and for ensuring that the Website is accessible from your Device, this includes but is not limited to a responsibility to ensure the installation of a compatible operating system for the operation and use of the Website on your Device.
HoMS may elect, in its discretion to make available for purchase on the Website, certain products from time to time. These products and services have limited quantities and are subject to return or exchange according to our Returns Policy.
We reserve the right, in our discretion, to:
(a) limit or restrict the sales of the products that we offer, including to any person, geographic location or jurisdiction;
(b) discontinue the sale of any product at any time; and
(c) change any description of a product on the Website at any time, without notice to you.
Except to the extent that we make such warranties in the Consumer Guarantees, we do not warrant that the quality of any products, services, information or other materials purchased by you via the Website will meet your expectations.
All prices for products sold via the Website, unless otherwise stated, are in Australian Dollars and include GST.
If you purchase a product from, or make a donation to HOMS via, the Website, then you may use a credit or debit card to make a payment or donation via the secure, encrypted payment portal on the Website, which is linked directly to our bank, who will authorise all credit card payments.
We do not capture or store your credit card details, only the authority from our bank that your credit card payment has been approved.
You may upload content to the Website using the various functionalities of the Website. If you use the relevant functionality of the Website you must do so in accordance with these Terms. You acknowledge and agree that any such content is owned by you, and you grant us a perpetual, royalty-free, irrevocable, transferable, world-wide licence to:
(a) use, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute and display (in any form, medium, or technology now known or hereafter developed) any and all content, ideas, text, graphics, messages, links, data, information and other materials you submit to us through the Website or in connection with a Program (Your Content); and
(b) sublicence any of the rights granted by you under paragraph (a) above to any third party, in connection with our business and charitable purposes.
You warrant and represent to us that:
(a) you own or have obtained all the rights necessary to grant us a licence to Your Content;
(b) Your Content will not violate any third party rights (including intellectual property rights); and
(c) Your Content complies with these Terms, and in particular the requirements of the ‘Your Obligations’ section below.
By submitting Your Content to us through the Website, you acknowledge and agree that we may create Our Content that may be similar or identical to Your Content and you hereby waive any recourse you may otherwise have against us for any alleged or actual infringement or misappropriation of any proprietary or other right in Your Content.
Other User Content
The Website may also include information uploaded by other users of the Website or participants in a Program (as the case may be) (Other User Content). You must not use distribute, modify, transmit, reuse, repose or otherwise use Other User Content without our express written consent.
We are under no obligation to monitor Your Content or any Other User Content submitted or (where applicable) published using the Website, but may choose to do so from time to time.
Notwithstanding our right to monitor Other User Content, such content is not validated, approved or endorsed by us, and we make no representations or warranties as to, accept no responsibility for, and assume no liability for, any Other User Content (including in relation to its accuracy or completeness).
We may, in our discretion, remove edit, disclose and (where applicable) refuse to transmit or post any of Your Content or any Other User Content at any time, without prior notice.
Performance of the Website
We will use reasonable endeavours to generally make the Website available during normal business hours. However, the availability of the Website depends on various third party suppliers of both you and us, and accordingly, we does not warrant or guarantee that:
(a) you will be able to use the Website at any time; or
(b) your use of the Website will be continuous, uninterrupted, secure or error-free.
You acknowledge and agree that the Website may not be available for use from time to time, and that you may be disconnected from your use of the Website at any time for any reason, including if:
(a) any network connection difficulties occur;
(b) the systems providing those services are unavailable for any reason (including so that maintenance can be performed);
(c) you breach any of these Terms; or
(d) we decide to terminate your access to the Website or a Program, for any reason.
We make no guarantee as to the reliability or performance of the Website. The performance of the Website depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the Website and the systems that support it.
Information available on the Website
The information available through the Website is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy (including in respect of any Other User Content).
The information contained on the Website is provided by us in good faith and on an 'as is' basis. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Website is or will be current, complete or accurate. You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Website is current, complete and accurate, before using it.
Additionally, you acknowledge and agree that the information available through:
(a) the Website is general in nature and is intended only to provide information about HoMS, its history, background, mission, Programs and products; and
(b) the Programs is intended to provide participants in those Programs with a tools and knowledge around mental health.
(c) is not intended to be used as, and must not be used as, medical, clinical, psychological or psychiatric advice or a substitute for such advice and you should not ignore or delay seeking legitimate medical, clinical, psychological or psychiatric advice on the basis of the information provided on the Website or in connection with a Program;
(d) should not be acted upon without first obtaining professional advice specific to your circumstances; and
(e) should not be used to treat or diagnose a medical or psychological condition.
You also acknowledge and agree that accessing or using the Website, participating in a Program or obtaining any information on the Website or via a Program does not create a doctor-patient or any other relationship between you and us.
You must not rely on the information available through the Website for any reason and we assume no liability for your reliance on such information.
Without limiting any other part of these Terms, you must not use (or attempt to use) the Website:
(a) for any unlawful or dishonest activity, or any activity prohibited by these Terms;
(b) to access, transmit, publish or communicate content or material which:
(i) is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful;
(ii) is xenophobic, racist, abusive, harassing or hateful;
(iii) is invasive of a person’s privacy or constitutes personal abuse directed at other users;
(iv) constitutes spam, commercial advertising, the promotion of gambling or the promotion of your own site, business or organisation;
(v) contains a virus or other harmful code;
(vi) infringes a person's copyright or other rights (including any other intellectual property rights); or
(vii) contains links to other sites that contain or promote the material identified in paragraphs (i) to (v) above;
(c) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
(d) to transmit, publish or communicate bulk and/or unsolicited messages;
(e) in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website;
(f) in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party;
(g) to impersonate any person or entity or to misrepresent your identity in any way; or
(h) without limiting any of the foregoing, for any commercial purpose, including in order to commercialise any information or products obtained from any part of the Website.
We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms, and you must immediately comply with any such request.
Security and cookies
To use the Website and its features as intended, you must:
(b) grant it any other permissions and access to your Device that it requires from time to time.
If you do not grant these permissions and this access (or disable such permissions and access), you may be unable to use the Website or some of its features.
The Website uses the internet to provide services and information. By using the Website, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.
We do not warrant or guarantee the security of the Website. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.
Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).
Where you as a Consumer acquire goods or services under these Terms through your use of the Website and those goods or services:
(a) are of a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Goods or Services), the operation of the Consumer Guarantees cannot be, and are not in these Terms, excluded, restricted or modified; or
(b) are not PDH Goods or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this section to be void) to, at our option:
(i) in the case of goods, repairing or replacing the goods or paying the cost of having those goods repaired or replaced; and
(ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied,
and we do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.
You agree to indemnify us and hold us harmless from and against any Losses suffered by us in connection with your use the Website, including Losses arising out of or in connection with claims made against us by a third party.
You acknowledge and agree that your access to, and use of, the Website is at your own risk.
To the extent permitted by law, we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this section to be void).
Except for any liability under the Consumer Guarantees, we exclude all responsibility and liability arising from or in connection with your use of the Website, including, without limitation:
(a) any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses;
(b) your participation in a Program;
(c) any other Losses; and
(d) any liability that arises in connection with the sale of products via the Website.
If you access any Confidential Information using the Website, you must:
(a) keep such Confidential Information confidential;
(b) use such Confidential Information only in accordance with the Terms; and
(c) not disclose such Confidential Information to any person (other than a director, officer, employee or partner of the organisation you represent, who is obliged to keep that information confidential).
The obligations in paragraphs (a) to (c) above will continue to apply even if your access to the Website is disabled, terminated, suspended or withdrawn.
If you use the Website, the information that we may collect and store includes, without limitation:
(a) the type of operating system and/or other software or firmware used by your Device;
(b) the data you send and receive using the Website, and the type and quantity of that data;
(c) the dates on which and times at which you use the Website; and
(d) the IP and MAC address of your Device.
You represent and warrant to us that the Personal Information you provide to us is complete and accurate.
Third party links
The Website may contain links to other third party websites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. The inclusion of such a link on the Website should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of that third party website, or for any information, product or service referred to on that website.
You acknowledge that you access such links at your own risk and we make no representations or warranties as to, and accept no responsibility or liability for:
(a) your use of such links; and
(b) the accuracy of information provided via such links on those websites, nor do we endorse any information, opinions, goods or services referred to on them.
Suspension, withdrawal of or changes to the Website
We reserve the right to:
(a) immediately suspend, lock or terminate your access to and/or use of the Website or participation in any Program; and
(b) withdraw, add, amend or disable the Website and/or any of its features or components,
in each case at any time and for any reason, without notice to you.
If requested by us, you must immediately:
(a) cease your use of the Website and/or your participation in a relevant Program; and/or
(b) destroy, expunge, disable or restrict access to any information from the Website that you have printed or downloaded (including Our Content and any Other User Content), and any information derived or generated from that information.
We do not waive a right, power or remedy in connection with these Terms if we fails to exercise or delay in exercising the right, power or remedy.
If any provision of these Terms is found to be invalid by a court of competent jurisdiction, then the relevant provision may be severed from these Terms and the invalidity of that provision will not affect the validity of the remaining provisions.
All provisions of these Terms, which, by their nature, should survive termination, suspension or discontinuation of your use of the Website shall survive such termination, suspension or discontinuation, including the provisions entitled ‘Licence’, ‘Consumer Guarantees’, ‘Indemnity’, ‘Liability’, ‘Confidentiality’, ‘Privacy’ and ‘Miscellaneous’.
These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them.
In these Terms:
(a) Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time;
(b) Confidential Information means:
(i) the information obtained through the Website and/or a Program; and
(ii) the identity of any user of the Website or participant in a Program,
except in each case for information which is in, or which enters, the public domain otherwise than as a consequence of a breach of these Terms;
(c) Consumer has the meaning given to that term by section 3 of the Australian Consumer Law;
(d) Device means your own internet-enabled device that is compatible with the Website and has a current and working internet connection;
(e) Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning;
(g) Returns Policy means our returns policy, as amended from time to time; and
(h) any reference to currency or pricing will be, unless otherwise specified, a reference to Australian currency.