Website Terms of Use

This website (http://onedayoff.org) (the Website) is governed by these Website Terms of Use.  The Website is operated by Caring for Carers Australia Limited ABN 37 626 301 657 (Caring for Carers).

In these Terms of Use, ‘us’, ‘we’ and ‘our’ means Caring for Carers and any related bodies corporate.

The Website includes publicly-accessible content, as well as functionality for individuals to register an account and create personal individual fundraising pages (Fundraiser Pages) (the Services).

These Website Terms of Use apply to visitors to the Website. Please see our Fundraising Terms www.onedayoff.org/fundraising-terms which apply to:

  • creating Fundraising Pages and fundraising through this Website;
  • giving donations; and
  • submitting content such as testimonials.

In the event of inconsistency between the Fundraising Terms and these Website Terms of Use, the Fundraising Terms prevail.

Acceptance of these Website Terms of Use

By using the Website, you accept these Website Terms of Use as updated from time to time.  If you do not agree with these Website Terms of Use (including any amendments to these terms) you must immediately cease using the Website and our Services.

We may update or amend these Website Terms of Use from time to time. You should check this page from time to time to make sure you are aware of any changes.

Use of the Website

You agree to only use the Website in accordance with these Website Terms of Use and applicable laws. You may be held personally liable for any unlawful use of the Website.

Your failure to comply with these Website Terms of Use may result in the suspension or termination without notice of any One Day Off account you have.

If you think any content or material on the Website is inappropriate, inaccurate, out of date, unlawful or infringes your rights, please contact us at wecare@caringforcarersau.org.

You are solely responsible for providing (at your cost) all equipment, software and internet access necessary to use the Website and the Services.

Intellectual property rights

We own or have a licence to all of the intellectual property rights in the materials, information and content on this Website, including without limitation the text, graphics, logos, icons, images, video and audio clips, designs, interfaces, and the layout of the Website. This content is protected by copyright laws in Australia and overseas.

You may access, download and print content from this Website for your own personal or internal business purposes. You may also reproduce content marked as being owned by Caring for Carers for non-commercial, personal or educational purposes free of charge, provided that reproduced Caring for Carers content:

  • must remain branded Caring for Carers and acknowledgment to Caring for Carers must be made prominently, including a link to http://onedayoff.org; and
  • must not be reproduced or published in a manner which damages or dilutes the reputation of Caring for Carers or which creates a misleading impression that Caring for Carers is associated with, or a sponsor of, the person reproducing the content; and
  • must not be altered or reproduced in a misleading context.

You must not otherwise publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of any part of the content on this Website (other than user content you uploaded to the Website) without our prior written consent.

Where you upload or provide information to us via the Website, you warrant that you are the owner of the materials you upload (or that you are otherwise authorised by the owner to upload those materials) and you must not upload or otherwise transmit or distribute material which infringes any third party rights.

We reserve the right to review, edit, move or delete any content or material displayed on or through the Website at any time without notice and without liability.

The Website includes trade marks which are protected by law. You may not use our trade marks in Australia or internationally without our prior written consent, except to legitimately identify our products or services.

Availability and content

We use reasonable efforts to make sure that you can access and use the Website at all times. However, despite our efforts, our Website may not be accessible at all times and you may experience interruptions, delays, errors or faults in your use of and access to our Website. We will not be responsible to you or anyone else if these things occur.

Whilst we endeavour to ensure the accuracy of the information on our Website, we do not guarantee or give any warranty as to the accuracy, currency or completeness of any information or material on the Website.

Your use of the Website is at your own risk and the Website is provided to you “as is” and “as available” basis.

Security

The transmission of information over the Internet is not completely secure or error free. While we take steps and have reasonable measures in place to secure information provided or processed through the Website, we cannot guarantee the absolute security of information on or processed through the Website. In particular, information submitted to or accessed via this Website may not be secure and you should use discretion in deciding what information you send and receive via these means.

Emails to or from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.

Liability

To the extent permitted by law, we and each of our directors, officers, employees and agents exclude all liability for any loss, damage or injury (including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of data or loss of opportunity) which you suffer whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise resulting from your access to (or inability to access) or use of this Website and the Services, or as a consequence of any content, information or services obtained from or through this Website.

Nothing in these Website Terms of Use restrict, exclude or modify any rights that cannot be excluded under any applicable law including the consumer guarantees set out in the Competition and Consumer Act 2010 (Cth).  If we are liable for a breach of a consumer guarantee (or any other term implied by law) and that liability cannot, by law, be excluded but can be limited, our liability is, to the fullest extent permitted by law, limited to (where permissible) to, at our election, replacing or resupplying the relevant goods or services or paying the cost of such replacement or resupply.

By submitting content to the Website you agree to indemnify us against all liability we may suffer or incur arising from any claims against us by third parties in connection with the content you submit being displayed on the Website (including that any such content breaches privacy, intellectual property rights or any law).

Linking and framing

The Website may contain links to other sites and may on occasion display content or information from other sites within frames on this Website. We are not responsible or liable for third party content or information, and do not warrant the accuracy, currency or suitability of that information for any purpose.

You may link to our Website provided you do so in a way that accurately indicates that the link is to a Caring for Carers or One Day Off website and is not misleading, derogatory or otherwise offensive.

Use of electronic addresses

We may publish electronic addresses of our employees, officers and partners on this Website for business purposes only. The publication of those electronic addresses does not constitute consent by such employees, officers and partners to receiving unsolicited commercial electronic messages.

Termination or suspension of the Website

We have the right to terminate or suspend the operation of the Website (including in part) for any reason without notice and without liability.  We may (without limitation) suspend the Website to conduct maintenance or implement updates and will generally provide prior notice to registered users of the Services, where practicable, when such a suspension will be necessary.

Privacy

Any personal information we collect about you via this Website or otherwise will be dealt with in accordance with our Privacy Policy, available at [insert link].

We may use cookies to identify your computer on our server and so we can track your use of this Website. In some instances, cookies may collect and store personal information about you. Such personal information will be used by us in accordance with our Privacy Policy.

General

These Website Terms of Use are governed by the laws of Queensland. In the event that we have a legal dispute relating to this Website or these Website Terms and Conditions, you agree that Queensland courts will have jurisdiction.

Although Australian websites may be accessed outside of Australia, we make no representation that the content of the Website complies with the laws of any other country. If you access the Website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on Website content. 

Last updated: August 2018