The Hungerford & Associated Families Society Inc [INC9877065] Terms of Use

These terms and conditions (“Conditions”) govern your use of and access to The Hungerford & Associated Families Society Inc (HAFS) website (“Website”).

We may change all or part of these Conditions at any time. If we do, the new Conditions will be posted on the Website. Your subsequent and continued use of the Website will constitute your acceptance of any changes. If you object to any changes to the Conditions, you should immediately discontinue your use of the Website.

Definitions

In these terms and conditions:

“Conditions” means these terms and conditions, together with the HAFS Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Website.

“HAFS” means the The Hungerford & Associated Families Society Inc [inc9877065]

“Website” means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including tablets, mobile phones or any other devices).

“Material” means text, illustrations, photos, audio, video, any combination of these or other material on the Website.

“Us”, “we” or “our” means HAFS.

The Website

While we use reasonable endeavours to ensure that the Website is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the Website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

Except as expressly provided otherwise in these Conditions:

1. we reserve the right to change or discontinue any Website content, feature or service (or part thereof) on the Website at any time, and
2. we reserve the right to change the pricing for any product or service available on the Website at any time.

Membership

To access or use certain parts of the Website, you must register as a member of HAFS: see https://www.hafs.org.au/membership/. You must not register as a member multiple times or impersonate or create a membership for any person other than yourself.

It is your responsibility to inform us of any changes to your registration information. We will treat your personal information strictly in accordance with our Privacy Policy.

We may at any time request a form of identification to verify your identity and we reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the Website, including if we believe you are abusing the services in any way, have breached the Conditions or Terms of Use or are no longer an active member.

Your conduct

You must not:

1. use the Website for any unlawful purpose or in breach of any applicable laws or regulations;
2. use the Website (or Material obtained from the Website):

• to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” “spamming” or similar items;
• to impersonate any person or entity;
• to solicit money, passwords or personal information from any person;
• to harm, abuse, harass, stalk, threaten or otherwise offend others;

1. use the Website to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

• is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
• contains, promotes, or provides information about current unlawful activities or conduct;
• is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
• exploits another person in any manner or poses or creates a privacy or security risk to any person;
• includes an image or personal information of another person or persons unless you have their consent;
• you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
• contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
• advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
• contains financial, legal, medical or other professional advice;

1. interfere with, disrupt, or create an undue burden on the Website;
2. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Website;
3. use the Website with the assistance of any automated scripting tool or software;
4. frame or mirror any part of the Website without our prior written authorisation;
5. use code or other devices containing any reference to the Website to direct other persons to any other web site;
6. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so; or
7. delete any attributions or legal or proprietary notices on the Website.

Your Material

By uploading, transmitting, posting or otherwise making available any Material via the Website, you:

1. grant us, and each user of the Website, a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
2. warrant that you have the right to grant the abovementioned licences and that the Material does not breach the Conditions; and
3. unconditionally waive all moral rights (as defined by the Copyright Act 1968 (Cth)) which you may have in respect of the Material.

We reserve the right (but have no obligation) to:

1. review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
2. monitor use of the Website, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.

We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Website by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Website simply by facilitating others to post, transmit or otherwise make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

Notifying us

If you think that the Website has been accessed or used by another user in breach of these Conditions, please email us. We’ll consider whether there are grounds for taking any action, but you won’t necessarily be contacted as to our decision.

In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to send the notice to us.

Intellectual Property

Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the Website.

All content on this Website is owned by HAFS, unless otherwise stated, and contains copyrighted materials and works.  HAFS respects the rights of artists, creators and copyright holders and every effort has been made to obtain permission to reproduce such materials on this website where necessary.

HAFS would be grateful for any information concerning copyright of the images and will withdraw them immediately on copyright holder’s request, if appropriate.

Other than for purposes of criticism and review; private research and study; and reporting the news, under the fair dealing exemptions as defined in the Copyright Act 1968 (Cth) no material from this website (or any part of it) may be:

• posted to any other website
• downloaded, printed, emailed or otherwise reproduced
• broadcast, communicated or copied modified, republished or distributed by any mechanism
• used for any public performance or display including a transmission over a network
• reproduced in any form including without limitation, the extraction and/or storage in any retrieval system or inclusion in any other computer program or work (except as is incidental to viewing this website)

without first obtaining permission from HAFS. Contravention is an infringement of the Copyright Act 1968 (Cth).

Where content on this site is not the property of HAFS, it is the responsibility of the intended user to obtain the permission of the copyright holder where applicable, before such content can be released for use.  HAFS will endeavour to provide contact details of copyright holders where possible.

Except where expressly provided otherwise in these Conditions, you may reproduce and display the Material on the Website only for your own personal, non-commercial use. Except for the temporary copy held in your computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.

In particular, you may not use any Material on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Nothing displayed on the Website should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Website without the express written consent of the relevant owner.

Third party websites, advertising and activities

We may feature or display links and pointers to websites operated by third parties on the Website. Such websites do not form part of this Website and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the Website entirely at your own risk.

You must not link to the Website from any other website (or otherwise authorise any other person to link from a third party website to the Website) without our prior written consent.

The Website may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on the Website, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party.

Disclaimer

You use the Website at your sole risk.

Except where expressly stated otherwise, Material on the Website is provided as general information only.

We do not make any representation or warranty that any Material on the Website will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Website in any circumstance.

Limitation of liability

To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Website that are not expressly set out in the Conditions.

To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:

(a) in the case of services supplied or offered by us:

• the re-supply of those services; or
• the payment of the cost of having those services re-supplied; and

(b) in the case of goods supplied or offered by us:

• the replacement or repair of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of having the goods replaced; or
• the payment of the cost of having the goods repaired.

In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the Website, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Website.

Indemnity

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Website, including any breach by you of the Conditions.

Severability

If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

No waiver

No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Affirmation regarding age

By using the Website, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.

Applicable law

These Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises under these Conditions.