Terms and conditions

Dementia Friendly Communities

Terms and Conditions of Use

  1. About the Website
    1. The Dementia Friendly Communities website (Website) is operated by Dementia Australia Ltd ABN 79 625 582 771 (‘we’, ‘our’, etc, whether capitalised or not).
    2. The Website facilitates interactions between:
      1. individuals and organisations who use the Website and its associated services (Users) and each other; and/or
      2. Dementia Australia Ltd ABN 79 625 582 771 (‘we’, ‘our’, etc, whether capitalised or not).
    3. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, agree and consent to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or services, immediately.
    4. We reserve the right to review and change any of the Terms by updating this document on the Website at our sole discretion. When we update the Terms, we will use reasonable endeavours to provide you with notice of updates or amendments to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Your continued use or access of the Website after any changes to the Terms will be taken as you consenting or agreeing to, such changes.
  2. Registration
    1. In order to access certain areas or services of the Website (Relevant Services), the User may be required to register an account through the Website (Account).
    2. Once you have completed the registration process for your Account, you will be a registered User of the Website and separately to your agreement and consent under clause 1.3 above, agree to be bound by these Terms.
  3. Collection of Personal Information
    1. Our Privacy Policy applies to personal information collected from you during your Account registration process, or as part of your continued use of the Website or Relevant Services.
    2. Without limiting clause 3.1, and in addition to our Privacy Policy (where applicable), you may be required to provide personal information about yourself including:
      1. name or preferred username;
      2. date of birth;
      3. gender
      4. email and other contact details;
      5. health information, including but not limited to: weight, height, diet, social, intellectual and fitness habits, diagnosis of dementia;
      6. sexual orientation; and
      7. race and identification as Aboriginal and/or Torres Strait Islander.
    3. You warrant that any information you give to us will always be accurate, correct and up to date. Should the information you provide change, you warrant to firstly change them in the Website yourself and secondly notify us if you are unable to.
    4. The personal information collected by us from you will be used for:
      1. use in providing the Website and associated services to Users;
      2. communicating with Users about Dementia Australia activities;
      3. distributing newsletters and other publications in print and electronic form from time to time. You may choose to be removed from our distribution lists by contacting us; and
      4. otherwise in accordance with our Privacy Policy
    5. Collection of personal or sensitive health information is to enable us to better understand our Users and to tailor our services most appropriately for our Users. We will generally not disclose personal information to third parties without your consent except:
      1. if we are required by law or we believe in good faith that such action is necessary in order to comply with law, cooperate with law enforcement or other government agencies, or comply with a legal process served on us (including other services providers or insurers) or court order;
      2. to our contractors, services providers and volunteers to the extent necessary for them to perform their duties to us; or
      3. as permitted in our Privacy Policy.
  4. Your obligations as a User
    1. As a User, you agree to the following:
      1. you will not share your Account or profile with any other person;
      2. you will use the Website and associated services only for purposes that are permitted by:
        1. these Terms;
        2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; and
        3. only for the purposes they were provided;
      3. you will have sole responsibility for protecting the confidentiality of your password, email address and/or user name attached to your Account;
      4. we may treat any act done by or through your Account as being done by you, without any obligation to make further enquiries;
      5. any use of your Account by any other person, or any third parties, is strictly prohibited;
      6. you agree to immediately notify Dementia Australia of any unauthorised use of your password user name and/or email address or any breach of security of which you have become aware;
      7. you must not expressly or impliedly impersonate another Website user or use the Account or password of another User at any time;
      8. you agree not to harass, impersonate, stalk, threaten, or otherwise disrupt, another Website User (where interaction with other Users is made available to you);
      9. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you;
      10. you will not use the Website or any associated services in connection with any commercial endeavors except those that are specifically endorsed or approved by Dementia Australia;
      11. you will not use the Website or any associated services for any illegal and/or unauthorised use which includes collecting email addresses of Website Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
      12. you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Website User profiles without notice and may result in termination of your access to the Website, or certain parts of the Website.
      13. you agree that we may commence appropriate legal action for any illegal or unauthorised use of the Website; and
      14. you acknowledge and agree that any automated use of the Website or its associated services is strictly prohibited.
    2. In addition to clause 4.1, you must not:
      1. cause damage to or interfere with accessibility to the Website;
      2. store, transmit or distribute Malicious Computer Program(s) (including programs that contain viruses, Trojan horses, or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system data or personal information);
      3. conduct any systematic or automated data collection, access, or usage activities; or
      4. attempt to do any of those things.
  5. Posting Policy
    1. The Website may allow registered Users to make public posts to the Website, such as on a forum (Posts). Posts may be visible to other Users.
    2. You grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, world-wide licence (‘IP Licence’) to use any intellectual property in your Posts, including rights to:
      1. copy, reformat, edit or translate;
      2. publicly perform or present;
      3. distribute for any purpose including for commercial or advertising purpose; and
      4. incorporate in our Website or any other works.
    3. The IP Licence in relation to the material contained in a Post ends when you delete that Post, but you understand that even if you delete Posts, we may still keep back-ups for a reasonable period of time.
    4. You must not upload any Post that:
      1. is unlawful or promotes illegal behaviour;
      2. is harmful, threatening, abusive or harassing;
      3. incites violence or is graphical of violence;
      4. is pornographic or exploits people in sexual manner:
      5. is defamatory or libellous;
      6. promotes racism, bigotry, hatred, physical harm or any other discriminatory behaviour;
      7. is false, misleading or fraudulent;
      8. consists of Malicious Computer Program(s);
      9. impersonates any person or entity or falsely misrepresents your affiliation with a person or entity;
      10. violates or encourages violation of these Terms;
      11. infringes or violates another’s rights including copyrights or intellectual property rights;
      12. invades another’s privacy;
      13. includes photograph or image of another person or another person’s property without their consent;
      14. reveals anyone’s identification documents or sensitive financial information;
      15. is posted to disrupt the operation of the Website and its related Services; and
      16. advertises any company or their goods or services other than us.
    5. By uploading Posts, you warrant that:
      1. you have the right and authority to provide the Post in the manner it is posted;
      2. you own the Post and have the right to assign copyright ownership and other Intellectual Property to us; and
      3. the content of the Post is not prohibited content under clause 5.4.
    6. We have not reviewed and cannot review all Posts and we are not responsible for liability arising out of Posts made by you or any other User.
    7. We may, at our sole discretion, pre-screen, reject or remove any Post you, or any User, provides for any reason.
  6. Direct Messaging
    1. The Website may allow registered Users to send direct messages to other registered Users (Direct Messages).
    2. We may, but do not have an obligation to, monitor Direct Messages sent through the Website or the associated services.
    3. We have not reviewed, and cannot review, all Direct Messages sent by registered Users, and we are not responsible for any liability arising out of such Direct Messages.
    4. You must not send any Direct Messages that:
      1. would cause you to be in breach of these Terms; or
      2. if it was a Post rather than a Direct Message, it would be prohibited under clause 5.4.
  7. Groups
    1. If you, together with other Users, form or join a group of any kind (e.g. a Dementia Friendly Community), while we may facilitate the communication between members of that group, we are not responsible whatsoever in relation to the actions of the members of that group between themselves, or with third parties.
  8. Copyrights and Intellectual Property
    1. Unless otherwise expressed, we own, or are licensed to use, all intellectual property rights (including copyright and trademarks and trade names) in the Website, compilation thereof (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the associated services.
    2. We grant to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
      1. use the Website pursuant to these Terms;
      2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
      3. print pages from the Website for your own personal and non-commercial use.
    3. We do not grant you any other rights whatsoever in relation to the Website or the associated services. All other rights are expressly reserved by us.
    4. We retain all rights, title and interest in and to the Website and all associated services, including all intellectual property rights contained therein. Nothing you do on or in relation to the Website will transfer any:
      1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      2. a right to sue or exploit a business name, trading name, domain name, trade mark or industrial design, or
      3. a thing, system or process that is subject of a patent, registered design or copyright (or any adaption or modification of such a thing, system or process), to you.
    5. You may not, without our prior written permission and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the materials contained on our Website, or the associated services, for any purpose, unless otherwise provided by these Terms.
  9. No Warranties
    1. The Website is provided ‘as is’ and we do not provide any express or implied representation or warranty and disclaims all responsibility as to:
      1. the availability of the Website and its associated services at the time you wish to use it;
      2. merchantability, fitness for a particular purpose and non-infringement;
      3. accuracy or validity of information and content on the Website; and
      4. whether Content is free from Malicious Computer Program(s).
    2. Information provided on the Website is for general information and educational purposes only, and does not constitute advice of any kind, including medical advice. You should consult with an appropriate professional for medical or other professional advice as required.
  10. Third Party Material
    1. We provide no warranty or representations about material linked from third parties, including in relation to:
      1. The quality, accuracy, merchantability or fitness for purpose of such materials, or products or services available from such third parties; or
      2. As to whether they infringe any intellectual property rights.
    2. We are not responsible for:
      1. Any offers, statements or representations that are made on behalf of a third party; or
      2. Any malicious computer program from third party websites..
    3. We may receive payments from a third party website as a result of us providing a link to that third party website from the Website.
  11. Limitation of Liability
    1. In this clause, a Covered Party means us, our affiliates, and any officer, director, employee, sub-contractor, agent, body corporate or successor whatsoever.
    2. To the maximum extent permitted by law, a Covered Party is not liable for liability arising out of or related to:
      1. Website content provided to you for free-of-charge;
      2. inaccuracy, errors or omissions with content on the Website;
      3. unavailability or interruption of usage of the Website and its associated services;
      4. any delay or failure in performance beyond the reasonable control of a Covered Party;
      5. loss of data; and/or
      6. your use of the Website whatsoever.
    3. To the fullest extent permitted under the law, a Covered Party is not responsible for any indirect, special or consequential liability to a User (including legal fees) arising out of or from content or use of the Website.
    4. The exclusion of liability in clause 11.2 applies even if you expressly advise a Covered Party of the potential loss.
    5. To the extent we cannot exclude liability and to the fullest extent permitted under the law, a Covered Party’s aggregate liability for negligence, breach of contract or under any legislation is limited, at our discretion, to:
      1. in the case of goods, any one or more of the following:
        1. replacement of the goods or supply of equivalent goods;
        2. repair of the goods;
        3. payment of costs of replacing the goods or acquiring equivalent goods; or
        4. payment of costs of repairing goods; and
      2. in the case of services:
        1. supply of the services again; or
        2. payment of the cost of supplying the services again;
      3. in the case of any other damages: $100.00.
    6. Nothing in this agreement will exclude or limit our liability in respect of any:
      1. fraud or fraudulent misrepresentation on the part of us; or
      2. matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
  12. Termination of Terms
    1. These Terms terminate automatically if we cease to operate the Website.
    2. Subject to local applicable laws, and without limiting remedies available to us, we reserve the right to discontinue or cancel your use of the Website at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website and/or the associated services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts our name or reputation or violates the rights of those of another party.
  13. Indemnity
    1. You agree to indemnify us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Posts, Direct Messages, or any other of your acts or omissions in relation to the Website or associated services;
      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
      3. any breach of the Terms.
  14. Cookies Policy
    1. You agree that:
      1. we may store cookies on your device; and
      2. we may issue and request cookies from your device to collect both personal and non-personal information.
    2. You may disable cookies on your browser if you do not agree to this Cookies Policy, however, you may limit certain functions of the Website and associated services.
    3. You agree that we may use, including but not limited to, the following types of cookies:
      1. authentication cookies;
      2. session cookies;
      3. persistent cookies; and
      4. flash cookies.
    4. We use cookies for the reasons including but not limited to:
      1. improve the performance by reporting any errors that occur;
      2. provide statistics about how the Website is used;
      3. remember settings that you use for our Website;
      4. identify and show that you are logged into the Website;
      5. link to social networks like Facebook and Twitter;
      6. provide more suitable ads tailored to you.
  15. Dispute Resolution
    1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
    2. A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute ('Notice').
    3. On receipt of the Notice, the parties to the Terms ('Parties') must:
      1. within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
      2. if for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the head of an appropriate mediation body selected from the Australian Mediation Register or his or her nominee;
      3. the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
      4. the mediation will be held in The Australian Capital Territory, Australia.
  16. Governing Law
    1. The laws of The Australian Capital Territory, Australia govern the terms. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of The Australian Capital Territory, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
    2. The parties irrevocably submit to the exclusive jurisdiction of the courts in the Australian Capital Territory. No party, whether residing internationally or otherwise, may object to the jurisdiction of any of the courts of the Australian Capital Territory on the grounds that it is in an inconvenient forum or that it does not have jurisdiction.
  17. Assignment
    1. We may transfer, sub-licence or otherwise deal with our rights and obligations under these Terms without notifying you or obtaining your consent.
  18. Survival of Terms
    1. The sections of these Terms which are capable of having effect after your use ends continue to have full effect, including clauses in relation to protection of intellectual property, warranties, indemnities and limitation of liability.
  19. Severance
    1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.