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The Violet Initiative Terms of Use

The Violet Initiative (ACN 143 224 293) (we, us, our) offers various services and information through our website at www.violet.org.au (the Services) and other platforms. The use of these Services is subject to the following terms and conditions, our Privacy Policy and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere from time to time (together, Terms of Use).

By registering on our website or other platforms, or accessing or using any of the Services, you (Users) will be deemed to have accepted and agreed to be bound by the Terms of Use as updated from time to time. If you do not agree with any of Terms of Use, or any changes to them, please do not register on our website or other platforms or use any of the Services.

1 Use of Information obtained through the website or other platforms

The Services are designed to provide support services and information for people caring for someone that is dying or suffering from a terminal illness.

The information and material accessed through the Services, including (but not limited to) any advice or information provided on the website or by a Violet Guide or Violet administration staff through any means (Information) is provided for general informational purposes only and does not cater to the circumstances or needs of individual Users. No Information is intended to be used or relied on as clinical, medical or professional advice. Users access the Services, and rely on the Information, at their own risk.

2 Registration on Violet

To access or use some of the Services, you must provide us with complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information.

3 Access and use of services

You acknowledge and agree that we may:
• make changes to or discontinue the operation of the Services at any time and with or without notice to you;
• monitor your access to and use of the Services; and
• cancel your access to the Services for any reason, including if we believe you have breached the Terms of Use.

Your access to the Services depends on telecommunications and internet service providers and other external factors and we do not guarantee the availability of the Services at all times or at any specific times.

While we will take precautions to ensure the Services are secure, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, we cannot ensure the security of any information you transmit to, from or using the Services and you do so at your own risk.

4 Conduct on our website and other platforms

You must not submit, upload, post or transmit material to, on or through any of the Services that:
• is offensive, unlawful, defamatory, false or misleading, discriminatory, unsuitable for minors or of an abusive, obscene, offensive or menacing nature;
• contains nudity, swear words or excessive violence;
• is reasonably likely to offend others;
• contains advertising or is otherwise submitted, upload, posted or transmitted for commercial purposes;
• violates or infringes (or the use of which violates or infringes) the intellectual property or other rights of any person or entity;
• contains personal information of any person (such as name, address, email address, phone number), except with the relevant person’s permission; or
• contains financial, legal, medical or other professional advice.
You must not use the Services to:
• conduct any illegal activity;
• cause annoyance or inconvenience to any person including other Users or staff or volunteers of Violet; or
• harvest information about other Users, or staff or volunteers of Violet for the purpose of sending, or to facilitate the sending of, unsolicited commercial electronic messages.

5 Disclaimer of warranties and representations

Except as required by law, we give no express or implied warranties or guarantees, and make no representations, in relation to the Services. In particular, we do not warrant or represent:
• information accessed through the Services is accurate, complete or suitable for any purpose;
• the website is free from any computer viruses or defects; or
• your access to the Services will be continuous or uninterrupted.

6 Our liability

To the extent permitted by law, under no circumstances will we be liable to you or any other person for any claim, loss, liability, damages or expense whatsoever (including any consequential, indirect or incidental damages) incurred under or in connection with the Terms of Use or any access to or use of the Services, regardless of how they arise (whether by negligence or otherwise).

7 Links to third party websites

The website may contain links to other websites that are not operated or controlled by us. Those links are provided for convenience only and may not be current. Provision of a link should not be construed as an endorsement or approval of the third party website by us.

We are not responsible for the content of third party websites, which are not covered by the Terms of Use. You access those websites at your own risk

8 Indemnity

You indemnify us in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by us as a direct or indirect result of you acting inconsistently with or breaching any part of the Terms of Use.

9 Copyright

Copyright in the material in or available on the website is owned by us or our licensors.
Users may download information from the website and print out that information, but only for their own private, non-commercial use. Except as permitted by the Copyright Act 1968 (Cth), no part of the website (including any material posted on the website) may be reproduced, copied, published, framed, or transmitted in any form or by any means without our prior written consent. Requests for consent should be directed to us using the contact details below.

10 Jurisdiction

The Terms of Use will be governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales in the event of a dispute arising out of, or in connection with, any use of the Services.

11 Changes to these terms and conditions

We may amend these terms and conditions from time to time by posting the amended version on the website. Subsequent or continuing use of the Services will constitute acceptance of any changes.
If any part of the Terms of Use is or becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have an effect as close as possible to the effect of the void part.

12 Contact

If you have any questions regarding the Terms of Use or the Services, please contact us:
• Email:  info@violet.org.au
• Post:  Violet c/o WeWork, 5 Martin Place, Sydney NSW 2000
Updated May 2019