Website Terms of Use

1. Overview

1.1 The benevolent.org.au website has been created for the purpose of providing information about The Benevolent Society, our work and our publications. This website is owned by The Benevolent Society (The Benevolent Society, we, us, our).

1.2 These Terms of Use govern your use of this website. By accessing or using this website, you agree to be bound by these Terms of Use.

1.3 We may revise these Terms of Use from time to time and any revisions will apply from the date they are made. We will display a notice on this website indicating when any such revisions have been made. When you use this website after the revision is posted you will be deemed to accept these Terms of Use as amended.

2. Intellectual Property and Licence to use the content on this website

2.1 This website contains material which is subject to copyright, trademark and other intellectual property rights.

2.2 We grant you a limited, non-exclusive, non-transferable licence to access and use the information on this website solely for your personal, non-commercial purposes.

2.3 We (or our licensors) retain all right, title, and interest in and to this website and all associated intellectual property and except for the licence referred to in paragraph 2.2

2.4 You will not obtain any right to hold, use or reproduce any intellectual property in this website unless this is expressly stated.

2.5 Except as provided in these Terms of Use, permission to use or copy this website for any other purpose is expressly prohibited unless prior written consent is obtained from us in our absolute discretion. You may contact us on 1800 236 762 or send a request via our Contact Us form if you wish to seek such consent.

2.6 Subject to applicable law, we may revoke the permission referred to in paragraphs 2.2 and 2.4 at any time and may suspend or deny, in our sole discretion, your access to or use of this website.

3. Linking to this website

3.1 We encourage you to provide links to this website. While you may use the domain: benevolent.org.au in the text of any such link, you may not use any of our logos or trademarks without our prior written consent.

3.2 You must not frame this website, or represent or imply that any part of this website belongs to anyone other than us.

3.3 If we notify you that we object to the manner in which you provide links to this website, you must immediately cease providing such links.

4. Content and Format

4.1 While every effort has been made to show as accurately as possible the colours of the artwork and/or photography that appear on this website, due to differences in computer monitors we cannot guarantee that your computer monitor will display the colour of the artwork and/or photography accurately.

4.2 This website includes information and content developed by us (Our Information). You acknowledge and agree that:

(a) Our Information is intended only to provide a summary of the relevant subject matter and its brevity could lead to misinterpretation;

(b) While we use all reasonable endeavours to ensure that Our Information is up to date, this is not always possible; and

4.3 The information provided on this website is generic. You should not rely on Our Information as your exclusive or primary source of information regarding a particular subject matter. You should not use Our Information to replace advice given by a qualified professional. To the extent permitted by law, we do not warrant the accuracy or timeliness of Our Information and no responsibility can be accepted for those who act on Our Information without first consulting us and obtaining specific advice.

4.4 Some of the information on this website may be provided by third parties. We cannot guarantee that this information is always accurate, up-to-date or complete.

4.5 The content and format of this website may be changed by us at any time, without notice, in our absolute discretion.

5. Email Newsletter Subscription

5.1 This website provides the option for you to subscribe to our newsletters via email. To unsubscribe from our email newsletter, email us at [email protected].

5.2 If you receive unwarranted communication from us, you may contact us to request that further emails to you be discontinued. To unsubscribe from our email newsletter, please send us a note.

5.3 While our newsletter email subscription service is provided free of charge from us to you, we are not responsible for any phone or email charges incurred by you or any other person who has access to your phone or email address.

6. Your obligation

6.1 In using this website, you must not:

(a) violate any applicable laws, or use this website for any purpose that is unlawful;

(b) use the email functionality of this website to send unwanted emails or spam;

(c) distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;

(d) collect or store personal data about other users of this website; or

(e) engage in any other conduct that inhibits any other person from using or enjoying this website.

7. Security, viruses and linking

7.1 We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer. Unfortunately, we cannot guarantee the security of this website and we do not warrant that access to this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.

7.2 Should you leave this site via a third party link, you acknowledge that:

(a) you do so at your own risk;

(b) the content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by us; and

8. Confidentiality and privacy

8.1 We respect your privacy. Our Privacy Policy applies to any personal information collected by us from users of this website.

8.2 We may use data that is collected by this website for research and product development purposes, including for example:

(a) the number of users accessing certain information; and

(b) the number of users on the website at particular times.

Where possible, this data will be analysed on a de-identified and aggregated basis.

9. Social Media

We use a number of social media services to complement our delivery of services and to make users and other members of the public aware of our activities (Social Media Presences). The Social Media Presences include but are not limited to Twitter, Facebook, YouTube and LinkedIn. Social Media Presences may occasionally be unavailable and we accept no responsibility due to network downtime. In relation to Social Media Presences, you acknowledge and agree:

(a) you will not use any of our Social Media Presences or commonly used hashtags or handles (e.g. @benevolentAU) to promote services without our prior written approval;

(b) our Social Media Presences do not provide professional advice of any kind and use of any information from our Social Media Presences is solely at your own risk and without liability to us of any kind;

(c) we do not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users/members of our Social Media Presences. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent our views;

(d) comments and messages on our Social Media Presences may be ‘post-moderated’, this means that comments will be published automatically and may be reviewed by us after publication. While we review public comments on a regular basis, there may be times when inappropriate or offensive posts or comments that do not meet the terms of use appear before they can be removed. We do not accept any liability for such posts; and

(e) links to external websites and other third-party social media presences from our Social Media Presences are provided as a convenience to users only and such sites and associated content are not under our control. The inclusion of any link (or retweet) on our Social Media Presences does not imply our endorsement of that website, content, social media presence, service or person. We are not responsible for the content or reliability of links, or for any loss or inconvenience arising from their use.

10. Our liability

10.1 To the maximum extent permitted by law, we exclude completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to your access and use of this website. Where any law implies a warranty into these terms of use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of any service again, or the payment of the cost of having the service supplied again.

10.2 You agree that you indemnify us in relation to any cost, loss, liability, or damage that we may incur or suffer because:

(a) the information you provide on this website or to the Social Media Presences is incorrect;

(b) you breach these terms in any way; or

11. Miscellaneous

11.1 Neither party will be liable for any delay in performing any of its obligations under these terms of use if such delay is caused by circumstances beyond the reasonable control of that party.

11.2 These terms of use record the entire agreement between you and us and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of these terms of use. If any part of these terms of use is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.

11.3 Any failure or delay by us to exercise or enforce these terms of use does not waive our rights to enforce these terms of use.

11.4 These terms of use shall be governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of New South Wales, Australia.

11.5 If you have any questions or feedback about these terms of use, please call 1800 236 762, or get in contact via our Contact Us form.