Terms and Contitions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. 

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to Northcott’s use of cookies in accordance with the terms of Northcott’s Privacy Policy.

 

License to use website

Unless otherwise stated, Northcott and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website (except for content specifically and expressly made available for redistribution).

Where content is specifically made available for redistribution, it may only be redistributed as agreed.

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Northcott’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Northcott’s express written consent.

 

Restricted access

Access to certain areas of this website is restricted.  Northcott reserves the right to restrict access to areas of this website, or indeed this entire website, at Northcott’s discretion.

If Northcott provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.  

Northcott may disable your user ID and password in Northcotts sole discretion without notice or explanation.

 

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Northcott a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Northcott the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Northcott or a third party (in each case under any applicable law).  

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Northcott reserves the right to edit or remove any material submitted to this website, or stored on Northcott servers, or hosted or published upon this website.

Notwithstanding Northcott’s rights under these terms and conditions in relation to user content, Northcott does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

 

Privacy and personal information

When you use this website or receive services from Northcott, Northcott may collect, use and disclose your personal information in accordance with Northcott’s Privacy Policy.  Details regarding Northcott’s identity and contact details are set out in Northcott’s Privacy Policy.  

Northcott only collects personal information from you that is necessary for it to perform its functions which include providing services to clients, receiving and processing donations, administration of supporters and volunteers, distributing publications, conducting events, assisting with your queries and other general business and administration activities.  Generally, Northcott collects information directly from the relevant individual.  Sometimes, Nothcott may need to collect information about a client from a third party, such as a parent, carer, guardian or other responsible person or a third party such as a health service provider, government or similar agency or the client’s educational institution or workplace in the circumstances set out in the Privacy Policy. If you choose not to provide certain personal information to us, Northcott may not be able to provide you with the services you require or communicate with you.

Northcott may use and disclose your personal information for the purposes referred to above.  Such disclosure may include disclosure to third parties who provide services to Northcott or who assist Northcott to provide services to you including information technology service providers and health service providers.  

Northcott’s Privacy Policy contains information about how individuals may access their personal information held by Northcott, seek correction of such information, complain about a breach of the Privacy Act 1988 (Cth) and how Northcott will deal with such a complaint. 

By using this website or receiving services from Northcott, you acknowledge and agree to the terms of Northcott’s Privacy Policy and to Northcott collecting, using and disclosing your personal information on the terms of Northcott’s Privacy Policy.

 

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Northcott makes no representations or warranties in relation to this website or the information and materials provided on this website.  

Without prejudice to the generality of the foregoing paragraph, Northcott does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

 

Limitations of liability

Northcott will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Northcott has been expressly advised of the potential loss.

 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Northcott’s liability in respect of any:

  • death or personal injury caused by Northcott’s negligence;
  • fraud or fraudulent misrepresentation on the part of Northcott; or
  • matter which it would be illegal or unlawful for Northcott to exclude or limit, or to attempt or purport to exclude or limit, its liability. 

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  

If you do not think they are reasonable, you must not use this website.

 

Other parties

You accept that, as a limited liability entity, Northoctt has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Northcott’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Northcott’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well Northcott. 

 

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

You hereby indemnify Northcott and undertake to keep Northcott indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Northcott to a third party in settlement of a claim or dispute on the advice of Northcott legal advisers) incurred or suffered by Northcott arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

Without prejudice to Northcott’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Northcott may take such action as Northcott deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

Northcott may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

Northcott may transfer, sub-contract or otherwise deal with Northcott’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.  

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

 

Entire agreement

These terms and conditions, together with other relevant, constitute the entire agreement between you and Northcott in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with NSW Law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts.

 

Northcott Service Finder

Northcott may use data obtained through the Service Finder to assist in the development and improvement of services. This data may include search parameters, locations and age groups.

If you provide Northoctt with any personal information, this data will be stored in a secure environment and used and disclosed on the terms of Northcott’s Privacy Policy. If you have any concerns regarding this, please contact the Northcott Privacy Officer using the contact details  in our Privacy Policy.

Northcott may from time to time access specific data and information obtained through the Service Finder in order to provide service. Use of the Service Finder does not constitute a request for service from Northoctt. Use of the Service Finder does not commit Northoctt to providing a service.

Northcott will use its best endeavours to ensure the information contained within the Service Finder is correct and up to date, however we do not guarantee that this is always the case.

 

Fund raising

All donations are used to support Northcott programs and services, but are not restricted to those programs listed on the Regular Giving section of this website.

 

T & C Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.