These terms of use were last updated 23 November 2013.
1. Overview
(a) To the extent that any translated version of this agreement conflicts with this version written in Australian English (“English”), this English version shall prevail and control the Terms of Use of this site.
(b) Headings are intended as a guide only, and do not form part of this agreement.
2. Terms of Use
This Terms of Use (“Terms of Use”, “Terms of Service”, “Terms”, “TOS”, “TOU”, “Statement”, “Contract”, “Agreement”, “Policy”) governs the relationship with users, visitors, viewers, donors, members as well as those otherwise accessing the site. By using, accessing viewing, or otherwise visiting this site (including, but not limited to the incidental or unintended download of any content from this site, its servers, or servers or sites of its providers or partners) you agree to these Terms of Use, and the Privacy Policy, as updated from time to time in accordance with Section 10 below.
3. Interpretations & Definitions
(a) “We”, “us”, “our”, “ADA”, “Australians Detained Abroad”, “AustraliansDetainedAbroad”, “AustraliansDetainedAbroad.org”, “AustraliansDetainedAbroad.com”, “the site”, “this site”, “the website”, “this website”, “the organisation”, “this organisation” means Australians Detained Abroad Limited.
(b) “Use”, “using”, “access”, “accessing”, “visit”, “visiting”, “download”, “downloading”, “view” and “viewing” includes, but is not limited to, the intentional as well as unintentional viewing, use, access or download of any content, code, information or files from this site, its servers, or those of its providers and partners, as well as any information (whether constituting advice or otherwise) provided by us by either telephone, email, or howsoever otherwise.
(c) “Servers”, “services”, “related services”, or “other services” includes, but is not limited to services, information, advice, or other data available on this site or provided by us, in addition to such services, information, advice or other data provided by other websites, corporations, companies or organisations which we may, from time to time, share or store information, data, user information or other files or data with.
(d) “Providers” or “partners” includes parties, companies, organisations, persons, or other entities that we may, from time to time, share or provide your, or other people’s information or data with.
(e) “Terms of Use”, “Terms of Service”, “Terms”, “TOS”, “TOU”, “Statement”, “Contract”, “Agreement”, “Policy” includes, but is not limited to this Terms of Use contract, in conjunction with our Privacy Policy, and other like policies.
(f) “Privacy Policy” means our Privacy Policy, as available to view, from time to time (available at http://australiansdetainedabroad.org/privacy/).
(g) “Users”, “Visitors”, “Viewers”, “Members”, “Donors” has the same meaning as in Section 3 subsection (b).
(h) “Law”, “Laws” means the law of Victoria, Australia, and applies in accordance with Section 5 (below).
(i) “Email address”, “email addresses”, “associated email address”, or “associated email addresses” includes any email address @australiansdetainedabroad.org, or @australiansdetainedabroad.com.
(j) In the event that any portion of these Terms of Use are rendered void, invalid, or unenforceable by a Court, Tribunal, or otherwise, the remainder of these Terms shall remain enforceable, to the fullest extent of the law.
4. Privacy
Your privacy is very important to us. We have designed our Privacy Policy (available at http://australiansdetaindabroad.org/privacy/) to disclose to you information about how we collect and use your information. We encourage you to read this policy and make an informed decision about your use of this site.
5. Enforcement & Jurisdiction
(a) By using of this site you, and others viewing this site with you, agree that should any dispute arise regarding this policy, or the organisation, the dispute will be determined exclusively in accordance with the law of Victoria, Australia.
(b) By using this site you, and others viewing this site with you, agree that should any dispute arise regarding this policy, or the organisation, to submit to the exclusive jurisdiction of a court in Victoria, Australia.
(c) By using this site you, and others viewing this site with you, agree that should any dispute arise regarding this policy, or the organisation, that any claim will be brought exclusively within the jurisdiction of a court in Victoria, Australia.
6. Sharing Yours, and Others Information
(a) By sharing any information, or data, you specifically grant us permission to utilise this information or data, as we see fit, to assist with your enquiry, however necessary, including but not limited to seeking advice, legal or otherwise, on your behalf, or on behalf of others, in addition to sharing this content with our partners or providers, as well as maintaining your data on our computer systems and databases.
(b) By sharing your contact details, including but not limited to your email address, phone number, address, or otherwise, you agree and grant permission to us to use these details in order to contact you, or to assist with your enquiry, howsoever otherwise, in addition to granting permission to share this content with our partners and/or providers, for any purpose, including but not limited to contacting you or others in future.
7. Site Security
(a) We do what we can to keep this site and its servers secure, though we cannot guarantee it. By using this site you agree that:
(i) You will not post, or otherwise share unauthorised content (including, but not limited to, spam or information you are otherwise not authorised to share) to this site, associated email addresses;
(ii) You will not collect users’ content, data, or information without prior written permission of the organisation;
(iii) You will not collect users’ content, data, information, or otherwise access this site via automated means (including, but not limited to harvesting bots, robots, spiders, scrapers, or brute force methods) without prior written permission from the organisation;
(iv) You will not engage in any unlawful conduct against this site, its servers, services or those of its providers and partners;
(v) You will not engage in any unlawful conduct associated with this site, its intellectual property, or the organisation;
(vi) You will not solicit login information from other persons, or access an account belonging to, or held, by someone else;
(vii) You will not bully, harass, or intimidate any other user, volunteer, or other people in connection with this site or organisation;
(viii) You will not utilise this site to do anything unlawful, malicious, misleading or discriminatory;
(ix) You will not do anything that could, or may, disable, incapacitate, impair or overburden the proper working functions of the organisation, this site, its servers, or its appearance, including but not limited to Denial of Service Attacks;
(x) You will not facilitate, encourage, aid, abet or otherwise, in the violation of these Terms or any other policies of this site;
(b) You agree and understand that this organisation cannot guarantee that content stored on its computers, servers, or otherwise shared with or provided to its partners and providers will remain secure and confidential.
8. Our Rights
By using this site you agree that:
(a) You will not use our intellectual property, copyrights, or trademarks, (including but not limited to: ADA, AustraliansDetainedAbroad, our logo, or our content), or any similar marks or representations which are confusing, unless prior written permission has been granted by the authorisation;
(b) You will not post information publically to our site which contains identification documents, sensitive, confidential, or otherwise privileged information;
(c) You will not post to other websites, servers, or otherwise disseminate, data, documents, information obtained from this site, the organisation, or its employees or volunteers, without prior written permission from the organisation.
9. Internet, Mobile, Tablets, Telephone and Other Devices
We currently provide our internet, mobile, tablet and services via other devices for free. However, users should be aware that their carrier’s normal fees and rates, including but not limited to data or call rates, will still apply.
10. Amendments
(a) You agree that your use of our site is subject to the terms as available on the site at the time of use.
(b) You agree that our organisation may amend these Terms at any time, and further agree that it is your responsibility to check upon each use and visit to the site, or use of its related services (including, but not limited to those of our Partners and Providers).
(c) You agree that your continued use of this site, following any changes to the terms, constitutes acceptance by you of the amended terms.
11. Payments & Donations
(a) Payments made to us, as donations or otherwise, are subject to these Terms of Use, in addition to our Privacy Policy and other applicable policies.
(b) By making a donation or other payment, you agree to pay all amounts specified in the order along with any applicable taxes.
(c) You agree that you are responsible for maintaining the security of any donations or other payments made.
(d) You may cancel any ongoing donations or payments through the applicable payment provider. You understand that we do not manage these payments, and cannot help to assist you in the cancellation of such ongoing payments. You further agree to indemnity us for any loss or claim arising from our, or your own inability to cancel ongoing donations or payments (whether month to month or otherwise).
(e) You agree that it is your responsibility to ensure all applicable taxes are applied to your transactions. You agree to indemnity us for any loss or claim arising from the failure to do so.
12. Limitation of Liability
(a) By using this site, you agree that the services provided, while intended to assist, may not be applicable to yours, or others situations, and understand that specific legal advice should be sought.
(b) By using this site or related services you agree to indemnity us, to the fullest extent permitted by law, for any loss, damages, or other claims resulting, or howsoever otherwise flowing, from the use or reliance upon this site or other services.