These terms and conditions apply to all use and access of this Website. If you do not accept these terms and conditions, you must not use the Website.
Terminology
In these terms and conditions, the following terms have, unless the context requires otherwise, the following meanings:
- “Claim” means any claim, demand, action, suit or proceeding of any nature, howsoever arising and whether present or future, fixed or unascertained, actual or contingent and whether under statute, contract, tort or otherwise (including the cost of defending or settling any such claim); and
- “Loss” means any damage, loss (including direct or consequential loss, or loss of profits), liability, compensation, cost, charge expense or other obligation whether arising under contract, statute, tort or otherwise, and whether arising directly or indirectly.
For the purposes of this Terms of Use policy, references to MSWA Limited include both MSWA and MS Society SA & NT. Unless otherwise stated, any reference to MSWA Limited should be taken as a reference to MSWA and MS Society SA & NT collectively.
Amendments to terms and conditions
MSWA Limited reserves the right to amend these terms and conditions from time to time.
Limiting Liability
This Website may contain links to other Websites ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. MSWA Limited is not responsible for the content or privacy practices associated with linked Websites. MSWA Limited’s links with Linked Websites should not be construed as an endorsement, approval or recommendation by MSWA Limited or the owners or operators of those linked Websites, or of any information, graphics, materials, products or services referred to or contained on those linked Websites, unless and to the extent stipulated to the contrary.
The placement of advertisements on this Website does not constitute a recommendation or endorsement by MSWA Limited of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement. Where the content, material or information made available on this Website or any Linked Website contains opinions or judgments of third parties, MSWA Limited does not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice.
MSWA Limited will not be liable to you or any person claiming through or on behalf of you, and you release MSWA Limited in relation to any Claim that may be made or Loss incurred by you or any person claiming through or on behalf of you at any time arising out of, directly or indirectly, these terms and conditions, or otherwise arising out of the use of the Website or any Linked Website, including without limitation:
- any Loss arising from any action taken or reliance made by you on any information or material uploaded or posted by MSWA Limited;
- any Loss arising from the downloading or subsequent use of the downloaded material;
- any Loss arising from the corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Website, any transmissions by other Members in contravention of the Members' obligations as set out in these terms and conditions; and
- any Loss arising from your use of or reliance on information or advertisements contained on or accessed through this Website.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits MSWA Limited from excluding or modifying the application of, or MSWA Limited’s liability under, any such condition or warranty, that condition or warranty will be deemed included but MSWA Limited’s liability will be limited for a breach of that condition or warranty to one or more of the following:
- If the breach relates to goods,
- the replacement of the goods or the supply of equivalent goods,
- the repair of such goods,
- the payment of the cost of replacing the goods or of acquiring equivalent goods, or
- the payment of the cost of having the goods repaired; and
- If the breach relates to services,
- the supplying of the services again, or
- the payment of the cost of having the services supplied again.
- These terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Refund Policy
If an error is made in the amount of any donation to MSWA Limited, the donor must notify MSWA Limited of the error within 30 days of making the donation. The notification must be made in writing and sent either by:
- email to donate@mssant.org.au;
- fax to 08 9365 4876; or
- post to Service & Support, Locked Bag 1, Bentley DC WA 6983
The notice must state the details of the initial donation including the nature of the error, the date of the donation, the amount of the donation and the name of the donor.
MSWA Limited is under no obligation to refund a donation if an error has been made, but will reasonably attempt to ensure that genuine errors of the amount donated are rectified. If you have simply changed your mind, MSWA Limited will not refund the donation.
MSWA Limited reserves the right to deduct from any refund all bank or transaction charges as a result of MSWA Limited processing the refund.
MSWA Limited will not consider any requests for refunds that are received by MSWA Limited after the 30 days have passed since the donation.
If an error is made in the amount of any donation to MSWA Limited that is made by MSWA Limited or its financial institution(s), a full refund will be made by MSWA Limited upon notification of the error and all costs associated with the refund will be borne by MSWA Limited.
Copyright
Copyright in this Website (including text, graphics, logos, icons, sound recordings and software), except with respect to advertisements, is owned or licensed by MSWA Limited. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
- commercialise any information, products or services obtained from any part of this Website;
- without MSWA Limited’s written permission.
Trademarks
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trademark.
If you use any of MSWA Limited’s trademarks in reference to MSWA Limited’s activities, products or services, you must include a statement attributing that trademark to MSWA Limited. You must not use any of the MSWA Limited’s trademarks:
- in or as the whole or part of your own trademarks;
- in connection with activities, products or services which are not MSWA Limited’s;
- in a manner which may be confusing, misleading or deceptive; and
- in a manner that disparages MSWA Limited or MSWA Limited’s information, products or services (including this Website).
Governing Law
These terms and conditions are governed by the laws in force in Western Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
General
If MSWA Limited waives any rights available to MSWA Limited under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
