Terms and Conditions
One Sector Community Limited ABN 32 623 427 323 (‘OSC’)
Use of the website of OSC website, www.onesectorcommunity.com.au (‘Website’), is governed by these terms and conditions.
1. THE WEBSITE
1.1 The Website may consist of information, interactive courseware, opinions, text, graphics, animations, links, audio, video, software, photos, music, sounds, and other material and data provided by OSC, third-parties or other users formatted, organised, and collected in a variety of forms including, without limitation, courses, bulletin board postings, databases, and electronic mail services.
1.2 The Website provides information of a general nature to members of the public, and advanced features for registered users such as commenting on material or engaging in online collaboration.
1.3 The Website has been established to provide information about various community issues, including mental health, to the Australian community. The Website is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should seek the advice of an appropriately qualified healthcare professional before making decisions about your own circumstances. You should not disregard professional medical advice, or delay seeking it, because of any information contained on this Website.
2. GENERAL DISCLAIMER
2.1 To the extent permitted by law, OSC will in no way be liable to you or anyone else for any loss or damage, however caused (and whether direct, indirect, consequential or economic) which may be directly or indirectly suffered in connection with use of the Website or websites of other entities which are hyperlinked from the Website.
2.2 This general disclaimer is not restricted or modified by clause 10 below.
3. USE OF THE WEBSITE
3.1 By accessing and using the features of the Website users agree to be bound by these Terms
and Conditions as amended by OSC from time to time.
3.2 Breach of these Terms and Conditions may result in registered users’ access to the advanced
features of the Website being cancelled at the sole discretion of OSC.
3.4 The service is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. OSC reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. OSC may, in its sole discretion, refuse to offer the service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service is revoked in those jurisdictions.
3.5 You must not up-load, post, transmit or otherwise make available through the Website any
(a) violates or infringes the rights of others (including their privacy rights);
(b) is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, profane or which
may harass or cause distress to, or incite hatred of, any person;
(c) encourages conduct that would constitute a criminal offence, give rise to civil liability or
otherwise violate any law;
(d) restricts or inhibits any other user from using or enjoying this site;
(e) breaches any standards, content requirements or codes of any relevant authority,
(f) is false, misleading, or inaccurate;
(g) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password, or other information of OSC or any third-party;
(h) is made in breach of any legal duty owed to a third-party, such as a contractual duty or a
duty of confidence; or
(i) impersonates any person or entity, including any employee or representative of OSC.
5. THIRD PARTY CONTENT AND LINKED WEBSITES
5.1 The Website may include third-party content and linked websites which is subject to that party's terms and conditions of use. Nothing on this Website should be construed as granting any licence or right for users to use that content. Users should consult the third-party's terms and conditions of use in relation to any third-party content.
5.2 The Website includes links to third-party websites which are not related to OSC and in relation to which OSC has no control or interest (save for as otherwise disclosed). Access to third-party sites is entirely at your own risk and OSC is not responsible or liable for the content or security of third-party sites.
5.3 The inclusion of a third-party website should not be construed as any endorsement, approval, recommendation or preference by OSC of the owners or operators of the third-party website, or for any information, product or service referred to on the third-party website.
5.4 OSC is not responsible for the accuracy of information contained on other websites accessed by links from the Website and makes no warranties that the information contained on the Website or any links from the Website are free of infection by computer viruses or other contamination.
5.5 OSC is not responsible for the privacy practices of any third-party social media or other service
providers that you can access through the Website.
6. COPYRIGHT AND INTELLECTUAL PROPERTY
6.1 Material appearing on this Website is subject to copyright vested in OSC or third-parties. All content on this Website is protected by Australian and international copyright and other intellectual property laws. Users may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
6.2 Users may download, display or print a copy of material from the Website only for personal, non-
commercial use, or use within their own organisations provided that:
(a) the Website of OSC is acknowledged as the source, including the reference
(b) the material is not amended or modified in any way (including any copyright notice); and
(c) this permission is revocable at any time by OSC.
6.3 All other use of the Website content is not permitted without the copyright or trademark owner’s permission. OSC asserts the right to be recognised as the author of the material and the right to have its material remain unaltered.
6.4 Apart from any use as permitted under the Copyright Act 1968 (Cth), all other rights are
6.5 Nothing displayed on the Website should be construed as granting any licence or right to use,
reproduce or adapt the OSC logo without the express written permission of OSC.
6.6 Requests and inquiries concerning reproduction and rights should be sent to
6.7 The Website may include third-party content which is subject to that third-party's terms and conditions of use. Trade marks, brand names, product names, and company names of or related to the products appearing on the Website are the property of their respective owners. OSC does not claim to own any of these trademarks nor claim that OSC is related to, endorsed by, or in any other way connected or associated with these companies. Nothing on the Website should be construed as granting any licence or right for users to use that content. Users should consult the third-party's terms and conditions of use in relation to any third-party content. External website images, if any, accessible on www.onesectorcommunity.com.au are used with the permission of the authors of those websites and must not be reproduced without obtaining the permission of the author of those materials.
6.8 The copyright in material appearing on websites which are linked from the Website vest in the author of that material, or the author’s licensee (subject to the operation of the Copyright Act 1968 (Cth)). OSC recommends that users refer to the copyright statements at those websites before making use of any material.
7. CONTRIBUTING CONTENT
7.1 If users submit content for the Website or social media in any format, including text, photographs, graphics, video or audio, they grant OSC an irrevocable, non-exclusive, royalty- free, perpetual licence to publish that content on the Website or social media. Users acknowledge that content submitted by them may be accessible by the public through the Website and through social media.
7.2 Users agree that OSC can use that content in any way, now and in the future. OSC also reserves
the right not to use or publish on the Website any submitted content.
7.3 Users warrant that they have all of the necessary rights, including copyright, in the content they contribute, that their content is not defamatory and that it does not infringe any law. Users also warrant that the content they contribute complies with any relevant professional obligations.
7.4 Users waive any moral rights in their contribution for the purposes of its submission to and
publication on the Website.
7.5 OSC does not provide any protection as against third-parties to the intellectual property in any material submitted. By submitting material, users warrant that they have all necessary permissions and licences for the use of that material and agree to indemnify OSC against any loss, liability, claim or demand (including legal fees) claimed by any third-party arising from a breach of that warranty or these terms and conditions.
8. COLLABORATION SPACES AND USER SUBMITTED CONTENT
8.1 Users acknowledge that the Website is created, managed, and administered by OSC and may provide opportunities for registered users to post comments and collaborate with other users. However, OSC is not responsible for, nor does it adopt as a statement of its own, content posted by other users, such as comments or other material.
8.2 Users recognise that OSC cannot and does not intend to screen communications in advance, nor does it exercise any control in advance whatsoever over the content of the information passing through the Website submitted by users.
8.3 Notwithstanding the above, OSC will monitor the content of the Website from time to time and will remove any content it deems to be inappropriate or unacceptable to protect itself and users.
9.1 These Terms and Conditions will be governed by and interpreted in accordance with the laws
of Queensland, Australia.
9.2 Users will not use the Website for any purpose or in any way which is unlawful.
9.3 In relation to any dispute arising out of the use of the Website the user and OSC agree to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.
9.4 The omission of OSC to exercise any right under these Terms and Conditions will not constitute
a waiver of such right unless formally waived in writing by OSC.
10. LIABILITY AND INDEMNITY
10.1 OSC does not warrant the accuracy, reliability or completeness of the content on the Website. The content is provided to users 'as is' and on an 'as available' basis and on the condition that users undertake all responsibility for assessing the accuracy of the content and rely on it at their own risk. All content on the Website may be changed without notice.
10.2 OSC will have no responsibility or liability in relation to any loss or damage that users incur, including damage to their software or hardware, arising from their use or access to the Website.
10.3 OSC does not warrant that functions contained in the Website content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or the server that makes it available, are free of viruses, malicious computer code or bugs.
10.4 To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise are excluded. Liability of OSC, for any breach of a term or condition implied by law is limited at OSC’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
10.5 Users indemnify OSC, its directors, members, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from their use of the Website, including as a result of them submitting content to the Website in any form.
10.6 You agree to release OSC and its staff, directors, officers, customers, representatives and agents (collectively ‘Released Parties’) from any and all liability and loss, harm, damages, costs or expense including, without limitation property damages, personal injury and/or death arising out of or in any way connected to the use of the site or any of the products or services sold by OSC and to further indemnify, defend and hold harmless the Released Parties from and against any and all third-party claims, demands, liabilities, costs or expenses including solicitor fees and costs, arising from, or related to any breach by you of any of these Terms and Conditions or any violation by you of applicable law.
10.7 In no event shall OSC, its subsidiaries, affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third-parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the site, whether based upon warranty, contract, tort, or otherwise, even if OSC has been advised or should have known of the possibility of such damages or losses. In no event shall the total liability of OSC, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates or third-parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to OSC in connection with the event giving rise to such liability.
11.1 The material on the Website is provided for general information in summary form. The content
does not constitute recommendations and should not be relied on as such.
11.2 While every care has been taken in the preparation of this material, OSC cannot accept responsibility for any errors, including those caused by negligence, in the material. OSC makes no statements, representations or warranties about the accuracy or completeness of the information and users should not rely on it. Users are advised to make their own independent inquiries regarding the accuracy of any information provided on the Website.
11.3 Neither OSC, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages, whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer as well as damages for loss of profits, business interruption or the loss of data or information.
11.4 OSC does not guarantee, and accepts no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness or completeness of any material contained on the Website.
11.5 The Website may include third-party content which is subject to that third-party's terms and conditions of use. Nothing on the Website should be construed as granting any licence or right for users to use that content. Users should consult the third-party's terms and conditions of use in relation to any third-party content.
11.6 OSC is not responsible for the accuracy of information contained on other websites by links from the Website and makes no warranties that the information contained on the Website or any links from this website are free of infection by computer viruses or other contamination. OSC disclaims all responsibility and all liability (including liability for negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way.
11.7 Links to third-party websites do not constitute endorsement or approval of those websites or the
owners of those websites.
11.8 OSC is a charity and our purpose is to promote mental health awareness and general
community support via various sponsorships and fundraising opportunities.
12. DONATIONS AND REFUNDS
12.1 How to pay
Once you have made your donation selection you will be guided through the payment process. The method of payment on our web site is by credit card or (in some instances) debit card via our payment merchant, Eway. If you authorize a recurring donation, your credit or debit card details may be stored by our payment merchant in accordance with payment card industry standards.
12.2 The cards we accept
We accept Visa, Mastercard and American Express cards via a secure payments system which is linked directly to our bank who will authorize all credit card payments. We can accept cards issued in Australia or overseas.
12.3 Direct Debit
Donations can be made by direct debit. For fundraisers, please use the following details:
Bank: Bank of Queensland
Name: One Sector Community Ltd
Account number: 22836644
12.4 Payment currency
All transactions are processed in Australian dollars.
We issue a printed receipt with a copy of the payment information received from our Bank for each order or donation.
12.6 Refunds and cancellations
A refund may be available if you make an error in your donation. Any refunds will be made by credit to the card used for the original purchase or donation. If you make an error please, email firstname.lastname@example.org as soon as possible. Donations cannot be cancelled if we have already notified a third party of its receipt.
13.1 OSC may terminate your access to the service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Website.
13.2 All provisions of the Terms and Conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. LICENSE TO USE IP
14.1 From time to time OSC may publish on its websites, other platforms or campaign merchandise (‘Platforms’) the names, trademarks, logos and other information (‘IP’) of individuals and organisations who sponsor or donate to any of OSC’s campaigns. OSC will not publish your IP on any of its Platforms unless it has your express consent to do so. In order to consent to OSC publishing your IP on its Platforms, you must tick the consent box located at the bottom of this page.
14.2 Once you consent to your IP being published on OSC Platforms you grant OSC an non- exclusive licence to use your IP across any of its platforms in association with OSC generally and/or in relation to the campaign you chose to sponsor or support. The licence granted by you to OSC will continue in full force and effect until you revoke your consent by contacting email@example.com.
14.3 Subject to clause 14.5 below, any liability of OSC for any loss or damage, however caused (including by the negligence of OSC), suffered by you in connection with the licence granted under these Terms and Conditions is limited to $100.
14.4 The limitation set out in clause 14.3 above is an aggregate limit for all claims, whenever made.
14.5 OSC is not liable for any Consequential Loss however caused (including by the negligence of OSC), suffered or incurred by you in connection with the licence granted under these Terms and Conditions
14.6 For clarity, and without limiting clauses 14.3, 14.4 and 14.5 above, the parties agree that those clauses are to apply in connection with a breach these Terms and Conditions, an anticipated breach of these Terms and Conditions and other conduct regardless of the seriousness or nature of that breach, anticipated breach or other conduct.