1. Licence to use the website
You are solely responsible for ensuring the confidentiality of your membership credentials and the security of the environment from which you access any membership account. You agree to accept full responsibility for all use made of the website and membership account by any person using your membership credentials. You should contact us immediately if you suspect or know of any unauthorized use your membership details or any account you are provided with. You agree to comply with all reasonable security procedures which we may require you to undertake.
You may terminate your membership at any time by emailing us at email@example.com. Your membership may not be transferred or assigned to anyone else. We reserve the right to terminate your membership account, restrict your access and/or refuse service to you for any reason and at our absolute discretion, without any prior notice to you. Any rights, obligations and liabilities which have accrued at the point of termination will continue beyond and survive termination.
3. Website functionality
4. Prohibitions of your use of the website
If we provide links to or from external websites on our website (“linked sites”), you access the linked sites at your own risk. Such links do not indicate any relationship between us and the owner or operator of the linked site nor do we grant any licence or right for you to use or access the linked site. We do not endorse, nor are not responsible for, the content, operation or security of any linked site, nor the products and/or services the linked site advertises. Your use of any linked site is subject to the linked site’s terms and conditions.
Please contact us to request permission if you would like to link, frame or mirror any part of our website. You must not proceed without our express written permission. Since we cannot control external websites linking our website, any links to our website should not be considered as our endorsement of the external website or business.
6. Intellectual Property
This website and the products and services available or sold on this website contain material which is protected by Australian and international intellectual property laws, confidentiality and other legal rights and obligations. You may not do anything that interferes with or breaches those laws or the intellectual property rights in the material on our website and this applies to content we provide and content provided by others. You may not:
(i) re-use any of our content in providing your own publications, website, or other type of distribution service or for the purpose of commercial re-supply; or
(ii) reproduce our content without our express written permission or the permission of the copyright owner.
Our trademarks and the trademarks of third parties may be displayed on the website from time to time. Nothing displayed on this website should be construed as granting any licence or right of use of any logo or trademark without the express written permission of the relevant owner.
7. Warnings and Disclaimers
The provisions in this clause are subject to all applicable laws which prohibit or restrict the exclusion or modification of implied warranties and/or limitations on our liability.
To the maximum extent permitted by law:
(1) You assume all risk: The website, including all functionality and content, is provided “as is” and may: (i) contain inaccuracies, errors and/or be out of date; (ii) be unreliable and unsuitable for your requirements and purposes; and/or (iii) not provide the results you desire. Your use of the website and related services is on the basis that you assume responsibility for all associated risks, whether or not those risks are foreseen.
(3) Limitation of liability: We limit our liability to you (or anyone else) to the lesser of the amount we have charged you (or, where no amount has been charged, $10) or the cost of us remedying any defect. This means that our total liability (including the total liability of our officers, directors, employees, agents, representatives and third-party suppliers) to you or any other third-party, in aggregate, regardless of the nature of the claim (whether contract, tort, intellectual property-based or otherwise) and whether arising by way of losses, damages or otherwise is limited to the lesser of:
(i) the fees we have charged you (or if we have not charge you any fees, $10); or
(ii) the cost of us remedying any defect;
and all liability in respect of any special, indirect or consequential loss or damage is excluded (except for any consequential loss which cannot be excluded by law, such as that arising under the ACL).
You also agree to waive any claim which you may otherwise have against any of our third-party named partners or collaborators listed or referred to on our website. To the extent that any provision purporting to limit our liability is held to be unenforceable, our liability will be limited to the maximum extent permitted by law.
(4) Where limitation cannot legally be limited, and where our products or services fail to meet the guarantees mandated by the ACL you may be entitled to:
(i) for any major failure and at your option, a refund and compensation for your losses or damages which were reasonably foreseeable; or
(iii) for a non-major failure and at our option, to have the goods (if relevant) repaired or replaced and/or to have the services (if relevant) re-supplied by us and/or to be reimbursed the cost of their re-supply and/or to provide you with a refund.
The security of any payments made in respect of the website (such as for membership) is dependent upon the security of our third-party payment systems provider(s). We in no way guarantee or make any recommendations as to the security or reliability of their systems. Any use of their payment systems is entirely at your own risk and you agree that we are in no way responsible for any inadequacy in the security measures or failures in the security of the payment systems. Should you prefer, you may contact us directly on firstname.lastname@example.org to discuss any alternative payment method.
8. Your liability to us
You agree that all notices and communications are effectively given to you if they are sent to your last advised email address. Please ensure you keep us up to date with your current working email address and ensure that our emails do not get routed to your “junk” email folder or otherwise filtered such that they are not delivered.
In addition to the definitions already set out: “content” means any information, opinions, commentary, graphics and any other materials viewable on the website or otherwise transmitted using the website; “including” and “may include” mean “including but not limited to” and “may include (without limitation)” respectively; “member” means any person or business who we have accepted as a member of the website; “membership credentials” means any username, password or any other information which is used to access a membership account; “the website” means www.reframingautism.com.au and all content residing in that domain, including the website functionality, the layout, design and underlying code and systems, and including the many ways you can access the website including without limitation desktops, tablets, mobile phones and RSS feeds; “we”, “us” and “our” refers to Reframing Autism; “website functionality” means the nature, composition, features, availability, functions and all other aspects of the operation of the website; and “you” and “your” refer to (i) you as a website user personally and (ii) if you are accessing the website within the scope of your employment and/or on behalf of an organization or company, that employer and/or company (as appropriate).
(Updated as at October 2019)