Terms of Use - Website Terms and Conditions
Chronic Hope Ltd (ABN 79 635 912 944)
By using the pages in this site, www.chronichope.org (Site), you agree to these terms and conditions. If you do not agree, you should not use this site. These terms and conditions may be changed or updated from time to time.
Operation of Site
The Site enables volunteers to share personal experiences and information relating to their chronic conditions and experiences such as their experience and story. This information and experiences will be posted electronically on the Site by Chronic Hope.
While we technically operate the Site, we exercise no editorial control over much of the Content on the Site, and in most cases the Content on the Site is provided by other persons, such as healthcare professionals and other third parties (Third Party Content).
The Site only seeks to share personal experiences and information based on individual circumstances, experiences and medical or health conditions. Where you require specialist advice or healthcare information, you may contact the relevant healthcare professional directly and it is the responsibility of you and the healthcare professional to determine the appropriate cause of action suiting your individual circumstances.
Your correspondence or dealings with any healthcare professional or any other third parties are solely between you and those healthcare professionals or third parties. We are making no recommendation in relation to the appropriateness of any health care professional or facility. We do not contract with you and are not responsible in any way for any legal or other requirements relating to any health care management. You agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of your dealings with a healthcare professional.
Your Use of the Site
You must not:
disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
violate any Applicable Law relating to your use of the Site; or
collect or store personal data about other users of the Site.
Intellectual Property Rights
You acknowledge that Content on the Site is subject to copyright and possibly other intellectual property rights (Intellectual Property Rights).
Unless you are expressly authorised by law you must not yourself, or participate in or permit any other person, to:
sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent;
use any Content on any other web site or in a networked computer environment for any purpose; or
otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content.
Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.
In relation to any Content Posted by you, but subject to our privacy policy discussed below, you grant us a perpetual, irrevocable, royalty-free licence to use that content for the purposes for which the Site exists.
Unless otherwise indicated, all information contained in this web site is copyright © Chronic Hope Ltd. All rights reserved. Apart from any use permitted under the Copyright Act 1968, you must not copy, frame, modify, transmit or distribute the material at this site without the consent of the copyright owner.
You may save a local copy or print a copy of material at this site for your own personal non-commercial use, provided the copyright notice on the material is not removed. However, you may not make any charge for such use and any commercial use is expressly prohibited. This means, for example, that you must not post material from this site to a local intranet site, or distribute the material for your own commercial purpose, without the copyright owner's permission.
Links
This site may be linked to other sites that are not maintained by Chronic Hope. Chronic Hope is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Chronic Hope of the sites. Chronic Hope makes no representations whatsoever about any other website which you may access through this one.
You are welcome to link to this site, provided that in doing so you do not use any trademarks featured without permission. Chronic Hope trademarks and/or logos are protected symbols under Australian laws. Use of these trademarks and/or logos by unauthorised persons, including their reproduction on other websites without appropriate authorisation constitutes a criminal offence under Australian Laws.
You must not link to this site from a site or in a manner which disparages the reputation of Chronic Hope, its related bodies corporate, suppliers or advertisers.
For permission to use text information or photographs from this web site in a manner other than that stated above, please contact Chronic Hope.
If you have any questions about this web site, or if you find any errors, please Contact us.
Privacy
In using the Site, you may give us personal information. Our privacy policy is available and can be viewed on this site.
Use of the Site is at Your Risk
You use the Site at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. You should seek your own independent advice with respect to any Content.
We do not accept responsibility for loss or damage arising from your use of any information on this website or any information you download from it. You access and use material at your own risk.
We endeavour to provide a convenient and functional Site, but we do not guarantee that the Content will be error free or that the Site or the server that operates it are free of viruses or other harmful components.
If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
Without limiting the above provisions, you use the Site at your risk and everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the extent permitted by law, we expressly disclaim and exclude any representation or warranty whether express or implied under or in relation to your use of the Site. Where such a condition cannot be excluded then, to the extent permitted by law, our liability is limited, at our option, to re-supply of the good or service to which the condition relates or the payment of the cost of such a re-supply.
Podcasts & Media on our Site
Please note the information contained on the Chronic Hope website including podcasts is intended and provided as general reference material or educational purposes as case studies based on individual circumstances and experiences of the healthcare professional and the interviewee. Information given is not specific medical advice pertaining to a patient. The views and opinions expressed in this podcast are those of the healthcare professionals, not Chronic Hope.
By accessing this Podcast, I acknowledge that Chronic Hope makes no warranty, guarantee, or representation as to the accuracy or sufficiency of the information featured in this Podcast. The information, opinions, and recommendations presented in this Podcast are for general information only and any reliance on the information provided in this Podcast is done at your own risk. This Podcast should not be considered professional advice. Unless specifically stated otherwise, Chronic Hope does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned in this Podcast, and information from this Podcast should not be referenced in any way to imply such approval or endorsement.
The third party materials or content of any third party site referenced in this Podcast do not necessarily reflect the opinions, standards or policies of Chronic Hope. Chronic Hope assumes no responsibility or liability for the accuracy or completeness of the content contained in third party materials or on third party sites referenced in this Podcast or the compliance with applicable laws of such materials and/or links referenced herein. Moreover, Chronic Hope makes no warranty that this Podcast, or the server that makes it available, is free of viruses, worms, or other elements or codes that manifest contaminating or destructive properties.
Chronic Hope expressly disclaims any and all liability or responsibility for any direct, indirect, incidental, special, consequential or other damages arising out of any individual’s use of, reference to, reliance on, or inability to use, this podcast or the information presented in this podcast.
None of the Chronic Hope Ltd, or any of its servants and agents will have any liability in any way arising from information or advice that is contained in the podcasts. The statements or opinions that are expressed in the podcasts reflect the views of the authors and do not represent the opinions or policies of Chronic Hope unless so stated.
If you require specific medical advice, please discuss your case with a specialist healthcare professional. All Chronic Hope podcasts remain the intellectual property of the healthcare professionals and/or Chronic Hope that recorded them and may not be reproduced.
Restrictions and limitations of liability
To the extent permitted by law we have no liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the Site or the Content.
To the extent permitted by law no party involved in creating, producing, or delivering the Site or any Content will be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
Chronic Hope does not warrant the accuracy, adequacy, reliability or completeness of the information and materials in this website and expressly disclaims liability for errors or omissions in such information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
Chronic Hope does not make any representation, warranty or endorsement of any of the products, services or information provided in this website. This disclaimer shall take effect to the fullest extent permitted by law.
Disclaimer
The website is not a substitute for independent professional advice and users should obtain any appropriate professional advice including from a registered healthcare professional suitable to their particular circumstances.
The material in this site could include technical inaccuracies or typographical errors. Chronic Hope may make changes or improvements at any time.
Information on the Chronic Hope website, or those of any of its related, affiliated, or subsidiary units, is provided with the understanding that Chronic Hope is not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs.
The information on this website is for personal, non-commercial use only. We provide it in good faith and without warranty (express or implied). We attempt to make the information accurate and current but cannot guarantee this.
Donations
General terms
Donations to Chronic Hope may be tax deductible. This will be identified in the relevant appeal details online or by calling Chronic Hope and will also appear on your tax receipt. Ongoing monthly donations are tax deductible and will be receipted at the end of the financial year.
Monthly donations
Your obligations - It is your responsibility to ensure that there are sufficient clear funds available in your account. You should check your account statement to verify that the amounts debited from your account are correct.
Changes and cancellations
We may vary details of your agreement or a direct debit request at any time by giving you at least 14 days written notice.
If you wish to cancel, defer or alter a debit payment you must notify us by calling +61 2 7911 3154 and contact@chronichope.org at least 14 days before the next donation day.
Please provide details of your donation agreement, such as name, address, and supporter number, etc, for ease of processing.
Disputes and refunds
All complaints, grievances and disputes will be treated seriously, quickly and in a timely manner, having due regard to procedural fairness and confidentiality. All parties are required to participate in the dispute resolution process in good faith. If you believe that there has been an error with your donation, you should notify us directly phone on +61 2 7911 3154 and confirm that notice in writing or by email at email as soon as possible so that we can resolve your query quickly. Any issues should be directed to Chronic Hope in the first instance so that we can attempt to resolve the matter. If you are not satisfied with the outcome you can still refer it to your financial institution which will obtain details of the disputed transaction and may lodge a claim on your behalf.
General Provisions
We will give you any necessary notices by posting them on the Site. You agree:
to check the Site for notices; and
that you will be considered to have received a notice when it is made available to you by posting on the Site.
You acknowledge that we may, in our sole discretion and with or without notice,
vary the Site or any part of the Site; and
modify or discontinue this Site, any part of the Site and the services available on it without notice.
The provisions of these terms and conditions entitled "Use of the Site is at Your Risk", "Limitation of Liability," and "General Provisions" will survive cancellation of your registration or termination of this agreement.
If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
This agreement will be governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Content or your breach of this agreement.
Definitions
Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
any law, rule or regulation enforceable in New South Wales, Australia;
any obligation under any licence applicable in New South Wales, Australia; and
any lawful and binding determination, decision or direction of a regulator operating in New South Wales, Australia.
Content includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, video, audio, interviews, podcasts, specific information, illustrations, text and other materials).
Posted includes uploaded, posted, emailed or otherwise electronically transmitted.
We or us means Chronic Hope Ltd.
Version 1 - Date of Publication 31 July 2020