Terms and Conditions
1. Generally
By accessing the Hadassah Australia Website (the “Website”) you signify your agreement with the Terms and Conditions of Use. Hadassah Australia reserves the right to modify, alter or update these Terms and Conditions at any time and you agree to be bound by such modifications, alterations or updates. Hadassah Australia assumes no responsibility for consequences resulting from the use of the information herein, or in any respect for the content of such information, including, but not limited to, errors or omissions, the accuracy or reasonableness of factual or scientific assumptions, studies or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy or personal rights of others. Hadassah Australia is not responsible for and expressly disclaims all liability for damages of any kind arising out of your use of this Website or the use, reference to or reliance on information contained on this Website. Hadassah Australia reserves the right to revoke any or all access and use authorizations granted to site visitors in its sole discretion.
2. Links
Hadassah Australia does not endorse, approve, certify or control external Internet addresses listed on this Website or the companies or organizations to which this Website is linked, and does not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of information located on such other websites. Hadassah Australia reserves the right to terminate any link at any time. Hadassah Australia is not responsible for the content of any linked website or any link contained in a linked website. Unless specifically stated on this Website, Hadassah Australia does not endorse companies, organizations or products to which this Website is linked and reserves the right to note such on its Website pages. If you decide to access any third party websites linked to this Website, you do so entirely at your own risk. Use of any information on such other websites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness. Reference therein to any specific commercial product, process or service by trade name, trademark, service mark, and manufacturer or otherwise does not constitute or imply endorsement, recommendation or favoring by Hadassah Australia.
3. Disclaimer
You assume full and complete responsibility and risk for your use of this Website and the Internet. THIS WEBSITE AND ALL PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE ARE PROVIDED ON A STRICTLY “AS IS” AND “AS AVAILABLE” BASIS; HADASSAH AUSTRALIA DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY AND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, TIMELINESS OR COMPLETENESS OF THIS WEBSITE, ITS APPROPRIATENESS FOR A PARTICULAR PURPOSE, ITS CONTENT, THE CONTENT OF WEBSITES MENTIONED ON THIS WEBSITE, OR THE CONTENT OF ANY OTHER WEBSITES LINKED TO THIS WEBSITE. HADASSAH AUSTRALIA DOES NOT WARRANT OR REPRESENT THAT SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE IN THIS WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. You assume the entire cost of all necessary servicing, repair or correction arising out of your use of the materials on this Website.
4. Copyrights/Trademarks
This Website is owned by Hadassah Australia and no information, software or other material from this Website may be copied, modified, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way without the prior written permission of Hadassah Australia. All names, logos and marks appearing in this Website, except as otherwise noted, are trademarks owned or used by Hadassah Australia; these trademarks may only be used with the express written permission of Hadassah Australia. The content of all material available on this Website is copyrighted by Hadassah Australia. All rights are reserved and the use or misuse of the trademarks and other content on this site is strictly prohibited. None of the content or trademarks on this Website may be reproduced, downloaded, disseminated or published in any form without the prior written permission of Hadassah Australia. You shall not copy or adapt the HTML or other software code Hadassah Australia or its contractors create to generate the pages of this Website without the prior written consent of Hadassah Australia.
Procedure for Notification of Claimed Copyright Infringement. If you believe that your copyrighted work has been uploaded, posted or copied to this Website or is accessible on this Website in a way that constitutes copyright infringement, please notify Hadassah Australia by providing its designated copyright agent listed below with the following information: (1) The physical or electronic signature of either the copyright owner or of a person authorized to act on the copyright owner’s behalf; (2) A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing; (3) Identification of the URL address or other specific location on this Website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow Hadassah Australia to locate the material or the activity; (4) Your name, address, telephone number and, if you have one, your e-mail address; (5) A statement by you that you have a good faith belief that use on this Website of the copyrighted work in the manner of which you are complaining is not authorized by the copyright owner, any agent of the copyright owner or the law; and (6) A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner. Notices of claims of copyright infringement with regard to this Website should be directed in writing to Hadassah Australia’s designated agent for receipt of such notices at: c/o Hadassah Australia 306 Hawthorn Road, Caulfield 2162, Melbourne, VIC, Australia.
5. Limitation of Liability
Hadassah Australia shall not be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including lost profits) (i) that result in any way from your use of or inability to use this Website; (ii) your reliance on or use of information, services or merchandise provided on or through this Website; or (iii) any mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance or the content of this Website, any website linked to this Website or website mentioned on this Website. If you are dissatisfied with this Website or with any terms, conditions, rules, policies, guidelines or practices of this Website, your sole and exclusive remedy is to discontinue using this Website. Opinions, advice and all other information expressed by those transmitting messages and comments represent the views of the individuals who posted the messages and not those of Hadassah Australia. Anyone entering such public areas do so at their own risk. Hadassah Australia shall have no obligation to monitor, edit or censor postings. Hadassah Australia shall not, under any circumstances, be liable for any abusive, obscene, profane, sexually explicit, threatening, racist or illegal material posted in the comments. Notwithstanding the foregoing, Hadassah Australia reserves the right (but shall not have the obligation), in its sole discretion, to review and remove any material that it deems inappropriate.
6. Security
This Website has no control over the Internet and cannot prevent the interception of messages by unauthorized parties or guarantee that such unauthorized parties may not be able to obtain access to or decrypt encrypted messages. Accordingly, under no circumstances will Hadassah Australia be responsible for any loss or damage incurred by you as the result of the unauthorized interception or decryption of information transmitted electronically by you to Hadassah Australia or for any information transmitted using this Website.
7. Obligations of User
In connection with your access and use of this Website, you agree that you will not infringe any intellectual property or other right of any person or entity, including but not limited to copyrights and trademarks, or violate any statute, regulation, ordinance or law. Any communication or material you transmit to Hadassah Australia over the Internet is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any material to this Website you (i) certify that you own the material or have the proper rights to use the material and to allow Hadassah Australia and its affiliates to use the material as set forth in the following; and (ii) you grant Hadassah Australia and its affiliates a world-wide, royalty-free, perpetual, sub-licenseable (through multiple tiers) license to use your material for any purpose, including reproduction, transmission, publication, modification, adaptation, translation, creation of derivative works, distribution, communication to the public, performance, display, broadcast and posting (in whole or in part) and to incorporate it in other works in any form, media or technology now known or later developed without any compensation to you or to anyone else. You agree not to transmit any unlawful, threatening, libelous, defamatory, obscene, racist, sexually explicit, abusive, pornographic, profane or illegal material of any kind or any material that could constitute or encourage conduct that would be considered a criminal offense, result in civil liability or violate any law. You agree not to transmit any information or software which contains a virus, cancelbox, Trojan horse, worm or other harmful component. You agree not to aggregate, copy, duplicate, transmit or distribute in any way any portion of this Website. You agree not to supply any false, fraudulent or inaccurate information (including credit card or other payment mechanism data) in connection with making purchases from this Website or in any other use of this Website. You agree not to violate or attempt to violate the security of this Website, including without limitation, (a) accessing data not intended for your access or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user of this Website, host or network, including without limitation, via any activity of overloading, “flooding,” “spamming,” “mailbombing” or “crashing” this Website or its associated services; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. You agree not to (i) delete or revise any material posted on this Website; (ii) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity conducted on the Website; (iii) take any action which imposes an unreasonable or disproportionately large load on the Website’s infrastructure; (iv) if you have a password, allow access to a non-public area of this Website, disclose to or share your password with any third-party or use your password for any unauthorized purpose; (v) use or attempt to use, without Hadassah Australia’s permission, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available on this Website and other than generally commercially available third-party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer); (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Website; or (vii) frame or link to any of the content or information available from this Website without Hadassah Australia’s permission. If you send feedback, creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, “Submission”) to Hadassah Australia, the Submission shall be the property of Hadassah Australia. None of the Submission shall be subject to any obligation of confidence and Hadassah Australia shall not be liable for any use or disclosure of any Submission. Hadassah Australia shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission. You may not resell or assign your rights or obligations under these terms and conditions. You also may not make any unauthorized commercial use of this Website.
8. Indemnification
You agree to indemnify and hold Hadassah Australia officers, directors, employees, volunteers, members, agents, representatives, successors, assigns, licensees (hereinafter “The Hadassah Entities”) harmless from any and all claims arising out of or relating to your breach of any of your obligations under these Terms and Conditions. Without limiting the foregoing, you agree to indemnify The Hadassah Entities for claims based on any message you post on or material you transmit through this Website, including without limitation, claims for libel, slander, infringement of copyright, patents or trademarks, misappropriation of trade secrets or invasion of privacy.
9. Governing Law
Hadassah Australia, owner of this Website, has its principal office located in the City of Melbourne, in the State of Victoria. Accordingly, the contract reflected in these Terms and Conditions shall be deemed to have been made and performed in Victoria. It shall be governed by and construed in accordance with the domestic laws of Victoria without giving effect to any conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than Victoria. You hereby agree that any and all disputes arising out of or in connection with your use of this Website will be brought exclusively in the state or federal courts located in the City of Melbourne, and you consent to the personal jurisdiction of such courts for the purposes of resolving any such dispute. You hereby waive the right to trial by jury.
10. Export
You may not download or otherwise export or re-export any software made available by this Website, or any underlying information or technology (collectively, “Technology”), except in full compliance with all Australian and other applicable laws and regulations. By the downloading of any software made available by this Website, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of or a national or resident of any such country or any one on a prohibited list.
11. Disclaimer
The advice contained in this Website is not intended as a substitute for consulting with a professional advisor, such as your physician, attorney or accountant. The materials contained in this Website have been designed with the understanding that Hadassah Australia is not engaged in rendering professional advice. No reliance should be made on the information contained in this Website without first consulting a professional advisor.
12. General
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of this Website, a particular “Legal Notice,” or Software License or material on particular web pages, these Terms and Conditions constitute the entire agreement between you and Hadassah Australia with respect to the use of this Website. No changes to these Terms and Conditions shall be made except by a revised posting on this web page. The headings and sections identified in these Terms and Conditions are for convenience and are not intended to be used for the interpretation of any term or condition.