Terms & Conditions
These terms and conditions (Terms) govern your use of the following websites located at www.fightmnd.org.au, www.newcure.wpengine.com, www.nealedaniher.com, www.freezemnd.com, and www.forums.newcure.wpengine.com (Sites). Throughout these Terms, when we mention ‘we’, ‘our’ or ‘us’, we mean the Cure For MND Foundation, PO Box 1159 Robinson Vic 3019. FightMND is the legal trading name of the Cure for MND Foundation.
Please read these Terms carefully before using these Sites. By using these Sites, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, you should not use these Sites and you should close the Sites immediately.
We may revise these Terms from time to time. Revised Terms are effective immediately upon being posted onto this Site. Your continued use of these Sites will mark your acceptance of any such revised Terms.
Use of Content
Unless otherwise indicated by us, we own all intellectual property rights, including copyright, in all text, graphics, images, artwork, photographs, pictures, trade marks, logos, computer code and other materials posted on the Sites (Content), and the arrangement of this Content.
Occasionally, we may publish Content in which the copyright is not owned by us. When this is done, we make every effort to acknowledge the copyright owner.
The Content may only be used by you for personal, educational and non-commercial purposes. You agree not to:
(a) alter or remove any copyright, trade mark or other proprietary notice of ours or of any other company appearing on these Sites;
(b) copy, sell, reproduce, republish, transmit or distribute, the Content or upload, post or display the Content on any other website or medium for publication or distribution or for any commercial enterprise;
(c) modify or edit the Content in any way; or
(d) to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with these Sites.
Our approval of any fundraising activity does not constitute permission to reproduce or modify any of the Content on these Sites and all requests for such permission must be approved by us in writing.
The Content on these Sites is for general information purposes only. We make no warranties or representations about the accuracy, reliability, currency or continuous supply of any of the Content on these Sites. As a user of these Sites, you are required to make your own enquiries before entering into any transaction on the basis of, or in reliance upon, the Content.
In the event that you find any inaccurate information on these Sites, or have any complaint about what we have published, please email [email protected] We will investigate the matter on receipt of your email and will take such further action as we consider appropriate.
You must use these Sites for lawful purposes only. You must not transmit via these Sites any material which is illegal, threatening, abusive, defamatory, invasive of privacy rights, vulgar, obscene, profane or otherwise objectionable or inappropriate, or which violates or infringes in any way upon the rights of others.
Any order placed by you through these Sites for a product, raffle ticket, or auction item is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place your order. Further to this, winning bids on online auction items are considered final and subject to these same conditions.
We reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on these Sites, or an error in your order.
If you order products from these Sites we may require you to confirm your details and to provide further details to enable the processing of any orders that you make. You agree to provide us with current, complete and accurate details when asked to do so by this Site or one of our employees.
We will email you an order confirmation for the sole purpose of confirming the details of your offer. Please note that our order confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
Orders will not be accepted and products will not be despatched until payment in full has been received and we are satisfied with the integrity of the order and the validity of payment. We will send you a payment and delivery confirmation at that time.
Prices of products and delivery and other charges displayed on these Sites are current at the time of issue, but are subject to change without notice. You should check the price of a product at the time of placing an order for it.
Prices of products displayed on these Sites are GST inclusive unless otherwise indicated.
Risk and Title
As between you and us, we will we will retain title to the products you order until the latter of your making payment in full for those products and delivery of the products to you, but all risk in the products will pass to you upon their delivery to you.
Refund & Exchange Policy
We are unable to accept returns or exchange merchandise because of dislike, over-ordering, or a change of mind. Exchange of sizes for clothing items will only be considered if the item is returned in original condition. Additionally, you can ask for a refund or exchange if an item has a major problem. This is when the the item:
- has a problem that would have stopped someone from buying the item if they had known about it;
- is unsafe;
- is significantly different from the sample or description; or
- doesn’t do what we said it would, or what you asked for and can’t be easily fixed
Customers must meet the cost of returning the item and the cost of sending the replacement.
Please keep your proof of purchase
Delivery timeframes for merchandise will be as soon as possible given stock and posting constraints, or are as per that advertised on the website product page where stock delivery is anticipated within a specified timeframe. Refunds are not possible following completion of the order which constitutes acceptance of these terms.
If you receive faulty, damaged, or the wrong merchandise we will process an exchange for the same item(s). Please send an email to [email protected] with your name, order number, and a detailed description of the problem. We will evaluate your request as soon as possible, and respond with instructions for return if applicable. All merchandise must be returned in the condition in which it was received. Replacement products will be shipped only after the Cure For MND Foundation has received the original merchandise.
All enquiries concerning merchandise orders must be made within 14 days of order receipt.
Access to the Cure For MND Inc, Neale Daniher, and FreezeMND websites including the “Donations” web pages, is provided “as is” and “as available” and without warranty of any kind except those not able to be excluded by Australian law. The Cure For MND does not guarantee such access, particularly access by mobile phone, or that such access will be continuous, uninterrupted or secure. Mobile phone access to the website is subject to network limitations and availability as well as factors beyond the control of the Cure For MND Foundation.
Other Terms and Conditions
Additional terms and conditions may apply to specific portions or features of these Sites, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this clause.
You agree to abide by such other terms and conditions, including (where applicable) representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for, or applicable to, a specific portion of these Sites or for any service offered on or through these Sites, the latter terms will take precedence with respect to your use of that portion of these Sites or the specific service.
Your access to and use of these Sites is provided on an “as is” and “as available” basis.
To the full extent permitted by law, we disclaim all conditions, warranties or rights of any kind in relation to products, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We are not responsible for any loss or damage caused by these Sites (or a part of these Sites) being suspended, terminated or your access to and use of these Sites limited, or for late delivery or cancellation of an order of a product, except as set out expressly in these Terms.
While we exercise all due care, we cannot and do not guarantee or warrant that these Sites will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties. We recommend that you install up-to-date virus protection software on your computer prior to using these Sites.
We also make no warranty that:
(a) the Sites or products which you order through the Sites will meet your requirements;
(b) the Sites will be uninterrupted, timely, secure, or error-free; or
(c) the quality of any products, services, information, or other material purchased or obtained by you through the Sites will meet your expectations.
Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of, or other act contrary to, that implied condition, warranty or right, at our option, to either:
(a) the re-supply of the products or services; or
(b) an amount equivalent to having the products or services re-supplied.
Except as expressly stated in these Terms and in respect of any liability that cannot be excluded by law, we will not be liable for any loss or damages of any kind (including any direct, indirect, incidental and consequential loss or damages) arising in connection with your access to, or use of, or inability to use these Sites, the Content (including linked websites) or products which you order through these Sites. The foregoing applies whether such loss or damages arise under contract, in tort, in negligence, under statute or otherwise.
We rely on you observing these Terms at all times. You agree to indemnify and hold us and our officers, employees and agents harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your access to and use of these Sites. The indemnity is this clause extends to and covers your breach of these Terms.
Third Party Sites
We may link these Sites to other websites which are not under the control of, or maintained by, us. We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we are not responsible for the content of such websites. We do not endorse or recommend any products, materials or services displayed or offered on any websites which may be linked to these Sites.
Links from External Sites
We may grant you permission to create a hyperlink from any other website to these Sites, upon request. You must receive our permission in writing prior to posting such a hyperlink.
All hyperlinks to these Sites must point to either www.newcure.wpengine.com, nealedaniher.com, or freezemnd.com and not to any internal page, and any text-only link must be identified as ‘Cure For MND Foundation. Any deviation from these Terms must be approved by us in writing.
These Terms between you and us will be governed by the laws of Victoria, Australia. You agree that any dispute or legal proceeding in relation to this Site shall be brought exclusively in the courts of Victoria, Australia.
Although these Sites can be accessed throughout Australia and overseas, we do not represent that the content of these Sites complies with the laws (including the intellectual property laws) of countries outside Australia. If you access these Sites from outside Australia, you do this at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.
If any provision or part of a provision of these Terms is held by a court of competent jurisdiction to be contrary to law, all other provisions shall remain in full force and effect.
These Terms comprise the entire agreement between you and us in respect to your use of this Site.
Cure For MND Foundation
1.1. The Foundation is committed to abiding by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) it contains, in particular in relation to handling personal and/or sensitive information, credit information and health or medical information.
1.2. “Personal information” means information or an opinion about an identified individual whose identity is apparent or can be ascertained from the information or opinion – it does not matter whether the information or opinion is true or not.
1.3. “Sensitive information” is any information about a person’s individual preferences, race, religion, political opinions, affiliations, philosophy, memberships, health, genetic or criminal record i.e. details of a person’s life
1.4. All references to the Foundation in this policy also include its Directors, employees, contractors, volunteers and any other person who has access to the information collected.
2. CONSIDERATION OF PERSONAL INFORMATION PRIVACY
The aim of this policy is to ensure that the Foundation considers the privacy of information and to ensure that we manage information in an open and transparent way.
This policy recognises that an individual has to right to:
a. stop unwanted direct marketing
b. correct inaccurate information; and
c. complain about an organisation that has mishandled personal information.
2.1. Kinds of information the Foundation collects
a. The Foundation may collect both personal and sensitive information from individuals, organisations and other legal entities
b. The Foundation only collects sensitive information in circumstances where:
• the individual consents to the collection of the information; and
• the information relates to the activities of the organisation; or
• the information relates solely to individuals who have regular contact with the Foundation in connection with its activities.
2.2. The purposes for which the Foundation collects, holds, uses and discloses information
a. The Foundation holds and uses both personal and sensitive information collected, solely for the purpose of supporting and furthering its charitable objectives and fundraising in support of these charitable objectives; and
b. The Foundation does not disclose information it collects to any outside person, organisation or entity without the consent of the person providing the information.
2.3. How can an Individual access and correct their personal information held by the Foundation
a. An individual can access the information held by the Foundation about them including both personal and sensitive information by:
• requesting such access in writing; and
• supporting such a request with proof of identity.
b. An individual may request that any information held by the Foundation be corrected or altered by:
• requesting such access in writing; and
• supporting such a request with proof of identity
2.4. Making a complaint
a. An individual can complain about a breach of the APP’s related to the information held by the Foundation about them including both personal and sensitive information by following the Complaints Procedure outlined in paragraph 8.1 of this Policy:
b. The Foundation will consider every complaint received about a breach of the APP’s related to an individual’s personal information and will provide a response to that complaint in accordance with the Complaints Procedure.
2.5. Can the Foundation disclose personal information to overseas recipients?
The Foundation will not disclose information to any overseas recipient without the consent of the individual to whom the information relates.
3. ANONYMITY AND PSEUDONYMITY
3.1. Option of dealing with the Foundation anonymously or using a pseudonym
An individual has the option of dealing with the Foundation anonymously or through the use of a pseudonym in relation to any matter of involving information privacy through its website which allows online transactions communications and interactions unless:
a. The Foundation is required or authorised by or under an Australian law or a court/tribunal order to deal with individuals who have identified themselves; or
b. It is impractical for the Foundation to deal with individuals who have not identified themselves.
3.2. Freedom Of Speech
The Foundation allows and encourages freedom of speech though its website and social media sites except where the content is deemed to be offensive or inappropriate .
3.3. Collection of Solicited Information
a. Personal Information
The Foundation will only solicit and collect personal information:
• if the information is reasonably necessary for, or directly related to, one or more of the Foundation’s functions or activities; and
• directly from an individual unless it is unreasonable or impractical to do so
b. Sensitive Information
The Foundation will only solicit and collect sensitive information about an individual where:
• the individual consents; and
• the information is reasonably necessary for one or more of the Foundation’s functions or activities; or
• both of the following apply:
(i) the information relates to the activities of the organisation; and
(ii) the information relates solely to the members of the organisation, or to individuals who have regular contact with the organisation in connection with its activities.
4. NOTIFICATION OF THE COLLECTION OF PERSONAL INFORMATION NOT FROM THE INDIVIDUAL
4.1 Notifying the Individual
At or before the time the Foundation collects an individual’s personal information from a source other than the individual, the Foundation will take such steps as are reasonable in the circumstances to notify that individual:
a. whether the personal information has been obtained from someone other than the individual;
b. if the collection of the information is authorised or required by law;
c. the purposes for which the information is collected;
d. the main consequence(s) for the individual if the information if not collected;
5. DEALING WITH PERSONAL INFORMATION
5.1. Purpose of Collection
Where personal information is collected for a particular purpose, the Foundation will not use or disclose the information for another purpose (a secondary purpose) unless:
a. the individual has consented to this use or disclosure;
b. the individual would reasonably expect the Foundation to use or disclose the information for that secondary purpose and the secondary purpose is related to the original purpose the information was collected;
c. the use or disclosure is required or authorised by law or a court order; or
d. the Foundation reasonably believes that the use or disclosure of the information is reasonably necessary for a enforcement related activity
5.2. If the Foundation uses or discloses personal information as above, a centralised record must be kept of the use or disclosure on the computer server.
6. INTEGRITY OF PERSONAL INFORMATION
6.1. The Foundation will take all steps to ensure information collected is protected from:
a. misuse, interference and loss; and;
b. unauthorised access, modification or disclosure.
6.2. If the Foundation no longer needs the information for any purpose for which it was collected and is not obliged to retain the information by law then we must take such steps as are reasonable to destroy the information.
7. ACCESS TO PERSONAL INFORMATION
On request the Foundation must provide any individual with access to information held related to them, provided they provide the Foundation with proof of identity unless:
a. the Foundation reasonably believes that giving access would pose a serious threat to the life health or safety of any individual or public health or public safety;
b. giving access will unreasonably impact the privacy of others;
c. the request for access is frivolous or vexatious;
d. the information relates to past or present legal proceedings and would not be accessible through discovery in those proceedings;
e. giving access would prejudice any negotiations or be unlawful;
f. denying access is required or authorised by or under Australian law;
g. both unlawful activity or serious misconduct is being engaged in and the giving of access would prejudice the taking of action in relation to the matter;
h. giving access would be likely to prejudice enforcement related activities conducted by or on behalf of an enforcement body; OR
i. giving access would reveal evaluative information generated in connection with a commercially sensitive decision making process.
7.2. When giving access to or correcting personal information, the Foundation will not charge an individual for such access or correction.
7.3. Time to comply with request for access
The Foundation will comply with any request for access within a reasonable period after the request is made and give access to the information in the manner requested by the individual if it is reasonable to do so.
7.4. If not giving access
If the Foundation refuses to give an individual access to information on the basis of one of the matters listed at paragraph 7.1 above then the Foundation will provide written notice of this refusal to the individual setting out:
a. the reasons for the refusal; and
b. the mechanisms available to complain.
If the Foundation believes that information collected and held may be inaccurate, incomplete, out of date, irrelevant or misleading or is the individual requests the Foundation to correct the information, the Foundation will take all reasonable steps needed to correct the information.
8. COMPLAINTS PROCEDURE
8.1. Complaints Procedure
a. Complaints about the Foundation’s handling and/or use of personal or sensitive information can be directed in writing to the Foundation at PO Box 1159, Robinson Victoria 3019 or by telephone 1800 CUREMND;
b. All complaints will be acknowledged within 7 days of receipts and an investigation undertaken;
c. The outcome of any investigation will be notified to the complainant within 14 days and appropriate remedial action where applicable will be undertaken within 28 days or as reasonably practicable.
d. If the complainant is not satisfied it is available to them to contact the Privacy Commissioner regarding any issue.
9. SERIOUS DATA BREACH
As soon as practicable after the identification of any serious data breach, the Foundation will take such steps as are reasonable in the circumstances to notify any individual affected as to the nature and extent of the breach in respect of any Personal or Sensitive information.
Cure For MND Foundation
Robinson Vic 3019
Telephone: 1800 CUREMND
E-mail: [email protected]