Terms of Use
Disclaimer and Legal Notices - PLEASE READ
Access to and use of this site is provided by Silver Lining Foundation (also referred to as "us", "we" or "our"). Your access and use of this site is provided on the following conditions and according to any other directions or rules of use on this site ("Terms"). If you access this site (other than to read these Terms for the first time), you agree to these Terms. If you do not agree to these terms, you should not review information on this site. We reserve the right to change the Terms at any time by posting changes on-line. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the site after changes are posted, you agree to all changes (including those of which you have not made yourself aware).
1. DISCLAIMERS, LIABILITY LIMITATION AND INDEMNITY
General disclaimers
Use of this site is at your risk. None of us, our affiliates or any of
their respective employees, agents, third party content providers or
licensors:
makes any express or implied representation or warranty about, or
shall be liable, in contract, tort (including negligence) or otherwise,
for any direct, indirect, special or consequential loss, damages or
reliance in connection with,
this site, its use, its content or any policies referred to on this site.
This includes (but is not restricted to) loss or damage you might suffer as
a result of any of the following:
your reliance on the completeness, accuracy, suitability or currency of
the site or its content (including third party material and advertisements
on this site), irrespective of any verifying measures taken by us. This
site is designed for general interest only. It is not advice and you should
not rely on it.
failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records.
defamatory, threatening, offensive or unlawful conduct of third parties or
our publication of any materials relating to or constituting such conduct.
a breach by us of our Privacy Policy (other than a wilful breach).
Continued site availability and access
We do not warrant that we will continue to make this site available
generally or at all and reserve the right at any time to impose or increase
fees for your future access to any material appearing on this site. We
reserve the right at any time to alter the site in such a way as to change
the equipment needed by you to access or use the site or any part of it.
Viruses
All responsibility or liability for any damage caused by viruses contained
within an electronic file located on or distributed via this site is
disclaimed.
Limitation of our liability (if any) to you
Our total liability to you (if any) for loss, damage or reliance shall be
limited, at our election, to the re-supply of the information or services
supplied or offered by us or payment of the cost of doing this.
Indemnity
You indemnify us, our affiliates and our respective employees, agents,
third party content providers and licensors from and against all actions,
suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred or suffered by
you or by us as a direct or indirect consequence of:
your accessing, using or transacting on this site or your attempts to do
so (except for our costs of making this site available to you that you have
not agreed to meet);
any breach by you or your agents of the Terms.
Rights we cannot exclude, limit or disclaim
This disclaimer, liability limitation and indemnity does not exclude any
rights which by law may not be excluded.
2. COPYRIGHT AND INTELLECTUAL PROPERTY NOTICES
International copyright protection
The material on this web site is protected by copyright under the laws of
Australia and, through international treaties, other countries.
Rights
Unless otherwise indicated, all rights (including copyright) in the
content and compilation of these web pages and on-line images (including
text, graphics, logos, button icons, video images, audio clips and
software) are owned or controlled for these purposes, and are reserved, by
us.
Content provided by the members listed on this site remains the sole exclusive property of the member in question, or their registered Australian company.
Personal, non-commercial use
You are authorised to:
download and view content; and
use the software included in this site in doing this,
for your own personal, non-commercial use, provided that you keep intact
all copyright and other proprietary notices. If you are an internet service
or access provider, you are authorised to grant access to this site,
intact, to your subscribers.
You must not, without our prior written permission, exploit any of our
site materials for commercial purposes.
Prohibited conduct
Aside from the authorised uses outlined above, you are not authorised,
without our prior written permission and the permission of any other
relevant rights owner, to copy, mirror, broadcast, reproduce, frame,
republish, download, store (in any medium), up-load to a third party,
transmit, post, broadcast, distribute, show or play in public, adapt or
change in any way the content of, or create a derivative work from, these
web pages for any other purpose. This prohibition does not extend to
materials on this site which are expressed to be freely available for
re-use or replication, subject to any conditions we specify.
We can use your feedback
When you send us any feedback, suggestions, thoughts or opinions about
this site, our business or the Facility, you agree that we can use and
adapt any ideas, concepts, techniques, words or images contained in the
feedback or suggestions for any purpose and without restriction or
compensation.
3. TRADE MARK NOTICES
Prohibition
No trade mark of ours (whether registered or otherwise) may be used
without our prior, specific, written permission.
Notice of marks
The logos and associated words and devices on this site are our trade
marks. Each of our trade marks is protected in Australia and may be the
subject of rights in other countries.
4. USER CONDUCT AND INDEMNITY
Lawful use only
You must use this site only for lawful purposes.
5. PRIVACY
Web site privacy policy
You acknowledge that you have read, understood and agree with our Web Site
Privacy Policy which is available on this site.
6. GENERAL PROVISIONS
Australian law applies
This site (excluding any linked, third party sites) is controlled by us
from Australia. Subject to any over-riding conflict of laws principle, any
disputes about this site, its contents or your dealings with us must be
determined by the laws in force in Queensland, Australia. You irrevocably
and unconditionally submit to the non-exclusive jurisdiction of courts
exercising jurisdiction there.
Unenforceable Terms
Any provision of these Terms that is prohibited or unenforceable in any
jurisdiction will be ineffective in that jurisdiction to the extent of the
prohibition or unenforceability. That will not invalidate the remaining
Terms nor affect the validity or enforceability of that provision in any
other jurisdiction.
Site or content may be unlawful outside Australia
We do not warrant that the content of this site complies with the laws of
any country outside of Australia. If you access this site from outside of
Australia, you do so at your own risk and you accept responsibility for
ensuring or confirming compliance with all laws that apply to you as a
result of that access or any consequent transactions or dealings with us.
Your responsibilities under laws affecting you
You are responsible for ensuring that your use of this site is lawful,
does not infringe any third party's rights and does not breach any
standards, content requirements or codes promulgated by any relevant
authority (including relevant Internet industry codes of practice).
You are of legal age
You warrant that you are of legal age and capacity. Children must not use
this site without the express permission of their parents, guardians or
other responsible adults.
No offers where illegality arises
Nothing on this site constitutes an offer to provide products or services
in any jurisdiction if to do so would contravene the laws of that
jurisdiction.
English language
These Terms have been prepared in the English language and must be
construed accordingly.
Entire Agreement
These Terms constitute the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the site, and the subject
matter of these Terms. To the extent that anything in or associated with
the site is in conflict or inconsistent with these Terms, these Terms shall
take precedence.
Please also refer to our Privacy Policy