Terms & Conditions

General

This website (“Website”) is operated by The Scout Association of Australia Victorian Branch ABN 39 662 387 026 (“Scouts Victoria”). Access to, and use of, this Website is subject to the following terms and conditions (“Terms and Conditions”) which you agree apply for the benefit of, and are enforceable by Scouts Victoria. Please read these Terms and Conditions carefully. By accessing or using the pages in this Website, you accept all of the Terms and Conditions and the terms and conditions of Scouts Victoria’s and acknowledge that you have read and understood each of them. Scouts Victoria collects personal information about you in order to process your membership application and for purposes otherwise set out in Scouts Victoria's Privacy Policy. If you do not agree with the Terms and Conditions and the Privacy Policy, you must cease using the Website immediately. By using this Website, you consent to the processing of information and data supplied by you via the Website and warrant that all data provided by you is accurate. These Terms and Conditions and Scout Victoria’s Privacy Policy may be varied or updated from time to time and any subsequent access to, or use of, the Website by you will be subject to the Terms and Conditions and Privacy Policy as varied or updated and as applicable at that time.

Prohibitions and Compliance

When using this Website you must comply with all applicable laws including those relating to intellectual property, privacy and the criminal law. You must not misuse this Website. You must not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post or enter any material which is malicious, technologically harmful, in breach of confidence, in any way offensive, false, defamatory, obscene or derogatory or otherwise contrary to Scouts Victoria's policies; hack into any aspect of the Website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person including a person’s proprietary rights (including intellectual property rights), privacy rights or personal rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance of the Website or functionality of any computer facilities associated with, or accessed through, the Website. In the event that you fail to comply with these Terms and Conditions, without limiting any other rights Scouts Victoria may have against you, Scouts Victoria reserves the right to immediately suspend, restrict or cancel your access to all or any parts of the Website or to remove any material posted or published by you on the Website, at its sole discretion, without notice or reference to you.

Intellectual property and use of content

The Website and all materials on the Website, including images, illustrations, posts, audio clips and video clips (“Materials”) are the intellectual property of the Scouts Victoria (“the IP Owner”) and is subject to copyright law, trademark law, international conventions and other intellectual property laws. You may save a local copy or print a copy of Material for your own personal non-commercial use, provided that any copyright notice on the Material is not removed but you must not, and you agree that you will not, otherwise, in any form or means: publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content or Materials supplied to you through, or which appear on, this Website nor use any such content or any of the Materials in connection with any business or commercial enterprise without Scouts Victoria’s prior written permission.  The content contained in this Website relates only to the provision of goods or services within the State of Victoria and is only intended for use by persons located within Australia.

Accuracy and intent of content

Scouts Victoria provides no representation or warranty as to the accuracy or completeness of the information provided on this Website and any person intending to enter into any arrangement, including for the provision of goods or services, should seek confirmation of such accuracy and further information and detail directly from Scouts Victoria before proceeding to do so.  Scouts Victoria does not represent or warrant that the information contained in this Website is up to date and notes that changes in law and circumstances may render the information out of date from time to time.  Nothing contained in this Website constitutes an offer to provide goods or services to any person nor does this Website contain all of the terms and conditions that might apply to any such provision of goods or services.  No material or information contained on this Website is intended to constitute legal or financial advice and you should ensure that you seek independent legal and financial advice before determining to proceed with any arrangement or agreement with Scouts Victoria.  From time to time, Scouts Victoria may restrict access to some parts or all of this Website without notice.

Disclaimer of liability

Unless expressly stated to the contrary, to the maximum extent permitted by law, including the Australian Consumer Law, Scouts Victoria expressly excludes all conditions, warranties and other terms which might otherwise be implied in these Terms and Conditions, or applied in respect of this Website, by statute, common law or the law of equity including warranties of non-infringement of third party rights and freedom from computer viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.  Scouts Victoria is not liable for, and you expressly release and discharge Scouts Victoria from liability for, any damages whatsoever, including any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, arising out of or related to the use, inability to use, performance or failures of this Website and any materials or information contained thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. All information on this Website is provided by Scouts Victoria on the basis that you undertake the responsibility for independently assessing the accuracy of its content and that you rely on it at your own risk entirely.

Links to and from this website

You must not provide a link to this Website, or any part of this Website, on any other website without the written permission of the Scouts Victoria. Scouts Victoria reserves the right to withdraw any linking permission without notice. Scouts Victoria is not responsible for, and makes no representations about, websites accessed through this Website which are not maintained, controlled or created by Scouts Victoria (“Third Party Sites”). While Scouts Victoria may provide links on its Website to Third Party Sites, the inclusion of such links is for your convenience and should not be interpreted as endorsement of the owner/sponsor of the Third Party Site to which the link relates or its content. Scouts Victoria takes no responsibility for the content of any Third Party Site nor does it give any warranty as to the accuracy, completeness or relevance of that content.

Financial Transactions

This Website may include facilities for purchasing goods or services, paying amounts (including donations) or undertaking other financial transactions (“Financial Facilities”).  Scouts Victoria is not required to maintain any Financial Facilities and may cease providing any Financial Facilities at any time.  Financial Facilities may be provided or facilitated by third parties (including financial institutions) (“Facility Provider”) who may have access to information you provide in the course of utilising Financial Facilities and you consent to this.  Scouts Victoria is not responsible for the acts or omissions of Facility Providers including any failure to properly operate, administer, secure or provide any part of a Financial Facility. You agree that Scouts Victoria will not be responsible for any loss or damage you suffer as a result of utilising Financial Facilities, including the results of any third party’s unauthorised access to a Financial Facility, save where the loss or damage results directly from the fraud of an employee of Scouts Victoria.

Scouts Victoria does not guarantee that the use of Financial Facilities will result in the successful completion of any transaction and Scouts Victoria will not be deemed to have received any request, order or payment from you via a Financial Facility unless and until Scouts Victoria has provided you with a confirmation of receipt including specific details of the request, order or payment.  A receipt generated by a third party (including any Facility Provider) is not a receipt from Scouts Victoria.  You must retain records of any transaction you undertake which involves a Financial Facility to assist in any enquiry or dispute over that transaction and provide copies to Scouts Victoria upon request.

You agree to reimburse any fee or charge we pay as a result of you having insufficient funds or credit to complete a transaction or otherwise failing to comply with any requirements relating to the Financial Facility.

Indemnity

You agree to indemnify Scouts Victoria, its directors, officers, employees, consultants, agents and affiliates, from any and all claims (including third party claims), liabilities, damages and/or costs (including legal fees) arising from your use of this Website, violation of the rights of Scouts Victoria or any other user of the Website or breach of these Terms and Conditions.

Governing Law and jurisdiction

The Terms and Conditions are governed by the laws of Victoria Australia, even if you are not located or resident in Victoria. You submit to the non-exclusive jurisdiction of courts in Victoria and waive any right to claim that those courts are an inconvenient forum.

 

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