USER TERMS AND CONDITIONS

These terms are a legally binding agreement between you and Animal Welfare League of Qld Inc. (AWLQ, we, us or our).  Together with our Privacy Policy, these terms govern:

  • access to and use of any website, social media account, online platform or app operated by us from time to time, including awlqld.com.au and our Instagram and Facebook pages, and any content, materials or services accessible from those locations (Websites); and
  • services we provide from time to time (Services).

You must read these terms carefully together with our Privacy Policy before interacting with our Websites and Services.

We may modify these terms from time to time.  It is your responsibility to check for the most current terms on our Websites by reference to the “effective date” printed at the top of these terms.  You agree to any amended terms we publish by using any of our Websites or Services in any manner after that amendment takes effect.

Your use of AWLQ’s Websites and Services is conditional on your acceptance of these terms.  By using or continuing to use any of our Websites or Services, you agree to be bound by these terms.

1. AWLQ OVERVIEW

(a) We are a registered not-for-profit charity dedicated to animal welfare and improving the outcomes for stray, abandoned and stranded animals. Our operations are based in Queensland and so our Websites and Services are directed towards people located in Australia.

(b) Our Services incorporate a varied range of activities, which are primarily directed towards our purpose of improving animal welfare, including through fundraising, vet services and community awareness and education. It is your responsibility to assess the appropriateness and suitability of any of our Services for yourself and your needs.

(c) Some of our Services may:

  1. have age restrictions that apply, for example, volunteering and animal fostering and adoption;
  2. require you to register an account or membership with us;
  3. have fees or charges that are associated with the Service.

(d) Our Websites and Services may enable access to third party services and websites.Content available via linked third party sites or services is for general information only.  We make no representation or warranty about any third-party site or third-party provision of goods or services.  You agree not to use any linked third-party sites or services in any manner that is inconsistent with these terms.

2. USE OF OUR WEBSITES AND SERVICES

(a) You must use our Websites and Services in a responsible and reasonable manner having regard to our not-for-profit purpose to improve animal welfare.Our Websites and Services are made available to you for personal, not-for-profit use.

(b) You cannot use our Websites or Services in a way that is against the law or that harms us or our officers, partners, related charities, suppliers, sponsors, donors, beneficiaries or other users.

(c) We take reasonable measures to secure our Websites and Services from unauthorised use and to protect the integrity of our Websites and Services.You must comply with any reasonable directions we provide that relate to the integrity and security of our Websites and Services.

(d) You are responsible for all third-party costs associated with accessing our Websites and Services, including any costs from internet service providers or telecommunications carriers.

(e) You acknowledge that any transmission of data over the internet is inherently risky.You acknowledge and agree that you are responsible for the security of devices that are used by you to access and use our Websites and Services.

(f) Where use of any of our Services requires an account, you agree to be responsible for maintaining the confidentiality of your username and password combination (acknowledging that your username and password cannot be shared with any other person), and responsible for all activities that are conducted through or under your account.

(g) AWLQ reserves the right to refuse any person to use its Websites or Services at any time, and (if applicable) remove or block any person’s account within our Websites and Services, if we consider that the person is not using or intending to use the Website or Service in accordance with these terms or using them in a way that may adversely impact the delivery of our Website or Service.This includes reserving the right to restrict and block automated web crawlers, bots, and AI systems at any time via technical protocols or otherwise.

(h) Without limiting anything in these terms, you must not:

  1. use our Websites or Services to document, reproduce, share or store pornographic or adult material, or defamatory, illegal or inappropriate material, or to threaten, harass, stalk, bully, defame or intimidate any other person or to send unwanted messages including marketing messages;
  2. frame any Website;
  3. remove or alter any copyright, trade mark, logo or other proprietary notice or label appearing on or in our Websites or Services;
  4. copy, reverse engineer, decompile or disassemble our Websites or Services or part of them, or otherwise attempt to derive source code or other confidential information of ours, and then only to the extent expressly permitted by law;
  5. create any derivative works or adaptations of our Websites or Services;
  6. transfer, redistribute, resell or sublicence our Websites or Services to any person; or
  7. use our Websites or Services other than as expressly permitted by these terms or in any manner that we reasonably determine to be inappropriate or excessive.
3. USER CONTENT

(a) Use of our Websites and Services may permit you to publish and upload content. We do not review user content for accuracy, correctness or relevance.  We do not moderate comments on our social media accounts.

(b) We do not own any user content that is uploaded to our Websites or Services by you or other users.

(c) We are not responsible or liable for any user content that is uploaded to our Websites or Services, whether by you, or other users.

(d) Specifically, we do not warrant or represent that any user content that may appear in our Websites or Services:

  1. is true and correct, and not misleading or deceptive;
  2. does not infringe any third party’s intellectual property rights or other proprietary rights;
  3. does not breach any law; or
  4. is not offensive, defamatory or otherwise inappropriate.

(e) We take the safety of our Websites and Services seriously.If you believe any user content located in our Websites or Services infringes your rights or is otherwise unlawful or unsafe, or that another user of our Websites or Services is in breach of these terms, please report it to us via [email protected].

4. INTELLECTUAL PROPERTY RIGHTS

(a) The Websites and Services comprise our intellectual property, which are protected by copyright, trademark and other intellectual property laws.

(b) We do not own the user content that you or any users upload to our Websites and Services, and all such intellectual property rights remain vested in you or the owner of such intellectual property rights.

(c) You warrant that you own or have the right to upload any user content that you upload to our Websites and Services and that information you provide within our Websites and Services is accurate, complete and up to date.

(d) You are responsible for ensuring that you do not, in using our Websites and Services, infringe or violate any other person’s intellectual property rights, misappropriate confidential information, or breach any laws including animal safety laws and privacy laws. Where you are permitted to refer to or use our Website content, there must be a clear and visible citation linking back to our Website as the source of the content.

(e) You grant us a limited, non-exclusive, perpetual, revocable, royalty-free and non-transferable licence to use the intellectualproperty rights in any user content you upload or provide to us to the extent necessary for us to operate the Websites and Services, or to otherwise exercise our rights or to comply with our obligations under these terms.We may sub-license this license to third party service providers who assist us in providing the Websites and Services, and to other users who access and use our Websites and Services.

(f) You agree that we may:

  1. provide your personal information to third parties in accordance with our Privacy Policy, subject to your rights to opt out at any time; and
  2. collect and use technical data and related information, including information about your device, system and application software, that is gathered periodically to facilitate the provision of software updates, support and other services to you (if any) related to our Websites and Services.

(g) All names, brands, logos and trade marks (Trade Marks) within the Websites or Services, and all content in the Website such as text, graphics, images and other material excluding user content (Material), are either our property or the property of third parties who have contributed to the Websites or our Services and are protected by intellectual property laws. You have no right to use our Trademarks or Material without our express written consent.

(h) From time to time, you may send us suggestions, materials, information, ideas or concepts relating to our Websites and Services (Feedback). You hereby grant us a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) to use such Feedback as we see fit, without payment of a fee. Without limiting the foregoing, no Feedback will be subject to any confidentiality obligation.

5. PRIVACY AND SECURITY

(a) We hold any personal information that you provide to us in accordance with our Privacy Policy, which is available on our Website.

(b) You acknowledge and agree to be bound by the terms of our Privacy Policy.

(c) You must not do anything that puts us in breach of any privacy law or our Privacy Policy.

(d) You must not transmit or attempt to transmit any data, code or other material of any kind to our Websites or in connection with our Services which contains a virus or other harmful component.

6. LIABILITY

(a) To the extent permitted by law:

  1. we disclaim all warranties and conditions with respect to our Websites and Services whether express, implied or statutory, including that the Websites and Services will be fit for any purpose;
  2. our Websites and Services are provided on an “as is” and “as available” basis and we exclude all liability, including in tort (including negligence), contract and otherwise.

(b) You expressly acknowledge and agree that use of our Websites and Services is at your sole risk.

(c) Without limiting the foregoing:

  1. due to the nature of the internet and software programs, at any time you may experience errors, poor network performance and other issues that detract from use of our Websites and online Services.We do not warrant that our Websites or online Services will be constantly available or that you will have uninterrupted and error-free access to the Websites or online Services, or that they will be free of computer viruses and other harmful data, code, components or other material or that we will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Websites or online Services;
  2. if our Websites or Services links to or refers you to a third-party site, any interaction and relationship you have with that third party is at your own risk.We are not responsible for examining or evaluating the content or accuracy of any third-party site or services, and will not be liable for any third-party site or services; and
  3. you acknowledge that you are solely responsible for any activities undertaken in connection with our Websites and Services, including decisions you make to foster, adopt, rehome, donate, volunteer, purchase goods or services and act or not act on any information provided.We do not warrant the truth or accuracy of any aspect of information provided by other users of the Websites or Services or third-party suppliers;
  4. you acknowledge that the Websites and Services provide general information which must not be relied upon or regarded as a substitute for specific professional advice, including veterinary advice. We make no warranties that the Websites and Services are accurate or suitable for a person’s circumstances and provide the Websites and Services on the basis that all persons accessing the Websites and Services responsibly assess the relevance and accuracy of its content or purpose.

(d) If we suspect that you have breached any of these terms, we have the right to suspend or permanently terminate your access to our Websites and/or Services.We reserve the right to take any such action without prior notice to you.

(e) You hereby defend, hold harmless and indemnify us and our officers, agents, contractors, volunteers and employees (the Indemnified Parties) from and against any loss suffered or incurred by the Indemnified Parties arising out of or in connection with any material breach by you of these terms.

(f) Unless required by law, no terms are implied into these terms.If we are found to be liable to you (including in contract, tort (including negligence) or otherwise) for implied warranties or statutory guarantees that cannot be excluded or otherwise, our liability is limited in all circumstances to one of the following options, as selected by us:

  1. resupply of the relevant goods or service;
  2. supply of a similar good or service.

(g) Notwithstanding any other clause of these terms, to the extent permitted by law, we exclude all liability for any loss of or damage to data or content, loss of profits, loss of revenue, loss of privacy, damage to reputation and goodwill, and loss of business, and any consequential, indirect or special loss or damage.

7. CHANGES TO OUR SERVICES

(a) We may change, modify or remove some or all of the Websites or Services we offer at any time and at our sole discretion, including changing or removing features of our Websites.If you do not agree with these changes, you should cease use of the relevant Website or Service.

8. GENERAL

(a) These terms together with the Privacy Policy contain the entire agreement between the parties with respect to its subject

(b) No failure to exercise or delay in exercising any right, power or remedy under these terms operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy.

(c) Any provision of these terms which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these terms nor affect the validity or enforceability of that provision in any other jurisdiction.

(d) These terms and, to the extent permitted by law, all related matters including non-contractual matters, is governed by the laws of Queensland.In relation to such matters, you irrevocably accept the non-exclusive jurisdiction of courts with jurisdiction in Queensland and waives any right to object to the venue on any ground.