Terms of Use - Dreams2Live4

Website terms of use

These terms and conditions (Website Terms) are between you and Dreams2Live4 Ltd ACN 605 853 263 (we, our or us) and govern your use of our website located at https://dreams2live4.org.au (Website). By accessing and/or using this Website, you acknowledge that you have read and understood, and agree to be bound by and abide by, these Website Terms.  You should review these Website Terms carefully. If you do not agree to these Website Terms, you must immediately cease all further use and access to using the Website. These Website Terms should be read in conjunction with our fundraising terms and conditions (found at https://dreams2live4.org.au/terms-and-conditions-fundraising/) (Fundraising Terms and Conditions) and refund policy (found at https://dreams2live4.org.au/refund-policy/) (Refund Policy).

  1. Ownership of Content

Unless otherwise indicated, we own the copyright and all other intellectual property rights in the text, graphics, videos, information, designs, data and other content (Content) on this Website. While you may browse or print the Content for non-commercial, personal use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website for any other purpose. All trade marks appearing on this Website belong to their respective owners.

  1. Links to other websites

This Website may contain links to third party sites (Links) over which we have no control. These Website Terms do not apply to third party sites and you should review the terms and conditions of the applicable website before using it.

We make no representations or warranties as to, and we are not responsible for, the currency, completeness, accuracy or any other aspect of the information on any linked third party website. The inclusion of a Link does not imply our endorsement or recommendation or support of the applicable website or any information, opinions, goods or services referred to on it.

Links are provided for your convenience only. You acknowledge and agree that any access to and use of linked third party websites is at your own risk and that we are not responsible for any losses suffered by you or anyone else in connection with any Link.

  1. Our liability

To the extent that you acquire goods or services from us as a 'consumer' (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Website Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of these Website Terms to be void (Non-excludable Obligations).

Except in relation to the Non-excludable Obligations, and otherwise to the extent permitted by law:

(a)       we exclude all liability to you for any indirect, consequential or special loss, damage, cost or expense incurred by or awarded against you arising from or in connection with your use of the Website (including any inability to use the Website) or any Content contained on it, whether or not caused by our negligence; and

(b)       subject to paragraph (a), where a supply under these Website Terms is a supply other than a supply for personal, domestic or household use or consumption, our total liability to you arising from or in connection with the use of the Website (including any inability to use the Website), or any Content contained on it, whether or not caused by our negligence, is limited (where it is fair and reasonable for us to do so) to the resupply of the Content or other services provided to you via the Website.

  1. Content on this Website

The Content on this Website is made available in good faith, and we will use reasonable endeavours to update the Content regularly. However, we do not warrant the currency, completeness, accuracy or any other aspect of any Content contained on the Website which is sourced from third parties (Third Party Content). Except in relation to the Non-excludable Obligations, and otherwise to the extent permitted by law:

  • this Website, the Content (including Third Party Content), and any Website-related services, are provided with no representations or warranties of any kind (whether express or implied);
  • you assume all responsibility and risk for your reliance on any Third Party Content contained on the Website; and
  • we exclude all terms, conditions and representations, express or implied, other than these Website Terms, in relation to your use of the Website.
  1. Privacy

We may collect, use, store, disclose and otherwise handle your personal information in accordance with these Website Terms, our Privacy Policy and applicable legislation. In these Website Terms, Privacy Policy means our privacy policy, as amended from time to time and which is available at https://dreams2live4.org.au/privacy-policy/ (or any replacement web page from time to time).

  1. Participation

You participate in your fundraising event at your own risk and subject to the Fundraising Terms and Conditions. It is your responsibility to comply with all legal requirements relating to your fundraising event and you are responsible for obtaining your own insurance coverage as you consider appropriate for your fundraising event or activity.

  1. Prohibited Uses

In addition to other prohibitions as set forth in these Website Terms, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or any related website or any third party websites; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website or any third party websites. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

  1. Uploading information to this Website

You warrant, in relation to any material and/or information you provide to the Website, that: (a) you are authorised to provide the material and/or information; (b) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation; (c) the material and/or information is not a ‘passing off’ of any product or service and does not constitute unfair competition; (d) the material and/or information does not infringe any intellectual property right, including, without limitation, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; or (e) the material and/or information does not infringe any applicable laws, including the Australian Consumer Law and State and Territory Fair Trading Acts.

  1. Access from outside of Australia

The Website may be accessed from outside Australia. We make no representation that the Content or the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

  1. Modifying the Website

We may modify, suspend or discontinue the Content or services available via the Website from time to time in our absolute discretion without notice to you.

  1. Changes to Website Terms

We may change these Website Terms at any time without notice to you. You agree to be bound by and abide by the changed terms if you use this Website after the terms have changed.

  1. No waiver

We do not waive a right, power or remedy in connection with these Website Terms if we fail to exercise or delay in exercising the right, power or remedy.  A right, power or remedy is only waived by us if it is in writing and signed by us.

  1. Force Majeure

To the extent permitted by law, we will not be liable to you for any failure to fulfil, or delay in fulfilling, our obligations caused by circumstances outside of our reasonable control.

  1. Severability

If any provision (or part of a provision) of these Website Terms is found to be void, invalid, unlawful or unenforceable, that provision (or part) is deemed to be severed from these Terms to the extent of that voidance, invalidity, unlawfulness or unenforceability without invalidating the remaining provisions.  The remaining provisions of these Website Terms will remain in full force and effect and constitute a binding agreement between you and us.

  1. Governing law

These Website Terms are governed by the law of the State of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

  1. Entire agreement

These Website Terms, together with the Fundraising Terms and Conditions, Refund Policy and Privacy Policy and any other additional terms which may apply to particular activities when using the Website (for example, any applicable payment terms associated with a donation), constitute the entire agreement between the parties about their subject matter and supersede all previous understandings, agreements, representations and warranties between the parties in relation to that subject matter.

Last updated: February 2024

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In the spirit of reconciliation Dreams2Live4 acknowledges the Traditional Custodians of the country throughout Australia, and their continuing connection to land, and sea and the community. We pay our respects to Aboriginal and Torres Strait Islander people and their cultures, and to Elders past, present and emerging.

Aboriginal and Torres Strait Islander people are advised that this website may contain images and voices of deceased people.

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Privacy Policy      

Fundraising Terms and Conditions      

Refund Policy

Terms of Use

ABN 47 605 853 263
Dreams2Live4 is a nationally registered charity helping patients living with metastatic cancer to fulfill their dreams
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