Website Terms and Conditions of Use
By accessing and browsing the Shifra ("Shifra") website ("Website") or by using and/or downloading any content from the Website, you agree and accept the Terms and Conditions of Use ("Terms") as set forth below. If you do not agree to these Terms, you must not use the Website.
We may amend these Terms from time to time, without providing notice to you, by posting an updated version of the Terms on the Website. You should regularly check these Terms for any amendments. If these Terms are amended, you must comply with the updated Terms. If you do not agree to the updated Terms, you must not use the Website.
Purpose of the Website
The information available through the Website is general in nature and is intended only to provide a summary and general overview on sexual and reproductive health information and services in Australia. All the materials contained on the Website are provided for information purposes only and shall not be construed as being a commercial offer, a license or constitute an advisory, fiduciary or professional relationship between you and us.
You acknowledge and agree that:
- the information available through the Website is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Website is or will be current, complete or accurate at all times;
- no information provided on the Website may be relied upon or considered a substitute for your own independent investigation of any matters contained on the Website; and
- you will make your own enquiries to determine whether the information you obtain through the Website is current, complete and accurate before using it and we are not responsible for any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise ("Loss") you suffer or incur as a result of your failure to comply with this paragraph.
All copyright and other intellectual property rights in the Website (including all trade marks appearing on the Website) are owned by us and/or our licensors. Other than as expressly provided for in these Terms, nothing in these Terms grants any proprietary or other right to you in relation to any intellectual property rights in the Website.
We grant you a revocable, non-transferable, non-exclusive licence to use the Website on your internet-enabled device that is compatible with the Website and has a current and working internet connection ("Device") for your own purposes, and to download and print out a copy of the information available from the Website for your own personal use.
You must not (and must not attempt to):
- except as permitted by the licence set out above, use or copy any part of the Website without our written consent;
- distribute, translate, modify or tamper with, any part of the Website;
- create derivative works of or from any part of the Website;
- sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms; or
- permit or assist any person to engage in any act described in paragraphs (a) to (d) above.
Use of the Website
You must provide your own internet access and Device in order to use the Website. You are responsible for all internet access, data download and other network charges arising from your use of the Website and you acknowledge and agree that we have no responsibility or liability for those charges.
You are responsible for the operation and maintenance of your Device and for ensuring the Website is accessible from your Device.
Performance of the Website
We make no representation or warranty as to the availability, reliability or performance of the Website, except that we will use our reasonable endeavours to generally make the Website available during our normal business hours. However, the availability of the Website depends on various third party suppliers of both you and us, and accordingly, we do not warrant or guarantee:
- that you will be able to use the Website at any time; or
- that your use of the Website will be continuous, uninterrupted, secure or error-free.
You acknowledge and agree that the Website may not be available for use from time to time, and that you may be disconnected from your use of the Website at any time for any reason, including if:
- any network connection difficulties occur;
- the systems providing access to the Website are unavailable for any reason (including so that maintenance can be performed);
- you breach any of these Terms; or
- we decide to terminate your access to the Website for any reason.
You acknowledge that the performance of the Website depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the systems which support the Website.
You must not use (or attempt to use) the Website:
- for any unlawful or dishonest activity, or any activity prohibited by these Terms;
- to access, transmit, publish or communicate material which:
- is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful;
- is xenophobic, racist, abusive, harassing or hateful;
- is invasive of a person’s privacy or constitutes personal abuse directed at other users;
- constitutes commercial advertising, the promotion of gambling or the promotion of your own site;
- contains a virus or other harmful code;
- infringes a person's copyright or other rights; or
- contains links to other sites that contain or promote the material identified in paragraphs (i) to (v);
- to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
- to transmit, publish or communicate bulk and/or unsolicited messages;
- in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website; or
- in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party.
You acknowledge and agree that we may ask you to cease any conduct which we believe is contrary to your obligations under these Terms and you must immediately comply with any such request. We may immediately terminate and block your access to the Website or the services provided by the Website for any reason, in our sole discretion.
The Website uses the internet to provide services and information. By using the Website, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.
We do not warrant or guarantee the security of the Website. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.
You acknowledge and agree that your access to, and use of, the Website is at your own risk.
To the extent permitted by law, we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom, except any guarantee or right conferred under any legislation, the exclusion of which would contravene legislation or cause part or all of this clause to be void.
We exclude all responsibility and liability arising from or in connection with your use of the Website, including, without limitation:
- any indirect, consequential, punitive or exemplary Losses, including but not limited to any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation; and
- any other Losses.
If you use the Website, the information that we may collect and store includes, without limitation:
- the type of operating system and/or other software or firmware used by your Device;
- the data you send and receive using the Website, and the type and quantity of that data;
- the data you send and receive using the Website, and the type and quantity of that data;
- the IP and MAC address of your Device.
Third party links
The Website may contain links to other sites over which we have no control. Links to third-party websites are provided for convenience only and do not imply any approval or endorsement by Shifra of the linked sites, even if they may contain Shifra’s logo, as such sites are beyond Shifra’s control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.
Suspension, withdrawal of or changes to the Website
We reserve the right to:
- suspend your use of, or withdraw, the Website and/or any of its features or components; and
- add to, amend, remove, or disable access to, any part of the Website, in each case at any time and for any reason, without notice to you.
If requested by us, you must immediately cease use of the Website.
We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising any right, power or remedy.
These Terms are governed by the laws of New South Wales. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts having appeal from them.