1.1 These Terms and Conditions (“Terms”) are between you and Nathan Ken Johnston
ABN 12 354 866 068 trading as “Disability Club” (“Disability Club” “us” “we”), and govern your access to and use of our website https://disabilityclub.com.au/ (“Site” “Network”) and any information, text, graphics, photos or other materials that you upload to or download from the Site (collectively referred to as “Content“).
1.2 Your access to and use of the Site is conditional on your acceptance of and compliance with these Terms. By accessing or using the Network you agree to be bound by these Terms, which will form a binding contractual agreement between you and us. For that reason, these Terms are important, and you should ensure that you read them carefully and contact us using the details at clause 14 with any questions before you use the Site.
1.3 You may use the Site only in compliance with these Terms and all applicable laws. If you do not agree to the Terms, please do not use the Site.
2 Access and About the Site
2.1 The Site provides:
(a) a platform for individuals, including but not limited to those from the disability sector and individuals with a disability (collectively referred to as “Users”) to make posts, upload and download content, message other Users. (Collectively referred to as “Site Content”); and
(b) for Users of the Site to sign-up to the Network to access the Site Content (“Account”).
which are collectively referred to as the Services.
2.2 To access the Site or some of the functions it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If we believe the information, you provide is not correct, current, or complete, we have the right to refuse you access to the Site or any of its functions, and to terminate or suspend your access at any time.
2.3 By using the Site, you are granted a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner for your own personal, non-commercial use.
2.4 All right, title, and interest in and to the Services (excluding Site Content) are and will remain the exclusive property of Disability Club and its licensors.
2.5 The Site may contain links to other websites as well as content added by people other than us, including advertising from third parties. We do not endorse or, sponsor, or approve any such user generated content or any content available on any linked website. We do approve any advertising published on the Site.
2.6 You acknowledge and agree that:
(a) we retain complete editorial control over the Site and may alter, amend, or cease the operation of the Site at any time in our sole discretion; and
(b) we retain complete editorial control of all content uploaded or posted to the Site by users, and any content posted or uploaded by you is subject to our approval; and
(c) the Site will not operate on a continuous basis, and
(d) the Site may be unavailable from time to time (including for maintenance purposes).
2.7 The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
2.8 In the event that the Site provides a function which allows access to other sites, social media platforms or applications (Third-Party Sites), which may include the sharing of content between the Site and the Third-Party Sites, you agree to comply with the terms and conditions of any Third-Party Site.
2.9 We retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
3 Use of Communication Services
3.2 When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
(a) You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
(b) Advocates illegal activity or discusses an intent to commit an illegal act;
(c) Is vulgar, obscene, pornographic, or indecent;
(d) Does not pertain directly to this site;
(e) Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(f) Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(g) Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
(h) Violates any law or may be considered to violate any law;
(i) Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(j) Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
(k) Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorised on this site;
(l) Solicits funds, advertisers or sponsors;
(m) Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(n) Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
(o) Includes MP3 format files;
(p) Amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
(q) Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
(r) Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
3.4 Notwithstanding these rights, you remain solely responsible for the Content of your submissions. You acknowledge and agree that neither us nor any third party that provides Content to us will assume or have any liability for any action or inaction by us or such third party with respect to any submission. We caution you against giving out any personally identifying information about yourself in any Communication Service. We do not control or endorse the content or messages, or information found in any Communication Service and, consequently, we specifically disclaim any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Disability Club spokespersons, and their views do not necessarily reflect those of Disability Club.
4 Registration and Accounts
4.1 To be eligible for an account you must provide the information requested on the account registration form on the Site. Some of the information requested is mandatory to register an account, and other information will be optional.
4.2 You may register and create a free account on the Site by completing and submitting the account registration online form on our Site and clicking on the verification link in the email that the Site will send to you. All accounts commence on the day that you sign-up and create the Account.
4.3 You must not allow any other person to use your account to access the Site. You must notify us in writing immediately if you become aware of any unauthorised use of you account. You must not use any other person’s account to access the website unless you have that person’s express permission to do so.
4.4 You can deactivate your Account at any time. Any cancellations will take effect immediately at the time of cancellation.
4.5 If you register for an account, you will be asked to create a user ID (or enter you email address as your username) and password.
4.6 You must not use your account for or in connection with the impersonation of any person.
4.7 You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above suggestions.
4.8 You may apply to be identified as a Verified Member of the Network as follows:
(a) A User is eligible to become a Verified Member if all the information on the User’s profile is complete and the User’s profile picture and cover art has been uploaded.
(b) You can complete an application form, available on the Site to request to be recognised as a Verified Member.
(c) Applications will be assessed by us and you will be notified of whether your application has been approved, or if it has been declined and the reasons why.
(d) If your application is declined, you may apply again for verification after a period of 14 days, and once the deficiencies in your profile have been address.
(e) If your application has been approved, your profile will feature a blue tick identifying you as a Verified Member.
4.9 In accordance with clause 3.2, we retain the right to terminate any Account when the terms of using the Communication Services are not complied with.
5 Intellectual Property
5.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us. We own all intellectual property rights in the Site and the Content (excluding the Network Content); and
5.2 You may not copy, distribute, sell, modify, or create derivative works of the intellectual property or any part thereof.
5.3 Nothing in the Terms gives you a right to use the Disability Club name or any of the Disability Club trademarks, logos, domain names, and other distinctive brand features, without our express written consent.
7 Indemnity and Release
7.1 You agree to defend, indemnify, release from liability and hold harmless Disability Club (including its officers, directors, employees and agents) from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (whether special, consequential or indirect and including but not limited to business interruption, lost profits or lost data) arising from:
(a) your use of and access to, or inability to use or access, the Services;
(b) your violation of any term of these Terms; or
(c) your violation of any third party right, including but not limited to any copyright, property, or privacy right.
8 Limitation of Liability
8.1 To the maximum extent permitted by applicable law, Disability Club and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from:
(a) your access to or use of or inability to access or use the Site and/or Services;
(b) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
(c) any content obtained from the Services; and
(d) unauthorised access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory.
9 Waiver and Severability
9.1 Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
9.2 If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, the remainder of these Terms will continue to apply in full force and effect.
10 Entire Agreement
10.2 We may revise these Terms from time to time, the most current version will always be at https://disabilityclub.com.au/. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
11 Choice of Law
11.1 This License will be exclusively governed by, and construed in accordance with, the laws of the Australian Capital Territory. The local and federal courts located in the Australian Capital Territory will have exclusive jurisdiction over all disputes arising hereunder or in connection with the subject matter hereof. You waive any right to allege lack of personal jurisdiction, improper venue or inconvenient forum in any such action brought in any such court.
12.1 If you would like to contact us regarding your use of the Site and/or the Services, you can do so by contacting us using the form at https://disabilityclub.com.au/ or by post at Disability Club, PO Box 325, Bega NSW 2550
2 What information is covered by the Privacy Act 1988
2.1 The Act covers personal information and sensitive information. Both of these are referred to as “information” throughout this document.
2.2 Personal information is “information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.”
2.3 Sensitive Information is information or an opinion that is personal information, and is about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences, or criminal record and any health information about an individual.
3 What Information will we collect?
3.1 When you register to use the Services, you provide some personal information, such as your name, username, password, and email address.
3.2 We only collect information that is necessary for us to carry out our functions or activities. This may include sensitive information.
3.3 Our servers automatically record information (“Log Data”) created by your use of the Services. Log Data may include information such as your IP address, browser type, the referring domain, pages visited, your mobile carrier, device and application IDs, and search terms. Other actions, such as interactions with our website, applications and advertisements, may also be included in Log Data. If we haven’t already deleted the Log Data earlier, we will either delete it or remove any common account identifiers, such as your username, full IP address, or email address, after 18 months.
3.4 Like many websites, we use “cookie” technology to collect additional website usage data and to improve our Services, but we do not require cookies for you to be able to browse public web pages available on https://disabilityclub.com.au/. A cookie is a small data file that is transferred to your computer’s hard disk. We require that your browser stores a session cookie for a successful login and subsequent use of nonpublic services. We may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to improve our Services. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.
4 How do we use the information
4.1 We collect, hold and use personal information that is reasonably necessary for us to operate the Network and to allow you to be registered as a User of the Site.
4.2 This includes If we are permitted by law, we may use your personal information to use images of your profile, including your uploaded pictures, in marketing material published by us about the Site. By agreeing to our terms and conditions, you have consented to us using your personal information in this way. That consent will remain current until you advise us otherwise. You can opt out at any time by contacting us using the form at https://disabilityclub.com.au or by clicking on the ‘unsubscribe’ link at the bottom of an email we send you.
4.3 If we are permitted by law, we may use your personal information to send to you by email newsletters, updates, and other information about the Site. By agreeing to our terms and conditions, you have consented to receiving these communications, that consent will remain current until you advise us otherwise. You can opt out at any time by contacting us using the form at https://disabilityclub.com.au or by clicking on the ‘unsubscribe’ link at the bottom of an email we send you.
5 When do we disclose the information?
5.1 We only disclose information where we need to in order to advance your interests, or when we are required by law to disclose it. Generally, we will try to ensure that you are aware whenever information is being disclosed to a third party.
5.3 Disability Club reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to your use of the Services. We may provide information relevant to a court subpoena or to a law enforcement or other government investigation. You acknowledge and agree that we may collect, transmit, store, disclose and analyse such information for these purposes.
6 Can you access the information?
6.1 You are entitled to ask what information we hold about you. We will, within a reasonable time, inform you of the personal information and/or sensitive information that we hold about you. You may then ask us to show you the information so that you can check to ensure that it is accurate, complete and up to date. We will give you access to the information for this purpose unless we are entitled to refuse access pursuant to NPP 6.1, in which case we must provide you with reasons for the refusal.
7 Changes to this Policy