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Terms of Use

April 2019

  1. BACKGROUND

Living Positive Victoria (People Living With HIV/AIDS Victoria Incorporated) ABN 67 049 438 341 Registration No. A0039027B (We, Our or Us) is a community based organisation that works to advance the human rights and wellbeing of people living with HIV.

Please read these terms of use (Terms of Use) carefully as they govern your use of Our website (Website).

  1. VARIATION

We may update these Terms of Use at Our discretion at any time without notice.

  1. DEEMED ACCEPTANCE

By accessing or using Our Website, you accept and agree to comply with these Terms of Use, as updated from time to time.

  1. PRIVACY

By agreeing to these terms you also agree to Our Privacy and Confidentiality Policy and Our Privacy Statement, as updated from time to time.

  1. MEMBERS

There are additional terms that apply if you register with Us as a member called the “Rules of Association”.  The Rules of Association will apply to you, in addition to these terms, when you are registered as a member.

When you apply to register as a member, you will provide Us with personal and sensitive information.  You must ensure that this information is accurate and current.  We will handle all personal information we collect in accordance with Our Privacy and Confidentiality Policy and Our Privacy Statement.

When you become a member, We will provide you with a user name and password to access the members’ portal on Our Website.  You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

You acknowledge and agree that We may suspend or terminate your access to the members’ portal at any time, in our absolute discretion.

  1. YOUR USE OF OUR WEBSITE

We permit you to access and use Our Website on the basis that you:

  • comply with these Terms of Use at all times;
  • comply with any reasonable request from Us in relation to your use of and access to Our Website;
  • ensure that you have obtained all relevant licences, permissions, authorisations, consents and approvals, and complied with all relevant laws, in order to access and use Our Website;
  • do not upload files that contain viruses that may cause damage to Our property or the property of other individuals;
  • use Our Website for lawful purposes only, and not rent, lease, convey, adapt, translate, reverse engineer, de-compile or disassemble all or any part of Our Website;
  • do not infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights; and
  • do not post or transmit to Our Website any non-authorised material including, but not limited to, material that is, in Our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of Our systems or a third party’s systems or network security.

If We allow you to post any information to Our Website, We have the right to take down this information at Our sole discretion and without notice.

7.     DISCLAIMERS

You access Our Website entirely at your own risk.

We do not warrant, guarantee or make representations regarding the currency, accuracy, correctness, reliability, usability, or any other aspect of the material presented on Our Website.

Nor do We warrant, guarantee or make representations that any data you download from Our Website will be free from viruses.

To the extent permitted by law, We disclaim all implied warranties and representations regarding Our Website.

  1. NO MEDICAL ADVICE

The information and content on Our Website (including any publications and any linked websites) is intended to provide general information only. It is by nature incomplete and it is not specific to your circumstances. The content of this Website is not intended for use as medical advice, diagnosis, treatment or counselling and we disclaim any duty of care and liability in respect of the same.

  1. LINKED WEBSITES

From time to time, Our Website may contain links to third party websites.  These links are provided for convenience only. We have no control over and accept no liability for the content of those websites or any loss you suffer as a result of accessing them.

  1. LIABILITY

You acknowledge that We are not responsible for, and to the extent permitted by law, exclude all liability to you or anyone else who suffers loss or damage (however caused and including indirect, consequential and economic loss) in connection with the use of Our Website, its content or any linked website.

Where Our liability cannot be excluded, it will be limited to the extent permitted under the Australian Consumer Law. Where a limit can be specified, that limit is $1.

  1. INTELLECTUAL PROPERTY

Unless otherwise indicated, We are the owners of the copyright and other rights in the content of Our Website. Where a third party is indicated as copyright owner, We are including it on Our Website under licence.

You may only access, print and use the content for non-commercial or personal use unless you have prior written approval from Us.  All other access, copying, reproduction or use of Our Website or any part of it is prohibited.

  1. JURISDICTION

By accessing Our Website, you agree to be bound by the laws of Victoria, and consent to any disputes being addressed in the Courts of Victoria.