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Terms of Use Policy

So They Can

Website Terms of Use

Preamble

These Website Terms of Use (Terms) were written by So They Can ABN 91 138 063 475 of Suite 206, 35 Hume Street, Crow's Nest NSW 2065 (So They Can Australia) .  

So They Can Australia is the Global Support Office for all 5 'So They Can' entities, which are located in each of Australia, New Zealand, the United States of America, Kenya and Tanzania and registered under the local laws of each location.

These Terms applies to the website https://www.sotheycan.org/ (Website), which is the website for all 5 So They Can entities.  In these Terms, the 5 'So They Can' entities are collectively referred to as "We", "Us" and "Our".

By accessing the Website, you are agreeing to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing the Website.

  • About this Website

The Website is owned and operated by So They Can Australia. These Terms apply to your use of this Website. Please check this link regularly, as these Terms may be amended or updated by Us in our sole discretion from time to time.  Any amended or updated Terms will be effective from the date on which they are uploaded to the Website.

 

  • Privacy

Any information you provide through your use of the Website is subject to the 'So They Can Privacy Policy' (as applicable from time to time) which may be viewed at https://www.sotheycan.org/policies/privacy-policy/.

  • Cookies

The Website may use “cookies” or collect information about people who access the Website.  Our Internet server may automatically record details about any computer used to access the Website (such as the IP address, domain name and browser type), the date and time of access, and details of the information downloaded. This information is used for internal statistical purposes and to improve this Website.

 

  • Use of site

The information and materials on the Website are intended to summarise our services and general matters of interest. If you use or rely on this material, you do so at your own risk. To the maximum extent permitted by law, we do not accept liability to any person for loss or damage of any kind (including in negligence) arising from or relating in any way to the Website or the information on it.

To the maximum extent permitted by applicable law, We:

      1. make no warranty or representation regarding the quality, accuracy, completeness, suitability or fitness for purpose of the material on the Website;
      1. do not warrant or represent that the Website or any information on it will not cause damage or is free from any computer virus or any other defects or errors; and
      1. exclude all liability to users of the Website for any loss or damage however caused resulting from the use of the Website and/or the information on it.

 

  • Acknowledgements

You acknowledge that the Internet is an inherently insecure medium and that communications to and from the Website may be intercepted or altered in transit. We do not warrant that the Website is free from anything which may damage any device which accesses the Website or data on such device. You should take your own precautions to ensure that the process which you employ for accessing the Website does not expose your device to the risk of viruses, malicious computer code or other forms of interference.

Whilst We strive to protect any information you transmit to us, We do not warrant and cannot ensure the security of any information or content which you transmit to Us.  Accordingly, any information you transmit to Us is transmitted at your own risk. Nevertheless, once We receive your transmission, we will take reasonable steps to preserve the security of such information.

  • Conditions of Use

It is a condition of your use of the Website that you do not:

      1. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy;
      1. falsely represent to others that you or your association is affiliated or associated with the Website or Us;
      1. use, adapt, translate, disassemble, reproduce, sell, resell or otherwise exploit the information made available or published on the Website for commercial purposes without our written consent; or
      2. access or attempt to access information resources you are not authorised to access or use.
  • Ownership of content

Unless otherwise indicated, we reserve all copyright in the content and design of this Website. As between us and you, we own all such copyright or use it under licence or applicable law.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any information on the website may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without Our prior written permission.

We reserve all other rights in the information and materials on the Website and in the Website itself.

  • Third party content

The Website may contain text, images, data and other content provided by a third party and displayed on the Website (Third Party Content).  We take no responsibility for Third Party Content and make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.  We may not check Third Party Content for viruses or other harmful code.

 

  • Limitation of liability

To the maximum extent permitted by applicable law, We exclude completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Website. This includes, but is not limited to, the transmission of any computer virus.

All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these terms of use which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Our liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:

      1. in the case of goods, their replacement or the supply or equivalent goods or their repair; and
      1. in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

Under no circumstances will We be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Website, these Terms or their subject matter.

The limitations and exclusions of liability contained in this clause 7 also apply for the benefit of Our officers, employees, contractors and agents.

You must ensure that your access to the Website is not illegal or prohibited by the laws applicable to you or in your location.

  • Indemnity

You agree to indemnify, defend and hold Us and Our officers, employees, contractors and agents harmless from all liabilities, claims and expenses, including legal fees and court costs, that arise directly or indirectly from:

      1. your breach of these Terms; or
      1. your activities in connection with the Website.

 

  • No interference

You must not attempt to change, remove, add to, deface, hack or interfere in any way with the Website or any material or content displayed on the Website.

 

  • Entire agreement

These Terms record the entire agreement between the parties and supersede all earlier agreements and representations by the parties about their subject matter.

 

  • Governing Law

These Terms shall be governed by and construed according to the law of New South Wales, Australia.  

Contact Us

If you have any queries or comments concerning any aspect of these Terms, you are welcome to contact So They Can Australia by emailing info@sotheycan.org .