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AUSTRALIAN BLOOD DONORS ASSOCIATION LTDTERMS OF USE
1. BACKGROUND
Australian Blood Donors Association Ltd ACN 667 097 912 (“Australian Blood Donors Association”) and its associated entities (together, “we”, “us” or “our”) is a not-for-profit limited company dedicated to promoting and supporting blood donation across Australia to combat blood related diseases.
These Terms of Use are intended to explain our obligations as a service provider and your obligations as a User of our Services.
These Terms of Use are binding on any use of our Services and apply to you from the time that we provide you with access to any of the Services. These Terms of Use will govern any upgrades provided by us that replace and/or supplement the original Services.
You accept that your use of the Services includes your unreserved acceptance of these Terms of Use and our Privacy Policy.
By registering for and accessing our Services, you acknowledge that you have read and understood and agree to be bound by these Terms of Use in their entirety in addition to any other applicable laws and regulations and that you have the authority to act on behalf of any person or entity for whom you are using the Services and you agree to these Terms of Use personally and on behalf that person or entity.
If you do not agree to any of these Terms of Use you must not use the Services in any manner.
If you have any particular questions, please contact us at enquiries@blooddonorsassociation.org.au.
2. DEFINITIONS
“Confidential Information” means the confidential information of Australian Blood Donors Association or any of its affiliated entities which relates to the subject matter of these Terms of Use (and the provision of the Services) and includes:
the Data;
information relating to our personnel, policies or business strategies;
information relating to the terms upon which the Services are provided to you;
all written information exchanged between the parties to these Terms of Use;
any other information we identify as confidential, sensitive or private or ought reasonably to be considered as confidential, sensitive or private,
electronically or orally, including the Services but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
“Data” means any data inputted by you or with your authority on our Website through the use of the Services.
“Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
“Membership Fee” has the meaning given to the term in clause 5.2.
“Membership Term” means a period of 12 months commencing on the date the membership is purchased pursuant to clause 5.
“Moral Rights” has the meaning given under the Copyright Act 1968 (Cth) and includes any similar rights existing in other countries.
“Services” means the membership based platform with respect to the provision of information for raising awareness of blood donation across Australia and the provision of a privilege card that provides benefits from different corporations.
“Terms of Use” means these terms of use (as may be changed or updated from time to time by us.
“User” means any person, and where the context permits, includes any entity on whose behalf that person who uses or accesses the Services.
“Website” means the internet site at https://www.eisiapp.com/ which the Services may be accessed.
“you” means the User, and where the context permits, any person you authorise to use the Services on your behalf and “your” has a corresponding meaning.
3. PRIVACY
Your privacy is very important to us. Please refer to our Privacy Policy at https://www.eisiapp.com/privacy-policy/ for further information about how we collect, use, store, process and disclose your personal information.
4. REGISTRATION
4.1 You must register for access to the Services by completing the information requested in the online registration form provided by us on the Website. Any contact information you provide may be used by us in accordance with our Privacy Policy, which also allows you to manage your email subscription preferences and payment details. We may accept or reject any registration form in our sole discretion.
4.2 You represent and warrant that the information provided when registering is accurate, complete and current and that you will update such information from time to time as necessary.
4.3 When completing the registration, you will need to confirm your agreement to these Terms of Use to complete your registration. if you do not so confirm your agreement, your registration will not be processed.
5. MEMBERSHIP AND FEES
5.1 You can register for access to the Services by purchasing a membership via the Website.
5.2 The price for the membership will be displayed at the time of purchase (“Membership Fee”). The Membership Fee is an annual fee for access to the Services for the duration of the Membership Term. If you choose to pay via a third-party biller, your Membership Fee will be charged to your third-party billing account.
5.3 Your membership will automatically renew at the end of each Membership Term for a further Membership Term, unless you cancel your membership. You will receive an email reminding you of the automatic renewal seven (7) days prior to the end of the Membership Term.
5.4 You acknowledge and agree that the Membership Fee is non-refundable and non-transferable.
6. ELIGIBILITY
6.1 As a condition of your using and accessing the Services, you represent and warrant that you:
6.1.1 are an Australian resident who has donated blood within the last five years from registration of a membership;
6.1.2 will only maintain one account at any given time, and if your account is ever suspended or terminated for any reason, you will not create another account;
6.1.3 are not currently prohibited or otherwise restricted from using or accessing the Services;
6.1.4 are not below the age of 18;
6.1.5 are not a competitor of us, and are not using or accessing the Services for the purposes of competing with our business;
6.1.6 will not falsify your Data or other information provided to us during the provision of the Services;
6.1.7 will not violate any of our or any other person’s rights, including but not limited to, Intellectual Property Rights; and
6.1.8 have full authority to enter into any agreement with us in connection with using or accessing the Services, including but not limited to, agreeing to be bound by these Terms of Use, and that doing so does not violate any other agreement which you have with any other party.
7. YOUR OBLIGATIONS
7.1 You must not:
7.1.1 use the Services for any purpose other than for a purpose permitted under these Terms of Use or approved by us in advance;
7.1.2 use the Services in any way that could damage our reputation or the goodwill or other rights associated with the Services; or
7.1.3 permit any third party to use the Services other than as set out in these Terms of Use;
7.1.4 attempt to undermine the security or integrity of our computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
7.1.5 attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access;
7.1.6 modify, publish, transmit, reverse engineer, transfer, sell, create derivate works, distribute, copy, record, reproduce, republish, post, broadcast, upload, communicate, store, or make the content on the Website available to any other person (other than in accordance with these Terms of Use) or in any way exploit any of the Services provided by us, or assist anyone else to do so, unless we permit you to do so.
7.2 You must ensure you protect the Services at all times from unauthorised access, use or damage and you must ensure that all usernames and passwords, and your privilege card required to access the Services are kept secure and confidential. You must immediately notify us of any unauthorised use of your passwords or any other breach of security and you must reset your password and you must take all other actions that we reasonably deem necessary to maintain or enhance the security of our computing systems and networks and your access to the Services.
8. CANCELLATION AND TERMINATION
8.1 Your rights under these Terms of Use to use the Services will terminate automatically without notice from us if you:
8.1.1 fail to comply with these Terms of Use;
8.1.2 are deceased;
8.1.3 become of unsound mind; or
8.1.4 are convicted of an indictable offence.
8.2 You may cancel your membership through your account at any time prior to your renewal date, or as otherwise specified by us or one of our third-party billing partners.
8.3 Cancellation of your auto-renewal will only be effective at the end of the current Membership Term and you will continue to have access to the Services until the end of the relevant Membership Term. No pro-rata refunds will be provided to you if you cancel during the Membership Term.
8.4 Any termination shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of these Terms of Use which is expressly or by implication intended to continue in force after such termination.
8.5 Any termination shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of these Terms of Use which is expressly or by implication intended to continue in force after such termination.
9. WARRANTY AND LIMITATION OF LIABILTY
9.1 To the maximum extent permitted by law, Australian Blood Donors Association makes no representations, nor does it give any warranties, in respect of the Services other than that the Services:
9.1.1 comply with any description provided to you of Services (including on the Website or in marketing material provided to you); and
9.1.2 are provided by us with due care and skill.
9.2 Other than the warranties under clause 9.1 and any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth), all conditions and warranties implied into these Terms of Use are excluded to the fullest extent permitted by law.
9.3 We do not warrant that the Services will be uninterrupted or error free. However, you must notify us immediately of becoming aware of any major errors in the Services upon which we will use all reasonable endeavours to rectify the major error.
9.4 To the maximum extent permitted by law, we will incur no liability to you, nor can you make any claim for breach of any warranty under these Terms of Use if any part of the Services cannot be accessed or are corrupted or damaged as a result of any of your acts or omissions.
9.5 Our total cumulative maximum aggregate liability arising out of or related to the provision of the Services, including for claims relating to breach of contract, breach of warranty, tort (including negligence, strict liability and errors and omissions) or any other cause or form of action shall capped and limited to the Membership Fee actually paid by you to us under these Terms of Use.
9.6 Notwithstanding anything to the contrary herein, under no circumstances will we be liable to you in any amount for any special, incidental, consequential or indirect damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, any and all other commercial damages or loss, or exemplary or punitive damages under on in connection with these Terms.
9.7 You warrant and acknowledge that:
9.7.1 you are authorised to use and access the Services and to access the information and Data that you input into the Services, including any information or Data input into the Services by any person you have authorised to use the Services;
9.7.2 we have no responsibility to any person other than you and nothing in these Terms of Use confers, or purports to confer, a benefit on any person other than you;
9.7.3 you are responsible for authorising any person who is given access to information or Data, and you agree that we have no obligation to provide any person access to such information or Data without your authorisation and may refer any requests for information to you to address; and
9.7.4 the provision of, access to, and use of, the Services is on an “as is” basis and at your own risk;
9.7.5 it is your sole responsibility to determine that the Services meet your personal needs and requirements and are suitable for the purposes for which they are used.
9.8 You acknowledge and warrant that if you use our Services on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise):
9.8.1 you are responsible for ensuring that you have the right to do so;
9.8.2 you agree that you have obtained that person’s authority and consent to use the Services on their behalf and have the authority to agree to these Terms of Use on behalf of that person;
9.8.3 you agree that by registering to use the Services you bind the person on whose behalf you act to the performance of any and all obligations that you become subject to by virtue of these Terms of Use, without limiting your own personal obligations under these Terms of Use; and
9.8.4 the provision of, access to, and use of, the Services is on an “as is” basis and at your (and that person’s) own risk.
10. INDEMNITY
10.1 You agree to indemnify and hold us and our officers, employees and agents harmless (“those indemnified”) from and against any action, liability, claim, loss, damage, proceeding, expense (including reasonable legal costs and expenses) suffered or incurred by any of those indemnified, whether directly or indirectly, in connection with:
10.1.1 your breach or non-observance of any of these Terms of Use;
10.1.2 your breach of any obligation you may have to us;
10.1.3 any breach or inaccuracy in any of your representations or warranties;
10.1.4 your use or access of the Services;
10.1.5 our possession, processing, use or other handling of the Data or related data, documentation or records;
10.1.6 our refusal to provide any person access to your information or Data in accordance with these Terms of Use; and
10.1.7 us making available information or Data to any person with your authorisation.
11. CONFIDENTIALITY
11.1 Unless you have obtained our prior written consent (which we can withhold in our discretion) or unless required to do so by law:
11.1.1 you will preserve the confidentiality of all of our Confidential Information obtained in connection with these Terms of Use or the provision of the Services to you. You will not, without our prior written consent, disclose or make any Confidential Information available to any person, or use the same for your own benefit, other than as contemplated by these Terms of Use;
11.1.2 your obligations under this clause will survive termination of these Terms of Use; and
11.1.3 you shall take all reasonable steps to ensure that your employees, agents, sub-contractors or related entities (if applicable) to which you disclose the Confidential Information to in accordance with these Terms of Use, do not make public or disclose our Confidential Information.
11.2 If you become aware that any of your employees, agents, sub-contractors or related entities (if relevant) disclosed any Confidential Information to any other party, then you shall notify us in writing immediately.
11.3 The provisions of this clause shall not apply to any information which:
11.3.1 is or becomes public knowledge other than by a breach of this clause;
11.3.2 is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
11.3.3 is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
11.3.4 is independently developed without access to the Confidential Information.
11.4 If you are required to disclose our Confidential Information by law, you must disclose only the minimum confidential information required to comply with the applicable law or order and must notify us prior to making such disclosure to allow us to make an objection to its disclosure to the relevant third party (if applicable).
12. DATA
12.1 You agree that we may collect, process, use, disclose, store, and back-up your Data for any purpose (including the purpose of enabling you to use or access the Services and any other purpose related to provision of Services to you including but not limited to optimising or modifying the Services).
12.2 You acknowledge and agree that:
12.2.1 where you create a user account or user profile upon registration, we may collect information from you (including personal information) in support of your registration. You authorise us to retain such inputted information; and
12.2.2 where we collect, process, use, disclose, store, and back-up any of your personal information we will do so in accordance with our Privacy Policy.
13. BACKUP OF DATA
We adhere to best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but do not make any guarantees that there will be no loss of Data.
14. INTELLECTUAL PROPERTY
14.1 Title to, and all Intellectual Property Rights in the Services (including all content made available on the Website) remain our sole property.
14.2 Nothing in these Terms of Use constitutes a transfer of any Intellectual Property Rights.
14.3 Nothing transfers to you ownership of the Services or our Intellectual Property Rights in relation to the Services.
14.4 You acknowledge that we own all the Intellectual Property Rights in the Services.
14.5 We retain full legal rights in and title to the Services whether in its original form or as modified by you or us.
14.6 You will not directly or indirectly do anything that would or might invalidate or put in dispute our title in the Services.
14.7 If any person makes any claim alleging that any of the Services infringes any Intellectual Property Rights or Moral Rights of any person, you must:
14.7.1 promptly notify us in writing; and
14.7.2 cooperate with, assist and act at all times in accordance with our reasonable instructions, in relation to the claim and any consequent investigations, negotiations, settlement and dispute resolution proceedings.
14.8 To the maximum extent permitted by law, you must not:
14.8.1 reproduce, make error, corrections to or otherwise modify or adapt the Services or create any derivative works based upon the Services;
14.8.2 de-compile, disassemble or otherwise reverse engineer the Services or permit any third party to do so; or
14.8.3 modify or remove any copyright or proprietary notices on the Services.
15. OUR RIGHTS
Any express statement of a right belonging to us under these Terms of Use is without prejudice to any of our other rights expressly stated in these Terms of Use or existing at law.
16. SEVERABILITY
If any part or provision of these Terms of Use is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms of Use will be binding on the parties.
17. VARIATION TO TERMS
We reserve the right to change, modify, add or remove portions of these Terms of Use at any time without notice to you, effective upon posting it on the Services. By continuing to use or access the Services following any changes to these Terms of Use, you signify that you have read, understood and agree to be bound by the updated Terms of Use.
18. APPLICABLE LAW
The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. By using the Services on any Device, you hereby submit to the exclusive jurisdiction of the courts of Victoria and waive any and all objections to the jurisdiction or venue in such courts.
