THE MULTIPLE SCLEROSIS SOCIETY OF WESTERN AUSTRALIA (INC.)

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Terms of Use

Introduction

These terms and conditions apply to all use and access of this Website. If you do not accept these terms and conditions, you must not use the Website.

Terminology

In these terms and conditions the following terms have, unless the context requires otherwise, the following meanings:

  1. “Claim” means any claim, demand, action, suit or proceeding of any nature, howsoever arising and whether present or future, fixed or unascertained, actual or contingent and whether under statute, contract, tort or otherwise (including the cost of defending or settling any such claim); and
  2. “Loss” means any damage, loss (including direct or consequential loss, or loss of profits), liability, compensation, cost, charge expense or other obligation whether arising under contract, statute, tort or otherwise, and whether arising directly or indirectly.

Amendments to terms and conditions

The Multiple Sclerosis Society of Western Australia (Incorporated) (“the Society”) reserves the right to amend these terms and conditions from time to time.

Limiting Liability

This Website may contain links to other Websites ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. The Society is not responsible for the content or privacy practices associated with linked Websites. The Society’s links with Linked Websites should not be construed as an endorsement, approval or recommendation by the Society of the owners or operators of those linked Websites, or of any information, graphics, materials, products or services referred to or contained on those linked Websites, unless and to the extent stipulated to the contrary.

The placement of advertisements on this Website does not constitute a recommendation or endorsement by the Society of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement. Where the content, material or information made available on this Website or any Linked Website contains opinions or judgments of third parties, the Society does not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice.

The Society will not be liable to you or any person claiming through or on behalf of you, and you release the Society in relation to any Claim that may be made or Loss incurred by you or any person claiming through or on behalf of you at any time arising out of, directly or indirectly, these terms and conditions, or otherwise arising out of the use of the Website or any Linked Website, including without limitation:

  1. any Loss arising from any action taken or reliance made by you on any information or material uploaded or posted by the Society;
  2. any Loss arising from the downloading or subsequent use of the downloaded material;
  3. any Loss arising from the corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Website, any transmissions by other Members in contravention of the Members' obligations as set out in these terms and conditions; and
  4. any Loss arising from your use of or reliance on information or advertisements contained on or accessed through this Website.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits the Society from excluding or modifying the application of, or the Society’s liability under, any such condition or warranty, that condition or warranty will be deemed included but the Society’s liability will be limited for a breach of that condition or warranty to one or more of the following:

  1. if the breach relates to goods,
    1. the replacement of the goods or the supply of equivalent goods,
    2. the repair of such goods,
    3. the payment of the cost of replacing the goods or of acquiring equivalent goods, or
    4. the payment of the cost of having the goods repaired; and
  2. if the breach relates to services,
    1.  the supplying of the services again, or
    2.  the payment of the cost of having the services supplied again.

These terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Refund Policy

If an error is made in the amount of any donation to the Society, the donor must notify the Society of the error within 30 days of making the donation. The notification must be made in writing and sent either by:

  1. email to purchase@mswa.org.au;
  2. fax to 08 9365 4876; or
  3. post to Service & Support, Locked Bag 1, Bentley DC WA 6983

The notice must state the details of the initial donation including the nature of the error, the date of the donation, the amount of the donation and the name of the donor.

The Society is under no obligation to refund a donation if an error has been made, but will reasonably attempt to ensure that genuine errors of the amount donated are rectified. If you have simply changed your mind, the Society will not refund the donation.

The Society reserves the right to deduct from any refund all bank or transaction charges as a result of the Society processing the refund.

The Society will not consider any requests for refunds that are received by the Society after the 30 days have passed since the donation.

If an error is made in the amount of any donation to the Society that is made by the Society or its financial institution(s), a full refund will be made by the Society upon notification of the error and all costs associated with the refund will be borne by the Society.

Copyright

Copyright in this Website (including text, graphics, logos, icons, sound recordings and software), except with respect to advertisements, is owned or licensed by the Society. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

  1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
  2. commercialise any information, products or services obtained from any part of this Website;

without the Society’s written permission.

Trade marks

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.

If you use any of the Society’s trade marks in reference to the Society’s activities, products or services, you must include a statement attributing that trade mark to the Society. You must not use any of the Society’s trade marks:

  1. in or as the whole or part of your own trade marks;
  2. in connection with activities, products or services which are not the Societys;
  3. in a manner which may be confusing, misleading or deceptive; and
  4. in a manner that disparages the Society or the Society’s information, products or services (including this Website).

Governing Law

These terms and conditions are governed by the laws in force in Western Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

If the Society waives any rights available to the Society under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.