Terms of Use

 

These Website Terms of Use apply to the websites owned and operated by CRPS Network Australia Inc. (CRPSna) under the domain names “CRPSnetworkAustralia.org.au” and “walkorwheel.org.au” (the Websites).

Your use of the information, graphics, text, software and materials (Content) on the Websites is governed by these Terms of Use and by using the Websites you agree to be bound by these Terms of Use.

The Websites may be accessed throughout Australia and overseas. CRPSna makes no representation that the Content on the Websites complies with the laws of any country outside Australia. If you access the Websites from outside Australia, you are responsible for ensuring that that your access to, downloading of, use of or reliance on the Content contained in the Websites is in compliance with all laws in the place in which you are located.

References to currency are in Australian dollars unless otherwise specified.

 

Disclaimer

While CRPS Network Australia Inc. has used its best endeavours to ensure that Content contained in and accessed through the Websites are correct and current at the time of publication, we are not responsible for errors, omissions or defects in the Content, nor liable for any consequential damages, in whole or in part, resulting from your use or any user’s use of or reliance upon the Content or Content in any third party web sites (Third Party Sites) linked to the Websites.

The Websites provide general information about CRPSna and CRPSna’s various programs, services and activities, as well as interactive facilities and Content generated by users of the Websites.

The Websites may contain Content on issues relating to Complex Regional Pain Syndrome (CRPS), for general educational and informative purposes only. The Content is generic and does not take into account the circumstances, physical wellbeing or medical requirements of a particular person which are relevant to the correct diagnosis and treatment of any problem, condition, disease, injury, ailment or disorder. The Content is not diagnostic or prescriptive and does not replace the services or advice of a qualified health care professional. The Websites do not give, or purport to give, any medical advice. Do not disregard seeking expert medical advice or delay seeking it because of any Content on the Websites.

The Websites may from time to time contain or make available various message services, email lists, mailout or newsletter services, social networking facilities, blogs, forums, or other tools and facilities which may be of use to you. Whilst CRPSna has made every effort to ensure that any such features are accurate and free from defect, CRPSna does not warrant the accuracy, correctness or completeness of these features, which are provided on an “as is” basis.

User Conduct

You are responsible for all of your activity in connection with accessing the Websites. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Websites. You may not, without our consent, post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal information or research participation from any Website user. The Websites are provided for personal, non-commercial use only unless we agree with you otherwise.

We may permit you to place Content on the Websites (including posting messages, uploading files, inputting data or engaging in any other form of communication). By submitting Content for potential inclusion in a Website, you grant to us an irrevocable, perpetual, royalty-free, non-exclusive, worldwide licence to do the following with respect to the Content:

  • use, reproduce, modify, sublicence, redistribute, adapt, transmit, publish, broadcast and display the Content and create derivative works from the Content; and

  • sublicence any of those rights to third parties.

You acknowledge that Content that you send to, or attempt to include in a Website, may not reach or be correctly displayed on that Website for a variety of reasons including but not limited to mechanical, software, computer, telecommunications or electronic failure. You further acknowledge that, to the extent permitted by law, CRPSna is not liable to you or anyone else in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the receipt of information by, or the inclusion of Content in, or a failure to receive or include Content in, the Websites, for whatever reason.

You must not send any Content or links for inclusion on a Website which in any way whatsoever:

  • is fraudulent, misleading or deceptive (including impersonating another person or misrepresenting a connection with another person or entity);

  • infringes any third party’s copyright, patent, trade mark, trade secret or other intellectual property rights or proprietary rights or rights of publicity or privacy;

  • violates any law, statue or regulation, or constitutes, or encourages conduct that would constitute a criminal offence (including prohibitions on spam messages);

  • is defamatory, libellous, unlawfully threatening or unlawfully harassing;

  • is harmful, threatening, abusive, hateful, offensive, discriminatory, defamatory, obscene, vulgar, pornographic, profane or indecent;

  • promotes, directly or indirectly, the use or supply of tobacco products or therapeutic goods;

  • impinges on any other user’s use or enjoyment of the Website;

  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

  • contains any computer viruses or other harmful component; or

  • contains any ‘prohibited content’ or ‘potential prohibited content’ within the meaning of Schedule 5 of the Broadcasting Services Act 1992 (Cth).

Any Content that you send to, or attempt to include in the Websites may be made publicly available to all users of the Website and CRPSna accepts no responsibility for third party use of that Content. Whilst under no obligation to do so, CRPSna retains the right to review, edit, and remove any information whatsoever from any part of the Websites at any time and without notice to you.

If you access any personal information about other individuals through the Websites, you must keep that information confidential unless you have their consent.

If we issue you with a password that permits you to access certain parts of this Websites (or you select your own password), you must protect the security of your password and ensure that it is not easy for others to guess. You must also protect the security of your email account used to register, as we may send password reminders to that account where we are requested to do so on one of the Websites. You are solely responsible for any use of the Websites through such access, whether authorised or not.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Websites. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

 

Orders

Content relating to goods available for ordering may be based on information provided by third parties such as the suppliers of those goods. While we aim to ensure that information is kept current and correct, there may be some instances where goods ordered differ in a minor degree from their descriptions. Any graphics, photos, or illustrations used in relation to goods available for ordering on the Websites may not be fully representative of the goods described and should be used as a guide only.

By placing any order for goods in the manner described on a Website, you make an offer to purchase the goods for the price specified on that Website at the time you place the order (Offer). We may, in our sole and absolute discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the goods, an error in the price or the goods description posted on the Website, or an error in your Offer.

Cancellations of orders for goods are accepted only if your order has not been dispatched. Please contact us if you wish to cancel your order.

Prices for goods displayed on the Websites may change at any time at our sole discretion. You must pay to us the price for the goods that is displayed on the Website at the time you place an order, plus any applicable delivery and handling charges. Payment must be made with your order. 

Title to the goods shall pass to you on the physical delivery of the goods to the address identified by you in your order. Risk of loss or damage to the goods shall pass to you when the goods are passed from us to our delivery provider for delivery to you. We do not insure orders, so we recommend that you nominate a secure delivery address.

Any delivery period stated on the Websites is an indication only of the anticipated period for delivery of the goods, and does not form part of the agreement for sale of the goods. We may contact you if we anticipate any issues delivering your goods within a reasonable time.

If you change your mind about an item you have purchased, and wish to exchange it for something else, please contact us. If we agree, you may return the item to CRPSna within 14 days of receiving it, where it is in saleable condition with tags, receipt and original packaging. Delivery charges will be at your expense.

CRPSna will not accept returns where you have caused the goods to become unmerchantable or failed to take reasonable steps to prevent the product becoming unmerchantable or the product has become damaged by abnormal use.

Limitation of Liability

The Websites are provided by CRPSna on an ‘as is’ basis. To the fullest extent permissible by law:

  • CRPSna may withdraw the websites at any times and without notice to you;

  • CRPSna does not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Websites or the Content or products on Websites;

  • CRSna expressly disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose;

  • CRPSna does not warrant that the functions on the Websites will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits Content to you is free of viruses or other harmful components; and

  • CRPSna does not warrant or make any representation regarding your access to, or the results of your access to, the Websites (including any Third Party Sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances(including but not limited to any act or omission on the part of CRPSna) do we accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access, the Websites.

You expressly acknowledge and agree that CRPSna does not exert control over users of the Websites (including individuals referred to on the Websites) and is not liable either for their opinions or their behaviour including any Content and/or advice and any defamatory statements or offensive conduct.

 

Third Party Websites

 The Websites may contain links to third party websites. CRPSna does not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, CRPSna makes no warranties or representations:

  • regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services; or

  • that material on linked websites does not infringe the intellectual property rights of any person. By linking to those websites, CRPSna is not authorising the reproduction of material on linked websites.

 

Warranties

 While we have made every effort to ensure that the Content is free from error, CRPSna does not guarantee or warrant the accuracy, adequacy or completeness of Content on the Websites. All Content is provided on an “as is” basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content is subject to change without notice. CRPSna does not warrant that the Websites or any linked websites will be free from viruses or defects.

CRPSna’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of CRPSna to the following:

  • In the case of services, the supply of the services again or the payment of the cost of having the services supplied again; and

  • In the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.

 

Termination and Suspension

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through the Websites as well as the Websites themselves at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Websites may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

 

Indemnity

 You indemnify CRPSna in respect of any liability incurred by CRPSna for any loss or damage, howsoever caused, suffered by CRPSna as a result of your breach of these Terms of Use or your use of the Websites.

 

Copyright and Trade Marks

Copyright and restriction on use of Content

© CRPS Network Australia Inc. 2017. All rights reserved.

All Content, software and advertisements on the Websites are protected by Australian and international copyright and trademark laws.

Content on the Websites are published in real-time. Using an industry standard Web browser, you may download, display and browse the Content including making copies in a temporary storage device necessary to facilitate browsing and print hard copies in unaltered forms for your own personal, non-commercial use provided that you:

  • do not download the Content in its entirety as a single file;

  • do not modify the copy of the Content from how it appears on the Website;

  • include the copyright notice ‘© CRPS Network Australia Inc. 2017’ in the copy of the Content; and

  • comply with all provisions of the Copyright Act 1968 (Cth) and all other relevant Australian and international copyright and trademark laws.

You must not otherwise modify, copy, reproduce, adapt, frame, publish, transmit (including broadcast), distribute, upload to a third party, link to or otherwise use any of the material on the websites, including audio and video excerpts, except as expressly permitted by law or with CRPS Network Australia’s prior written consent.

You must not use the Websites in any manner or for any purpose that:

  • is unlawful;

  • violates any rights of our organisation; or

  • is prohibited by the Terms of Use.

You may not use CRPS Network Australia’s trade marks in connection with any product or service that does not belong to us or in any manner that is likely to cause confusion, or that disparages or discredits our organisation.

You may not use our trade marks in any way, including, without limitation, in advertising or publicity relating to distribution of materials, without the express prior written permission of CRPSna.

All other trade marks displayed on the Websites are trade marks of their respective owners. Nothing contained on the Websites should be construed as granting a licence or right to use of any trade mark displayed in the Websites without the express prior written permission of CRPSna or the owner of the relevant trade mark.

Acceptance and Changes to these Terms of Use

 You acknowledge and accept that your use of the Websites indicates your acceptance of these Terms of Use. CRPSna may at any time vary the Terms of Use by publishing the varied Terms of Use on the Websites. You accept that by doing this, CRPSna has provided you with sufficient notice of the variation.

 

Applicable Law

 The Terms of Use are governed by and to be construed in accordance with the laws of Western Australia, Australia and the Commonwealth of Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Western Australia and Australia. If any provision of the Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use that will continue to have force and effect.

CRPSna makes no representation that the content of the Websites complies with the laws of any country outside Australia.

All rights not expressly granted herein are reserved.