This terms of use is between Meals on Wheels NSW Limited (ACN 621 449 929) (“MOWNSW”) and you.
The use of the word “you”, “your” in this document means individuals, companies, corporations, partnerships, firms, joint ventures, associations, trusts, organisations, governmental and other regulatory bodies or authorities and other entities, in each case whether having separate legal personality.
By entering into this section of the website (https://nswmealsonwheels.org.au/Get-involved/Volunteer-Training) relating to volunteers of the various Meals on Wheels organisations in NSW (“this website”) to use and access the materials and contents (together “the Permitted Materials”) or in any way submitting your personal or sensitive information through, you enter into an agreement with MOWNSW and acknowledge and agree to be unconditionally bound by the following terms of use as amended from time to time (“Terms”), without limitation or qualification.
Please read these Terms carefully before using the Permitted Materials. You agree that these Terms may be revised at any time by posting amended Terms on this website, and you will be deemed to have accepted any amended Terms by continuing to access this website and that you have been provided with sufficient notice of the amendment. You will be bound by any such revisions and should therefore review the current Terms each time you visit this website.
The current version of these Terms will apply each time you access and use the Permitted Materials. You also agree that MOWNSW may terminate this agreement at any time, to the extent permitted by law. If you do not agree to all of the Terms, please do not continue to use the Permitted Materials.
DISCLAIMER
To the fullest extent permissible by law:
- the Permitted Materials are provided "as is" and without warranties of any kind whether expressed, implied, statutory or otherwise and, MOWNSW disclaims all warranties, whether expressed, implied, statutory or otherwise;
- MOWNSW does not warrant that this website or the Permitted Materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components; and
- MOWNSW does not warrant or make any representations regarding the use or the results of the use of the information and/or materials in the Permitted Materials in terms of their correctness, accuracy, reliability, adequacy, completeness or otherwise.
Nothing on this website and the Permitted Materials will constitute or be construed as legal liability, undertaking or admission by MOWNSW in any way.
MOWNSW cannot guarantee correctness, accuracy, reliability, adequacy, completeness or otherwise of the information and/or materials in the Permitted Materials and such information and/or materials is subject to change without notice and may not be up to date.
All information and materials contained in the Permitted Materials is general information only, and does not take into account factors like the objectives or needs of any individual or business and is not intended to be legal, business, accounting, medical, nutritional, health, fitness or other advice.
EXCLUSION AND LIMITATION OF LIABILITY
While MOWNSW aims to use reasonable efforts to include accurate and up to date information in the Permitted Materials, errors or omissions may sometimes occur.
To the maximum extent permitted by law:
- MOWNSW makes no warranties or representations as to the currency, reliability, correctness, accuracy, adequacy or completeness of the content in the Permitted Materials;
- under no circumstances, including but not limited to, negligence, will MOWNSW or any party involved in creating, producing, or delivering the Permitted Materials be liable to you for –
- any direct, incidental, consequential, indirect, special or punitive damages, losses, liabilities, costs, expenses and/or consequences of whatsoever nature that result from or in connection with any access, the use of, or the inability to use, the materials and/or information in the Permitted Materials or reliance on the materials and/or information in the Permitted Materials,
- any systems, server or connection failure, error, omission, interruption, delay in transmission, computer virus or any use of or access to any other websites linked to the Permitted Materials, even if MOWNSW has been advised of the possibility of such damages.
To the maximum extent permitted by law, MOWNSW and its employees, agents and directors are not liable for any losses (whether direct or indirect) that you incur as a result of accessing or using the Permitted Materials.
To the extent that MOWNSW’s liability or the liability of any of MOWNSW’s employees, agents or directors cannot be excluded, to the maximum extent permitted by law, such liability is limited to the supply of the services again or the payment of the cost of having the services supplied again, and in no event will MOWNSW’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Permitted Materials.
MOWNSW also assumes no responsibility, and will not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website.
RESTRICTIONS
The Permitted Materials are either owned, or licensed for use, by MOWNSW.
Except as otherwise expressly permitted by MOWNSW, no Permitted Materials may be copied, reproduced, republished, modified, stored in a retrieval system, used for creating derivative works, uploaded, posted, transmitted (by any form or by any means), distributed or used in any other way for public or commercial purposes.
You may download the Permitted Materials solely for your own use, provided that you also retain all copyright and other proprietary notices contained in the Permitted Materials.
You may not distribute, modify, transmit, reuse, repost, or use the content in the Permitted Materials, for public or commercial purposes, including the text, images, audio, and video, without MOWNSW’s express written permission.
You will not use the Permitted Materials for any purpose that is unlawful or prohibited by the Terms.
Additionally, you will not:
- use the Permitted Materials in any manner that could damage, disable, overburden or impair them;
- attempt to gain unauthorised access to this website and the Permitted Materials, through hacking, password mining or any other means;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any topic, name, material or other information that incites discrimination, hate or violence towards one person or a group because of their belonging to any race, religion or nation;
- upload or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents to do the same;
- use any material or information, including images or photographs, which are made available in the Permitted Materials in any manner that infringes any intellectual or other proprietary right of any party;
- upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted file or any other similar software or programs that may damage the operation of another’s computer or property of another;
- falsify or delete any author attributes, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in Permitted Materials;
- harvest or otherwise collect information about others;
- violate any applicable laws or regulations;
- create a false identity for the purpose of misleading others;
- use, download, copy or provide (whether or not for a fee) to a person any directory of users of the Permitted Materials.
MOWNSW reserves the right to terminate your access to any or all of this website and the Permitted Materials at any time, without any notice, for any reason whatsoever.
MOWNSW also reserves the right to disclose any information deemed necessary to comply with any applicable law, regulation or legal process.
You are entirely responsible for maintaining the confidentiality of your own passwords and account details.
You are also entirely responsible for any transactions or activities that occur under your account, regardless as to whether such transactions or activities were made with or without your knowledge or authority.
MOWNSW will not be liable for any damage, loss or other liability incurred by you arising from any transactions of any kind whatsoever resulting from the unauthorised use of accounts and passwords by any third parties.
However, you may be held liable for any damage, loss or other liability incurred by MOWNSW for any wrongful use of your account and/or password. You will report to MOWNSW immediately if you know or have reason to suspect that the security of your password and/or account may have been compromised or used by another person without authority.
You must only access or use this website and the Permitted Materials for lawful purposes and in accordance with your agreement with MOWNSW.
By accessing or using this website and the Permitted Materials you consent to any personal and sensitive information you upload to this website and disclose when accessing and using the Permitted Materials or otherwise provide to MOWNSW, being used and otherwise dealt with in accordance with MOWNSW’s Privacy Policy, as updated from time to time (available at https://nswmealsonwheels.org.au/Footer-Links/Privacy). You understand and agree that without such information, MOWNSW may not be able to provide you access to the website or the Permitted Materials.
INDEMNITY
You hereby agree to fully indemnify, defend and hold harmless MOWNSW, its employees, officers, staff, agents, advisers and directors from and against any and all damages, losses, liabilities, costs and expenses (including full legal costs on a solicitor-client basis) suffered by MOWNSW arising from or in connection with:
- your access to or use of any aspect of this website and the Permitted Materials;
- any other party’s access to or use of this website and the Permitted Materials and/or online facilities using your account and/or password;
- your breach of any of these Terms;
- any other party’s breach of any of these Terms where such party was able to access or use this website and the Permitted Materials and/or online facilities using your account and/or password; or
- your infringement of the rights (including the intellectual property rights) of another person.
EVIDENCE OF TRANSACTIONS
MOWNSW’s own records of the transactions maintained through computer systems or otherwise will be accepted as conclusive and binding for all purposes.
Your use of your account and/or password to access or use this website and the Permitted Materials will be recognised as your electronic signature and will be legally binding.
You accept that electronic records will be admissible as original documents in any court of law and agree that you will not challenge or dispute the accuracy or authenticity of such records.
NO WAIVER
No failure or delay by MOWNSW in exercising or enforcing any right or option under these Terms will operate as a waiver of it or limit, prejudice or impair MOWNSW’s right to take any action or to exercise any right against any person or render MOWNSW responsible for any loss or damage arising therefrom or in connection thereto.
SEVERABILITY
The invalidity, unlawfulness or unenforceability of any provision in these Terms in any respect under applicable law will not affect the validity, legality or enforceability of the remaining provisions.
JURISDICTIONAL ISSUES
Unless otherwise expressly set forth herein, MOWNSW makes no representation that information and materials on this website and the Permitted Materials are appropriate or available for use in any location. Those who choose to access this website and the Permitted Materials do so on their own initiative and are responsible for compliance with local laws.
These Terms are governed by the laws of the State of New South Wales, Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia.
MOWNSW reserves any rights not expressly granted in these Terms.
OWNERSHIP OF INFORMATION
Any information (including without limitation any data, questions, comments, or suggestions) that you transmit to MOWNSW, including (without limitation) via this website, by electronic mail or otherwise, will be treated as non-confidential and non-proprietary to you and will become the property of MOWNSW.
Such information may be used for purposes, including but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. MOWNSW is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to MOWNSW via this website or by any other means for any purpose whatsoever, including but not limited to, developing and marketing products using such information.
INTELLECTUAL PROPERTY
MOWNSW reserves all rights, including intellectual property rights, trademarks, service marks, trade names, company names, logos, slogans, copyrights, domain names, patents, design rights, utility models, database rights, know-how, trade secrets and all other intellectual or industrial property rights including, where such rights are obtained or enhanced by registration, any registration of such rights (including the right to apply for such registrations) and applications therefore (including the right to claim priority), text, collations, images, logos, source code and data relating to the Permitted Materials, are the property of, or licensed to MOWNSW.
You agree that all rights (including without limitation intellectual property rights) in any content that you create, contribute to or upload to this website or to the Permitted Materials, will vest in MOWNSW immediately when such rights arise. You agree to provide any assistance to MOWNSW necessary for MOWNSW to assume control and ownership of those rights.
SECURITY REMINDER
While there is inherent risk in using a public medium like the Internet, we have implemented measures to reduce these risks.
In order to safeguard and protect your privacy, the secure site utilises advanced security techniques, which require Google Chrome version 39, Apple Safari version 8, Microsoft Internet Explorer version 8.0 or Mozilla Firefox 28 or above.
DATE LAST UPDATED: 3 December 2020.