Endeavour Foundation - website terms and conditions

The Website (endeavour.com.au) is owned and operated by Endeavour Foundation (ABN 80 009 670 704) of PO Box 3555, Tingalpa DC, Queensland, 4173. To contact us, please email [email protected].

These terms and conditions apply to all users of our Website. Our Privacy Policy sets out how we handle your personal information.

In these terms and conditions, the expressions Endeavour, we, us and our are a reference to Endeavour Foundation.

If you use this Website, you are agreeing to be bound by these terms and conditions and any other applicable laws or regulations around the world which apply to this Website and your use of it. If you do not accept these terms and conditions, you are not permitted to use this Website.

We reserve the right to amend these terms and conditions from time to time. We will try to give you reasonable advance notice of any changes, but in any case, amendments will be effective immediately upon notification on this Website. If you do not agree to any change to the terms, you may stop using the Website. Your continued use of this Website following such notification will represent an agreement by you to be bound by the amended terms and conditions.

Other terms that may apply to you

These terms refer to the following additional terms, which also apply to your use of the Website:

• Our Donation Terms and Conditions, which sets out information about donating to us.
• Any other terms and conditions implied or required by law.

Intellectual property rights statement

All intellectual property rights in this Website, including design, text, graphics, logos, icons, sound recordings and all software relating to this Website belong to or are licensed by us. These intellectual property rights are protected by Australian and international laws.

When you access the Website, you are granted a limited, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Website in the form provided.

You are only permitted to access the Website through the proper use of the functionality of the Website.

This licence to use the intellectual property rights in the Website is subject to your strict compliance with these terms, and to any territorial restrictions that may apply from time to time. Any attempt to otherwise access, copy, distribute or create derivative works from the Website content is expressly prohibited and is unlawful.

Except as set out in this section ‘Intellectual property rights statement’, you must not in any form or by any means adapt, modify, upload, reproduce (other than for the purpose of viewing the Website in your browser), store, modify, distribute, print, upload, display, perform, or publish post frame within another website, remove any credits, or create derivate works from any part of this Website, or commercialise any information obtained from any part of this Website without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that third party material.

Linked websites

This Website may contain links to other websites, including through the use of social features. The links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

Secure data

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We don’t warrant and can’t ensure the security of any information which you transmit to us. Accordingly, any information that you transmit to this Website is transmitted at your own risk. If you become aware of any problems with the security of the data or the website, please contact us immediately.

Accuracy and reliability of content

Information on this Website is intended as a general guide only. While we endeavour to provide high quality evidence-based information, and the content of this Website is obtained from sources we consider to be reputable and reliable, we make no representation or warranties about the accuracy, reliability, completeness or suitability for any particular purpose of any material accessed on or through this Website. We have not taken into account the specific objectives, medical history, needs and circumstances of any particular individual in providing this information. You are expected to exercise your own judgment as to the suitability and application of the information provided for yourself and your circumstances. The information on this Website is not, and is not intended to be, professional or medical advice or a substitute for independent professional and medical advice.

Except as expressly set out in these Website terms or to the extent required by non-excludable law, we do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on this Website.

Things you need to be aware of

You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.

You must not use the Website to: engage in unlawful or fraudulent behaviour; to mislead or deceive any person or entity; to interfere with the use of the Website by other users; to introduce malicious code or to circumvent security measures on any website, network, or system; or in any other way we consider unacceptable. You must not access or attempt to access parts of the Website you are not authorised to access.

You must ensure your computer and telecommunications network is secure and must take your own precautions to ensure that the process that you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system or telecommunications network.

Limitation of liability

Any liability of us to you for any loss or damage, however caused and suffered by you in connection with this Website (including by our negligence) is limited to an amount equal to any payments received by us from you in connection with this Website.

You have rights under the Australian Consumer Law which cannot be excluded by contract. Nothing in these terms is intended to limit your rights under the Australian Consumer Law.

Indemnity

You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Website, your breach of these Website terms, any information that you provide to us via this Website or any damage that you may cause to this Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth).

Access to the website is not guaranteed

Access to this Website may be withdrawn at any time without notice. These terms and conditions will survive any such withdrawal.

Governing law and jurisdiction

If a dispute arises regarding the Website or these terms of use, the laws of Queensland, Australia, will apply. In relation to any such dispute, you submit to the exclusive jurisdiction of the courts of Queensland, Australia.

If you access this Website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

Additional legal terms

ENDEAVOUR FOUNDATION, the ENDEAVOUR FOUNDATION logo, the ENDEAVOUR FOUNDATION OPPORTUNITIES FOR PEOPLE WITH A DISABILITY logo, and #TEAMPOSSIBLE are Australian registered trade marks of the Endeavour Foundation. You are not permitted to use them without our approval.

The rights and obligations of the parties under these terms do not merge on completion of any transaction contemplated by these terms. Termination of these terms will not affect any accrued rights or remedies of the parties.

We may subcontract our obligations under these terms, and assign or novate our rights or obligations under these terms.

A clause or part of a clause of these terms that is illegal or unenforceable may be severed from these terms and the remaining clauses or parts of the clause of these terms continue in force.

These terms supersede all previous agreements about their subject matter. These terms embody the entire agreement between the parties.