Website Terms & Conditions

Effective from June 29th, 2018

In these terms and conditions, “us” “we” or “our” means Maddy Jones Foundation Ltd (ACN 627 202 537)  and each of our related bodies corporate from time to time.

Maddy Jones Foundation Ltd is registered as a charity with the Australian Charities and Not-for-profits Commission (ACNC) and endorsed as a deductible gift recipient (DGR) with the Australian Taxation Office.

By using our website you accept these terms and conditions

By accessing this website, you agree to be bound by these terms and conditions (these terms).  If you do not accept these terms, you must not use this website.

These terms must be read in conjunction with any other applicable terms and conditions governing the use of this website, including our privacy policy https://maddyjonesfoundation.com.au/privacy/

If any of these terms are found to be invalid or unenforceable, that invalidity or unenforceability will not affect the remainder of these terms, which will continue in full force and effect.

We may make changes to these terms

We may change these terms from time to time by publishing changes to it on our website.

By using our website, you confirm that you accept these terms and that you agree to comply with them.  If you do not agree to these terms, you must not use our website.

We may make changes to our website

We may update and change our website from time to time for any reason.

We may suspend or withdraw our website

Our website is made available free of charge.  We do not guarantee that our website, or any content on it, will always be available or be uninterrupted.  We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons.  We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.

Eligibility to use our website

Our website is directed to users who are residing in and using this website within Australia.  We do not represent that content available on or through our website is appropriate for use or available in other locations.  If you access our website from outside Australia, you do so at your risk and you are responsible for compliance with laws applicable to your accessing the website from your location.

Prohibited uses

You may use the website only for lawful purposes and in accordance with these terms.  You agree not to use the website:

• in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
• for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
• to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm us or users of the website or expose them to liability.

Additionally, you agree not to:

• use the website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website;
• use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website;
• use any manual process to monitor or copy any of the material on the website or for any other unauthorised purpose without our prior written consent;
• use any device, software or routine that interferes with the proper working of the website;
• introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website;
• attack the website via a denial-of-service attack or a distributed denial-of-service attack; or
• otherwise attempt to interfere with the proper working of the website.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use our website will cease immediately.

Other terms and conditions

Additional terms and conditions may also apply to specific portions, services or features of the website. All such additional terms and conditions are incorporated by this reference into these terms.

How you may use material on our website

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others to content posted on our website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our website in breach of these terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this website.

Please consult your healthcare provider if you have, or suspect you have, a health problem

The information on this website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.  Inclusion of information on this website or links to third party sites is not an endorsement of any organisation, product or service.

Whilst care has been taken in preparing the content of the material and any other information provided on this website, we, our affiliates, licensors and service providers, and each of our and their respective officers, directors, employees, volunteers, contractors, agents, licensors, suppliers, successors and assigns, cannot accept any liability, including for any loss or damage, resulting from the reliance on the content, or for its accuracy, currency and completeness.

Any use of our materials or information by another person or organisation is at the user’s own risk.

Do not rely on information on this website

This website is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the website.

The content on our website is provided for general information only.  It is not intended to amount to advice on which you should rely, and should not be relied upon in lieu of professional and/or medical advice.

Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.

We are not responsible for websites we link to

Where our website contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only.  Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.  We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

Programs and Merchandising

We run various programs, events and functions including, but not limited to, education and fundraising activities.  Should you choose to participate in or attend any of these programs or events you do so at your own risk.  Should the program or event you choose to participate in involve physical exertion or exercise, we recommend you consult your healthcare provider prior to commencement to determine the suitability of our program/event to your level of fitness.

Our programs and events may have their own specific terms and conditions, which are separate and in addition to these terms.  Where an inconsistency exists between the program/event terms and conditions and these terms, the program/event terms and conditions will prevail.

We may from time to time make available for purchase on this website certain merchandise

Under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) a number of Consumer Guarantees may attach to goods purchased through our website.  Should you have any queries or concerns regarding goods purchased through our websites please contact our secretary by emailing admin@maddyjonesfoundation.com.au

Unless otherwise provided for, we expressly limit our liability for breach of a consumer guarantee to the provision of a full refund of the purchase price, or the repair or replacement of the goods or supply of equivalent goods at our sole discretion.

All prices listed on this website include GST where it is applicable.

Limitation of liability

In no event will we, our affiliates, licensors and service providers, and each of our and their respective officers, directors, employees, volunteers, contractors, agents, licensors, suppliers, successors and assigns, be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our website, any websites linked to it, any content on our website or such other websites or any services or items obtained through our website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law.  We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.  Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of our and their respective officers, directors, employees, volunteers, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your violation of these terms or your use of the website, including, but not limited to, your use of any information obtained from the website and any use of the website’s content, services and products other than as expressly authorised in these terms.

Privacy policy

We handle your personal information in accordance with the Privacy Policy which is available on our website at https://maddyjonesfoundation.com.au/privacy/. By agreeing to these terms and conditions, you agree to the terms of the Privacy Policy.

Our Privacy Policy explains that our website may link to other websites operated by third parties.  We make no representations or warranties about the privacy policies of third party websites.

We are not responsible for viruses

We do not guarantee that our website will be secure or free from bugs or viruses.

You are responsible for configuring your technology to access our website.  You should use your own virus protection software.

Rules about linking to our website

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our website must not be framed on any other website.

We reserve the right to withdraw linking permission without notice.

Governing law

These terms, their subject matter and their formation, are governed by the laws of Queensland, Australia.  You and we both agree that the courts in Queensland, Australia will have non-exclusive jurisdiction.

Contact details

Contact Us
For further information about our terms & Conditions, please contact us using the details set out below

The Privacy Officer
PO Box 607, Albany Creek Queensland 4035
1300 667 504
privacy@maddyjonesfoundation.com.au