- Terms and Conditions for thesamaritans.org.au
In the context of these terms and conditions, the following words shall have the following meanings:
The Samaritans Incorporated is an Incorporated Association (WA), ABN Number 87429499832, having its registered office at 60 Bagot Road, Subiaco Western Australia, 6008.
“the Website” means any website under the ownership or control of The Samaritans Incorporated from which a link has been created to these terms and conditions;
“the Material” means all of the information, data, text, graphics, links or computer code published on, contained or available on the Website;
“User” means the individual, firm, company or organisation accessing this website or making an Order;
- Applicable terms and conditions
The Website is owned by The Samaritans Incorporated and any use made of this site (including registrations and donations made via the Website), are subject to these terms and conditions.
The Samaritans Incorporated may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.
- Use of the Website
Anyone is entitled to view any non-password protected parts of the Website and to use for their own purposes the information contained therein, provided:
3.1 it is used for information purposes only, for reproduction for personal use only and not for reproduction on any other website or for commercial gain.
3.2 any links created to the Website are notified to and approved by The Samaritans Incorporated before they are created.
3.3 no part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the written permission of The Samaritans Incorporated unless otherwise specified. Requests for such written permission are to be made in writing to the address specified above (attention: The Director).
- Copyright and trade marks
4.1 Copyright in the Material is owned by The Samaritans Incorporated or its content suppliers. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of The Samaritans Incorporated or, where applicable, the respective copyright owner(s) is prohibited.
4.2 The names and logos of The Samaritans Incorporated and all related product and service names, designs marks and slogans are the trade names, service marks or trade marks of The Samaritans Incorporated and may not be used without the prior consent of The Samaritans Incorporated.
4.3 All works in the nature of databases attract database rights.
The website is intended to provide general information only. Users should seek appropriate professional advice before taking or refraining from taking any action in reliance on any information contained in this website. So far as permissible by law, The Samaritans Incorporated does not accept any liability to any person relating to the use of any such information.
Whilst The Samaritans Incorporated has taken every precaution in compiling this site neither it nor any contributors to the site can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, on information contained in or accessed through this internet site.
- Target audience
The Samaritans Incorporated does not represent or warrant that the information accessible via the Website is accurate, complete or correct. The information provided on this Website has not been written to meet individual requirements and it is your sole responsibility to be sure it satisfies your needs prior to using the information in any way for your purposes. Before making any decisions based on the information contained on the Website, you are strongly advised to refer to alternative, independent sources of information to substantiate the basis for your decision.
- Warranty and indemnity
The User warrants to Samaritans that it will not use the Website, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner. The User shall indemnify The Samaritans Incorporated, its employees and agents, harmless against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against The Samaritans Incorporated, its employees, officers and agents, as a result of the use by the User of the Website, the Material or any part thereof for whatever purpose, to the fullest extent permitted by law.
- Limitation of liability
The Samaritans Incorporated hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose). In no event shall The Samaritans Incorporated be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if The Samaritans Incorporated has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information, Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort or otherwise to the fullest extent permitted by law.
- Third party websites
The Website contains links to websites operated by parties other than The Samaritans Incorporated. Such links are provided for the User’s convenience only. The Samaritans Incorporated does not control such websites, and is not responsible for their content. The Samaritans Incorporated inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any goods and services offered by such websites.
- Privacy and Data Protection
Our Privacy Statement is available upon request.
Whilst The Samaritans Incorporated makes all reasonable attempts to exclude viruses and other potentially dangerous software from the website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses and other potentially dangerous software. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.
- Online Transactions
If you would like to speak to someone about your donation, please contact our Fundraising and Development team on (08) 9381 5725 or email [email protected] (Monday to Friday, 9am to 4.30pm).
Although the Website uses encryption security software in areas where on line payment details are accepted, the security of information and payments transmitted via the Internet cannot be guaranteed. Any loss incurred or sustained by any User who transmits information by means of e-mail or other Internet links shall be borne solely and exclusively by such User and in no event shall any such loss in whole or part be borne by The Samaritans Incorporated or it’s agents.
- Force majeure
The Samaritans Incorporated shall not be held to be in breach of its obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.
15.1 If any provisions of these terms and conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
15.2 These terms and conditions constitute the entire agreement between The Samaritans Incorporated and the User and supersede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and Samaritans.
15.3 Any failure of The Samaritans Incorporated to exercise or enforce any of its rights under these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.
The terms and conditions and the use by the User of the Website shall be governed by the laws of Western Australia and the parties hereto submit to the exclusive jurisdiction of the Western Australian courts in all disputes arising out of or relating to the Website and/or any transactions made on the Website, or these terms and conditions.