Terms of Use
This page sets out the Terms of Use and Sale for the Finding Autism - Female Edition (ABN 29462076724) - website located at www.findingautism.com.au. These Terms of Use apply when you access and purchase products and services from the website. We may change the Terms of Use from time to time by publishing an updated version on our website and that version will supersede all previous versions.
1. Licence to use the website
Subject to you complying with these Terms of Use, we grant you a limited, non-exclusive, revocable, non-transferrable licence, without any right to sublicense, to use the website for the following limited purposes: (i) to learn about Finding Autism and the services and products we offer; (ii) to review any content published on the website; (iii) to use, order or buy services or products we make available online; and (iv) to contact us.
2. Website functionality
The website functionality may change over time and without you receiving notice. It may include the addition or removal of content, products, new features or variations to existing features (such as the look and feel and the user interface). If you are not satisfied with any changes to the website functionality, you may terminate your use of the website and the application of these Terms of Use accordingly.
3. Prohibitions of your use of the website
In addition to all other requirements in these Terms of Use, you must not use the website:
(i) to bring us or the Website into disrepute;
(ii) in any manner which is unlawful or which causes you or us to breach any law, regulation, rule, code or other legal obligation;
(iii) for the purpose of commercial resupply of products or services offered on or available from the website;
(iv) in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website;
(v) to copy, scrape, data-mine, harvest or otherwise appropriate or make available any content from our website, for any reason including to develop or promote any other website, database or e-store, or to resupply our products;
(vi) to obtain or attempt to obtain access to any materials or information through any means not intentionally made available or provided for through the website;
(vii) to harvest or otherwise collect information about others, including e-mail addresses, or to send any junk mail or unsolicited commercial messages;
(viii) to change or attempt to change the presentation, content or layout of any part of the website;
(ix) to attempt to probe, test or circumvent the security aspects of the website;
(x) to use any code or device referring to the website to direct people to another web page or to use any device or mechanism, such as a browser, spider, robot, avatar or other intelligent agent, to navigate or search the website or any of our network(s) other than generally available third-party web browsers (such as Internet Explorer);
(xi) to attempt to modify, adapt, sublicense, translate, sell, decipher, decompile, disassemble, reverse engineer or otherwise disassemble any portion of the website (except to the extent permitted by law); or
(xii) to upload files that contain viruses, corrupted files, or any other similar software or programs that may limit or damage the operation of another’s computer; and
(xiii) to use any content from the our website in a way that otherwise violates these Terms of Use, any third-party right (such as an intellectual property right) or any other law, regulation, rule, code or legal obligation. We expressly reserve the right to take whatever action we deem necessary to protect our interests or the interests of any other third-party.
4. Linking
If we provide links to or from external websites on our website, you access the linked sites at your own risk. Such links do not indicate any relationship between us and the owner or operator of the linked site nor do we grant any licence or right for you to use or access the linked site. We do not endorse, nor are not responsible for, the content, operation or security of any linked site, nor the products and/or services the linked site advertises. Your use of any linked site is subject to the linked site’s terms and conditions.
Please contact us to request permission if you would like to link, frame or mirror any part of our website. You must not proceed without our express written permission. Since we cannot control external websites linking our website, any links to our website should not be considered as our endorsement of the external website or business.
5. Intellectual Property
This website and the products and services available or sold on this website contain material which is protected by Australian and international intellectual property laws, confidentiality and other legal rights and obligations. You may not do anything that interferes with or breaches those laws or the intellectual property rights in the material on our website and this applies to content we provide and content provided by others. You may not:
(i) re-use any of our content in providing your own publications, website, or other type of distribution service or for the purpose of commercial re-supply; or
(ii) reproduce our content without our express written permission or the permission of the copyright owner.
Except for the limited licence expressly granted herein, nothing in these Terms of Use constitutes a transfer of any intellectual property rights to you.
Our trademarks and the trademarks of third parties may be displayed on the website from time to time. Nothing displayed on this website should be construed as granting any licence or right of use of any logo or trademark without the express written permission of the relevant owner.
7. Warnings and Disclaimers
The provisions in this clause are subject to all applicable laws which prohibit or restrict the exclusion or modification of implied warranties and/or limitations on our liability.
To the maximum extent permitted by law:
(1) You assume all risk: The website, including all functionality and content, is provided “as is” and may: (i) contain inaccuracies, errors and/or be out of date; (ii) be unreliable and unsuitable for your requirements and purposes; and/or (iii) not provide the results you desire. Your use of the website and related services is on the basis that you assume responsibility for all associated risks, whether or not those risks are foreseen.
(2) Exclusion of warranties etc: We exclude all representations and warranties in respect of the website and any products or ancillary services we provide and the subject matter of these Terms of Use, other than those expressly set out in these Terms of Use and those which by law cannot be excluded.
(3) Limitation of liability: We limit our liability to you (or anyone else) to the lesser of the amount we have charged you (or, where no amount has been charged, $10) or the cost of us remedying any defect. This means that our total liability (including the total liability of our officers, directors, employees, agents, representatives and third-party suppliers) to you or any other third-party, in aggregate, regardless of the nature of the claim (whether contract, tort, intellectual property-based or otherwise) and whether arising by way of losses, damages or otherwise is limited to the lesser of:
(i) the fees we have charged you (or if we have not charge you any fees, $10); or
(ii) the cost of us remedying any defect;
and all liability in respect of any special, indirect or consequential loss or damage is excluded (except for any consequential loss which cannot be excluded by law, such as that arising under the ACL).
You also agree to waive any claim which you may otherwise have against any of our third-party named partners or collaborators listed or referred to on our website. To the extent that any provision purporting to limit our liability is held to be unenforceable, our liability will be limited to the maximum extent permitted by law.
(4) Where limitation cannot legally be limited, and where our products or services fail to meet the guarantees mandated by the ACL you may be entitled to:
(i) for any major failure and at your option, a refund and compensation for your losses or damages which were reasonably foreseeable; or
(iii) for a non-major failure and at our option, to have the goods (if relevant) repaired or replaced and/or to have the services (if relevant) re-supplied by us and/or to be reimbursed the cost of their re-supply and/or to provide you with a refund.
The security of any payments made in respect of the website is dependent upon the security of our third-party payment systems provider(s). We in no way guarantee or make any recommendations as to the security or reliability of their systems. Any use of their payment systems is entirely at your own risk and you agree that we are in no way responsible for any inadequacy in the security measures or failures in the security of the payment systems. Should you prefer, you may contact us directly on enquiries@findingautism.com.au to discuss any alternative payment method.
8. Your liability to us
You agree to indemnify us and hold us (and our officers, agents and employees) harmless from any claim, demand, loss, cost or expense (including legal fees) made by a third-party arising out of or in relation to your breach of clauses 4 or 6 these Terms of Use.
9. Termination
These Terms of Use may be terminated at any time and for any reason by (i) you, by ceasing all further access to or use of the website or, if you have become a member, by advising us by email; or (ii) us, by ceasing to operate the website, terminating your membership or advising you by email. Termination may be of immediate effect and without any prior notice. Any rights, obligations and liabilities which have accrued at the point of termination will continue beyond and survive termination.
10. Miscellaneous
You agree that all notices and communications are effectively given to you if they are sent to your last advised email address. Please ensure you keep us up to date with your current working email address and ensure that our emails do not get routed to your “junk” email folder or otherwise filtered such that they are not delivered.
If you are accessing the website on behalf of an organization or company, you must be duly authorized to accept these Terms of Use on behalf of that organization or company. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use. If you do not comply with these Terms of Use you should immediately cease all use of the website.
These Terms of Use form the entire agreement between you and us with respect to the subjects set out in these Terms of Use. If any provision of these Terms of Use is invalid or unenforceable, the relevant provision shall be deemed to be removed and replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall continue in full force and effect. Any failure to assert any right under the Terms of Use does not constitute a waiver of such right. No waiver of any term of the Terms of Use will be deemed a further or continuing waiver of that term. These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia and each party submits to the exclusive jurisdiction of the courts located in that state.
11. Definitions
In addition to the definitions already set out: “content” means any information, opinions, commentary, graphics and any other materials viewable on the website or otherwise transmitted using the website; “including” and “may include” mean “including but not limited to” and “may include (without limitation)” respectively; “the website” means www.findingautism.com.au and all content residing in that domain, including the website functionality, the layout, design and underlying code and systems, and including the many ways you can access the website including without limitation desktops, tablets, mobile phones and RSS feeds; “we”, “us” and “our” refers to Finding Autism; “website functionality” means the nature, composition, features, availability, functions and all other aspects of the operation of the website; and “you” and “your” refer to (i) you as a website user personally and (ii) if you are accessing the website within the scope of your employment and/or on behalf of an organisation or company, that employer and/or company (as appropriate).
(Updated as at April 2022)