These Open Doors Terms and Conditions (these T&Cs) set out the terms and conditions which apply to your use of our Website, Open Doors. They legally bind you if you:
- access our Website;
- register to donate and agree to these T&Cs when prompted; or
- enter into an agreement with us that incorporates these T&Cs by reference.
Please read these T&Cs carefully and make sure you understand them. If you do have any questions, please email info@od.org.au.
In these Terms:
Open Doors Australia, we, us and our refer to Open Doors Limited ACN 164 482 731 of Unit 11, 10 Gladstone Road, Castle Hill, New South Wales; and
You and your refer to the person who accesses our Website, registers to donate or enters into an agreement with Open Doors Australia Limited that incorporates these T&Cs by reference (as applicable).
Agreement
The T&Cs comprise a legally binding agreement between you and us. By accessing and using our Website, you acknowledge that you agree to and are subject to these T&Cs.
We can amend these T&Cs at any time, by providing notice to you. By continuing to use our Website after the notice or 30 days after notification (whichever date is earlier), You agree to the amended T&Cs. If you do not agree to the amendments, you may terminate these T&C in accordance with the ‘Termination’ clause below.
1. Agreement on behalf of an organisation
If you are using our Website, or the Open Doors data and services availableon behalf of an organisation (for example, your employer), you agree to these T&Cs for and on behalf of that organisation and promise us that you have full legal authority to bind that organisation accordingly.
2. Authorisation
You may authorise your employees, officers and agents to use this Website on your behalf. In these T&Cs, they are called your Authorised Users. You are responsible for ensuring that your Authorised Users use any Open Doors data and any other products and services available through the Website, in accordance with the T&Cs and the terms of any agreement as though they are you. If an Authorised User ceases to be employed or engaged by you (or is otherwise no longer authorised to act on your behalf) you must ensure that they are no longer able to use your registered account.
3. Confidentiality
3.1 You are responsible for:
(a) keeping confidential your account, usernames, passwords and other related information;
(b) all activity through your registered account; and
(c) all fees associated with that activity.
3.2 If the confidentiality of your registered account or other related information may have been compromised, you must take all reasonable steps to stop any unauthorised access and notify us as soon as practicable by emailing: info@od.org.au.
3.3 We reserve the right to change or revoke usernames and passwords at any time. If we do so, we will provide you with notice.
4. Your Responsibilities and Obligations
4.1 You are responsible for ensuring that your use, and use by your Authorised Users, of our Website complies with all applicable laws and regulations and codes of conduct and does not infringe the Intellectual Property Rights or other rights of any person.
4.2 You must:
(a) not modify, adapt, translate, re publish, distribute, display, reverse engineer, de-compile, disassemble or copy all or any part of this Website including the layout;
(b) not interfere with or disrupt our Website including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
(c) immediately notify us if you become aware of any breach of the provisions of these T&Cs by you or an Authorised User;
(d) comply with any Open Doors Documentation made available by us to you from time to time;
(e) not attempt to circumvent or break any encryption, decryption or other security device or technological protection measure contained in the Website;
(f) not distribute any part of this Website for commercial purposes;
4.3 We may publish information and content including articles, opinions, stories, information, and commentary about our organisation (Materials). The Materials may not be:
(a) resold or distributed in any material form;
(b) stored in any storage media; or
(c) transmitted via any media.
5. Links to Third Party Websites
5.1 Our Website may contain links to other websites owned and operated by other people, businesses or organisations, and these are not under our control (Third Party Links).
5.2 Third Party Links are provided as a convenience to you and the existence of such links on our Website is not our endorsement of those Third-Party Links.
5.3 Additionally, we are not responsible for the content or material contained on any Third-Party Link.
6. Intellectual Property Rights
6.1 We reserve all intellectual property rights in our Website and the Materials.
6.2 All content appearing on our Website, and the Website itself, is protected by copyright and database rights. Any reproduction of our Website, in whole or in part, including the copying of text, graphics or designs without our prior consent or agreement is prohibited.
6.3 Nothing in our T&Cs constitutes a transfer of any intellectual property rights. All the trademarks, trade names, business names, images and logos (Marks) identified and utilised on our Website belong to their respective owners and are either used by us because we own them or because we have a licence to use them from their owner. You must not use, reproduce, copy, republish, upload, transmit, post or modify these Marks in any way, unless other wise authorised by the owner in writing.
7. Privacy
7.1 We collect, use and disclose any personal information you provide us when using our Website in accordance with our Privacy Policy.
7.2 If you would like to learn more about our information collection and handling practices, we have provided a link to our Privacy Policy here.
8. Disclaimer
Our Website, and Third-Party Links are provided to you on an ‘as is’ and ‘as available’ basis. We give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of our Website, Materials or Third-Party Links.
9. Warranties
9.1 You represent and warrant that:
(a) you will not use our Website, in any way that competes with our business or is in breach of these T&Cs;
(b) there are no legal restrictions preventing you from entering into these T&Cs;
(c) all information you provide us in connection with these T&Cs is true, correct and complete; and
(d) you have not relied on any representation or warranties made by us in relation to the Website, unless expressly stipulated in these T&Cs.
10. Australian Consumer Law
10.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Website which cannot be excluded, restricted or modified (Statutory Rights).
10.2 If the ACL applies to You as a consumer, nothing in these T&Cs excludes Your Statutory Rights as a consumer under the ACL. You agree that our liability for the Website provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these T&Cs.
10.3 Subject to Your Statutory Rights, we exclude all express and implied warranties, and all material, work and services are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
10.2 This clause will survive the termination or expiry of these T&Cs.
11. Indemnity
11.1 You agreed to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of our Website.
11.2 We reserve the right to assume exclusive control of any matter for which you are required to indemnify us and you agree to provide assistance at your expense for the purpose of defending and managing such claims as is reasonably requested by us.
12. Limitations of Liability
12.1 To the fullest extent permitted by law, we are not liable to You or any other person for any loss or damage suffered or incurred in connection with:
(a) Your access and use of the Website;
(b) any errors or inaccuracies in the information in respect of the Website; or
(c) delays to, interruptions of or cessation of transmission to or from our Website.
12.2 To the fullest extent permitted by law, we exclude liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.
12.3 Any limitations or exclusions do not apply to our liability for loss suffered or incurred by you for an act or omission by us that amounts to:
(a) fraud or other unlawful acts; or
(b) gross negligence.
12.4 Our liability under these T&Cs will be reduced proportionately to the extent that the relevant liability was caused or contributed to by the acts or omissions of you or your accompanying party or personnel.
13. Termination
13.1 We may terminate these T&Cs at any time by giving 30 days’ written notice to You.
13.2 Termination of these T&Cs will not affect any rights or liabilities that a party has accrued under it.
13.3 This clause will survive the termination or expiry of these Terms.
14. Severability
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.
15. Jurisdiction
Our T&Cs are governed by the laws in force in New South Wales Australia. You and we both agree to submit to the exclusive jurisdiction of the courts of New South Wales Australia.
Last update of these Website Terms and Conditions: January 2024