Terms and Conditions

Mirboo North - credit: Zac Porter

This is the website of Rotary South Coast. You should review the contents of Our Website Terms and Conditions before proceeding to visit, access, view or use Our Website and before acquiring any products and services referenced on Our Website, including third party products from third party providers. By using the pages in this website, you agree to these terms and conditions. If you do not agree, you should not use this website. We may change or update these terms and conditions from time to time.

By visiting, accessing, viewing or using Our Website or acquiring products referenced on Our Website, You:

  • Express Your understanding and acceptance of the matters set-out in these Website Terms and Conditions;
  • You warrant to Us that You have the legal capacity to enter an agreement on the terms and conditions set out in Our Website Terms and Conditions;
  • You enter into a legally binding agreement with Us on the terms and conditions set out in Our Website Legals.

License to Use Website

Subject to compliance with Our Terms and Conditions, We grant You a limited, non-exclusive and non-transferable license to use Our Website in accordance with Our Website Legals (License).

The content on this website is for general information and promotional purposes only. Rotary South Coast does not warrant or make any representations as to any third party products or services described or referred to on this website. Any use of this website’s content, materials or information by another person or organisation is at your own risk.

Intellectual Property

The content and materials displayed on the Rotary South Coast website, including without limitation all editorial materials, information and text, photographs and images, illustrations, artwork and other graphic materials, and names, logos and trademarks, are Our property (or we are licensed to use them) and are protected by copyright, trade mark and other intellectual property laws (Intellectual Property). You are not permitted to use any trademarks, logos or trade names appearing on this website.

The content 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 third party content on this website is not an endorsement of any organisation, product, service or advice.

You may save a local copy or print a copy of material at this site for your own personal non-commercial use, provided the copyright notice on the material is not removed or altered in any way. However, you may not charge for such use and any commercial use is expressly prohibited. This means, for example, that you must not post material from this site to a local intranet site, or distribute the material for your own commercial purpose, without the copyright owner’s permission. All intellectual property rights, including copyright, in this website and its content are owned or licensed by Rotary South Coast or any of its related entities. All rights are reserved. Apart from any use permitted under the Copyright Act 1968 (Cth), you must not reproduce, copy, frame, modify, retransmit, disseminate, sell, publish, broadcast, circulate or distribute the material at this website without the consent of the copyright owner.

We do not grant You any license or right in, or assign all or part of, Our intellectual property rights in the content or applications incorporated into Our Website or in the user interface of Our Website. You are welcome to link to this site, provided that in doing so: you do not use any trademarks featured without the permission of the trademark owner you do not link to this site from a site or in a manner which disparages the reputation of Rotary South Coast, its related bodies corporate, related entities, suppliers, partners or sponsors.

For permission to use text information or photographs from this website in a manner other than that stated above, please contact us. If you have any questions about this website, or if you find any errors, please Contact Us.

Submissions On or Via Our Website Any material You send to Us on or via Our Website (including without limitation any data, questions, comments, suggestions, ideas or other information) will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose we see fit without compensation to You. You agree that you will not submit any information unless you are legally entitled to do so.

Restrictions and limitations of liability

Any representation, warranty, condition, guarantee or undertaking that would be implied in these terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. Subject to the remainder of this section, Rotary South Coast does not warrant the accuracy, adequacy, reliability or completeness of the information and materials in this website and expressly disclaims liability for errors or omissions in such information and materials. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of Rotary South Coast for a breach of a non-excludable guarantee is limited, at Rotary South Coast's option, to:

  • in the case of goods supplied or offered by us, any one or more of the following:
    • the replacement of the goods or the supply of equivalent goods
    • the repair of the goods
    • the payment of the cost of replacing the goods or of acquiring equivalent goods
    • the payment of the cost of having the goods repaired in
    • the case of services supplied or offered by us
    • the supplying of the services again
    • the payment of the cost of having the services supplied again

Rotary South Coast will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with this website, the content on this website, all links to or from this website or the goods and services advertised or referred to on this website.

The maximum aggregate liability of Rotary South Coast for all proven losses, damages and claims arising out of or in connection with these terms or a supply under these terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.

Links to Third Party Websites / Third Party Suppliers

Our Website contains links to other websites operated, controlled or produced by third parties and third-party providers. Unless otherwise indicated, We do not control, endorse, sponsor, evaluate or approve any, third-party websites or their content nor do We provide any warranty or take any responsibility whatsoever for any aspect of those websites, their content, accuracy or the products and/or services they provide.

The views of others included on third party websites, whether linked to Our Website or not are not necessarily the views held by Us. We do not assume any responsibility for acts or omissions of those who have authored or made accessible that content. Facebook, Twitter and other third party websites which are linked to this website, are not covered by these terms, and may have their own terms and conditions, privacy policy or similar documents. If you choose to access these third party linked sites, you do so at your own risk. Rotary South Coast is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. Rotary South Coast is not responsible for and will not be liable in respect of any incorrect link to an external website.

Interference With Our Website

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with Our Website or any material or content displayed on Our Website. Without limiting the forgoing, You must not add any content to Our Website:

  • Unless You hold all necessary rights, licenses and consents to do so;
  • That would cause You or Us to breach any law, regulation, rule, code or other legal obligation
  • That is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threating, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy
  • That would bring Us or Our Website into disrepute That infringes the Intellectual Property or other rights of any person.

You warrant to Us that You have complied with the preceding sub-clause. Should You not comply or act contrary to any of the matters in that sub-clause You agree to indemnify and hold Us harmless against any and all claims, actions, proceedings, losses, damages, expenses and costs including without limitation reasonable legal expenses arising directly or indirectly out of or in connection with Your use of Our Website.

If You wish to establish a link to Our Website, You must first seek approval from Us and provide the URL of the website that You seek to establish a link from, a brief description of Your website and the reason that You wish to establish a link. If We agree to Your proposed link, You must comply with any terms and conditions imposed by Us as a condition of such agreement. If the nature and/or content of Your website changes in any material way, You must contact Us and provide a new description of Your website so We may assess whether to continue that approval.

Disclaimer

The material in this website could include technical inaccuracies or typographical errors. Rotary South Coast may make changes or improvements at any time. Information on the Rotary South Coast website, or those of any of its related entities, or related bodies corporate, is provided with the understanding that Rotary South Coast is not rendering professional advice or recommendations. You should not rely on any information on this website to replace consultations with qualified professionals to meet your individual needs.

Donations

The below is general in nature, does not take account of your individual circumstances.

General Donation Terms

Rotary South Coast is an incorporated Not-for-Profit entity in Victoria.  It is a Deductable Gift Recipient (DGR) under Australian tax law, therefore donations will be tax deductable.

Donations to Rotary South Coast must be voluntary, unconditional and not the result of, or subject to a contractual obligation or pre-existing agreement. Donations are non-refundable and not subject to GST.

Donors and their associates must not receive any material benefit, advantage, right or privilege and not act on an expectation that a material benefit, advantage, right or privilege will be returned to them in return for their donation.

Donors may nominate aRotary South Coast initiative or project as the preferred recipient of their donation. Rotary South Coast is not obliged to allocate any donation to a preferred project or initiative, however, we will take into account donor wishes.

The proceeds of your donation may be applied to activities undertaken directly by Rotary South Coast or by third parties who are funded by Rotary South Coast  with the intention that the funds will be used by that third party to undertake similar activities.

Acceptance of Donations

Rotary South Coast welcomes gifts and donations from the community, businesses and organisations that support its objectives. However, we may decline a donation at our discretion without giving a reason. In particular, we may decline a gift where:

  • the cost of acceptance would be greater than the value of the donation;
  • the offer of the gift is dependent on fulfilment of any conditions;
  • the source of the funds is not consistent with Rotary South Coast objectives or values or
  • the donor intends the donation to be spent on electoral expenditure or the creation or communication of electoral matter.

Disputes and refunds regarding donations

All complaints, grievances and disputes will be treated seriously, quickly and in a timely manner, having due regard to procedural fairness and confidentiality. All parties are required to participate in the dispute resolution process in good faith. If you believe that there has been an error with your donation, please feel free to Contact Us so that we can resolve your query quickly. Any issues should be directed to Rotary South Coast in the first instance so that we can attempt to resolve the matter. If you are not satisfied with the outcome you can still refer it to your financial institution which may obtain details of the disputed transaction and may lodge a claim on your behalf.

Links to Payment Platforms

Where a payment application that stores, processes and/or transmits data is used to receive payment, We will endeavour to provide an environment which is compliant with appropriate data security and cybersecurity standards.

General terms

Prohibited uses

You agree that in accessing and using this website, you will not engage or attempt to engage in any activities that:

  • download (other than page caching) or modify this website or any portion of this website;
  • impersonate or falsely claim to represent a person or organisation;
  • are commercial, including selling, marketing, advertising or promoting goods or services;
  • frame this website without Rotary South Coast express written permission;
  • post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use this website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights;
  • post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate;
  • bypass (or attempt to bypass) any security mechanisms imposed by this website;
  • provide access or links to any material (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;
  • delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in this website; or knowingly post or transmit or permits the posting or transmission of any material, which contains a computer virus or other harmful data, code or material.
  • permission to use Our Website does not include the right to use any data mining robots or other extraction tools or to metatag or mirror Our Website.

Access and communication

Subject to the consumer guarantees provided for in the ACL, Rotary South Coast does not warrant that you will have continuous access to this website and will not be liable if this website is unavailable to you. Whilst Rotary South Coast takes reasonable precautions to protect information transmitted via this website, Rotary South Coast cannot and does not guarantee the security or confidentiality of these communications or the security of this website. Rotary South Coast does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across this website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

Termination of your access to this website

Rotary South Coast may at any time immediately terminate your access (including restricting access) to this website or any feature of this website for any reason (including due to your breach or alleged breach of these terms) in its sole discretion and without prior notice.

Jurisdiction and law

These terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of, or relating to these terms, their performance and subject matter.

International use

We make no representation or warranty that any offering or content accessible through this website is appropriate or available for use in locations outside Australia. If you choose to access this website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access this website from any location where doing so would be illegal.

Severability

Each provision of these terms is severable from the others and no severance of a provision will affect any other provision. Feedback and complaints handling procedure Rotary South Coast welcomes feedback and uses best efforts to attend to all complaints promptly. Please feel free to Contact Us.