1. About VACCA's Websites
These Terms and Conditions (Terms and Conditions) apply to the websites owned and operated by the Victorian Aboriginal Child Care Agency Coop Ltd (VACCA) ABN 44 665 455 609, at the domains vacca.org, awards.vacca.org, linkupvictoria.org.au and deadlystory.com (the Websites).
Your use of the Websites, and any information, graphics, text, software and any other material (Content) available on the Websites is governed by these Terms and Conditions. By using one or more of the Websites you agree to be bound by these Terms and Conditions.
In addition to these Terms and Conditions, additional terms may be included in certain sections of the Websites. We recommend that you review any additional terms wherever they appear. In the event of any inconsistency between the provisions of these Terms and Conditions and those additional terms, the additional terms will prevail.
In this document, the expressions we, us and our are references to VACCA. The expressions you and your refer to each and every individual who accesses or uses any of the Websites from time to time.
3. Links to other websites
The Websites may contain links to third party websites (Linked Websites), including social media such as VACCA's Facebook page. Those links are provided for convenience only and may not remain current or be maintained. VACCA does not sponsor or endorse the operators or content of any Linked Websites. Subject to any applicable law which cannot be excluded, restricted or modified by agreement (Your Statutory Rights), VACCA makes no warranties or representations:
- regarding the quality, accuracy, merchantability or fitness for purpose of any Linked Websites, material, products or services;
- that material on Linked Websites does not infringe the intellectual property rights of any person; or
- that material or functions on Linked Websites comply with applicable privacy and data protection legislation, including the Privacy Act 1988 (Cth) or the Privacy and Data Protection Act 2014 (Vic).
By linking to those websites, VACCA is not authorising the reproduction of material on Linked Websites.
Without limiting the foregoing, where VACCA has partnered with a third party donation platform such as "everydayhero.com.au" or "gofundraise.com.au" or "giveeasy.org", VACCA has entered into an agreement to utilise the services of that third party platform. Funds collected are deposited into VACCA's bank account on a monthly basis. These third party donation platforms have their own terms and conditions and privacy policies, which we recommend that you review separately.
4. Information available at the Website
All information provided by us on the Websites or otherwise pursuant to these Terms and Conditions is provided to you in good faith. The Websites provide the following information:
- The VACCA website (vacca.org) provides general information about VACCA which includes but is not limited to: policies, programs, governance, services, activities, news, events, jobs and ways to support VACCA, including facilitating donations and requests for support. The general VACCA website also has forms for staying in touch and receiving our e-news as well as enquiring about becoming a foster carer, giving feedback or making a complaint.
- The VACCA award site (awards.vacca.org) provides a facility to nominate for the annual Mollie Dyer Award.
- The Deadly Story (deadlystory.com) website provides a cultural portal that helps connect Aboriginal children to their culture.
- The Link-Up Victoria (linkupvictoria.org.au) website provides a support service to the Stolen Generations to find their family and for family to find members who are Stolen Generations.
In addition, the Websites may from time to time contain or make available various message services, email lists, mail out or newsletter services, information about events, campaigns or requests for support or other tools and facilities which may be of use to you.
Whilst VACCA has made every effort to ensure that all features are accurate and free from error, all Website features are provided on an "as is" basis and VACCA makes no representations that the Websites or any Content is entirely accurate, complete or up-to-date. VACCA reserves the right to update or remove information or features on the Websites at any time. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the Websites.
5. Personal information
6. Availability of the Websites
As electronic services are subject to interruption or breakdown, access to the Websites is offered on an "as is" and "as available" basis. VACCA may withdraw access to one or more of the Websites at any time and without notice to you. VACCA does not make any warranties that your access to the information or the Websites will be uninterrupted, timely or secure.
7. User conduct
You are responsible for all of your activity in connection with accessing the Websites.
You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Websites. We reserve the right to report potential criminal activity to appropriate law enforcement agencies. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to one or more of the Websites.
You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal information from any user of the Websites. If you access any personal information about other individuals through the Websites, you must keep that information confidential, and must not use or disclose that information for any purpose unless you have the consent of those individuals.
If we issue you with a password that permits you to access certain parts of the Websites you are solely responsible for the security of that password and your login credentials, and are responsible for any use of the Websites through such access, whether authorised by you or not.
You must take your own precautions to ensure that the process which you employ for accessing the Websites does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of any Website or any Linked Website.
8. Orders and Donations
Content relating to goods available for ordering may be based on information provided by third parties such as the suppliers of those goods. While we aim to ensure that information is kept current and correct, there may be some instances where goods ordered differ in a minor degree from their descriptions. Subject to Your Statutory Rights, any graphics, photos, or illustrations used in relation to goods available for ordering on the Websites may not be fully representative of the goods described and should be used as a guide only.
By placing any order for goods (Order) in the manner described on the Websites, you make an offer to purchase the goods for the price specified on that Website at the time you place the order (Offer). We may, in our sole and absolute discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the goods, an error in the price or the goods description posted on the Websites, or an error in your Offer. You may not cancel an Order once it has been submitted, even if our acceptance or rejection of your Offer is still pending.
Prices for goods displayed on the Websites may change at any time at our sole discretion. You must pay to us the price for the goods that are displayed on the Website at the time you place an Order, plus any applicable delivery and handling charges. Payment must be made with your Order.
Title to the goods shall pass to you on payment in full of the purchase price and any applicable delivery and handling charges. Risk of loss or damage to the goods shall pass to you when the goods are passed from us to our delivery provider for delivery to you. We do not insure Orders, so we recommend that you nominate a secure delivery address.
Any delivery period stated on the Website is an indication only of the anticipated period for delivery of the goods, and does not form part of the agreement for sale of the goods. We may contact you if we anticipate any issues delivering your goods within a reasonable time.
If you place an Order or make a donation through the Website, in addition to Your Statutory Rights, we may consider your request for a refund where:
- you notify us within thirty (30) days of the donation or receipt of the Order;
- you provide us with a copy of your receipt; and
- you indicate the reason for wanting a refund.
Any refund will be at our sole discretion, except where required in accordance with Your Statutory Rights. Refunds of payments via bank account or credit card payments will be made to the same credit card or bank account. References to currency are in Australian dollars unless otherwise specified. Payment must be effected in the manner described on the Website. Unless otherwise specified, prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.
- remember your details and preferences when you return;
- maintain the continuity of your browsing session (e.g. maintaining a shopping cart, making an enquiry or donation);
- use Google Analytics to collect information such as demographics and interests, visits to Websites, what you have previously viewed or clicked on and how you found the Websites or page(s) you visited, length of visit and pages viewed, track the number of unique visitors to the site; and
- tailor our advertising to individuals such as past visitors or 'look alike' groups of past visitors (or other identified group) through advertising networks on other websites.
Using these analytics tools allows us to keep our website services relevant, optimised, easy to use and up to date and helps us understand how people use and engage the sites and information presented.
You can set your browser to notify you when you receive a Cookie and this will provide you with an opportunity to either accept or reject it in each instance. Please note that if you do this, it may affect some of the functions on the Websites and VACCA may not be able to provide you with the full range of services through the Websites if we are not provided with the information collected through Cookies and Google Analytics.
10. Termination and Suspension
We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through one or more of the Websites. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms and Conditions which by their nature shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
Subject to Your Statutory Rights:
- VACCA does not expressly guarantee or warrant the accuracy, adequacy or completeness of Content on the Website;
- all Content is provided on an "as is" basis and without express guarantees or warranties;
- all terms implied by law, except those that cannot be lawfully excluded, are excluded;
- all Content is subject to change without notice;
- VACCA does not warrant that this Website or any Linked Websites will be free from viruses or defects; and
- VACCA makes no warranty that goods or services acquired from us over the Websites will meet your requirements.
This disclaimer set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
12. Limitation of Liability
Subject to Your Statutory Rights, VACCA is not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or in connection with any Content on the Websites, any material on Linked Websites, access or use of the Websites or Content by you or in respect of goods or services supplied pursuant to an Order placed on a Website, howsoever caused, whether in contract, tort including negligence, statute or otherwise. You also agree not to sue VACCA's directors, members, employees, agents and contractors in relation to any of those losses, damages, liabilities, claims and expenses.
Subject to Your Statutory Rights, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. If any legislation prohibits us from excluding or modifying the application of, or our liability under, any implied condition or warranty, our liability will be limited to one or more of the following:
- for goods, the replacement or repair of the goods or equivalent goods, or the payment of the cost of replacement or repair of the goods or acquiring equivalent goods; or
- for services, the re-supply of equivalent services or the payment of the cost of acquiring equivalent services.
You indemnify VACCA and VACCA's respective directors, members, employees and agents in respect of any liability incurred by any of them for any loss or damage, howsoever caused, arising out of or in connection with your breach of these Terms and Conditions or your use of the Website.
14. Copyright and Trademarks
Your access to the Websites is for personal use only. Copyright in the Content on this Website is owned or licensed by VACCA, unless indicated otherwise. Except where necessary for viewing the Content on the Websites or your browser, or as permitted under the Copyright Act 1968 (Cth), other applicable laws, or these Terms and Conditions, you must not:
- adapt, reproduce, store, distribute, print, display, perform, upload to a third party, link to, transmit, publish or create derivative works in any form any Content or any part of the Websites; or
- commercialise any information, products or services obtained from any Content or any part of the Websites without the prior written consent of VACCA or our licensor(s) (as appropriate).
Trademarks used on this Website are owned by VACCA or third parties. You must not use any trademarks used on the Websites without the consent of the trademark owner, including for the following purposes:
- in or as the whole or part of your own trademarks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including the Websites); and
- you must not authorise or assist any person to do any of the acts specified above.
15. Acceptance and changes to these Terms and Conditions of Use
You acknowledge and accept that your use of the Websites indicates your acceptance of these Terms and Conditions. VACCA may at any time vary the Terms and Conditions by publishing the varied Terms and Conditions on the relevant Websites. Amendments will be effective immediately upon notification on the applicable Website. Your continued use of the applicable Website following such notification will represent an agreement by you to be bound by these Terms and Conditions as amended.
The law applicable to the Websites and to disputes arising out of the Websites is the law of the State of Victoria, Commonwealth of Australia. You agree to submit to the exclusive jurisdiction of the courts of that State.
17. Australian residents only
The information contained within the Websites is intended for Australian residents only and is not intended for use by any person who is a resident of any other country. You must ensure your access to, or use of, the Website is not illegal or prohibited by laws which apply to you. If you are accessing the Websites from outside Australia you acknowledge that you are solely responsible for compliance with local laws and regulations, and VACCA will in no event be responsible for, or liable in connection with, your use of any of the Website or Content, or compliance with local laws or regulations including in relation to any personal information of a person outside Australia.
We accept no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond our reasonable control. If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force.
19. Contact Details
You can obtain further information in relation to these Terms and Conditions by contacting us using the following details:
Victorian Aboriginal Child Care Agency (VACCA)
340 Bell Street
Preston Victoria 3072
Phone: (03) 9287 8800
Email: [email protected]
ABN 44 665 455 609
Last updated: 8 October 2019