Terms and Conditions

South Australian Health and Medical Research Institute Limited ABN 54 141 228 346 (SAHMRI) is the owner and operator of the website at www.vision5000.org (Website).

The Website has been developed for Vision 5000 program. The Vision 5000 program is a community fundraising initiative. Visitors to the Website are encouraged to support health and medical research by making a donation to SAHMRI, in return for which donors will receive a virtual window at the SAHMRI building on the Website (Virtual Window), subject to these Terms (Donations).

1.Acceptance of these Terms of Use

These Terms govern the use of this Website.

You agree to use this Website only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the site by any third party.

By accessing and using the Website, you acknowledge that you have read and understood the Terms as they exist at that time, and you confirm your acceptance of the Terms.

SAHMRI may vary the Terms at any time, without notice, by displaying the amended Terms on this Website. You should review the Terms each time you use the Website. Your continued use of this Website after changes are posted constitutes your acceptance of this agreement as modified.

SAHMRI does not warrant that your access to the Website or any part of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses, bugs or malicious code or other forms of interference which may damage your system, or represents the full functionality, accuracy and reliability of the materials.

2.Privacy

Any personal information you provide to us using the Website will be used and stored by SAHMRI in accordance with the Privacy Collection Statement and SAHMRI’s Privacy Policy.

3.Donations

Donations to the Vision 5000 program may be made in two ways:

1) Regular donations to SAHMRI in the amount of $30.00 per month (Visionary program); or 2) Single donations in the amounts of $100.00 and over for individuals, or $1,000 and over for organisations.

To make a Donation, you must be at least 18 years of age and and be capable of entering into a legally binding contract with SAHMRI for the making of a Donation in accordance with these Terms.

Donations may be made in Australian Dollars (AUD) only. Donations over AUD$2.00 are tax deductible.

Payment is accepted by credit card only using VISA, Mastercard or American Express. If your payment is declined your Donation will be cancelled.

A Donation submitted by you constitutes an offer by you to us to make a Donation on these conditions and is subject to our acceptance (which occurs when we issue an email acknowledgement of your Donation and accept your credit card payment). You cannot revoke, vary or cancel a Donation once accepted.

4.Virtual SAHMRI Window

One available Virtual Window will be allocated in recognition of each Donation of at least $30.00 per month as part of the Visionary program, single donation of $100.00 by an individual, or a single Donation of at least $1,000 by an organisation. Donors are able to make multiple Donations. Each Donation is processed separately.

Virtual Windows will be allocated for a period of five consecutive years commencing on the date of the donation.

Donors can select an available Virtual Window. Donors can customise their Virtual Window, by providing a name, text of up to 160 characters and an image at the time of making their Donation. Donors can use this to share their vision for a healthier future.

The Vision you provide must comply with paragraph 5 below.

The Virtual Windows exist only in a virtual context on the Website. Donors do not receive any proprietary rights in their Virtual Window. Virtual Windows cannot be sold, licensed or assigned.

5.Vision

The Donor must upload the Vision at the time of making their Donation. Once uploaded, the Vision cannot be modified by the Donor.

By uploading the Vision, you warrant that:

(a)the Vision is your original work and you own all intellectual property rights in that Vision;

(b)the Vision:

a.is not unlawful, fraudulent, defamatory, offensive, obscene, vulgar, harmful, threatening, abusive, harassing or ethically objectionable;

b.is current, accurate and contains no false, misleading or deceptive representations;

c.does not infringe the intellectual property rights, confidentiality rights or privacy rights of any person;

d.does not contain personal information about, or the image or likeness of, a third party unless:

i.that third party is personally known to you;

ii.you have provided them with these Terms, the Privacy Collection Statement and Privacy Policy; and

iii.you have the express agreement of that third party for the Vision to be used in accordance with these Terms (and the express consent of their parent/legal guardian where they are under 18 years of age); and

(c)use of that Vision by SAHMRI and its licensees in accordance with these Terms will not infringe the rights (including the intellectual property rights, confidentiality rights or privacy rights) of any person.

The Donor grants SAHMRI a non-exclusive, world-wide, perpetual, irrevocable, royalty free licence (including the right to sub-licence) to use, modify, edit, adapt, reproduce, publish, communicate to the public and distribute the Vision, for the purposes of the Vision 5000 program, the Website and other SAHMRI marketing and promotional purposes (Vision Licence). The Donor consents to SAHMRI and its licensees infringing any moral rights the Donor has in the Vision (or if the Donor is an organisation, the Donor warrants that it has obtained the consent of relevant individuals to such infringement of their moral rights in the Vision).

If the Vision includes an image or likeness of the Donor (or a third party), the Donor consents (or has obtained the consent of the relevant third party) to the use of their image or likeness in accordance with the Vision Licence, and the Donor waives (or has obtained the waiver of the relevant third party of) any rights they may otherwise have to approve or to object to the use of the Vision in accordance with the Vision Licence and acknowledges (and has received the acknowledgement of the relevant third party) that no payment will be received by them for such use.

SAHMRI reserves the right to reject, modify or remove any Vision at any time if SAHMRI reasonably believes that the Vision does not comply with these Terms. SAHMRI makes no guarantee that the Vision you upload will be published on or in relation to the Website.

6.Security of information

When donating through the Website, our donation processing authority uses 128 bit SSL encryption. Nonetheless, no data transmitted over the Internet is secure, and SAHMRI does not warrant, and cannot ensure, the security of your data. You transmit data using the Website entirely at your own risk.

7.Intellectual property

SAHMRI owns or is licensed to use all intellectual property rights in this Website (including in all underlying source code) and in the content of the Website (including all text, trade marks, logos, images and graphics). Users of the Website do not obtain any licence or other interest in that intellectual property. Nothing in these Terms or on the Website should be construed as providing such licence or other interest.

You may view content or print a copy of material on this Website for your personal, non-commercial use, provided that you do not modify the content in any way.

You must not otherwise copy, adapt, reproduce, publish or distribute content found on this Website in any form, or download, copy and/or use the SAHMRI logo without prior written permission from SAHMRI. You must not frame any of the content of the Website or incorporate it into another Website.

8.Third party website links

This Website may include links to third party websites. Such links do not indicate a relationship between those third parties and SAHMRI, nor endorsement by SAHMRI of such third parties, their products, services or websites. Use of such links is entirely at your own risk and are subject to the terms of those third party websites.

9.Content

This Website and information, names, images, pictures, logos regarding or relating to SAHMRI are provided "as is", without any representation or endorsement made and without warranty of any kind whether expressed or implied. To the maximum extent permitted by law SAHMRI will not be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from the use or in connection with such use or loss of use of the Website, whether in contract or in negligence or otherwise.

SAHMRI strives to keep the information stored on this Website up to date, but cannot guarantee that the information provided is completely accurate. Any mistakes that are brought to our attention will be corrected as soon as possible.

10.SAHMRI liability

To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these Terms and otherwise in respect of goods or services from your use of the Website.

If a supply under these terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability which cannot be excluded. However, to the extent that the ACL permits us to limit our liability, our liability will be limited to:

(a)in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

(b)in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

11.General

You must not (and must not attempt to) interfere with the working of the Website or otherwise breach or circumvent any security or authentication measures of the Website or any other system, network or server connected to the Website.

SAHMRI may terminate your access to the Website at any time without notice.

If any part of these Terms is held to be unenforceable, the remainder of these Terms will continue in full force.

These Terms are governed by the laws in force in South Australia, Australia. You agree to the jurisdiction of the courts of South Australia and the Commonwealth of Australia.

If these Terms are not accepted in full, the use of this Website must be terminated immediately.

If you have any questions or comments regarding the Website, these Terms or the Vision 5000 program please contact us at visionaries@sahmri.com.