VACCHO Website Terms of Use

Introduction

Welcome to the Victorian Aboriginal Community Controlled Health Organisation (VACCHO) website (https://www.vaccho.org.au/) (the Website).

VACCHO would like to acknowledge and pay respects to the Traditional Owners of the lands on which we work, and their Elders past and present, and extend that respect to all Aboriginal and Torres Strait Islander visitors to the Website.

Aboriginal and Torres Strait Islander visitors are warned that the Website may contain references, images, and voices of deceased Aboriginal and Torres Strait Islander people.

Please ensure that you read these terms and conditions (Terms of Use) carefully as they govern the way you can, and must not, use the Website. These Terms of Use also describe the promises you make to us about your use of the Website.

By accessing and/or using the Website, you indicate your acceptance to be bound by these Terms of Use, and agree that you have had sufficient opportunity to read and understand them

Purpose

This Website has been established to solely for the purpose of providing information to users about VACCHO, the Victorian Aboriginal health sector, VACCHO affiliates, Members and stakeholders.

The Website is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should seek the advice of an appropriately qualified healthcare professional before making decisions about your own circumstances. You should not disregard professional medical advice, or delay seeking it, because of any information contained on this Website.

Scope

These Website Terms of Use applies to anyone using VACCHO website.

Website Terms of Use

Please read the following terms and conditions (Terms of Use) carefully as they govern your use of this Website. By accessing the Victorian Aboriginal Community Controlled Health Organisation (VACCHO) website (Website), you agree to these Terms of Use.

Privacy

By agreeing to these Terms of Use, you also agree to our Privacy Collection Statement and Privacy Policy.

If you would like any further information about our Privacy Policy, please contact us here.

General disclaimer

Access and/or use of the Website is entirely at your own risk. You must only use the Website in accordance with these Terms of Use and any applicable law. You should immediately cease using the Website if you do not agree to these Terms of Use.

To the maximum extent permitted by law, in no event will we (including us, our affiliates, third-party suppliers, or related service providers, or any officer, director, employee, sub-contractor, agent, body corporate, licensor or successor) be liable for any direct, indirect, incidental, special, exemplary, or consequential loss, liability, costs, damages, charges or expenses – irrespective of the manner in which it occurs whether arising in contract, tort (including negligence) or otherwise – which may be suffered as a result of:

• your use of the Website or the information contained and incorporated on the Website;
• the unavailability, inaccessibility or interruption of usage of the Website;
• the Website or information being incorrect, incomplete or not up to date;
• the Website being provided to you free-of-charge;
• any delay or failure in performance beyond our reasonable control;
• loss of data; or
• content or services not being sufficient for your purposes or not meeting your individual requirements.

Notwithstanding anything else in these Terms of Use, if any of the exclusions or limitations set out above are declared illegal or void, then to the extent permitted by law, our liability for breach of a warranty implied into these Terms by the Australian Consumer Law (or otherwise) is limited, at our discretion, to either supplying, replacing, or repairing the Website, in respect of the breach.

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers, and nothing contained in these Terms excludes, restricts, or modifies any condition, warranty, right or remedy implied or imposed by statute or regulation if it cannot lawfully be excluded, restricted or modified.

Specific warnings and disclaimers

The information contained on this Website is provided by us in good faith and on an ‘as is’ basis. The information is believed to be accurate and current as at the date the information was placed on this Website. You exercise your own skill, judgement, and care with respect to your use and reliance on the information. Neither the website nor the information is intended to be comprehensive.

We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website, or that your use of this Website will be uninterrupted or error free. We make no warranty and disclaim all responsibility that the Website is of merchantable quality or fit for a particular purpose and will be secure.

You should not act based on anything contained on this Website without first obtaining professional advice specific to your circumstances. Never disregard professional health or medical advice or delay in seeking treatment because of something you have seen on this Website. You must make your own assessment of the information contained on this Website and, if you choose to rely on it, it is wholly at your own risk.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of this Website or a Linked Website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

You acknowledge and agree that we retain complete control over the Website and the information, and may alter, amend, or cease operation of the Website, or remove, modify, or add to the Website, at any time without notice in our sole discretion. However, we do not undertake to keep this Website updated and we will not be liable to you or anyone else if errors occur in the information on this Website or if that information is not up to date. The Website may not operate on a continuous basis and may be unavailable from time to time (including for maintenance or upgrade purposes).

To the extent permitted by applicable law, all implied conditions, representations, warranties, and other terms are excluded. You must ensure that your access to and/or use of this Website is not illegal or prohibited by laws which apply to you or in your location.

Unacceptable Activity

As a condition of your use of this Website, you must not do or attempt to do any act that we would deem to be inappropriate, culturally insensitive, unlawful, or prohibited by any laws applicable to the Website and its content.

This includes, but is not limited to:

• using this Website to defame, abuse, harass, stalk, threaten or otherwise offend us, our personnel, agents, contractors, partners, affiliates or any other person;
• publishing, distributing, emailing, transmitting or disseminating any material which is or could reasonably be considered in our opinion, unlawful, obscene, defamatory, indecent, offensive or inappropriate;
• providing false or misleading information to us, or our personnel, agents, contractors, partners, affiliates, suppliers or related service providers;
• using any automated scripting tools or software, or data mining, robots, screen scraping or similar data gathering and extraction tools on the Website or in relation to its content;
• inhibiting or interfering with other users’ enjoyment and use of the Website;
• engaging in or promoting any third party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via this Website;
• impersonating any other person or entity;
• infringing any third-party rights (including Intellectual Property, Indigenous Cultural & Intellectual Property, confidentiality and privacy rights);
• compromising or disclosing sensitive data or personal or confidential information, including by sharing information which reasonably identifies another person without their consent (if you do share personal information about another person, please let them know about our Privacy Collection Notice and Privacy Policy which sets out how we will handle their personal information);
• uploading, posting, emailing, transmitting or otherwise making available using this Website any material that you do not have a right to make available or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisation;
• interfering with, or circumventing security-related or other features of the Website, or tampering or hacking or in some other way disrupting any computer system, service, network, website, router or other device used to host the Website or make the Website available;
• accessing or using, or allowing any other person, group or organisation to access or use, the Website outside the scope of any permission or licence granted to you by these Terms of Use; or
• breaching, or causing us to breach, any laws or regulations which are applicable to your use of this Website in your jurisdiction.

We have the right to take down any information or content you post on the Website at our sole discretion and without notice.

If you have a complaint about any of the content that may be published on this Website, you should contact us.

Intellectual Property Rights

Unless otherwise indicated, all material on this Website, including (but not limited to) text, graphics, audio and video files, information architecture and coding, is the Intellectual Property of VACCHO or is used under licence from third parties. All rights not expressly granted to you under these Terms of Use are reserved.

Your access and use of the Website and its content does not grant or transfer any right, title, or interest to you in relation to the Website or the content.

You are granted a limited non-exclusive licence to access and use the Website and subject to this section, you may download, store in cache, display, print or make a single copy of the information or material stored on this Website (in its unaltered form) for your personal and non-commercial use only. You must attribute VACCHO and this Website as the source of this information or material. You may not use the Website, or any of the content, to further any commercial purpose, including any advertising or revenue generation activity on your own website or social media.

Except for these purposes, and for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any similar statute that applies in your jurisdiction), you may not, in any form or by any means:

• adapt, reproduce, distribute, transmit, perform, publish or create derivative works from any part of this Website; or
• commercialise any information, content, products or services obtained from any part of this Website, without our written permission.

Any such reproduction or redistribution of the Website or its content, in whole or in part, is prohibited and may result in civil and criminal penalties. If you wish to make any other use of the material on this Website, you must obtain our permission before doing so. To ask for permission or for further information, please contact us here.

In the event that you engage with the interactive elements of the Website, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any Intellectual Property in the contributions, interactions or posts that you make to the Website. This includes, but is not limited to, the rights to copy, publish, communicate to the public, reformat, edit, adapt, translate or otherwise use the information or contributions you make for commercial or promotional purposes.

Trade Marks

All trade names, trademarks, service marks and other product and service names and logos (“Marks”) displayed on this Website are proprietary to their respective owners and are protected by applicable trademark and copyright laws. These Marks may be VACCHO’s registered or unregistered Marks or may belong to others and are used on this Website with permission of the relevant owner.

Nothing contained on this Website should be construed as granting any licence or right of use of any Mark which is displayed on this Website without the express written permission of the relevant owner.

If you use any of our Marks to refer to our activities, products or services, you must include a statement attributing that Mark to us. You must not use any of our Marks:

• in or as the whole or part of your own Marks;
• in connection with activities, products or services which are not ours;
• in a manner which may be confusing, misleading or deceptive; or
• in a manner that disparages us or our information, products or services (including this Website).

Enforcement of Intellectual Property Rights

Intellectual Property (including Trademark) infringement will be monitored and VACCHO and any third party licensor reserves the right to take whatever legal action necessary against you or any party who infringes the Intellectual Property rights found on this Website.

Social media

We have several social media accounts, which currently includes Facebook, TikTok, X (formerly called Twitter), YouTube, Instagram and LinkedIn (collectively known as our Pages).

All content on our accounts is subject to individual terms of use as outlined by each social media provider.

By interacting with our accounts you agree to be bound by the terms of use of the relevant social media provider.

Third Party Content and Linked Websites

Third party content is incorporated, presented or linked to on this Website (Third Party Content). This Website also contains hyperlinks to websites of other entities (Linked Websites).

Third Party Content and Linked Websites are provided for convenience and may not be current or maintained. Intellectual Property rights generally remain with that third party and their permission may be required to use the content. We have no control over or rights in any Third Party Content or Linked Website that is not our own.

We are not responsible for, do not endorse or make any representation about, nor do we evaluate or examine Third Party Content or Linked Websites, whether for usefulness for purpose, accuracy, completeness, legal compliance, availability or otherwise.

Your use and access of Third Party Content and Linked Websites is entirely at your own risk. In accessing Third Party Content or Linked Websites, you will be bound by the terms and conditions (if any) of that Third Party Content or Linked Website.

The inclusion of Third Party Content or Linked Websites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the Third Party Content or Linked Website, or for any information, product or service referred to on or in the Third Party Content or Linked Website.

We may remove, suspend access to, change or otherwise deal with Third Party Content and Linked Websites at any time, for any period and to any extent, without notice to you and without any liability or obligation to you. The owners or controllers of Third Party Content or Linked Website may do the same.

We are not responsible for the privacy practices of any Third Party social media or other service providers that you can access through this Website.

Your visit to our Website

We use cookies (small data files that are stored on your web browser) to: collect anonymous traffic data, improve your Website user experience, analyse trends, administer the Website, track user movements and gather information on demographics.

Cookies do not access information stored on your computer or any personal information (e.g. name, address, email address or telephone number). You can disable or block cookies using the settings in your web browser if you do not agree to this cookies policy, but this may impact your ability to take full advantage of the Website.

You agree that we may store cookies on your devices and issue and request cookies from your device to collect both personal and non-personal information.

Subject to our Privacy Policy and Privacy Collection Statement, we may also collect and store information about your visit to the Website, including:

• the name of the domain from which you accessed the internet;
• the date and time you accessed the Website;
• the internet address of the website from which you linked directly to the Website;
• the pages you accessed while visiting the Website;
• the type of device from which you accessed the Website; and
• the location from which you accessed the Website.

All the information we collect is aggregated and cannot be used to identify you individually. This information is used to measure visitor numbers and to assess how the Website was used in order to maintain its effectiveness.

We do not collect this information for any type of online advertising.

Indemnity

You agree to indemnify and hold us, our partners, affiliates, third-party suppliers, licensors, related service providers and any officer, employee, contractor, agent, body corporate or successor, harmless from and against any and all actions, suits, claims, demands, liabilities, costs, expenses, loss and damages (actual, special or consequential) of every kind and nature, known and unknown, including reasonable legal fees on a full indemnity basis, incurred, suffered, due to or arising out of or in connection with:

• your use of the Website or its content;
• your breach of these Terms of Use; or
• your breach of any law or the rights of a third party in connection with your access or use of the Website.

Breach and Termination

These Terms automatically terminate if we cease to operate the Website.

We reserve the right to rescind, suspend or terminate your access and use of the Website at any time without notice, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

We may also suspend or terminate your access to the Website immediately where you fail to comply with any material term of these Terms of Use, or where we reasonably suspect that you are misusing the Website.

Upon termination of these Terms of Use, you must immediately cease using the Website.

General

The Website is owned and operated by the Victorian Aboriginal Community Controlled Health Organisation Inc (ABN 67 498 114 972) (VACCHO, we, our or us)

We reserve the right to make changes to the Website and these Terms of Use at any time without notice. Any amendment will be effective immediately. Your continued use of this Website after any amendment of these Terms of Use constitutes an agreement by you to comply with, and be bound by, the amended Terms of Use. Accordingly, you should access and read the Terms of Use from time to time for changes.

These Terms govern updates, upgrades and new or amended versions of the Website, unless such versions are accompanied by new terms of use, which will govern those versions.

No waiver by us of any default of yours under these Terms of Use will operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you will in any way release, discharge or otherwise affect your liability under these Terms of Use.

All provisions of these Terms of Use apply equally to and are for the benefit of us, our partners, affiliates, third-party suppliers, related service providers, licensors, and our and their officers, employees, contractors, agents, body corporates or successors, and each will have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms of Use may be varied or rescinded without the consent of those parties).

If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, that provision will be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms of Use will not be affected.

These Terms of Use are governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or this Website.

Definitions

“Website” means the whole or any part of the web pages located at www.vaccho.org.au as replicated on any device (including mobile applications) and includes the layout, individual design elements, underlying code elements and any text, sounds, videos, graphics, animated elements or other content contained on this Website.

“Indigenous Cultural and Intellectual Property (ICIP)” refers to the rights of Australian Aboriginal and Torres Strait Islander people to their cultural heritage. This includes all tangible and intangible knowledge including traditional knowledge, traditional cultural expression, objects, sites, language, song, dance, music, stories, ceremonies and the secret/sacred.

“Intellectual Property” refers to the existing and future industrial and intellectual property rights, including any copyright, database, patent, design, trademark, domain name, business or company name, know-how, trade secret, circuit layout, confidential information and any other rights of a similar nature whether registered registrable, patentable or not.

Enquiries

You can contact us here.