Remember Me® Web Site Terms and Conditions of Use
1 Application of these Terms and Conditions
1A: This Remember Me ® Web Site ("Web Site") is owned by Sunshine Holdings (Aust) Pty Ltd. Your use of the Web Site is subject to these Terms and Conditions. These terms and conditions apply to the use of the web site, including but not limited to the use of the information services, membership registration, submission of listings and hyperlinking to our web pages from within your web site. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site. By using the Web Site, You agree to be bound by these terms and conditions.
2A: In these Terms and Conditions, the expressions “we”, “us” and “our” are a reference to Sunshine Holdings (Aust) Pty Ltd.
2B: A reference to “our material” is a reference to all information or material contained in or accessible at or via this web site.
2C: A reference to “deep hyperlink” means any hyperlink that provides a link to, or access to, a web page or internet location that is part of our internet domain, other than a hyperlink to the home page of that domain or the home page of a subsidiary domain.
2D: A reference to “embedded hyperlink” refers to any method or mechanism of hyperlinking, where it appears that:
(i) the hyperlinked material is part of the web page or internet location containing the hyperlink; or
(ii) the hyperlinked material is not part of the web pages or internet location where it is originally located.
2E: A reference to “hyperlink” or “link” means any mechanism of providing a link from one location on the internet (or a web page) to another location on the internet, (or a different web page, or a different location on the same web page) and includes any mechanism for linking to, or providing access to files via the internet.
2F: A reference to “keying” means any process or method by which a web page containing our material will be returned in search engine results when a search is conducted for a competitors band or identity (or vice-versa).
3. Amendments to Terms and Conditions
3A: We reserve the right to amend these terms and conditions from time to time without notice to you. Amendments will be effective immediately upon being posted on the terms and conditions in this Web Site.
3B: Your continued use of the Web Site following the amendments will represent an agreement by you to be bound by the terms and conditions as amended.
4A: To be able to submit a listing for a charitable organization and/or access certain information offered on this web site, you must become a member. To become a member, you must complete your registration details in the manner described on the web site.
4B: We reserve the right to terminate your membership at any time if you breach these terms and conditions.
4C: You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied.
4D: Upon registration, you will be provided with a password and account designation. You agree to pay for our services in the manner specified on the web site (if you are a premium member or in other case, if applicable).
4E: Membership is only open to you if you are 18 years old or over. If you are under 18 years of age, you must not register as a member.
5. Members’ General Obligations
5A: By registering as a member, you agree to abide by the following terms and conditions:
(ii) You are responsible for protecting the confidentiality of your password;
(iii) You will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
(iv) You agree not to impersonate any other person or entity;
(v) You agree to provide current, accurate and up-to-date information about yourself as required under these terms and conditions;
(vi) You will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
(Vii) We do not accept any liability for the accuracy or content of any material posted by other members. We are no liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another member.
(viii) We do not accept any responsibility or liability for any information or material which you submit, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit.
(ix) If you download any material from the web site, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store or distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material.
6. Members’ Obligations in relation to hyperlinks
6A: Subject to your observance of these terms and conditions, we grant you a non-exclusive right to provide hyperlinks from your web site to our material. In consideration of being granted this hyperlinking right, you undertake the following obligations:
(i) to not copy, reproduce, translate, adapt, vary or modify any of our material without our express consent, except as expressly authorized by these terms and conditions;
(ii) bring into disrepute us, our services, or our officers or employees;
(iii) to use only active links to our material and to not use deep or embedded hyperlinks;
(iv) to not use keying in connection with our material;
(v) to only use our material in the form in which it is provided;
(vi) to not alter, amend, redraw, distort, animate or tamper with any of our material or associated icons in any way;
(vii) to retain any copyright or trademark symbols that appear next to our material;
(viii) to supervise and control the use of our material in accordance with these terms and conditions;
(ix) to ensure your employees, sub-contractors and other agents who have authorized access to our material are made aware of these terms and conditions;
(x) to not use our material in a manner that gives the impression or represents that any person, organization or event, is in any way related to, sponsored by, or affiliated with us; and
(Xi) to comply (within a reasonable time) with any demand or request by us in relation to your use of our material.
7. Information Services
7A: All information provided by us pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time.
7B: We do not make any representations or warranties that the information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our information service.
7C: You agree to use our information service for lawful purposes only.
8. Membership Registration Procedure
8A: You may register your membership on this web site for free or if you register as a premium member, for the price specified on this web site. In order to register, you must submit the following information – Charity Login, e-mail address, password, ABN, CAN and deductible gift recipient. Within 24 hours of receipt of your listing, we will at our discretion accept or reject your registration and/or listing.
8B: If you are making payment through Paypal and Real time credit card, you acknowledge that you agree to an auto-renewal of your annual subscription and/or to continue making payment through Paypal and Real time credit card until the cancellation of your membership under these terms and conditions.
8C: You may not cancel your listing once it has been submitted, even if our acceptance or rejection of your listing is still pending.
8D: We are not required to give reasons for rejecting your listing and/or registration of membership. If we reject your listing and/or registration of membership, we will not be under any further liability arising out of our non-acceptance of your listing and/or registration.
9. Membership Cancellation Procedure
9A: After we have accepted membership registration, you may cancel your membership if you wish to do so. To cancel your membership or listing, you need to submit a ticket to our support team through our helpdesk.
9B: Once cancellation of your membership is confirmed over the phone, your membership will be cancelled within 48 hours. Whilst we endeavor to cancel your membership and to remove your listing within 48 hours, we will not be liable for any loss or damages in relation to any delay in the cancellation of your membership or removal of your listing.
9C: On cancellation of your membership, you will be refunded the balance of your membership fee (if you are a premium member, or in other cases, if you have paid a membership fee as specified on the Web Site) on a pro-rata basis.
10. General Disclaimer
10A: We do not accept responsibility for any loss, damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Web Site or any linked Web Site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Web Site.
10B: Whilst we take reasonable steps to maintain this Web Site, we will not be liable for any loss or damages which you may directly or indirectly suffer in the event that this Web Site is down.
10C: To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.
11. Disclaimer in relation to Listings of Charitable Organization
11A: When you submit a listing for a charitable organization, the charitable organization will be categorized in accordance to the type of the organization and/or its main activities. We will list the charitable organization in alphabetical order in reference to the name of the charitable organization. We do not accept any responsibility for any loss, damage, however caused, which you may directly or indirectly suffer in connection with the order of the listing of the charitable organization/s on the Web Site.
11B: We have the discretion to decide on the format, shape, fonts and sizes in relation to the listing of your charitable organization and will not accept any liability for loss and damages in relation to the format, shape, fonts and size of the listing of your charitable organization.
11C: You list your charitable organization on the Web Site completely at your own risk.
12. Disclaimer in relation to Linked Web Sites
12A: This Web Site contains links to other Web Sites not operated by us (“linked Web Sites”). The linked Web Sites may not remain current or be maintained. We are not responsible for the content or privacy practices associated with the linked Web Sites.
12B: Our links with linked Web Sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked Web Sites, or of any information, graphics, materials, products or services referred to or contained on those linked Web Sites, unless and to the extent stipulated to the contrary.
12C: Your access to the linked Web Site is completely at your own risk.
13. Disclaimer in relation to the Contents of the Web Site and Linked Web Sites
13A: This Web Site and the linked Web Sites contain contents provided by third parties. We are not responsible for monitoring or making inquiries in relation to the contents provided by third parties.
13B: The existence of the third party contents in this Web Site and in the linked Web Sites should not be construed as our endorsement, approval or recommendation in relation to the contents or information in this Web Site and in the linked Web Sites.
13C: Whilst we have no reason to believe that any contents or information contained in this Web Site and in the linked Web Sites is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Web Site updated.
13D: We do not accept responsibility for loss and damages suffered as a result of reliance by you on the contents and information of this Web Site and the linked Web Sites and upon the accuracy or currency of information contained in this Web Site and in the linked Web Site. You rely on the Contents in this Web Site and on the linked Web Sites completely at your own risk.
14. Disclaimer in relation to Advertisements placed on the Web Site
14A: This Web Site contains advertisements (including hyperlinks to the advertisers’ own Web Sites).
14B: The responsibility for the content of advertisements appearing on this Web Site and hyperlinks to the advertisers’ own Web Sites rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
14C: We reserve the right to remove or to refuse to display any advertisement/s that we reasonably believe to contain any indecent, threatening, misleading or illegal content. We also reserve the right to remove or to refuse to publish anything that we reasonably believe to contain a virus or code designed to cause disruptions to the Web Site.
14D: Subject to Clause 7C, we will not accept responsibility for loss and damage suffered as a result of the removal of advertisements from the Web Site.
14E: You rely on those advertisements and its contents completely at your own risks.
15. Exception to Disclaimers
15A: The disclaimers set out in Clauses 9, 10, 11,12 and 13 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.
16. Limitations of Liability
16A: Where legislation implies any condition or warranty, that condition or warranty will be deemed included but to the extent permitted by that legislation, our liability and our contractor’s liability will be limited for a breach of that condition or warranty to the resupply of services.
16B: Except as set out in Clause 9A, we and our contractors exclude the following:
(i) All warranties whether express, implied, statutory or otherwise, relating in any way to the Web Site or to your use of the Web Site; and
(ii) All liabilities, loss and damages (including through negligence), which you may directly or indirectly suffer in connection with your use of this Web Site or any linked Web Site, nor do we accept any responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this Web Site.
17. Warnings in relation to the use of this Web Site
17A: You must ensure that your access to this Web Site is not illegal or prohibited by the law.
17B: You must take your take your own precautions to ensure that the process which you employ for accessing this Web Site 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 your own computer system which arises in connection with your use of this Web Site or any linked Web Site.
17C: We do not accept liability for any losses arising directly or indirectly from a failure to accept your membership, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of service, any transmissions by other members in contravention of the members’ obligations as set out in these terms and conditions or any content transmitted by a non-member.
17D: You must indemnify us and our related bodies corporate and our directors, employees and sub-contractors against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person using your password or ID, whether or not you have authorized that person to use your password or ID, your use of your links to our materials and your use of our material.
17E: You confirm that we cannot confirm the identity of other members or prevent them acting under false pretences.
17F: You must not provide links to our web site from any site that contains any material that:
(i) will subject us to an action for defamation, breach of copyright, infringement of any other intellectual property rights, or any law whatsoever; or
(ii) is not in conformity with accepted standards of public decency and good taste.
17G: You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorized access to or alteration of your transmission or data or of information contained o your computer system or on this web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
18A: Copyright in this Web Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1969 (Cth), and except as expressly authorized by these terms and conditions, you may not, without our written permission, in any form or by any means:
(i) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Web Site, except for the temporary copy held in the computer’s cache and a single permanent copy retained for your personal use; or
(ii) commercialise any information, products or services obtained from any part of this Web Site.
19. Trade Marks
19A: Except where otherwise specified, any word or device to which is attached the TM or R symbol is a registered trade mark.
19B: If you use any of our trade mark in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
(i) in or as the whole or part of your own trade marks;
(ii) in connection with activities, products or services which are not ours’
(iii) in a manner which may be confusing, misleading or deceptive;
(iv) in a manner that disparages us or out information, products or services (including this Web Site).
19C: Remember Me ® is a registered trade mark.
20. Restricted Use
20A: Unless we agree in writing, you are provided with access to this Web Site only for your personal use. You are authorized to print a copy of any information contained in this Web Site for your personal use, unless such printing is expressly prohibited.
20B: Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Web Site.
21. Security of Information
21A: We do not guarantee the security of data transmission over the Internet. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.
21B: Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
22. Termination of Access
22A: We may, at any time terminate your access to this Web Site without notice. Our disclaimers in Clauses 9, 10, 11,12 and 13 will nevertheless survive any such termination.
23B: Whilst we take reasonable steps to ensure that the privacy of your personal details is protected when you enter this Web Site, we do not accept responsibility for the privacy practices of any other Web Sites (including hyperlinks to this Web Site and the linked Web Sites) which you access nor do we accept any responsibility for breach of your privacy in relation to other Web Sites (including hyperlinks to this Web Site and the linked Web Sites).
24. Governing Law
24A: These terms and conditions are governed by the laws in force in the State of Victoria, Australia and you agree to be subjected to the non-exclusive jurisdiction of the Courts of this State.